The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
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 ResourcesConservation 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 Sectionor
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 incontent 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 teststest 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 ResourcesConservation 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 246 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 treatmentalcohol 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; andThe 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 chemicalblood 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 suspicionprobable 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,".
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster
Translate
