Public Act 90-0215 of the 90th General Assembly
Public Act 90-0215
HB2262 Enrolled LRB9003458NTsb
AN ACT concerning vehicles, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Snowmobile Registration and Safety Act is
amended by changing Sections 5-7 and 5-7.2 as follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the
influence of alcohol or other drug; criminal penalties;
suspension of operating privileges.
(a) A person may not operate a snowmobile within this
State while:
1. The alcohol concentration in that person's blood
or breath is a concentration at which driving a motor
vehicle is prohibited under subdivision (1) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code 0.10
or more based on the definition of blood and breath units
in Section 11-501.2 of the Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other
drug or combination of drugs to a degree that renders
that person incapable of safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs to a degree that
renders that person incapable of safely operating a
snowmobile; or
5. There is any amount of a drug, substance, or
compound in that person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol or
other drugs does not constitute a defense against a charge of
violating this Section.
(c) Every person convicted of violating this Section or
a similar provision of a local ordinance is guilty of a Class
A misdemeanor, except as otherwise provided in this Section.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section; or
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement.
(e) Every person convicted of violating this Section is
guilty of a Class 3 felony if the offense results in the
death of a person.
(f) In addition to any criminal penalties imposed, the
Department of Conservation shall suspend the snowmobile
operation privileges of a person convicted of a misdemeanor
under this Section for a period of one year or for a period
of 5 years if the person is convicted of a felony under this
Section.
(Source: P.A. 89-55, eff. 1-1-96.)
(625 ILCS 40/5-7.2)
Sec. 5-7.2. Chemical and other tests.
(a) Upon the trial of a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while under the influence of alcohol, the concentration of
alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance gives rise to the following
presumptions specified in subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 of the Illinois Vehicle
Code.:
1. If there was at that time an alcohol
concentration of 0.05 or less, it is presumed that the
person was not under the influence of alcohol.
2. If there was at that time an alcohol
concentration in excess of 0.05 but less than 0.10, those
facts do not give rise to a presumption that the person
was or was not under the influence of alcohol, but that
fact may be considered with other competent evidence in
determining whether the person was under the influence of
alcohol.
3. If there was at that time an alcohol
concentration of 0.10 or more, it is presumed that the
person was under the influence of alcohol.
(b) The provisions of subsection (a) shall not be
construed as limiting the introduction of any other relevant
evidence bearing upon the question whether the person was
under the influence of alcohol.
(c) If a person under arrest refuses to submit to a
chemical test under the provisions of Section 5-7.1, evidence
of refusal is admissible in a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while the person under the influence of alcohol or other
drugs was operating a snowmobile.
(Source: P.A. 89-55, eff. 1-1-96.)
Section 10. The Boat Registration and Safety Act is
amended by changing Sections 5-16 and 5-16b as follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug, or combination thereof.
(A) 1. A person shall not operate any watercraft within
this State while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving a
motor vehicle is prohibited under subdivision (1) of
subsection (a) of Section 11-501 of the Illinois Vehicle
Code 0.10 or more based on the definition of blood and
breath units in Section 11-501.2 of the Illinois Vehicle
Code, as amended;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such person
incapable of safely operating a watercraft; or
(e) There is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis as defined in
the Cannabis Control Act or a controlled substance listed
in the Illinois Controlled Substances Act.
2. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not constitute
a defense against any charge of violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as otherwise
provided in this Section.
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; or
(b) The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement.
5. Every person convicted of violating this Section
shall be guilty of a Class 3 felony if the offense results in
the death of a person.
6. (a) In addition to any criminal penalties imposed,
the Department of Conservation shall suspend the watercraft
operation privileges of any person convicted of a misdemeanor
under this Section for a period of 1 year.
(b) In addition to any criminal penalties imposed, the
Department of Conservation shall suspend the watercraft
operation privileges of any person convicted of a felony
under this Section for a period of 3 years.
(B) 1. Any person who operates any watercraft upon the
waters of this State shall be deemed to have given consent to
a chemical test or tests of blood, breath or urine for the
purpose of determining the alcohol, other drug, or
combination thereof content of such person's blood if
arrested for any offense of subsection (A) above. The test or
tests shall be administered at the direction of the arresting
officer.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided above.
