Full Text of SB1479 98th General Assembly
SB1479sam003 98TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/22/2013
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| 1 | | AMENDMENT TO SENATE BILL 1479
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1479, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 2 as follows:
| 5 | | on page 17, by replacing line 21 with "by changing Section 5-16 | 6 | | and by adding Section 5-16c as follows:"; and | 7 | | on page 17, below line 21, by inserting the following:
| 8 | | "(625 ILCS 45/5-16)
| 9 | | Sec. 5-16. Operating a watercraft under the influence of | 10 | | alcohol,
other drug or drugs, intoxicating compound or | 11 | | compounds, or combination
thereof.
| 12 | | (A) 1. A person shall not operate or be in actual physical | 13 | | control of
any
watercraft within this State while:
| 14 | | (a) The alcohol concentration in such person's | 15 | | blood or breath is a
concentration at which driving a |
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| 1 | | motor vehicle is prohibited under subdivision
(1) of | 2 | | subsection (a) of
Section 11-501 of the Illinois | 3 | | Vehicle Code;
| 4 | | (b) Under the influence of alcohol;
| 5 | | (c) Under the influence of any other drug or | 6 | | combination of drugs to a
degree which renders such | 7 | | person incapable of safely operating
any watercraft;
| 8 | | (c-1) Under the influence of any intoxicating | 9 | | compound or combination
of
intoxicating compounds to a | 10 | | degree that renders the person incapable of safely
| 11 | | operating
any watercraft;
| 12 | | (d) Under the combined influence of alcohol and any | 13 | | other drug or
drugs to a degree which renders such | 14 | | person incapable of safely operating
a watercraft; or
| 15 | | (e) There is any amount of a drug, substance, or | 16 | | compound in the
person's blood or urine resulting from | 17 | | the unlawful use or consumption of
cannabis listed in | 18 | | the Cannabis Control Act, a
controlled substance
| 19 | | listed in the Illinois Controlled Substances Act, or an | 20 | | intoxicating compound
listed in the Use of | 21 | | Intoxicating Compounds Act.
| 22 | | 2. The fact that any person charged with violating this | 23 | | Section is or
has been legally entitled to use alcohol, | 24 | | other drug or drugs, any
intoxicating compound or | 25 | | compounds, or any combination of
them, shall not constitute | 26 | | a defense against any charge of
violating this
Section.
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| 1 | | 3. Every person convicted of violating this Section | 2 | | shall be guilty of a
Class A misdemeanor, except as | 3 | | otherwise provided in this Section.
| 4 | | 4. Every person convicted of violating this Section | 5 | | shall be guilty of a
Class 4 felony if:
| 6 | | (a) He has a previous conviction under this | 7 | | Section;
| 8 | | (b) The offense results in personal injury where a | 9 | | person other than the
operator suffers great bodily | 10 | | harm or permanent disability or disfigurement,
when | 11 | | the violation was a proximate cause of the injuries. A | 12 | | person guilty of a
Class 4 felony under this | 13 | | subparagraph (b), if sentenced
to a term of | 14 | | imprisonment, shall be sentenced to a term of not less | 15 | | than
one year nor more than 12 years; or
| 16 | | (c) The offense occurred during a period in which | 17 | | his or her
privileges
to
operate
a watercraft are | 18 | | revoked or suspended, and the revocation or suspension | 19 | | was for
a
violation of this Section or was imposed | 20 | | under subsection (B).
| 21 | | 5. Every person convicted of violating this Section | 22 | | shall be
guilty of a Class 2 felony if the offense results | 23 | | in the death of a
person.
A person guilty of a Class 2 | 24 | | felony under this paragraph 5, if sentenced to a
term of | 25 | | imprisonment, shall be sentenced to a term of not less than | 26 | | 3 years
and not more than 14 years.
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| 1 | | 5.1. A person convicted of violating this Section or a | 2 | | similar
provision
of a
local
ordinance who had a child | 3 | | under the age of 16 aboard the watercraft at the
time of | 4 | | offense is
subject to a mandatory minimum fine of $500 and | 5 | | to a mandatory minimum of 5
days of
community service in a | 6 | | program benefiting children. The assignment under this
| 7 | | paragraph 5.1 is
not subject to suspension and the person | 8 | | is not eligible for probation in order
to reduce the
| 9 | | assignment.
| 10 | | 5.2. A person found guilty of violating this Section, | 11 | | if his or her
operation
of a watercraft
while in violation | 12 | | of this Section proximately caused any incident resulting | 13 | | in
an appropriate
emergency response, is liable for the | 14 | | expense of an emergency response as
provided in subsection | 15 | | (m) of Section 11-501 of the Illinois Vehicle Code.
