093_HB1237sam001

 










                                     LRB093 04014 DRH 14873 a

 1                    AMENDMENT TO HOUSE BILL 1237

 2        AMENDMENT NO.     .  Amend House Bill  1237  on  page  1,
 3    below line 3, by inserting the following:

 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;
 
                            -2-      LRB093 04014 DRH 14873 a
 1             (5)  under the combined influence of alcohol,  other
 2        drug or drugs, or intoxicating compound or compounds to a
 3        degree  that  renders  the  person  incapable  of  safely
 4        driving; or
 5             (6)  there  is  any  amount of a drug, substance, or
 6        compound  in  the  person's  breath,  blood,   or   urine
 7        resulting   from  the  unlawful  use  or  consumption  of
 8        cannabis listed in the Cannabis Control Act, a controlled
 9        substance listed in the  Illinois  Controlled  Substances
10        Act,  or  an  intoxicating  compound listed in the Use of
11        Intoxicating Compounds Act.
12        (b)  The fact that any person charged with violating this
13    Section is or has been legally entitled to use alcohol, other
14    drug or drugs, or intoxicating compound or compounds, or  any
15    combination  thereof,  shall not constitute a defense against
16    any charge of violating this Section.
17        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
18    and  (d) of this Section, every person convicted of violating
19    this Section or a similar provision  of  a  local  ordinance,
20    shall  be guilty of a Class A misdemeanor and, in addition to
21    any other criminal or administrative action, for  any  second
22    conviction  of  violating this Section or a similar provision
23    of a law of another state or local ordinance committed within
24    5 years of a previous violation of this Section or a  similar
25    provision of a local ordinance shall be mandatorily sentenced
26    to  a  minimum  of  5  days  of imprisonment or assigned to a
27    minimum of 30 days of community service as may be  determined
28    by  the  court.  Every  person  convicted  of  violating this
29    Section or a similar provision of a local ordinance shall  be
30    subject  to  an additional mandatory minimum fine of $500 and
31    an additional mandatory 5 days  of  community  service  in  a
32    program   benefiting  children  if  the  person  committed  a
33    violation of paragraph (a) or a similar provision of a  local
34    ordinance  while  transporting  a person under age 16.  Every
 
                            -3-      LRB093 04014 DRH 14873 a
 1    person convicted a second time for violating this Section  or
 2    a  similar provision of a local ordinance within 5 years of a
 3    previous violation of this Section or a similar provision  of
 4    a law of another state or local ordinance shall be subject to
 5    an   additional   mandatory  minimum  fine  of  $500  and  an
 6    additional 10  days  of  mandatory  community  service  in  a
 7    program  benefiting  children  if  the  current  offense  was
 8    committed  while  transporting  a  person  under age 16.  The
 9    imprisonment or assignment under this subsection shall not be
10    subject to suspension nor shall the person  be  eligible  for
11    probation in order to reduce the sentence or assignment.
12        (c-1) (1)  A  person  who  violates this Section during a
13        period in which his or her driving privileges are revoked
14        or suspended, where the revocation or suspension was  for
15        a  violation of this Section, Section 11-501.1, paragraph
16        (b) of Section 11-401, or Section  9-3  of  the  Criminal
17        Code of 1961 is guilty of a Class 4 felony.
18             (2)  A person who violates this Section a third time
19        during  a  period  in which his or her driving privileges
20        are  revoked  or  suspended  where  the   revocation   or
21        suspension  was  for a violation of this Section, Section
22        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
23        of the Criminal Code of 1961  is  guilty  of  a  Class  3
24        felony.
25             (3)  A  person who violates this Section a fourth or
26        subsequent time during a  period  in  which  his  or  her
27        driving  privileges  are  revoked  or suspended where the
28        revocation or suspension was  for  a  violation  of  this
29        Section,  Section  11-501.1,  paragraph  (b)  of  Section
30        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
31        guilty of a Class 2 felony.
32        (c-2)  (Blank).
33        (c-3)  Every person convicted of violating  this  Section
34    or  a  similar provision of a local ordinance who had a child
 
