96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1346

 

Introduced 2/18/2009, by Rep. Kevin Joyce, Susana A Mendoza and Maria Antonia Berrios

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code to provide that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence. Provides that the suspension and revocation of a person's motor vehicle driving privileges and the person's opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence. Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Changes the penalties for operation of a snowmobile or watercraft while under the influence so they are similar to the penalties in the Illinois Vehicle Code for DUI. Provides for additional administrative sanctions for operation of a snowmobile or watercraft while under the influence that are similar to certain administrative sanctions for a DUI violation in the Illinois Vehicle Code. Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test and must give additional warnings to the person regarding possible driver's license suspension, and requires the court clerk to send notice to the Secretary of State if the person fails to request a hearing or if the court finds against the person. Makes other changes. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1346 LRB096 06066 AJT 16148 b

1     AN ACT concerning transportation, which may be referred to
2 as Randy's Law.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Illinois Vehicle Code is amended by changing
6 Sections 1-197.5, 2-118.1, and 11-501 and adding Section
7 6-100.5 as follows:
 
8     (625 ILCS 5/1-197.5)  (from Ch. 95 1/2, par. 1-203.1)
9     Sec. 1-197.5. Statutory summary alcohol or other drug
10 related suspension of driver's privileges. The withdrawal by
11 the circuit court of a person's license or privilege to operate
12 a motor vehicle on the public highways for the periods provided
13 in Section 6-208.1. Reinstatement after the suspension period
14 shall occur after all appropriate fees have been paid, unless
15 the court notifies the Secretary of State that the person
16 should be disqualified. The bases for this withdrawal of
17 driving privileges shall be the individual's refusal to submit
18 to or failure to complete a chemical test or tests following an
19 arrest for the offense of driving under the influence of
20 alcohol, other drugs, or intoxicating compounds, or any
21 combination thereof, or submission to such a test or tests
22 indicating an alcohol concentration of 0.08 or more as provided
23 in Section 11-501.1 of this Code, Section 5-7.1 of the

 

 

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1 Snowmobile Registration and Safety Act, or Section 5-16 of the
2 Boat Registration and Safety Act.
3 (Source: P.A. 92-834, eff. 8-22-02.)
 
4     (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
5     Sec. 2-118.1. Opportunity for hearing; statutory summary
6 alcohol or other drug related suspension.
7     (a) A statutory summary suspension of driving privileges
8 under Section 11-501.1 shall not become effective until the
9 person is notified in writing of the impending suspension and
10 informed that he may request a hearing in the circuit court of
11 venue under paragraph (b) of this Section and the statutory
12 summary suspension shall become effective as provided in
13 Section 11-501.1.
14     (b) Within 90 days after the notice of statutory summary
15 suspension served under Section 11-501.1, the person may make a
16 written request for a judicial hearing in the circuit court of
17 venue. The request to the circuit court shall state the grounds
18 upon which the person seeks to have the statutory summary
19 suspension rescinded. Within 30 days after receipt of the
20 written request or the first appearance date on the Uniform
21 Traffic Ticket issued pursuant to a violation of Section
22 11-501, or a similar provision of a local ordinance, the
23 hearing shall be conducted by the circuit court having
24 jurisdiction. This judicial hearing, request, or process shall
25 not stay or delay the statutory summary suspension. The

 

 

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1 hearings shall proceed in the court in the same manner as in
2 other civil proceedings.
3     The hearing may be conducted upon a review of the law
4 enforcement officer's own official reports; provided however,
5 that the person may subpoena the officer. Failure of the
6 officer to answer the subpoena shall be considered grounds for
7 a continuance if in the court's discretion the continuance is
8 appropriate.
9     The scope of the hearing shall be limited to the issues of:
10         1. Whether the person was placed under arrest for an
11     offense as defined in Section 11-501, or a similar
12     provision of a local ordinance, as evidenced by the
13     issuance of a Uniform Traffic Ticket, or issued a Uniform
14     Traffic Ticket out of state as provided in subsection (a)
15     of Section 11-501.1; and
16         2. Whether the officer had reasonable grounds to
17     believe that the person was driving or in actual physical
18     control of a motor vehicle upon a highway while under the
19     influence of alcohol, other drug, or combination of both;
20     and
21         3. Whether the person, after being advised by the
22     officer that the privilege to operate a motor vehicle would
23     be suspended if the person refused to submit to and
24     complete the test or tests, did refuse to submit to or
25     complete the test or tests to determine the person's
26     alcohol or drug concentration; or

 

 

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1         4. Whether the person, after being advised by the
2     officer that the privilege to operate a motor vehicle would
3     be suspended if the person submits to a chemical test, or
4     tests, and the test discloses an alcohol concentration of
5     0.08 or more, or any amount of a drug, substance, or
6     compound in the person's blood or urine resulting from the
7     unlawful use or consumption of cannabis listed in the
8     Cannabis Control Act, a controlled substance listed in the
9     Illinois Controlled Substances Act, an intoxicating
10     compound as listed in the Use of Intoxicating Compounds
11     Act, or methamphetamine as listed in the Methamphetamine
12     Control and Community Protection Act, and the person did
13     submit to and complete the test or tests that determined an
14     alcohol concentration of 0.08 or more.
15     Upon the conclusion of the judicial hearing, the circuit
16 court shall sustain or rescind the statutory summary suspension
17 and immediately notify the Secretary of State. Reports received
18 by the Secretary of State under this Section shall be
19 privileged information and for use only by the courts, police
20 officers, and Secretary of State.
21     (c) For purposes of this Section:
22         (1) A violation of Section 5-7 of the Snowmobile
23     Registration and Safety Act or a similar provision of a
24     local ordinance or a similar out-of-state offense, or
25     Section 5-16 of the Boat Registration and Safety Act or a
26     similar provision of a local ordinance or a similar

 

 

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1     out-of-state offense shall be deemed to be the same as a
2     violation of Section 11-501 of this Code.
3         (2) A suspension for refusal to submit to a chemical
4     test under Section 5-7.1 of the Snowmobile Registration and
5     Safety Act or Section 5-16 of the Boat Registration and
6     Safety Act shall be deemed to be the same as a statutory
7     summary suspension for refusal to submit to a chemical test
8     under Section 11-501.1 or 11-501.8 of this Code.
9         (3) A refusal to submit to a chemical test under
10     Section 5-7.1 of the Snowmobile Registration and Safety Act
11     or Section 5-16 of the Boat Registration and Safety Act
12     shall be deemed to be the same as a refusal to submit to a
13     chemical test under Section 11-501.1 or 11-501.8 of this
14     Code.
15 (Source: P.A. 95-355, eff. 1-1-08.)
 
16     (625 ILCS 5/6-100.5 new)
17     Sec. 6-100.5. Snowmobile Registration and Safety Act; Boat
18 Registration and Safety Act. For purposes of this Chapter:
19         (1) A violation of Section 5-7 of the Snowmobile
20     Registration and Safety Act or a similar provision of a
21     local ordinance or a similar out-of-state offense, or
22     Section 5-16 of the Boat Registration and Safety Act or a
23     similar provision of a local ordinance or a similar
24     out-of-state offense shall be deemed to be the same as a
25     violation of Section 11-501 of this Code.

 

 

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1         (2) A suspension for refusal to submit to a chemical
2     test under Section 5-7.1 of the Snowmobile Registration and
3     Safety Act or Section 5-16 of the Boat Registration and
4     Safety Act shall be deemed to be the same as a statutory
5     summary suspension for refusal to submit to a chemical test
6     under Section 11-501.1 or 11-501.8 of this Code.
7         (3) A refusal to submit to a chemical test under
8     Section 5-7.1 of the Snowmobile Registration and Safety Act
9     or Section 5-16 of the Boat Registration and Safety Act
10     shall be deemed to be the same as a refusal to submit to a
11     chemical test under Section 11-501.1 or 11-501.8 of this
12     Code.
 
13     (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
14     Sec. 11-501. Driving while under the influence of alcohol,
15 other drug or drugs, intoxicating compound or compounds or any
16 combination thereof.
17     (a) A person shall not drive or be in actual physical
18 control of any motor vehicle, as defined in Section 1-146,
19 within this State while:
20         (1) the alcohol concentration in the person's blood or
21     breath is 0.08 or more based on the definition of blood and
22     breath units in Section 11-501.2;
23         (2) under the influence of alcohol;
24         (3) under the influence of any intoxicating compound or
25     combination of intoxicating compounds to a degree that

 

 

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1     renders the person incapable of driving safely;
2         (4) under the influence of any other drug or
3     combination of drugs to a degree that renders the person
4     incapable of safely driving;
5         (5) under the combined influence of alcohol, other drug
6     or drugs, or intoxicating compound or compounds to a degree
7     that renders the person incapable of safely driving; or
8         (6) there is any amount of a drug, substance, or
9     compound in the person's breath, blood, or urine resulting
10     from the unlawful use or consumption of cannabis listed in
11     the Cannabis Control Act, a controlled substance listed in
12     the Illinois Controlled Substances Act, an intoxicating
13     compound listed in the Use of Intoxicating Compounds Act,
14     or methamphetamine as listed in the Methamphetamine
15     Control and Community Protection Act.
16     (b) The fact that any person charged with violating this
17 Section is or has been legally entitled to use alcohol, other
18 drug or drugs, or intoxicating compound or compounds, or any
19 combination thereof, shall not constitute a defense against any
20 charge of violating this Section.
21     (c) Penalties.
22         (1) Except as otherwise provided in this Section, any
23     person convicted of violating subsection (a) of this
24     Section is guilty of a Class A misdemeanor.
25         (2) A person who violates subsection (a) or a similar
26     provision a second time shall be sentenced to a mandatory

