093_HB1237enr

 
HB1237 Enrolled                      LRB093 04014 DRH 04053 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 3.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or breath is 0.08 or more  based  on  the  definition  of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under   the   influence   of  any  intoxicating
17        compound or combination of intoxicating  compounds  to  a
18        degree  that  renders  the  person  incapable  of driving
19        safely;
20             (4)  under  the  influence  of  any  other  drug  or
21        combination of drugs to a degree that renders the  person
22        incapable of safely driving;
23             (5)  under  the combined influence of alcohol, other
24        drug or drugs, or intoxicating compound or compounds to a
25        degree  that  renders  the  person  incapable  of  safely
26        driving; or
27             (6)  there is any amount of a  drug,  substance,  or
28        compound   in   the  person's  breath,  blood,  or  urine
29        resulting  from  the  unlawful  use  or  consumption   of
30        cannabis listed in the Cannabis Control Act, a controlled
31        substance  listed  in  the Illinois Controlled Substances
 
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 1        Act, or an intoxicating compound listed  in  the  Use  of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug  or drugs, or intoxicating compound or compounds, or any
 6    combination thereof,  shall not constitute a defense  against
 7    any charge of violating this Section.
 8        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
 9    and (d) of this Section, every person convicted of  violating
10    this  Section  or  a  similar provision of a local ordinance,
11    shall be guilty of a Class A misdemeanor and, in addition  to
12    any  other  criminal or administrative action, for any second
13    conviction of violating this Section or a  similar  provision
14    of a law of another state or local ordinance committed within
15    5  years of a previous violation of this Section or a similar
16    provision of a local ordinance shall be mandatorily sentenced
17    to a minimum of 5 days  of  imprisonment  or  assigned  to  a
18    minimum  of 30 days of community service as may be determined
19    by the  court.  Every  person  convicted  of  violating  this
20    Section  or a similar provision of a local ordinance shall be
21    subject to an additional mandatory minimum fine of  $500  and
22    an  additional  mandatory  5  days  of community service in a
23    program  benefiting  children  if  the  person  committed   a
24    violation  of paragraph (a) or a similar provision of a local
25    ordinance while transporting a person under  age  16.   Every
26    person  convicted a second time for violating this Section or
27    a similar provision of a local ordinance within 5 years of  a
28    previous  violation of this Section or a similar provision of
29    a law of another state or local ordinance shall be subject to
30    an  additional  mandatory  minimum  fine  of  $500   and   an
31    additional  10  days  of  mandatory  community  service  in a
32    program  benefiting  children  if  the  current  offense  was
33    committed while transporting a  person  under  age  16.   The
34    imprisonment or assignment under this subsection shall not be
 
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 1    subject  to  suspension  nor shall the person be eligible for
 2    probation in order to reduce the sentence or assignment.
 3        (c-1) (1)  A person who violates this  Section  during  a
 4        period in which his or her driving privileges are revoked
 5        or  suspended, where the revocation or suspension was for
 6        a violation of this Section, Section 11-501.1,  paragraph
 7        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
 8        Code of 1961 is guilty of a Class 4 felony.
 9             (2)  A person who violates this Section a third time
10        during a period in which his or  her  driving  privileges
11        are   revoked   or  suspended  where  the  revocation  or
12        suspension was for a violation of this  Section,  Section
13        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
14        of  the  Criminal  Code  of  1961  is guilty of a Class 3
15        felony.
16             (3)  A person who violates this Section a fourth  or
17        subsequent  time  during  a  period  in  which his or her
18        driving privileges are revoked  or  suspended  where  the
19        revocation  or  suspension  was  for  a violation of this
20        Section,  Section  11-501.1,  paragraph  (b)  of  Section
21        11-401, or Section 9-3 of the Criminal Code  of  1961  is
22        guilty of a Class 2 felony.
23        (c-2)  (Blank).
24        (c-3)  Every  person  convicted of violating this Section
25    or a similar provision of a local ordinance who had  a  child
26    under  age 16 in the vehicle at the time of the offense shall
27    have his or her punishment under this Act enhanced by 2  days
28    of  imprisonment for a first offense, 10 days of imprisonment
29    for a second offense, 30 days of  imprisonment  for  a  third
30    offense,  and  90  days  of  imprisonment  for  a  fourth  or
31    subsequent  offense,  in  addition  to the fine and community
32    service  required  under  subsection  (c)  and  the  possible
33    imprisonment required under subsection (d).  The imprisonment
34    or assignment under this subsection shall not be  subject  to
 
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 1    suspension  nor shall the person be eligible for probation in
 2    order to reduce the sentence or assignment.
 3        (c-4)  When a person is convicted  of  violating  Section
 4    11-501  of  this  Code  or  a  similar  provision  of a local
 5    ordinance, the following penalties  apply  when  his  or  her
 6    blood,  breath,  or  urine  was  .16  or  more  based  on the
 7    definition of  blood,  breath,  or  urine  units  in  Section
 8    11-501.2  or  when that person is convicted of violating this
 9    Section while transporting a child under the age of 16:
10             (1)  A  person  who  is   convicted   of   violating
11        subsection  (a)  of  Section  11-501 of this Code a first
12        time, in addition  to  any  other  penalty  that  may  be
13        imposed  under  subsection (c), is subject to a mandatory
14        minimum of 100 hours of community service and  a  minimum
15        fine of $500.
16             (2)  A   person   who   is  convicted  of  violating
17        subsection (a) of Section 11-501 of this  Code  a  second
18        time  within  10  years, in addition to any other penalty
19        that may be imposed under subsection (c), is subject to a
20        mandatory minimum of 2 days of imprisonment and a minimum
21        fine of $1,250.
22             (3)  A  person  who  is   convicted   of   violating
23        subsection  (a)  of  Section  11-501 of this Code a third
24        time within 20 years is guilty of a Class 4  felony  and,
25        in  addition  to  any  other  penalty that may be imposed
26        under subsection (c), is subject to a  mandatory  minimum
27        of 90 days of imprisonment and a minimum fine of $2,500.
28             (4)  A  person  who  is  convicted of violating this
29        subsection (c-4) a fourth or subsequent time is guilty of
30        a Class 2 felony and, in addition to  any  other  penalty
31        that may be imposed under subsection (c), is not eligible
32        for  a sentence of probation or conditional discharge and
33        is subject to a minimum fine of $2,500.
34        (d) (1)  Every person convicted of committing a violation
 
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 1        of this Section shall be  guilty  of  aggravated  driving
 2        under  the  influence of alcohol, other drug or drugs, or
 3        intoxicating compound or compounds,  or  any  combination
 4        thereof if:
 5                  (A)  the  person  committed a violation of this
 6             Section, or a similar provision of a law of  another
 7             state  or a local ordinance when the cause of action
 8             is the same as  or  substantially  similar  to  this
 9             Section, for the third or subsequent time;
10                  (B)  the   person   committed  a  violation  of
11             paragraph  (a)  while  driving  a  school  bus  with
12             children on board;
13                  (C)  the person in committing  a  violation  of
14             paragraph  (a)  was  involved  in  a  motor  vehicle
15             accident  that  resulted  in  great  bodily  harm or
16             permanent disability or  disfigurement  to  another,
17             when  the  violation  was  a  proximate cause of the
18             injuries;
19                  (D)  the  person  committed  a   violation   of
20             paragraph  (a)  for  a  second  time  and  has  been
21             previously convicted of violating Section 9-3 of the
22             Criminal  Code of 1961 relating to reckless homicide
23             in which the person  was  determined  to  have  been
24             under the influence of alcohol, other drug or drugs,
25             or  intoxicating compound or compounds as an element
26             of the offense or the  person  has  previously  been
27             convicted  under  subparagraph (C) of this paragraph
28             (1); or
29                  (E)  the person, in committing a  violation  of
30             paragraph (a) while driving at any speed in a school
31             speed  zone at a time when a speed limit of 20 miles
32             per hour was  in  effect  under  subsection  (a)  of
33             Section 11-605 of this Code, was involved in a motor
34             vehicle accident that resulted in bodily harm, other
 
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 1             than  great  bodily  harm or permanent disability or
 2             disfigurement, to another person, when the violation
 3             of paragraph (a) was a proximate cause of the bodily
 4             harm.
 5             (2)  Aggravated  driving  under  the  influence   of
 6        alcohol, other drug or drugs, or intoxicating compound or
 7        compounds,  or  any  combination  thereof  is  a  Class 4
 8        felony.  For a violation of subparagraph (C) of paragraph
 9        (1) of this subsection (d), the defendant,  if  sentenced
10        to a term of imprisonment, shall be sentenced to not less
11        than   one   year  nor  more  than  12  years.   For  any
12        prosecution under this subsection (d), a  certified  copy
13        of  the  driving  abstract  of  the  defendant  shall  be
14        admitted as proof of any prior conviction.
15        (e)  After  a  finding  of  guilt  and prior to any final
16    sentencing, or an order for supervision, for an offense based
17    upon an arrest for a violation of this Section or  a  similar
18    provision of a local ordinance, individuals shall be required
19    to  undergo  a  professional  evaluation  to  determine if an
20    alcohol, drug, or intoxicating compound abuse problem  exists
21    and  the extent of the problem, and undergo the imposition of
22    treatment   as   appropriate.   Programs   conducting   these
23    evaluations shall be licensed  by  the  Department  of  Human
24    Services.   The  cost of any professional evaluation shall be
25    paid  for  by  the  individual  required   to   undergo   the
26    professional evaluation.
27        (e-1)  Any person who is found guilty of or pleads guilty
28    to  violating  this Section, including any person receiving a
29    disposition of court supervision for violating this  Section,
30    may  be required by the Court to attend a victim impact panel
31    offered  by,  or  under  contract  with,  a  County   State's
32    Attorney's office, a probation and court services department,
33    Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
34    Intoxicated  Motorists.  All  costs  generated  by the victim
 
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 1    impact panel shall be  paid  from  fees  collected  from  the
 2    offender or as may be determined by the court.
 3        (f)  Every person found guilty of violating this Section,
 4    whose operation of a motor vehicle while in violation of this
 5    Section  proximately  caused  any  incident  resulting  in an
 6    appropriate emergency  response,  shall  be  liable  for  the
 7    expense  of  an  emergency response as provided under Section
 8    5-5-3 of the Unified Code of Corrections.
 9        (g)  The Secretary of  State  shall  revoke  the  driving
10    privileges  of  any  person convicted under this Section or a
11    similar provision of a local ordinance.
12        (h)  Every person sentenced under paragraph (2) or (3) of
13    subsection (c-1) of this Section or subsection  (d)  of  this
14    Section  and  who receives a term of probation or conditional
15    discharge shall be required to serve a minimum term of either
16    60 days community service or 10 days  of  imprisonment  as  a
17    condition  of  the  probation or conditional discharge.  This
18    mandatory minimum  term  of  imprisonment  or  assignment  of
19    community  service  shall  not  be suspended and shall not be
20    subject to reduction by the court.
21        (i)  The Secretary of State  shall  require  the  use  of
22    ignition  interlock  devices  on  all  vehicles  owned  by an
23    individual who has been convicted of a second  or  subsequent
24    offense  of  this  Section  or a similar provision of a local
25    ordinance.   The  Secretary  shall  establish  by  rule   and
26    regulation  the  procedures  for certification and use of the
27    interlock system.
28        (j)  In addition to any other penalties and  liabilities,
29    a person who is found guilty of or pleads guilty to violating
30    this   Section,   including   any   person  placed  on  court
31    supervision for violating this Section, shall be fined  $100,
32    payable  to the circuit clerk, who shall distribute the money
33    to the law enforcement agency that made the arrest.   If  the
34    person  has  been  previously  convicted  of  violating  this
 