                            -4-      LRB093 04014 DRH 14873 a
 1    under age 16 in the vehicle at the time of the offense  shall
 2    have  his or her punishment under this Act enhanced by 2 days
 3    of imprisonment for a first offense, 10 days of  imprisonment
 4    for  a  second  offense,  30 days of imprisonment for a third
 5    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 6    subsequent offense, in addition to  the  fine  and  community
 7    service  required  under  subsection  (c)  and  the  possible
 8    imprisonment required under subsection (d).  The imprisonment
 9    or  assignment  under this subsection shall not be subject to
10    suspension nor shall the person be eligible for probation  in
11    order to reduce the sentence or assignment.
12        (c-4)  When  a  person  is convicted of violating Section
13    11-501 of this  Code  or  a  similar  provision  of  a  local
14    ordinance,  the  following  penalties  apply  when his or her
15    blood, breath,  or  urine  was  .16  or  more  based  on  the
16    definition  of  blood,  breath,  or  urine  units  in Section
17    11-501.2 or when that person is convicted of  violating  this
18    Section while transporting a child under the age of 16:
19             (1)  A   person   who   is  convicted  of  violating
20        subsection (a) of Section 11-501 of  this  Code  a  first
21        time,  in  addition  to  any  other  penalty  that may be
22        imposed under subsection (c), is subject to  a  mandatory
23        minimum  of  100 hours of community service and a minimum
24        fine of $500.
25             (2)  A  person  who  is   convicted   of   violating
26        subsection  (a)  of  Section 11-501 of this Code a second
27        time within 10 years, in addition to  any  other  penalty
28        that may be imposed under subsection (c), is subject to a
29        mandatory minimum of 2 days of imprisonment and a minimum
30        fine of $1,250.
31             (3)  A   person   who   is  convicted  of  violating
32        subsection (a) of Section 11-501 of  this  Code  a  third
33        time  within  20 years is guilty of a Class 4 felony and,
34        in addition to any other  penalty  that  may  be  imposed
 
                            -5-      LRB093 04014 DRH 14873 a
 1        under  subsection  (c), is subject to a mandatory minimum
 2        of 90 days of imprisonment and a minimum fine of $2,500.
 3             (4)  A person who is  convicted  of  violating  this
 4        subsection (c-4) a fourth or subsequent time is guilty of
 5        a  Class  2  felony and, in addition to any other penalty
 6        that may be imposed under subsection (c), is not eligible
 7        for a sentence of probation or conditional discharge  and
 8        is subject to a minimum fine of $2,500.
 9        (d) (1)  Every person convicted of committing a violation
10        of  this  Section  shall  be guilty of aggravated driving
11        under the influence of alcohol, other drug or  drugs,  or
12        intoxicating  compound  or  compounds, or any combination
13        thereof if:
14                  (A)  the person committed a violation  of  this
15             Section,  or a similar provision of a law of another
16             state or a local ordinance when the cause of  action
17             is  the  same  as  or  substantially similar to this
18             Section, for the third or subsequent time;
19                  (B)  the  person  committed  a   violation   of
20             paragraph  (a)  while  driving  a  school  bus  with
21             children on board;
22                  (C)  the  person  in  committing a violation of
23             paragraph  (a)  was  involved  in  a  motor  vehicle
24             accident that  resulted  in  great  bodily  harm  or
25             permanent  disability  or  disfigurement to another,
26             when the violation was  a  proximate  cause  of  the
27             injuries;
28                  (D)  the   person   committed  a  violation  of
29             paragraph  (a)  for  a  second  time  and  has  been
30             previously convicted of violating Section 9-3 of the
31             Criminal Code of 1961 relating to reckless  homicide
32             in  which  the  person  was  determined to have been
33             under the influence of alcohol, other drug or drugs,
34             or intoxicating compound or compounds as an  element
 
                            -6-      LRB093 04014 DRH 14873 a
 1             of  the  offense  or  the person has previously been
 2             convicted under subparagraph (C) of  this  paragraph
 3             (1); or
 4                  (E)  the  person,  in committing a violation of
 5             paragraph (a) while driving at any speed in a school
 6             speed zone at a time when a speed limit of 20  miles
 7             per  hour  was  in  effect  under  subsection (a) of
 8             Section 11-605 of this Code, was involved in a motor
 9             vehicle accident that resulted in bodily harm, other
10             than great bodily harm or  permanent  disability  or
11             disfigurement, to another person, when the violation
12             of paragraph (a) was a proximate cause of the bodily
13             harm.
14             (2)  Aggravated   driving  under  the  influence  of
15        alcohol, other drug or drugs, or intoxicating compound or
16        compounds, or  any  combination  thereof  is  a  Class  4
17        felony.  For a violation of subparagraph (C) of paragraph
18        (1)  of  this subsection (d), the defendant, if sentenced
19        to a term of imprisonment, shall be sentenced to not less
20        than  one  year  nor  more  than  12  years.    For   any
21        prosecution  under  this subsection (d), a certified copy
22        of  the  driving  abstract  of  the  defendant  shall  be
23        admitted as proof of any prior conviction.
24        (e)  After a finding of guilt  and  prior  to  any  final
25    sentencing, or an order for supervision, for an offense based
26    upon  an  arrest for a violation of this Section or a similar
27    provision of a local ordinance, individuals shall be required
28    to undergo a  professional  evaluation  to  determine  if  an
29    alcohol,  drug, or intoxicating compound abuse problem exists
30    and the extent of the problem, and undergo the imposition  of
31    treatment   as   appropriate.   Programs   conducting   these
32    evaluations  shall  be  licensed  by  the Department of Human
33    Services.  The cost of any professional evaluation  shall  be
34    paid   for   by   the  individual  required  to  undergo  the
 
