Full Text of SB2248 96th General Assembly
SB2248eng 96TH GENERAL ASSEMBLY
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SB2248 Engrossed |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 1-197.5, 2-118.1, 11-500, and 11-501 and adding | 6 |
| Section 6-100.5 as follows:
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| (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
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| Sec. 1-197.5.
Statutory summary alcohol or other drug | 9 |
| related suspension
of driver's privileges. The withdrawal by | 10 |
| the circuit court of a
person's license or privilege to operate | 11 |
| a motor vehicle on the public
highways for the periods provided | 12 |
| in Section 6-208.1. Reinstatement after
the suspension period | 13 |
| shall occur after all appropriate fees have been
paid, unless | 14 |
| the court notifies the Secretary of State that the person
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| should be disqualified. The bases for this withdrawal of | 16 |
| driving privileges
shall be the individual's refusal to submit | 17 |
| to or failure to complete a
chemical test or tests following an | 18 |
| arrest for the offense of driving or operating under
the | 19 |
| influence of alcohol, other drugs, or intoxicating compounds,
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| or any combination thereof, or submission to such a
test or | 21 |
| tests indicating an alcohol concentration of 0.08 or more
as | 22 |
| provided in Section 11-501.1 of this Code , Section 5-7.1 of the | 23 |
| Snowmobile Registration and Safety Act, or Section 5-16 of the |
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| Boat Registration and Safety Act .
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| (Source: P.A. 92-834, eff. 8-22-02.)
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| (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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| Sec. 2-118.1. Opportunity for hearing; statutory summary | 5 |
| alcohol
or other drug related suspension. | 6 |
| (a) A statutory summary suspension of driving privileges | 7 |
| under Section
11-501.1 shall not become effective until the | 8 |
| person is notified in writing of
the impending suspension and | 9 |
| informed that he may request a hearing in the
circuit court of | 10 |
| venue under paragraph (b) of this Section and the statutory
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| summary suspension shall become effective as provided in | 12 |
| Section 11-501.1.
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| (b) Within 90 days after the notice of statutory summary
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| suspension served under Section
11-501.1, the person may make a | 15 |
| written request for a judicial hearing in
the circuit court of | 16 |
| venue. The request to the circuit court shall state
the grounds | 17 |
| upon which the person seeks to have the statutory summary
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| suspension rescinded. Within 30 days after receipt of the | 19 |
| written request
or the first appearance date on the Uniform | 20 |
| Traffic Ticket issued pursuant
to a violation of Section | 21 |
| 11-501, or a similar provision of a local
ordinance, the | 22 |
| hearing shall be conducted by the circuit court having
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| jurisdiction. This judicial hearing, request, or process shall | 24 |
| not stay or
delay the statutory summary suspension. The | 25 |
| hearings shall proceed in the
court in the same manner as in |
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| other civil proceedings.
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| The hearing may be conducted upon a review of the law | 3 |
| enforcement
officer's own official reports; provided however, | 4 |
| that the person may
subpoena the officer. Failure of the | 5 |
| officer to answer the subpoena shall
be considered grounds for | 6 |
| a continuance if in the court's discretion the
continuance is | 7 |
| appropriate.
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| The scope of the hearing shall be limited to the issues of:
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| 1. Whether the person was placed under arrest for an | 10 |
| offense as defined
in Section 11-501, or a similar | 11 |
| provision of a local ordinance, as evidenced
by the | 12 |
| issuance of a Uniform Traffic Ticket, or issued a Uniform | 13 |
| Traffic
Ticket out of state as provided in subsection (a) | 14 |
| of Section 11-501.1; and
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| 2. Whether the officer had reasonable grounds to | 16 |
| believe that
the person was driving or in actual physical | 17 |
| control of a motor vehicle
upon a highway while under the | 18 |
| influence of alcohol, other drug, or
combination of both; | 19 |
| and
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| 3. Whether the person, after being advised by the | 21 |
| officer
that the privilege to operate a motor vehicle would | 22 |
| be suspended if the
person refused to submit to and | 23 |
| complete the test or tests, did refuse to
submit to or | 24 |
| complete the test or tests to determine the person's | 25 |
| alcohol
or drug concentration; or
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| 4. Whether the person, after being advised by the |
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| officer that
the privilege to operate a motor vehicle would | 2 |
| be suspended if the person
submits to a chemical test, or | 3 |
| tests, and the test discloses an alcohol
concentration of | 4 |
| 0.08 or more, or any amount of a drug, substance,
or | 5 |
| compound in the person's blood or urine resulting from the | 6 |
| unlawful use or
consumption of cannabis listed in the | 7 |
| Cannabis Control Act, a controlled
substance listed in the | 8 |
| Illinois Controlled Substances Act, an intoxicating
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| compound as listed in the Use of Intoxicating Compounds | 10 |
| Act, or methamphetamine as listed in the Methamphetamine | 11 |
| Control and Community Protection Act, and the person
did | 12 |
| submit to and complete the test or tests that determined an | 13 |
| alcohol
concentration of 0.08 or more.
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| Upon the conclusion of the judicial hearing, the circuit | 15 |
| court shall
sustain or rescind the statutory summary suspension | 16 |
| and immediately notify
the Secretary of State. Reports received | 17 |
| by the Secretary of State under
this Section shall be | 18 |
| privileged information and for use only by the
courts, police | 19 |
| officers, and Secretary of State.
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| (c) For purposes of this Section: | 21 |
| (1) A violation of Section 5-7 of the Snowmobile | 22 |
| Registration and Safety Act or a similar provision of a | 23 |
| local ordinance or a similar out-of-state offense, or | 24 |
| Section 5-16 of the Boat Registration and Safety Act or a | 25 |
| similar provision of a local ordinance or a similar | 26 |
| out-of-state offense shall be deemed to be the same as a |
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| violation of Section
11-501 of this Code. | 2 |
| (2) A suspension for refusal to submit to a chemical | 3 |
| test under Section 5-7.1 of the Snowmobile Registration and | 4 |
| Safety Act or Section 5-16 of the Boat Registration and | 5 |
| Safety Act shall be deemed to be the same as a statutory | 6 |
| summary suspension for refusal to submit to a chemical test | 7 |
| under Section
11-501.1 or 11-501.8 of this Code. | 8 |
| (3) A refusal to submit to a chemical test under | 9 |
| Section 5-7.1 of the Snowmobile Registration and Safety Act | 10 |
| or Section 5-16 of the Boat Registration and Safety Act | 11 |
| shall be deemed to be the same as a refusal to submit to a | 12 |
| chemical test under Section
11-501.1 or 11-501.8 of this | 13 |
| Code. | 14 |
| (Source: P.A. 95-355, eff. 1-1-08.)
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| (625 ILCS 5/6-100.5 new)
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| Sec. 6-100.5. Snowmobile Registration and Safety Act; Boat | 17 |
| Registration and Safety Act. For purposes of this Chapter: | 18 |
| (1) A violation of Section 5-7 of the Snowmobile | 19 |
| Registration and Safety Act or a similar provision of a | 20 |
| local ordinance or a similar out-of-state offense, or | 21 |
| Section 5-16 of the Boat Registration and Safety Act or a | 22 |
| similar provision of a local ordinance or a similar | 23 |
| out-of-state offense shall be deemed to be the same as a | 24 |
| violation of Section
11-501 of this Code. | 25 |
| (2) A suspension for refusal to submit to a chemical |
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| test under Section 5-7.1 of the Snowmobile Registration and | 2 |
| Safety Act or Section 5-16 of the Boat Registration and | 3 |
| Safety Act shall be deemed to be the same as a statutory | 4 |
| summary suspension for refusal to submit to a chemical test | 5 |
| under Section
11-501.1 or 11-501.8 of this Code. | 6 |
| (3) A refusal to submit to a chemical test under | 7 |
| Section 5-7.1 of the Snowmobile Registration and Safety Act | 8 |
| or Section 5-16 of the Boat Registration and Safety Act | 9 |
| shall be deemed to be the same as a refusal to submit to a | 10 |
| chemical test under Section
11-501.1 or 11-501.8 of this | 11 |
| Code.
