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92nd General Assembly

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Public Act 92-0615

SB1752 Enrolled                               LRB9212609DHgcA

    AN ACT in relation to vehicles.

    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 Section 5-7 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;
         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,  when   the
    violation was a proximate cause of the injuries. A person
    guilty  of  a  Class  4 felony under this paragraph 2, if
    sentenced to a term of imprisonment, shall  be  sentenced
    to not less than one year nor more than 12 years.
    (e)  Every  person convicted of violating this Section is
guilty of a Class 2 3 felony if the offense  results  in  the
death  of a person. A person guilty of a Class 2 felony under
this subsection (e), if sentenced to a term of  imprisonment,
shall be sentenced to a term of not less than 3 years and not
more than 14 years.
    (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; 90-215, eff. 1-1-98.)

    Section  10.  The  Boat  Registration  and  Safety Act is
amended by changing Section 5-16 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;
              (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,  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.
         5.  Every person convicted of violating this Section
    shall  be  guilty  of  a  Class 2 3 felony if the offense
    results in the death of a person. A person  guilty  of  a
    Class  2 felony under this paragraph 5, if sentenced to a
    term of imprisonment, shall be sentenced to a term of not
    less than 3 years and not more than 14 years.
         6. (a)  In  addition  to  any   criminal   penalties
         imposed,  the  Department of Natural Resources shall
         suspend the watercraft operation privileges  of  any
         person convicted of a misdemeanor under this Section
         for a period of one year.
              (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 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 Natural Resources 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 presumptions specified in
subdivisions 1,  2,  and  3  of  subsection  (b)  of  Section
11-501.2   of   the   Illinois  Vehicle  Code. 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  Natural  Resources,  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.  89-445,  eff.  2-7-96;  90-215,  eff.  1-1-98;
90-655, eff. 7-30-98.)
    Passed in the General Assembly April 17, 2002.
    Approved July 08, 2002.
    Effective January 01, 2003.

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