                            -7-      LRB093 04014 DRH 14873 a
 1    professional evaluation.
 2        (e-1)  Any person who is found guilty of or pleads guilty
 3    to violating this Section, including any person  receiving  a
 4    disposition  of court supervision for violating this Section,
 5    may be required by the Court to attend a victim impact  panel
 6    offered   by,  or  under  contract  with,  a  County  State's
 7    Attorney's office, a probation and court services department,
 8    Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
 9    Intoxicated Motorists. All  costs  generated  by  the  victim
10    impact  panel  shall  be  paid  from  fees collected from the
11    offender or as may be determined by the court.
12        (f)  Every person found guilty of violating this Section,
13    whose operation of a motor vehicle while in violation of this
14    Section proximately  caused  any  incident  resulting  in  an
15    appropriate  emergency  response,  shall  be  liable  for the
16    expense of an emergency response as  provided  under  Section
17    5-5-3 of the Unified Code of Corrections.
18        (g)  The  Secretary  of  State  shall  revoke the driving
19    privileges of any person convicted under this  Section  or  a
20    similar provision of a local ordinance.
21        (h)  Every person sentenced under paragraph (2) or (3) of
22    subsection  (c-1)  of  this Section or subsection (d) of this
23    Section and who receives a term of probation  or  conditional
24    discharge shall be required to serve a minimum term of either
25    60  days  community  service  or 10 days of imprisonment as a
26    condition of the probation or  conditional  discharge.   This
27    mandatory  minimum  term  of  imprisonment  or  assignment of
28    community service shall not be suspended  and  shall  not  be
29    subject to reduction by the court.
30        (i)  The  Secretary  of  State  shall  require the use of
31    ignition interlock  devices  on  all  vehicles  owned  by  an
32    individual  who  has been convicted of a second or subsequent
33    offense of this Section or a similar  provision  of  a  local
34    ordinance.    The  Secretary  shall  establish  by  rule  and
 
                            -8-      LRB093 04014 DRH 14873 a
 1    regulation the procedures for certification and  use  of  the
 2    interlock system.
 3        (j)  In  addition to any other penalties and liabilities,
 4    a person who is found guilty of or pleads guilty to violating
 5    this  Section,  including  any   person   placed   on   court
 6    supervision  for violating this Section, shall be fined $100,
 7    payable to the circuit clerk, who shall distribute the  money
 8    to  the  law enforcement agency that made the arrest.  If the
 9    person  has  been  previously  convicted  of  violating  this
10    Section or a similar provision of a local ordinance, the fine
11    shall be $200.  In the event that more  than  one  agency  is
12    responsible  for the arrest, the $100 or $200 shall be shared
13    equally.  Any moneys received by  a  law  enforcement  agency
14    under  this  subsection  (j)  shall  be  used to purchase law
15    enforcement equipment that will assist in the  prevention  of
16    alcohol related criminal violence throughout the State.  This
17    shall  include,  but is not limited to, in-car video cameras,
18    radar and laser speed detection devices, and  alcohol  breath
19    testers.  Any  moneys  received  by  the  Department of State
20    Police under this subsection (j) shall be deposited into  the
21    State  Police  DUI  Fund  and  shall  be used to purchase law
22    enforcement equipment that will assist in the  prevention  of
23    alcohol related criminal violence throughout the State.
24    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
25    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
26    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
27    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

28        Section 4.  The Snowmobile Registration and Safety Act is
29    amended by changing Sections 2-2, 5-7. 5-7.1,  5-7.2,  5-7.3,
30    5-7.4, and 5-7.5 and adding Section 5-7.6 as follows:

31        (625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
32        Sec. 2-2.  Inspection; seizure; impoundment.
 
                            -9-      LRB093 04014 DRH 14873 a
 1        (a)  Agents  of  the  Department or other duly authorized
 2    police officers may stop and inspect any  snowmobile  at  any
 3    time for the purpose of determining if the provisions of this
 4    Act  are  being  complied  with. If the inspecting officer or
 5    agent discovers any violation of the provisions of this  Act,
 6    he  must  issue  a summons to the operator of such snowmobile
 7    requiring that the operator appear before the  circuit  court
 8    for the county within which the offense was committed.
 9        (b)  Every  snowmobile  subject to this Act, if under way
10    and  upon  being  hailed  by  a  designated  law  enforcement
11    officer, must stop immediately.
12        (c)  Agents of the Department and other  duly  authorized
13    police  officers  may  seize  and  impound,  at  the  owner's
14    expense,   any  snowmobile  involved  in  an  accident  or  a
15    violation of subsection B of Section 5-1 or of Section 5-7 of
16    this Act.
17        (d)  If a snowmobile is causing a traffic hazard  because
18    of  its  position  in relation to the highway or its physical
19    appearance is causing the impeding of traffic, its  immediate
20    removal  from the highway or private property adjacent to the
21    highway by a towing  service  may  be  authorized  by  a  law
22    enforcement agency having jurisdiction.
23        (e)  Whenever  a peace officer reasonably believes that a
24    person under arrest  for  a  violation  of  subsection  B  of
25    Section  5-1  or Section 5-7 of this Act or similar provision
26    of a local ordinance, is likely, upon release,  to  commit  a
27    subsequent  violation  of  subsection  B  of  Section  5-1 or
28    Section 5-7 or a similar provision of a local ordinance,  the
29    arresting  officer shall have the snowmobile which the person
30    was operating at the time  of  the  arrest  impounded  for  a
31    period  of  not  more  than  12  hours  after the time of the
32    arrest. The snowmobile may be released by the  arresting  law
33    enforcement  agency  without  impoundment, or may be released
34    prior to the end of the impoundment period, however, if:
 
