Public Act 094-0214
 
HB1339 Enrolled LRB094 05374 DRH 35419 b

    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