 

 

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1     minimum term of either 5 days of imprisonment or 240 hours
2     of community service in addition to any other criminal or
3     administrative sanction.
4         (3) A person who violates subsection (a) is subject to
5     6 months of imprisonment, an additional mandatory minimum
6     fine of $1,000, and 25 days of community service in a
7     program benefiting children if the person was transporting
8     a person under the age of 16 at the time of the violation.
9         (4) A person who violates subsection (a) a first time,
10     if the alcohol concentration in his or her blood, breath,
11     or urine was 0.16 or more based on the definition of blood,
12     breath, or urine units in Section 11-501.2, shall be
13     subject, in addition to any other penalty that may be
14     imposed, to a mandatory minimum of 100 hours of community
15     service and a mandatory minimum fine of $500.
16         (5) A person who violates subsection (a) a second time,
17     if at the time of the second violation the alcohol
18     concentration in his or her blood, breath, or urine was
19     0.16 or more based on the definition of blood, breath, or
20     urine units in Section 11-501.2, shall be subject, in
21     addition to any other penalty that may be imposed, to a
22     mandatory minimum of 2 days of imprisonment and a mandatory
23     minimum fine of $1,250.
24     (d) Aggravated driving under the influence of alcohol,
25 other drug or drugs, or intoxicating compound or compounds, or
26 any combination thereof.

 

 

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1         (1) Every person convicted of committing a violation of
2     this Section shall be guilty of aggravated driving under
3     the influence of alcohol, other drug or drugs, or
4     intoxicating compound or compounds, or any combination
5     thereof if:
6             (A) the person committed a violation of subsection
7         (a) or a similar provision for the third or subsequent
8         time;
9             (B) the person committed a violation of subsection
10         (a) while driving a school bus with persons 18 years of
11         age or younger on board;
12             (C) the person in committing a violation of
13         subsection (a) was involved in a motor vehicle accident
14         that resulted in great bodily harm or permanent
15         disability or disfigurement to another, when the
16         violation was a proximate cause of the injuries;
17             (D) the person committed a violation of subsection
18         (a) for a second time and has been previously convicted
19         of violating Section 9-3 of the Criminal Code of 1961
20         or a similar provision of a law of another state
21         relating to reckless homicide in which the person was
22         determined to have been under the influence of alcohol,
23         other drug or drugs, or intoxicating compound or
24         compounds as an element of the offense or the person
25         has previously been convicted under subparagraph (C)
26         or subparagraph (F) of this paragraph (1);

 

 

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1             (E) the person, in committing a violation of
2         subsection (a) while driving at any speed in a school
3         speed zone at a time when a speed limit of 20 miles per
4         hour was in effect under subsection (a) of Section
5         11-605 of this Code, was involved in a motor vehicle
6         accident that resulted in bodily harm, other than great
7         bodily harm or permanent disability or disfigurement,
8         to another person, when the violation of subsection (a)
9         was a proximate cause of the bodily harm;
10             (F) the person, in committing a violation of
11         subsection (a), was involved in a motor vehicle,
12         snowmobile, all-terrain vehicle, or watercraft
13         accident that resulted in the death of another person,
14         when the violation of subsection (a) was a proximate
15         cause of the death;
16             (G) the person committed a violation of subsection
17         (a) during a period in which the defendant's driving
18         privileges are revoked or suspended, where the
19         revocation or suspension was for a violation of
20         subsection (a) or a similar provision, Section
21         11-501.1, paragraph (b) of Section 11-401, or for
22         reckless homicide as defined in Section 9-3 of the
23         Criminal Code of 1961;
24             (H) the person committed the violation while he or
25         she did not possess a driver's license or permit or a
26         restricted driving permit or a judicial driving permit

 

 

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1         or a monitoring device driving permit;
2             (I) the person committed the violation while he or
3         she knew or should have known that the vehicle he or
4         she was driving was not covered by a liability
5         insurance policy;
6             (J) the person in committing a violation of
7         subsection (a) was involved in a motor vehicle accident
8         that resulted in bodily harm, but not great bodily
9         harm, to the child under the age of 16 being
10         transported by the person, if the violation was the
11         proximate cause of the injury; or
12             (K) the person in committing a second violation of
13         subsection (a) or a similar provision was transporting
14         a person under the age of 16.
15         (2)(A) Except as provided otherwise, a person
16     convicted of aggravated driving under the influence of
17     alcohol, other drug or drugs, or intoxicating compound or
18     compounds, or any combination thereof is guilty of a Class
19     4 felony.
20         (B) A third violation of this Section or a similar
21     provision is a Class 2 felony. If at the time of the third
22     violation the alcohol concentration in his or her blood,
23     breath, or urine was 0.16 or more based on the definition
24     of blood, breath, or urine units in Section 11-501.2, a
25     mandatory minimum of 90 days of imprisonment and a
26     mandatory minimum fine of $2,500 shall be imposed in

 

 

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1     addition to any other criminal or administrative sanction.
2     If at the time of the third violation, the defendant was
3     transporting a person under the age of 16, a mandatory fine
4     of $25,000 and 25 days of community service in a program
5     benefiting children shall be imposed in addition to any
6     other criminal or administrative sanction.
7         (C) A fourth violation of this Section or a similar
8     provision is a Class 2 felony, for which a sentence of
9     probation or conditional discharge may not be imposed. If
10     at the time of the violation, the alcohol concentration in
11     the defendant's blood, breath, or urine was 0.16 or more
12     based on the definition of blood, breath, or urine units in
13     Section 11-501.2, a mandatory minimum fine of $5,000 shall
14     be imposed in addition to any other criminal or
15     administrative sanction. If at the time of the fourth
16     violation, the defendant was transporting a person under
17     the age of 16 a mandatory fine of $25,000 and 25 days of
18     community service in a program benefiting children shall be
19     imposed in addition to any other criminal or administrative
20     sanction.
21         (D) A fifth violation of this Section or a similar
22     provision is a Class 1 felony, for which a sentence of
23     probation or conditional discharge may not be imposed. If
24     at the time of the violation, the alcohol concentration in
25     the defendant's blood, breath, or urine was 0.16 or more
26     based on the definition of blood, breath, or urine units in

 

 

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1     Section 11-501.2, a mandatory minimum fine of $5,000 shall
2     be imposed in addition to any other criminal or
3     administrative sanction. If at the time of the fifth
4     violation, the defendant was transporting a person under
5     the age of 16, a mandatory fine of $25,000, and 25 days of
6     community service in a program benefiting children shall be
7     imposed in addition to any other criminal or administrative
8     sanction.
9         (E) A sixth or subsequent violation of this Section or
10     similar provision is a Class X felony. If at the time of
11     the violation, the alcohol concentration in the
12     defendant's blood, breath, or urine was 0.16 or more based
13     on the definition of blood, breath, or urine units in
14     Section 11-501.2, a mandatory minimum fine of $5,000 shall
15     be imposed in addition to any other criminal or
16     administrative sanction. If at the time of the violation,
17     the defendant was transporting a person under the age of
18     16, a mandatory fine of $25,000 and 25 days of community
19     service in a program benefiting children shall be imposed
20     in addition to any other criminal or administrative
21     sanction.
22         (F) For a violation of subparagraph (C) of paragraph
23     (1) of this subsection (d), the defendant, if sentenced to
24     a term of imprisonment, shall be sentenced to not less than
25     one year nor more than 12 years.
26         (G) A violation of subparagraph (F) of paragraph (1) of

 

 

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1     this subsection (d) is a Class 2 felony, for which the
2     defendant, unless the court determines that extraordinary
3     circumstances exist and require probation, shall be
4     sentenced to: (i) a term of imprisonment of not less than 3
5     years and not more than 14 years if the violation resulted
6     in the death of one person; or (ii) a term of imprisonment
7     of not less than 6 years and not more than 28 years if the
8     violation resulted in the deaths of 2 or more persons.
9         (H) For a violation of subparagraph (J) of paragraph
10     (1) of this subsection (d), a mandatory fine of $2,500, and
11     25 days of community service in a program benefiting
12     children shall be imposed in addition to any other criminal
13     or administrative sanction.
14         (I) A violation of subparagraph (K) of paragraph (1) of
15     this subsection (d), is a Class 2 felony and a mandatory
16     fine of $2,500, and 25 days of community service in a
17     program benefiting children shall be imposed in addition to
18     any other criminal or administrative sanction. If the child
19     being transported suffered bodily harm, but not great
20     bodily harm, in a motor vehicle accident, and the violation
21     was the proximate cause of that injury, a mandatory fine of
22     $5,000 and 25 days of community service in a program
23     benefiting children shall be imposed in addition to any
24     other criminal or administrative sanction.
25         (3) Any person sentenced under this subsection (d) who
26     receives a term of probation or conditional discharge must

 

 