| 16 | | 5.3. In addition to any other penalties and | 17 | | liabilities, a person who is
found
guilty of
violating this | 18 | | Section, including any person placed on court supervision,
| 19 | | shall be fined $100,
payable to the circuit clerk, who | 20 | | shall distribute the money to the law
enforcement agency | 21 | | that
made the arrest. In the event that more than one | 22 | | agency is responsible for the
arrest, the $100
shall be | 23 | | shared equally. Any moneys received by a law enforcement | 24 | | agency under
this
paragraph 5.3 shall be used to purchase | 25 | | law enforcement equipment or to provide
law
enforcement | 26 | | training that will assist in the prevention of alcohol |
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| 1 | | related
criminal violence
throughout the State. Law | 2 | | enforcement equipment shall include, but is not
limited to, | 3 | | in-car
video cameras, radar and laser speed detection | 4 | | devices, and alcohol breath
testers.
| 5 | | 6. (a) In addition to any criminal penalties imposed, | 6 | | the Department of
Natural Resources shall suspend the | 7 | | watercraft operation privileges of any
person
| 8 | | convicted or found guilty of a misdemeanor under this | 9 | | Section, a similar provision of a local ordinance, or | 10 | | Title 46 of the U.S. Code of Federal Regulations for a | 11 | | period
of one year, except that a first time offender | 12 | | is exempt from this mandatory
one year suspension.
| 13 | | As used in this subdivision (A)6(a), "first time | 14 | | offender" means any person who has not had a previous | 15 | | conviction or been assigned supervision for violating | 16 | | this Section, a similar provision of a local ordinance | 17 | | or, Title 46 of the U.S. Code of Federal Regulations, | 18 | | or any person who has not had a suspension imposed | 19 | | under subdivision (B)3.1 of Section 5-16.
| 20 | | (b) In addition to any criminal penalties imposed, | 21 | | the Department of
Natural Resources shall suspend the | 22 | | watercraft operation privileges of any
person
| 23 | | convicted of a felony under this Section, a similar | 24 | | provision of a local ordinance, or Title 46 of the U.S. | 25 | | Code of Federal Regulations for a period of 3 years.
| 26 | | (B) 1. Any person who operates or is in actual physical |
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| 1 | | control of any
watercraft upon the waters of this
State | 2 | | shall be deemed to have given consent to a chemical test or | 3 | | tests of
blood, breath or urine for the purpose of | 4 | | determining the content of
alcohol, other
drug or drugs, | 5 | | intoxicating compound or compounds, or combination thereof
| 6 | | in the person's blood if arrested for
any offense of | 7 | | subsection (A) above. The chemical test or tests shall be
| 8 | | administered at
the direction of the arresting officer.
The | 9 | | law enforcement agency employing the
officer shall | 10 | | designate which of the tests shall be administered. A
urine | 11 | | test may be
administered even after a blood or breath test | 12 | | or both has been administered.
| 13 | | 1.1. For the purposes of this Section, an Illinois Law | 14 | | Enforcement
officer of
this
State who is investigating the | 15 | | person for any offense defined in Section 5-16
may travel
| 16 | | into an adjoining state, where the person has been | 17 | | transported for medical care
to
complete an investigation, | 18 | | and may request that the person submit to the test
or
tests | 19 | | set
forth in this Section. The requirements of this Section | 20 | | that the person be
arrested are
inapplicable, but the | 21 | | officer shall issue the person a uniform citation for an
| 22 | | offense as
defined in Section 5-16 or a similar provision | 23 | | of a local ordinance prior to
requesting that
the person | 24 | | submit to the test or tests. The issuance of the uniform | 25 | | citation
shall not
constitute an arrest, but shall be for | 26 | | the purpose of notifying the person that
he or she is
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| 1 | | subject to the provisions of this Section and of the | 2 | | officer's belief in the
existence of
probable cause to | 3 | | arrest. Upon returning to this State, the officer shall | 4 | | file
the uniform
citation with the circuit clerk of the | 5 | | county where the offense was committed
and shall
seek the | 6 | | issuance of an arrest warrant or a summons for the person.