                            -10-     LRB093 04014 DRH 14873 a
 1             (1)  the snowmobile was  not  owned  by  the  person
 2        under  arrest, and the lawful owner requesting release of
 3        the snowmobile possesses proof of  ownership,  and  would
 4        not,  as  determined  by  the  arresting  law enforcement
 5        agency: (i) indicate a  lack  of  ability  to  operate  a
 6        snowmobile  in  a  safe  manner,  or  (ii)  otherwise, by
 7        operating the snowmobile, be in violation of this Act; or
 8             (2)  the snowmobile is owned  by  the  person  under
 9        arrest,  and  the person under arrest gives permission to
10        another person to operate the snowmobile, and  the  other
11        person  would  not,  as  determined  by the arresting law
12        enforcement agency: (i) indicate a  lack  of  ability  to
13        operate a snowmobile in a safe manner, or (ii) otherwise,
14        by operating the snowmobile, be in violation of this Act.
15    (Source: P.A. 77-1312.)

16        (625 ILCS 40/5-7)
17        Sec.   5-7.  Operating   a  snowmobile  while  under  the
18    influence of alcohol or other  drug  or  drugs,  intoxicating
19    compound  or  compounds,  or  a combination of them; criminal
20    penalties; suspension of operating privileges.
21        (a)  A person may not operate or be  in  actual  physical
22    control of a snowmobile within this State while:
23             1.  The alcohol concentration in that person's blood
24        or  breath  is  a  concentration at which driving a motor
25        vehicle is prohibited under subdivision (1) of subsection
26        (a) of Section 11-501 of the Illinois Vehicle Code;
27             2.  The person is under the influence of alcohol;
28             3.  The person is under the influence of  any  other
29        drug  or  combination  of  drugs to a degree that renders
30        that person incapable of safely operating a snowmobile;
31             3.1.  The person  is  under  the  influence  of  any
32        intoxicating  compound  or  combination  of  intoxicating
33        compounds  to  a degree that renders the person incapable
 
                            -11-     LRB093 04014 DRH 14873 a
 1        of safely operating a snowmobile;
 2             4.  The person is under the  combined  influence  of
 3        alcohol  and  any  other  drug  or  drugs or intoxicating
 4        compound or compounds  to  a  degree  that  renders  that
 5        person incapable of safely operating a snowmobile; or
 6             5.  There  is  any  amount  of a drug, substance, or
 7        compound  in  that  person's  breath,  blood,  or   urine
 8        resulting   from  the  unlawful  use  or  consumption  of
 9        cannabis  listed  in  the  Cannabis   Control   Act,   or
10        controlled  substance  listed  in the Illinois Controlled
11        Substances Act, or intoxicating compound  listed  in  the
12        use of Intoxicating Compounds Act.
13        (b)  The  fact  that a person charged with violating this
14    Section is or has been legally entitled to  use  alcohol,  or
15    other  drug or drugs, any intoxicating compound or compounds,
16    or any combination of them  does  not  constitute  a  defense
17    against a charge of violating this Section.
18        (c)  Every  person convicted of violating this Section or
19    a similar provision of a local ordinance is guilty of a Class
20    A misdemeanor, except as otherwise provided in this Section.
21        (d)  Every person convicted of violating this Section  is
22    guilty of a Class 4 felony if:
23             1.  The  person has a previous conviction under this
24        Section; or
25             2.  The offense results in personal injury  where  a
26        person  other than the operator suffers great bodily harm
27        or  permanent  disability  or  disfigurement,  when   the
28        violation was a proximate cause of the injuries. A person
29        guilty  of  a  Class  4 felony under this paragraph 2, if
30        sentenced to a term of imprisonment, shall  be  sentenced
31        to not less than one year nor more than 12 years; or
32             3.  The  offense  occurred  during a period in which
33        the person's  privileges  to  operate  a  snowmobile  are
34        revoked  or  suspended,  and the revocation or suspension
 