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| (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
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| Sec. 11-500. First offender. Definitions. | 14 |
| (a) For the purposes of interpreting Sections
6-206.1 and | 15 |
| 6-208.1 of this Code , Section 5-7 of the Snowmobile | 16 |
| Registration and Safety Act, and Section 5-16 of the Boat | 17 |
| Registration and Safety Act , "first offender" shall mean any | 18 |
| person
who has not , within 5 years prior to the date of
the
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| current offense, had : | 20 |
| (1) a previous conviction or court assigned | 21 |
| supervision for
violating : | 22 |
| (A) Section 11-501 , or a similar provision of a | 23 |
| local ordinance ; ,
or | 24 |
| (B) a conviction in any other state for a violation | 25 |
| of driving while under
the influence or a similar |
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| offense where the cause of action is the same
or | 2 |
| substantially similar to this Code , Section 5-7 of the | 3 |
| Snowmobile Registration and Safety Act, or Section | 4 |
| 5-16 of the Boat Registration and Safety Act; | 5 |
| (C) similar offenses committed on a military | 6 |
| installation ; | 7 |
| (D) Section 5-7 of the Snowmobile Registration and | 8 |
| Safety Act or a similar provision of a local ordinance; | 9 |
| (E) Section 5-16 of the Boat Registration and | 10 |
| Safety Act or a similar provision of a local ordinance; | 11 |
| or | 12 |
| (F) Title 46 of the U.S. Code of Federal | 13 |
| Regulations where the presence of
alcohol, other
drug | 14 |
| or drugs, intoxicating compound or compounds, or | 15 |
| combination thereof
in the person's blood is an element | 16 |
| of the offense. | 17 |
| (2) or any
person who has not had a driver's license , | 18 |
| snowmobile operating privileges, or boating operating | 19 |
| privileges
suspension for violating : | 20 |
| (A) Section 11-501.1 of this Code; | 21 |
| (B) Section 5-7.1 of the Snowmobile Registration | 22 |
| and Safety Act; or | 23 |
| (C) subsection (B) of Section 5-16 of the Boat | 24 |
| Registration and Safety Act. | 25 |
| (b) The definition of "first offender" in subsection (a) | 26 |
| does not include within 5 years prior to the date of
the
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| current offense, except in cases where the person driver | 2 |
| submitted to
chemical testing resulting in an alcohol | 3 |
| concentration of 0.08 or
more,
or any amount of a drug, | 4 |
| substance, or compound in such person's blood or
urine | 5 |
| resulting from the unlawful use or consumption of cannabis | 6 |
| listed in
the Cannabis Control Act, a controlled substance | 7 |
| listed in the
Illinois
Controlled Substances Act, or an | 8 |
| intoxicating compound listed in the Use
of
Intoxicating | 9 |
| Compounds Act, or methamphetamine as listed in the | 10 |
| Methamphetamine Control and Community Protection Act and
was | 11 |
| subsequently found not guilty of violating Section 11-501 , or a | 12 |
| similar
provision of a local ordinance , Section 5-7 of the | 13 |
| Snowmobile Registration and Safety Act or similar provision of | 14 |
| a local ordinance, or Section 5-16 of the Boat Registration and | 15 |
| Safety Act or similar provision of a local ordinance .
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| (Source: P.A. 95-355, eff. 1-1-08.)
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 18 |
| Sec. 11-501. Driving while under the influence of alcohol, | 19 |
| other drug or drugs, intoxicating compound or compounds or any | 20 |
| combination thereof.
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| (a) A person shall not drive or be in actual physical | 22 |
| control of any motor vehicle , as defined in Section 1-146, | 23 |
| within this State while: | 24 |
| (1) the alcohol concentration in the person's blood or | 25 |
| breath is 0.08 or more based on the definition of blood and |
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| breath units in Section 11-501.2; | 2 |
| (2) under the influence of alcohol; | 3 |
| (3) under the influence of any intoxicating compound or | 4 |
| combination of intoxicating compounds to a degree that | 5 |
| renders the person incapable of driving safely; | 6 |
| (4) under the influence of any other drug or | 7 |
| combination of drugs to a degree that renders the person | 8 |
| incapable of safely driving; | 9 |
| (5) under the combined influence of alcohol, other drug | 10 |
| or drugs, or intoxicating compound or compounds to a degree | 11 |
| that renders the person incapable of safely driving; or | 12 |
| (6) there is any amount of a drug, substance, or | 13 |
| compound in the person's breath, blood, or urine resulting | 14 |
| from the unlawful use or consumption of cannabis listed in | 15 |
| the Cannabis Control Act, a controlled substance listed in | 16 |
| the Illinois Controlled Substances Act, an intoxicating | 17 |
| compound listed in the Use of Intoxicating Compounds Act, | 18 |
| or methamphetamine as listed in the Methamphetamine | 19 |
| Control and Community Protection Act.
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| (b) The fact that any person charged with violating this | 21 |
| Section is or has been legally entitled to use alcohol, other | 22 |
| drug or drugs, or intoxicating compound or compounds, or any | 23 |
| combination thereof, shall not constitute a defense against any | 24 |
| charge of violating this Section. | 25 |
| (c) Penalties. | 26 |
| (1) Except as otherwise provided in this Section, any |
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| person convicted of violating subsection (a) of this | 2 |
| Section is guilty of a Class A misdemeanor. | 3 |
| (2) A person who violates subsection (a) or a similar | 4 |
| provision a second time shall be sentenced to a mandatory | 5 |
| minimum term of either 5 days of imprisonment or 240 hours | 6 |
| of community service in addition to any other criminal or | 7 |
| administrative sanction. | 8 |
| (3) A person who violates subsection (a) is subject to | 9 |
| 6 months of imprisonment, an additional mandatory minimum | 10 |
| fine of $1,000, and 25 days of community service in a | 11 |
| program benefiting children if the person was transporting | 12 |
| a person under the age of 16 at the time of the violation. | 13 |
| (4) A person who violates subsection (a) a first time, | 14 |
| if the alcohol concentration in his or her blood, breath, | 15 |
| or urine was 0.16 or more based on the definition of blood, | 16 |
| breath, or urine units in Section 11-501.2, shall be | 17 |
| subject, in addition to any other penalty that may be | 18 |
| imposed, to a mandatory minimum of 100 hours of community | 19 |
| service and a mandatory minimum fine of $500. | 20 |
| (5) A person who violates subsection (a) a second time, | 21 |
| if at the time of the second violation the alcohol | 22 |
| concentration in his or her blood, breath, or urine was | 23 |
| 0.16 or more based on the definition of blood, breath, or | 24 |
| urine units in Section 11-501.2, shall be subject, in | 25 |
| addition to any other penalty that may be imposed, to a | 26 |
| mandatory minimum of 2 days of imprisonment and a mandatory |
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| minimum fine of $1,250. | 2 |
| (d) Aggravated driving under the influence of alcohol, | 3 |
| other drug or drugs, or intoxicating compound or compounds, or | 4 |
| any combination thereof.
