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90_HB2262
625 ILCS 40/5-7
625 ILCS 40/5-7.2
625 ILCS 45/5-16
625 ILCS 45/5-16b from Ch. 95 1/2, par. 315-11b
Amends the Boat Registration and Safety Act and the
Snowmobile Registration and Safety Act. Provides that a
person may not operate a snowmobile or boat if his or her
alcohol concentration exceeds the level specified in the
Illinois Vehicle Code (rather than 0.10). Amends the Boat
Registration and Safety Act to provide that a person
convicted of operating a watercraft while under the influence
is guilty of a Class 4 felony if that person had a previous
conviction for driving a motor vehicle or snowmobile while
under the influence. Provides that a police officer who has
reasonable suspicion (instead of probable cause) to believe
that a person is under the influence may request the person
to submit to a breath screening test.
LRB9003458NTsb
LRB9003458NTsb
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Snowmobile Registration and Safety Act is
5 amended by changing Sections 5-7 and 5-7.2 as follows:
6 (625 ILCS 40/5-7)
7 Sec. 5-7. Operating a snowmobile while under the
8 influence of alcohol or other drug; criminal penalties;
9 suspension of operating privileges.
10 (a) A person may not operate a snowmobile within this
11 State while:
12 1. The alcohol concentration in that person's blood
13 or breath is a concentration at which driving a motor
14 vehicle is prohibited under subdivision (1) of subsection
15 (a) of Section 11-501 of the Illinois Vehicle Code 0.10
16 or more based on the definition of blood and breath units
17 in Section 11-501.2 of the Illinois Vehicle Code;
18 2. The person is under the influence of alcohol;
19 3. The person is under the influence of any other
20 drug or combination of drugs to a degree that renders
21 that person incapable of safely operating a snowmobile;
22 4. The person is under the combined influence of
23 alcohol and any other drug or drugs to a degree that
24 renders that person incapable of safely operating a
25 snowmobile; or
26 5. There is any amount of a drug, substance, or
27 compound in that person's blood or urine resulting from
28 the unlawful use or consumption of cannabis listed in the
29 Cannabis Control Act, or controlled substance listed in
30 the Illinois Controlled Substances Act.
31 (b) The fact that a person charged with violating this
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1 Section is or has been legally entitled to use alcohol or
2 other drugs does not constitute a defense against a charge of
3 violating this Section.
4 (c) Every person convicted of violating this Section or
5 a similar provision of a local ordinance is guilty of a Class
6 A misdemeanor, except as otherwise provided in this Section.
7 (d) Every person convicted of violating this Section is
8 guilty of a Class 4 felony if:
9 1. The person has a previous conviction under this
10 Section; or
11 2. The offense results in personal injury where a
12 person other than the operator suffers great bodily harm
13 or permanent disability or disfigurement.
14 (e) Every person convicted of violating this Section is
15 guilty of a Class 3 felony if the offense results in the
16 death of a person.
17 (f) In addition to any criminal penalties imposed, the
18 Department of Conservation shall suspend the snowmobile
19 operation privileges of a person convicted of a misdemeanor
20 under this Section for a period of one year or for a period
21 of 5 years if the person is convicted of a felony under this
22 Section.
23 (Source: P.A. 89-55, eff. 1-1-96.)
24 (625 ILCS 40/5-7.2)
25 Sec. 5-7.2. Chemical and other tests.
26 (a) Upon the trial of a civil or criminal action or
27 proceeding arising out of acts alleged to have been committed
28 while under the influence of alcohol, the concentration of
29 alcohol in the person's blood or breath at the time alleged
30 as shown by analysis of the person's blood, urine, breath, or
31 other bodily substance gives rise to the following
32 presumptions specified in subdivisions 1, 2, and 3 of
33 subsection (b) of Section 11-501.2 of the Illinois Vehicle
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1 Code.:
2 1. If there was at that time an alcohol
3 concentration of 0.05 or less, it is presumed that the
4 person was not under the influence of alcohol.
5 2. If there was at that time an alcohol
6 concentration in excess of 0.05 but less than 0.10, those
7 facts do not give rise to a presumption that the person
8 was or was not under the influence of alcohol, but that
9 fact may be considered with other competent evidence in
10 determining whether the person was under the influence of
11 alcohol.
12 3. If there was at that time an alcohol
13 concentration of 0.10 or more, it is presumed that the
14 person was under the influence of alcohol.
15 (b) The provisions of subsection (a) shall not be
16 construed as limiting the introduction of any other relevant
17 evidence bearing upon the question whether the person was
18 under the influence of alcohol.
