HB3821ham002 93RD GENERAL ASSEMBLY

Rep. Rosemary Kurtz

Filed: 3/23/2004

09300HB3821ham002 LRB093 12239 DRH 49025 a

AMENDMENT TO HOUSE BILL 3821

AMENDMENT NO. ______. Amend House Bill 3821, AS AMENDED, in Section 5, Sec. 5-16, subsection (A), by replacing paragraph 4 with the following:

"4. Every person convicted of violating this Section shall be guilty of a Class 4 felony if:

(a) He has a previous conviction under this Section;

(b) The offense results in personal injury where a person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries. A person guilty of a Class 4 felony under this subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years; or

(c) The offense occurred during a period in which his or her privileges to operate a watercraft are revoked or suspended, and the revocation or suspension was for a violation of this Section or was imposed under subsection (B)."; and

in Section 5, Sec. 5-16, subsection (A), by replacing paragraph 6 with the following:

"6. (a) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person convicted or found guilty of a misdemeanor under this Section, or a similar provision of a local ordinance or Title 46, Part A, Chapter 23, Section 2302 of the U.S. Code of Federal Regulations, for a period of one year, except that a first time offender who is placed on court supervision is exempt from this mandatory one year suspension.

(b) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person convicted of a felony under this Section, or a similar provision of a local ordinance or federal law, or Section 9-3 of the Criminal Code, for a period of 3 years."; and

in Section 5, Sec. 6-1, by replacing the second paragraph of subsection A-1 with the following:

"As used in this Section, "personal injury" means any injury requiring medical treatment beyond first aid."; and

in Section 5, Sec. 6-1, by replacing subsections B and C with the following:

"B. In the case of collision, accident, or other casualty involving a vessel, the operator, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of $2,000 or there is a complete loss of the vessel $500, shall file with the Department a full description of the collision, accident, or other casualty, including information as the Department may by regulation require. Reports of the accidents must be filed with the Department on a Department Accident Report form within 5 days.

C. Reports of accidents resulting in personal injury, where a person sustains an injury requiring medical attention beyond first aid is incapacitated for a period exceeding 72 hours, must be filed with the Department on a Department Accident Report form within 5 days. Accidents that result in loss of life shall be reported to the Department on a Department form within 48 hours."; and

in Section 5, by replacing Secs. 11A-4 and 11A-5 with the following:

"(625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)

Sec. 11A-4. Any person who is convicted of a violation of Sections 5-1, 5-2 or 11A-5 of this Act, in addition to any other penalties authorized in this Act, may in the discretion of the court be refused the privilege of operating any watercraft on any of the waterways of this State for a period of not less than one year.

Any person who is convicted of a violation of Section 5-2 of this Act or subsection A-1 of Section 6-1 of this Act, in addition to any other penalties authorized in this Act, shall have his or her privilege of operating any watercraft on any of the waterways of this State suspended by the Department for a period of not less than one year.

(Source: P.A. 85-149.)

(625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)

Sec. 11A-5. A person may not operate a watercraft during the time that the person's privilege to operate a watercraft is suspended or revoked in this State, by another state, or by a federal agency. Any person who operates any watercraft during the period when he is denied the privilege to so operate is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(Source: P.A. 85-149.)".