State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_SB0110enr

      625 ILCS 40/5-7
      625 ILCS 40/5-7.2
      625 ILCS 45/5-16
      625 ILCS 45/5-16b         from Ch. 95 1/2, par. 315-11b
          Amends the Boat  Registration  and  Safety  Act  and  the
      Snowmobile  Registration  and  Safety  Act.   Provides that a
      person may not operate a snowmobile or boat  if  his  or  her
      alcohol  concentration  exceeds  the  level  specified in the
      Illinois Vehicle Code (rather than  0.10).  Amends  the  Boat
      Registration   and  Safety  Act  to  provide  that  a  person
      convicted of operating a watercraft while under the influence
      is guilty of a Class 4 felony if that person had  a  previous
      conviction  for  driving  a motor vehicle or snowmobile while
      under the influence.  Provides that a police officer who  has
      reasonable  suspicion  (instead of probable cause) to believe
      that a person is under the influence may request  the  person
      to submit to a breath screening test.
                                                     LRB9000542NTsb
SB110 Enrolled                                 LRB9000542NTsb
 1        AN ACT concerning vehicles, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Snowmobile Registration and Safety Act is
 5    amended by changing Sections 5-7 and 5-7.2 as follows:
 6        (625 ILCS 40/5-7)
 7        Sec.  5-7.  Operating  a  snowmobile  while   under   the
 8    influence  of  alcohol  or  other  drug;  criminal penalties;
 9    suspension of operating privileges.
10        (a)  A person may not operate a  snowmobile  within  this
11    State while:
12             1.  The alcohol concentration in that person's blood
13        or  breath  is  a  concentration at which driving a motor
14        vehicle is prohibited under subdivision (1) of subsection
15        (a) of Section 11-501 of the Illinois Vehicle  Code  0.10
16        or more based on the definition of blood and breath units
17        in Section 11-501.2 of the Illinois Vehicle Code;
18             2.  The person is under the influence of alcohol;
19             3.  The  person  is under the influence of any other
20        drug or combination of drugs to  a  degree  that  renders
21        that person incapable of safely operating a snowmobile;
22             4.  The  person  is  under the combined influence of
23        alcohol and any other drug or  drugs  to  a  degree  that
24        renders  that  person  incapable  of  safely  operating a
25        snowmobile; or
26             5.  There is any amount of  a  drug,  substance,  or
27        compound  in  that person's blood or urine resulting from
28        the unlawful use or consumption of cannabis listed in the
29        Cannabis Control Act, or controlled substance  listed  in
30        the Illinois Controlled Substances Act.
31        (b)  The  fact  that a person charged with violating this
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 1    Section is or has been legally entitled  to  use  alcohol  or
 2    other drugs does not constitute a defense against a charge of
 3    violating this Section.
 4        (c)  Every  person convicted of violating this Section or
 5    a similar provision of a local ordinance is guilty of a Class
 6    A misdemeanor, except as otherwise provided in this Section.
 7        (d)  Every person convicted of violating this Section  is
 8    guilty of a Class 4 felony if:
 9             1.  The  person has a previous conviction under this
10        Section; or
11             2.  The offense results in personal injury  where  a
12        person  other than the operator suffers great bodily harm
13        or permanent disability or disfigurement.
14        (e)  Every person convicted of violating this Section  is
15    guilty  of  a  Class  3  felony if the offense results in the
16    death of a person.
17        (f)  In addition to any criminal penalties  imposed,  the
18    Department  of  Conservation  shall  suspend  the  snowmobile
19    operation  privileges  of a person convicted of a misdemeanor
20    under this Section for a period of one year or for  a  period
21    of  5 years if the person is convicted of a felony under this
22    Section.
23    (Source: P.A. 89-55, eff. 1-1-96.)