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| (1) Every person convicted of committing a violation of | 6 |
| this Section shall be guilty of aggravated driving under | 7 |
| the influence of alcohol, other drug or drugs, or | 8 |
| intoxicating compound or compounds, or any combination | 9 |
| thereof if: | 10 |
| (A) the person committed a violation of subsection | 11 |
| (a) or a similar provision for the third or subsequent | 12 |
| time; | 13 |
| (B) the person committed a violation of subsection | 14 |
| (a) while driving a school bus with persons 18 years of | 15 |
| age or younger on board; | 16 |
| (C) the person in committing a violation of | 17 |
| subsection (a) was involved in a motor vehicle accident | 18 |
| that resulted in great bodily harm or permanent | 19 |
| disability or disfigurement to another, when the | 20 |
| violation was a proximate cause of the injuries; | 21 |
| (D) the person committed a violation of subsection | 22 |
| (a) for a second time and has been previously convicted | 23 |
| of violating Section 9-3 of the Criminal Code of 1961 | 24 |
| or a similar provision of a law of another state | 25 |
| relating to reckless homicide in which the person was | 26 |
| determined to have been under the influence of alcohol, |
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| other drug or drugs, or intoxicating compound or | 2 |
| compounds as an element of the offense or the person | 3 |
| has previously been convicted under subparagraph (C) | 4 |
| or subparagraph (F) of this paragraph (1); | 5 |
| (E) the person, in committing a violation of | 6 |
| subsection (a) while driving at any speed in a school | 7 |
| speed zone at a time when a speed limit of 20 miles per | 8 |
| hour was in effect under subsection (a) of Section | 9 |
| 11-605 of this Code, was involved in a motor vehicle | 10 |
| accident that resulted in bodily harm, other than great | 11 |
| bodily harm or permanent disability or disfigurement, | 12 |
| to another person, when the violation of subsection (a) | 13 |
| was a proximate cause of the bodily harm; | 14 |
| (F) the person, in committing a violation of | 15 |
| subsection (a), was involved in a motor vehicle, | 16 |
| snowmobile, all-terrain vehicle, or watercraft | 17 |
| accident that resulted in the death of another person, | 18 |
| when the violation of subsection (a) was a proximate | 19 |
| cause of the death; | 20 |
| (G) the person committed a violation of subsection | 21 |
| (a) during a period in which the defendant's driving | 22 |
| privileges are revoked or suspended, where the | 23 |
| revocation or suspension was for a violation of | 24 |
| subsection (a) or a similar provision, Section | 25 |
| 11-501.1, paragraph (b) of Section 11-401, or for | 26 |
| reckless homicide as defined in Section 9-3 of the |
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| Criminal Code of 1961; | 2 |
| (H) the person committed the violation while he or | 3 |
| she did not possess a driver's license or permit or a | 4 |
| restricted driving permit or a judicial driving permit | 5 |
| or a monitoring device driving permit; | 6 |
| (I) the person committed the violation while he or | 7 |
| she knew or should have known that the vehicle he or | 8 |
| she was driving was not covered by a liability | 9 |
| insurance policy; | 10 |
| (J) the person in committing a violation of | 11 |
| subsection (a) was involved in a motor vehicle accident | 12 |
| that resulted in bodily harm, but not great bodily | 13 |
| harm, to the child under the age of 16 being | 14 |
| transported by the person, if the violation was the | 15 |
| proximate cause of the injury; or | 16 |
| (K) the person in committing a second violation of | 17 |
| subsection (a) or a similar provision was transporting | 18 |
| a person under the age of 16. | 19 |
| (2)(A) Except as provided otherwise, a person | 20 |
| convicted of aggravated driving under the influence of | 21 |
| alcohol, other drug or drugs, or intoxicating compound or | 22 |
| compounds, or any combination thereof is guilty of a Class | 23 |
| 4 felony. | 24 |
| (B) A third violation of this Section or a similar | 25 |
| provision is a Class 2 felony. If at the time of the third | 26 |
| violation the alcohol concentration in his or her blood, |
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| breath, or urine was 0.16 or more based on the definition | 2 |
| of blood, breath, or urine units in Section 11-501.2, a | 3 |
| mandatory minimum of 90 days of imprisonment and a | 4 |
| mandatory minimum fine of $2,500 shall be imposed in | 5 |
| addition to any other criminal or administrative sanction. | 6 |
| If at the time of the third violation, the defendant was | 7 |
| transporting a person under the age of 16, a mandatory fine | 8 |
| of $25,000 and 25 days of community service in a program | 9 |
| benefiting children shall be imposed in addition to any | 10 |
| other criminal or administrative sanction. | 11 |
| (C) A fourth violation of this Section or a similar | 12 |
| provision is a Class 2 felony, for which a sentence of | 13 |
| probation or conditional discharge may not be imposed. If | 14 |
| at the time of the violation, the alcohol concentration in | 15 |
| the defendant's blood, breath, or urine was 0.16 or more | 16 |
| based on the definition of blood, breath, or urine units in | 17 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 18 |
| be imposed in addition to any other criminal or | 19 |
| administrative sanction. If at the time of the fourth | 20 |
| violation, the defendant was transporting a person under | 21 |
| the age of 16 a mandatory fine of $25,000 and 25 days of | 22 |
| community service in a program benefiting children shall be | 23 |
| imposed in addition to any other criminal or administrative | 24 |
| sanction. | 25 |
| (D) A fifth violation of this Section or a similar | 26 |
| provision is a Class 1 felony, for which a sentence of |
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| probation or conditional discharge may not be imposed. If | 2 |
| at the time of the violation, the alcohol concentration in | 3 |
| the defendant's blood, breath, or urine was 0.16 or more | 4 |
| based on the definition of blood, breath, or urine units in | 5 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 6 |
| be imposed in addition to any other criminal or | 7 |
| administrative sanction. If at the time of the fifth | 8 |
| violation, the defendant was transporting a person under | 9 |
| the age of 16, a mandatory fine of $25,000, and 25 days of | 10 |
| community service in a program benefiting children shall be | 11 |
| imposed in addition to any other criminal or administrative | 12 |
| sanction. | 13 |
| (E) A sixth or subsequent violation of this Section or | 14 |
| similar provision is a Class X felony. If at the time of | 15 |
| the violation, the alcohol concentration in the | 16 |
| defendant's blood, breath, or urine was 0.16 or more based | 17 |
| on the definition of blood, breath, or urine units in | 18 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 19 |
| be imposed in addition to any other criminal or | 20 |
| administrative sanction. If at the time of the violation, | 21 |
| the defendant was transporting a person under the age of | 22 |
| 16, a mandatory fine of $25,000 and 25 days of community | 23 |
| service in a program benefiting children shall be imposed | 24 |
| in addition to any other criminal or administrative | 25 |
| sanction. | 26 |
| (F) For a violation of subparagraph (C) of paragraph |
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| (1) of this subsection (d), the defendant, if sentenced to | 2 |
| a term of imprisonment, shall be sentenced to not less than | 3 |
| one year nor more than 12 years. | 4 |
| (G) A violation of subparagraph (F) of paragraph (1) of | 5 |
| this subsection (d) is a Class 2 felony, for which the | 6 |
| defendant, unless the court determines that extraordinary | 7 |
| circumstances exist and require probation, shall be | 8 |
| sentenced to: (i) a term of imprisonment of not less than 3 | 9 |
| years and not more than 14 years if the violation resulted | 10 |
| in the death of one person; or (ii) a term of imprisonment | 11 |
| of not less than 6 years and not more than 28 years if the | 12 |
| violation resulted in the deaths of 2 or more persons. | 13 |
| (H) For a violation of subparagraph (J) of paragraph | 14 |
| (1) of this subsection (d), a mandatory fine of $2,500, and | 15 |
| 25 days of community service in a program benefiting | 16 |
| children shall be imposed in addition to any other criminal | 17 |
| or administrative sanction. | 18 |
| (I) A violation of subparagraph (K) of paragraph (1) of | 19 |
| this subsection (d), is a Class 2 felony and a mandatory | 20 |
| fine of $2,500, and 25 days of community service in a | 21 |
| program benefiting children shall be imposed in addition to | 22 |
| any other criminal or administrative sanction. If the child | 23 |
| being transported suffered bodily harm, but not great | 24 |
| bodily harm, in a motor vehicle accident, and the violation | 25 |
| was the proximate cause of that injury, a mandatory fine of | 26 |
| $5,000 and 25 days of community service in a program |
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| benefiting children shall be imposed in addition to any | 2 |
| other criminal or administrative sanction. | 3 |
| (3) Any person sentenced under this subsection (d) who | 4 |
| receives a term of probation or conditional discharge must | 5 |
| serve a minimum term of either 480 hours of community | 6 |
| service or 10 days of imprisonment as a condition of the | 7 |
| probation or conditional discharge in addition to any other | 8 |
| criminal or administrative sanction. | 9 |
| (e) Any reference to a prior violation of subsection (a) or | 10 |
| a similar provision includes any violation of a provision of a | 11 |
| local ordinance or a provision of a law of another state or an | 12 |
| offense committed on a military installation that is similar to | 13 |
| a violation of subsection (a) of this Section. | 14 |
| (f) The imposition of a mandatory term of imprisonment or | 15 |
| assignment of community service for a violation of this Section | 16 |
| shall not be suspended or reduced by the court. | 17 |
| (g) Any penalty imposed for driving with a license that has | 18 |
| been revoked for a previous violation of subsection (a) of this | 19 |
| Section shall be in addition to the penalty imposed for any | 20 |
| subsequent violation of subsection (a). | 21 |
| (h) For any prosecution under this Section, a certified | 22 |
| copy of the driving abstract of the defendant shall be admitted | 23 |
| as proof of any prior conviction.