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 1    Section or a similar provision of a local ordinance, the fine
 2    shall  be  $200.   In  the event that more than one agency is
 3    responsible for the arrest, the $100 or $200 shall be  shared
 4    equally.   Any  moneys  received  by a law enforcement agency
 5    under this subsection (j)  shall  be  used  to  purchase  law
 6    enforcement  equipment  that will assist in the prevention of
 7    alcohol related criminal violence throughout the State.  This
 8    shall include, but is not limited to, in-car  video  cameras,
 9    radar  and  laser speed detection devices, and alcohol breath
10    testers. Any moneys  received  by  the  Department  of  State
11    Police  under this subsection (j) shall be deposited into the
12    State Police DUI Fund and  shall  be  used  to  purchase  law
13    enforcement  equipment  that will assist in the prevention of
14    alcohol related criminal violence throughout the State.
15    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
16    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
17    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
18    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

19        Section 4.  The Snowmobile Registration and Safety Act is
20    amended  by  changing Sections 2-2, 5-7, 5-7.1, 5-7.2, 5-7.3,
21    5-7.4, and 5-7.5 and adding Section 5-7.6 as follows:

22        (625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
23        Sec. 2-2.  Inspection; seizure; impoundment.
24        (a)  Agents of the Department or  other  duly  authorized
25    police  officers  may  stop and inspect any snowmobile at any
26    time for the purpose of determining if the provisions of this
27    Act are being complied with. If  the  inspecting  officer  or
28    agent  discovers any violation of the provisions of this Act,
29    he must issue a summons to the operator  of  such  snowmobile
30    requiring  that  the operator appear before the circuit court
31    for the county within which the offense was committed.
32        (b)  Every snowmobile subject to this Act, if  under  way
 
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 1    and  upon  being  hailed  by  a  designated  law  enforcement
 2    officer, must stop immediately.
 3        (c)  Agents  of  the Department and other duly authorized
 4    police  officers  may  seize  and  impound,  at  the  owner's
 5    expense,  any  snowmobile  involved  in  an  accident  or   a
 6    violation of subsection B of Section 5-1 or of Section 5-7 of
 7    this Act.
 8        (d)  If  a snowmobile is causing a traffic hazard because
 9    of its position in relation to the highway  or  its  physical
10    appearance  is causing the impeding of traffic, its immediate
11    removal from the highway or private property adjacent to  the
12    highway  by  a  towing  service  may  be  authorized by a law
13    enforcement agency having jurisdiction.
14        (e)  Whenever a peace officer reasonably believes that  a
15    person  under  arrest  for  a  violation  of  subsection B of
16    Section 5-1 or Section 5-7 of this Act or  similar  provision
17    of  a  local  ordinance, is likely, upon release, to commit a
18    subsequent violation  of  subsection  B  of  Section  5-1  or
19    Section  5-7 or a similar provision of a local ordinance, the
20    arresting officer shall have the snowmobile which the  person
21    was  operating  at  the  time  of  the arrest impounded for a
22    period of not more than  12  hours  after  the  time  of  the
23    arrest.  The  snowmobile may be released by the arresting law
24    enforcement agency without impoundment, or  may  be  released
25    prior to the end of the impoundment period, however, if:
26             (1)  the  snowmobile  was  not  owned  by the person
27        under arrest, and the lawful owner requesting release  of
28        the  snowmobile  possesses  proof of ownership, and would
29        not, as  determined  by  the  arresting  law  enforcement
30        agency:  (i)  indicate  a  lack  of  ability to operate a
31        snowmobile in  a  safe  manner,  or  (ii)  otherwise,  by
32        operating the snowmobile, be in violation of this Act; or
33             (2)  the  snowmobile  is  owned  by the person under
34        arrest, and the person under arrest gives  permission  to
 
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 1        another  person  to operate the snowmobile, and the other
 2        person would not, as  determined  by  the  arresting  law
 3        enforcement  agency:  (i)  indicate  a lack of ability to
 4        operate a snowmobile in a safe manner, or (ii) otherwise,
 5        by operating the snowmobile, be in violation of this Act.
 6    (Source: P.A. 77-1312.)

 7        (625 ILCS 40/5-7)
 8        Sec.  5-7.  Operating  a  snowmobile  while   under   the
 9    influence  of  alcohol  or  other drug or drugs, intoxicating
10    compound or compounds, or a  combination  of  them;  criminal
11    penalties; suspension of operating privileges.
12        (a)  A  person  may  not operate or be in actual physical
13    control of a snowmobile within this State while:
14             1.  The alcohol concentration in that person's blood
15        or breath is a concentration at  which  driving  a  motor
16        vehicle is prohibited under subdivision (1) of subsection
17        (a) of Section 11-501 of the Illinois Vehicle Code;
18             2.  The person is under the influence of alcohol;
19             3.  The  person  is under the influence of any other
20        drug or combination of drugs to  a  degree  that  renders
21        that person incapable of safely operating a snowmobile;
22             3.1.  The  person  is  under  the  influence  of any
23        intoxicating  compound  or  combination  of  intoxicating
24        compounds to a degree that renders the  person  incapable
25        of safely operating a snowmobile;
26             4.  The  person  is  under the combined influence of
27        alcohol and any  other  drug  or  drugs  or  intoxicating
28        compound  or  compounds  to  a  degree  that renders that
29        person incapable of safely operating a snowmobile; or
30             5.  There is any amount of  a  drug,  substance,  or
31        compound   in  that  person's  breath,  blood,  or  urine
32        resulting  from  the  unlawful  use  or  consumption   of
33        cannabis   listed   in   the  Cannabis  Control  Act,  or
 
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 1        controlled substance listed in  the  Illinois  Controlled
 2        Substances  Act,  or  intoxicating compound listed in the
 3        use of Intoxicating Compounds Act.
 4        (b)  The fact that a person charged with  violating  this
 5    Section  is  or  has been legally entitled to use alcohol, or
 6    other drug or drugs, any intoxicating compound or  compounds,
 7    or  any  combination  of  them  does not constitute a defense
 8    against a charge of violating this Section.
 9        (c)  Every person convicted of violating this Section  or
10    a similar provision of a local ordinance is guilty of a Class
11    A misdemeanor, except as otherwise provided in this Section.
12        (d)  Every  person convicted of violating this Section is
13    guilty of a Class 4 felony if:
14             1.  The person has a previous conviction under  this
15        Section; or
16             2.  The  offense  results in personal injury where a
17        person other than the operator suffers great bodily  harm
18        or   permanent  disability  or  disfigurement,  when  the
19        violation was a proximate cause of the injuries. A person
20        guilty of a Class 4 felony under  this  paragraph  2,  if
21        sentenced  to  a term of imprisonment, shall be sentenced
22        to not less than one year nor more than 12 years; or
23             3.  The offense occurred during a  period  in  which
24        the  person's  privileges  to  operate  a  snowmobile are
25        revoked or suspended, and the  revocation  or  suspension
26        was  for a violation of this Section or was imposed under
27        Section 5-7.1.
28        (e)  Every person convicted of violating this Section  is
29    guilty  of  a  Class  2  felony if the offense results in the
30    death of a person. A person guilty of a Class 2 felony  under
31    this  subsection (e), if sentenced to a term of imprisonment,
32    shall be sentenced to a term of not less than 3 years and not
33    more than 14 years.
34        (e-1)  Every person convicted of violating  this  Section
 
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 1    or  a  similar provision of a local ordinance who had a child
 2    under the age of 16 on board the snowmobile at  the  time  of
 3    offense  shall be subject to a mandatory minimum fine of $500
 4    and shall be subject to a mandatory  minimum  of  5  days  of
 5    community  service  in  a  program  benefiting  children. The
 6    assignment under this subsection  shall  not  be  subject  to
 7    suspension  nor shall the person be eligible for probation in
 8    order to reduce the assignment.
 9        (e-2)  Every  person  found  guilty  of  violating   this
10    Section,  whose  operation of a snowmobile while in violation
11    of this Section proximately caused any incident resulting  in
12    an  appropriate  emergency  response, shall be liable for the
13    expense of an emergency response as  provided  under  Section
14    5-5-3 of the Unified Code of Corrections.
15        (e-3)  In   addition   to   any   other   penalties   and
16    liabilities,  a  person who is found guilty of violating this
17    Section, including any person placed  on  court  supervision,
18    shall  be fined $100, payable to the circuit clerk, who shall
19    distribute the money to the law enforcement agency that  made
20    the  arrest.  In  the  event  that  more  than  one agency is
21    responsible for the arrest, the $100 shall be shared equally.
22    Any moneys received by a law enforcement  agency  under  this
23    subsection  (e-3)  shall  be used to purchase law enforcement
24    equipment or to provide law enforcement  training  that  will
25    assist in the prevention of alcohol related criminal violence
26    throughout   the   State.  Law  enforcement  equipment  shall
27    include, but is not limited to, in-car video  cameras,  radar
28    and   laser  speed  detection  devices,  and  alcohol  breath
29    testers.
30        (f)  In addition to any criminal penalties  imposed,  the
31    Department  of  Natural  Resources Conservation shall suspend
32    the snowmobile operation privileges of a person convicted  or
33    found guilty of a misdemeanor under this Section for a period
34    of  one  year,  except  that  first-time  offenders receiving
 
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 1    supervision  are  exempt  from  this   mandatory   one   year
 2    suspension.
 3        (g)  In  addition  to any criminal penalties imposed, the
 4    Department of Natural Resources shall suspend for a period of
 5    5 years the snowmobile operation  privileges  of  any  person
 6    convicted  or  found guilty of a felony under this Section or
 7    for a period of 5 years if  the  person  is  convicted  of  a
 8    felony under this Section.
 9    (Source: P.A. 92-615, eff. 1-1-03.)

