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Sen. Julie A. Morrison
Filed: 3/12/2013
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1 | | AMENDMENT TO SENATE BILL 1477
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1477 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing Section 6-208.1 as follows:
|
6 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
7 | | (Text of Section from P.A. 96-1526) |
8 | | Sec. 6-208.1. Period of statutory summary alcohol, other |
9 | | drug,
or intoxicating compound related suspension. |
10 | | (a) Unless the statutory summary suspension has been |
11 | | rescinded, any
person whose privilege to drive a motor vehicle |
12 | | on the public highways has
been summarily suspended, pursuant |
13 | | to Section 11-501.1, shall not be
eligible for restoration of |
14 | | the privilege until the expiration of: |
15 | | 1. Twelve months from the effective date of the |
16 | | statutory summary suspension
for a refusal or failure to |
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1 | | complete a test or tests to determine the
alcohol, drug, or |
2 | | intoxicating compound concentration, pursuant
to
Section |
3 | | 11-501.1; or |
4 | | 2. Six months from the effective date of the statutory |
5 | | summary
suspension imposed following the person's |
6 | | submission to a chemical test
which disclosed an alcohol |
7 | | concentration of 0.08 or more, or any
amount
of a
drug, |
8 | | substance, or intoxicating compound in such person's
|
9 | | breath, blood, or
urine resulting
from the unlawful use or |
10 | | consumption of cannabis listed in the Cannabis
Control Act, |
11 | | a controlled substance listed in the Illinois
Controlled
|
12 | | Substances Act, an intoxicating compound listed in the Use |
13 | | of Intoxicating
Compounds Act, or methamphetamine as |
14 | | listed in the Methamphetamine Control and Community |
15 | | Protection Act, pursuant to Section 11-501.1; or |
16 | | 3. Three years from the effective date of the statutory |
17 | | summary suspension
for any person other than a first |
18 | | offender who refuses or fails to
complete a test or tests |
19 | | to determine the alcohol, drug, or
intoxicating
compound |
20 | | concentration
pursuant to Section 11-501.1; or |
21 | | 4. One year from the effective date of the summary |
22 | | suspension imposed
for any person other than a first |
23 | | offender following submission to a
chemical test which |
24 | | disclosed an alcohol concentration of 0.08 or
more
pursuant |
25 | | to Section 11-501.1 or any amount of a drug, substance or
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26 | | compound in such person's blood or urine resulting from the |
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1 | | unlawful use or
consumption of cannabis listed in the |
2 | | Cannabis Control Act, a
controlled
substance listed in the |
3 | | Illinois Controlled Substances Act, an
intoxicating
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4 | | compound listed in the Use of Intoxicating Compounds Act, |
5 | | or methamphetamine as listed in the Methamphetamine |
6 | | Control and Community Protection Act. |
7 | | (b) Following a statutory summary suspension of the |
8 | | privilege to drive a
motor vehicle under Section 11-501.1, |
9 | | driving privileges shall be
restored unless the person is |
10 | | otherwise suspended, revoked, or cancelled by this Code. If
the |
11 | | court has reason to believe that the person's
driving privilege |
12 | | should not be restored, the court shall notify
the Secretary of |
13 | | State prior to the expiration of the statutory summary
|
14 | | suspension so appropriate action may be taken pursuant to this |
15 | | Code. |
16 | | (c) Driving privileges may not be restored until all |
17 | | applicable
reinstatement fees, as provided by this Code, have |
18 | | been paid to the Secretary
of State and the appropriate entry |
19 | | made to the driver's record. |
20 | | (d) Where a driving privilege has been summarily suspended |
21 | | under Section
11-501.1 and the person is subsequently convicted |
22 | | of violating Section
11-501, or a similar provision of a local |
23 | | ordinance, for the same incident,
any period served on |
24 | | statutory summary suspension shall be credited toward
the |
25 | | minimum period of revocation of driving privileges imposed |
26 | | pursuant to
Section 6-205. |
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1 | | (e) (Blank). |
2 | | (f) (Blank). |
3 | | (g) Following a statutory summary suspension of driving |
4 | | privileges
pursuant to Section 11-501.1 where the person was |
5 | | not a first offender, as
defined in Section 11-500, the |
6 | | Secretary of State may not issue a
restricted driving permit. |
7 | | (h) (Blank). |
8 | | (i) Unless the statutory summary suspension has been |
9 | | rescinded, any
person whose privilege to drive a motor vehicle |
10 | | on the public highways has
been summarily suspended, pursuant |
11 | | to Section 5-16 of the Boat Registration and Safety Act, shall |
12 | | not be
eligible for restoration of the privilege until the |
13 | | expiration of 3 months from the effective date of the statutory |
14 | | summary suspension imposed following a person's conviction for |
15 | | violating Section 5-16 of the Boat Registration and Safety Act. |
16 | | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, |
17 | | eff. 8-21-08; 96-1526, eff. 2-14-11 .)
