Sen. Julie A. Morrison
Filed: 4/22/2013
 
 

 

 

 
09800SB1479sam003LRB098 10147 MLW 44907 a



1
AMENDMENT TO SENATE BILL 1479




2    AMENDMENT NO. ______. Amend Senate Bill 1479, AS AMENDED, 
3with reference to page and line numbers of Senate Amendment No. 
42 as follows:


 
5on page 17, by replacing line 21 with "by changing Section 5-16 
6and by adding Section 5-16c as follows:"; and
 
7on page 17, below line 21, by inserting the following:
 



8    "(625 ILCS 45/5-16)



9    Sec. 5-16. Operating a watercraft under the influence of 
10alcohol,
other drug or drugs, intoxicating compound or 
11compounds, or combination
thereof.

12    (A) 1. A person shall not operate or be in actual physical 
13    control of
any
watercraft within this State while:


14            (a) The alcohol concentration in such person's 
15        blood or breath is a
concentration at which driving a 
 
 
09800SB1479sam003- 2 -LRB098 10147 MLW 44907 a

1        motor vehicle is prohibited under subdivision
(1) of 
2        subsection (a) of
Section 11-501 of the Illinois 
3        Vehicle Code;


4            (b) Under the influence of alcohol;


5            (c) Under the influence of any other drug or 
6        combination of drugs to a
degree which renders such 
7        person incapable of safely operating
any watercraft;


8            (c-1) Under the influence of any intoxicating 
9        compound or combination
of
intoxicating compounds to a 
10        degree that renders the person incapable of safely

11        operating
any watercraft;


12            (d) Under the combined influence of alcohol and any 
13        other drug or
drugs to a degree which renders such 
14        person incapable of safely operating
a watercraft; or


15            (e) There is any amount of a drug, substance, or 
16        compound in the
person's blood or urine resulting from 
17        the unlawful use or consumption of
cannabis listed in 
18        the Cannabis Control Act, a
controlled substance

19        listed in the Illinois Controlled Substances Act, or an 
20        intoxicating compound
listed in the Use of 
21        Intoxicating Compounds Act.


22        2. The fact that any person charged with violating this 
23    Section is or
has been legally entitled to use alcohol, 
24    other drug or drugs, any
intoxicating compound or 
25    compounds, or any combination of
them, shall not constitute 
26    a defense against any charge of
violating this
Section.


 
 
09800SB1479sam003- 3 -LRB098 10147 MLW 44907 a

1        3. Every person convicted of violating this Section 
2    shall be guilty of a
Class A misdemeanor, except as 
3    otherwise provided in this Section.


4        4. Every person convicted of violating this Section 
5    shall be guilty of a
Class 4 felony if:


6            (a) He has a previous conviction under this 
7        Section;


8            (b) The offense results in personal injury where a 
9        person other than the
operator suffers great bodily 
10        harm or permanent disability or disfigurement,
when 
11        the violation was a proximate cause of the injuries.  A 
12        person guilty of a
Class 4 felony under this 
13        subparagraph (b), if sentenced
to a term of 
14        imprisonment, shall be sentenced to a term of not less 
15        than
one year nor more than 12 years; or


16            (c) The offense occurred during a period in which 
17        his or her
privileges
to
operate
a watercraft are 
18        revoked or suspended, and the revocation or suspension 
19        was for
a
violation of this Section or was imposed 
20        under subsection (B).


21        5. Every person convicted of violating this Section 
22    shall be
guilty of a Class 2 felony if the offense results 
23    in the death of a
person.
A person guilty of a Class 2 
24    felony under this paragraph 5, if sentenced to a
term of 
25    imprisonment, shall be sentenced to a term of not less than 
26    3 years
and not more than 14 years.


 
 
09800SB1479sam003- 4 -LRB098 10147 MLW 44907 a

1        5.1. A person convicted of violating this Section or a 
2    similar
provision
of a
local
ordinance who had a child 
3    under the age of 16 aboard the watercraft at the
time of 
4    offense is
subject to a mandatory minimum fine of $500 and 
5    to a mandatory minimum of  5
days of
community service in a 
6    program benefiting children.  The assignment under this

7    paragraph 5.1 is
not subject to suspension and the person 
8    is not eligible for probation in order
to reduce the

9    assignment.