| 24 |
| (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | 25 |
| eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | 26 |
| eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; |
|
|
|
SB2248 Engrossed |
- 18 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | 2 |
| 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.) | 3 |
| Section 10. The Snowmobile Registration and Safety Act is | 4 |
| amended by changing Sections 5-7 and 5-7.1 as follows:
| 5 |
| (625 ILCS 40/5-7)
| 6 |
| Sec. 5-7. Operating a snowmobile while under the influence | 7 |
| of alcohol or
other drug or drugs, intoxicating compound or | 8 |
| compounds, or a combination of
them; criminal penalties; | 9 |
| suspension of operating privileges. | 10 |
| (a) A person may not operate or be in actual physical | 11 |
| control of a
snowmobile within this State
while:
| 12 |
| 1. The alcohol concentration in that person's blood or | 13 |
| breath is a
concentration at which driving a motor vehicle | 14 |
| is prohibited under
subdivision (1) of subsection (a) of
| 15 |
| Section 11-501 of the Illinois Vehicle Code;
| 16 |
| 2. The person is under the influence of alcohol;
| 17 |
| 3. The person is under the influence of any other drug | 18 |
| or combination of
drugs to a degree that renders that | 19 |
| person incapable of safely operating a
snowmobile;
| 20 |
| 3.1. The person is under the influence of any | 21 |
| intoxicating compound or
combination of intoxicating | 22 |
| compounds to a degree that renders the person
incapable of | 23 |
| safely operating a snowmobile;
| 24 |
| 4. The person is under the combined influence of |
|
|
|
SB2248 Engrossed |
- 19 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| alcohol and any other
drug or drugs or intoxicating | 2 |
| compound or compounds to a degree that
renders that person | 3 |
| incapable of safely
operating a snowmobile; or
| 4 |
| 5. There is any amount of a drug, substance, or | 5 |
| compound in that person's
breath, blood, or urine resulting | 6 |
| from the unlawful use or consumption
of cannabis
listed in | 7 |
| the Cannabis Control Act, controlled substance listed in | 8 |
| the
Illinois Controlled Substances Act, or intoxicating | 9 |
| compound listed in the
use
of Intoxicating Compounds Act.
| 10 |
| (b) The fact that a person charged with violating this | 11 |
| Section is or has
been legally entitled to use alcohol, other | 12 |
| drug or drugs, any
intoxicating
compound or compounds, or any | 13 |
| combination of them does not constitute a
defense against a | 14 |
| charge of violating this Section.
| 15 |
| (c) Every person convicted of violating this Section or a | 16 |
| similar
provision of a local ordinance is guilty of a
Class A | 17 |
| misdemeanor, except as otherwise provided in this Section.
| 18 |
| (c-1) As used in this Section, "first time offender" has | 19 |
| the meaning ascribed to that term in Section 11-500 of the | 20 |
| Illinois Vehicle Code. means any person who has not had a | 21 |
| previous conviction or been assigned supervision for violating | 22 |
| this Section or a similar provision of a local ordinance, or | 23 |
| any person who has not had a suspension imposed under | 24 |
| subsection (e) of Section 5-7.1. | 25 |
| (c-2) For purposes of this Section, the following are | 26 |
| equivalent to a conviction: |
|
|
|
SB2248 Engrossed |
- 20 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| (1) a forfeiture of bail or collateral deposited to | 2 |
| secure a defendant's appearance in court when forfeiture | 3 |
| has not been vacated; or | 4 |
| (2) the failure of a defendant to appear for trial.
| 5 |
| (d) Every person convicted of violating this Section is | 6 |
| guilty of a
Class 4 felony if:
| 7 |
| 1. The person has a previous conviction under this | 8 |
| Section;
| 9 |
| 2. The offense results in personal injury where a | 10 |
| person other than the
operator suffers great bodily harm or | 11 |
| permanent disability or disfigurement,
when the violation | 12 |
| was a proximate cause of the injuries.
A person guilty of a | 13 |
| Class 4 felony under this paragraph 2, if sentenced to a
| 14 |
| term of imprisonment, shall be sentenced to not less than | 15 |
| one year nor more
than
12 years; or
| 16 |
| 3. The offense occurred during a period in which the | 17 |
| person's privileges
to
operate a snowmobile are revoked or | 18 |
| suspended, and the revocation or
suspension was for a | 19 |
| violation of this Section or was imposed under Section
| 20 |
| 5-7.1.
| 21 |
| (e) Every person convicted of violating this Section is | 22 |
| guilty
of a
Class 2 felony if the offense results in the death | 23 |
| of a person.
A person guilty of a Class 2 felony under this | 24 |
| subsection (e), if sentenced
to
a term of imprisonment, shall | 25 |
| be sentenced to a term of not less than 3 years
and not more | 26 |
| than 14 years.
|
|
|
|
SB2248 Engrossed |
- 21 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| (e-1) Every person convicted of violating this Section or a | 2 |
| similar
provision of a local ordinance who had a child under | 3 |
| the age of 16 on board the
snowmobile at the time of offense | 4 |
| shall be subject to a mandatory minimum fine
of $500 and shall | 5 |
| be subject to a mandatory minimum of 5 days of community
| 6 |
| service in a program benefiting children. The assignment under | 7 |
| this subsection
shall not be subject to suspension nor shall | 8 |
| the person be eligible for
probation in order to reduce the | 9 |
| assignment.
| 10 |
| (e-2) Every person found guilty of violating this Section, | 11 |
| whose operation
of
a snowmobile while in violation of this | 12 |
| Section proximately caused any incident
resulting in an | 13 |
| appropriate emergency response, shall be liable for the expense
| 14 |
| of an emergency response as provided in subsection (m) of | 15 |
| Section 11-501 of the Illinois Vehicle Code.
| 16 |
| (e-3) In addition to any other penalties and liabilities, a | 17 |
| person who is
found guilty of violating this Section, including | 18 |
| any person placed on court
supervision, shall be fined $100, | 19 |
| payable to the circuit clerk, who shall
distribute the money to | 20 |
| the law enforcement agency that made the arrest. In the
event | 21 |
| that more than one agency is responsible for the arrest, the | 22 |
| $100
shall be shared equally. Any moneys received by a law | 23 |
| enforcement agency under
this subsection (e-3) shall be used to | 24 |
| purchase law enforcement equipment or to
provide law | 25 |
| enforcement training that will assist in the prevention of | 26 |
| alcohol
related criminal violence throughout the State. Law |
|
|
|
SB2248 Engrossed |
- 22 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| enforcement equipment shall
include, but is not limited to, | 2 |
| in-car video cameras, radar and laser speed
detection devices, | 3 |
| and alcohol breath testers.
| 4 |
| (f) In addition to any criminal penalties imposed, the
| 5 |
| Department of Natural Resources shall suspend the
snowmobile | 6 |
| operation privileges of
a person convicted or found guilty of a | 7 |
| misdemeanor under this
Section for a period of one
year, except | 8 |
| that first first-time offenders are exempt from
this mandatory | 9 |
| one year suspension.
| 10 |
| (g) In addition to any criminal penalties imposed, the | 11 |
| Department of Natural
Resources shall suspend for a period of 5 | 12 |
| years the snowmobile operation
privileges of any person | 13 |
| convicted or found guilty of a felony under this
Section.
| 14 |
| (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| 15 |
| (625 ILCS 40/5-7.1)
| 16 |
| Sec. 5-7.1. Implied consent.
| 17 |
| (a) A person who operates or is in actual physical control | 18 |
| of a
snowmobile in this State is deemed to have
given consent | 19 |
| to a chemical test or tests of blood, breath, or urine for the
| 20 |
| purpose of determining the content of alcohol, other drug or
| 21 |
| drugs, intoxicating compound or compounds, or a combination of | 22 |
| them in that person's blood if
arrested for a violation of | 23 |
| Section 5-7. The chemical test or tests shall
be
administered | 24 |
| at the direction of the arresting officer. The law enforcement
| 25 |
| agency employing the officer shall designate which tests shall |
|
|
|
SB2248 Engrossed |
- 23 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| be
administered. A urine test may be administered even after a | 2 |
| blood or breath
test or both has been administered.
| 3 |
| (a-1) For the purposes of this Section, an Illinois law | 4 |
| enforcement
officer of this State who is investigating the | 5 |
| person for any offense defined
in Section 5-7 may travel into | 6 |
| an adjoining state, where the person has been
transported for | 7 |
| medical care to complete an investigation and to request that
| 8 |
| the person submit to the test or tests set forth in this | 9 |
| Section. The
requirements of this Section that the person be | 10 |
| arrested are inapplicable, but
the officer shall issue the | 11 |
| person a uniform citation for an offense as defined
in Section | 12 |
| 5-7 or a similar provision of a local ordinance prior to | 13 |
| requesting
that the person submit to the test or tests. The | 14 |
| issuance of the uniform
citation shall not
constitute an | 15 |
| arrest, but shall be for the purpose of notifying the person | 16 |
| that
he or she is subject to the provisions of this Section and | 17 |
| of the officer's
belief of the existence of probable cause to | 18 |
| arrest. Upon returning to this
State, the officer shall file | 19 |
| the uniform citation with the circuit clerk of
the county where | 20 |
| the offense was committed and shall seek the issuance of an
| 21 |
| arrest warrant or a summons for the person.