19 (c) If a person under arrest refuses to submit to a
20 chemical test under the provisions of Section 5-7.1, evidence
21 of refusal is admissible in a civil or criminal action or
22 proceeding arising out of acts alleged to have been committed
23 while the person under the influence of alcohol or other
24 drugs was operating a snowmobile.
25 (Source: P.A. 89-55, eff. 1-1-96.)
26 Section 10. The Boat Registration and Safety Act is
27 amended by changing Sections 5-16 and 5-16b as follows:
28 (625 ILCS 45/5-16)
29 Sec. 5-16. Operating a watercraft under the influence of
30 alcohol, other drug, or combination thereof.
31 (A) 1. A person shall not operate any watercraft within
32 this State while:
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1 (a) The alcohol concentration in such person's
2 blood or breath is a concentration at which driving a
3 motor vehicle is prohibited under subdivision (1) of
4 subsection (a) of Section 11-501 of the Illinois Vehicle
5 Code 0.10 or more based on the definition of blood and
6 breath units in Section 11-501.2 of the Illinois Vehicle
7 Code, as amended;
8 (b) Under the influence of alcohol;
9 (c) Under the influence of any other drug or
10 combination of drugs to a degree which renders such
11 person incapable of safely operating any watercraft;
12 (d) Under the combined influence of alcohol and any
13 other drug or drugs to a degree which renders such person
14 incapable of safely operating a watercraft; or
15 (e) There is any amount of a drug, substance, or
16 compound in the person's blood or urine resulting from
17 the unlawful use or consumption of cannabis as defined in
18 the Cannabis Control Act or a controlled substance listed
19 in the Illinois Controlled Substances Act.
20 2. The fact that any person charged with violating this
21 Section is or has been legally entitled to use alcohol, or
22 other drugs, or any combination of both, shall not constitute
23 a defense against any charge of violating this Section.
24 3. Every person convicted of violating this Section
25 shall be guilty of a Class A misdemeanor, except as otherwise
26 provided in this Section.
27 4. Every person convicted of violating this Section
28 shall be guilty of a Class 4 felony if:
29 (a) He has a previous conviction under this
30 Section, Section 11-501 of the Illinois Vehicle Code, or
31 Section 5-7 of the Snowmobile Registration and Safety
32 Act; or
33 (b) The offense results in personal injury where a
34 person other than the operator suffers great bodily harm
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1 or permanent disability or disfigurement.
2 5. Every person convicted of violating this Section
3 shall be guilty of a Class 3 felony if the offense results in
4 the death of a person.
5 6. (a) In addition to any criminal penalties imposed,
6 the Department of Conservation shall suspend the watercraft
7 operation privileges of any person convicted of a misdemeanor
8 under this Section for a period of 1 year.
9 (b) In addition to any criminal penalties imposed, the
10 Department of Conservation shall suspend the watercraft
11 operation privileges of any person convicted of a felony
12 under this Section for a period of 3 years.
13 (B) 1. Any person who operates any watercraft upon the
14 waters of this State shall be deemed to have given consent to
15 a chemical test or tests of blood, breath or urine for the
16 purpose of determining the alcohol, other drug, or
17 combination thereof content of such person's blood if
18 arrested for any offense of subsection (A) above. The test or
19 tests shall be administered at the direction of the arresting
20 officer.
21 2. Any person who is dead, unconscious or who is
22 otherwise in a condition rendering such person incapable of
23 refusal, shall be deemed not to have withdrawn the consent
24 provided above.
25 3. A person requested to submit to a test as provided
26 above shall be verbally advised by the law enforcement
27 officer requesting the test that a refusal to submit to the
28 test will result in suspension of such person's privilege to
29 operate a watercraft. Following this warning, if a person
30 under arrest refuses upon the request of a law enforcement
31 officer to submit to a test designated by the officer, none
32 shall be given, but the law enforcement officer shall file
33 with the clerk of the circuit court for the county in which
34 the arrest was made, a sworn statement naming the person
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1 refusing to take and complete the test or tests requested
2 under the provisions of this Section. Such sworn statement
3 shall identify the arrested person, such person's current
4 residence address and shall specify that a refusal by such
5 person to take the test or tests was made. Such sworn
6 statement shall include a statement that the arresting
7 officer had reasonable cause to believe the person was
8 operating the watercraft within this State while under the
9 influence of alcohol, other drug, or combination thereof and
10 that such test or tests were made as an incident to and
11 following the lawful arrest for an offense as defined in this
12 Section or a similar provision of a local ordinance, and that
13 the 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 test or tests
16 as requested by the law enforcement officer.
