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Public Act 094-0214
Public Act 0214 94TH GENERAL ASSEMBLY
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Public Act 094-0214
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| HB1339 Enrolled |
LRB094 05374 DRH 35419 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Snowmobile Registration and Safety Act is | amended by changing Sections 5-7 and 10-3 as follows:
| (625 ILCS 40/5-7)
| Sec. 5-7. Operating a snowmobile while under the influence | of alcohol or
other drug or drugs, intoxicating compound or | compounds, or a combination of
them; criminal penalties; | suspension of operating privileges.
| (a) A person may not operate or be in actual physical | control of a
snowmobile within this State
while:
| 1. The alcohol concentration in that person's blood or | breath is a
concentration at which driving a motor vehicle | is prohibited under
subdivision (1) of subsection (a) of
| Section 11-501 of the Illinois Vehicle Code;
| 2. The person is under the influence of alcohol;
| 3. The person is under the influence of any other drug | or combination of
drugs to a degree that renders that | person incapable of safely operating a
snowmobile;
| 3.1. The person is under the influence of any | intoxicating compound or
combination of intoxicating | compounds to a degree that renders the person
incapable of | safely operating a snowmobile;
| 4. The person is under the combined influence of | alcohol and any other
drug or drugs or intoxicating | compound or compounds to a degree that
renders that person | incapable of safely
operating a snowmobile; or
| 5. There is any amount of a drug, substance, or | compound in that person's
breath, blood, or urine resulting | from the unlawful use or consumption
of cannabis
listed in | the Cannabis Control Act, controlled substance listed in |
| the
Illinois Controlled Substances Act, or intoxicating | compound listed in the
use
of Intoxicating Compounds Act.
| (b) The fact that a person charged with violating this | Section is or has
been legally entitled to use alcohol, other | drug or drugs, any
intoxicating
compound or compounds, or any | combination of them does not constitute a
defense against a | charge of violating this Section.
| (c) Every person convicted of violating this Section or a | similar
provision of a local ordinance is guilty of a
Class A | misdemeanor, except as otherwise provided in this Section.
| (c-1) As used in this Section, "first time offender" means | any person who has not had a previous conviction or been | assigned supervision for violating this Section or a similar | provision of a local ordinance, or any person who has not had a | suspension imposed under subsection (e) of Section 5-7.1. | (c-2) For purposes of this Section, the following are | equivalent to a conviction: | (1) a forfeiture of bail or collateral deposited to | secure a defendant's appearance in court when forfeiture | has not been vacated; or | (2) the failure of a defendant to appear for trial.
| (d) Every person convicted of violating this Section is | guilty of a
Class 4 felony if:
| 1. The person has a previous conviction under this | Section;
| 2. The offense results in personal injury where a | person other than the
operator suffers great bodily harm or | permanent disability or disfigurement,
when the violation | was a proximate cause of the injuries.
A person guilty of a | Class 4 felony under this paragraph 2, if sentenced to a
| term of imprisonment, shall be sentenced to not less than | one year nor more
than
12 years; or
| 3. The offense occurred during a period in which the | person's privileges
to
operate a snowmobile are revoked or | suspended, and the revocation or
suspension was for a | violation of this Section or was imposed under Section
|
| 5-7.1.
| (e) Every person convicted of violating this Section is | guilty
of a
Class 2 felony if the offense results in the death | of a person.
A person guilty of a Class 2 felony under this | subsection (e), if sentenced
to
a term of imprisonment, shall | be sentenced to a term of not less than 3 years
and not more | than 14 years.
| (e-1) Every person convicted of violating this Section or a | similar
provision of a local ordinance who had a child under | the age of 16 on board the
snowmobile at the time of offense | shall be subject to a mandatory minimum fine
of $500 and shall | be subject to a mandatory minimum of 5 days of community
| service in a program benefiting children. The assignment under | this subsection
shall not be subject to suspension nor shall | the person be eligible for
probation in order to reduce the | assignment.
| (e-2) Every person found guilty of violating this Section, | whose operation
of
a snowmobile while in violation of this | Section proximately caused any incident
resulting in an | appropriate emergency response, shall be liable for the expense
| of an emergency response as provided under Section 5-5-3 of the | Unified Code of
Corrections.