24        (625 ILCS 40/5-7.2)
25        Sec. 5-7.2.  Chemical and other tests.
26        (a)  Upon the trial of a  civil  or  criminal  action  or
27    proceeding arising out of acts alleged to have been committed
28    while  under  the  influence of alcohol, the concentration of
29    alcohol in the person's blood or breath at the  time  alleged
30    as shown by analysis of the person's blood, urine, breath, or
31    other   bodily   substance   gives   rise  to  the  following
32    presumptions  specified  in  subdivisions  1,  2,  and  3  of
33    subsection (b) of Section 11-501.2 of  the  Illinois  Vehicle
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 1    Code.:
 2             1.  If   there   was   at   that   time  an  alcohol
 3        concentration of 0.05 or less, it is  presumed  that  the
 4        person was not under the influence of alcohol.
 5             2.  If   there   was   at   that   time  an  alcohol
 6        concentration in excess of 0.05 but less than 0.10, those
 7        facts do not give rise to a presumption that  the  person
 8        was  or  was not under the influence of alcohol, but that
 9        fact may be considered with other competent  evidence  in
10        determining whether the person was under the influence of
11        alcohol.
12             3.  If   there   was   at   that   time  an  alcohol
13        concentration of 0.10 or more, it is  presumed  that  the
14        person was under the influence of alcohol.
15        (b)  The  provisions  of  subsection  (a)  shall  not  be
16    construed  as limiting the introduction of any other relevant
17    evidence bearing upon the question  whether  the  person  was
18    under the influence of alcohol.
19        (c)  If  a  person  under  arrest  refuses to submit to a
20    chemical test under the provisions of Section 5-7.1, evidence
21    of refusal is admissible in a civil  or  criminal  action  or
22    proceeding arising out of acts alleged to have been committed
23    while  the  person  under  the  influence of alcohol or other
24    drugs was operating a snowmobile.
25    (Source: P.A. 89-55, eff. 1-1-96.)
26        Section 10.  The Boat  Registration  and  Safety  Act  is
27    amended by changing Sections 5-16 and 5-16b as follows:
28        (625 ILCS 45/5-16)
29        Sec. 5-16.  Operating a watercraft under the influence of
30    alcohol, other drug, or combination thereof.
31        (A) 1.  A  person shall not operate any watercraft within
32    this State while:
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 1             (a)  The  alcohol  concentration  in  such  person's
 2        blood or breath is a concentration  at  which  driving  a
 3        motor  vehicle  is  prohibited  under  subdivision (1) of
 4        subsection (a) of Section 11-501 of the Illinois  Vehicle
 5        Code  0.10  or  more based on the definition of blood and
 6        breath units in Section 11-501.2 of the Illinois  Vehicle
 7        Code, as amended;
 8             (b)  Under the influence of alcohol;
 9             (c)  Under  the  influence  of  any  other  drug  or
10        combination  of  drugs  to  a  degree  which renders such
11        person incapable of safely operating any watercraft;
12             (d)  Under the combined influence of alcohol and any
13        other drug or drugs to a degree which renders such person
14        incapable of safely operating a watercraft; or
15             (e)  There is any amount of a  drug,  substance,  or
16        compound  in  the  person's blood or urine resulting from
17        the unlawful use or consumption of cannabis as defined in
18        the Cannabis Control Act or a controlled substance listed
19        in the Illinois Controlled Substances Act.
20        2.  The fact that any person charged with violating  this
21    Section  is  or  has been legally entitled to use alcohol, or
22    other drugs, or any combination of both, shall not constitute
23    a defense against any charge of violating this Section.
24        3.  Every person  convicted  of  violating  this  Section
25    shall be guilty of a Class A misdemeanor, except as otherwise
26    provided in this Section.
27        4.  Every  person  convicted  of  violating  this Section
28    shall be guilty of a Class 4 felony if:
29             (a)  He  has  a  previous  conviction   under   this
30        Section; or
31             (b)  The  offense results in personal injury where a
32        person other than the operator suffers great bodily  harm
33        or permanent disability or disfigurement.
34        5.  Every  person  convicted  of  violating  this Section
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 1    shall be guilty of a Class 3 felony if the offense results in
 2    the death of a person.
 3        6. (a)  In addition to any  criminal  penalties  imposed,
 4    the  Department  of Conservation shall suspend the watercraft
 5    operation privileges of any person convicted of a misdemeanor
 6    under this Section for a period of 1 year.