10        (625 ILCS 40/5-7.1)
11        Sec. 5-7.1.  Implied consent.
12        (a)  A  person  who  operates  or  is  in actual physical
13    control of a snowmobile in this State is deemed to have given
14    consent to a chemical test or  tests  of  blood,  breath,  or
15    urine  for the purpose of determining the content of alcohol,
16    or other drug or drugs, intoxicating compound  or  compounds,
17    or a combination of them in content of that person's blood if
18    arrested  for  a violation of Section 5-7.  The chemical test
19    or tests shall  be  administered  at  the  direction  of  the
20    arresting  officer.  The law enforcement agency employing the
21    officer shall designate which tests shall be administered.  A
22    urine test may be administered even after a blood  or  breath
23    test or both has been administered.
24        (a-1)  For  the purposes of this Section, an Illinois law
25    enforcement officer of this State who  is  investigating  the
26    person for any offense defined in Section 5-7 may travel into
27    an adjoining state, where the person has been transported for
28    medical care to complete an investigation and to request that
29    the  person  submit  to  the  test or tests set forth in this
30    Section. The requirements of this Section that the person  be
31    arrested  are  inapplicable,  but the officer shall issue the
32    person a uniform  citation  for  an  offense  as  defined  in
33    Section 5-7 or a similar provision of a local ordinance prior
 
HB1237 Enrolled            -14-      LRB093 04014 DRH 04053 b
 1    to  requesting  that  the person submit to the test or tests.
 2    The issuance of the uniform citation shall not constitute  an
 3    arrest,  but shall be for the purpose of notifying the person
 4    that he or she is subject to the provisions of  this  Section
 5    and  of  the  officer's  belief  of the existence of probable
 6    cause to arrest. Upon returning to this  State,  the  officer
 7    shall file the uniform citation with the circuit clerk of the
 8    county  where  the  offense  was committed and shall seek the
 9    issuance of an arrest warrant or a summons for the person.
10        (a-2)  Notwithstanding any ability to refuse  under  this
11    Act  to  submit  to  these tests or any ability to revoke the
12    implied consent to these tests, if a law enforcement  officer
13    has  probable  cause to believe that a snowmobile operated by
14    or under actual  physical  control  of  a  person  under  the
15    influence  of  alcohol,  other  drug  or  drugs, intoxicating
16    compound or compounds, or any combination of them has  caused
17    the  death  or  personal injury to another, that person shall
18    submit, upon the request of a law enforcement officer,  to  a
19    chemical  test or tests of his or her blood, breath, or urine
20    for the purpose of determining the  alcohol  content  or  the
21    presence  of  any  other drug or combination of both. For the
22    purposes of this Section, a personal injury  includes  severe
23    bleeding  wounds,  distorted  extremities,  and injuries that
24    require the injured party to be carried from  the  scene  for
25    immediate  professional attention in either a doctor's office
26    or a medical facility.
27        (b)  A  person  who  is  dead,  unconscious,  or  who  is
28    otherwise in a condition rendering that person  incapable  of
29    refusal, is deemed not to have withdrawn the consent provided
30    in subsection (a), and the test or tests may be administered.
31        (c)  A  person  requested to submit to a test as provided
32    in  this  Section  shall  be  verbally  advised  by  the  law
33    enforcement officer requesting the test  that  a  refusal  to
34    submit to the test will result in suspension of that person's
 
HB1237 Enrolled            -15-      LRB093 04014 DRH 04053 b
 1    privilege to operate a snowmobile for a minimum of 2 years.
 2        (d)  Following  this  warning,  if  a person under arrest
 3    refuses upon the request of  a  law  enforcement  officer  to
 4    submit to a test designated by the officer, no tests test may
 5    be given, but the law enforcement officer shall file with the
 6    clerk of the circuit court for the county in which the arrest
 7    was  made,  and  with  the Department of Natural Resources, a
 8    sworn statement  naming  the  person  refusing  to  take  and
 9    complete  the  chemical  test  or  tests  requested under the
10    provisions  of  this  Section.   The  sworn  statement  shall
11    identify the arrested person, the person's current  residence
12    address  and  shall  specify that a refusal by that person to
13    take the chemical test or tests was made. The sworn statement
14    shall include a statement that  the  officer  had  reasonable
15    cause  to  believe  the person was operating or was in actual
16    physical control of the snowmobile within  this  State  while
17    under  the  influence  of alcohol, or other drug or drugs, an
18    intoxicating compound or compound, or a combination  of  them
19    and  that  a  chemical  test  or  tests  were requested as an
20    incident to and following the lawful arrest for an offense as
21    defined in Section 5-7 or a  similar  provision  of  a  local
22    ordinance,  and  that the person, after being arrested for an
23    offense arising out of acts alleged to  have  been  committed
24    while  operating  a  snowmobile,  refused  to  submit  to and
25    complete a chemical test or tests as  requested  by  the  law
26    enforcement officer.
27        (e)  The  law  enforcement  officer  submitting the sworn
28    statement shall  serve  immediate  written  notice  upon  the
29    person  refusing the chemical test or tests that the person's
30    privilege to operate a snowmobile within this State  will  be
31    suspended for a period of 2 years unless, within 28 days from
32    the  date  of  the  notice,  the person requests in writing a
33    hearing on the suspension. The clerk shall notify the  person
34    in   writing   that  the  person's  privilege  to  operate  a
 
HB1237 Enrolled            -16-      LRB093 04014 DRH 04053 b
 1    snowmobile will be suspended for a minimum of 2 years unless,
 2    within 28 days from the date of mailing of the  notice,  that
 3    person requests a hearing in writing.
 4        If  the person desires a hearing, the person shall file a
 5    complaint in the circuit  court  in  the  county  where  that
 6    person  was  arrested within 28 days from the date of mailing
 7    of the notice.  The hearing shall proceed in the court in the
 8    same manner as other civil proceedings.   The  hearing  shall
 9    cover  only the following issues:  (1) whether the person was
10    placed under arrest for an offense as defined in Section  5-7
11    or  a  similar provision of a local ordinance as evidenced by
12    the  issuance  of  a  uniform  citation;   (2)  whether   the
13    arresting  officer had reasonable grounds to believe that the
14    person was operating a snowmobile while under  the  influence
15    of  alcohol, or other drug or drugs, an intoxicating compound
16    or compounds, or a combination of them; and (3) whether  that
17    person refused to submit to and complete the chemical test or
18    tests  upon  the  request  of  the  law  enforcement officer.
19    Whether the person was informed that the  person's  privilege
20    to  operate  a  snowmobile  would be suspended if that person
21    refused to submit to the chemical test or tests may not be an
22    issue in the hearing.
23        If the person fails  to  request  a  hearing  in  writing
24    within  28 days of the date of the notice, or if a hearing is
25    held and the court finds against the  person  on  the  issues
26    before  the  court,  the  clerk  shall immediately notify the
27    Department of Natural Resources Conservation of  the  court's
28    decision,  and  the  Department  shall suspend the snowmobile
29    operation privileges of that person for at least 2 years.
30        (f)  (Blank) If the person fails to request a hearing  in
31    writing  within 28 days of the date of mailing of the notice,
32    the  clerk  shall  immediately  notify  the   Department   of
33    Conservation  that  no  request  for  a  hearing was received
34    within the statutory time period, and  the  Department  shall
 
HB1237 Enrolled            -17-      LRB093 04014 DRH 04053 b
 1    suspend  the  snowmobile  operation privileges of that person
 2    for at least 2 years.
 3        (f-1)  If the person submits to a test that discloses  an
 4    alcohol  concentration  of  0.08  or more, or any amount of a
 5    drug, substance, or intoxicating  compound  in  the  person's
 6    breath,  blood,  or  urine resulting from the unlawful use of
 7    cannabis listed in the Cannabis  Control  Act,  a  controlled
 8    substance  listed  in the Illinois Controlled Substances Act,
 9    or an intoxicating compound listed in the Use of Intoxicating
10    Compounds Act, the law enforcement officer shall  immediately
11    submit  a  sworn report to the circuit clerk of venue and the
12    Department of Natural Resources, certifying that the test  or
13    tests  was  or  were requested under subsection (a-1) of this
14    Section and the person submitted to testing that disclosed an
15    alcohol concentration of 0.08 or more.
16        In cases where the blood alcohol concentration of 0.08 or
17    greater  or  any  amount  of  drug,  substance,  or  compound
18    resulting from the unlawful use  of  cannabis,  a  controlled
19    substance,  or  an  intoxicating compound is established by a
20    subsequent analysis of blood or urine collected at  the  time
21    of  arrest,  the  arresting officer or arresting agency shall
22    immediately submit a sworn report to  the  circuit  clerk  of
23    venue and the Department of Natural Resources upon receipt of
24    the test results.
25        (g)  A  person  must submit to each chemical test offered
26    by the law  enforcement  officer  in  order  to  comply  with
27    implied consent provisions of this Section.
28        (h)  The  provision  of  Section 11-501.2 of the Illinois
29    Vehicle Code concerning the certification and use of chemical
30    tests applies to the use of those tests under this Section.
31    (Source: P.A. 89-55, eff. 1-1-96.)

32        (625 ILCS 40/5-7.2)
33        Sec. 5-7.2.  Chemical and other tests.
 
HB1237 Enrolled            -18-      LRB093 04014 DRH 04053 b
 1        (a)  Upon the trial of a  civil  or  criminal  action  or
 2    proceeding arising out of acts alleged to have been committed
 3    while  under  the  influence of alcohol, the concentration of
 4    alcohol in the person's blood or breath at the  time  alleged
 5    as shown by analysis of the person's blood, urine, breath, or
 6    other   bodily  substance  gives  rise  to  the  presumptions
 7    specified in subdivisions 1, 2, and 3 of  subsection  (b)  of
 8    Section 11-501.2 of the Illinois Vehicle Code.
 9        (b)  The  provisions  of  subsection  (a)  shall  not  be
10    construed  as limiting the introduction of any other relevant
11    evidence bearing upon the question  whether  the  person  was
12    under the influence of alcohol.
13        (c)  If  a  person  under  arrest  refuses to submit to a
14    chemical test under the provisions of Section 5-7.1, evidence
15    of refusal is admissible in a civil  or  criminal  action  or
16    proceeding arising out of acts alleged to have been committed
17    while  the  person  under  the influence of alcohol, or other
18    drug or drugs, an intoxicating compound or  compounds,  or  a
19    combination of them was operating a snowmobile.
20    (Source: P.A. 89-55, eff. 1-1-96; 90-215, eff. 1-1-98.)

21        (625 ILCS 40/5-7.3)
22        Sec.  5-7.3.   Supervision  of  operator; notification; 6
23    hour operating limitation.
24        (a)  The  owner  of  a   snowmobile   or   person   given
25    supervisory  authority  over  a snowmobile, may not knowingly
26    permit a snowmobile to be operated  by  a  person  under  the
27    influence  of  alcohol,  other drug or drugs, an intoxicating
28    compound or compounds, or a combination of them.
29        (b)  Whenever a person is convicted or found guilty of  a
30    violation  of  Section  5-7,  including  any person placed on
31    court supervision, the court shall notify the Office  of  Law
32    Enforcement  of  the Department of Natural Resources with the
33    records essential for the  performance  of  the  Department's
 
HB1237 Enrolled            -19-      LRB093 04014 DRH 04053 b
 1    duties  to  monitor  and  enforce  an  order of suspension or
 2    revocation concerning the person's  privilege  to  operate  a
 3    snowmobile.
 4        (c)  A  person  who  has  been  arrested and charged with
 5    violating Section 5-7 may not  operate  a  snowmobile  within
 6    this  State  for  a  period of 24 6 hours after that person's
 7    arrest.
 8    (Source: P.A. 89-55, eff. 1-1-96.)