| (e-3) In addition to any other penalties and liabilities, a | person who is
found guilty of violating this Section, including | any person placed on court
supervision, shall be fined $100, | payable to the circuit clerk, who shall
distribute the money to | the law enforcement agency that made the arrest. In the
event | that more than one agency is responsible for the arrest, the | $100
shall be shared equally. Any moneys received by a law | enforcement agency under
this subsection (e-3) shall be used to | purchase law enforcement equipment or to
provide law | enforcement training that will assist in the prevention of | alcohol
related criminal violence throughout the State. Law | enforcement equipment shall
include, but is not limited to, | in-car video cameras, radar and laser speed
detection devices, | and alcohol breath testers.
|
| (f) In addition to any criminal penalties imposed, the
| Department of Natural Resources shall suspend the
snowmobile | operation privileges of
a person convicted or found guilty of a | misdemeanor under this
Section for a period of one
year, except | that first-time offenders receiving supervision are exempt | from
this mandatory one year suspension.
| (g) In addition to any criminal penalties imposed, the | Department of Natural
Resources shall suspend for a period of 5 | years the snowmobile operation
privileges of any person | convicted or found guilty of a felony under this
Section.
| (Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)
| (625 ILCS 40/10-3)
| Sec. 10-3. Unlawful operation of a snowmobile. A person may | not operate a snowmobile during any period when his or her | privilege to operate a snowmobile is suspended or revoked in | this State, by another state, by a federal agency, or by a | province of Canada. A person who operates a
snowmobile during | the period when he or she is denied the privilege to operate
a | snowmobile is guilty of a Class A misdemeanor.
| (Source: P.A. 89-55, eff. 1-1-96.)
| Section 10. The Boat Registration and Safety Act is amended | by changing Sections 5-16, 6-1, and 11A-5 as follows:
| (625 ILCS 45/5-16)
| Sec. 5-16. Operating a watercraft under the influence of | alcohol,
other drug or drugs, intoxicating compound or | compounds, or combination
thereof.
| (A) 1. A person shall not operate or be in actual physical | control of
any
watercraft within this State while:
| (a) The alcohol concentration in such person's | blood or breath is a
concentration at which driving a | motor vehicle is prohibited under subdivision
(1) of | subsection (a) of
Section 11-501 of the Illinois | Vehicle Code;
|
| (b) Under the influence of alcohol;
| (c) Under the influence of any other drug or | combination of drugs to a
degree which renders such | person incapable of safely operating
any watercraft;
| (c-1) Under the influence of any intoxicating | compound or combination
of
intoxicating compounds to a | degree that renders the person incapable of safely
| operating
any watercraft;
| (d) Under the combined influence of alcohol and any | other drug or
drugs to a degree which renders such | person incapable of safely operating
a watercraft; or
| (e) There is any amount of a drug, substance, or | compound in the
person's blood or urine resulting from | the unlawful use or consumption of
cannabis listed in | the Cannabis Control Act, a
controlled substance
| listed in the Illinois Controlled Substances Act, or an | intoxicating compound
listed in the Use of | Intoxicating Compounds Act.
| 2. The fact that any person charged with violating this | Section is or
has been legally entitled to use alcohol, | other drug or drugs, any
intoxicating compound or | compounds, or any combination of
them, shall not constitute | a defense against any charge of
violating this
Section.
| 3. Every person convicted of violating this Section | shall be guilty of a
Class A misdemeanor, except as | otherwise provided in this Section.
| 4. Every person convicted of violating this Section | shall be guilty of a
Class 4 felony if:
| (a) He has a previous conviction under this | Section;
| (b) The offense results in personal injury where a | person other than the
operator suffers great bodily | harm or permanent disability or disfigurement,
when | the violation was a proximate cause of the injuries. A | person guilty of a
Class 4 felony under this | subparagraph (b), if sentenced
to a term of |
| imprisonment, shall be sentenced to a term of not less | than
one year nor more than 12 years; or
| (c) The offense occurred during a period in which | his or her
privileges
to
operate
a watercraft are | revoked or suspended, and the revocation or suspension | was for
a
violation of this Section or was imposed | under subsection (B).
| 5. Every person convicted of violating this Section | shall be
guilty of a Class 2 felony if the offense results | in the death of a
person.