                            -12-     LRB093 04014 DRH 14873 a
 1        was for a violation of this Section or was imposed  under
 2        Section 5-7.1.
 3        (e)  Every  person convicted of violating this Section is
 4    guilty of a Class 2 felony if  the  offense  results  in  the
 5    death  of a person. A person guilty of a Class 2 felony under
 6    this subsection (e), if sentenced to a term of  imprisonment,
 7    shall be sentenced to a term of not less than 3 years and not
 8    more than 14 years.
 9        (e-1)  Every  person  convicted of violating this Section
10    or a similar provision of a local ordinance who had  a  child
11    under  the  age  of 16 on board the snowmobile at the time of
12    offense shall be subject to a mandatory minimum fine of  $500
13    and  shall  be  subject  to  a mandatory minimum of 5 days of
14    community service  in  a  program  benefiting  children.  The
15    assignment  under  this  subsection  shall  not be subject to
16    suspension nor shall the person be eligible for probation  in
17    order to reduce the assignment.
18        (e-2)  Every   person  found  guilty  of  violating  this
19    Section, whose operation of a snowmobile while  in  violation
20    of  this Section proximately caused any incident resulting in
21    an appropriate emergency response, shall be  liable  for  the
22    expense  of  an  emergency response as provided under Section
23    5-5-3 of the Unified Code of Corrections.
24        (e-3)  In   addition   to   any   other   penalties   and
25    liabilities, a person who is found guilty of  violating  this
26    Section,  including  any  person placed on court supervision,
27    shall be fined $100, payable to the circuit clerk, who  shall
28    distribute  the money to the law enforcement agency that made
29    the arrest. In  the  event  that  more  than  one  agency  is
30    responsible for the arrest, the $100 shall be shared equally.
31    Any  moneys  received  by a law enforcement agency under this
32    subsection (e-3) shall be used to  purchase  law  enforcement
33    equipment  or  to  provide law enforcement training that will
34    assist in the prevention of alcohol related criminal violence
 
                            -13-     LRB093 04014 DRH 14873 a
 1    throughout  the  State.  Law  enforcement   equipment   shall
 2    include,  but  is not limited to, in-car video cameras, radar
 3    and  laser  speed  detection  devices,  and  alcohol   breath
 4    testers.
 5        (f)  In  addition  to any criminal penalties imposed, the
 6    Department of Natural Resources  Conservation  shall  suspend
 7    the  snowmobile operation privileges of a person convicted or
 8    found guilty of a misdemeanor under this Section for a period
 9    of one  year,  except  that  first-time  offenders  receiving
10    supervision   are   exempt   from  this  mandatory  one  year
11    suspension.
12        (g)  In addition to any criminal penalties  imposed,  the
13    Department of Natural Resources shall suspend for a period of
14    5  years  the  snowmobile  operation privileges of any person
15    convicted or found guilty of a felony under this  Section  or
16    for  a  period  of  5  years  if the person is convicted of a
17    felony under this Section.
18    (Source: P.A. 92-615, eff. 1-1-03.)

19        (625 ILCS 40/5-7.1)
20        Sec. 5-7.1.  Implied consent.
21        (a)  A person who  operates  or  is  in  actual  physical
22    control of a snowmobile in this State is deemed to have given
23    consent  to  a  chemical  test  or tests of blood, breath, or
24    urine for the purpose of determining the content of  alcohol,
25    or  other  drug or drugs, intoxicating compound or compounds,
26    or a combination of them in content of that person's blood if
27    arrested for a violation of Section 5-7.  The  chemical  test
28    or  tests  shall  be  administered  at  the  direction of the
29    arresting officer. The law enforcement agency  employing  the
30    officer shall designate which tests shall be administered.  A
31    urine  test  may be administered even after a blood or breath
32    test or both has been administered.
33        (a-1)  For the purposes of this Section, an Illinois  law
 
