|
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.)
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