A person guilty of a Class 2 | felony under this paragraph 5, if sentenced to a
term of | imprisonment, shall be sentenced to a term of not less than | 3 years
and not more than 14 years.
| 5.1. A person convicted of violating this Section or a | similar
provision
of a
local
ordinance who had a child | under the age of 16 aboard the watercraft at the
time of | offense is
subject to a mandatory minimum fine of $500 and | to a mandatory minimum of 5
days of
community service in a | program benefiting children. The assignment under this
| paragraph 5.1 is
not subject to suspension and the person | is not eligible for probation in order
to reduce the
| assignment.
| 5.2. A person found guilty of violating this Section, | if his or her
operation
of a watercraft
while in violation | of this Section proximately caused any incident resulting | in
an appropriate
emergency response, is liable for the | expense of an emergency response as
provided under
Section | 5-5-3 of the Unified Code of Corrections.
| 5.3. In addition to any other penalties and | liabilities, a person who is
found
guilty of
violating this | Section, including any person placed on court supervision,
| shall be fined $100,
payable to the circuit clerk, who | shall distribute the money to the law
enforcement agency | that
made the arrest. In the event that more than one | agency is responsible for the
arrest, the $100
shall be | shared equally. Any moneys received by a law enforcement |
| agency under
this
paragraph 5.3 shall be used to purchase | law enforcement equipment or to provide
law
enforcement | training that will assist in the prevention of alcohol | related
criminal violence
throughout the State. Law | enforcement equipment shall include, but is not
limited to, | in-car
video cameras, radar and laser speed detection | devices, and alcohol breath
testers.
| 6. (a) In addition to any criminal penalties imposed, | the Department of
Natural Resources shall suspend the | watercraft operation privileges of any
person
| convicted or found guilty of a misdemeanor under this | Section, a similar provision of a local ordinance, or | Title 46 of the U.S. Code of Federal Regulations for a | period
of one year, except that a first time offender | is exempt from this mandatory
one year suspension.
| As used in this subdivision (A)6(a), "first time | offender" means any person who has not had a previous | conviction or been assigned supervision for violating | this Section, a similar provision of a local ordinance | or, Title 46 of the U.S. Code of Federal Regulations, | or any person who has not had a suspension imposed | under subdivision (B)3.1 of Section 5-16.
| (b) In addition to any criminal penalties imposed, | the Department of
Natural Resources shall suspend the | watercraft operation privileges of any
person
| convicted of a felony under this Section, a similar | provision of a local ordinance, or Title 46 of the U.S. | Code of Federal Regulations for a period of 3 years.
| (B) 1. Any person who operates or is in actual physical | control of any
watercraft upon the waters of this
State | shall be deemed to have given consent to a chemical test or | tests of
blood, breath or urine for the purpose of | determining the content of
alcohol, other
drug or drugs, | intoxicating compound or compounds, or combination thereof
| in the person's blood if arrested for
any offense of | subsection (A) above. The chemical test or tests shall be
|
| administered at
the direction of the arresting officer.
The | law enforcement agency employing the
officer shall | designate which of the tests shall be administered. A
urine | test may be
administered even after a blood or breath test | or both has been administered.
| 1.1. For the purposes of this Section, an Illinois Law | Enforcement
officer of
this
State who is investigating the | person for any offense defined in Section 5-16
may travel
| into an adjoining state, where the person has been | transported for medical care
to
complete an investigation, | and may request that the person submit to the test
or
tests | set
forth in this Section. The requirements of this Section | that the person be
arrested are
inapplicable, but the | officer shall issue the person a uniform citation for an
| offense as
defined in Section 5-16 or a similar provision | of a local ordinance prior to
requesting that
the person | submit to the test or tests. The issuance of the uniform | citation
shall not
constitute an arrest, but shall be for | the purpose of notifying the person that
he or she is
| subject to the provisions of this Section and of the | officer's belief in the
existence of
probable cause to | arrest. Upon returning to this State, the officer shall | file
the uniform
citation with the circuit clerk of the | county where the offense was committed
and shall
seek the | issuance of an arrest warrant or a summons for the person.