                            -14-     LRB093 04014 DRH 14873 a
 1    enforcement  officer  of  this State who is investigating the
 2    person for any offense defined in Section 5-7 may travel into
 3    an adjoining state, where the person has been transported for
 4    medical care to complete an investigation and to request that
 5    the person submit to the test or  tests  set  forth  in  this
 6    Section.  The requirements of this Section that the person be
 7    arrested are inapplicable, but the officer  shall  issue  the
 8    person  a  uniform  citation  for  an  offense  as defined in
 9    Section 5-7 or a similar provision of a local ordinance prior
10    to requesting that the person submit to the  test  or  tests.
11    The  issuance of the uniform citation shall not constitute an
12    arrest, but shall be for the purpose of notifying the  person
13    that  he  or she is subject to the provisions of this Section
14    and of the officer's belief  of  the  existence  of  probable
15    cause  to  arrest.  Upon returning to this State, the officer
16    shall file the uniform citation with the circuit clerk of the
17    county where the offense was committed  and  shall  seek  the
18    issuance of an arrest warrant or a summons for the person.
19        (a-2)  Notwithstanding  any  ability to refuse under this
20    Act to submit to these tests or any  ability  to  revoke  the
21    implied  consent to these tests, if a law enforcement officer
22    has probable cause to believe that a snowmobile  operated  by
23    or  under  actual  physical  control  of  a  person under the
24    influence of  alcohol,  other  drug  or  drugs,  intoxicating
25    compound  or compounds, or any combination of them has caused
26    the death or personal injury to another,  that  person  shall
27    submit,  upon  the request of a law enforcement officer, to a
28    chemical test or tests of his or her blood, breath, or  urine
29    for  the  purpose  of  determining the alcohol content or the
30    presence of any other drug or combination of  both.  For  the
31    purposes  of  this Section, a personal injury includes severe
32    bleeding wounds, distorted  extremities,  and  injuries  that
33    require  the  injured  party to be carried from the scene for
34    immediate professional attention in either a doctor's  office
 
                            -15-     LRB093 04014 DRH 14873 a
 1    or a medical facility.
 2        (b)  A  person  who  is  dead,  unconscious,  or  who  is
 3    otherwise  in  a condition rendering that person incapable of
 4    refusal, is deemed not to have withdrawn the consent provided
 5    in subsection (a), and the test or tests may be administered.
 6        (c)  A person requested to submit to a test  as  provided
 7    in  this  Section  shall  be  verbally  advised  by  the  law
 8    enforcement  officer  requesting  the  test that a refusal to
 9    submit to the test will result in suspension of that person's
10    privilege to operate a snowmobile for a minimum of 2 years.
11        (d)  Following this warning, if  a  person  under  arrest
12    refuses  upon  the  request  of  a law enforcement officer to
13    submit to a test designated by the officer, no tests test may
14    be given, but the law enforcement officer shall file with the
15    clerk of the circuit court for the county in which the arrest
16    was made, and with the Department  of  Natural  Resources,  a
17    sworn  statement  naming  the  person  refusing  to  take and
18    complete the chemical  test  or  tests  requested  under  the
19    provisions  of  this  Section.   The  sworn  statement  shall
20    identify  the arrested person, the person's current residence
21    address and shall specify that a refusal by  that  person  to
22    take the chemical test or tests was made. The sworn statement
23    shall  include  a  statement  that the officer had reasonable
24    cause to believe the person was operating or  was  in  actual
25    physical  control  of  the snowmobile within this State while
26    under the influence of alcohol, or other drug  or  drugs,  an
27    intoxicating  compound  or compound, or a combination of them
28    and that a chemical  test  or  tests  were  requested  as  an
29    incident to and following the lawful arrest for an offense as
30    defined  in  Section  5-7  or  a similar provision of a local
31    ordinance, and that the person, after being arrested  for  an
32    offense  arising  out  of acts alleged to have been committed
33    while operating  a  snowmobile,  refused  to  submit  to  and
34    complete  a  chemical  test  or tests as requested by the law
 
                            -16-     LRB093 04014 DRH 14873 a
 1    enforcement officer.
 2        (e)  The law enforcement  officer  submitting  the  sworn
 3    statement  shall  serve  immediate  written  notice  upon the
 4    person refusing the chemical test or tests that the  person's
 5    privilege  to  operate a snowmobile within this State will be
 6    suspended for a period of 2 years unless, within 28 days from
 7    the date of the notice, the  person  requests  in  writing  a
 8    hearing  on the suspension. The clerk shall notify the person
 9    in  writing  that  the  person's  privilege  to   operate   a
10    snowmobile will be suspended for a minimum of 2 years unless,
11    within  28  days from the date of mailing of the notice, that
12    person requests a hearing in writing.
13        If the person desires a hearing, the person shall file  a
14    complaint  in  the  circuit  court  in  the county where that
15    person was arrested within 28 days from the date  of  mailing
16    of the notice.  The hearing shall proceed in the court in the
17    same  manner  as  other civil proceedings.  The hearing shall
18    cover only the following issues:  (1) whether the person  was
19    placed  under arrest for an offense as defined in Section 5-7
20    or a similar provision of a local ordinance as  evidenced  by
21    the   issuance  of  a  uniform  citation;   (2)  whether  the
22    arresting officer had reasonable grounds to believe that  the
23    person  was  operating a snowmobile while under the influence
24    of alcohol, or other drug or drugs, an intoxicating  compound
25    or  compounds, or a combination of them; and (3) whether that
26    person refused to submit to and complete the chemical test or
27    tests upon  the  request  of  the  law  enforcement  officer.
28    Whether  the  person was informed that the person's privilege
29    to operate a snowmobile would be  suspended  if  that  person
30    refused to submit to the chemical test or tests may not be an
31    issue in the hearing.
32        If  the  person  fails  to  request  a hearing in writing
33    within 28 days of the date of the notice, or if a hearing  is
34    held  and  the  court  finds against the person on the issues
 