 7        (b)  In addition to any criminal penalties  imposed,  the
 8    Department  of  Conservation  shall  suspend  the  watercraft
 9    operation  privileges  of  any  person  convicted of a felony
10    under this Section for a period of 3 years.
11        (B) 1.  Any person who operates any watercraft  upon  the
12    waters of this State shall be deemed to have given consent to
13    a  chemical  test  or tests of blood, breath or urine for the
14    purpose  of  determining  the   alcohol,   other   drug,   or
15    combination   thereof  content  of  such  person's  blood  if
16    arrested for any offense of subsection (A) above. The test or
17    tests shall be administered at the direction of the arresting
18    officer.
19        2.  Any  person  who  is  dead,  unconscious  or  who  is
20    otherwise in a condition rendering such person  incapable  of
21    refusal,  shall  be  deemed not to have withdrawn the consent
22    provided above.
23        3.  A person requested to submit to a  test  as  provided
24    above  shall  be  verbally  advised  by  the  law enforcement
25    officer requesting the test that a refusal to submit  to  the
26    test  will result in suspension of such person's privilege to
27    operate a watercraft. Following this  warning,  if  a  person
28    under  arrest  refuses  upon the request of a law enforcement
29    officer to submit to a test designated by the  officer,  none
30    shall  be  given,  but the law enforcement officer shall file
31    with the clerk of the circuit court for the county  in  which
32    the  arrest  was  made,  a  sworn statement naming the person
33    refusing to take and complete the  test  or  tests  requested
34    under  the  provisions of this Section.  Such sworn statement
SB110 Enrolled               -6-               LRB9000542NTsb
 1    shall identify the arrested  person,  such  person's  current
 2    residence  address  and  shall specify that a refusal by such
 3    person to take the  test  or  tests  was  made.   Such  sworn
 4    statement  shall  include  a  statement  that  the  arresting
 5    officer  had  reasonable  cause  to  believe  the  person was
 6    operating the watercraft within this State  while  under  the
 7    influence  of alcohol, other drug, or combination thereof and
 8    that such test or tests were  made  as  an  incident  to  and
 9    following the lawful arrest for an offense as defined in this
10    Section or a similar provision of a local ordinance, and that
11    the person after being arrested for an offense arising out of
12    acts  alleged  to  have  been  committed while so operating a
13    watercraft refused to submit to and complete a test or  tests
14    as requested by the law enforcement officer.
15        The  clerk  shall thereupon notify such person in writing
16    that the person's privilege to operate a watercraft  will  be
17    suspended  unless, within 28 days from the date of mailing of
18    the notice, such person shall request in  writing  a  hearing
19    thereon;  if  the person desires a hearing, such person shall
20    file a complaint in the circuit court for and in  the  county
21    in  which  such  person  was  arrested for such hearing. Such
22    hearing shall proceed in the court  in  the  same  manner  as
23    other  civil  proceedings,  shall  cover  only  the issues of
24    whether the person was placed under arrest for an offense  as
25    defined  in  this  Section  or a similar provision of a local
26    ordinance as evidenced by the issuance of a uniform citation;
27    whether the  arresting  officer  had  reasonable  grounds  to
28    believe  that  such  person  was operating a watercraft while
29    under the influence of alcohol, other  drug,  or  combination
30    thereof;  and  whether  such  person  refused  to  submit and
31    complete the test or  tests  upon  the  request  of  the  law
32    enforcement  officer.  Whether  the  person was informed that
33    such person's privilege to  operate  a  watercraft  would  be
34    suspended  if  such  person  refused to submit to the test or
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 1    tests shall not be an issue.
 2        If the court finds  against  the  person  on  the  issues
 3    before  the  court,  the  clerk  shall immediately notify the
 4    Department of Conservation of the court's decision,  and  the
 5    Department  shall suspend the watercraft operation privileges
 6    of the person for at least 2 years.
 7        4.  A person must submit to each test offered by the  law
 8    enforcement  officer  in  order  to  comply  with the implied
 9    consent provisions of this Section.