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18 | | (Text of Section from P.A. 96-1344 and 97-229) |
19 | | Sec. 6-208.1. Period of statutory summary alcohol, other |
20 | | drug,
or intoxicating compound related suspension or |
21 | | revocation. |
22 | | (a) Unless the statutory summary suspension has been |
23 | | rescinded, any
person whose privilege to drive a motor vehicle |
24 | | on the public highways has
been summarily suspended, pursuant |
25 | | to Section 11-501.1, shall not be
eligible for restoration of |
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1 | | the privilege until the expiration of: |
2 | | 1. Twelve months from the effective date of the |
3 | | statutory summary suspension
for a refusal or failure to |
4 | | complete a test or tests to determine the
alcohol, drug, or |
5 | | intoxicating compound concentration, pursuant
to
Section |
6 | | 11-501.1, if the person was not involved in a motor vehicle |
7 | | crash that caused personal injury or death to another; or |
8 | | 2. Six months from the effective date of the statutory |
9 | | summary
suspension imposed following the person's |
10 | | submission to a chemical test
which disclosed an alcohol |
11 | | concentration of 0.08 or more, or any
amount
of a
drug, |
12 | | substance, or intoxicating compound in such person's
|
13 | | breath, blood, or
urine resulting
from the unlawful use or |
14 | | consumption of cannabis listed in the Cannabis
Control Act, |
15 | | a controlled substance listed in the Illinois
Controlled
|
16 | | Substances Act, an intoxicating compound listed in the Use |
17 | | of Intoxicating
Compounds Act, or methamphetamine as |
18 | | listed in the Methamphetamine Control and Community |
19 | | Protection Act, pursuant to Section 11-501.1; or |
20 | | 3. Three years from the effective date of the statutory |
21 | | summary suspension
for any person other than a first |
22 | | offender who refuses or fails to
complete a test or tests |
23 | | to determine the alcohol, drug, or
intoxicating
compound |
24 | | concentration
pursuant to Section 11-501.1; or |
25 | | 4. One year from the effective date of the summary |
26 | | suspension imposed
for any person other than a first |
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1 | | offender following submission to a
chemical test which |
2 | | disclosed an alcohol concentration of 0.08 or
more
pursuant |
3 | | to Section 11-501.1 or any amount of a drug, substance or
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4 | | compound in such person's blood or urine resulting from the |
5 | | unlawful use or
consumption of cannabis listed in the |
6 | | Cannabis Control Act, a
controlled
substance listed in the |
7 | | Illinois Controlled Substances Act, an
intoxicating
|
8 | | compound listed in the Use of Intoxicating Compounds Act, |
9 | | or methamphetamine as listed in the Methamphetamine |
10 | | Control and Community Protection Act. |
11 | | (a-1) Unless the statutory summary revocation has been |
12 | | rescinded, any person whose privilege to drive has been |
13 | | summarily revoked pursuant to Section 11-501.1 may not make |
14 | | application for a license or permit until the expiration of one |
15 | | year from the effective date of the summary revocation. |
16 | | (b) Following a statutory summary suspension of the |
17 | | privilege to drive a
motor vehicle under Section 11-501.1, |
18 | | driving privileges shall be
restored unless the person is |
19 | | otherwise suspended, revoked, or cancelled by this Code. If
the |
20 | | court has reason to believe that the person's
driving privilege |
21 | | should not be restored, the court shall notify
the Secretary of |
22 | | State prior to the expiration of the statutory summary
|
23 | | suspension so appropriate action may be taken pursuant to this |
24 | | Code. |
25 | | (c) Driving privileges may not be restored until all |
26 | | applicable
reinstatement fees, as provided by this Code, have |
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1 | | been paid to the Secretary
of State and the appropriate entry |
2 | | made to the driver's record. |
3 | | (d) Where a driving privilege has been summarily suspended |
4 | | or revoked under Section
11-501.1 and the person is |
5 | | subsequently convicted of violating Section
11-501, or a |
6 | | similar provision of a local ordinance, for the same incident,