                            -17-     LRB093 04014 DRH 14873 a
 1    before the court, the  clerk  shall  immediately  notify  the
 2    Department  of  Natural Resources Conservation of the court's
 3    decision, and the Department  shall  suspend  the  snowmobile
 4    operation privileges of that person for at least 2 years.
 5        (f)  (Blank)  If the person fails to request a hearing in
 6    writing within 28 days of the date of mailing of the  notice,
 7    the   clerk   shall  immediately  notify  the  Department  of
 8    Conservation that no  request  for  a  hearing  was  received
 9    within  the  statutory  time period, and the Department shall
10    suspend the snowmobile operation privileges  of  that  person
11    for at least 2 years.
12        (f-1)  If  the person submits to a test that discloses an
13    alcohol concentration of 0.08 or more, or  any  amount  of  a
14    drug,  substance,  or  intoxicating  compound in the person's
15    breath, blood, or urine resulting from the  unlawful  use  of
16    cannabis  listed  in  the  Cannabis Control Act, a controlled
17    substance listed in the Illinois Controlled  Substances  Act,
18    or an intoxicating compound listed in the Use of Intoxicating
19    Compounds  Act, the law enforcement officer shall immediately
20    submit a sworn report to the circuit clerk of venue  and  the
21    Department  of Natural Resources, certifying that the test or
22    tests was or were requested under subsection  (a-1)  of  this
23    Section and the person submitted to testing that disclosed an
24    alcohol concentration of 0.08 or more.
25        In cases where the blood alcohol concentration of 0.08 or
26    greater  or  any  amount  of  drug,  substance,  or  compound
27    resulting  from  the  unlawful  use of cannabis, a controlled
28    substance, or an intoxicating compound is  established  by  a
29    subsequent  analysis  of blood or urine collected at the time
30    of arrest, the arresting officer or  arresting  agency  shall
31    immediately  submit  a  sworn  report to the circuit clerk of
32    venue and the Department of Natural Resources upon receipt of
33    the test results.
34        (g)  A person must submit to each chemical  test  offered
 
                            -18-     LRB093 04014 DRH 14873 a
 1    by  the  law  enforcement  officer  in  order  to comply with
 2    implied consent provisions of this Section.
 3        (h)  The provision of Section 11-501.2  of  the  Illinois
 4    Vehicle Code concerning the certification and use of chemical
 5    tests applies to the use of those tests under this Section.
 6    (Source: P.A. 89-55, eff. 1-1-96.)

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

29        (625 ILCS 40/5-7.3)
30        Sec. 5-7.3.  Supervision  of  operator;  notification;  6
31    hour operating limitation.
32        (a)  The   owner   of   a   snowmobile  or  person  given
 
                            -19-     LRB093 04014 DRH 14873 a
 1    supervisory authority over a snowmobile,  may  not  knowingly
 2    permit  a  snowmobile  to  be  operated by a person under the
 3    influence of alcohol, other drug or  drugs,  an  intoxicating
 4    compound or compounds, or a combination of them.
 5        (b)  Whenever  a person is convicted or found guilty of a
 6    violation of Section 5-7,  including  any  person  placed  on
 7    court  supervision,  the court shall notify the Office of Law
 8    Enforcement of the Department of Natural Resources  with  the
 9    records  essential  for  the  performance of the Department's
10    duties to monitor and  enforce  an  order  of  suspension  or
11    revocation  concerning  the  person's  privilege to operate a
12    snowmobile.
13        (c)  A person who has  been  arrested  and  charged  with
14    violating  Section  5-7  may  not operate a snowmobile within
15    this State for a period of 24 6  hours  after  that  person's
16    arrest.
17    (Source: P.A. 89-55, eff. 1-1-96.)

18        (625 ILCS 40/5-7.4)
19        Sec.  5-7.4.   Admissibility  of  chemical tests of blood
20    conducted  in  the  regular  course  of  providing  emergency
21    medical treatment alcohol tests.
22        (a)  Notwithstanding any  other  provision  of  law,  the
23    written  results  of  blood  alcohol  tests performed for the
24    purpose of determining the content of alcohol, other drug  or
25    drugs, intoxicating compound or compounds, or any combination
26    of  them  in  an  individual's  blood  conducted upon persons
27    receiving medical treatment in a hospital emergency room, are
28    admissible in evidence as a business record exception to  the
29    hearsay  rule only in prosecutions for a violation of Section
30    5-7 of this Act or a similar provision of a  local  ordinance
31    or  in  prosecutions  for reckless homicide brought under the
32    Criminal Code of 1961.
33        The results of the tests are admissible only when each of
 