 9        (625 ILCS 40/5-7.4)
10        Sec. 5-7.4.  Admissibility of  chemical  tests  of  blood
11    conducted  in  the  regular  course  of  providing  emergency
12    medical treatment alcohol tests.
13        (a)  Notwithstanding  any  other  provision  of  law, the
14    written results of blood  alcohol  tests  performed  for  the
15    purpose  of determining the content of alcohol, other drug or
16    drugs, intoxicating compound or compounds, or any combination
17    of them in  an  individual's  blood  conducted  upon  persons
18    receiving medical treatment in a hospital emergency room, are
19    admissible  in evidence as a business record exception to the
20    hearsay rule only in prosecutions for a violation of  Section
21    5-7  of  this Act or a similar provision of a local ordinance
22    or in prosecutions for reckless homicide  brought  under  the
23    Criminal Code of 1961.
24        The results of the tests are admissible only when each of
25    the following criteria are met:
26             1.  The    chemical    tests   performed   upon   an
27        individual's blood were ordered in the regular course  of
28        providing  emergency  treatment and not at the request of
29        law enforcement authorities; and The blood alcohol  tests
30        were  ordered  by  a  physician  on  duty at the hospital
31        emergency room and were performed in the  regular  course
32        of  providing  emergency  medical  treatment  in order to
33        assist the physician in diagnosis or treatment;
 
HB1237 Enrolled            -20-      LRB093 04014 DRH 04053 b
 1             2.  The   chemical   tests   performed    upon    an
 2        individual's  blood  were  performed  by  the  laboratory
 3        routinely  used  by the hospital. The blood alcohol tests
 4        were performed by the hospital's own laboratory; and
 5             3.  (Blank) The written results of the blood alcohol
 6        tests were received and considered by  the  physician  on
 7        duty  at  the  hospital  emergency  room  to  assist that
 8        physician in diagnosis or treatment.
 9        Results of chemical tests performed upon an  individual's
10    blood  are  admissible  into  evidence regardless of the time
11    that the records were prepared.
12        (b)  The confidentiality provisions of law pertaining  to
13    medical records and medical treatment are not applicable with
14    regard  to  chemical  blood  alcohol  tests  performed upon a
15    person's blood or urine under the provisions of this  Section
16    in  prosecutions  as  specified  in  subsection  (a)  of this
17    Section.  No person shall be liable for civil  damages  as  a
18    result  of  the  evidentiary  use  of the results of chemical
19    testing of the individual's blood alcohol tests results under
20    this Section or as a result of that person's  testimony  made
21    available under this Section.
22    (Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)

23        (625 ILCS 40/5-7.5)
24        Sec. 5-7.5.  Preliminary breath screening test.  If a law
25    enforcement  officer  has reasonable suspicion probable cause
26    to believe that a person is violating or has violated Section
27    5-7 or a similar provision of a local ordinance, the officer,
28    before an arrest, may request the person to provide a  sample
29    of  his or her breath for a preliminary breath screening test
30    using a portable device approved by the Department  of  State
31    Police.   The  results  of  this preliminary breath screening
32    test may be used by  the  law  enforcement  officer  for  the
33    purpose  of  assisting  with  the determination of whether to
 
HB1237 Enrolled            -21-      LRB093 04014 DRH 04053 b
 1    require a chemical test, as authorized under  Sections  5-7.1
 2    and  5-7.2  and the appropriate type of test to request.  Any
 3    chemical test authorized under Sections 5-7.1 and  5-7.2  may
 4    be  requested  by the officer regardless of the result of the
 5    preliminary breath screening test if probable  cause  for  an
 6    arrest  exists.  The result of a preliminary breath screening
 7    test  may  be  used  by  the  defendant  as  evidence  in  an
 8    administrative or court proceeding involving a  violation  of
 9    Section 5-7 or 5-7.1.
10    (Source: P.A. 91-828, eff. 1-1-01.)

11        (625 ILCS 40/5-7.6 new)
12        Sec.  5-7.6.  Reporting of test results of blood or urine
13    conducted  in  the  regular  course  of  providing  emergency
14    medical treatment.
15        (a)  Notwithstanding any  other  provision  of  law,  the
16    results  of blood or urine tests performed for the purpose of
17    determining the content of  alcohol,  other  drug  or  drugs,
18    intoxicating  compound  or  compounds,  or any combination of
19    them in  an  individual's  blood  or  urine,  conducted  upon
20    persons  receiving  medical treatment in a hospital emergency
21    room for injuries resulting from a snowmobile accident, shall
22    be disclosed to the Department of Natural Resources, or local
23    law enforcement agencies of jurisdiction, upon  request.  The
24    blood or urine tests are admissible in evidence as a business
25    record exception to the hearsay rule only in prosecutions for
26    violations of Section 5-7 of this Code or a similar provision
27    of  a  local  ordinance,  or  in  prosecutions  for  reckless
28    homicide brought under the Criminal Code of 1961.
29        (b)  The confidentiality provisions of the law pertaining
30    to  medical  records  and  medical  treatment  shall  not  be
31    applicable   with   regard   to   tests   performed  upon  an
32    individual's  blood  or  urine  under   the   provisions   of
33    subsection (a) of this Section. No person shall be liable for
 
HB1237 Enrolled            -22-      LRB093 04014 DRH 04053 b
 1    civil  damages  or  professional  discipline  as  a result of
 2    disclosure or reporting of the tests or the  evidentiary  use
 3    of  an  individual's  blood  or urine test results under this
 4    Section or Section 5-7.4 or as  a  result  of  that  person's
 5    testimony made available under this Section or Section 5-7.4,
 6    except for willful or wanton misconduct.

 7        Section  5.  The  Boat  Registration  and  Safety  Act is
 8    amended by changing Sections 2-2, 5-16, and 5-16a and  adding
 9    Section 5-16a.1 as follows:

10        (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
11        Sec. 2-2.  Inspection; removal; impoundment.
12        (a)  Agents  of  the  Department or other duly authorized
13    police officers may board and inspect any boat  at  any  time
14    for  the purpose of determining if this Act is being complied
15    with.   If  the  boarding  officer  or  agent  discovers  any
16    violation of this Act, he may issue a summons to the operator
17    of the boat requiring that the  operator  appear  before  the
18    circuit  court  for  the  county within which the offense was
19    committed.
20        (b)  Every vessel subject to this Act, if under  way  and
21    upon  being  hailed  by a designated law enforcement officer,
22    must stop immediately and lay to.
23        (c)  Agents of the Department and other  duly  authorized
24    police  officers may enforce all federal laws and regulations
25    which have been mutually agreed upon by the federal and state
26    governments and are applicable to the operation of watercraft
27    on navigable waters and federal impoundments where concurrent
28    jurisdiction   exists   between   the   federal   and   state
29    governments.
30        (d)  Agents of the Department and other  duly  authorized
31    police  officers  may  seize  and impound, at the owner's  or
32    operator's expense, any watercraft  involved  in   a  boating
 
HB1237 Enrolled            -23-      LRB093 04014 DRH 04053 b
 1    accident  or  a violation of Section 3A-21, 5-1, 5-2, or 5-16
 2    of this Act.
 3        (e)  If a watercraft is causing a traffic hazard  because
 4    of  its  position on a waterway or its physical appearance is
 5    causing the impeding of traffic, its immediate  removal  from
 6    the  waterway  by a towing service may be authorized by a law
 7    enforcement agency having jurisdiction.
 8        (f)  Whenever a peace officer reasonably believes that  a
 9    person  under  arrest  for a violation of Section 5-1, 5-2 or
10    5-16 of this Act or similar provision of a  local  ordinance,
11    is  likely, upon release, to commit a subsequent violation of
12    Section 5-1, 5-2 or 5-16 or a similar provision  of  a  local
13    ordinance,  the  arresting  officer shall have the watercraft
14    which the person was operating at  the  time  of  the  arrest
15    impounded  for  a  period of not more than 12 hours after the
16    time of the arrest. The watercraft may  be  released  by  the
17    arresting  law enforcement agency without impoundment, or may
18    be released prior to  the  end  of  the  impoundment  period,
19    however, if:
20             (1) the watercraft was not owned by the person under
21        arrest, and the lawful owner requesting release possesses
22        proof  of  ownership, and would not, as determined by the
23        arresting law enforcement agency: (i) indicate a lack  of
24        ability to operate a watercraft in a safe manner, or (ii)
25        otherwise,  by  operating the watercraft, be in violation
26        of this Act; or
27             (2)  the watercraft is owned  by  the  person  under
28    arrest,  and  the  person  under  arrest  gives permission to
29    another person to  operate  the  watercraft,  and  the  other
30    person   would  not,  as  determined  by  the  arresting  law
31    enforcement agency: (i) indicate a lack of ability to operate
32    a  watercraft  in  a  safe  manner,  or  (ii)  otherwise,  by
33    operating the watercraft, be in violation of this Act.
34    (Source: P.A. 87-798; 88-670, eff. 12-2-94.)
 
HB1237 Enrolled            -24-      LRB093 04014 DRH 04053 b
 1        (625 ILCS 45/5-16)
 2        Sec. 5-16.  Operating a watercraft under the influence of
 3    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 4    compounds, or combination thereof.
 5        (A) 1.  A person  shall  not  operate  or  be  in  actual
 6        physical  control  of  any  watercraft  within this State
 7        while:
 8                  (a)  The alcohol concentration in such person's
 9             blood or breath is a concentration at which  driving
10             a  motor vehicle is prohibited under subdivision (1)
11             of subsection (a) of Section 11-501 of the  Illinois
12             Vehicle Code;
13                  (b)  Under the influence of alcohol;
14                  (c)  Under  the  influence of any other drug or
15             combination of drugs to a degree which renders  such
16             person incapable of safely operating any watercraft;
17                  (c-1)  Under  the influence of any intoxicating
18             compound or combination of intoxicating compounds to
19             a degree that renders the person incapable of safely
20             operating any watercraft;
21                  (d)  Under the combined  influence  of  alcohol
22             and  any  other  drug  or  drugs  to  a degree which
23             renders such person incapable of safely operating  a
24             watercraft; or
25                  (e)  There  is any amount of a drug, substance,
26             or compound in the person's blood or urine resulting
27             from the unlawful use  or  consumption  of  cannabis
28             listed  as defined in the Cannabis Control Act, or a
29             controlled  substance   listed   in   the   Illinois
30             Controlled   Substances   Act,  or  an  intoxicating
31             compound listed in the Use of Intoxicating Compounds
32             Act.
33             2.  The fact that any person charged with  violating
34        this  Section  is  or  has  been  legally entitled to use
 
HB1237 Enrolled            -25-      LRB093 04014 DRH 04053 b
 1        alcohol,  or  other  drug  or  drugs,  any   intoxicating
 2        compound  or  compounds, or any combination of them both,
 3        shall not constitute a  defense  against  any  charge  of
 4        violating this Section.
 5             3.  Every person convicted of violating this Section
 6        shall  be  guilty  of  a  Class  A misdemeanor, except as
 7        otherwise provided in this Section.
 8             4.  Every person convicted of violating this Section
 9        shall be guilty of a Class 4 felony if:
10                  (a)  He has a previous  conviction  under  this
11             Section; or
12                  (b)  The  offense  results  in  personal injury
13             where a person other than the operator suffers great
14             bodily   harm    or    permanent    disability    or
15             disfigurement,  when  the  violation was a proximate
16             cause of the injuries.  A person guilty of a Class 4
17             felony under this subparagraph (b), if sentenced  to
18             a term of imprisonment, shall be sentenced to a term
19             of not less than one year nor more than 12 years; or
20                  (c)  The  offense  occurred  during a period in
21             which his or her privileges to operate a  watercraft
22             are  revoked  or  suspended,  and  the revocation or
23             suspension was for a violation of  this  Section  or
24             was imposed under subsection (B).
25             5.  Every person convicted of violating this Section
26        shall  be  guilty  of  a  Class  2  felony if the offense
27        results in the death of a person. A person  guilty  of  a
28        Class  2 felony under this paragraph 5, if sentenced to a
29        term of imprisonment, shall be sentenced to a term of not
30        less than 3 years and not more than 14 years.
31             5.1.  A person convicted of violating  this  Section
32        or  a  similar  provision  of a local ordinance who had a
33        child under the age of 16 aboard the  watercraft  at  the
34        time of offense is subject to a mandatory minimum fine of
 
HB1237 Enrolled            -26-      LRB093 04014 DRH 04053 b
 1        $500  and  to a mandatory minimum of  5 days of community
 2        service in a program benefiting children.  The assignment
 3        under this paragraph 5.1 is not subject to suspension and
 4        the person is not eligible  for  probation  in  order  to
 5        reduce the assignment.
 6             5.2.  A   person  found  guilty  of  violating  this
 7        Section, if his or her operation of a watercraft while in
 8        violation of this Section proximately caused any incident
 9        resulting in an appropriate emergency response, is liable
10        for the expense of  an  emergency  response  as  provided
11        under Section 5-5-3 of the Unified Code of Corrections.
12             5.3.  In   addition   to  any  other  penalties  and
13        liabilities, a person who is found  guilty  of  violating
14        this  Section,  including  any  person  placed  on  court
15        supervision,  shall be fined $100, payable to the circuit
16        clerk,  who  shall  distribute  the  money  to  the   law
17        enforcement  agency  that  made the arrest.  In the event
18        that more than one agency is responsible for the  arrest,
19        the $100 shall be shared equally.  Any moneys received by
20        a  law  enforcement agency under this paragraph 5.3 shall
21        be used to  purchase  law  enforcement  equipment  or  to
22        provide  law enforcement training that will assist in the
23        prevention   of   alcohol   related   criminal   violence
24        throughout the State.  Law  enforcement  equipment  shall
25        include,  but  is  not  limited to, in-car video cameras,
26        radar and laser  speed  detection  devices,  and  alcohol
27        breath testers.
28             6. (a)  In   addition   to  any  criminal  penalties
29             imposed, the Department of Natural  Resources  shall
30             suspend  the  watercraft operation privileges of any
31             person convicted or found guilty  of  a  misdemeanor
32             under  this Section for a period of one year, except
33             that a first  time  offender  is  exempt  from  this
34             mandatory one year suspension.
 