| 1.2. Notwithstanding any ability to refuse under this | Act to submit to
these
tests
or any ability to revoke the | implied consent to these tests, if a law
enforcement | officer
has probable cause to believe that a watercraft | operated by or under actual
physical
control of a person | under the influence of alcohol, other drug or drugs,
| intoxicating
compound or compounds, or any combination of | them has caused the death of or
personal
injury to another, | that person shall submit, upon the request of a law
| enforcement officer,
to a chemical test or tests of his or | her blood, breath, or urine for the
purpose of
determining |
| the alcohol content or the presence of any other drug, | intoxicating
compound, or
combination
of them. For the | purposes of this Section, a personal injury includes severe
| bleeding
wounds, distorted extremities, and injuries that | require the injured party to
be carried
from the scene for | immediate professional attention in either a doctor's | office
or a
medical facility.
| 2. Any person who is dead, unconscious or who is | otherwise in a condition
rendering such person incapable of | refusal, shall be deemed not to have
withdrawn the consent | provided above, and the test may be administered.
| 3. A person requested to submit to a chemical test as | provided above
shall be
verbally advised by the law | enforcement officer requesting the test that a
refusal to | submit to the test will result in suspension of such | person's
privilege to operate a watercraft for a minimum of | 2 years. Following this
warning, if a person
under arrest | refuses upon the request of a law enforcement officer to
| submit to a test designated by the officer, no test
shall | be given, but the law enforcement officer shall file with | the clerk
of the circuit court for the county in which the | arrest was made, and with
the Department of Natural | Resources, a sworn
statement naming the person refusing to | take and complete the chemical test
or tests
requested | under the provisions of this Section. Such sworn statement | shall
identify the arrested person, such person's current | residence address and
shall specify that a refusal by such | person to take the chemical test or
tests was
made. Such | sworn statement shall include a statement that the | arresting
officer had reasonable cause to believe the | person was operating or was in
actual physical control of | the
watercraft within this State while under the influence | of alcohol, other
drug or drugs, intoxicating compound or | compounds, or combination thereof
and that such
chemical | test or tests were made as an
incident to and following the | lawful arrest for an offense as defined in
this Section or |
| a similar provision of a local ordinance, and that the
| person after being arrested for an offense arising out of | acts alleged to
have been committed while so operating a | watercraft refused to submit to
and complete a chemical | test or tests as requested by the law enforcement
officer.
| 3.1. The law enforcement officer submitting the sworn | statement as
provided in
paragraph 3 of this subsection (B) | shall serve immediate written notice upon
the
person | refusing the chemical test or tests that the person's | privilege to
operate a
watercraft within this State will be | suspended for a period of 2 years unless,
within 28 days | from the date of the notice, the person requests in writing | a
hearing
on the suspension.
| If the person desires a hearing, such person
shall file | a complaint in the circuit court for and in the county in | which
such person was arrested for such hearing. Such | hearing shall proceed in
the court in the same manner as | other civil proceedings, shall cover only
the issues of | whether the person was placed under arrest for an offense | as
defined in this Section or a similar provision of a | local ordinance as
evidenced by the issuance of a uniform | citation; whether the arresting
officer had reasonable | grounds to believe that such person was operating a
| watercraft while under the influence of alcohol, other drug | or drugs,
intoxicating compound or compounds, or | combination
thereof; and whether such person refused to | submit and complete the
chemical test or
tests upon the | request of the law enforcement officer. Whether the person
| was informed that such person's privilege to operate a | watercraft would be
suspended if such person refused to | submit to the chemical test or tests
shall not be an
issue.
| If the person fails to request in writing a hearing | within 28 days from
the date of notice, or if a hearing is | held and the court finds against the
person on the issues | before the court, the
clerk shall immediately notify the | Department of Natural Resources, and the Department shall |
| suspend the watercraft operation
privileges of the person | for at least 2 years.