| 22 |
| (a-2) Notwithstanding any ability to refuse under this Act | 23 |
| to submit to
these
tests or any ability to revoke the implied | 24 |
| consent to these tests, if a law
enforcement officer has | 25 |
| probable cause to believe that a snowmobile operated by
or | 26 |
| under actual physical control of a person under the influence |
|
|
|
SB2248 Engrossed |
- 24 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| of alcohol,
other drug or drugs, intoxicating
compound or | 2 |
| compounds, or any combination of them has caused the death or
| 3 |
| personal injury to another, that person shall submit, upon the | 4 |
| request of a law
enforcement officer, to a chemical test or | 5 |
| tests of his or her blood, breath,
or
urine for the purpose of | 6 |
| determining the alcohol content or the
presence of any other | 7 |
| drug or combination of both. For the purposes of this
Section, | 8 |
| a personal injury includes severe bleeding wounds, distorted
| 9 |
| extremities, and injuries that require the injured party to be | 10 |
| carried from the
scene for immediate professional attention in | 11 |
| either a doctor's office or a
medical facility.
| 12 |
| (b) A person who is dead, unconscious, or who is otherwise | 13 |
| in a condition
rendering that person incapable of refusal, is | 14 |
| deemed not to have
withdrawn the consent provided in subsection | 15 |
| (a), and the test or tests may
be administered.
| 16 |
| (c) A person requested to submit to a test as provided in | 17 |
| this Section shall
be verbally advised by the law enforcement | 18 |
| officer requesting the test that a
refusal to submit to the | 19 |
| test will result in suspension of that person's
privilege to | 20 |
| operate a snowmobile for a minimum of 2 years , and the | 21 |
| statutory summary suspension of the person's privilege to | 22 |
| operate a motor vehicle, as provided in Section 6-208.1 of the | 23 |
| Illinois Vehicle Code, and will also result in the | 24 |
| disqualification of the person's privilege to operate a | 25 |
| commercial motor vehicle, as provided in Section 6-514 of the | 26 |
| Illinois Vehicle Code, if the person is a CDL holder. The |
|
|
|
SB2248 Engrossed |
- 25 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| person shall also be warned by the law enforcement officer that | 2 |
| if the person submits to the test or tests provided in | 3 |
| paragraph (a) of this Section and the alcohol concentration in | 4 |
| the person's blood or breath is 0.08 or greater, or any amount | 5 |
| of a drug, substance, or compound resulting from the unlawful | 6 |
| use or consumption of cannabis as covered by the Cannabis | 7 |
| Control Act, a controlled substance listed in the Illinois | 8 |
| Controlled Substances Act, an intoxicating compound listed in | 9 |
| the Use of Intoxicating Compounds Act, or methamphetamine as | 10 |
| listed in the Methamphetamine Control and Community Protection | 11 |
| Act is detected in the person's blood or urine, a statutory | 12 |
| summary suspension of the person's privilege to operate a motor | 13 |
| vehicle, as provided in Sections 6-208.1 and 11-501.1 of the | 14 |
| Illinois Vehicle Code, and a disqualification of the person's | 15 |
| privilege to operate a commercial motor vehicle, as provided in | 16 |
| Section 6-514 of the Illinois Vehicle Code, if the person is a | 17 |
| CDL holder, will be imposed. | 18 |
| A person who is under the age of 21 at the time the person | 19 |
| is requested to submit to a test as provided above shall, in | 20 |
| addition to the warnings provided for in this Section, be | 21 |
| further warned by the law enforcement officer requesting the | 22 |
| test that if the person submits to the test or tests provided | 23 |
| in paragraph (a) of this Section and the alcohol concentration | 24 |
| in the person's blood or breath is greater than 0.00 and less | 25 |
| than 0.08, a suspension of the person's privilege to operate a | 26 |
| motor vehicle, as provided under Sections 6-208.2 and 11-501.8 |
|
|
|
SB2248 Engrossed |
- 26 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| of the Illinois Vehicle Code, will be imposed. The results of | 2 |
| this test shall be admissible in a civil or criminal action or | 3 |
| proceeding arising from an arrest for an offense as defined in | 4 |
| Section 5-7 of this Act or a similar provision of a local | 5 |
| ordinance or pursuant to Section 11-501.4 of the Illinois | 6 |
| Vehicle Code in prosecutions for reckless homicide brought | 7 |
| under the Criminal Code of 1961. These test results, however, | 8 |
| shall be admissible only in actions or proceedings directly | 9 |
| related to the incident upon which the test request was made .
| 10 |
| (d) Following this warning, if a person under arrest | 11 |
| refuses upon the
request of a law enforcement officer to submit | 12 |
| to a test designated by the
officer, no tests may be given, but | 13 |
| the law enforcement officer
shall file with
the clerk of the | 14 |
| circuit court for the county in which the arrest was made,
and | 15 |
| with the Department of Natural Resources, a
sworn statement | 16 |
| naming the person refusing to take and complete the
chemical | 17 |
| test or
tests requested under the provisions of this Section. | 18 |
| The sworn statement
shall identify the arrested person, the | 19 |
| person's current residence address and
shall specify that a | 20 |
| refusal by that person to take the chemical test or
tests was | 21 |
| made.
The sworn statement shall include a statement
that the | 22 |
| officer had reasonable cause to believe the person was | 23 |
| operating or
was in actual physical control of the
snowmobile | 24 |
| within this State while under the influence of alcohol,
other | 25 |
| drug or drugs, an intoxicating compound or compound, or a | 26 |
| combination
of them
and that a chemical test or tests were |
|
|
|
SB2248 Engrossed |
- 27 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| requested as an incident to and
following the
lawful
arrest for | 2 |
| an offense as defined in Section 5-7 or a similar provision of | 3 |
| a
local ordinance, and that the person, after being arrested | 4 |
| for an offense
arising out of acts alleged to have been | 5 |
| committed while operating a
snowmobile,
refused to submit to | 6 |
| and complete a chemical test or tests as requested by
the law
| 7 |
| enforcement officer.
| 8 |
| (e) The law enforcement officer submitting the sworn | 9 |
| statement shall serve
immediate written notice upon the person | 10 |
| refusing the chemical test or tests
that the person's privilege | 11 |
| to operate a snowmobile within this State will be
suspended for | 12 |
| a period of 2 years , a statutory summary suspension of the | 13 |
| person's privilege to operate a motor vehicle, as provided in | 14 |
| Sections 6-208.1 and 6-208.2 of the Illinois Vehicle Code will | 15 |
| be imposed, and a disqualification of the person's privilege to | 16 |
| operate a commercial motor vehicle, as provided in Section | 17 |
| 6-514 of the Illinois Vehicle Code, if the person is a CDL | 18 |
| holder, will be imposed unless, within
28 days from the date of | 19 |
| the notice, the person requests in writing a hearing
on the | 20 |
| suspension.
| 21 |
| If the person desires a hearing, the person shall file a | 22 |
| complaint in the
circuit court in the county where that person | 23 |
| was arrested within 28 days from
the date of the notice.