| 7 | | 1.2. Notwithstanding any ability to refuse under this | 8 | | Act to submit to
these
tests
or any ability to revoke the | 9 | | implied consent to these tests, if a law
enforcement | 10 | | officer
has probable cause to believe that a sailboat or | 11 | | non-powered watercraft operated by or under actual
| 12 | | physical
control of a person under the influence of | 13 | | alcohol, other drug or drugs,
intoxicating
compound or | 14 | | compounds, or any combination of them has caused the death | 15 | | of or
personal
injury to another, that person shall submit, | 16 | | upon the request of a law
enforcement officer,
to a | 17 | | chemical test or tests of his or her blood, breath, or | 18 | | urine for the
purpose of
determining the alcohol content or | 19 | | the presence of any other drug, intoxicating
compound, or
| 20 | | combination
of them. For the purposes of this Section, a | 21 | | personal injury includes severe
bleeding
wounds, distorted | 22 | | extremities, and injuries that require the injured party to
| 23 | | be carried
from the scene for immediate professional | 24 | | attention in either a doctor's office
or a
medical | 25 | | facility.
| 26 | | 2. Any person who is dead, unconscious or who is |
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| 1 | | otherwise in a condition
rendering such person incapable of | 2 | | refusal, shall be deemed not to have
withdrawn the consent | 3 | | provided above, and the test may be administered.
| 4 | | 3. A person requested to submit to a chemical test as | 5 | | provided above
by this Section or Section 5-16c shall be
| 6 | | verbally advised by the law enforcement officer requesting | 7 | | the test that a
refusal to submit to the test will result | 8 | | in suspension of such person's
privilege to operate a | 9 | | watercraft for a minimum of 2 years. Following this
| 10 | | warning, if a person
under arrest refuses upon the request | 11 | | of a law enforcement officer to
submit to a test designated | 12 | | by the officer, no test
shall be given, but the law | 13 | | enforcement officer shall file with the clerk
of the | 14 | | circuit court for the county in which the arrest was made, | 15 | | and with
the Department of Natural Resources, a sworn
| 16 | | statement naming the person refusing to take and complete | 17 | | the chemical test
or tests
requested under the provisions | 18 | | of this Section. Such sworn statement shall
identify the | 19 | | arrested person, such person's current residence address | 20 | | and
shall specify that a refusal by such person to take the | 21 | | chemical test or
tests was
made. Such sworn statement shall | 22 | | include a statement that the arresting
officer had | 23 | | reasonable cause to believe the person was operating or was | 24 | | in
actual physical control of the
watercraft within this | 25 | | State while under the influence of alcohol, other
drug or | 26 | | drugs, intoxicating compound or compounds, or combination |
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| 1 | | thereof
and that such
chemical test or tests were made as | 2 | | an
incident to and following the lawful arrest for an | 3 | | offense as defined in
this Section or a similar provision | 4 | | of a local ordinance, and that the
person after being | 5 | | arrested for an offense arising out of acts alleged to
have | 6 | | been committed while so operating a watercraft refused to | 7 | | submit to
and complete a chemical test or tests as | 8 | | requested by the law enforcement
officer.
| 9 | | 3.1. The law enforcement officer submitting the sworn | 10 | | statement as
provided in
paragraph 3 of this subsection (B) | 11 | | shall serve immediate written notice upon
the
person | 12 | | refusing the chemical test or tests that the person's | 13 | | privilege to
operate a
watercraft within this State will be | 14 | | suspended for a period of 2 years unless,
within 28 days | 15 | | from the date of the notice, the person requests in writing | 16 | | a
hearing
on the suspension.
| 17 | | If the person desires a hearing, such person
shall file | 18 | | a complaint in the circuit court for and in the county in | 19 | | which
such person was arrested for such hearing. Such | 20 | | hearing shall proceed in
the court in the same manner as | 21 | | other civil proceedings, shall cover only
the issues of | 22 | | whether the person was placed under arrest for an offense | 23 | | as
defined in this Section or a similar provision of a | 24 | | local ordinance as
evidenced by the issuance of a uniform | 25 | | citation; whether the arresting
officer had reasonable | 26 | | grounds to believe that such person was operating a
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| 1 | | watercraft while under the influence of alcohol, other drug | 2 | | or drugs,
intoxicating compound or compounds, or | 3 | | combination
thereof; and whether such person refused to | 4 | | submit and complete the
chemical test or
tests upon the | 5 | | request of the law enforcement officer. Whether the person
| 6 | | was informed that such person's privilege to operate a | 7 | | watercraft would be
suspended if such person refused to | 8 | | submit to the chemical test or tests
shall not be an
issue.
| 9 | | If the person fails to request in writing a hearing | 10 | | within 28 days from
the date of notice, or if a hearing is | 11 | | held and the court finds against the
person on the issues | 12 | | before the court, the
clerk shall immediately notify the | 13 | | Department of Natural Resources, and the Department shall | 14 | | suspend the watercraft operation
privileges of the person | 15 | | for at least 2 years.