HB1237 Enrolled            -27-      LRB093 04014 DRH 04053 b
 1                  (b)  In  addition  to  any  criminal  penalties
 2             imposed,  the  Department of Natural Resources shall
 3             suspend the watercraft operation privileges  of  any
 4             person  convicted of a felony under this Section for
 5             a period of 3 years.
 6        (B) 1.  Any person who operates or is in actual  physical
 7        control  of  any watercraft upon the waters of this State
 8        shall be deemed to have given consent to a chemical  test
 9        or  tests  of  blood,  breath or urine for the purpose of
10        determining the content of alcohol, other drug or  drugs,
11        intoxicating   compound   or  compounds,  or  combination
12        thereof in the content of such person's blood if arrested
13        for any offense of subsection  (A)  above.  The  chemical
14        test  or  tests shall be administered at the direction of
15        the  arresting  officer.  The  law   enforcement   agency
16        employing  the officer shall designate which of the tests
17        shall be administered.  A urine test may be  administered
18        even  after  a  blood  or  breath  test  or both has been
19        administered.
20             1.1.  For the purposes of this Section, an  Illinois
21        Law   Enforcement   officer   of   this   State   who  is
22        investigating the  person  for  any  offense  defined  in
23        Section  5-16  may  travel into an adjoining state, where
24        the person has  been  transported  for  medical  care  to
25        complete  an  investigation,  and  may  request  that the
26        person submit to the test or  tests  set  forth  in  this
27        Section.   The  requirements  of  this  Section  that the
28        person be arrested  are  inapplicable,  but  the  officer
29        shall  issue the person a uniform citation for an offense
30        as defined in Section 5-16 or a similar  provision  of  a
31        local  ordinance  prior  to  requesting  that  the person
32        submit to the test or tests.  The issuance of the uniform
33        citation shall not constitute an arrest, but shall be for
34        the purpose of notifying the person that  he  or  she  is
 
HB1237 Enrolled            -28-      LRB093 04014 DRH 04053 b
 1        subject  to  the  provisions  of  this Section and of the
 2        officer's belief in the existence of  probable  cause  to
 3        arrest.   Upon returning to this State, the officer shall
 4        file the uniform citation with the circuit clerk  of  the
 5        county where the offense was committed and shall seek the
 6        issuance  of  an  arrest  warrant  or  a  summons for the
 7        person.
 8             1.2.  Notwithstanding any ability  to  refuse  under
 9        this  Act  to  submit  to  these  tests or any ability to
10        revoke the implied consent  to  these  tests,  if  a  law
11        enforcement  officer has probable cause to believe that a
12        watercraft operated by or under actual  physical  control
13        of a person under the influence of alcohol, other drug or
14        drugs,   intoxicating   compound  or  compounds,  or  any
15        combination of them has caused the death of  or  personal
16        injury  to  another,  that  person shall submit, upon the
17        request of a law enforcement officer, to a chemical  test
18        or  tests  of  his or her blood, breath, or urine for the
19        purpose  of  determining  the  alcohol  content  or   the
20        presence  of  any  other  drug, intoxicating compound, or
21        combination of them.  For the purposes of this Section, a
22        personal  injury   includes   severe   bleeding   wounds,
23        distorted  extremities,  and  injuries  that  require the
24        injured party to be carried from the scene for  immediate
25        professional  attention  in either a doctor's office or a
26        medical facility.
27             2.  Any person who is dead, unconscious  or  who  is
28        otherwise  in a condition rendering such person incapable
29        of refusal, shall be deemed not  to  have  withdrawn  the
30        consent provided above, and the test may be administered.
31             3.  A  person requested to submit to a chemical test
32        as provided above shall be verbally advised  by  the  law
33        enforcement officer requesting the test that a refusal to
34        submit  to  the  test  will  result in suspension of such
 
HB1237 Enrolled            -29-      LRB093 04014 DRH 04053 b
 1        person's privilege to operate a watercraft for a  minimum
 2        of  2  years.  Following  this warning, if a person under
 3        arrest refuses upon the  request  of  a  law  enforcement
 4        officer to submit to a test designated by the officer, no
 5        test none shall be given, but the law enforcement officer
 6        shall  file  with  the clerk of the circuit court for the
 7        county in  which  the  arrest  was  made,  and  with  the
 8        Department of Natural Resources, a sworn statement naming
 9        the  person  refusing  to  take and complete the chemical
10        test or tests requested  under  the  provisions  of  this
11        Section.    Such   sworn  statement  shall  identify  the
12        arrested person, such person's current residence  address
13        and  shall  specify that a refusal by such person to take
14        the  chemical  test  or  tests  was  made.   Such   sworn
15        statement  shall  include  a statement that the arresting
16        officer had reasonable cause to believe  the  person  was
17        operating  or  was  in  actual  physical  control  of the
18        watercraft within this State while under the influence of
19        alcohol, other drug or drugs,  intoxicating  compound  or
20        compounds,  or combination thereof and that such chemical
21        test or tests were made as an incident to  and  following
22        the  lawful  arrest  for  an  offense  as defined in this
23        Section or a similar provision of a local ordinance,  and
24        that  the  person  after  being  arrested  for an offense
25        arising out of acts alleged to have been committed  while
26        so  operating  a  watercraft  refused  to  submit  to and
27        complete a chemical test or tests as requested by the law
28        enforcement officer.
29             3.1.  The law  enforcement  officer  submitting  the
30        sworn  statement  as  provided  in  paragraph  3  of this
31        subsection (B) shall serve immediate written notice  upon
32        the  person  refusing the chemical test or tests that the
33        person's privilege to operate a  watercraft  within  this
34        State  will  be suspended for a period of 2 years unless,
 
HB1237 Enrolled            -30-      LRB093 04014 DRH 04053 b
 1        within 28 days from the date of the  notice,  the  person
 2        requests in writing a hearing on the suspension.
 3             The  clerk  shall  thereupon  notify  such person in
 4        writing  that  the  person's  privilege  to   operate   a
 5        watercraft  will be suspended unless, within 28 days from
 6        the date of mailing of  the  notice,  such  person  shall
 7        request  in  writing  a  hearing  thereon;  If the person
 8        desires a hearing, such person shall file a complaint  in
 9        the  circuit  court  for  and in the county in which such
10        person was arrested for such hearing. Such hearing  shall
11        proceed  in  the  court in the same manner as other civil
12        proceedings, shall cover only the issues of  whether  the
13        person  was placed under arrest for an offense as defined
14        in this  Section  or  a  similar  provision  of  a  local
15        ordinance  as  evidenced  by  the  issuance  of a uniform
16        citation; whether the arresting  officer  had  reasonable
17        grounds  to  believe  that  such  person  was operating a
18        watercraft while under the influence  of  alcohol,  other
19        drug  or  drugs,  intoxicating  compound or compounds, or
20        combination thereof; and whether such person  refused  to
21        submit  and  complete the chemical test or tests upon the
22        request of  the  law  enforcement  officer.  Whether  the
23        person  was  informed  that  such  person's  privilege to
24        operate a watercraft would be suspended  if  such  person
25        refused to submit to the chemical test or tests shall not
26        be an issue.
27             If  the person fails to request in writing a hearing
28        within 28 days from the date of notice, or if  a  hearing
29        is  held  and  the  court finds against the person on the
30        issues before the  court,  the  clerk  shall  immediately
31        notify the Department of Natural Resources of the court's
32        decision, and the Department shall suspend the watercraft
33        operation privileges of the person for at least 2 years.
34             3.2.  If the person submits to a test that discloses
 
HB1237 Enrolled            -31-      LRB093 04014 DRH 04053 b
 1        an  alcohol  concentration of 0.08 or more, or any amount
 2        of a drug, substance  or  intoxicating  compound  in  the
 3        person's  breath,  blood,  or  urine  resulting  from the
 4        unlawful use of cannabis listed in the  Cannabis  Control
 5        Act,  a  controlled  substance  listed  in  the  Illinois
 6        Controlled  Substances  Act,  or an intoxicating compound
 7        listed in the Use of Intoxicating Compounds Act, the  law
 8        enforcement  officer  shall  immediately  submit  a sworn
 9        report to the circuit clerk of venue and  the  Department
10        of  Natural  Resources, certifying that the test or tests
11        were requested under paragraph 1 of this  subsection  (B)
12        and  the  person  submitted  to testing that disclosed an
13        alcohol concentration of 0.08 or more.
14             In cases where the blood  alcohol  concentration  of
15        0.08  or  greater  or  any  amount  of drug, substance or
16        compound resulting from the unlawful use of  cannabis,  a
17        controlled  substance  or  an  intoxicating  compound  is
18        established  by  a  subsequent analysis of blood or urine
19        collected at the time of arrest, the arresting officer or
20        arresting agency shall immediately submit a sworn  report
21        to  the  circuit  clerk  of  venue  and the Department of
22        Natural Resources upon receipt of the test results.
23             4.  A person  must  submit  to  each  chemical  test
24        offered by the law enforcement officer in order to comply
25        with the implied consent provisions of this Section.
26             5.  The   provisions  of  Section  11-501.2  of  the
27        Illinois  Vehicle  Code,  as  amended,   concerning   the
28        certification  and use of chemical tests apply to the use
29        of such tests under this Section.
30        (C)  Upon the trial of any civil or  criminal  action  or
31    proceeding arising out of acts alleged to have been committed
32    by  any  person  while operating a watercraft while under the
33    influence of alcohol, the concentration  of  alcohol  in  the
34    person's  blood  or  breath  at  the time alleged as shown by
 
HB1237 Enrolled            -32-      LRB093 04014 DRH 04053 b
 1    analysis of a person's blood, urine, breath, or other  bodily
 2    substance  shall  give  rise to the presumptions specified in
 3    subdivisions 1,  2,  and  3  of  subsection  (b)  of  Section
 4    11-501.2   of   the   Illinois  Vehicle  Code. The  foregoing
 5    provisions of this subsection (C) shall not be  construed  as
 6    limiting  the  introduction  of  any  other relevant evidence
 7    bearing upon the question whether the person  was  under  the
 8    influence of alcohol.
 9        (D)  If  a  person  under  arrest  refuses to submit to a
10    chemical test under the provisions of this Section,  evidence
11    of  refusal  shall  be  admissible  in  any civil or criminal
12    action or proceeding arising out of acts alleged to have been
13    committed while the person under the influence of alcohol, or
14    other drug or drugs, intoxicating compound or  compounds,  or
15    combination of them both was operating a watercraft.
16        (E)  The  owner  of  any  watercraft  or any person given
17    supervisory authority over a watercraft,  may  not  knowingly
18    permit  a  watercraft  to be operated by any person under the
19    influence of  alcohol,  other  drug  or  drugs,  intoxicating
20    compound or compounds, or combination thereof.
21        (F)  Whenever  any person is convicted or found guilty of
22    a violation of this Section, including any person  placed  on
23    court supervision, the court shall notify the Office Division
24    of Law Enforcement of the Department of Natural Resources, to
25    provide  the  Department  with  the records essential for the
26    performance of the Department's duties to monitor and enforce
27    any  order  of  suspension  or  revocation   concerning   the
28    privilege to operate a watercraft.
29        (G)  No  person  who  has  been  arrested and charged for
30    violating paragraph 1 of subsection (A) of this Section shall
31    operate any watercraft within this State for a period of 24 6
32    hours after such arrest.
33    (Source: P.A. 92-615, eff. 1-1-03.)
 