| 3.2. If the person submits to a test that discloses an | alcohol
concentration
of 0.08
or more, or any amount of a | drug, substance or intoxicating compound in the
person's
| breath, blood, or urine resulting from the unlawful use of | cannabis listed in
the Cannabis
Control Act, a controlled | substance listed in the Illinois Controlled
Substances | Act, or an
intoxicating compound listed in the Use of | Intoxicating Compounds Act, the law
enforcement officer | shall immediately submit a sworn report to the circuit
| clerk of venue
and the Department of Natural Resources, | certifying that the test or tests were
requested
under | paragraph 1 of this subsection (B) and the person submitted | to testing
that
disclosed an alcohol concentration of 0.08 | or more.
| In cases where the blood alcohol concentration of 0.08 | or greater or any
amount of
drug, substance or compound | resulting from the unlawful use of cannabis, a
controlled
| substance or an intoxicating compound is established by a | subsequent analysis
of blood
or urine collected at the time | of arrest, the arresting officer or arresting
agency shall
| immediately submit a sworn report to the circuit clerk of | venue and the
Department of
Natural Resources upon receipt | of the test results.
| 4. A person must submit to each chemical test offered | by the law
enforcement
officer
in order to comply with the | implied consent provisions of this Section.
| 5. The provisions of Section 11-501.2 of the Illinois | Vehicle Code, as
amended, concerning the certification and | use of chemical tests apply to the
use of such tests under | this Section.
| (C) Upon the trial of any civil or criminal action or | proceeding arising out
of acts alleged to have been committed | by any person while operating a
watercraft while under the | influence of alcohol, the concentration of alcohol
in the |
| person's blood or breath at the time alleged as shown by | analysis of a
person's blood, urine, breath, or other bodily | substance shall give rise to the
presumptions specified in | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | of the Illinois Vehicle Code. The foregoing
provisions of this | subsection (C) shall not be
construed
as limiting the | introduction of any other relevant evidence bearing upon the
| question whether the person was under the influence of alcohol.
| (D) If a person under arrest refuses to submit to a | chemical test under
the provisions of this Section, evidence of | refusal shall be admissible in
any civil or criminal action or | proceeding arising out of acts alleged to
have been committed | while the person under the influence of alcohol,
other drug or | drugs, intoxicating compound or compounds, or combination
of | them was operating a watercraft.
| (E) The owner of any watercraft or any person given | supervisory
authority over a watercraft, may not knowingly | permit a watercraft to be
operated by any person under the | influence of alcohol, other drug or drugs,
intoxicating | compound or compounds, or
combination thereof.
| (F) Whenever any person is convicted or found guilty of a | violation of
this
Section, including any person placed on court | supervision, the court shall
notify the Office of Law | Enforcement of the
Department of Natural Resources, to provide | the Department with the records
essential for the performance | of the Department's duties to monitor and enforce
any order of | suspension or revocation concerning the privilege to operate a
| watercraft.
| (G) No person who has been arrested and charged for | violating paragraph 1 of
subsection (A) of this Section shall | operate any watercraft within this State
for a period of 24 | hours after such arrest.
| (Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)
| (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
| Sec. 6-1. Collisions, accidents, and casualties; reports.
|
| A. The operator of a vessel involved in a collision, | accident, or other
casualty, so far as he can without serious | danger to his own vessel,
crew, passengers and guests, if any, | shall render to other persons affected
by the collision, | accident, or other casualty assistance as may be
practicable | and as may be necessary in order to save them from or minimize
| any danger caused by the collision, accident, or other | casualty, and also
shall give his name, address, and | identification of his vessel to any
person injured and to the | owner of any property damaged in the collision,
accident, or | other casualty.
| If the collision, accident, or other casualty has resulted | in the death of
or
personal injury to any person, failure to | comply with this subsection A is a
Class A
misdemeanor.