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1     serve a minimum term of either 480 hours of community
2     service or 10 days of imprisonment as a condition of the
3     probation or conditional discharge in addition to any other
4     criminal or administrative sanction.
5     (e) Any reference to a prior violation of subsection (a) or
6 a similar provision includes any violation of a provision of a
7 local ordinance or a provision of a law of another state or an
8 offense committed on a military installation that is similar to
9 a violation of subsection (a) of this Section.
10     (f) The imposition of a mandatory term of imprisonment or
11 assignment of community service for a violation of this Section
12 shall not be suspended or reduced by the court.
13     (g) Any penalty imposed for driving with a license that has
14 been revoked for a previous violation of subsection (a) of this
15 Section shall be in addition to the penalty imposed for any
16 subsequent violation of subsection (a).
17     (h) For any prosecution under this Section, a certified
18 copy of the driving abstract of the defendant shall be admitted
19 as proof of any prior conviction.
20 (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
21 eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
22 eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
23 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
24 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
 
25     Section 10. The Snowmobile Registration and Safety Act is

 

 

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1 amended by changing Sections 5-7 and 5-7.1 and adding Section
2 5-7.01 as follows:
 
3     (625 ILCS 40/5-7)
4     Sec. 5-7. Operating a snowmobile while under the influence
5 of alcohol or other drug or drugs, intoxicating compound or
6 compounds, or a combination of them; criminal penalties;
7 suspension of operating privileges.
8     (a) A person may not operate or be in actual physical
9 control of a snowmobile within this State while:
10         1. The alcohol concentration in that person's blood or
11     breath is a concentration at which driving a motor vehicle
12     is prohibited under subdivision (1) of subsection (a) of
13     Section 11-501 of the Illinois Vehicle Code;
14         2. The person is under the influence of alcohol;
15         3. The person is under the influence of any other drug
16     or combination of drugs to a degree that renders that
17     person incapable of safely operating a snowmobile;
18         3.1. The person is under the influence of any
19     intoxicating compound or combination of intoxicating
20     compounds to a degree that renders the person incapable of
21     safely operating a snowmobile;
22         4. The person is under the combined influence of
23     alcohol and any other drug or drugs or intoxicating
24     compound or compounds to a degree that renders that person
25     incapable of safely operating a snowmobile; or

 

 

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1         5. There is any amount of a drug, substance, or
2     compound in that person's breath, blood, or urine resulting
3     from the unlawful use or consumption of cannabis listed in
4     the Cannabis Control Act, controlled substance listed in
5     the Illinois Controlled Substances Act, or intoxicating
6     compound listed in the use of Intoxicating Compounds Act.
7     (b) The fact that a person charged with violating this
8 Section is or has been legally entitled to use alcohol, other
9 drug or drugs, any intoxicating compound or compounds, or any
10 combination of them does not constitute a defense against a
11 charge of violating this Section.
12     (c) Every person convicted of violating this Section or a
13 similar provision of a local ordinance is guilty of a Class A
14 misdemeanor, except as otherwise provided in this Section.
15     (b-1) (c-1) As used in this Section, "first time offender"
16 means any person who has not had a previous conviction or been
17 assigned supervision for violating this Section or a similar
18 provision of a local ordinance, or any person who has not had a
19 suspension imposed under subsection (e) of Section 5-7.1.
20     (b-2) (c-2) For purposes of this Section, the following are
21 equivalent to a conviction:
22         (1) a forfeiture of bail or collateral deposited to
23     secure a defendant's appearance in court when forfeiture
24     has not been vacated; or
25         (2) the failure of a defendant to appear for trial.
26     (c) Penalties.

 

 

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1         (1) Except as otherwise provided in this Section, any
2     person convicted of violating subsection (a) of this
3     Section is guilty of a Class A misdemeanor.
4         (2) A person who violates subsection (a) or a similar
5     provision a second time shall be sentenced to a mandatory
6     minimum term of either 5 days of imprisonment or 240 hours
7     of community service in addition to any other criminal or
8     administrative sanction.
9         (3) A person who violates subsection (a) is subject to
10     6 months of imprisonment, an additional mandatory minimum
11     fine of $1,000, and 25 days of community service in a
12     program benefiting children if the person was transporting
13     a person under the age of 16 at the time of the violation.
14         (4) A person who violates subsection (a) a first time,
15     if the alcohol concentration in his or her blood, breath,
16     or urine was 0.16 or more based on the definition of blood,
17     breath, or urine units in Section 11-501.2 of the Illinois
18     Vehicle Code, shall be subject, in addition to any other
19     penalty that may be imposed, to a mandatory minimum of 100
20     hours of community service and a mandatory minimum fine of
21     $500.
22         (5) A person who violates subsection (a) a second time,
23     if at the time of the second violation the alcohol
24     concentration in his or her blood, breath, or urine was
25     0.16 or more based on the definition of blood, breath, or
26     urine units in Section 11-501.2 of the Illinois Vehicle

 

 

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1     Code, shall be subject, in addition to any other penalty
2     that may be imposed, to a mandatory minimum of 2 days of
3     imprisonment and a mandatory minimum fine of $1,250.
4     (d) Aggravated operation of a snowmobile under the
5 influence of alcohol, other drug or drugs, or intoxicating
6 compound or compounds, or any combination thereof.
7         (1) Every person convicted of committing a violation of
8     this Section shall be guilty of aggravated operation of a
9     snowmobile under the influence of alcohol, other drug or
10     drugs, or intoxicating compound or compounds, or any
11     combination thereof if:
12             (A) the person committed a violation of subsection
13         (a) or a similar provision for the third or subsequent
14         time;
15             (B) (blank);
16             (C) the person in committing a violation of
17         subsection (a) was involved in an accident that
18         resulted in great bodily harm or permanent disability
19         or disfigurement to another, when the violation was a
20         proximate cause of the injuries;
21             (D) the person committed a violation of subsection
22         (a) for a second time and has been previously convicted
23         of violating Section 9-3 of the Criminal Code of 1961
24         or a similar provision of a law of another state
25         relating to reckless homicide in which the person was
26         determined to have been under the influence of alcohol,

 

 

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1         other drug or drugs, or intoxicating compound or
2         compounds as an element of the offense or the person
3         has previously been convicted under subparagraph (C)
4         or subparagraph (F) of this paragraph (1);
5             (E) (blank);
6             (F) the person, in committing a violation of
7         subsection (a), was involved in an accident that
8         resulted in the death of another person, when the
9         violation of subsection (a) was a proximate cause of
10         the death;
11             (G) the person committed a violation of subsection
12         (a) during a period in which the defendant's privileges
13         to operate a motor vehicle, snowmobile, or watercraft
14         are revoked or suspended, where the revocation or
15         suspension was for a violation of subsection (a),
16         Section 5-16 of the Boat Registration and Safety Act,
17         Section 11-501 or 11-501.1 of the Illinois Vehicle
18         Code, paragraph (b) of Section 11-401 of the Illinois
19         Vehicle Code, or for reckless homicide as defined in
20         Section 9-3 of the Criminal Code of 1961;
21             (H) the person committed the violation while he or
22         she did not possess a driver's license or permit or a
23         restricted driving permit or a judicial driving permit
24         or a monitoring device driving permit;
25             (I) (blank);
26             (J) the person in committing a violation of

 

 

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1         subsection (a) was involved in an accident that
2         resulted in bodily harm, but not great bodily harm, to
3         the child under the age of 16 being transported by the
4         person, if the violation was the proximate cause of the
5         injury; or
6             (K) the person in committing a second violation of
7         subsection (a) or a similar provision was transporting
8         a person under the age of 16.
9         (2)(A) Except as provided otherwise, a person
10     convicted of aggravated operation of a snowmobile under the
11     influence of alcohol, other drug or drugs, or intoxicating
12     compound or compounds, or any combination thereof is guilty
13     of a Class 4 felony.
14         (B) A third violation of this Section or a similar
15     provision is a Class 2 felony. If at the time of the third
16     violation the alcohol concentration in his or her blood,
17     breath, or urine was 0.16 or more based on the definition
18     of blood, breath, or urine units in Section 11-501.2 of the
19     Illinois Vehicle Code, a mandatory minimum of 90 days of
20     imprisonment and a mandatory minimum fine of $2,500 shall
21     be imposed in addition to any other criminal or
22     administrative sanction. If at the time of the third
23     violation, the defendant was transporting a person under
24     the age of 16, a mandatory fine of $25,000 and 25 days of
25     community service in a program benefiting children shall be
26     imposed in addition to any other criminal or administrative

 

 

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1     sanction.
2         (C) A fourth violation of this Section or a similar
3     provision is a Class 2 felony, for which a sentence of
4     probation or conditional discharge may not be imposed. If
5     at the time of the violation, the alcohol concentration in
6     the defendant's blood, breath, or urine was 0.16 or more
7     based on the definition of blood, breath, or urine units in
8     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
9     minimum fine of $5,000 shall be imposed in addition to any
10     other criminal or administrative sanction. If at the time
11     of the fourth violation, the defendant was transporting a
12     person under the age of 16 a mandatory fine of $25,000 and
13     25 days of community service in a program benefiting
14     children shall be imposed in addition to any other criminal
15     or administrative sanction.
16         (D) A fifth violation of this Section or a similar
17     provision is a Class 1 felony, for which a sentence of
18     probation or conditional discharge may not be imposed. If
19     at the time of the violation, the alcohol concentration in
20     the defendant's blood, breath, or urine was 0.16 or more
21     based on the definition of blood, breath, or urine units in
22     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
23     minimum fine of $5,000 shall be imposed in addition to any
24     other criminal or administrative sanction. If at the time
25     of the fifth violation, the defendant was transporting a
26     person under the age of 16, a mandatory fine of $25,000,

