(625 ILCS 40/Art. V heading) ARTICLE V.
CONTROL PROVISIONS
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(625 ILCS 40/5-1) (from Ch. 95 1/2, par. 605-1)
Sec. 5-1.
Operation Generally.
It is unlawful for any person to drive
or operate any snowmobile in the following ways:
A. At a rate of speed too fast for conditions and the fact that the
speed of the snowmobile does not exceed the applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person or vehicle
or object within legal requirements and the duty of all persons to use
due care.
B. In a careless, reckless, or negligent manner.
C. (Blank)
D. At any time without at least one lighted headlamp and one lighted
tail lamp on the snowmobile.
E. Within any nature preserve.
F. On the tracks or right of way of an operating railroad.
G. In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
H. On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating a snowmobile upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the snowmobile from the premises.
I. Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for snowmobiling, or to
give warning of any condition, use, structure or activity
on such premises. This subsection does not apply where permission to
snowmobile is given for a valuable consideration other than to this
State, any political subdivision or municipality thereof, or any landowner
who is paid with funds from the Snowmobile Trail Establishment Fund. In
the case of land leased to the State or a subdivision thereof, any
consideration received is not valuable consideration within the meaning of
this section. Nothing in this section limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
J. Notwithstanding any other law to the contrary, an owner, lessee
or occupant of premises who gives permission to
another to snowmobile upon such premises does not thereby extend any
assurance that the premises are safe for such purpose, or assume
responsibility for or incur liability for any injury to person or
property caused by any act or omission of persons to whom the
permission to snowmobile is granted.
This subsection shall not apply where permission to snowmobile is given
for a valuable consideration other than to this State, any political
subdivision or municipality thereof, or any landowner who is paid with funds
from the Snowmobile Trail Establishment Fund. In the case of land leased
to the State or a subdivision thereof, any consideration received is not
valuable consideration within the meaning of this section. Nothing in this
section limits in any way liability which otherwise exists for willful or
malicious failure to guard or warn against a dangerous condition, use,
structure, or activity.
K. On the frozen surface of public waters of this State within 100
feet of a person, including a skater not in or upon a
snowmobile; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the snowmobile; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
L. Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the snowmobile. This provision would not apply on private property
where verbal or written consent of the owner or lessee has been granted
to snowmobile upon such private property or frozen waters of this State.
M. Notwithstanding any other law to the contrary, any owner, lessee
or occupant of premises or any person or association
who, with the permission of the owner of the premises, places, maintains
or displays a sign, signal, marking or device to give warning of any unsafe
condition on the premises for snowmobiling shall not be liable for any personal
injuries allegedly caused by his or her acts or omissions in providing such
warning unless the alleged misconduct was willful or malicious. This
subsection shall not apply where the owner, occupant or lessee of the
premises grants express permission for snowmobiling in exchange for
valuable consideration. However, this subsection will apply where such
consideration is given to such owner, occupant or lessee by the State or
one of its political subdivisions.
N. Notwithstanding any other law or Section of this Act to the
contrary, the State and any political subdivision or municipality thereof
owes no duty of care to keep the premises safe for entry or use by others
for snowmobiling or to guard against or give warnings of any condition,
use, structure or activity on property in which the State and any political
subdivision or municipality thereof has any interest.
(Source: P.A. 89-55, eff. 1-1-96.)
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(625 ILCS 40/5-2) (from Ch. 95 1/2, par. 605-2)
Sec. 5-2.
Operation on Highways.
It is unlawful for any person to
drive or operate any snowmobile on a highway in this State except as follows:
A. On highways other than tollways, interstate highways and fully or
limited access-controlled highways snowmobiles
may make a direct crossing provided:
(1) the crossing is made at an angle of approximately | ||
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(2) the snowmobile is brought to a complete stop | ||
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(3) the operator yields the right of way to all | ||
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B. On highways other than tollways, interstate
highways and fully or limited access-controlled
highways snowmobiles may be operated not
less than 10 feet from the roadway and in the same direction as traffic.