HB1237 Enrolled            -33-      LRB093 04014 DRH 04053 b
 1        (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
 2        Sec. 5-16a.  Admissibility of chemical tests  of  written
 3    blood alcohol test results conducted in the regular course of
 4    providing emergency medical treatment.
 5        (a)  Notwithstanding  any  other  provision  of  law, the
 6    written results of blood alcohol tests conducted upon persons
 7    receiving medical treatment in a hospital emergency room  are
 8    admissible  in evidence as a business record exception to the
 9    hearsay rule  only  in  prosecutions  for  any  violation  of
10    Section  5-16  of  this Act or a similar provision of a local
11    ordinance or in prosecutions for  reckless  homicide  brought
12    under the Criminal Code of 1961, when:
13             (1)  the    chemical   tests   performed   upon   an
14        individual's blood were ordered in the regular course  of
15        providing  emergency  treatment and not at the request of
16        law enforcement authorities; and
17             (2)  the   chemical   tests   performed   upon    an
18        individual's  blood  were  performed  by  the  laboratory
19        routinely used by the hospital.
20        Results  of chemical tests performed upon an individual's
21    blood are admissible into evidence  regardless  of  the  time
22    that  the  records  were  prepared.  each  of  the  following
23    criteria are met:
24             (1)  the  blood  alcohol  tests  were  ordered  by a
25        physician on duty at the hospital emergency room and were
26        performed in the regular course  of  providing  emergency
27        medical  treatment  in  order  to assist the physician in
28        diagnosis or treatment;
29             (2)  the blood alcohol tests were performed  by  the
30        hospital's own laboratory; and
31             (3)  the  written results of the blood alcohol tests
32        were received and considered by the physician on duty  at
33        the  hospital  emergency room to assist that physician in
34        diagnosis or treatment.
 
HB1237 Enrolled            -34-      LRB093 04014 DRH 04053 b
 1        (b)  The confidentiality provisions of law pertaining  to
 2    medical records and medical treatment shall not be applicable
 3    with regard to chemical blood alcohol tests performed upon an
 4    individual's  blood  or  urine  under  the provisions of this
 5    Section in prosecutions as specified  in  subsection  (a)  of
 6    this Section.  No person shall be liable for civil damages as
 7    a  result  of  the evidentiary use of the results of chemical
 8    testing of an individual's blood blood alcohol  test  results
 9    under  this Section or as a result of that person's testimony
10    made available under this Section.
11    (Source: P.A. 87-803; 88-670, eff. 12-2-94.)

12        (625 ILCS 45/5-16a.1 new)
13        Sec. 5-16a.1. Reporting of test results of blood or urine
14    conducted  in  the  regular  course  of  providing  emergency
15    medical treatment.
16        (a)  Notwithstanding any  other  provision  of  law,  the
17    results  of blood or urine tests performed for the purpose of
18    determining the content of  alcohol,  other  drug  or  drugs,
19    intoxicating  compound  or  compounds,  or any combination of
20    them in  an  individual's  blood  or  urine,  conducted  upon
21    persons  receiving  medical treatment in a hospital emergency
22    room for injuries resulting from a boating accident, shall be
23    disclosed to the Department of Natural Resources or local law
24    enforcement agencies  of  jurisdiction,  upon  request.   The
25    blood or urine tests are admissible in evidence as a business
26    record exception to the hearsay rule only in prosecutions for
27    violations  of  Section  5-16  of  this  Code  or  a  similar
28    provision  of  a  local  ordinance,  or  in  prosecutions for
29    reckless homicide brought under the Criminal Code of 1961.
30        (b)  The confidentiality provisions of the law pertaining
31    to  medical  records  and  medical  treatment  shall  not  be
32    applicable  with  regard   to   tests   performed   upon   an
33    individual's   blood   or   urine  under  the  provisions  of
 
HB1237 Enrolled            -35-      LRB093 04014 DRH 04053 b
 1    subsection (a) of this Section.   No  person  is  liable  for
 2    civil  damages  or  professional  discipline  as  a result of
 3    disclosure or reporting of the tests or the  evidentiary  use
 4    of  an  individual's  blood  or urine test results under this
 5    Section or Section 5-16a, or as a  result  of  that  person's
 6    testimony made available under this Section or Section 5-16a,
 7    except for willful or wanton misconduct.

 8        Section  10.   The Unified Code of Corrections is amended
 9    by changing Section 5-5-3 as follows:

10        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
11        Sec. 5-5-3.  Disposition.
12        (a)  Every  person  convicted  of  an  offense  shall  be
13    sentenced as provided in this Section.
14        (b)  The   following   options   shall   be   appropriate
15    dispositions, alone or in combination, for all  felonies  and
16    misdemeanors other than those identified in subsection (c) of
17    this Section:
18             (1)  A period of probation.
19             (2)  A term of periodic imprisonment.
20             (3)  A term of conditional discharge.
21             (4)  A term of imprisonment.
22             (5)  An order directing the offender to clean up and
23        repair  the  damage,  if the offender was convicted under
24        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
25        1961.
26             (6)  A fine.
27             (7)  An   order   directing  the  offender  to  make
28        restitution to the victim under  Section  5-5-6  of  this
29        Code.
30             (8)  A  sentence of participation in a county impact
31        incarceration program under Section 5-8-1.2 of this Code.
32        Whenever an individual is sentenced for an offense  based
 
HB1237 Enrolled            -36-      LRB093 04014 DRH 04053 b
 1    upon  an  arrest  for  a  violation  of Section 11-501 of the
 2    Illinois Vehicle Code, or a  similar  provision  of  a  local
 3    ordinance,   and   the   professional  evaluation  recommends
 4    remedial or rehabilitative treatment  or  education,  neither
 5    the treatment nor the education shall be the sole disposition
 6    and  either  or  both may be imposed only in conjunction with
 7    another disposition. The court shall monitor compliance  with
 8    any remedial education or treatment recommendations contained
 9    in  the professional evaluation.  Programs conducting alcohol
10    or other  drug  evaluation  or  remedial  education  must  be
11    licensed  by  the  Department of Human Services.  However, if
12    the individual is not a resident of Illinois, the  court  may
13    accept  an  alcohol  or  other  drug  evaluation  or remedial
14    education  program  in  the  state   of   such   individual's
15    residence.   Programs  providing  treatment  must be licensed
16    under  existing  applicable  alcoholism  and  drug  treatment
17    licensure standards.
18        In addition to any other fine or penalty required by law,
19    any individual convicted of a violation of Section 11-501  of
20    the  Illinois  Vehicle  Code,  Section  5-7 of the Snowmobile
21    Registration  and  Safety  Act,  Section  5-16  of  the  Boat
22    Registration and Safety Act, or a similar provision of  local
23    ordinance,  whose  operation  of  a  motor  vehicle  while in
24    violation of Section 11-501, Section 5-7,  Section  5-16,  or
25    such ordinance proximately caused an incident resulting in an
26    appropriate  emergency  response,  shall  be required to make
27    restitution  to  a  public  agency  for  the  costs  of  that
28    emergency response.  Such restitution shall not  exceed  $500
29    per  public agency for each such emergency response.  For the
30    purpose of this paragraph, emergency response shall mean  any
31    incident requiring a response by: a police officer as defined
32    under  Section  1-162 of the Illinois Vehicle Code; a fireman
33    carried  on  the  rolls  of  a  regularly  constituted   fire
34    department; and an ambulance as defined under Section 4.05 of
 
HB1237 Enrolled            -37-      LRB093 04014 DRH 04053 b
 1    the Emergency Medical Services (EMS) Systems Act.
 2        Neither   a  fine  nor  restitution  shall  be  the  sole
 3    disposition for a felony and either or both  may  be  imposed
 4    only in conjunction with another disposition.
 5        (c) (1)  When a defendant is found guilty of first degree
 6        murder   the   State   may  either  seek  a  sentence  of
 7        imprisonment under Section 5-8-1 of this Code,  or  where
 8        appropriate seek a sentence of death under Section 9-1 of
 9        the Criminal Code of 1961.
10             (2)  A  period  of  probation,  a  term  of periodic
11        imprisonment  or  conditional  discharge  shall  not   be
12        imposed  for  the  following  offenses.  The  court shall
13        sentence the offender to not less than the  minimum  term
14        of  imprisonment set forth in this Code for the following
15        offenses, and may order a fine or restitution or both  in
16        conjunction with such term of imprisonment:
17                  (A)  First   degree   murder  where  the  death
18             penalty is not imposed.
19                  (B)  Attempted first degree murder.
20                  (C)  A Class X felony.
21                  (D)  A violation of Section 401.1 or 407 of the
22             Illinois Controlled Substances Act, or  a  violation
23             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
24             that Act which relates to more than  5  grams  of  a
25             substance  containing heroin or cocaine or an analog
26             thereof.
27                  (E)  A violation of Section 5.1  or  9  of  the
28             Cannabis Control Act.
29                  (F)  A   Class  2  or  greater  felony  if  the
30             offender had been convicted of a Class 2 or  greater
31             felony  within  10  years  of  the date on which the
32             offender committed the offense for which he  or  she
33             is  being sentenced, except as otherwise provided in
34             Section 40-10 of the Alcoholism and Other Drug Abuse
 
HB1237 Enrolled            -38-      LRB093 04014 DRH 04053 b
 1             and Dependency Act.
 2                  (G)  Residential burglary, except as  otherwise
 3             provided  in  Section  40-10  of  the Alcoholism and
 4             Other Drug Abuse and Dependency Act.
 5                  (H)  Criminal   sexual   assault,   except   as
 6             otherwise  provided  in  subsection  (e)   of   this
 7             Section.
 8                  (I)  Aggravated battery of a senior citizen.
 9                  (J)  A  forcible  felony  if  the  offense  was
10             related to the activities of an organized gang.
11                  Before  July  1, 1994, for the purposes of this
12             paragraph, "organized gang" means an association  of
13             5  or  more  persons, with an established hierarchy,
14             that  encourages  members  of  the  association   to
15             perpetrate crimes or provides support to the members
16             of the association who do commit crimes.
17                  Beginning  July  1,  1994,  for the purposes of
18             this paragraph, "organized  gang"  has  the  meaning
19             ascribed  to  it  in  Section  10  of  the  Illinois
20             Streetgang Terrorism Omnibus Prevention Act.
21                  (K)  Vehicular hijacking.
22                  (L)  A  second or subsequent conviction for the
23             offense of hate crime when  the  underlying  offense
24             upon  which  the  hate  crime  is  based  is  felony
25             aggravated assault or felony mob action.
26                  (M)  A  second or subsequent conviction for the
27             offense of institutional vandalism if the damage  to
28             the property exceeds $300.
29                  (N)  A  Class  3  felony violation of paragraph
30             (1) of subsection (a) of Section 2  of  the  Firearm
31             Owners Identification Card Act.
32                  (O)  A  violation  of  Section  12-6.1  of  the
33             Criminal Code of 1961.
34                  (P)  A  violation  of  paragraph (1), (2), (3),
 