 

 

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1     and 25 days of community service in a program benefiting
2     children shall be imposed in addition to any other criminal
3     or administrative sanction.
4         (E) A sixth or subsequent violation of this Section or
5     similar provision is a Class X felony. If at the time of
6     the violation, the alcohol concentration in the
7     defendant's blood, breath, or urine was 0.16 or more based
8     on the definition of blood, breath, or urine units in
9     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
10     minimum fine of $5,000 shall be imposed in addition to any
11     other criminal or administrative sanction. If at the time
12     of the violation, the defendant was transporting a person
13     under the age of 16, a mandatory fine of $25,000 and 25
14     days of community service in a program benefiting children
15     shall be imposed in addition to any other criminal or
16     administrative sanction.
17         (F) For a violation of subparagraph (C) of paragraph
18     (1) of this subsection (d), the defendant, if sentenced to
19     a term of imprisonment, shall be sentenced to not less than
20     one year nor more than 12 years.
21         (G) A violation of subparagraph (F) of paragraph (1) of
22     this subsection (d) is a Class 2 felony, for which the
23     defendant, unless the court determines that extraordinary
24     circumstances exist and require probation, shall be
25     sentenced to: (i) a term of imprisonment of not less than 3
26     years and not more than 14 years if the violation resulted

 

 

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1     in the death of one person; or (ii) a term of imprisonment
2     of not less than 6 years and not more than 28 years if the
3     violation resulted in the deaths of 2 or more persons.
4         (H) For a violation of subparagraph (J) of paragraph
5     (1) of this subsection (d), a mandatory fine of $2,500, and
6     25 days of community service in a program benefiting
7     children shall be imposed in addition to any other criminal
8     or administrative sanction.
9         (I) A violation of subparagraph (K) of paragraph (1) of
10     this subsection (d), is a Class 2 felony and a mandatory
11     fine of $2,500, and 25 days of community service in a
12     program benefiting children shall be imposed in addition to
13     any other criminal or administrative sanction. If the child
14     being transported suffered bodily harm, but not great
15     bodily harm, in a motor vehicle accident, and the violation
16     was the proximate cause of that injury, a mandatory fine of
17     $5,000 and 25 days of community service in a program
18     benefiting children shall be imposed in addition to any
19     other criminal or administrative sanction.
20         (3) Any person sentenced under this subsection (d) who
21     receives a term of probation or conditional discharge must
22     serve a minimum term of either 480 hours of community
23     service or 10 days of imprisonment as a condition of the
24     probation or conditional discharge in addition to any other
25     criminal or administrative sanction.
26     (e) Any reference to a prior violation of subsection (a) or

 

 

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1 a similar provision includes any violation of a provision of a
2 local ordinance or a provision of a law of another state or an
3 offense committed on a military installation that is similar to
4 a violation of subsection (a) of this Section.
5     (f) The imposition of a mandatory term of imprisonment or
6 assignment of community service for a violation of this Section
7 shall not be suspended or reduced by the court.
8     (g) Any penalty imposed for operation of a snowmobile when
9 snowmobile operation privileges have been revoked for a
10 previous violation of subsection (a) of this Section shall be
11 in addition to the penalty imposed for any subsequent violation
12 of subsection (a).
13     (h) For any prosecution under this Section, a certified
14 copy of the snowmobile operating record or abstract of the
15 defendant shall be admitted as proof of any prior conviction.
16     (d) Every person convicted of violating this Section is
17 guilty of a Class 4 felony if:
18         1. The person has a previous conviction under this
19     Section;
20         2. The offense results in personal injury where a
21     person other than the operator suffers great bodily harm or
22     permanent disability or disfigurement, when the violation
23     was a proximate cause of the injuries. A person guilty of a
24     Class 4 felony under this paragraph 2, if sentenced to a
25     term of imprisonment, shall be sentenced to not less than
26     one year nor more than 12 years; or

 

 

HB1346 - 26 - LRB096 06066 AJT 16148 b

1         3. The offense occurred during a period in which the
2     person's privileges to operate a snowmobile are revoked or
3     suspended, and the revocation or suspension was for a
4     violation of this Section or was imposed under Section
5     5-7.1.
6     (e) Every person convicted of violating this Section is
7 guilty of a Class 2 felony if the offense results in the death
8 of a person. A person guilty of a Class 2 felony under this
9 subsection (e), if sentenced to a term of imprisonment, shall
10 be sentenced to a term of not less than 3 years and not more
11 than 14 years.
12     (e-1) Every person convicted of violating this Section or a
13 similar provision of a local ordinance who had a child under
14 the age of 16 on board the snowmobile at the time of offense
15 shall be subject to a mandatory minimum fine of $500 and shall
16 be subject to a mandatory minimum of 5 days of community
17 service in a program benefiting children. The assignment under
18 this subsection shall not be subject to suspension nor shall
19 the person be eligible for probation in order to reduce the
20 assignment.
21     (i) (e-2) Every person found guilty of violating this
22 Section, whose operation of a snowmobile while in violation of
23 this Section proximately caused any incident resulting in an
24 appropriate emergency response, shall be liable for the expense
25 of an emergency response as provided in subsection (i) (m) of
26 Section 11-501.01 11-501 of the Illinois Vehicle Code.

 

 

HB1346 - 27 - LRB096 06066 AJT 16148 b

1     (j) (e-3) In addition to any other penalties and
2 liabilities, a person who is found guilty of violating this
3 Section, including any person placed on court supervision,
4 shall be fined $100, payable to the circuit clerk, who shall
5 distribute the money to the law enforcement agency that made
6 the arrest. In the event that more than one agency is
7 responsible for the arrest, the $100 shall be shared equally.
8 Any moneys received by a law enforcement agency under this
9 subsection (e-3) shall be used to purchase law enforcement
10 equipment or to provide law enforcement training that will
11 assist in the prevention of alcohol related criminal violence
12 throughout the State. Law enforcement equipment shall include,
13 but is not limited to, in-car video cameras, radar and laser
14 speed detection devices, and alcohol breath testers.
15     (k) (f) In addition to any criminal penalties imposed, the
16 Department of Natural Resources shall suspend the snowmobile
17 operation privileges of a person convicted or found guilty of a
18 misdemeanor under this Section for a period of one year, except
19 that first-time offenders are exempt from this mandatory one
20 year suspension.
21     (l) (g) In addition to any criminal penalties imposed, the
22 Department of Natural Resources shall suspend for a period of 5
23 years the snowmobile operation privileges of any person
24 convicted or found guilty of a felony under this Section.
25 (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
 

 

 

HB1346 - 28 - LRB096 06066 AJT 16148 b

1     (625 ILCS 40/5-7.01 new)
2     Sec. 5-7.01. Additional administrative sanctions.
3     (a) After a finding of guilt and prior to any final
4 sentencing or an order for supervision, for an offense based
5 upon an arrest for a violation of Section 5-7 or a similar
6 provision of a local ordinance, individuals shall be required
7 to undergo a professional evaluation to determine if an
8 alcohol, drug, or intoxicating compound abuse problem exists
9 and the extent of the problem, and undergo the imposition of
10 treatment as appropriate. Programs conducting these
11 evaluations shall be licensed by the Department of Human
12 Services. The cost of any professional evaluation shall be paid
13 for by the individual required to undergo the professional
14 evaluation.
15     (b) Any person who is found guilty of or pleads guilty to
16 violating Section 5-7, including any person receiving a
17 disposition of court supervision for violating that Section,
18 may be required by the Court to attend a victim impact panel
19 offered by, or under contract with, a county State's Attorney's
20 office, a probation and court services department, Mothers
21 Against Drunk Driving, or the Alliance Against Intoxicated
22 Motorists. All costs generated by the victim impact panel shall
23 be paid from fees collected from the offender or as may be
24 determined by the court.
 
25     (625 ILCS 40/5-7.1)

 

 

HB1346 - 29 - LRB096 06066 AJT 16148 b

1     Sec. 5-7.1. Implied consent.
2     (a) A person who operates or is in actual physical control
3 of a snowmobile in this State is deemed to have given consent
4 to a chemical test or tests of blood, breath, or urine for the
5 purpose of determining the content of alcohol, other drug or
6 drugs, intoxicating compound or compounds, or a combination of
7 them in that person's blood if arrested for a violation of
8 Section 5-7. The chemical test or tests shall be administered
9 at the direction of the arresting officer. The law enforcement
10 agency employing the officer shall designate which tests shall
11 be administered. A urine test may be administered even after a
12 blood or breath test or both has been administered.
13     (a-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 5-7 may travel into
16 an adjoining state, where the person has been transported for
17 medical care to complete an investigation and to request that
18 the person submit to the test or tests set forth in this
19 Section. The requirements of this Section that the person be
20 arrested are inapplicable, but the officer shall issue the
21 person a uniform citation for an offense as defined in Section
22 5-7 or a similar provision of a local ordinance prior to
23 requesting that the person submit to the test or tests. The
24 issuance of the uniform citation shall not constitute an
25 arrest, but shall be for the purpose of notifying the person
26 that he or she is subject to the provisions of this Section and

 

 