3. A person requested to submit to a test as provided
above shall be verbally advised by the law enforcement
officer requesting the test that a refusal to submit to the
test will result in suspension of such person's privilege to
operate a watercraft. Following this warning, if a person
under arrest refuses upon the request of a law enforcement
officer to submit to a test designated by the officer, none
shall be given, but the law enforcement officer shall file
with the clerk of the circuit court for the county in which
the arrest was made, a sworn statement naming the person
refusing to take and complete the test or tests requested
under the provisions of this Section. Such sworn statement
shall identify the arrested person, such person's current
residence address and shall specify that a refusal by such
person to take the test or tests was made. Such sworn
statement shall include a statement that the arresting
officer had reasonable cause to believe the person was
operating the watercraft within this State while under the
influence of alcohol, other drug, or combination thereof and
that such test or tests were made as an incident to and
following the lawful arrest for an offense as defined in this
Section or a similar provision of a local ordinance, and that
the person after being arrested for an offense arising out of
acts alleged to have been committed while so operating a
watercraft refused to submit to and complete a test or tests
as requested by the law enforcement officer.
The clerk shall thereupon notify such person in writing
that the person's privilege to operate a watercraft will be
suspended unless, within 28 days from the date of mailing of
the notice, such person shall request in writing a hearing
thereon; if the person desires a hearing, such person shall
file a complaint in the circuit court for and in the county
in which such person was arrested for such hearing. Such
hearing shall proceed in the court in the same manner as
other civil proceedings, shall cover only the issues of
whether the person was placed under arrest for an offense as
defined in this Section or a similar provision of a local
ordinance as evidenced by the issuance of a uniform citation;
whether the arresting officer had reasonable grounds to
believe that such person was operating a watercraft while
under the influence of alcohol, other drug, or combination
thereof; and whether such person refused to submit and
complete the test or tests upon the request of the law
enforcement officer. Whether the person was informed that
such person's privilege to operate a watercraft would be
suspended if such person refused to submit to the test or
tests shall not be an issue.
If the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Conservation of the court's decision, and the
Department shall suspend the watercraft operation privileges
of the person for at least 2 years.
4. A person must submit to each test offered by the law
enforcement officer in order to comply with the implied
consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois
Vehicle Code, as amended, concerning the certification and
use of chemical tests apply to the use of such tests under
this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by
analysis of a person's blood, urine, breath, or other bodily
substance shall give rise to the following presumptions
specified in subdivisions 1, 2, and 3 of subsection (b) of
Section 11-501.2 of the Illinois Vehicle Code.: 1. If there
was at that time an alcohol concentration of 0.05 or less, it
shall be presumed that the person was not under the influence
of alcohol. 2. If there was at that time an alcohol
concentration in excess of 0.05 but less than 0.10, such
facts shall not give rise to any presumption that the person
was or was not under the influence of alcohol, but such fact
may be considered with other competent evidence in
determining whether the person was under the influence of
alcohol. 3. If there was at that time an alcohol
concentration of 0.10 or more, it shall be presumed that the
person was under the influence of alcohol. 4. The foregoing
provisions of this subsection (C) shall not be construed as
limiting the introduction of any other relevant evidence
bearing upon the question whether the person was under the
influence of alcohol.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, evidence
of refusal shall be admissible in any civil or criminal
action or proceeding arising out of acts alleged to have been
committed while the person under the influence of alcohol, or
other drugs, or combination of both was operating a
watercraft.
(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly
permit a watercraft to be operated by any person under the
influence of alcohol, other drug, or combination thereof.
(F) Whenever any person is convicted of a violation of
this Section, the court shall notify the Division of Law
Enforcement of the Department of Conservation, to provide the
Department with the records essential for the performance of
the Department's duties to monitor and enforce any order of
suspension or revocation concerning the privilege to operate
a watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 6
hours after such arrest.
(Source: P.A. 88-175; 88-670, eff. 12-2-94.)
(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion probable cause
to believe that a person is violating or has violated Section
5-16 or a similar provision of a local ordinance, the
officer, prior to before an arrest, may request the person to
provide a sample of his or her breath for a preliminary
breath screening test using a portable device approved by the
Department of Public Health. The results of this preliminary
breath screening test may be used by the law enforcement
officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under
Section 5-16 and the appropriate type of test to request.
Any chemical test authorized under Section 5-16 may be
requested by the officer regardless of the result of the
preliminary breath screening test if probable cause for an
arrest exists. The result of a preliminary breath screening
test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of
Section 5-16.
(Source: P.A. 87-803; 88-670, eff. 12-2-94.)