|
7 | | any period served on statutory summary suspension or revocation |
8 | | shall be credited toward
the minimum period of revocation of |
9 | | driving privileges imposed pursuant to
Section 6-205. |
10 | | (e) Following a statutory summary suspension of driving |
11 | | privileges
pursuant to Section 11-501.1, for a first offender, |
12 | | the circuit court shall, unless the offender has opted in |
13 | | writing not to have a monitoring device driving permit issued, |
14 | | order the Secretary of State to issue a monitoring device |
15 | | driving permit as provided in Section 6-206.1. A monitoring |
16 | | device driving permit shall not be effective prior to the 31st |
17 | | day of the statutory summary suspension. A first offender who |
18 | | refused chemical testing and whose driving privileges were |
19 | | summarily revoked pursuant to Section 11-501.1 shall not be |
20 | | eligible for a monitoring device driving permit, but may make |
21 | | application for reinstatement or for a restricted driving |
22 | | permit after a period of one year has elapsed from the |
23 | | effective date of the revocation. |
24 | | (f) (Blank). |
25 | | (g) Following a statutory summary suspension of driving |
26 | | privileges
pursuant to Section 11-501.1 where the person was |
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1 | | not a first offender, as
defined in Section 11-500, the |
2 | | Secretary of State may not issue a
restricted driving permit. |
3 | | (h) (Blank). |
4 | | (i) Unless the statutory summary suspension has been |
5 | | rescinded, any
person whose privilege to drive a motor vehicle |
6 | | on the public highways has
been summarily suspended, pursuant |
7 | | to Section 5-16 of the Boat Registration and Safety Act, shall |
8 | | not be
eligible for restoration of the privilege until the |
9 | | expiration of 3 months from the effective date of the statutory |
10 | | summary suspension imposed following a person's conviction for |
11 | | violating Section 5-16 of the Boat Registration and Safety Act. |
12 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11 .)
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13 | | Section 10. The Boat Registration and Safety Act is amended |
14 | | by changing Section 5-16 as follows:
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15 | | (625 ILCS 45/5-16)
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16 | | Sec. 5-16. Operating a watercraft under the influence of |
17 | | alcohol,
other drug or drugs, intoxicating compound or |
18 | | compounds, or combination
thereof.
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19 | | (A) 1. A person shall not operate or be in actual physical |
20 | | control of
any
watercraft within this State while:
|
21 | | (a) The alcohol concentration in such person's |
22 | | blood or breath is a
concentration at which driving a |
23 | | motor vehicle is prohibited under subdivision
(1) of |
24 | | subsection (a) of
Section 11-501 of the Illinois |
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1 | | Vehicle Code;
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2 | | (b) Under the influence of alcohol;
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3 | | (c) Under the influence of any other drug or |
4 | | combination of drugs to a
degree which renders such |
5 | | person incapable of safely operating
any watercraft;
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6 | | (c-1) Under the influence of any intoxicating |
7 | | compound or combination
of
intoxicating compounds to a |
8 | | degree that renders the person incapable of safely
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9 | | operating
any watercraft;
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10 | | (d) Under the combined influence of alcohol and any |
11 | | other drug or
drugs to a degree which renders such |
12 | | person incapable of safely operating
a watercraft; or
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13 | | (e) There is any amount of a drug, substance, or |
14 | | compound in the
person's blood or urine resulting from |
15 | | the unlawful use or consumption of
cannabis listed in |
16 | | the Cannabis Control Act, a
controlled substance
|
17 | | listed in the Illinois Controlled Substances Act, or an |
18 | | intoxicating compound
listed in the Use of |
19 | | Intoxicating Compounds Act.