HB1346 - 30 - LRB096 06066 AJT 16148 b

1 of the officer's belief of the existence of probable cause to
2 arrest. Upon returning to this State, the officer shall file
3 the uniform citation with the circuit clerk of the county where
4 the offense was committed and shall seek the issuance of an
5 arrest warrant or a summons for the person.
6     (a-2) Notwithstanding any ability to refuse under this Act
7 to submit to these tests or any ability to revoke the implied
8 consent to these tests, if a law enforcement officer has
9 probable cause to believe that a snowmobile operated by or
10 under actual physical control of a person under the influence
11 of alcohol, other drug or drugs, intoxicating compound or
12 compounds, or any combination of them has caused the death or
13 personal injury to another, that person shall submit, upon the
14 request of a law enforcement officer, to a chemical test or
15 tests of his or her blood, breath, or urine for the purpose of
16 determining the alcohol content or the presence of any other
17 drug or combination of both. For the purposes of this Section,
18 a personal injury includes severe bleeding wounds, distorted
19 extremities, and injuries that require the injured party to be
20 carried from the scene for immediate professional attention in
21 either a doctor's office or a medical facility.
22     (b) A person who is dead, unconscious, or who is otherwise
23 in a condition rendering that person incapable of refusal, is
24 deemed not to have withdrawn the consent provided in subsection
25 (a), and the test or tests may be administered.
26     (c) A person requested to submit to a test as provided in

 

 

HB1346 - 31 - LRB096 06066 AJT 16148 b

1 this Section shall be verbally advised by the law enforcement
2 officer requesting the test that a refusal to submit to the
3 test will result in suspension of that person's privilege to
4 operate a snowmobile or watercraft for a minimum of 2 years,
5 and the statutory summary suspension of the person's privilege
6 to operate a motor vehicle, as provided in Section 6-208.1 of
7 the Illinois Vehicle Code, and will also result in the
8 disqualification of the person's privilege to operate a
9 commercial motor vehicle, as provided in Section 6-514 of the
10 Illinois Vehicle Code, if the person is a CDL holder. The
11 person shall also be warned by the law enforcement officer that
12 if the person submits to the test or tests provided in
13 paragraph (a) of this Section and the alcohol concentration in
14 the person's blood or breath is 0.08 or greater, or any amount
15 of a drug, substance, or compound resulting from the unlawful
16 use or consumption of cannabis as covered by the Cannabis
17 Control Act, a controlled substance listed in the Illinois
18 Controlled Substances Act, an intoxicating compound listed in
19 the Use of Intoxicating Compounds Act, or methamphetamine as
20 listed in the Methamphetamine Control and Community Protection
21 Act is detected in the person's blood or urine, a statutory
22 summary suspension of the person's privilege to operate a motor
23 vehicle, as provided in Sections 6-208.1 and 11-501.1 of the
24 Illinois Vehicle Code, and a disqualification of the person's
25 privilege to operate a commercial motor vehicle, as provided in
26 Section 6-514 of the Illinois Vehicle Code, if the person is a

 

 

HB1346 - 32 - LRB096 06066 AJT 16148 b

1 CDL holder, will be imposed.
2     A person who is under the age of 21 at the time the person
3 is requested to submit to a test as provided above shall, in
4 addition to the warnings provided for in this Section, be
5 further warned by the law enforcement officer requesting the
6 test that if the person submits to the test or tests provided
7 in paragraph (a) of this Section and the alcohol concentration
8 in the person's blood or breath is greater than 0.00 and less
9 than 0.08, a suspension of the person's privilege to operate a
10 motor vehicle, as provided under Sections 6-208.2 and 11-501.8
11 of the Illinois Vehicle Code, will be imposed. The results of
12 this test shall be admissible in a civil or criminal action or
13 proceeding arising from an arrest for an offense as defined in
14 Section 5-7 of this Act or a similar provision of a local
15 ordinance or pursuant to Section 11-501.4 of the Illinois
16 Vehicle Code in prosecutions for reckless homicide brought
17 under the Criminal Code of 1961. These test results, however,
18 shall be admissible only in actions or proceedings directly
19 related to the incident upon which the test request was made..
20     (d) Following this warning, if a person under arrest
21 refuses upon the request of a law enforcement officer to submit
22 to a test designated by the officer, no tests may be given, but
23 the law enforcement officer shall file with the clerk of the
24 circuit court for the county in which the arrest was made, and
25 with the Department of Natural Resources, a sworn statement
26 naming the person refusing to take and complete the chemical

 

 

HB1346 - 33 - LRB096 06066 AJT 16148 b

1 test or tests requested under the provisions of this Section.
2 The sworn statement shall identify the arrested person, the
3 person's current residence address and shall specify that a
4 refusal by that person to take the chemical test or tests was
5 made. The sworn statement shall include a statement that the
6 officer had reasonable cause to believe the person was
7 operating or was in actual physical control of the snowmobile
8 within this State while under the influence of alcohol, other
9 drug or drugs, an intoxicating compound or compound, or a
10 combination of them and that a chemical test or tests were
11 requested as an incident to and following the lawful arrest for
12 an offense as defined in Section 5-7 or a similar provision of
13 a local ordinance, and that the person, after being arrested
14 for an offense arising out of acts alleged to have been
15 committed while operating a snowmobile, refused to submit to
16 and complete a chemical test or tests as requested by the law
17 enforcement officer.
18     (e) The law enforcement officer submitting the sworn
19 statement shall serve immediate written notice upon the person
20 refusing the chemical test or tests that the person's privilege
21 to operate a snowmobile or watercraft within this State will be
22 suspended for a period of 2 years, a statutory summary
23 suspension of the person's privilege to operate a motor
24 vehicle, as provided in Sections 6-208.1 and 6-208.2 of the
25 Illinois Vehicle Code will be imposed, and a disqualification
26 of the person's privilege to operate a commercial motor

 

 

HB1346 - 34 - LRB096 06066 AJT 16148 b

1 vehicle, as provided in Section 6-514 of the Illinois Vehicle
2 Code, if the person is a CDL holder, will be imposed unless,
3 within 28 days from the date of the notice, the person requests
4 in writing a hearing on the suspension.
5     If the person desires a hearing, the person shall file a
6 complaint in the circuit court in the county where that person
7 was arrested within 28 days from the date of the notice. The
8 hearing shall proceed in the court in the same manner as other
9 civil proceedings. The hearing shall cover only the following
10 issues: (1) whether the person was placed under arrest for an
11 offense as defined in Section 5-7 or a similar provision of a
12 local ordinance as evidenced by the issuance of a uniform
13 citation; (2) whether the arresting officer had reasonable
14 grounds to believe that the person was operating a snowmobile
15 while under the influence of alcohol, other drug or drugs, an
16 intoxicating compound or compounds, or a combination of them;
17 and (3) whether that person refused to submit to and complete
18 the chemical test or tests upon the request of the law
19 enforcement officer. Whether the person was informed that the
20 person's privilege to operate a snowmobile would be suspended
21 if that person refused to submit to the chemical test or tests
22 may not be an issue in the hearing.
23     If the person fails to request a hearing in writing within
24 28 days of the date of the notice, or if a hearing is held and
25 the court finds against the person on the issues before the
26 court, the clerk shall immediately notify the Department of

 

 

HB1346 - 35 - LRB096 06066 AJT 16148 b

1 Natural Resources, and the Department shall suspend the
2 snowmobile operation privileges of that person for at least 2
3 years.
4     If the person fails to request in writing a hearing within
5 28 days from the date of notice, or if a hearing is held and the
6 court finds against the person on the issues before the court,
7 the clerk shall immediately notify the Secretary of State, and
8 the Secretary of State shall impose a statutory summary
9 suspension of the person's privilege to operate a motor
10 vehicle, as provided in Sections 6-208.1 and 6-208.2 of the
11 Illinois Vehicle Code, and a disqualification of the person's
12 privilege to operate a commercial motor vehicle, as provided in
13 Section 6-514 of the Illinois Vehicle Code, if the person is a
14 CDL holder.
15     (f) (Blank).
16     (f-1) If the person submits to a test that discloses an
17 alcohol concentration of 0.08 or more, or any amount of a drug,
18 substance, or intoxicating compound in the person's breath,
19 blood, or urine resulting from the unlawful use of cannabis
20 listed in the Cannabis Control Act, a controlled substance
21 listed in the Illinois Controlled Substances Act, or an
22 intoxicating compound listed in the Use of Intoxicating
23 Compounds Act, the law enforcement officer shall immediately
24 submit a sworn report to the circuit clerk of venue and the
25 Department of Natural Resources, certifying that the test or
26 tests was or were requested under subsection (a-1) of this

 

 

HB1346 - 36 - LRB096 06066 AJT 16148 b

1 Section and the person submitted to testing that disclosed an
2 alcohol concentration of 0.08 or more.
3     In cases where the blood alcohol concentration of 0.08 or
4 greater or any amount of drug, substance, or compound resulting
5 from the unlawful use of cannabis, a controlled substance, or
6 an intoxicating compound is established by a subsequent
7 analysis of blood or urine collected at the time of arrest, the
8 arresting officer or arresting agency shall immediately submit
9 a sworn report to the circuit clerk of venue and the Department
10 of Natural Resources upon receipt of the test results.
11     (g) A person must submit to each chemical test offered by
12 the law enforcement officer in order to comply with implied
13 consent provisions of this Section.
14     (h) The provision of Section 11-501.2 of the Illinois
15 Vehicle Code concerning the certification and use of chemical
16 tests applies to the use of those tests under this Section.
17 (Source: P.A. 93-156, eff. 1-1-04.)
 