| A-1. Any person who has failed to stop or to comply with | the
requirements of subsection A must, as soon as possible but | in no case
later than one hour after
the collision, accident, | or other casualty, or, if hospitalized and
incapacitated from | reporting at any
time during that period, as soon as possible | but in no case later than one
hour
after
being discharged from | the
hospital, report the date, place, and approximate time
of | the collision,
accident, or other casualty, the watercraft | operator's name and address, the
identification number of the | watercraft, if any, and the names of all other
occupants of the | watercraft, at a police station or sheriff's office near the
| location where the collision, accident, or other casualty | occurred. A report
made as required under this subsection
A-1 | may not be used, directly or indirectly, as a basis for the
| prosecution of any violation of subsection A.
| As used in this Section, personal injury means any injury | requiring treatment beyond first aid.
| Any person failing to comply with this subsection A-1 is
| guilty
of
a Class 4 felony if the collision, accident, or other | casualty
does not result in the death of any person.
Any person | failing to comply with this subsection A-1
when the collision, | accident, or other casualty results in the death of
any person |
| is guilty of a Class 2
felony, for which the person, if
| sentenced to a term of imprisonment, shall be sentenced to a | term of not less
than 3 years and not more than 14 years.
| B. In the case of collision, accident, or other casualty | involving a
vessel, the operator, if the collision, accident, | or other casualty
results in death or injury to a person or | damage to property in excess of
$2000, or there is a complete | loss of the vessel
$500, shall file with the Department a full | description of the collision,
accident, or other casualty, | including information as the Department
may by regulation | require. Reports
of
the accidents must be filed with
the | Department on a Department Accident Report form within 5 days.
| C. Reports of accidents resulting
in personal injury, where | a person
sustains an injury requiring medical attention beyond | first aid
is incapacitated for a period exceeding 72 hours, | must be filed with the
Department on a Department Accident | Report form within 5 days.
Accidents
that result in loss of | life shall be reported to the Department on a
Department form | within 48 hours.
| D. All required
accident reports and supplemental reports | are without
prejudice to the individual reporting, and are for | the confidential use
of the Department, except that the | Department may disclose the identity of
a person involved in an | accident when the identity is not otherwise known
or when the | person denies his presence at the accident. No report
to the | Department may be used as evidence in any trial, civil or | criminal,
arising out of an
accident, except that the | Department must furnish upon demand of any person
who has or | claims to have made a report or upon demand of any court
a | certificate showing that a specified accident report has or has | not been
made to the Department solely to prove a compliance or | a failure to comply
with the requirements that a report be made | to the Department.
| E. (1) Every coroner or medical examiner shall on or before | the 10th
day of each month report in writing to the | Department the circumstances
surrounding the death of any |
| person that has occurred as the result of a
boating | accident within the examiner's jurisdiction during the | preceding
calendar month.
| (2) Within 6 hours after a death resulting from a | boating accident,
but in any case not more than 12 hours | after the occurrence of the boating
accident, a blood | specimen of at least 10 cc shall be withdrawn from the
body | of the decedent by the coroner or medical examiner or by a | qualified
person at the direction of the physician. All | morticians shall obtain a
release from the coroner or | medical examiner prior to proceeding with
embalming any | body coming under the scope of this Section. The blood so
| drawn shall be forwarded to a laboratory approved by the | Department of
State Police for analysis of the alcoholic | content of the
blood specimen.
The coroner or medical | examiner causing the blood to be withdrawn shall be
| notified of the results of each analysis made and shall | forward the results
of each analysis to the Department. The | Department shall keep a record of
all examinations to be | used for statistical purposes only. The cumulative
results | of the examinations, without identifying the individuals | involved,
shall be disseminated and made public by the | Department.
| (Source: P.A. 93-782, eff. 1-1-05.)
| (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
| Sec. 11A-5. A person may not operate a watercraft during | any period when his or her privilege to operate a watercraft is | suspended or revoked in this State, by another state, by a | federal agency, or by a province of Canada. Any person who | operates any watercraft during the period when
he is denied the | privilege to so operate is guilty of a Class A misdemeanor
for | a first offense and a Class 4 felony for a second or subsequent
| offense.
| (Source: P.A. 93-782, eff. 1-1-05.)
|
Effective Date: 1/1/2006
|
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