10        5.  The provisions of Section 11-501.2  of  the  Illinois
11    Vehicle  Code,  as  amended, concerning the certification and
12    use of chemical tests apply to the use of  such  tests  under
13    this Section.
14        (C)  Upon  the  trial  of any civil or criminal action or
15    proceeding arising out of acts alleged to have been committed
16    by any person while operating a watercraft  while  under  the
17    influence  of  alcohol,  the  concentration of alcohol in the
18    person's blood or breath at the  time  alleged  as  shown  by
19    analysis  of a person's blood, urine, breath, or other bodily
20    substance shall  give  rise  to  the  following  presumptions
21    specified  in  subdivisions  1, 2, and 3 of subsection (b) of
22    Section 11-501.2 of the Illinois Vehicle Code.: 1.  If  there
23    was at that time an alcohol concentration of 0.05 or less, it
24    shall be presumed that the person was not under the influence
25    of  alcohol.  2.  If  there  was  at  that  time  an  alcohol
26    concentration  in  excess  of  0.05  but less than 0.10, such
27    facts shall not give rise to any presumption that the  person
28    was  or was not under the influence of alcohol, but such fact
29    may  be  considered  with   other   competent   evidence   in
30    determining  whether  the  person  was under the influence of
31    alcohol.  3.  If  there  was  at   that   time   an   alcohol
32    concentration  of 0.10 or more, it shall be presumed that the
33    person was under the influence of alcohol.  4. The  foregoing
34    provisions  of  this subsection (C) shall not be construed as
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 1    limiting the introduction  of  any  other  relevant  evidence
 2    bearing  upon  the  question whether the person was under the
 3    influence of alcohol.
 4        (D)  If a person under arrest  refuses  to  submit  to  a
 5    chemical  test under the provisions of this Section, evidence
 6    of refusal shall be  admissible  in  any  civil  or  criminal
 7    action or proceeding arising out of acts alleged to have been
 8    committed while the person under the influence of alcohol, or
 9    other   drugs,   or  combination  of  both  was  operating  a
10    watercraft.
11        (E)  The owner of any  watercraft  or  any  person  given
12    supervisory  authority  over  a watercraft, may not knowingly
13    permit a watercraft to be operated by any  person  under  the
14    influence of alcohol, other drug, or combination thereof.
15        (F)  Whenever  any  person is convicted of a violation of
16    this Section, the court shall  notify  the  Division  of  Law
17    Enforcement of the Department of Conservation, to provide the
18    Department  with the records essential for the performance of
19    the Department's duties to monitor and enforce any  order  of
20    suspension  or revocation concerning the privilege to operate
21    a watercraft.
22        (G)  No person who has  been  arrested  and  charged  for
23    violating paragraph 1 of subsection (A) of this Section shall
24    operate  any  watercraft  within this State for a period of 6
25    hours after such arrest.
26    (Source: P.A. 88-175; 88-670, eff. 12-2-94.)
27        (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
28        Sec. 5-16b.  Preliminary breath screening test.  If a law
29    enforcement officer has reasonable suspicion  probable  cause
30    to believe that a person is violating or has violated Section
31    5-16  or  a  similar  provision  of  a  local  ordinance, the
32    officer, prior to before an arrest, may request the person to
33    provide a sample of his  or  her  breath  for  a  preliminary
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 1    breath screening test using a portable device approved by the
 2    Department of Public Health.  The results of this preliminary
 3    breath  screening  test  may  be  used by the law enforcement
 4    officer for the purpose of assisting with  the  determination
 5    of  whether  to  require  a chemical test as authorized under
 6    Section 5-16 and the appropriate type  of  test  to  request.
 7    Any  chemical  test  authorized  under  Section  5-16  may be
 8    requested by the officer regardless  of  the  result  of  the
 9    preliminary  breath  screening  test if probable cause for an
10    arrest exists.  The result of a preliminary breath  screening
11    test  may  be  used  by  the  defendant  as  evidence  in any
12    administrative or court proceeding involving a  violation  of
13    Section 5-16.
14    (Source: P.A. 87-803; 88-670, eff. 12-2-94.)

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