18     Section 15. The Boat Registration and Safety Act is amended
19 by changing Section 5-16 and adding Section 5-16c as follows:
 
20     (625 ILCS 45/5-16)
21     Sec. 5-16. Operating a watercraft under the influence of
22 alcohol, other drug or drugs, intoxicating compound or
23 compounds, or combination thereof.
24     (a) (A) 1. A person shall not operate or be in actual

 

 

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1 physical control of any watercraft within this State while:
2         (1) (a) The alcohol concentration in such person's
3     blood or breath is a concentration at which driving a motor
4     vehicle is prohibited under subdivision (1) of subsection
5     (a) of Section 11-501 of the Illinois Vehicle Code;
6         (2) (b) Under the influence of alcohol;
7         (3) (c) Under the influence of any other drug or
8     combination of drugs to a degree which renders such person
9     incapable of safely operating any watercraft;
10         (4) (c-1) Under the influence of any intoxicating
11     compound or combination of intoxicating compounds to a
12     degree that renders the person incapable of safely
13     operating any watercraft;
14         (5) (d) Under the combined influence of alcohol and any
15     other drug or drugs to a degree which renders such person
16     incapable of safely operating a watercraft; or
17         (6) (e) There is any amount of a drug, substance, or
18     compound in the person's blood or urine resulting from the
19     unlawful use or consumption of cannabis listed in the
20     Cannabis Control Act, a controlled substance listed in the
21     Illinois Controlled Substances Act, or an intoxicating
22     compound listed in the Use of Intoxicating Compounds Act.
23     2. The fact that any person charged with violating this
24 Section is or has been legally entitled to use alcohol, other
25 drug or drugs, any intoxicating compound or compounds, or any
26 combination of them, shall not constitute a defense against any

 

 

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1 charge of violating this Section.
2     (b) (Blank).
3     (c) Penalties.
4         (1) Except as otherwise provided in this Section, any
5     person convicted of violating subsection (a) of this
6     Section is guilty of a Class A misdemeanor.
7         (2) A person who violates subsection (a) or a similar
8     provision a second time shall be sentenced to a mandatory
9     minimum term of either 5 days of imprisonment or 240 hours
10     of community service in addition to any other criminal or
11     administrative sanction.
12         (3) A person who violates subsection (a) is subject to
13     6 months of imprisonment, an additional mandatory minimum
14     fine of $1,000, and 25 days of community service in a
15     program benefiting children if the person was transporting
16     a person under the age of 16 at the time of the violation.
17         (4) A person who violates subsection (a) a first time,
18     if the alcohol concentration in his or her blood, breath,
19     or urine was 0.16 or more based on the definition of blood,
20     breath, or urine units in Section 11-501.2 of the Illinois
21     Vehicle Code, shall be subject, in addition to any other
22     penalty that may be imposed, to a mandatory minimum of 100
23     hours of community service and a mandatory minimum fine of
24     $500.
25         (5) A person who violates subsection (a) a second time,
26     if at the time of the second violation the alcohol

 

 

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1     concentration in his or her blood, breath, or urine was
2     0.16 or more based on the definition of blood, breath, or
3     urine units in Section 11-501.2 of the Illinois Vehicle
4     Code, shall be subject, in addition to any other penalty
5     that may be imposed, to a mandatory minimum of 2 days of
6     imprisonment and a mandatory minimum fine of $1,250.
7     (d) Aggravated operation of a watercraft under the
8 influence of alcohol, other drug or drugs, or intoxicating
9 compound or compounds, or any combination thereof.
10         (1) Every person convicted of committing a violation of
11     this Section shall be guilty of aggravated operation of a
12     watercraft under the influence of alcohol, other drug or
13     drugs, or intoxicating compound or compounds, or any
14     combination thereof if:
15             (A) the person committed a violation of subsection
16         (a) or a similar provision for the third or subsequent
17         time;
18             (B) (blank);
19             (C) the person in committing a violation of
20         subsection (a) was involved in an accident that
21         resulted in great bodily harm or permanent disability
22         or disfigurement to another, when the violation was a
23         proximate cause of the injuries;
24             (D) the person committed a violation of subsection
25         (a) for a second time and has been previously convicted
26         of violating Section 9-3 of the Criminal Code of 1961

 

 

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1         or a similar provision of a law of another state
2         relating to reckless homicide in which the person was
3         determined to have been under the influence of alcohol,
4         other drug or drugs, or intoxicating compound or
5         compounds as an element of the offense or the person
6         has previously been convicted under subparagraph (C)
7         or subparagraph (F) of this paragraph (1);
8             (E) (blank);
9             (F) the person, in committing a violation of
10         subsection (a), was involved in an accident that
11         resulted in the death of another person, when the
12         violation of subsection (a) was a proximate cause of
13         the death;
14             (G) the person committed a violation of subsection
15         (a) during a period in which the defendant's privileges
16         to operate a motor vehicle, snowmobile, or watercraft
17         are revoked or suspended, where the revocation or
18         suspension was for a violation of subsection (a),
19         Section 5-7 of the Snowmobile Registration and Safety
20         Act, Section 11-501 or 11-501.1 of the Illinois Vehicle
21         Code, paragraph (b) of Section 11-401 of the Illinois
22         Vehicle Code, or for reckless homicide as defined in
23         Section 9-3 of the Criminal Code of 1961;
24             (H) the person committed the violation while he or
25         she did not possess a driver's license or permit or a
26         restricted driving permit or a judicial driving permit

 

 

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1         or a monitoring device driving permit;
2             (I) (blank);
3             (J) the person in committing a violation of
4         subsection (a) was involved in an accident that
5         resulted in bodily harm, but not great bodily harm, to
6         the child under the age of 16 being transported by the
7         person, if the violation was the proximate cause of the
8         injury; or
9             (K) the person in committing a second violation of
10         subsection (a) or a similar provision was transporting
11         a person under the age of 16.
12         (2)(A) Except as provided otherwise, a person
13     convicted of aggravated operation of a watercraft under the
14     influence of alcohol, other drug or drugs, or intoxicating
15     compound or compounds, or any combination thereof is guilty
16     of a Class 4 felony.
17         (B) A third violation of this Section or a similar
18     provision is a Class 2 felony. If at the time of the third
19     violation the alcohol concentration in his or her blood,
20     breath, or urine was 0.16 or more based on the definition
21     of blood, breath, or urine units in Section 11-501.2 of the
22     Illinois Vehicle Code, a mandatory minimum of 90 days of
23     imprisonment and a mandatory minimum fine of $2,500 shall
24     be imposed in addition to any other criminal or
25     administrative sanction. If at the time of the third
26     violation, the defendant was transporting a person under

 

 

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1     the age of 16, a mandatory fine of $25,000 and 25 days of
2     community service in a program benefiting children shall be
3     imposed in addition to any other criminal or administrative
4     sanction.
5         (C) A fourth violation of this Section or a similar
6     provision is a Class 2 felony, for which a sentence of
7     probation or conditional discharge may not be imposed. If
8     at the time of the violation, the alcohol concentration in
9     the defendant's blood, breath, or urine was 0.16 or more
10     based on the definition of blood, breath, or urine units in
11     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
12     minimum fine of $5,000 shall be imposed in addition to any
13     other criminal or administrative sanction. If at the time
14     of the fourth violation, the defendant was transporting a
15     person under the age of 16 a mandatory fine of $25,000 and
16     25 days of community service in a program benefiting
17     children shall be imposed in addition to any other criminal
18     or administrative sanction.
19         (D) A fifth violation of this Section or a similar
20     provision is a Class 1 felony, for which a sentence of
21     probation or conditional discharge may not be imposed. If
22     at the time of the violation, the alcohol concentration in
23     the defendant's blood, breath, or urine was 0.16 or more
24     based on the definition of blood, breath, or urine units in
25     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
26     minimum fine of $5,000 shall be imposed in addition to any

 

 

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1     other criminal or administrative sanction. If at the time
2     of the fifth violation, the defendant was transporting a
3     person under the age of 16, a mandatory fine of $25,000,
4     and 25 days of community service in a program benefiting
5     children shall be imposed in addition to any other criminal
6     or administrative sanction.
7         (E) A sixth or subsequent violation of this Section or
8     similar provision is a Class X felony. If at the time of
9     the violation, the alcohol concentration in the
10     defendant's blood, breath, or urine was 0.16 or more based
11     on the definition of blood, breath, or urine units in
12     Section 11-501.2 of the Illinois Vehicle Code, a mandatory
13     minimum fine of $5,000 shall be imposed in addition to any
14     other criminal or administrative sanction. If at the time
15     of the violation, the defendant was transporting a person
16     under the age of 16, a mandatory fine of $25,000 and 25
17     days of community service in a program benefiting children
18     shall be imposed in addition to any other criminal or
19     administrative sanction.
20         (F) For a violation of subparagraph (C) of paragraph
21     (1) of this subsection (d), the defendant, if sentenced to
22     a term of imprisonment, shall be sentenced to not less than
23     one year nor more than 12 years.
24         (G) A violation of subparagraph (F) of paragraph (1) of
25     this subsection (d) is a Class 2 felony, for which the
26     defendant, unless the court determines that extraordinary

 

 