10        5.2. A person found guilty of violating this Section, 
11    if his or her
operation
of a watercraft
while in violation 
12    of this Section proximately caused any incident resulting 
13    in
an appropriate
emergency response, is liable for the 
14    expense of an emergency response as
provided in subsection 
15    (m) of Section 11-501 of the Illinois Vehicle Code.


16        5.3. In addition to any other penalties and 
17    liabilities, a person who is
found
guilty of
violating this 
18    Section, including any person placed on court supervision,

19    shall be fined $100,
payable to the circuit clerk, who 
20    shall distribute the money to the law
enforcement agency 
21    that
made the arrest.  In the event that more than one 
22    agency is responsible for the
arrest, the $100
shall be 
23    shared equally.  Any moneys received by a law enforcement 
24    agency under
this
paragraph 5.3 shall be used to purchase 
25    law enforcement equipment or to provide
law
enforcement 
26    training that will assist in the prevention of alcohol 
 
 
09800SB1479sam003- 5 -LRB098 10147 MLW 44907 a

1    related
criminal violence
throughout the State.  Law 
2    enforcement equipment shall include, but is not
limited to, 
3    in-car
video cameras, radar and laser speed detection 
4    devices, and alcohol breath
testers.


5        6. (a) In addition to any criminal penalties imposed, 
6        the Department of
Natural Resources shall suspend the 
7        watercraft operation privileges of any
person

8        convicted or found guilty of a misdemeanor under this 
9        Section, a similar provision of a local ordinance, or 
10        Title 46 of the U.S. Code of Federal Regulations for a 
11        period
of one year, except that a first time offender 
12        is exempt from this mandatory
one year suspension.

13            As used in this subdivision (A)6(a), "first time 
14        offender" means any person who has not had a previous 
15        conviction or been assigned supervision for violating 
16        this Section, a similar provision of a local ordinance 
17        or, Title 46 of the U.S. Code of  Federal Regulations, 
18        or any person who has not had a suspension imposed 
19        under subdivision (B)3.1 of Section 5-16.


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

23        convicted of a felony under this Section, a similar 
24        provision of a local ordinance, or Title 46 of the U.S. 
25        Code of Federal Regulations for a period of 3 years.


26    (B) 1. Any person who operates or is in actual physical 
 
 
09800SB1479sam003- 6 -LRB098 10147 MLW 44907 a

1    control of any
watercraft upon the waters of this
State 
2    shall be deemed to have given consent to a chemical test or 
3    tests of
blood, breath or urine for the purpose of 
4    determining the content of
alcohol, other
drug or drugs, 
5    intoxicating compound or compounds, or combination thereof

6    in the person's blood if arrested for
any offense of 
7    subsection (A) above. The chemical test or tests shall be

8    administered at
the direction of the arresting officer.
The 
9    law enforcement agency employing the
officer shall 
10    designate which of the tests shall be administered.  A
urine 
11    test may be
administered even after a blood or breath test 
12    or both has been administered.


13        1.1. For the purposes of this Section, an Illinois Law 
14    Enforcement
officer of
this
State who is investigating the 
15    person for any offense defined in Section 5-16
may travel

16    into an adjoining state, where the person has been 
17    transported for medical care
to
complete an investigation, 
18    and may request that the person submit to the test
or
tests 
19    set
forth in this Section.  The requirements of this Section 
20    that the person be
arrested are
inapplicable, but the 
21    officer shall issue the person a uniform citation for an

22    offense as
defined in Section 5-16 or a similar provision 
23    of a local ordinance prior to
requesting that
the person 
24    submit to the test or tests.  The issuance of the uniform 
25    citation
shall not
constitute an arrest, but shall be for 
26    the purpose of notifying the person that
he or she is

 
 
09800SB1479sam003- 7 -LRB098 10147 MLW 44907 a

1    subject to the provisions of this Section and of the 
2    officer's belief in the
existence of
probable cause to 
3    arrest.  Upon returning to this State, the officer shall 
4    file
the uniform
citation with the circuit clerk of the 
5    county where the offense was committed
and shall
seek the 
6    issuance of an arrest warrant or a summons for the person.