| 16 | | 3.2. If the person submits to a test that discloses an | 17 | | alcohol
concentration
of 0.08
or more, or any amount of a | 18 | | drug, substance or intoxicating compound in the
person's
| 19 | | breath, blood, or urine resulting from the unlawful use of | 20 | | cannabis listed in
the Cannabis
Control Act, a controlled | 21 | | substance listed in the Illinois Controlled
Substances | 22 | | Act, or an
intoxicating compound listed in the Use of | 23 | | Intoxicating Compounds Act, the law
enforcement officer | 24 | | shall immediately submit a sworn report to the circuit
| 25 | | clerk of venue
and the Department of Natural Resources, | 26 | | certifying that the test or tests were
requested
under |
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| 1 | | paragraph 1 of this subsection (B) and the person submitted | 2 | | to testing
that
disclosed an alcohol concentration of 0.08 | 3 | | or more.
| 4 | | In cases where the blood alcohol concentration of 0.08 | 5 | | or greater or any
amount of
drug, substance or compound | 6 | | resulting from the unlawful use of cannabis, a
controlled
| 7 | | substance or an intoxicating compound is established by a | 8 | | subsequent analysis
of blood
or urine collected at the time | 9 | | of arrest, the arresting officer or arresting
agency shall
| 10 | | immediately submit a sworn report to the circuit clerk of | 11 | | venue and the
Department of
Natural Resources upon receipt | 12 | | of the test results.
| 13 | | 4. A person must submit to each chemical test offered | 14 | | by the law
enforcement
officer
in order to comply with the | 15 | | implied consent provisions of this Section.
| 16 | | 5. The provisions of Section 11-501.2 of the Illinois | 17 | | Vehicle Code, as
amended, concerning the certification and | 18 | | use of chemical tests apply to the
use of such tests under | 19 | | this Section.
| 20 | | (C) Upon the trial of any civil or criminal action or | 21 | | proceeding arising out
of acts alleged to have been committed | 22 | | by any person while operating a
watercraft while under the | 23 | | influence of alcohol, the concentration of alcohol
in the | 24 | | person's blood or breath at the time alleged as shown by | 25 | | analysis of a
person's blood, urine, breath, or other bodily | 26 | | substance shall give rise to the
presumptions specified in |
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| 1 | | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 2 | | of the Illinois Vehicle Code. The foregoing
provisions of this | 3 | | subsection (C) shall not be
construed
as limiting the | 4 | | introduction of any other relevant evidence bearing upon the
| 5 | | question whether the person was under the influence of alcohol.
| 6 | | (D) If a person under arrest refuses to submit to a | 7 | | chemical test under
the provisions of this Section, evidence of | 8 | | refusal shall be admissible in
any civil or criminal action or | 9 | | proceeding arising out of acts alleged to
have been committed | 10 | | while the person under the influence of alcohol,
other drug or | 11 | | drugs, intoxicating compound or compounds, or combination
of | 12 | | them was operating a watercraft.
| 13 | | (E) The owner of any watercraft or any person given | 14 | | supervisory
authority over a watercraft, may not knowingly | 15 | | permit a watercraft to be
operated by any person under the | 16 | | influence of alcohol, other drug or drugs,
intoxicating | 17 | | compound or compounds, or
combination thereof.
| 18 | | (F) Whenever any person is convicted or found guilty of a | 19 | | violation of
this
Section, including any person placed on court | 20 | | supervision, the court shall
notify the Office of Law | 21 | | Enforcement of the
Department of Natural Resources, to provide | 22 | | the Department with the records
essential for the performance | 23 | | of the Department's duties to monitor and enforce
any order of | 24 | | suspension or revocation concerning the privilege to operate a
| 25 | | watercraft.
| 26 | | (G) No person who has been arrested and charged for |
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| 1 | | violating paragraph 1 of
subsection (A) of this Section shall | 2 | | operate any watercraft within this State
for a period of 24 | 3 | | hours after such arrest.
| 4 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)"; and
| 5 | | on page 18, line 2, by replacing " watercraft " with " motorboat "; | 6 | | and | 7 | | on page 18, line 25, by replacing " watercraft " with | 8 | | " motorboat "; and | 9 | | on page 19, line 17, by replacing " cannabis, as covered by " | 10 | | with " cannabis listed in "; and | 11 | | on page 21, line 14, by deleting " as ".
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