HB1237 Enrolled            -39-      LRB093 04014 DRH 04053 b
 1             (4), (5),  or  (7)  of  subsection  (a)  of  Section
 2             11-20.1 of the Criminal Code of 1961.
 3                  (Q)  A  violation  of  Section  20-1.2  of  the
 4             Criminal Code of 1961.
 5                  (R)  A   violation  of  Section  24-3A  of  the
 6             Criminal Code of 1961.
 7                  (S)  A violation of Section  11-501(c-1)(3)  of
 8             the Illinois Vehicle Code.
 9             (3)  A minimum term of imprisonment of not less than
10        5  days  or  30  days  of  community  service  as  may be
11        determined by the court shall be  imposed  for  a  second
12        violation   committed   within  5  years  of  a  previous
13        violation of Section 11-501 of the Illinois Vehicle  Code
14        or  a similar provision of a local ordinance. In the case
15        of a third or subsequent  violation  committed  within  5
16        years  of  a  previous violation of Section 11-501 of the
17        Illinois Vehicle Code or a similar provision of  a  local
18        ordinance,   a   minimum   term  of  either  10  days  of
19        imprisonment or 60 days of  community  service  shall  be
20        imposed.
21             (4)  A minimum term of imprisonment of not less than
22        10 consecutive days or 30 days of community service shall
23        be  imposed  for  a violation of paragraph (c) of Section
24        6-303 of the Illinois Vehicle Code.
25             (4.1)  A minimum term  of  30  consecutive  days  of
26        imprisonment, 40 days of 24 hour periodic imprisonment or
27        720  hours  of community service, as may be determined by
28        the court, shall be imposed for a  violation  of  Section
29        11-501  of  the  Illinois Vehicle Code during a period in
30        which the defendant's driving privileges are  revoked  or
31        suspended,  where  the revocation or suspension was for a
32        violation of Section 11-501 or Section 11-501.1  of  that
33        Code.
34             (4.2)  Except as provided in paragraph (4.3) of this
 
HB1237 Enrolled            -40-      LRB093 04014 DRH 04053 b
 1        subsection  (c),  a  minimum  of  100  hours of community
 2        service shall  be  imposed  for  a  second  violation  of
 3        Section 6-303 of the Illinois Vehicle Code.
 4             (4.3)  A  minimum term of imprisonment of 30 days or
 5        300 hours of community  service,  as  determined  by  the
 6        court,  shall  be  imposed  for  a  second  violation  of
 7        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 8        Code.
 9             (4.4)  Except as provided  in  paragraph  (4.5)  and
10        paragraph (4.6) of this subsection (c), a minimum term of
11        imprisonment  of  30  days  or  300  hours  of  community
12        service, as determined by the court, shall be imposed for
13        a  third  or subsequent violation of Section 6-303 of the
14        Illinois Vehicle Code.
15             (4.5)  A minimum term of  imprisonment  of  30  days
16        shall  be imposed for a third violation of subsection (c)
17        of Section 6-303 of the Illinois Vehicle Code.
18             (4.6)  A minimum term of imprisonment  of  180  days
19        shall  be imposed for a fourth or subsequent violation of
20        subsection (c) of Section 6-303 of the  Illinois  Vehicle
21        Code.
22             (5)  The court may sentence an offender convicted of
23        a business offense or a petty offense or a corporation or
24        unincorporated association convicted of any offense to:
25                  (A)  a period of conditional discharge;
26                  (B)  a fine;
27                  (C)  make   restitution  to  the  victim  under
28             Section 5-5-6 of this Code.
29             (5.1)  In addition to any  penalties  imposed  under
30        paragraph  (5)  of  this  subsection  (c),  and except as
31        provided in paragraph (5.2) or (5.3), a person  convicted
32        of  violating  subsection  (c)  of  Section 11-907 of the
33        Illinois Vehicle Code shall  have  his  or  her  driver's
34        license,  permit, or privileges suspended for at least 90
 
HB1237 Enrolled            -41-      LRB093 04014 DRH 04053 b
 1        days but  not  more  than  one  year,  if  the  violation
 2        resulted in damage to the property of another person.
 3             (5.2)  In  addition  to  any penalties imposed under
 4        paragraph (5) of  this  subsection  (c),  and  except  as
 5        provided  in  paragraph  (5.3),  a  person  convicted  of
 6        violating   subsection  (c)  of  Section  11-907  of  the
 7        Illinois Vehicle Code shall  have  his  or  her  driver's
 8        license, permit, or privileges suspended for at least 180
 9        days but not more than 2 years, if the violation resulted
10        in injury to another person.
11             (5.3)  In  addition  to  any penalties imposed under
12        paragraph (5) of this subsection (c), a person  convicted
13        of  violating  subsection  (c)  of  Section 11-907 of the
14        Illinois Vehicle Code shall  have  his  or  her  driver's
15        license,  permit, or privileges suspended for 2 years, if
16        the violation resulted in the death of another person.
17             (6)  In no case shall an offender be eligible for  a
18        disposition  of  probation or conditional discharge for a
19        Class 1 felony committed while he was serving a  term  of
20        probation or conditional discharge for a felony.
21             (7)  When   a   defendant  is  adjudged  a  habitual
22        criminal under Article 33B of the Criminal Code of  1961,
23        the  court  shall  sentence  the  defendant  to a term of
24        natural life imprisonment.
25             (8)  When a defendant, over the age of 21 years,  is
26        convicted  of  a  Class 1 or Class 2 felony, after having
27        twice been convicted in any state or federal court of  an
28        offense that contains the same elements as an offense now
29        classified  in  Illinois  as  a  Class 2 or greater Class
30        felony and such charges are separately brought and  tried
31        and arise out of different series of acts, such defendant
32        shall  be sentenced as a Class X offender. This paragraph
33        shall not apply unless (1) the first felony was committed
34        after the effective date of this amendatory Act of  1977;
 
HB1237 Enrolled            -42-      LRB093 04014 DRH 04053 b
 1        and  (2) the second felony was committed after conviction
 2        on the first; and (3)  the  third  felony  was  committed
 3        after  conviction  on the second. A person sentenced as a
 4        Class X offender under this paragraph is not eligible  to
 5        apply  for  treatment  as  a  condition  of  probation as
 6        provided by Section 40-10 of  the  Alcoholism  and  Other
 7        Drug Abuse and Dependency Act.
 8             (9)  A defendant convicted of a second or subsequent
 9        offense  of  ritualized abuse of a child may be sentenced
10        to a term of natural life imprisonment.
11             (10)  When  a  person  is  convicted  of   violating
12        Section  11-501 of the Illinois Vehicle Code or a similar
13        provision of a local ordinance, the  following  penalties
14        apply  when his or her blood, breath, or urine was .16 or
15        more based on the definition of blood, breath,  or  urine
16        units  in Section 11-501.2 or that person is convicted of
17        violating Section 11-501 of  the  Illinois  Vehicle  Code
18        while transporting a child under the age of 16:
19                  (A)  For a first violation of subsection (a) of
20             Section  11-501,  in  addition  to any other penalty
21             that may be imposed under subsection (c) of  Section
22             11-501:   a   mandatory  minimum  of  100  hours  of
23             community service and a minimum fine of $500.
24                  (B)  For a second violation of  subsection  (a)
25             of  Section 11-501, in addition to any other penalty
26             that may be imposed under subsection (c) of  Section
27             11-501  within  10  years:  a mandatory minimum of 2
28             days of imprisonment and a minimum fine of $1,250.
29                  (C)  For a third violation of subsection (a) of
30             Section 11-501, in addition  to  any  other  penalty
31             that  may be imposed under subsection (c) of Section
32             11-501 within 20 years: a mandatory  minimum  of  90
33             days of imprisonment and a minimum fine of $2,500.
34                  (D)  For  a  fourth  or subsequent violation of
 
HB1237 Enrolled            -43-      LRB093 04014 DRH 04053 b
 1             subsection (a) of Section 11-501: ineligibility  for
 2             a sentence of probation or conditional discharge and
 3             a minimum fine of $2,500.
 4        (d)  In  any  case in which a sentence originally imposed
 5    is vacated, the case shall be remanded to  the  trial  court.
 6    The  trial  court shall hold a hearing under Section 5-4-1 of
 7    the Unified Code of Corrections which may include evidence of
 8    the defendant's life, moral character and  occupation  during
 9    the  time  since the original sentence was passed.  The trial
10    court shall then impose sentence  upon  the  defendant.   The
11    trial  court  may  impose  any sentence which could have been
12    imposed at the original trial subject to Section 5-5-4 of the
13    Unified Code of Corrections. If  a  sentence  is  vacated  on
14    appeal  or  on  collateral  attack  due to the failure of the
15    trier of fact at trial to determine beyond a reasonable doubt
16    the existence of a  fact  (other  than  a  prior  conviction)
17    necessary  to  increase the punishment for the offense beyond
18    the  statutory  maximum  otherwise  applicable,  either   the
19    defendant  may  be  re-sentenced  to  a term within the range
20    otherwise provided or, if  the  State  files  notice  of  its
21    intention  to again seek the extended sentence, the defendant
22    shall be afforded a new trial.
23        (e)  In  cases  where  prosecution  for  criminal  sexual
24    assault or aggravated criminal  sexual  abuse  under  Section
25    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
26    conviction of a defendant who was  a  family  member  of  the
27    victim  at  the  time  of  the commission of the offense, the
28    court shall consider the safety and welfare of the victim and
29    may impose a sentence of probation only where:
30             (1)  the  court  finds  (A)  or  (B)  or  both   are
31        appropriate:
32                  (A)  the  defendant  is  willing  to  undergo a
33             court approved  counseling  program  for  a  minimum
34             duration of 2 years; or
 