7        1.2. Notwithstanding any ability to refuse under this 
8    Act to submit to
these
tests
or any ability to revoke the 
9    implied consent to these tests, if a law
enforcement 
10    officer
has probable cause to believe that a sailboat or 
11    non-powered watercraft operated by or under actual

12    physical
control of a person under the influence of 
13    alcohol, other drug or drugs,
intoxicating
compound or 
14    compounds, or any combination of them has caused the death 
15    of or
personal
injury to another, that person shall submit, 
16    upon the request of a law
enforcement officer,
to a 
17    chemical test or tests of his or her blood, breath, or 
18    urine for the
purpose of
determining the alcohol content or 
19    the presence of any other drug, intoxicating
compound, or

20    combination
of them.  For the purposes of this Section, a 
21    personal injury includes severe
bleeding
wounds, distorted 
22    extremities, and injuries that require the injured party to

23    be carried
from the scene for immediate professional 
24    attention in either a doctor's office
or a
medical 
25    facility.


26        2. Any person who is dead, unconscious or who is 
 
 
09800SB1479sam003- 8 -LRB098 10147 MLW 44907 a

1    otherwise in a condition
rendering such person incapable of 
2    refusal, shall be deemed not to have
withdrawn the consent 
3    provided above, and the test may be administered.


4        3. A person requested to submit to a chemical test as 
5    provided above
by this Section or Section 5-16c shall be

6    verbally advised by the law enforcement officer requesting 
7    the test that a
refusal to submit to the test will result 
8    in suspension of such person's
privilege to operate a 
9    watercraft for a minimum of 2 years. Following this

10    warning, if a person
under arrest refuses upon the request 
11    of a law enforcement officer to
submit to a test designated 
12    by the officer, no test
shall be given, but the law 
13    enforcement officer shall file with the clerk
of the 
14    circuit court for the county in which the arrest was made, 
15    and with
the Department of Natural Resources, a sworn

16    statement naming the person refusing to take and complete 
17    the chemical test
or tests
requested under the provisions 
18    of this Section.  Such sworn statement shall
identify the 
19    arrested person, such person's current residence address 
20    and
shall specify that a refusal by such person to take the 
21    chemical test or
tests was
made.  Such sworn statement shall 
22    include a statement that the arresting
officer had 
23    reasonable cause to believe the person was operating or was 
24    in
actual physical control of the
watercraft within this 
25    State while under the influence of alcohol, other
drug or 
26    drugs, intoxicating compound or compounds, or combination 
 
 
09800SB1479sam003- 9 -LRB098 10147 MLW 44907 a

1    thereof
and that such
chemical test or tests were made as 
2    an
incident to and following the lawful arrest for an 
3    offense as defined in
this Section or a similar provision 
4    of a local ordinance, and that the
person after being 
5    arrested for an offense arising out of acts alleged to
have 
6    been committed while so operating a watercraft refused to 
7    submit to
and complete a chemical test or tests as 
8    requested by the law enforcement
officer.


9        3.1. The law enforcement officer submitting the sworn 
10    statement as
provided in
paragraph 3 of this subsection (B) 
11    shall serve immediate written notice upon
the
person 
12    refusing the chemical test or tests that the person's 
13    privilege to
operate a
watercraft within this State will be 
14    suspended for a period of 2 years unless,
within 28 days 
15    from the date of the notice, the person requests in writing 
16    a
hearing
on the suspension.


17        If the person desires a hearing, such person
shall file 
18    a complaint in the circuit court for and in the county in 
19    which
such person was arrested for such hearing. Such 
20    hearing shall proceed in
the court in the same manner as 
21    other civil proceedings, shall cover only
the issues of 
22    whether the person was placed under arrest for an offense 
23    as
defined in this Section or a similar provision of a 
24    local ordinance as
evidenced by the issuance of a uniform 
25    citation; whether the arresting
officer had reasonable 
26    grounds to believe that such person was operating a

 
 
09800SB1479sam003- 10 -LRB098 10147 MLW 44907 a

1    watercraft while under the influence of alcohol, other drug 
2    or drugs,
intoxicating compound or compounds, or 
3    combination
thereof; and whether such person refused to 
4    submit and complete the
chemical test or
tests upon the 
5    request of the law enforcement officer. Whether the person

6    was informed that such person's privilege to operate a 
7    watercraft would be
suspended if such person refused to 
8    submit to the chemical test or tests
shall not be an
issue.


