State of Illinois
92^nd General Assembly
Legislation

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92_SB0647eng

 
SB647 Engrossed                               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.
29                  (iii)  Operate  or  act as a crew member of any
30             aircraft  within  this  State   when   the   alcohol
31             concentration  in  the  person's  blood or breath is
 
SB647 Engrossed             -2-               LRB9204792RCcdA
 1             0.04 or more based on the definition  of  blood  and
 2             breath  units  contained  in Section 11-501.2 of the
 3             Illinois Vehicle Code.
 4                  (iv)  Operate or act as a crew  member  of  any
 5             aircraft  within this State when there is any amount
 6             of a drug, substance, or compound  in  the  person's
 7             blood  or  urine  resulting from the unlawful use or
 8             consumption of cannabis as listed  in  the  Cannabis
 9             Control  Act  or a controlled substance as listed in
10             the Illinois Controlled Substance Act.
11             (5)  Knowingly consume while a crew  member  of  any
12        aircraft any intoxicating liquor, narcotic drug, or other
13        controlled substance while the aircraft is in operation.
14        (b)  Any  person who violates clause (4)(i) of subsection
15    (a) any provision of this Section is  guilty  of  a  Class  A
16    misdemeanor. A person who violates paragraph (2), (3), or (5)
17    or clause (4)(ii) of subsection (a) of this Section is guilty
18    of  a Class 4 felony.  A person who violates paragraph (1) or
19    clause (4)(iii) or (4)(iv) of subsection (a) of this  Section
20    is guilty of a Class 3 felony.
21    (Source: P.A. 87-458.)

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