17 The clerk shall thereupon notify such person in writing
18 that the person's privilege to operate a watercraft will be
19 suspended unless, within 28 days from the date of mailing of
20 the notice, such person shall request in writing a hearing
21 thereon; if the person desires a hearing, such person shall
22 file a complaint in the circuit court for and in the county
23 in which such person was arrested for such hearing. Such
24 hearing shall proceed in the court in the same manner as
25 other civil proceedings, shall cover only the issues of
26 whether the person was placed under arrest for an offense as
27 defined in this Section or a similar provision of a local
28 ordinance as evidenced by the issuance of a uniform citation;
29 whether the arresting officer had reasonable grounds to
30 believe that such person was operating a watercraft while
31 under the influence of alcohol, other drug, or combination
32 thereof; and whether such person refused to submit and
33 complete the test or tests upon the request of the law
34 enforcement officer. Whether the person was informed that
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1 such person's privilege to operate a watercraft would be
2 suspended if such person refused to submit to the test or
3 tests shall not be an issue.
4 If the court finds against the person on the issues
5 before the court, the clerk shall immediately notify the
6 Department of Conservation of the court's decision, and the
7 Department shall suspend the watercraft operation privileges
8 of the person for at least 2 years.
9 4. A person must submit to each test offered by the law
10 enforcement officer in order to comply with the implied
11 consent provisions of this Section.
12 5. The provisions of Section 11-501.2 of the Illinois
13 Vehicle Code, as amended, concerning the certification and
14 use of chemical tests apply to the use of such tests under
15 this Section.
16 (C) Upon the trial of any civil or criminal action or
17 proceeding arising out of acts alleged to have been committed
18 by any person while operating a watercraft while under the
19 influence of alcohol, the concentration of alcohol in the
20 person's blood or breath at the time alleged as shown by
21 analysis of a person's blood, urine, breath, or other bodily
22 substance shall give rise to the following presumptions
23 specified in subdivisions 1, 2, and 3 of subsection (b) of
24 Section 11-501.2 of the Illinois Vehicle Code.: 1. If there
25 was at that time an alcohol concentration of 0.05 or less, it
26 shall be presumed that the person was not under the influence
27 of alcohol. 2. If there was at that time an alcohol
28 concentration in excess of 0.05 but less than 0.10, such
29 facts shall not give rise to any presumption that the person
30 was or was not under the influence of alcohol, but such fact
31 may be considered with other competent evidence in
32 determining whether the person was under the influence of
33 alcohol. 3. If there was at that time an alcohol
34 concentration of 0.10 or more, it shall be presumed that the
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1 person was under the influence of alcohol. 4. The foregoing
2 provisions of this subsection (C) shall not be construed as
3 limiting the introduction of any other relevant evidence
4 bearing upon the question whether the person was under the
5 influence of alcohol.
6 (D) If a person under arrest refuses to submit to a
7 chemical test under the provisions of this Section, evidence
8 of refusal shall be admissible in any civil or criminal
9 action or proceeding arising out of acts alleged to have been
10 committed while the person under the influence of alcohol, or
11 other drugs, or combination of both was operating a
12 watercraft.
13 (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 combination thereof.
17 (F) Whenever any person is convicted of a violation of
18 this Section, the court shall notify the Division of Law
19 Enforcement of the Department of Conservation, to provide the
20 Department with the records essential for the performance of
21 the Department's duties to monitor and enforce any order of
22 suspension or revocation concerning the privilege to operate
23 a watercraft.
24 (G) No person who has been arrested and charged for
25 violating paragraph 1 of subsection (A) of this Section shall
26 operate any watercraft within this State for a period of 6
27 hours after such arrest.
28 (Source: P.A. 88-175; 88-670, eff. 12-2-94.)
29 (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
30 Sec. 5-16b. Preliminary breath screening test. If a law
31 enforcement officer has reasonable suspicion probable cause
32 to believe that a person is violating or has violated Section
33 5-16 or a similar provision of a local ordinance, the
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1 officer, prior to before an arrest, may request the person to
2 provide a sample of his or her breath for a preliminary
3 breath screening test using a portable device approved by the
4 Department of Public Health. The results of this preliminary
5 breath screening test may be used by the law enforcement
6 officer for the purpose of assisting with the determination
7 of whether to require a chemical test as authorized under
8 Section 5-16 and the appropriate type of test to request.
9 Any chemical test authorized under Section 5-16 may be
10 requested by the officer regardless of the result of the
11 preliminary breath screening test if probable cause for an
12 arrest exists. The result of a preliminary breath screening
13 test may be used by the defendant as evidence in any
14 administrative or court proceeding involving a violation of
15 Section 5-16.
16 (Source: P.A. 87-803; 88-670, eff. 12-2-94.)