State of Illinois
92^nd General Assembly
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92_SB0647ren

 
SB647 Re-enrolled                             LRB9204792RCcdA

 1        AN ACT in relation to aeronautics.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Aeronautics Act is  amended  by
 5    changing Section 43d as follows:

 6        (620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
 7        Sec. 43d.  Intoxicated persons in or about aircraft.
 8        (a)  No person shall:
 9             (1)  Operate  or  attempt to operate any aircraft in
10        this State while  under  the  influence  of  intoxicating
11        liquor   or   any   narcotic  drug  or  other  controlled
12        substance.
13             (2)  Knowingly permit any individual  who  is  under
14        the influence of intoxicating liquor or any narcotic drug
15        or  other  controlled  substance  to operate any aircraft
16        owned by the person or in his custody or control.
17             (3)  Perform  any  act  in   connection   with   the
18        maintenance  or  operation of any aircraft when under the
19        influence of intoxicating liquor or any narcotic drug  or
20        other  controlled substance, except medication prescribed
21        by a physician which will not render the person incapable
22        of performing his duties safely.
23             (4) (i)  Consume alcoholic  liquor  within  8  hours
24             prior to operating or acting as a crew member of any
25             aircraft within this State.
26                  (ii)  Act  as  a  crew  member  of any aircraft
27             within this  State  while  under  the  influence  of
28             alcohol  or  when  the  alcohol concentration in the
29             person's blood or breath is 0.04 or  more  based  on
30             the  definition  of blood and breath units contained
31             in Section 11-501.2 of the Illinois Vehicle Code.
 
SB647 Re-enrolled              -2-            LRB9204792RCcdA
 1                  (iii)  Operate or act as a crew member  of  any
 2             aircraft   within   this   State  when  the  alcohol
 3             concentration in the person's  blood  or  breath  is
 4             0.04  or  more  based on the definition of blood and
 5             breath units contained in Section  11-501.2  of  the
 6             Illinois Vehicle Code.
 7                  (iv)  Operate  or  act  as a crew member of any
 8             aircraft within this State when there is any  amount
 9             of  a  drug,  substance, or compound in the person's
10             blood or urine resulting from the  unlawful  use  or
11             consumption  of  cannabis  as listed in the Cannabis
12             Control Act or a controlled substance as  listed  in
13             the Illinois Controlled Substance Act.
14             (5)  Knowingly  consume  while  a crew member of any
15        aircraft any intoxicating liquor, narcotic drug, or other
16        controlled substance while the aircraft is in operation.
17        (b)  Any person who violates clause (4)(i) of  subsection
18    (a)  any  provision  of  this  Section is guilty of a Class A
19    misdemeanor. A person who violates paragraph (2), (3), or (5)
20    or clause (4)(ii) of subsection (a) of this Section is guilty
21    of a Class 4 felony.  A person who violates paragraph (1)  or
22    clause  (4)(iii) or (4)(iv) of subsection (a) of this Section
23    is guilty of a Class 3 felony.
24    (Source: P.A. 87-458.)

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