HB1237 Enrolled            -44-      LRB093 04014 DRH 04053 b
 1                  (B)  the defendant is willing to participate in
 2             a  court  approved plan including but not limited to
 3             the defendant's:
 4                       (i)  removal from the household;
 5                       (ii)  restricted contact with the victim;
 6                       (iii)  continued financial support of  the
 7                  family;
 8                       (iv)  restitution  for  harm  done  to the
 9                  victim; and
10                       (v)  compliance with  any  other  measures
11                  that the court may deem appropriate; and
12             (2)  the  court  orders the defendant to pay for the
13        victim's counseling services,  to  the  extent  that  the
14        court finds, after considering the defendant's income and
15        assets,  that  the  defendant  is  financially capable of
16        paying for such services, if  the  victim  was  under  18
17        years  of  age  at the time the offense was committed and
18        requires counseling as a result of the offense.
19        Probation may be revoked or modified pursuant to  Section
20    5-6-4;  except where the court determines at the hearing that
21    the defendant violated a condition of his  or  her  probation
22    restricting  contact  with the victim or other family members
23    or commits another offense with the victim  or  other  family
24    members, the court shall revoke the defendant's probation and
25    impose a term of imprisonment.
26        For  the  purposes  of  this Section, "family member" and
27    "victim" shall have the meanings ascribed to them in  Section
28    12-12 of the Criminal Code of 1961.
29        (f)  This  Article  shall  not  deprive  a court in other
30    proceedings to order a forfeiture of property, to suspend  or
31    cancel  a  license,  to  remove  a  person from office, or to
32    impose any other civil penalty.
33        (g)  Whenever a defendant  is  convicted  of  an  offense
34    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 
HB1237 Enrolled            -45-      LRB093 04014 DRH 04053 b
 1    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 2    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 3    shall  undergo  medical  testing  to  determine  whether  the
 4    defendant has any sexually transmissible disease, including a
 5    test for infection with human immunodeficiency virus (HIV) or
 6    any   other   identified   causative   agent   of    acquired
 7    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 8    shall be performed only  by  appropriately  licensed  medical
 9    practitioners  and  may  include  an  analysis  of any bodily
10    fluids as well as an examination of the  defendant's  person.
11    Except as otherwise provided by law, the results of such test
12    shall  be kept strictly confidential by all medical personnel
13    involved in the testing and must be personally delivered in a
14    sealed envelope to the  judge  of  the  court  in  which  the
15    conviction  was entered for the judge's inspection in camera.
16    Acting in accordance with the best interests  of  the  victim
17    and  the  public,  the  judge  shall  have  the discretion to
18    determine to whom, if anyone, the results of the testing  may
19    be revealed. The court shall notify the defendant of the test
20    results.  The court shall also notify the victim if requested
21    by  the  victim, and if the victim is under the age of 15 and
22    if requested by the victim's parents or legal  guardian,  the
23    court  shall notify the victim's parents or legal guardian of
24    the test results.  The court shall provide information on the
25    availability of HIV testing and counseling at  Department  of
26    Public  Health  facilities to all parties to whom the results
27    of the testing are revealed  and  shall  direct  the  State's
28    Attorney  to  provide  the  information  to  the  victim when
29    possible. A State's Attorney may petition the court to obtain
30    the results of any HIV test administered under this  Section,
31    and  the  court  shall  grant  the  disclosure if the State's
32    Attorney shows it is relevant in order to prosecute a  charge
33    of  criminal transmission of HIV under Section 12-16.2 of the
34    Criminal Code of 1961 against the defendant.  The court shall
 
HB1237 Enrolled            -46-      LRB093 04014 DRH 04053 b
 1    order that the cost of any such test shall  be  paid  by  the
 2    county  and  may  be  taxed  as  costs  against the convicted
 3    defendant.
 4        (g-5)  When  an  inmate  is  tested   for   an   airborne
 5    communicable   disease,   as   determined   by  the  Illinois
 6    Department of Public Health  including  but  not  limited  to
 7    tuberculosis,  the  results  of  the test shall be personally
 8    delivered by the warden or his or her designee  in  a  sealed
 9    envelope  to  the judge of the court in which the inmate must
10    appear for the judge's inspection in camera if  requested  by
11    the  judge.   Acting in accordance with the best interests of
12    those in the courtroom, the judge shall have  the  discretion
13    to  determine  what  if  any  precautions need to be taken to
14    prevent transmission of the disease in the courtroom.
15        (h)  Whenever a defendant  is  convicted  of  an  offense
16    under  Section  1 or 2 of the Hypodermic Syringes and Needles
17    Act, the defendant shall undergo medical testing to determine
18    whether   the   defendant   has   been   exposed   to   human
19    immunodeficiency  virus  (HIV)  or   any   other   identified
20    causative agent of acquired immunodeficiency syndrome (AIDS).
21    Except as otherwise provided by law, the results of such test
22    shall  be kept strictly confidential by all medical personnel
23    involved in the testing and must be personally delivered in a
24    sealed envelope to the  judge  of  the  court  in  which  the
25    conviction  was entered for the judge's inspection in camera.
26    Acting in accordance with the best interests of  the  public,
27    the  judge shall have the discretion to determine to whom, if
28    anyone, the results of the testing may be revealed. The court
29    shall notify the defendant of  a  positive  test  showing  an
30    infection  with  the  human immunodeficiency virus (HIV). The
31    court shall provide information on the  availability  of  HIV
32    testing   and  counseling  at  Department  of  Public  Health
33    facilities to all parties to whom the results of the  testing
34    are revealed and shall direct the State's Attorney to provide
 
HB1237 Enrolled            -47-      LRB093 04014 DRH 04053 b
 1    the  information  to  the  victim  when  possible.  A State's
 2    Attorney may petition the court to obtain the results of  any
 3    HIV  test  administered  under  this   Section, and the court
 4    shall grant the disclosure if the State's Attorney  shows  it
 5    is  relevant  in  order  to  prosecute  a  charge of criminal
 6    transmission of HIV under Section  12-16.2  of  the  Criminal
 7    Code  of  1961  against  the defendant. The court shall order
 8    that the cost of any such test shall be paid  by  the  county
 9    and may be taxed as costs against the convicted defendant.
10        (i)  All  fines  and penalties imposed under this Section
11    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
12    Vehicle Code, or a similar provision of  a  local  ordinance,
13    and any violation of the Child Passenger Protection Act, or a
14    similar  provision  of  a local ordinance, shall be collected
15    and disbursed by the circuit clerk as provided under  Section
16    27.5 of the Clerks of Courts Act.
17        (j)  In  cases  when  prosecution  for  any  violation of
18    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
19    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
20    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
21    12-16  of  the  Criminal  Code  of 1961, any violation of the
22    Illinois Controlled Substances Act, or any violation  of  the
23    Cannabis  Control Act results in conviction, a disposition of
24    court supervision, or an order  of  probation  granted  under
25    Section  10 of the Cannabis Control Act or Section 410 of the
26    Illinois Controlled Substance Act of a defendant,  the  court
27    shall  determine  whether  the  defendant  is  employed  by a
28    facility or center as defined under the  Child  Care  Act  of
29    1969,  a public or private elementary or secondary school, or
30    otherwise works with children under 18  years  of  age  on  a
31    daily  basis.   When  a  defendant  is so employed, the court
32    shall order the Clerk of the Court to  send  a  copy  of  the
33    judgment  of  conviction or order of supervision or probation
34    to  the  defendant's  employer  by  certified  mail.  If  the
 
HB1237 Enrolled            -48-      LRB093 04014 DRH 04053 b
 1    employer of the defendant is a school, the Clerk of the Court
 2    shall direct the  mailing  of  a  copy  of  the  judgment  of
 3    conviction  or  order  of  supervision  or  probation  to the
 4    appropriate regional superintendent of schools.  The regional
 5    superintendent of schools shall notify  the  State  Board  of
 6    Education of any notification under this subsection.
 7        (j-5)  A  defendant  at  least  17  years  of  age who is
 8    convicted of  a  felony  and  who  has  not  been  previously
 9    convicted  of a misdemeanor or felony and who is sentenced to
10    a  term  of  imprisonment  in  the  Illinois  Department   of
11    Corrections  shall  as  a condition of his or her sentence be
12    required by the court to attend educational courses  designed
13    to  prepare  the  defendant  for a high school diploma and to
14    work toward a high school diploma or to work  toward  passing
15    the high school level Test of General Educational Development
16    (GED)  or  to  work  toward  completing a vocational training
17    program offered by  the  Department  of  Corrections.   If  a
18    defendant fails to complete the educational training required
19    by  his or her sentence during the term of incarceration, the
20    Prisoner Review Board shall,  as  a  condition  of  mandatory
21    supervised  release, require the defendant, at his or her own
22    expense, to pursue a course of study  toward  a  high  school
23    diploma  or  passage  of  the  GED test.  The Prisoner Review
24    Board shall revoke the  mandatory  supervised  release  of  a
25    defendant  who  wilfully fails to comply with this subsection
26    (j-5) upon his or her release from  confinement  in  a  penal
27    institution  while  serving  a  mandatory  supervised release
28    term; however, the inability of the defendant after making  a
29    good  faith  effort  to  obtain  financial aid or pay for the
30    educational training shall not be deemed a wilful failure  to
31    comply.    The  Prisoner  Review  Board  shall  recommit  the
32    defendant whose mandatory supervised release  term  has  been
33    revoked  under  this  subsection (j-5) as provided in Section
34    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 
HB1237 Enrolled            -49-      LRB093 04014 DRH 04053 b
 1    who  has a high school diploma or has successfully passed the
 2    GED test. This subsection (j-5) does not apply to a defendant
 3    who is determined by the court to be developmentally disabled
 4    or otherwise mentally incapable of completing the educational
 5    or vocational program.
 6        (k)  A court may not impose a sentence or disposition for
 7    a felony or misdemeanor that requires  the  defendant  to  be
 8    implanted  or  injected  with  or  to  use  any form of birth
 9    control.
10        (l) (A)  Except  as  provided   in   paragraph   (C)   of
11        subsection  (l), whenever a defendant, who is an alien as
12        defined  by  the  Immigration  and  Nationality  Act,  is
13        convicted of any felony or misdemeanor offense, the court
14        after sentencing the defendant may, upon  motion  of  the
15        State's  Attorney,  hold  sentence in abeyance and remand
16        the defendant to the custody of the Attorney  General  of
17        the  United  States  or his or her designated agent to be
18        deported when:
19                  (1)  a final  order  of  deportation  has  been
20             issued against the defendant pursuant to proceedings
21             under the Immigration and Nationality Act, and
22                  (2)  the deportation of the defendant would not
23             deprecate the seriousness of the defendant's conduct
24             and  would  not  be  inconsistent  with  the ends of
25             justice.
26             Otherwise,  the  defendant  shall  be  sentenced  as
27        provided in this Chapter V.
28             (B)  If the defendant has already been sentenced for
29        a felony or misdemeanor offense, or has  been  placed  on
30        probation under Section 10 of the Cannabis Control Act or
31        Section  410  of  the Illinois Controlled Substances Act,
32        the court may, upon motion of  the  State's  Attorney  to
33        suspend the sentence imposed, commit the defendant to the
34        custody  of  the Attorney General of the United States or
 
HB1237 Enrolled            -50-      LRB093 04014 DRH 04053 b
 1        his or her designated agent when:
 2                  (1)  a final  order  of  deportation  has  been
 3             issued against the defendant pursuant to proceedings
 4             under the Immigration and Nationality Act, and
 5                  (2)  the deportation of the defendant would not
 6             deprecate the seriousness of the defendant's conduct
 7             and  would  not  be  inconsistent  with  the ends of
 8             justice.
 9             (C)  This subsection (l) does not apply to offenders
10        who are subject to the provisions  of  paragraph  (2)  of
11        subsection (a) of Section 3-6-3.
12             (D)  Upon  motion  of  the  State's  Attorney,  if a
13        defendant sentenced under this  Section  returns  to  the
14        jurisdiction of the United States, the defendant shall be
15        recommitted to the custody of the county from which he or
16        she  was  sentenced.  Thereafter,  the defendant shall be
17        brought before the sentencing court, which may impose any
18        sentence that was available under Section  5-5-3  at  the
19        time  of  initial sentencing.  In addition, the defendant
20        shall not be eligible for additional good conduct  credit
21        for meritorious service as provided under Section 3-6-6.
22        (m)  A   person   convicted  of  criminal  defacement  of
23    property under Section 21-1.3 of the Criminal Code  of  1961,
24    in  which  the  property damage exceeds $300 and the property
25    damaged is a school building, shall  be  ordered  to  perform
26    community  service  that  may  include  cleanup,  removal, or
27    painting over the defacement.
28    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
29    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
30    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
31    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
32    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
33    7-19-02.)