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Public Act 094-0214 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Snowmobile Registration and Safety Act is | ||||
amended by changing Sections 5-7 and 10-3 as follows:
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(625 ILCS 40/5-7)
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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.
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(a) A person may not operate or be in actual physical | ||||
control of a
snowmobile within this State
while:
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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;
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2. The person is under the influence of alcohol;
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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;
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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;
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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
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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.
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(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.
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(d) Every person convicted of violating this Section is | ||
guilty of a
Class 4 felony if:
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1. The person has a previous conviction under this | ||
Section;
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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
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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
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5-7.1.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)
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(625 ILCS 40/10-3)
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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.
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(Source: P.A. 89-55, eff. 1-1-96.)
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Section 10. The Boat Registration and Safety Act is amended | ||
by changing Sections 5-16, 6-1, and 11A-5 as follows:
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(625 ILCS 45/5-16)
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Sec. 5-16. Operating a watercraft under the influence of | ||
alcohol,
other drug or drugs, intoxicating compound or | ||
compounds, or combination
thereof.
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(A) 1. A person shall not operate or be in actual physical | ||
control of
any
watercraft within this State while:
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(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;
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(b) Under the influence of alcohol;
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(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;
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(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;
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(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
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(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.
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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.
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3. Every person convicted of violating this Section | ||
shall be guilty of a
Class A misdemeanor, except as | ||
otherwise provided in this Section.
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4. Every person convicted of violating this Section | ||
shall be guilty of a
Class 4 felony if:
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(a) He has a previous conviction under this | ||
Section;
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(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).
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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.
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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.
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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.
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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.
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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.
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(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.
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(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
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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.
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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.
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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.
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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.
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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.)
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