On such highways, other than State highways, the corporate authorities
of a city, village or incorporated town may adopt ordinances providing for
variance from the 10-foot separation requirement of this subsection,
including ordinances permitting the operation of snowmobiles upon the
roadways of such highways, other than State highways, within city, village
or town limits. In addition, the corporate authorities of any unit of
local government with jurisdiction over such highways may adopt ordinances
authorizing the operation of snowmobiles within 10 feet of the roadway to
avoid obstructions or hazardous terrain. Other than for State highways,
corporate authorities of a city, village or incorporated town may adopt
ordinances providing for trails, including the
designation of the roadways of highways referred to in this paragraph as
snowmobile trails, and regulating snowmobile operation within city, village
or town limits.
C. On highways other than tollways, interstate
highways and fully or limited access-controlled
highways snowmobiles may be operated on
roadways when it is necessary to cross a bridge or culvert or when it is
impracticable to gain immediate access to an area adjacent to a highway
where a snowmobile is to be operated.
D. Corporate authorities of a city, village or incorporated town may by
ordinance designate 1 or more specific public highways or streets within
their jurisdiction as egress and ingress routes for the use of snowmobiles.
In the event that such public highways or streets are under the jurisdiction
of the State of Illinois, express written consent of the
Illinois Department
of Transportation shall be required. Corporate authorities acting under
the authority of this paragraph D shall erect and maintain signs giving
proper notice thereof.
E. Snowmobiles may be lawfully driven or operated upon those highways where
posted with signs giving proper notice and erected and maintained by
the township road commissioner. A township or township road commissioner
shall not be liable for any personal injuries caused as a result of the
operation of a snowmobile on such highways. For purposes of this paragraph
E, "highways" are defined as township roads pursuant to Section 2-205 of
the Illinois Highway Code.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 40/5-3) (from Ch. 95 1/2, par. 605-3)
Sec. 5-3.
Youthful Operators.
A. No person under 10 years of age may operate a snowmobile, other than
machines designed for use by small children primarily as a toy and
used only on private property and not on any public use trail.
B. Persons at least 10 and less than 12 years of age may operate a
snowmobile only if they are either accompanied on the snowmobile
by a parent or guardian or a person at least 18 years of age
designated by a parent or guardian.
C. Persons at least 12 and less than
16 years of age may operate a snowmobile only if they are either accompanied
on the snowmobile by a parent or guardian or a person at least 16 years of
age designated by a parent or guardian, or such operator is in possession of a
certificate issued by the Department authorizing the holder to operate
snowmobiles.
D. Any person who operates a snowmobile on a highway as provided in
Section 5-2 shall (1) possess a valid motor vehicle driver's license; or
(2) possess a safety certificate as provided for in this Section. Any such
person less than 16 years of age shall also be under the immediate
supervision of a parent or guardian or a person at least 18 years of age
designated by the parent or guardian.
E. Violations of this Section done with the knowledge of a
parent or guardian shall be deemed a violation by the parent
or guardian and punishable under Article X of this Act.
F. The department shall establish a program of instruction on
snowmobile laws, regulations, safety and related subjects.
It is unlawful for any person under 16 years of age to
operate a snowmobile on a public highway in this State. The program
shall be conducted by instructors certified by the department. The
department may procure liability insurance coverage for certified
instructors for work within the scope of their duties under this section.
Persons satisfactorily completing this program shall receive certification
from the department. The department may charge each person who enrolls
in the course an instruction fee of $2.50. If a fee is authorized by
the department, the department shall authorize instructors conducting such
courses meeting standards established by it to retain $1 of the fee to
defray expenses incurred locally to operate the program. The
remaining $1.50 of the fee shall be retained by the department to
defray a part of its expenses incurred to operate the safety and
accident reporting program. A person over the age of 12 years but
under the age of 16 years who holds a valid certificate issued by
another state or province of the Dominion of Canada need not obtain
a certificate from the department if the course content of the program
in such other state or province substantially meets that established
by the department under this section. A certificate issued by the
Department, or by another State or a province of the Dominion of Canada,
shall not constitute a valid motor vehicle operator's license for the
purpose of this Section.
(Source: P.A. 92-174, eff. 7-26-01.)
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(625 ILCS 40/5-4) (from Ch. 95 1/2, par. 605-4)
Sec. 5-4.
Operation on Ice.
Snowmobiles may be operated on the frozen waters of this State subject
to the provisions of Section 5-1 and the rules and regulations of the
Department.
(Source: P.A. 89-55, eff. 1-1-95.)
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(625 ILCS 40/5-5) (from Ch. 95 1/2, par. 605-5)
Sec. 5-5.
Special Events.