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20 | | 2. The fact that any person charged with violating this |
21 | | Section is or
has been legally entitled to use alcohol, |
22 | | other drug or drugs, any
intoxicating compound or |
23 | | compounds, or any combination of
them, shall not constitute |
24 | | a defense against any charge of
violating this
Section.
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25 | | 3. Every person convicted of violating this Section |
26 | | shall be guilty of a
Class A misdemeanor, except as |
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1 | | otherwise provided in this Section.
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2 | | 4. Every person convicted of violating this Section |
3 | | shall be guilty of a
Class 4 felony if:
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4 | | (a) He has a previous conviction under this |
5 | | Section;
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6 | | (b) The offense results in personal injury where a |
7 | | person other than the
operator suffers great bodily |
8 | | harm or permanent disability or disfigurement,
when |
9 | | the violation was a proximate cause of the injuries. A |
10 | | person guilty of a
Class 4 felony under this |
11 | | subparagraph (b), if sentenced
to a term of |
12 | | imprisonment, shall be sentenced to a term of not less |
13 | | than
one year nor more than 12 years; or
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14 | | (c) The offense occurred during a period in which |
15 | | his or her
privileges
to
operate
a watercraft are |
16 | | revoked or suspended, and the revocation or suspension |
17 | | was for
a
violation of this Section or was imposed |
18 | | under subsection (B).
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19 | | 5. Every person convicted of violating this Section |
20 | | shall be
guilty of a Class 2 felony if the offense results |
21 | | in the death of a
person.
A person guilty of a Class 2 |
22 | | felony under this paragraph 5, if sentenced to a
term of |
23 | | imprisonment, shall be sentenced to a term of not less than |
24 | | 3 years
and not more than 14 years.
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25 | | 5.1. A person convicted of violating this Section or a |
26 | | similar
provision
of a
local
ordinance who had a child |
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1 | | under the age of 16 aboard the watercraft at the
time of |
2 | | offense is
subject to a mandatory minimum fine of $500 and |
3 | | to a mandatory minimum of 5
days of
community service in a |
4 | | program benefiting children. The assignment under this
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5 | | paragraph 5.1 is
not subject to suspension and the person |
6 | | is not eligible for probation in order
to reduce the
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7 | | assignment.
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8 | | 5.2. A person found guilty of violating this Section, |
9 | | if his or her
operation
of a watercraft
while in violation |
10 | | of this Section proximately caused any incident resulting |
11 | | in
an appropriate
emergency response, is liable for the |
12 | | expense of an emergency response as
provided in subsection |
13 | | (m) of Section 11-501 of the Illinois Vehicle Code.
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14 | | 5.3. In addition to any other penalties and |
15 | | liabilities, a person who is
found
guilty of
violating this |
16 | | Section, including any person placed on court supervision,
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17 | | shall be fined $100,
payable to the circuit clerk, who |
18 | | shall distribute the money to the law
enforcement agency |
19 | | that
made the arrest. In the event that more than one |
20 | | agency is responsible for the
arrest, the $100
shall be |
21 | | shared equally. Any moneys received by a law enforcement |
22 | | agency under
this
paragraph 5.3 shall be used to purchase |
23 | | law enforcement equipment or to provide
law
enforcement |
24 | | training that will assist in the prevention of alcohol |
25 | | related
criminal violence
throughout the State. Law |
26 | | enforcement equipment shall include, but is not
limited to, |
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1 | | in-car
video cameras, radar and laser speed detection |
2 | | devices, and alcohol breath
testers.