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1     circumstances exist and require probation, shall be
2     sentenced to: (i) a term of imprisonment of not less than 3
3     years and not more than 14 years if the violation resulted
4     in the death of one person; or (ii) a term of imprisonment
5     of not less than 6 years and not more than 28 years if the
6     violation resulted in the deaths of 2 or more persons.
7         (H) For a violation of subparagraph (J) of paragraph
8     (1) of this subsection (d), a mandatory fine of $2,500, and
9     25 days of community service in a program benefiting
10     children shall be imposed in addition to any other criminal
11     or administrative sanction.
12         (I) A violation of subparagraph (K) of paragraph (1) of
13     this subsection (d), is a Class 2 felony and a mandatory
14     fine of $2,500, and 25 days of community service in a
15     program benefiting children shall be imposed in addition to
16     any other criminal or administrative sanction. If the child
17     being transported suffered bodily harm, but not great
18     bodily harm, in a motor vehicle accident, and the violation
19     was the proximate cause of that injury, a mandatory fine of
20     $5,000 and 25 days of community service in a program
21     benefiting children shall be imposed in addition to any
22     other criminal or administrative sanction.
23         (3) Any person sentenced under this subsection (d) who
24     receives a term of probation or conditional discharge must
25     serve a minimum term of either 480 hours of community
26     service or 10 days of imprisonment as a condition of the

 

 

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1     probation or conditional discharge in addition to any other
2     criminal or administrative sanction.
3     (e) Any reference to a prior violation of subsection (a) or
4 a similar provision includes any violation of a provision of a
5 local ordinance or a provision of a law of another state or an
6 offense committed on a military installation that is similar to
7 a violation of subsection (a) of this Section.
8     (f) The imposition of a mandatory term of imprisonment or
9 assignment of community service for a violation of this Section
10 shall not be suspended or reduced by the court.
11     (g) Any penalty imposed for operation of a watercraft when
12 watercraft operation privileges have been revoked for a
13 previous violation of subsection (a) of this Section shall be
14 in addition to the penalty imposed for any subsequent violation
15 of subsection (a).
16     (h) For any prosecution under this Section, a certified
17 copy of the watercraft operating record or abstract of the
18 defendant shall be admitted as proof of any prior conviction.
19         3. Every person convicted of violating this Section
20     shall be guilty of a Class A misdemeanor, except as
21     otherwise provided in this Section.
22         4. Every person convicted of violating this Section
23     shall be guilty of a Class 4 felony if:
24             (a) He has a previous conviction under this
25         Section;
26             (b) The offense results in personal injury where a

 

 

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1         person other than the operator suffers great bodily
2         harm or permanent disability or disfigurement, when
3         the violation was a proximate cause of the injuries. A
4         person guilty of a Class 4 felony under this
5         subparagraph (b), if sentenced to a term of
6         imprisonment, shall be sentenced to a term of not less
7         than one year nor more than 12 years; or
8             (c) The offense occurred during a period in which
9         his or her privileges to operate a watercraft are
10         revoked or suspended, and the revocation or suspension
11         was for a violation of this Section or was imposed
12         under subsection (B).
13         5. Every person convicted of violating this Section
14     shall be guilty of a Class 2 felony if the offense results
15     in the death of a person. A person guilty of a Class 2
16     felony under this paragraph 5, if sentenced to a term of
17     imprisonment, shall be sentenced to a term of not less than
18     3 years and not more than 14 years.
19         5.1. A person convicted of violating this Section or a
20     similar provision of a local ordinance who had a child
21     under the age of 16 aboard the watercraft at the time of
22     offense is subject to a mandatory minimum fine of $500 and
23     to a mandatory minimum of 5 days of community service in a
24     program benefiting children. The assignment under this
25     paragraph 5.1 is not subject to suspension and the person
26     is not eligible for probation in order to reduce the

 

 

HB1346 - 47 - LRB096 06066 AJT 16148 b

1     assignment.
2         (i) 5.2. A person found guilty of violating this
3     Section, if his or her operation of a watercraft while in
4     violation of this Section proximately caused any incident
5     resulting in an appropriate emergency response, is liable
6     for the expense of an emergency response as provided in
7     subsection (i) (m) of Section 11-501.01 11-501 of the
8     Illinois Vehicle Code.
9     (j) 5.3. In addition to any other penalties and
10 liabilities, a person who is found guilty of violating this
11 Section, including any person placed on court supervision,
12 shall be fined $100, payable to the circuit clerk, who shall
13 distribute the money to the law enforcement agency that made
14 the arrest. In the event that more than one agency is
15 responsible for the arrest, the $100 shall be shared equally.
16 Any moneys received by a law enforcement agency under this
17 paragraph 5.3 shall be used to purchase law enforcement
18 equipment or to provide law enforcement training that will
19 assist in the prevention of alcohol related criminal violence
20 throughout the State. Law enforcement equipment shall include,
21 but is not limited to, in-car video cameras, radar and laser
22 speed detection devices, and alcohol breath testers.
23     (k) 6. (a) In addition to any criminal penalties imposed,
24 the Department of Natural Resources shall suspend the
25 watercraft operation privileges of any person convicted or
26 found guilty of a misdemeanor under this Section, a similar

 

 

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1 provision of a local ordinance, or Title 46 of the U.S. Code of
2 Federal Regulations for a period of one year, except that a
3 first time offender is exempt from this mandatory one year
4 suspension.
5     As used in this subdivision (A)6(a), "first time offender"
6 means any person who has not had a previous conviction or been
7 assigned supervision for violating this Section, a similar
8 provision of a local ordinance or, Title 46 of the U.S. Code of
9 Federal Regulations, or any person who has not had a suspension
10 imposed under subdivision (m) (B)3.1 of Section 5-16.
11     (l) (b) In addition to any criminal penalties imposed, the
12 Department of Natural Resources shall suspend the watercraft
13 operation privileges of any person convicted of a felony under
14 this Section, a similar provision of a local ordinance, or
15 Title 46 of the U.S. Code of Federal Regulations for a period
16 of 3 years.
17     (m) (B) 1. Any person who operates or is in actual physical
18     control of any watercraft upon the waters of this State
19     shall be deemed to have given consent to a chemical test or
20     tests of blood, breath or urine for the purpose of
21     determining the content of alcohol, other drug or drugs,
22     intoxicating compound or compounds, or combination thereof
23     in the person's blood if arrested for any offense of
24     subsection (a) (A) above. The chemical test or tests shall
25     be administered at the direction of the arresting officer.
26     The law enforcement agency employing the officer shall

 

 

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1     designate which of the tests shall be administered. A urine
2     test may be administered even after a blood or breath test
3     or both has been administered.
4         1.1. For the purposes of this Section, an Illinois Law
5     Enforcement officer of this State who is investigating the
6     person for any offense defined in Section 5-16 may travel
7     into an adjoining state, where the person has been
8     transported for medical care to complete an investigation,
9     and may request that the person submit to the test or tests
10     set forth in this Section. The requirements of this Section
11     that the person be arrested are inapplicable, but the
12     officer shall issue the person a uniform citation for an
13     offense as defined in Section 5-16 or a similar provision
14     of a local ordinance prior to requesting that the person
15     submit to the test or tests. The issuance of the uniform
16     citation shall not constitute an arrest, but shall be for
17     the purpose of notifying the person that he or she is
18     subject to the provisions of this Section and of the
19     officer's belief in the existence of probable cause to
20     arrest. Upon returning to this State, the officer shall
21     file the uniform citation with the circuit clerk of the
22     county where the offense was committed and shall seek the
23     issuance of an arrest warrant or a summons for the person.
24         1.2. Notwithstanding any ability to refuse under this
25     Act to submit to these tests or any ability to revoke the
26     implied consent to these tests, if a law enforcement

 

 

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1     officer has probable cause to believe that a watercraft
2     operated by or under actual physical control of a person
3     under the influence of alcohol, other drug or drugs,
4     intoxicating compound or compounds, or any combination of
5     them has caused the death of or personal injury to another,
6     that person shall submit, upon the request of a law
7     enforcement officer, to a chemical test or tests of his or
8     her blood, breath, or urine for the purpose of determining
9     the alcohol content or the presence of any other drug,
10     intoxicating compound, or combination of them. For the
11     purposes of this Section, a personal injury includes severe
12     bleeding wounds, distorted extremities, and injuries that
13     require the injured party to be carried from the scene for
14     immediate professional attention in either a doctor's
15     office or a medical facility.
16         2. Any person who is dead, unconscious or who is
17     otherwise in a condition rendering such person incapable of
18     refusal, shall be deemed not to have withdrawn the consent
19     provided above, and the test may be administered.
20         3. A person requested to submit to a chemical test as
21     provided above shall be verbally advised by the law
22     enforcement officer requesting the test that a refusal to
23     submit to the test will result in suspension of such
24     person's privilege to operate a watercraft or snowmobile
25     for a minimum of 2 years, and the statutory summary
26     suspension of the person's privilege to operate a motor

 

 