Nothing contained in this Article shall be construed to prohibit any
local authority of this State from designating a special snowmobile event.
In such case the provisions of this article shall not apply to areas or
highways under the jurisdiction of that local authority.
(Source: P.A. 77-1312.)
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(625 ILCS 40/5-6) (from Ch. 95 1/2, par. 605-6)
Sec. 5-6.
Other Prohibition.
A. No person, except persons permitted by law, shall operate or ride
any snowmobile with any firearm in his possession unless it is unloaded and
enclosed in a carrying case, or any bow unless it is unstrung in a carrying
case.
B. No person shall operate any snowmobile emitting pollutants in
accordance with standards established pursuant to the Environmental
Protection Act.
C. No person shall deposit from a snowmobile on the snow, ice, or ground
surface, trash, glass, garbage, insoluble material, or other offensive
matter.
D. No person shall use a snowmobile to take, pursue or intentionally
harass or disturb wildlife as defined in Section 1.2t of the Wildlife Code,
except such restriction shall not apply to any person acting to protect
livestock from predatory animals.
(Source: P.A. 82-629.)
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(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence of alcohol or
other drug or drugs, intoxicating compound or compounds, or a combination of
them; criminal penalties; suspension of operating privileges. (a) A person may not operate or be in actual physical control of a
snowmobile within this State
while:
1. The alcohol concentration in that person's blood, | ||
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2. The person is under the influence of alcohol;
3. The person is under the influence of any other | ||
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3.1. The person is under the influence of any | ||
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4. The person is under the combined influence of | ||
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4.3. The person who is not a CDL holder has a | ||
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4.5. The person who is a CDL holder has any amount of | ||
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5. There is any amount of a drug, substance, or | ||
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(b) The fact that a person charged with violating this Section is or has
been legally entitled to use alcohol, other drug or drugs, any
intoxicating
compound or compounds, or any combination of them 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.
(c-1) As used in this Section, "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section or a similar provision of a local ordinance, or any person who has not had a suspension imposed under subsection (e) of Section 5-7.1. (c-2) For purposes of this Section, the following are equivalent to a conviction: (1) an unvacated revocation of pretrial release; or (2) the failure of a defendant to appear for trial.
(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 | ||
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2. The offense results in personal injury where a | ||
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3. The offense occurred during a period in which the | ||
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(e) Every person convicted of violating this Section is guilty
of a
Class 2 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.
(e-1) Every person convicted of violating this Section or a similar
provision of a local ordinance who had a child under the age of 16 on board the
snowmobile at the time of offense shall be subject to a mandatory minimum fine
of $500 and shall be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under this subsection
shall not be subject to suspension nor shall the person be eligible for
probation in order to reduce the assignment.
(e-2) Every person found guilty of violating this Section, whose operation
of
a snowmobile while in violation of this Section proximately caused any incident
resulting in an appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a person who is
found guilty of violating this Section, including any person placed on court
supervision, shall be fined $100, payable to the circuit clerk, who shall
distribute the money to the law enforcement agency that made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally. Any moneys received by a law enforcement agency under
this subsection (e-3) shall be used to purchase law enforcement equipment or to
provide law enforcement training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law enforcement equipment shall
include, but is not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the
snowmobile operation privileges of
a person convicted or found guilty of a misdemeanor under this
Section for a period of one
year, except that first-time offenders are exempt from
this mandatory one-year suspension.
(g) In addition to any criminal penalties imposed, the Department of Natural
Resources shall suspend for a period of 5 years the snowmobile operation
privileges of any person convicted or found guilty of a felony under this
Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) |
(625 ILCS 40/5-7.1)
Sec. 5-7.1. Implied consent.
(a) A person who operates or is in actual physical control of a
snowmobile in this State is deemed to have
given consent to a chemical test or tests of blood, breath, other bodily substance, or urine for the
purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or a combination of them in that person's blood or other bodily substance, if
arrested for a violation of Section 5-7. The chemical test or tests shall
be
administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which tests shall be
administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or breath
test or both has been administered.