The | 24 |
| hearing shall proceed in the court in the same manner as other | 25 |
| civil
proceedings. The hearing shall cover only the following | 26 |
| issues: (1) whether
the person was placed under
arrest for an |
|
|
|
SB2248 Engrossed |
- 28 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| offense as defined in Section 5-7 or a similar provision of a
| 2 |
| local
ordinance as evidenced by the issuance of a uniform | 3 |
| citation; (2) whether the
arresting officer had reasonable | 4 |
| grounds to believe that the person was
operating a snowmobile | 5 |
| while under the influence of alcohol, other
drug or
drugs, an | 6 |
| intoxicating compound or compounds, or a combination of them; | 7 |
| and
(3) whether that person refused to submit to and complete | 8 |
| the chemical
test or tests upon
the
request of the law | 9 |
| enforcement officer. Whether the person was informed that
the | 10 |
| person's privilege to operate a snowmobile would be suspended | 11 |
| if that
person refused to submit to the chemical test or tests | 12 |
| may not be an issue
in the hearing.
| 13 |
| If the person fails to request a hearing in writing within | 14 |
| 28 days of the
date of the notice, or if a hearing is held and | 15 |
| the court finds against the
person on the issues before the | 16 |
| court,
the clerk shall immediately notify the Department of | 17 |
| Natural Resources, and the Department shall suspend the | 18 |
| snowmobile operation
privileges of
that person for at least 2 | 19 |
| years.
| 20 |
| If the person fails to request in writing a hearing within | 21 |
| 28 days from
the date of notice, or if a hearing is held and the | 22 |
| court finds against the
person on the issues before the court, | 23 |
| the
clerk shall immediately notify the Secretary of State, and | 24 |
| the Secretary of State shall impose a statutory summary | 25 |
| suspension of the person's privilege to operate a motor | 26 |
| vehicle, as provided in Sections 6-208.1 and 6-208.2 of the |
|
|
|
SB2248 Engrossed |
- 29 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| Illinois Vehicle Code, and a disqualification of the person's | 2 |
| privilege to operate a commercial motor vehicle, as provided in | 3 |
| Section 6-514 of the Illinois Vehicle Code, if the person is a | 4 |
| CDL holder. | 5 |
| (f) (Blank).
| 6 |
| (f-1) If the person submits to a test that discloses an | 7 |
| alcohol
concentration of 0.08 or more, or any amount of a drug, | 8 |
| substance, or
intoxicating compound in the person's breath, | 9 |
| blood, or urine resulting from
the unlawful use of cannabis | 10 |
| listed in the Cannabis Control Act, a controlled
substance | 11 |
| listed in the Illinois Controlled Substances Act, or an | 12 |
| intoxicating
compound listed in the Use of Intoxicating | 13 |
| Compounds Act, the law enforcement
officer shall
immediately | 14 |
| submit a sworn report to the circuit clerk of venue and the
| 15 |
| Department of Natural
Resources, certifying that the test or | 16 |
| tests was or were requested under
subsection (a-1) of this | 17 |
| Section and the person submitted to testing that
disclosed an | 18 |
| alcohol concentration of 0.08 or more.
| 19 |
| In cases where the blood alcohol concentration of 0.08 or | 20 |
| greater or any
amount of drug, substance, or compound resulting | 21 |
| from the unlawful use of
cannabis, a controlled substance, or | 22 |
| an intoxicating compound is established by
a subsequent | 23 |
| analysis of blood or urine collected at the time of arrest, the
| 24 |
| arresting officer or arresting agency shall immediately submit | 25 |
| a sworn report
to the circuit clerk of venue and the Department | 26 |
| of Natural Resources upon
receipt of the test results.
|
|
|
|
SB2248 Engrossed |
- 30 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| (g) A person must submit to each chemical test offered by | 2 |
| the law
enforcement officer
in order to comply with implied | 3 |
| consent provisions of this Section.
| 4 |
| (h) The provision of Section 11-501.2 of the Illinois | 5 |
| Vehicle Code
concerning the certification and use of chemical | 6 |
| tests applies to the use of
those tests under this Section.
| 7 |
| (Source: P.A. 93-156, eff. 1-1-04.)
| 8 |
| Section 15. The Boat Registration and Safety Act is amended | 9 |
| by changing Section 5-16 as follows:
| 10 |
| (625 ILCS 45/5-16)
| 11 |
| Sec. 5-16. Operating a watercraft under the influence of | 12 |
| alcohol,
other drug or drugs, intoxicating compound or | 13 |
| compounds, or combination
thereof.
| 14 |
| (A) 1. A person shall not operate or be in actual physical | 15 |
| control of
any
watercraft within this State while:
| 16 |
| (a) The alcohol concentration in such person's | 17 |
| blood or breath is a
concentration at which driving a | 18 |
| motor vehicle is prohibited under subdivision
(1) of | 19 |
| subsection (a) of
Section 11-501 of the Illinois | 20 |
| Vehicle Code;
| 21 |
| (b) Under the influence of alcohol;
| 22 |
| (c) Under the influence of any other drug or | 23 |
| combination of drugs to a
degree which renders such | 24 |
| person incapable of safely operating
any watercraft;
|
|
|
|
SB2248 Engrossed |
- 31 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| (c-1) Under the influence of any intoxicating | 2 |
| compound or combination
of
intoxicating compounds to a | 3 |
| degree that renders the person incapable of safely
| 4 |
| operating
any watercraft;
| 5 |
| (d) Under the combined influence of alcohol and any | 6 |
| other drug or
drugs to a degree which renders such | 7 |
| person incapable of safely operating
a watercraft; or
| 8 |
| (e) There is any amount of a drug, substance, or | 9 |
| compound in the
person's blood or urine resulting from | 10 |
| the unlawful use or consumption of
cannabis listed in | 11 |
| the Cannabis Control Act, a
controlled substance
| 12 |
| listed in the Illinois Controlled Substances Act, or an | 13 |
| intoxicating compound
listed in the Use of | 14 |
| Intoxicating Compounds Act.
| 15 |
| 2. The fact that any person charged with violating this | 16 |
| Section is or
has been legally entitled to use alcohol, | 17 |
| other drug or drugs, any
intoxicating compound or | 18 |
| compounds, or any combination of
them, shall not constitute | 19 |
| a defense against any charge of
violating this
Section.
| 20 |
| 3. Every person convicted of violating this Section | 21 |
| shall be guilty of a
Class A misdemeanor, except as | 22 |
| otherwise provided in this Section.
| 23 |
| 4. Every person convicted of violating this Section | 24 |
| shall be guilty of a
Class 4 felony if:
| 25 |
| (a) He has a previous conviction under this | 26 |
| Section;
|
|
|
|
SB2248 Engrossed |
- 32 - |
LRB096 08771 AJT 18903 b |
|
| 1 |
| (b) The offense results in personal injury where a | 2 |
| person other than the
operator suffers great bodily | 3 |
| harm or permanent disability or disfigurement,
when | 4 |
| the violation was a proximate cause of the injuries. A | 5 |
| person guilty of a
Class 4 felony under this | 6 |
| subparagraph (b), if sentenced
to a term of | 7 |
| imprisonment, shall be sentenced to a term of not less | 8 |
| than
one year nor more than 12 years; or
| 9 |
| (c) The offense occurred during a period in which | 10 |
| his or her
privileges
to
operate
a watercraft are | 11 |
| revoked or suspended, and the revocation or suspension | 12 |
| was for
a
violation of this Section or was imposed | 13 |
| under subsection (B).
| 14 |
| 5. Every person convicted of violating this Section | 15 |
| shall be
guilty of a Class 2 felony if the offense results | 16 |
| in the death of a
person.
A person guilty of a Class 2 | 17 |
| felony under this paragraph 5, if sentenced to a
term of | 18 |
| imprisonment, shall be sentenced to a term of not less than | 19 |
| 3 years
and not more than 14 years.
| 20 |
| 5.1. A person convicted of violating this Section or a | 21 |
| similar
provision
of a
local
ordinance who had a child | 22 |
| under the age of 16 aboard the watercraft at the
time of | 23 |
| offense is
subject to a mandatory minimum fine of $500 and | 24 |
| to a mandatory minimum of 5
days of
community service in a | 25 |
| program benefiting children. The assignment under this
| 26 |
| paragraph 5.1 is
not subject to suspension and the person |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
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| 1 |
| is not eligible for probation in order
to reduce the
| 2 |
| assignment.
| 3 |
| 5.2. A person found guilty of violating this Section, | 4 |
| if his or her
operation
of a watercraft
while in violation | 5 |
| of this Section proximately caused any incident resulting | 6 |
| in
an appropriate
emergency response, is liable for the | 7 |
| expense of an emergency response as
provided in subsection | 8 |
| (m) of Section 11-501 of the Illinois Vehicle Code.
