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Synopsis As Introduced Amends the Boat Registration and Safety Act. Provides that, in cases involving death or personal injury, the failure of the operator of a watercraft involved in an accident to remain at the scene as required by the Act is a Class A misdemeanor. Provides that a person who has failed to remain at the scene of an accident involving death or personal injury as required by the Act must, within a specified time, report specified information concerning the accident at a police station or sheriff's office near the location where the accident occurred. Provides that failure to comply with this reporting requirement is a Class 4 felony in a case not involving the death of a person and a Class 2 felony in a case involving the death of a person. Provides that, if the defendant is sentenced to a term of imprisonment in a case involving the death of a person, the term shall be not less than 3 years and not more than 14 years. Provides for mandatory suspension of watercraft operation privileges under specified circumstances. Increases penalties for reckless operation of a watercraft. Provides that operating a watercraft under the influence is a Class 4 felony if the violation occurs while the violator's watercraft operating privileges are suspended. Provides that penalties for operating a watercraft under the influence also apply if a person is in actual physical control of a watercraft. Provides that a second or subsequent violation of operating a watercraft while watercraft operating privileges are suspended is a Class 4 felony. Amends the Unified Code of Corrections. Provides that a person may not receive court supervision more than once for operating a watercraft under the influence. Makes other changes.
House Committee Amendment No. 1 Changes the amendatory language regarding accident reporting requirements to reflect federal preemption of State law regarding the reporting of accidents involving large vessels.
House Floor Amendment No. 2 Provides that a person who violates a local ordinance or a federal law or regulation (as well as a State law) prohibiting the operation of a watercraft under the influence of alcohol, drugs, or intoxicating compounds shall have his or her watercraft operation privileges suspended for one year. Provides that the one year suspension does not apply to a first offender placed on court supervision for the offense. Provides that a person who commits reckless homicide or felony violation of a local ordinance or a federal statute (as well as a felony violation of a State statute) prohibiting the operation of a watercraft under the influence shall have his or her watercraft operation privileges suspended for 3 years. Requires the operator of a vessel to report an accident involving any injury requiring treatment beyond first aid (rather than an injury requiring immediate professional treatment in a medical facility or a doctor's office or an injury resulting in the victim's incapacitation for a period of 72 hours). Requires reporting of a watercraft accident resulting in $2,000 or more in property damage or complete loss of a vessel (rather than reporting of any accident resulting in $500 or more in property damage).
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