Rep. Rosemary Kurtz
Filed: 3/23/2004
 
 

 




 

 		












09300HB3821ham002

LRB093 12239 DRH 49025 a






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AMENDMENT TO HOUSE BILL 3821




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    AMENDMENT NO. ______. Amend House Bill 3821, AS AMENDED, in 
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Section 5, Sec. 5-16, subsection (A), by replacing paragraph 4 
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with the following: 
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        "4. Every person convicted of violating this Section
    
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shall be guilty of a Class 4 felony if:
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            (a) He has a previous conviction under this
        
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Section;
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            (b) The offense results in personal injury where
        a 
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person other than the operator suffers great bodily 
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harm or permanent disability or disfigurement, when 
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the violation was a proximate cause of the injuries. A 
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person guilty of a Class 4 felony under this 
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subparagraph (b), if sentenced to a term of 
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imprisonment, shall be sentenced to a term of not less 
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than one year nor more than 12 years; or
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            (c) The offense occurred during a period in
        which 
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his or her privileges to operate a watercraft are 
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revoked or suspended, and the revocation or suspension 
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was for a violation of this Section or was imposed 
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under subsection (B)."; and


 
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in Section 5, Sec. 5-16, subsection (A), by replacing paragraph 
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6 with the following: 


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        "6. (a) In addition to any criminal penalties imposed, 
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the Department of
Natural Resources shall suspend the 
 


 






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watercraft operation privileges of any
person

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convicted or found guilty of a misdemeanor under this 
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Section, or a similar provision of a local ordinance or 
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Title 46, Part A, Chapter 23, Section 2302 of the U.S. 
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Code of Federal Regulations, for a period
of one year, 
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except that a first time offender who is placed on 
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court supervision is exempt from this mandatory
one 
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year suspension.


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            (b) In addition to any criminal penalties imposed, 
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the Department of
Natural Resources shall suspend the 
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watercraft operation privileges of any
person

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convicted of a felony under this Section, or a similar 
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provision of a local ordinance or federal law, or 
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Section 9-3 of the Criminal Code, for a period of 3 
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years."; and
 
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in Section 5, Sec. 6-1, by replacing the second paragraph of 
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subsection A-1 with the following:
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    "As used in this Section, "personal injury" means any 
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injury requiring medical treatment beyond first aid."; and
 
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in Section 5, Sec. 6-1, by replacing subsections B and C with 
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the following:
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    "B. In the case of collision, accident, or other casualty 
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involving a
vessel, the operator, if the collision, accident, 
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or other casualty
results in death or injury to a person or 
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damage to property in excess of
$2,000 or there is a complete 
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loss of the vessel
$500, shall file with the Department a full 
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description of the collision,
accident, or other casualty, 
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including information as the Department
may by regulation 
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require.  Reports
of
the accidents must be filed with
the 
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Department on a Department Accident Report form within 5 days.


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    C. Reports of accidents resulting
in personal injury, where 
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a person
sustains an injury requiring medical attention beyond 
 


 






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first aid
is incapacitated for a period exceeding 72 hours, 
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must be filed with the
Department on a Department Accident 
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Report form within 5 days.
Accidents
that result in loss of 
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life shall be reported to the Department on a
Department form 
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within 48 hours."; and

 
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in Section 5, by replacing Secs. 11A-4 and 11A-5 with the 
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following:
 
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    "(625 ILCS 45/11A-4)  (from Ch. 95 1/2, par. 321A-4)

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    Sec. 11A-4. Any person who is convicted of a violation of 
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Sections
5-1, 5-2 or 11A-5 of this Act, in addition to any 
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other penalties
authorized in this Act, may in the discretion 
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of the court be refused the
privilege of operating any 
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watercraft on any of the waterways of this State
for a period 
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of not less than one year.


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    Any person who is convicted of a violation of Section 5-2 
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of this Act or
subsection A-1 of Section 6-1 of this Act, in 
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addition to any other penalties
authorized in this Act, shall 
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have his or her privilege of operating any watercraft on any of 
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the waterways of this State suspended by the Department for a 
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period of not less than one year.


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(Source: P.A. 85-149.)

 
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    (625 ILCS 45/11A-5)  (from Ch. 95 1/2, par. 321A-5)

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    Sec. 11A-5. A person may not operate a watercraft during 
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the time that the person's privilege to operate a watercraft is 
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suspended or revoked in this State, by another state, or by a 
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federal agency. Any person who operates any watercraft during 
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the period when
he is denied the privilege to so operate is 
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guilty of a Class A misdemeanor
for a first offense and a Class 
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4 felony for a second or subsequent
offense.


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(Source: P.A. 85-149.)".