(a-1) For the purposes of this Section, an Illinois law enforcement
officer of this State who is investigating the person for any offense defined
in Section 5-7 may travel into an adjoining state, where the person has been
transported for medical care to complete an investigation and to request that
the person submit to the test or tests set forth in this Section. The
requirements of this Section that the person be arrested are inapplicable, but
the officer shall issue the person a uniform citation for an offense as defined
in Section 5-7 or a similar provision of a local ordinance prior to requesting
that the person submit to the test or tests. The issuance of the uniform
citation shall not
constitute an arrest, but shall be for the purpose of notifying the person that
he or she is subject to the provisions of this Section and of the officer's
belief of the existence of probable cause to arrest. Upon returning to this
State, the officer shall file the uniform citation with the circuit clerk of
the county where the offense was committed and shall seek the issuance of an
arrest warrant or a summons for the person.
(a-2) Notwithstanding any ability to refuse under this Act to submit to
these
tests or any ability to revoke the implied consent to these tests, if a law
enforcement officer has probable cause to believe that a snowmobile operated by
or under actual physical control of a person under the influence of alcohol,
other drug or drugs, intoxicating
compound or compounds, or any combination of them has caused the death or
personal injury to another, that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath,
other bodily substance, or
urine for the purpose of determining the alcohol content or the
presence of any other drug or combination of both. For the purposes of this
Section, a personal injury includes severe bleeding wounds, distorted
extremities, and injuries that require the injured party to be carried from the
scene for immediate professional attention in either a doctor's office or a
medical facility.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, is deemed not to have
withdrawn the consent provided in subsection (a), and the test or tests may
be administered.
(c) A person requested to submit to a test as provided in this Section 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 that person's
privilege to operate a snowmobile for a minimum of 2 years.
(d) 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, no tests may 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,
and with the Department of Natural Resources, a
sworn statement naming the person refusing to take and complete the
chemical test or
tests requested under the provisions of this Section. The sworn statement
shall identify the arrested person, the person's current residence address and
shall specify that a refusal by that person to take the chemical test or
tests was made.
The sworn statement shall include a statement
that the officer had reasonable cause to believe the person was operating or
was in actual physical control of the
snowmobile within this State while under the influence of alcohol,
other drug or drugs, an intoxicating compound or compound, or a combination
of them
and that a chemical test or tests were requested as an incident to and
following the
lawful
arrest for an offense as defined in Section 5-7 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 operating a
snowmobile,
refused to submit to and complete a chemical test or tests as requested by
the law
enforcement officer.
(e) The law enforcement officer submitting the sworn statement shall serve
immediate written notice upon the person refusing the chemical test or tests
that the person's privilege to operate a snowmobile within this State will be
suspended for a period of 2 years unless, within
28 days from the date of the notice, the person requests in writing a hearing
on the suspension.
If the person desires a hearing, the person shall file a complaint in the
circuit court in the county where that person was arrested within 28 days from
the date of the notice.
The hearing shall proceed in the court in the same manner as other civil
proceedings. The hearing shall cover only the following issues: (1) whether
the person was placed under
arrest for an offense as defined in Section 5-7 or a similar provision of a
local
ordinance as evidenced by the issuance of a uniform citation; (2) whether the
arresting officer had reasonable grounds to believe that the person was
operating a snowmobile while under the influence of alcohol, other
drug or
drugs, an intoxicating compound or compounds, or a combination of them; and
(3) whether that person refused to submit to and complete the chemical
test or tests upon
the
request of the law enforcement officer. Whether the person was informed that
the person's privilege to operate a snowmobile would be suspended if that
person refused to submit to the chemical test or tests may not be an issue
in the hearing.
If the person fails to request a hearing in writing within 28 days of the
date of the notice, or if a hearing is held and the court finds against the
person on the issues before the court,
the clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the snowmobile operation
privileges of
that person for at least 2 years.
(f) (Blank).
(f-1) If the person is a CDL holder and submits to a test that discloses an alcohol
concentration of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from
the unlawful use of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, the law enforcement
officer shall
immediately submit a sworn report to the circuit clerk of venue and the
Department of Natural
Resources, certifying that the test or tests was or were requested under
subsection (a-1) of this Section and the person submitted to testing that
disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from
the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses
an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the circuit clerk of venue and the
Department of Natural
Resources, certifying that the test or tests
was or were requested under subsection (a-1) and the person submitted to testing that disclosed an alcohol concentration
of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any
amount of drug, substance, or compound resulting from the unlawful use of
cannabis, a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any
amount of drug, substance, or compound resulting from the unlawful use of
a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results.