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3 | | 6. (a) In addition to any criminal penalties imposed, |
4 | | the Department of
Natural Resources shall suspend the |
5 | | watercraft operation privileges of any
person
|
6 | | convicted or found guilty of a misdemeanor under this |
7 | | Section, a similar provision of a local ordinance, or |
8 | | Title 46 of the U.S. Code of Federal Regulations for a |
9 | | period
of one year, except that a first time offender |
10 | | is exempt from this mandatory
one year suspension.
|
11 | | As used in this subdivision (A)6(a), "first time |
12 | | offender" means any person who has not had a previous |
13 | | conviction or been assigned supervision for violating |
14 | | this Section, a similar provision of a local ordinance |
15 | | or, Title 46 of the U.S. Code of Federal Regulations, |
16 | | or any person who has not had a suspension imposed |
17 | | under subdivision (B)3.1 of Section 5-16.
|
18 | | (b) In addition to any criminal penalties imposed, |
19 | | the Department of
Natural Resources shall suspend the |
20 | | watercraft operation privileges of any
person
|
21 | | convicted of a felony under this Section, a similar |
22 | | provision of a local ordinance, or Title 46 of the U.S. |
23 | | Code of Federal Regulations for a period of 3 years.
|
24 | | (c) In addition to any criminal penalties imposed, |
25 | | the Secretary of State shall suspend the driver's |
26 | | license of any person convicted of a misdemeanor or |
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1 | | felony under this Section, a similar provision of a |
2 | | local ordinance, or Title 46 of the U.S. Code of |
3 | | Federal Regulations for a period of 3 months, except |
4 | | that a first time offender is exempt from this |
5 | | mandatory 3 month suspension. |
6 | | As used in this subdivision (A)6(c), "first time |
7 | | offender" means any person who has not had a previous |
8 | | conviction or been assigned supervision for violating |
9 | | this Section, a similar provision of a local ordinance, |
10 | | or Title 46 of the U.S. Code of Federal Regulations.
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11 | | (B) 1. Any person who operates or is in actual physical |
12 | | control of any
watercraft upon the waters of this
State |
13 | | shall be deemed to have given consent to a chemical test or |
14 | | tests of
blood, breath or urine for the purpose of |
15 | | determining the content of
alcohol, other
drug or drugs, |
16 | | intoxicating compound or compounds, or combination thereof
|
17 | | in the person's blood if arrested for
any offense of |
18 | | subsection (A) above. The chemical test or tests shall be
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19 | | administered at
the direction of the arresting officer.
The |
20 | | law enforcement agency employing the
officer shall |
21 | | designate which of the tests shall be administered. A
urine |
22 | | test may be
administered even after a blood or breath test |
23 | | or both has been administered.
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24 | | 1.1. For the purposes of this Section, an Illinois Law |
25 | | Enforcement
officer of
this
State who is investigating the |
26 | | person for any offense defined in Section 5-16
may travel
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1 | | into an adjoining state, where the person has been |
2 | | transported for medical care
to
complete an investigation, |
3 | | and may request that the person submit to the test
or
tests |
4 | | set
forth in this Section. The requirements of this Section |
5 | | that the person be
arrested are
inapplicable, but the |
6 | | officer shall issue the person a uniform citation for an
|
7 | | offense as
defined in Section 5-16 or a similar provision |
8 | | of a local ordinance prior to
requesting that
the person |
9 | | submit to the test or tests. The issuance of the uniform |
10 | | citation
shall not
constitute an arrest, but shall be for |
11 | | the purpose of notifying the person that
he or she is
|
12 | | subject to the provisions of this Section and of the |
13 | | officer's belief in the
existence of
probable cause to |
14 | | arrest. Upon returning to this State, the officer shall |
15 | | file
the uniform
citation with the circuit clerk of the |
16 | | county where the offense was committed
and shall
seek the |
17 | | issuance of an arrest warrant or a summons for the person.
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18 | | 1.2. Notwithstanding any ability to refuse under this |
19 | | Act to submit to
these
tests
or any ability to revoke the |
20 | | implied consent to these tests, if a law
enforcement |
21 | | officer
has probable cause to believe that a watercraft |
22 | | operated by or under actual
physical
control of a person |
23 | | under the influence of alcohol, other drug or drugs,
|
24 | | intoxicating
compound or compounds, or any combination of |
25 | | them has caused the death of or
personal
injury to another, |
26 | | that person shall submit, upon the request of a law
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1 | | enforcement officer,
to a chemical test or tests of his or |
2 | | her blood, breath, or urine for the
purpose of
determining |
3 | | the alcohol content or the presence of any other drug, |
4 | | intoxicating
compound, or
combination
of them. For the |
5 | | purposes of this Section, a personal injury includes severe
|
6 | | bleeding
wounds, distorted extremities, and injuries that |
7 | | require the injured party to
be carried
from the scene for |
8 | | immediate professional attention in either a doctor's |
9 | | office
or a
medical facility.