| 9 |
| 5.3. In addition to any other penalties and | 10 |
| liabilities, a person who is
found
guilty of
violating this | 11 |
| Section, including any person placed on court supervision,
| 12 |
| shall be fined $100,
payable to the circuit clerk, who | 13 |
| shall distribute the money to the law
enforcement agency | 14 |
| that
made the arrest. In the event that more than one | 15 |
| agency is responsible for the
arrest, the $100
shall be | 16 |
| shared equally. Any moneys received by a law enforcement | 17 |
| agency under
this
paragraph 5.3 shall be used to purchase | 18 |
| law enforcement equipment or to provide
law
enforcement | 19 |
| training that will assist in the prevention of alcohol | 20 |
| related
criminal violence
throughout the State. Law | 21 |
| enforcement equipment shall include, but is not
limited to, | 22 |
| in-car
video cameras, radar and laser speed detection | 23 |
| devices, and alcohol breath
testers.
| 24 |
| 6. (a) In addition to any criminal penalties imposed, | 25 |
| the Department of
Natural Resources shall suspend the | 26 |
| watercraft operation privileges of any
person
|
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| convicted or found guilty of a misdemeanor under this | 2 |
| Section, a similar provision of a local ordinance, or | 3 |
| Title 46 of the U.S. Code of Federal Regulations for a | 4 |
| period
of one year, except that a first time offender | 5 |
| is exempt from this mandatory
one year suspension.
| 6 |
| As used in this subdivision (A)6(a), "first time | 7 |
| offender" has the meaning ascribed to that term in | 8 |
| Section 11-500 of the Illinois Vehicle Code. means any | 9 |
| person who has not had a previous conviction or been | 10 |
| assigned supervision for violating this Section, a | 11 |
| similar provision of a local ordinance or, Title 46 of | 12 |
| the U.S. Code of Federal Regulations, or any person who | 13 |
| has not had a suspension imposed under subdivision | 14 |
| (B)3.1 of Section 5-16.
| 15 |
| (b) In addition to any criminal penalties imposed, | 16 |
| the Department of
Natural Resources shall suspend the | 17 |
| watercraft operation privileges of any
person
| 18 |
| convicted of a felony under this Section, a similar | 19 |
| provision of a local ordinance, or Title 46 of the U.S. | 20 |
| Code of Federal Regulations for a period of 3 years.
| 21 |
| (B) 1. Any person who operates or is in actual physical | 22 |
| control of any
watercraft upon the waters of this
State | 23 |
| shall be deemed to have given consent to a chemical test or | 24 |
| tests of
blood, breath or urine for the purpose of | 25 |
| determining the content of
alcohol, other
drug or drugs, | 26 |
| intoxicating compound or compounds, or combination thereof
|
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| in the person's blood if arrested for
any offense of | 2 |
| subsection (A) above. The chemical test or tests shall be
| 3 |
| administered at
the direction of the arresting officer.
The | 4 |
| law enforcement agency employing the
officer shall | 5 |
| designate which of the tests shall be administered. A
urine | 6 |
| test may be
administered even after a blood or breath test | 7 |
| or both has been administered.
| 8 |
| 1.1. For the purposes of this Section, an Illinois Law | 9 |
| Enforcement
officer of
this
State who is investigating the | 10 |
| person for any offense defined in Section 5-16
may travel
| 11 |
| into an adjoining state, where the person has been | 12 |
| transported for medical care
to
complete an investigation, | 13 |
| and may request that the person submit to the test
or
tests | 14 |
| set
forth in this Section. The requirements of this Section | 15 |
| that the person be
arrested are
inapplicable, but the | 16 |
| officer shall issue the person a uniform citation for an
| 17 |
| offense as
defined in Section 5-16 or a similar provision | 18 |
| of a local ordinance prior to
requesting that
the person | 19 |
| submit to the test or tests. The issuance of the uniform | 20 |
| citation
shall not
constitute an arrest, but shall be for | 21 |
| the purpose of notifying the person that
he or she is
| 22 |
| subject to the provisions of this Section and of the | 23 |
| officer's belief in the
existence of
probable cause to | 24 |
| arrest. Upon returning to this State, the officer shall | 25 |
| file
the uniform
citation with the circuit clerk of the | 26 |
| county where the offense was committed
and shall
seek the |
|
|
|
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LRB096 08771 AJT 18903 b |
|
| 1 |
| issuance of an arrest warrant or a summons for the person.
| 2 |
| 1.2. Notwithstanding any ability to refuse under this | 3 |
| Act to submit to
these
tests
or any ability to revoke the | 4 |
| implied consent to these tests, if a law
enforcement | 5 |
| officer
has probable cause to believe that a watercraft | 6 |
| operated by or under actual
physical
control of a person | 7 |
| under the influence of alcohol, other drug or drugs,
| 8 |
| intoxicating
compound or compounds, or any combination of | 9 |
| them has caused the death of or
personal
injury to another, | 10 |
| that person shall submit, upon the request of a law
| 11 |
| enforcement officer,
to a chemical test or tests of his or | 12 |
| her blood, breath, or urine for the
purpose of
determining | 13 |
| the alcohol content or the presence of any other drug, | 14 |
| intoxicating
compound, or
combination
of them. For the | 15 |
| purposes of this Section, a personal injury includes severe
| 16 |
| bleeding
wounds, distorted extremities, and injuries that | 17 |
| require the injured party to
be carried
from the scene for | 18 |
| immediate professional attention in either a doctor's | 19 |
| office
or a
medical facility.
| 20 |
| 2. Any person who is dead, unconscious or who is | 21 |
| otherwise in a condition
rendering such person incapable of | 22 |
| refusal, shall be deemed not to have
withdrawn the consent | 23 |
| provided above, and the test may be administered.
| 24 |
| 3. A person requested to submit to a chemical test as | 25 |
| provided above
shall be
verbally advised by the law | 26 |
| enforcement officer requesting the test that a
refusal to |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| submit to the test will result in suspension of such | 2 |
| person's
privilege to operate a watercraft for a minimum of | 3 |
| 2 years , and the statutory summary suspension of the | 4 |
| person's privilege to operate a motor vehicle, as provided | 5 |
| in Section 6-208.1 of the Illinois Vehicle Code, and will | 6 |
| also result in the disqualification of the person's | 7 |
| privilege to operate a commercial motor vehicle, as | 8 |
| provided in Section 6-514 of the Illinois Vehicle Code, if | 9 |
| the person is a CDL holder. The person shall also be warned | 10 |
| by the law enforcement officer that if the person submits | 11 |
| to the test or tests provided in paragraph 1 of this | 12 |
| subsection and the alcohol concentration in the person's | 13 |
| blood or breath is 0.08 or greater, or any amount of a | 14 |
| drug, substance, or compound resulting from the unlawful | 15 |
| use or consumption of cannabis as covered by the Cannabis | 16 |
| Control Act, a controlled substance listed in the Illinois | 17 |
| Controlled Substances Act, an intoxicating compound listed | 18 |
| in the Use of Intoxicating Compounds Act, or | 19 |
| methamphetamine as listed in the Methamphetamine Control | 20 |
| and Community Protection Act is detected in the person's | 21 |
| blood or urine, a statutory summary suspension of the | 22 |
| person's privilege to operate a motor vehicle, as provided | 23 |
| in Sections 6-208.1 and 11-501.1 of the Illinois Vehicle | 24 |
| Code, and a disqualification of the person's privilege to | 25 |
| operate a commercial motor vehicle, as provided in Section | 26 |
| 6-514 of the Illinois Vehicle Code, if the person is a CDL |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| holder, will be imposed . | 2 |
| A person who is under the age of 21 at the time the | 3 |
| person is requested to submit to a test as provided above | 4 |
| shall, in addition to the warnings provided for in this | 5 |
| Section, be further warned by the law enforcement officer | 6 |
| requesting the test that if the person submits to the test | 7 |
| or tests provided in paragraph (a) of this Section and the | 8 |
| alcohol concentration in the person's blood or breath is | 9 |
| greater than 0.00 and less than 0.08, a suspension of the | 10 |
| person's privilege to operate a motor vehicle, as provided | 11 |
| under Sections 6-208.2 and 11-501.8 of the Illinois Vehicle | 12 |
| Code, will be imposed. The results of this test shall be | 13 |
| admissible in a civil or criminal action or proceeding | 14 |
| arising from an arrest for an offense as defined in Section | 15 |
| 5-16 of this Act or a similar provision of a local | 16 |
| ordinance or pursuant to Section 11-501.4 of the Illinois | 17 |
| Vehicle Code in prosecutions for reckless homicide brought | 18 |
| under the Criminal Code of 1961. These test results, | 19 |
| however, shall be admissible only in actions or proceedings | 20 |
| directly related to the incident upon which the test | 21 |
| request was made. | 22 |
| Following this
warning, if a person
under arrest | 23 |
| refuses upon the request of a law enforcement officer to
| 24 |
| submit to a test designated by the officer, no test
shall | 25 |
| be given, but the law enforcement officer shall file with | 26 |
| the clerk
of the circuit court for the county in which the |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| arrest was made, and with
the Department of Natural | 2 |
| Resources, a sworn
statement naming the person refusing to | 3 |
| take and complete the chemical test
or tests
requested | 4 |
| under the provisions of this Section. Such sworn statement | 5 |
| shall
identify the arrested person, such person's current | 6 |
| residence address and
shall specify that a refusal by such | 7 |
| person to take the chemical test or
tests was
made. Such | 8 |
| sworn statement shall include a statement that the | 9 |
| arresting
officer had reasonable cause to believe the | 10 |
| person was operating or was in
actual physical control of | 11 |
| the
watercraft within this State while under the influence | 12 |
| of alcohol, other
drug or drugs, intoxicating compound or | 13 |
| compounds, or combination thereof
and that such
chemical | 14 |
| test or tests were made as an
incident to and following the | 15 |
| lawful arrest for an offense as defined in
this Section or | 16 |
| a similar provision of a local ordinance, and that the
| 17 |
| person after being arrested for an offense arising out of | 18 |
| acts alleged to
have been committed while so operating a | 19 |
| watercraft refused to submit to
and complete a chemical | 20 |
| test or tests as requested by the law enforcement
officer.