HB1346 - 51 - LRB096 06066 AJT 16148 b

1     vehicle, as provided in Section 6-208.1 of the Illinois
2     Vehicle Code, and will also result in the disqualification
3     of the person's privilege to operate a commercial motor
4     vehicle, as provided in Section 6-514 of the Illinois
5     Vehicle Code, if the person is a CDL holder. The person
6     shall also be warned by the law enforcement officer that if
7     the person submits to the test or tests provided in
8     paragraph 1 of this subsection and the alcohol
9     concentration in the person's blood or breath is 0.08 or
10     greater, or any amount of a drug, substance, or compound
11     resulting from the unlawful use or consumption of cannabis
12     as covered by the Cannabis Control Act, a controlled
13     substance listed in the Illinois Controlled Substances
14     Act, an intoxicating compound listed in the Use of
15     Intoxicating Compounds Act, or methamphetamine as listed
16     in the Methamphetamine Control and Community Protection
17     Act is detected in the person's blood or urine, a statutory
18     summary suspension of the person's privilege to operate a
19     motor vehicle, as provided in Sections 6-208.1 and 11-501.1
20     of the Illinois Vehicle Code, and a disqualification of the
21     person's privilege to operate a commercial motor vehicle,
22     as provided in Section 6-514 of the Illinois Vehicle Code,
23     if the person is a CDL holder, will be imposed.
24         A person who is under the age of 21 at the time the
25     person is requested to submit to a test as provided above
26     shall, in addition to the warnings provided for in this

 

 

HB1346 - 52 - LRB096 06066 AJT 16148 b

1     Section, be further warned by the law enforcement officer
2     requesting the test that if the person submits to the test
3     or tests provided in paragraph (a) of this Section and the
4     alcohol concentration in the person's blood or breath is
5     greater than 0.00 and less than 0.08, a suspension of the
6     person's privilege to operate a motor vehicle, as provided
7     under Sections 6-208.2 and 11-501.8 of the Illinois Vehicle
8     Code, will be imposed. The results of this test shall be
9     admissible in a civil or criminal action or proceeding
10     arising from an arrest for an offense as defined in Section
11     5-16 of this Act or a similar provision of a local
12     ordinance or pursuant to Section 11-501.4 of the Illinois
13     Vehicle Code in prosecutions for reckless homicide brought
14     under the Criminal Code of 1961. These test results,
15     however, shall be admissible only in actions or proceedings
16     directly related to the incident upon which the test
17     request was made.
18         Following this warning, if a person under arrest
19     refuses upon the request of a law enforcement officer to
20     submit to a test designated by the officer, no test shall
21     be given, but the law enforcement officer shall file with
22     the clerk of the circuit court for the county in which the
23     arrest was made, and with the Department of Natural
24     Resources, a sworn statement naming the person refusing to
25     take and complete the chemical test or tests requested
26     under the provisions of this Section. Such sworn statement

 

 

HB1346 - 53 - LRB096 06066 AJT 16148 b

1     shall identify the arrested person, such person's current
2     residence address and shall specify that a refusal by such
3     person to take the chemical test or tests was made. Such
4     sworn statement shall include a statement that the
5     arresting officer had reasonable cause to believe the
6     person was operating or was in actual physical control of
7     the watercraft within this State while under the influence
8     of alcohol, other drug or drugs, intoxicating compound or
9     compounds, or combination thereof and that such chemical
10     test or tests were made as an incident to and following the
11     lawful arrest for an offense as defined in this Section or
12     a similar provision of a local ordinance, and that the
13     person after being arrested for an offense arising out of
14     acts alleged to have been committed while so operating a
15     watercraft refused to submit to and complete a chemical
16     test or tests as requested by the law enforcement officer.
17         3.1. The law enforcement officer submitting the sworn
18     statement as provided in paragraph 3 of this subsection (m)
19     (B) shall serve immediate written notice upon the person
20     refusing the chemical test or tests that the person's
21     privilege to operate a watercraft or snowmobile within this
22     State will be suspended for a period of 2 years , a
23     statutory summary suspension of the person's privilege to
24     operate a motor vehicle, as provided in Sections 6-208.1
25     and 6-208.2 of the Illinois Vehicle Code will be imposed,
26     and a disqualification of the person's privilege to operate

 

 

HB1346 - 54 - LRB096 06066 AJT 16148 b

1     a commercial motor vehicle, as provided in Section 6-514 of
2     the Illinois Vehicle Code, if the person is a CDL holder,
3     will be imposed unless, within 28 days from the date of the
4     notice, the person requests in writing a hearing on the
5     suspension.
6         If the person desires a hearing, such person shall file
7     a complaint in the circuit court for and in the county in
8     which such person was arrested for such hearing. Such
9     hearing shall proceed in the court in the same manner as
10     other civil proceedings, shall cover only the issues of
11     whether the person was placed under arrest for an offense
12     as defined in this Section or a similar provision of a
13     local ordinance as evidenced by the issuance of a uniform
14     citation; whether the arresting officer had reasonable
15     grounds to believe that such person was operating a
16     watercraft while under the influence of alcohol, other drug
17     or drugs, intoxicating compound or compounds, or
18     combination thereof; and whether such person refused to
19     submit and complete the chemical test or tests upon the
20     request of the law enforcement officer. Whether the person
21     was informed that such person's privilege to operate a
22     watercraft would be suspended if such person refused to
23     submit to the chemical test or tests shall not be an issue.
24         If the person fails to request in writing a hearing
25     within 28 days from the date of notice, or if a hearing is
26     held and the court finds against the person on the issues

 

 

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1     before the court, the clerk shall immediately notify the
2     Department of Natural Resources, and the Department shall
3     suspend the watercraft operation privileges of the person
4     for at least 2 years.
5         If the person fails to request in writing a hearing
6     within 28 days from the date of notice, or if a hearing is
7     held and the court finds against the person on the issues
8     before the court, the clerk shall immediately notify the
9     Secretary of State, and the Secretary of State shall impose
10     a statutory summary suspension of the person's privilege to
11     operate a motor vehicle, as provided in Sections 6-208.1
12     and 6-208.2 of the Illinois Vehicle Code, and a
13     disqualification of the person's privilege to operate a
14     commercial motor vehicle, as provided in Section 6-514 of
15     the Illinois Vehicle Code, if the person is a CDL holder.
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

 

 

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1     paragraph 1 of this subsection (m) (B) and the person
2     submitted to testing that disclosed an alcohol
3     concentration of 0.08 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     (n) (C) Upon the trial of any civil or criminal action or
21 proceeding arising out of acts alleged to have been committed
22 by any person while operating a watercraft while under the
23 influence of alcohol, the concentration of alcohol in the
24 person's blood or breath at the time alleged as shown by
25 analysis of a person's blood, urine, breath, or other bodily
26 substance shall give rise to the presumptions specified in

 

 

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1 subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2
2 of the Illinois Vehicle Code. The foregoing provisions of this
3 subsection (C) shall not be construed as limiting the
4 introduction of any other relevant evidence bearing upon the
5 question whether the person was under the influence of alcohol.
6     (o) (D) If a person under arrest refuses to submit to a
7 chemical test under the provisions of this Section, evidence of
8 refusal shall be admissible in any civil or criminal action or
9 proceeding arising out of acts alleged to have been committed
10 while the person under the influence of alcohol, other drug or
11 drugs, intoxicating compound or compounds, or combination of
12 them was operating a watercraft.
13     (p) (E) The owner of any watercraft or any person given
14 supervisory authority over a watercraft, may not knowingly
15 permit a watercraft to be operated by any person under the
16 influence of alcohol, other drug or drugs, intoxicating
17 compound or compounds, or combination thereof.
18     (q) (F) Whenever any person is convicted or found guilty of
19 a violation of this Section, including any person placed on
20 court supervision, the court shall notify the Office of Law
21 Enforcement of the Department of Natural Resources, to provide
22 the Department with the records essential for the performance
23 of the Department's duties to monitor and enforce any order of
24 suspension or revocation concerning the privilege to operate a
25 watercraft.
26     (r) (G) No person who has been arrested and charged for

 

 

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1 violating paragraph 1 of subsection (a) (A) of this Section
2 shall operate any watercraft within this State for a period of
3 24 hours after such arrest.
4 (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
 
5     (625 ILCS 45/5-16c new)
6     Sec. 5-16c. Additional administrative sanctions.
7     (a) After a finding of guilt and prior to any final
8 sentencing or an order for supervision, for an offense based
9 upon an arrest for a violation of Section 5-16 or a similar
10 provision of a local ordinance, individuals shall be required
11 to undergo a professional evaluation to determine if an
12 alcohol, drug, or intoxicating compound abuse problem exists
13 and the extent of the problem, and undergo the imposition of
14 treatment as appropriate. Programs conducting these
15 evaluations shall be licensed by the Department of Human
16 Services. The cost of any professional evaluation shall be paid
17 for by the individual required to undergo the professional
18 evaluation.
19     (b) Any person who is found guilty of or pleads guilty to
20 violating Section 5-16, including any person receiving a
21 disposition of court supervision for violating that Section,
22 may be required by the Court to attend a victim impact panel
23 offered by, or under contract with, a county State's Attorney's
24 office, a probation and court services department, Mothers
25 Against Drunk Driving, or the Alliance Against Intoxicated

 

 

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1 Motorists. All costs generated by the victim impact panel shall
2 be paid from fees collected from the offender or as may be
3 determined by the court.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     625 ILCS 5/1-197.5 from Ch. 95 1/2, par. 1-203.1
4     625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
5     625 ILCS 5/6-100.5 new
6     625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
7     625 ILCS 40/5-7
8     625 ILCS 40/5-7.01 new
9     625 ILCS 40/5-7.1
10     625 ILCS 45/5-16
11     625 ILCS 45/5-16c new