|
10 | | 2. Any person who is dead, unconscious or who is |
11 | | otherwise in a condition
rendering such person incapable of |
12 | | refusal, shall be deemed not to have
withdrawn the consent |
13 | | provided above, and the test may be administered.
|
14 | | 3. A person requested to submit to a chemical test as |
15 | | provided above
shall be
verbally advised by the law |
16 | | enforcement officer requesting the test that a
refusal to |
17 | | submit to the test will result in suspension of such |
18 | | person's
privilege to operate a watercraft for a minimum of |
19 | | 2 years. Following this
warning, if a person
under arrest |
20 | | refuses upon the request of a law enforcement officer to
|
21 | | submit to a test designated by the officer, no test
shall |
22 | | be given, but the law enforcement officer shall file with |
23 | | the clerk
of the circuit court for the county in which the |
24 | | arrest was made, and with
the Department of Natural |
25 | | Resources, a sworn
statement naming the person refusing to |
26 | | take and complete the chemical test
or tests
requested |
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1 | | under the provisions of this Section. Such sworn statement |
2 | | shall
identify the arrested person, such person's current |
3 | | residence address and
shall specify that a refusal by such |
4 | | person to take the chemical test or
tests was
made. Such |
5 | | sworn statement shall include a statement that the |
6 | | arresting
officer had reasonable cause to believe the |
7 | | person was operating or was in
actual physical control of |
8 | | the
watercraft within this State while under the influence |
9 | | of alcohol, other
drug or drugs, intoxicating compound or |
10 | | compounds, or combination thereof
and that such
chemical |
11 | | test or tests were made as an
incident to and following the |
12 | | lawful arrest for an offense as defined in
this Section or |
13 | | a similar provision of a local ordinance, and that the
|
14 | | person after being arrested for an offense arising out of |
15 | | acts alleged to
have been committed while so operating a |
16 | | watercraft refused to submit to
and complete a chemical |
17 | | test or tests as requested by the law enforcement
officer.
|
18 | | 3.1. The law enforcement officer submitting the sworn |
19 | | statement as
provided in
paragraph 3 of this subsection (B) |
20 | | shall serve immediate written notice upon
the
person |
21 | | refusing the chemical test or tests that the person's |
22 | | privilege to
operate a
watercraft within this State will be |
23 | | suspended for a period of 2 years unless,
within 28 days |
24 | | from the date of the notice, the person requests in writing |
25 | | a
hearing
on the suspension.
|
26 | | If the person desires a hearing, such person
shall file |
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1 | | a complaint in the circuit court for and in the county in |
2 | | which
such person was arrested for such hearing. Such |
3 | | hearing shall proceed in
the court in the same manner as |
4 | | other civil proceedings, shall cover only
the issues of |
5 | | whether the person was placed under arrest for an offense |
6 | | as
defined in this Section or a similar provision of a |
7 | | local ordinance as
evidenced by the issuance of a uniform |
8 | | citation; whether the arresting
officer had reasonable |
9 | | grounds to believe that such person was operating a
|
10 | | watercraft while under the influence of alcohol, other drug |
11 | | or drugs,
intoxicating compound or compounds, or |
12 | | combination
thereof; and whether such person refused to |
13 | | submit and complete the
chemical test or
tests upon the |
14 | | request of the law enforcement officer. Whether the person
|
15 | | was informed that such person's privilege to operate a |
16 | | watercraft would be
suspended if such person refused to |
17 | | submit to the chemical test or tests
shall not be an
issue.
|
18 | | If the person fails to request in writing a hearing |
19 | | within 28 days from
the date of notice, or if a hearing is |
20 | | held and the court finds against the
person on the issues |
21 | | before the court, the
clerk shall immediately notify the |
22 | | Department of Natural Resources, and the Department shall |
23 | | suspend the watercraft operation
privileges of the person |
24 | | for at least 2 years.