(g) A person must submit to each chemical test offered by the law
enforcement officer
in order to comply with implied consent provisions of this Section.
(h) The provision of Section 11-501.2 of the Illinois Vehicle Code
concerning the certification and use of chemical tests applies to the use of
those tests under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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(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, other drug or drugs, intoxicating compound or compounds, or a combination of
them, the
concentration of alcohol, drug, or compound in the person's blood, other bodily substance, 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 presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois
Vehicle Code.
(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, other drug or drugs, intoxicating compound or compounds, or a combination of
them.
(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, other
drug or drugs, an intoxicating compound or compounds, or a combination of
them was operating a snowmobile.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 40/5-7.3)
Sec. 5-7.3.
Supervision of operator; notification; 6 hour operating
limitation.
(a) The owner of a snowmobile or person given supervisory authority over a
snowmobile, may not knowingly permit a snowmobile to be operated by a person
under the influence of alcohol, other drug or drugs, an intoxicating
compound or compounds, or a combination of them.
(b) Whenever a person is convicted or found guilty of a violation
of Section 5-7, including any person placed on court supervision, the
court shall notify the Office of Law Enforcement of the Department of Natural
Resources with the
records essential for the performance of the Department's duties to monitor and
enforce an order of suspension or revocation concerning the person's privilege
to operate a snowmobile.
(c) A person who has been arrested and charged with violating Section 5-7
may not operate a snowmobile within this State for a period of 24
hours after
that person's arrest.
(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in the
regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of
alcohol, other drug or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily substance, or urine conducted upon persons receiving
medical treatment in a
hospital
emergency room, are admissible in evidence as a business record exception
to the
hearsay rule only in prosecutions for a violation of Section 5-7 of this
Act or a similar provision of a local ordinance or in prosecutions for reckless
homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
The results of the tests are admissible only when
each of the following criteria are met:
1. the chemical tests performed upon an individual's | ||
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2. the chemical tests performed upon an individual's | ||
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Results of chemical tests performed upon an individual's blood, other bodily substance, or urine
are
admissible into evidence regardless of the time that the records were
prepared.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment are not applicable with regard to chemical tests
performed upon a person's blood, other bodily substance, or urine under the provisions of this
Section in prosecutions as specified in
subsection (a) of this Section. No person
shall be liable for civil damages as
a result of the evidentiary use of the results of chemical testing of the
individual's blood, other bodily substance, or urine under this
Section or as a result of that person's testimony made available under this
Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
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(625 ILCS 40/5-7.5)
Sec. 5-7.5.
Preliminary breath screening test.
If a law
enforcement officer has reasonable suspicion to believe
that a person is violating or
has violated Section 5-7 or a similar
provision of a local ordinance, the officer, 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 State
Police. 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 Sections 5-7.1
and 5-7.2 and the appropriate type of test to request. Any chemical test
authorized under Sections 5-7.1 and 5-7.2 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 an administrative or court
proceeding involving a violation of Section 5-7.
(Source: P.A. 93-156, eff. 1-1-04.)
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(625 ILCS 40/5-7.6)
Sec. 5-7.6. Reporting of test results of blood, other bodily substance, or urine conducted in the
regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine tests performed for the purpose of determining the content of alcohol,
other drug or drugs, intoxicating compound or compounds, or any combination
of them in an individual's blood, other bodily substance, or
urine, conducted upon persons receiving medical treatment in a hospital
emergency room for injuries resulting from a snowmobile accident, shall be
disclosed to the Department of Natural Resources, or local law enforcement
agencies of jurisdiction, upon request. The blood, other bodily substance, or urine tests are
admissible in evidence as a business record exception to the hearsay rule only
in prosecutions for violations of Section 5-7 of this Code or a similar
provision of a local ordinance, or in prosecutions for reckless homicide
brought under the Criminal Code of
1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of the law pertaining to medical records
and medical treatment shall not be applicable with regard to tests performed
upon an individual's blood, other bodily substance, or urine under the provisions of subsection (a) of
this Section. No person shall
be liable for civil damages or professional discipline as a result of
disclosure or reporting of the tests or the evidentiary use of an individual's
blood, other bodily substance, or urine test results under this Section or Section 5-7.4 or as a result
of that person's testimony made available under this Section or Section 5-7.4,
except for willful or wanton misconduct.
(Source: P.A. 99-697, eff. 7-29-16.)
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