Full Text of HB1346 96th General Assembly
HB1346 96TH GENERAL ASSEMBLY
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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: |
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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 |
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A BILL FOR
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HB1346 |
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LRB096 06066 AJT 16148 b |
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| AN ACT concerning transportation, which may be referred to | 2 |
| as Randy's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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:
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| (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
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| 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
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| 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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LRB096 06066 AJT 16148 b |
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| Snowmobile Registration and Safety Act, or Section 5-16 of the | 2 |
| Boat Registration and Safety Act .
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| (Source: P.A. 92-834, eff. 8-22-02.)
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| (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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| 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
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| summary suspension shall become effective as provided in | 13 |
| Section 11-501.1.
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| (b) Within 90 days after the notice of statutory summary
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| 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
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| 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
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| jurisdiction. This judicial hearing, request, or process shall | 25 |
| not stay or
delay the statutory summary suspension. The |
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| hearings shall proceed in the
court in the same manner as in | 2 |
| other civil proceedings.
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| 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.
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| The scope of the hearing shall be limited to the issues of:
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| 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
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| 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
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| 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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| 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
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| 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.
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| 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.
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| (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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| 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.)
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| (625 ILCS 5/6-100.5 new)
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| 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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| (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.
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| (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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| 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.
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| (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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| 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) 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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| (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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| 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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| 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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| 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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| 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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| 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.
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| (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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| amended by changing Sections 5-7 and 5-7.1 and adding Section | 2 |
| 5-7.01 as follows:
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| (625 ILCS 40/5-7)
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| 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:
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| 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
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| Section 11-501 of the Illinois Vehicle Code;
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| 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
|
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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. |
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 19 - |
LRB096 06066 AJT 16148 b |
|
| 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, |
|
|
|
HB1346 |
- 20 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 21 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 22 - |
LRB096 06066 AJT 16148 b |
|
| 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, |
|
|
|
HB1346 |
- 23 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 24 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 25 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
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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 |
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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 |
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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 |
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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 |
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
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LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 41 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 42 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 43 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 44 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 45 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 46 - |
LRB096 06066 AJT 16148 b |
|
| 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 |
|
|
|
HB1346 |
- 48 - |
LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
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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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LRB096 06066 AJT 16148 b |
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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 |
|
|
|
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LRB096 06066 AJT 16148 b |
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| 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 |
|
|
|
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LRB096 06066 AJT 16148 b |
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| 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 |
|
|
|
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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 |
|
|
|
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LRB096 06066 AJT 16148 b |
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| 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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LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
|
| 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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LRB096 06066 AJT 16148 b |
|
| 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 |
|
| |
|