9        If the person fails to request in writing a hearing 
10    within 28 days from
the date of notice, or if a hearing is 
11    held and the court finds against the
person on the issues 
12    before the court, the
clerk shall immediately notify the 
13    Department of Natural Resources, and the Department shall 
14    suspend the watercraft operation
privileges of the person 
15    for at least 2 years.


16        3.2. If the person submits to a test that discloses an 
17    alcohol
concentration
of 0.08
or more, or any amount of a 
18    drug, substance or intoxicating compound in the
person's

19    breath, blood, or urine resulting from the unlawful use of 
20    cannabis listed in
the Cannabis
Control Act, a controlled 
21    substance listed in the Illinois Controlled
Substances 
22    Act, or an
intoxicating compound listed in the Use of 
23    Intoxicating Compounds Act, the law
enforcement officer 
24    shall immediately submit a sworn report to the circuit

25    clerk of venue
and the Department of Natural Resources, 
26    certifying that the test or tests were
requested
under 
 
 
09800SB1479sam003- 11 -LRB098 10147 MLW 44907 a

1    paragraph 1 of this subsection (B) and the person submitted 
2    to testing
that
disclosed an alcohol concentration of 0.08 
3    or more.


4        In cases where the blood alcohol concentration of 0.08 
5    or greater or any
amount of
drug, substance or compound 
6    resulting from the unlawful use of cannabis, a
controlled

7    substance or an intoxicating compound is established by a 
8    subsequent analysis
of blood
or urine collected at the time 
9    of arrest, the arresting officer or arresting
agency shall

10    immediately submit a sworn report to the circuit clerk of 
11    venue and the
Department of
Natural Resources upon receipt 
12    of the test results.


13        4. A person must submit to each chemical test offered 
14    by the law
enforcement
officer
in order to comply with the 
15    implied consent provisions of this Section.


16        5. The provisions of Section 11-501.2 of the Illinois 
17    Vehicle Code, as
amended, concerning the certification and 
18    use of chemical tests apply to the
use of such tests under 
19    this Section.

20    (C) Upon the trial of any civil or criminal action or 
21proceeding arising out
of acts alleged to have been committed 
22by any person while operating a
watercraft while under the 
23influence of alcohol, the concentration of alcohol
in the 
24person's blood or breath at the time alleged as shown by 
25analysis of a
person's blood, urine, breath, or other bodily 
26substance shall give rise to the
presumptions specified in 
 
 
09800SB1479sam003- 12 -LRB098 10147 MLW 44907 a

1subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 
2of the Illinois Vehicle Code. The foregoing
provisions of this 
3subsection (C) shall not be
construed
as limiting the 
4introduction of any other relevant evidence bearing upon the

5question whether the person was under the influence of alcohol.

6    (D) If a person under arrest refuses to submit to a 
7chemical test under
the provisions of this Section, evidence of 
8refusal shall be admissible in
any civil or criminal action or 
9proceeding arising out of acts alleged to
have been committed 
10while the person under the influence of alcohol,
other drug or 
11drugs, intoxicating compound or compounds, or combination
of 
12them was operating a watercraft.

13    (E) The owner of any watercraft or any person given 
14supervisory
authority over a watercraft, may not knowingly 
15permit a watercraft to be
operated by any person under the 
16influence of alcohol, other drug or drugs,
intoxicating 
17compound or compounds, or
combination thereof.

18    (F) Whenever any person is convicted or found guilty of a 
19violation of
this
Section, including any person placed on court 
20supervision, the court shall
notify the Office of Law 
21Enforcement of the
Department of Natural Resources, to provide 
22the Department with the records
essential for the performance 
23of the Department's duties to monitor and enforce
any order of 
24suspension or revocation concerning the privilege to operate a

25watercraft.

26    (G) No person who has been arrested and charged for 
 
 
09800SB1479sam003- 13 -LRB098 10147 MLW 44907 a

1violating paragraph 1 of
subsection (A) of this Section shall 
2operate any watercraft within this State
for a period of 24 
3hours after such arrest.

4(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)"; and

 
5on page 18, line 2, by replacing "watercraft" with "motorboat"; 
6and
 
7on page 18, line 25, by replacing "watercraft" with 
8"motorboat"; and
 
9on page 19, line 17, by replacing "cannabis, as covered by" 
10with "cannabis listed in"; and
 
11on page 21, line 14, by deleting "as".