                            -20-     LRB093 04014 DRH 14873 a
 1    the following criteria are met:
 2             1.  The   chemical   tests   performed    upon    an
 3        individual's  blood were ordered in the regular course of
 4        providing emergency treatment and not at the  request  of
 5        law  enforcement authorities; and The blood alcohol tests
 6        were ordered by a  physician  on  duty  at  the  hospital
 7        emergency  room  and were performed in the regular course
 8        of providing emergency  medical  treatment  in  order  to
 9        assist the physician in diagnosis or treatment;
10             2.  The    chemical    tests   performed   upon   an
11        individual's  blood  were  performed  by  the  laboratory
12        routinely used by the hospital. The blood  alcohol  tests
13        were performed by the hospital's own laboratory; and
14             3.  (Blank) The written results of the blood alcohol
15        tests  were  received  and considered by the physician on
16        duty at  the  hospital  emergency  room  to  assist  that
17        physician in diagnosis or treatment.
18        Results  of chemical tests performed upon an individual's
19    blood are admissible into evidence  regardless  of  the  time
20    that the records were prepared.
21        (b)  The  confidentiality provisions of law pertaining to
22    medical records and medical treatment are not applicable with
23    regard to chemical  blood  alcohol  tests  performed  upon  a
24    person's  blood or urine under the provisions of this Section
25    in prosecutions  as  specified  in  subsection  (a)  of  this
26    Section.   No  person  shall be liable for civil damages as a
27    result of the evidentiary use  of  the  results  of  chemical
28    testing of the individual's blood alcohol tests results under
29    this  Section  or as a result of that person's testimony made
30    available under this Section.
31    (Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)

32        (625 ILCS 40/5-7.5)
33        Sec. 5-7.5.  Preliminary breath screening test.  If a law
 
                            -21-     LRB093 04014 DRH 14873 a
 1    enforcement officer has reasonable suspicion  probable  cause
 2    to believe that a person is violating or has violated Section
 3    5-7 or a similar provision of a local ordinance, the officer,
 4    before  an arrest, may request the person to provide a sample
 5    of his or her breath for a preliminary breath screening  test
 6    using  a  portable device approved by the Department of State
 7    Police.  The results of  this  preliminary  breath  screening
 8    test  may  be  used  by  the  law enforcement officer for the
 9    purpose of assisting with the  determination  of  whether  to
10    require  a  chemical test, as authorized under Sections 5-7.1
11    and 5-7.2 and the appropriate type of test to  request.   Any
12    chemical  test  authorized under Sections 5-7.1 and 5-7.2 may
13    be requested by the officer regardless of the result  of  the
14    preliminary  breath  screening  test if probable cause for an
15    arrest exists.  The result of a preliminary breath  screening
16    test  may  be  used  by  the  defendant  as  evidence  in  an
17    administrative  or  court proceeding involving a violation of
18    Section 5-7 or 5-7.1.
19    (Source: P.A. 91-828, eff. 1-1-01.)

20        (625 ILCS 40/5-7.6 new)
21        Sec. 5-7.6.  Reporting of test results of blood or  urine
22    conducted  in  the  regular  course  of  providing  emergency
23    medical treatment.
24        (a)  Notwithstanding  any  other  provision  of  law, the
25    results of blood or urine tests performed for the purpose  of
26    determining  the  content  of  alcohol,  other drug or drugs,
27    intoxicating compound or compounds,  or  any  combination  of
28    them  in  an  individual's  blood  or  urine,  conducted upon
29    persons receiving medical treatment in a  hospital  emergency
30    room for injuries resulting from a snowmobile accident, shall
31    be disclosed to the Department of Natural Resources, or local
32    law  enforcement  agencies of jurisdiction, upon request. The
33    blood or urine tests are admissible in evidence as a business
 
                            -22-     LRB093 04014 DRH 14873 a
 1    record exception to the hearsay rule only in prosecutions for
 2    violations of Section 5-7 of this Code or a similar provision
 3    of  a  local  ordinance,  or  in  prosecutions  for  reckless
 4    homicide brought under the Criminal Code of 1961.
 5        (b)  The confidentiality provisions of the law pertaining
 6    to  medical  records  and  medical  treatment  shall  not  be
 7    applicable  with  regard   to   tests   performed   upon   an
 8    individual's   blood   or   urine  under  the  provisions  of
 9    subsection (a) of this Section. No person shall be liable for
10    civil damages or  professional  discipline  as  a  result  of
11    disclosure  or  reporting of the tests or the evidentiary use
12    of an individual's blood or urine  test  results  under  this
13    Section  or  Section  5-7.4  or  as a result of that person's
14    testimony made available under this Section or Section 5-7.4,
15    except for willful or wanton misconduct."; and

16    on page 15, line 19, after "Code,", by inserting "Section 5-7
17    of the Snowmobile Registration and Safety Act," and

18    on page 15, line 22, after "11-501,", by  inserting  "Section
19    5-7,".