Full Text of HB3821 93rd General Assembly
HB3821ham002 93RD GENERAL ASSEMBLY
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Rep. Rosemary Kurtz
Filed: 3/23/2004
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LRB093 12239 DRH 49025 a |
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| AMENDMENT TO HOUSE BILL 3821
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| AMENDMENT NO. ______. Amend House Bill 3821, AS AMENDED, in | 3 |
| Section 5, Sec. 5-16, subsection (A), by replacing paragraph 4 | 4 |
| with the following: | 5 |
| "4. Every person convicted of violating this Section
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| shall be guilty of a Class 4 felony if: | 7 |
| (a) He has a previous conviction under this
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| Section; | 9 |
| (b) The offense results in personal injury where
a | 10 |
| person other than the operator suffers great bodily | 11 |
| harm or permanent disability or disfigurement, when | 12 |
| the violation was a proximate cause of the injuries. A | 13 |
| person guilty of a Class 4 felony under this | 14 |
| subparagraph (b), if sentenced to a term of | 15 |
| imprisonment, shall be sentenced to a term of not less | 16 |
| than one year nor more than 12 years; or | 17 |
| (c) The offense occurred during a period in
which | 18 |
| his or her privileges to operate a watercraft are | 19 |
| revoked or suspended, and the revocation or suspension | 20 |
| was for a violation of this Section or was imposed | 21 |
| under subsection (B)."; and
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| in Section 5, Sec. 5-16, subsection (A), by replacing paragraph | 23 |
| 6 with the following:
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| "6. (a) In addition to any criminal penalties imposed, | 25 |
| the Department of
Natural Resources shall suspend the |
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| watercraft operation privileges of any
person
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| convicted or found guilty of a misdemeanor under this | 3 |
| Section , or a similar provision of a local ordinance or | 4 |
| Title 46, Part A, Chapter 23, Section 2302 of the U.S. | 5 |
| Code of Federal Regulations, for a period
of one year, | 6 |
| except that a first time offender who is placed on | 7 |
| court supervision is exempt from this mandatory
one | 8 |
| year suspension.
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| (b) In addition to any criminal penalties imposed, | 10 |
| the Department of
Natural Resources shall suspend the | 11 |
| watercraft operation privileges of any
person
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| convicted of a felony under this Section , or a similar | 13 |
| provision of a local ordinance or federal law, or | 14 |
| Section 9-3 of the Criminal Code, for a period of 3 | 15 |
| years."; and | 16 |
| in Section 5, Sec. 6-1, by replacing the second paragraph of | 17 |
| subsection A-1 with the following: | 18 |
| " As used in this Section, "personal injury" means any | 19 |
| injury requiring medical treatment beyond first aid. "; and | 20 |
| in Section 5, Sec. 6-1, by replacing subsections B and C with | 21 |
| the following: | 22 |
| "B. In the case of collision, accident, or other casualty | 23 |
| involving a
vessel, the operator, if the collision, accident, | 24 |
| or other casualty
results in death or injury to a person or | 25 |
| damage to property in excess of
$2,000 or there is a complete | 26 |
| loss of the vessel
$500 , shall file with the Department a full | 27 |
| description of the collision,
accident, or other casualty, | 28 |
| including information as the Department
may by regulation | 29 |
| require. Reports
of
the accidents must be filed with
the | 30 |
| Department on a Department Accident Report form within 5 days.
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| C. Reports of accidents resulting
in personal injury, where | 32 |
| a person
sustains an injury requiring medical attention beyond |
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| first aid
is incapacitated for a period exceeding 72 hours , | 2 |
| must be filed with the
Department on a Department Accident | 3 |
| Report form within 5 days.
Accidents
that result in loss of | 4 |
| life shall be reported to the Department on a
Department form | 5 |
| within 48 hours."; and
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| in Section 5, by replacing Secs. 11A-4 and 11A-5 with the | 7 |
| following: | 8 |
| "(625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
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| Sec. 11A-4. Any person who is convicted of a violation of | 10 |
| Sections
5-1 , 5-2 or 11A-5 of this Act, in addition to any | 11 |
| other penalties
authorized in this Act, may in the discretion | 12 |
| of the court be refused the
privilege of operating any | 13 |
| watercraft on any of the waterways of this State
for a period | 14 |
| of not less than one year.
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| Any person who is convicted of a violation of Section 5-2 | 16 |
| of this Act or
subsection A-1 of Section 6-1 of this Act, in | 17 |
| addition to any other penalties
authorized in this Act, shall | 18 |
| have his or her privilege of operating any watercraft on any of | 19 |
| the waterways of this State suspended by the Department for a | 20 |
| period of not less than one year.
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| (Source: P.A. 85-149.)
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| (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
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| Sec. 11A-5. A person may not operate a watercraft during | 24 |
| the time that the person's privilege to operate a watercraft is | 25 |
| suspended or revoked in this State, by another state, or by a | 26 |
| federal agency. Any person who operates any watercraft during | 27 |
| the period when
he is denied the privilege to so operate is | 28 |
| guilty of a Class A misdemeanor
for a first offense and a Class | 29 |
| 4 felony for a second or subsequent
offense .
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| (Source: P.A. 85-149.)".
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