|
25 | | 3.2. If the person submits to a test that discloses an |
26 | | alcohol
concentration
of 0.08
or more, or any amount of a |
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1 | | drug, substance or intoxicating compound in the
person's
|
2 | | breath, blood, or urine resulting from the unlawful use of |
3 | | cannabis listed in
the Cannabis
Control Act, a controlled |
4 | | substance listed in the Illinois Controlled
Substances |
5 | | Act, or an
intoxicating compound listed in the Use of |
6 | | Intoxicating Compounds Act, the law
enforcement officer |
7 | | shall immediately submit a sworn report to the circuit
|
8 | | clerk of venue
and the Department of Natural Resources, |
9 | | certifying that the test or tests were
requested
under |
10 | | paragraph 1 of this subsection (B) and the person submitted |
11 | | to testing
that
disclosed an alcohol concentration of 0.08 |
12 | | or more.
|
13 | | In cases where the blood alcohol concentration of 0.08 |
14 | | or greater or any
amount of
drug, substance or compound |
15 | | resulting from the unlawful use of cannabis, a
controlled
|
16 | | substance or an intoxicating compound is established by a |
17 | | subsequent analysis
of blood
or urine collected at the time |
18 | | of arrest, the arresting officer or arresting
agency shall
|
19 | | immediately submit a sworn report to the circuit clerk of |
20 | | venue and the
Department of
Natural Resources upon receipt |
21 | | of the test results.
|
22 | | 4. A person must submit to each chemical test offered |
23 | | by the law
enforcement
officer
in order to comply with the |
24 | | implied consent provisions of this Section.
|
25 | | 5. The provisions of Section 11-501.2 of the Illinois |
26 | | Vehicle Code, as
amended, concerning the certification and |
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1 | | use of chemical tests apply to the
use of such tests under |
2 | | this Section.
|
3 | | (C) Upon the trial of any civil or criminal action or |
4 | | proceeding arising out
of acts alleged to have been committed |
5 | | by any person while operating a
watercraft while under the |
6 | | influence of alcohol, the concentration of alcohol
in the |
7 | | person's blood or breath at the time alleged as shown by |
8 | | analysis of a
person's blood, urine, breath, or other bodily |
9 | | substance shall give rise to the
presumptions specified in |
10 | | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 |
11 | | of the Illinois Vehicle Code. The foregoing
provisions of this |
12 | | subsection (C) shall not be
construed
as limiting the |
13 | | introduction of any other relevant evidence bearing upon the
|
14 | | question whether the person was under the influence of alcohol.
|
15 | | (D) If a person under arrest refuses to submit to a |
16 | | chemical test under
the provisions of this Section, evidence of |
17 | | refusal shall be admissible in
any civil or criminal action or |
18 | | proceeding arising out of acts alleged to
have been committed |
19 | | while the person under the influence of alcohol,
other drug or |
20 | | drugs, intoxicating compound or compounds, or combination
of |
21 | | them was operating a watercraft.
|
22 | | (E) The owner of any watercraft or any person given |
23 | | supervisory
authority over a watercraft, may not knowingly |
24 | | permit a watercraft to be
operated by any person under the |
25 | | influence of alcohol, other drug or drugs,
intoxicating |
26 | | compound or compounds, or
combination thereof.
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1 | | (F) Whenever any person is convicted or found guilty of a |
2 | | violation of
this
Section, including any person placed on court |
3 | | supervision, the court shall
notify the Office of Law |
4 | | Enforcement of the
Department of Natural Resources, to provide |
5 | | the Department with the records
essential for the performance |
6 | | of the Department's duties to monitor and enforce
any order of |
7 | | suspension or revocation concerning the privilege to operate a
|
8 | | watercraft. |
9 | | Whenever any person is convicted or found guilty of a |
10 | | violation of this Section, including any person placed on court |
11 | | supervision, the court shall also notify the Secretary of State |
12 | | and provide the Secretary of State with the records necessary |
13 | | to monitor and enforce any order of suspension or revocation |
14 | | concerning the person's driver's license.
|
15 | | (G) No person who has been arrested and charged for |
16 | | violating paragraph 1 of
subsection (A) of this Section shall |
17 | | operate any watercraft within this State
for a period of 24 |
18 | | hours after such arrest.
|
19 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)".
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