| 21 |
| 3.1. The law enforcement officer submitting the sworn | 22 |
| statement as
provided in
paragraph 3 of this subsection (B) | 23 |
| shall serve immediate written notice upon
the
person | 24 |
| refusing the chemical test or tests that the person's | 25 |
| privilege to
operate a
watercraft within this State will be | 26 |
| suspended for a period of 2 years , a statutory summary |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| suspension of the person's privilege to operate a motor | 2 |
| vehicle, as provided in Sections 6-208.1 and 6-208.2 of the | 3 |
| Illinois Vehicle Code will be imposed, and a | 4 |
| disqualification of the person's privilege to operate a | 5 |
| commercial motor vehicle, as provided in Section 6-514 of | 6 |
| the Illinois Vehicle Code, if the person is a CDL holder, | 7 |
| will be imposed unless,
within 28 days from the date of the | 8 |
| notice, the person requests in writing a
hearing
on the | 9 |
| suspension.
| 10 |
| If the person desires a hearing, such person
shall file | 11 |
| a complaint in the circuit court for and in the county in | 12 |
| which
such person was arrested for such hearing. Such | 13 |
| hearing shall proceed in
the court in the same manner as | 14 |
| other civil proceedings, shall cover only
the issues of | 15 |
| whether the person was placed under arrest for an offense | 16 |
| as
defined in this Section or a similar provision of a | 17 |
| local ordinance as
evidenced by the issuance of a uniform | 18 |
| citation; whether the arresting
officer had reasonable | 19 |
| grounds to believe that such person was operating a
| 20 |
| watercraft while under the influence of alcohol, other drug | 21 |
| or drugs,
intoxicating compound or compounds, or | 22 |
| combination
thereof; and whether such person refused to | 23 |
| submit and complete the
chemical test or
tests upon the | 24 |
| request of the law enforcement officer. Whether the person
| 25 |
| was informed that such person's privilege to operate a | 26 |
| watercraft would be
suspended if such person refused to |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| submit to the chemical test or tests
shall not be an
issue.
| 2 |
| If the person fails to request in writing a hearing | 3 |
| within 28 days from
the date of notice, or if a hearing is | 4 |
| held and the court finds against the
person on the issues | 5 |
| before the court, the
clerk shall immediately notify the | 6 |
| Department of Natural Resources, and the Department shall | 7 |
| suspend the watercraft operation
privileges of the person | 8 |
| for at least 2 years.
| 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 |
| Secretary of State, and the Secretary of State shall impose | 14 |
| a statutory summary suspension of the person's privilege to | 15 |
| operate a motor vehicle, as provided in Sections 6-208.1 | 16 |
| and 6-208.2 of the Illinois Vehicle Code, and a | 17 |
| disqualification of the person's privilege to operate a | 18 |
| commercial motor vehicle, as provided in Section 6-514 of | 19 |
| the Illinois Vehicle Code, if the person is a CDL holder.
| 20 |
| 3.2. If the person submits to a test that discloses an | 21 |
| alcohol
concentration
of 0.08
or more, or any amount of a | 22 |
| drug, substance or intoxicating compound in the
person's
| 23 |
| breath, blood, or urine resulting from the unlawful use of | 24 |
| cannabis listed in
the Cannabis
Control Act, a controlled | 25 |
| substance listed in the Illinois Controlled
Substances | 26 |
| Act, or an
intoxicating compound listed in the Use of |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| Intoxicating Compounds Act, the law
enforcement officer | 2 |
| shall immediately submit a sworn report to the circuit
| 3 |
| clerk of venue
and the Department of Natural Resources, | 4 |
| certifying that the test or tests were
requested
under | 5 |
| paragraph 1 of this subsection (B) and the person submitted | 6 |
| to testing
that
disclosed an alcohol concentration of 0.08 | 7 |
| or more.
| 8 |
| In cases where the blood alcohol concentration of 0.08 | 9 |
| or greater or any
amount of
drug, substance or compound | 10 |
| resulting from the unlawful use of cannabis, a
controlled
| 11 |
| substance or an intoxicating compound is established by a | 12 |
| subsequent analysis
of blood
or urine collected at the time | 13 |
| of arrest, the arresting officer or arresting
agency shall
| 14 |
| immediately submit a sworn report to the circuit clerk of | 15 |
| venue and the
Department of
Natural Resources upon receipt | 16 |
| of the test results.
| 17 |
| 4. A person must submit to each chemical test offered | 18 |
| by the law
enforcement
officer
in order to comply with the | 19 |
| implied consent provisions of this Section.
| 20 |
| 5. The provisions of Section 11-501.2 of the Illinois | 21 |
| Vehicle Code, as
amended, concerning the certification and | 22 |
| use of chemical tests apply to the
use of such tests under | 23 |
| this Section.
| 24 |
| (C) Upon the trial of any civil or criminal action or | 25 |
| proceeding arising out
of acts alleged to have been committed | 26 |
| by any person while operating a
watercraft while under the |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| influence of alcohol, the concentration of alcohol
in the | 2 |
| person's blood or breath at the time alleged as shown by | 3 |
| analysis of a
person's blood, urine, breath, or other bodily | 4 |
| substance shall give rise to the
presumptions specified in | 5 |
| subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 6 |
| of the Illinois Vehicle Code. The foregoing
provisions of this | 7 |
| subsection (C) shall not be
construed
as limiting the | 8 |
| introduction of any other relevant evidence bearing upon the
| 9 |
| question whether the person was under the influence of alcohol.
| 10 |
| (D) If a person under arrest refuses to submit to a | 11 |
| chemical test under
the provisions of this Section, evidence of | 12 |
| refusal shall be admissible in
any civil or criminal action or | 13 |
| proceeding arising out of acts alleged to
have been committed | 14 |
| while the person under the influence of alcohol,
other drug or | 15 |
| drugs, intoxicating compound or compounds, or combination
of | 16 |
| them was operating a watercraft.
| 17 |
| (E) The owner of any watercraft or any person given | 18 |
| supervisory
authority over a watercraft, may not knowingly | 19 |
| permit a watercraft to be
operated by any person under the | 20 |
| influence of alcohol, other drug or drugs,
intoxicating | 21 |
| compound or compounds, or
combination thereof.
| 22 |
| (F) Whenever any person is convicted or found guilty of a | 23 |
| violation of
this
Section, including any person placed on court | 24 |
| supervision, the court shall
notify the Office of Law | 25 |
| Enforcement of the
Department of Natural Resources, to provide | 26 |
| the Department with the records
essential for the performance |
|
|
|
SB2248 Engrossed |
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LRB096 08771 AJT 18903 b |
|
| 1 |
| of the Department's duties to monitor and enforce
any order of | 2 |
| suspension or revocation concerning the privilege to operate a
| 3 |
| watercraft.
| 4 |
| (G) No person who has been arrested and charged for | 5 |
| violating paragraph 1 of
subsection (A) of this Section shall | 6 |
| operate any watercraft within this State
for a period of 24 | 7 |
| hours after such arrest.
| 8 |
| (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|