Sen. Julie A. Morrison
Filed: 4/10/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1477




2 AMENDMENT NO. ______. Amend Senate Bill 1477 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Section 6-206 as follows:



6 (625 ILCS 5/6-206)



7 Sec. 6-206. Discretionary authority to suspend or revoke 
8license or
permit; Right to a hearing.

9 (a) The Secretary of State is authorized to suspend or 
10revoke the
driving privileges of any person without preliminary 
11hearing upon a showing
of the person's records or other 
12sufficient evidence that
the person:


13  1. Has committed an offense for which mandatory 
14 revocation of
a driver's license or permit is required upon 
15 conviction;


16  2. Has been convicted of not less than 3 offenses 
 
 
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1 against traffic
regulations governing the movement of 
2 vehicles committed within any 12
month period. No 
3 revocation or suspension shall be entered more than
6 
4 months after the date of last conviction;


5  3. Has been repeatedly involved as a driver in motor 
6 vehicle
collisions or has been repeatedly convicted of 
7 offenses against laws and
ordinances regulating the 
8 movement of traffic, to a degree that
indicates lack of 
9 ability to exercise ordinary and reasonable care in
the 
10 safe operation of a motor vehicle or disrespect for the 
11 traffic laws
and the safety of other persons upon the 
12 highway;


13  4. Has by the unlawful operation of a motor vehicle 
14 caused or
contributed to an accident resulting in injury 
15 requiring
immediate professional treatment in a medical 
16 facility or doctor's office
to any person, except that any 
17 suspension or revocation imposed by the
Secretary of State 
18 under the provisions of this subsection shall start no

19 later than 6 months after being convicted of violating a 
20 law or
ordinance regulating the movement of traffic, which 
21 violation is related
to the accident, or shall start not 
22 more than one year
after
the date of the accident, 
23 whichever date occurs later;


24  5. Has permitted an unlawful or fraudulent use of a 
25 driver's
license, identification card, or permit;


26  6. Has been lawfully convicted of an offense or 
 
 
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1 offenses in another
state, including the authorization 
2 contained in Section 6-203.1, which
if committed within 
3 this State would be grounds for suspension or revocation;


4  7. Has refused or failed to submit to an examination 
5 provided for by
Section 6-207 or has failed to pass the 
6 examination;


7  8. Is ineligible for a driver's license or permit under 
8 the provisions
of Section 6-103;


9  9. Has made a false statement or knowingly concealed a 
10 material fact
or has used false information or 
11 identification in any application for a
license, 
12 identification card, or permit;


13  10. Has possessed, displayed, or attempted to 
14 fraudulently use any
license, identification card, or 
15 permit not issued to the person;


16  11. Has operated a motor vehicle upon a highway of this 
17 State when
the person's driving privilege or privilege to 
18 obtain a driver's license
or permit was revoked or 
19 suspended unless the operation was authorized by
a 
20 monitoring device driving permit, judicial driving permit 
21 issued prior to January 1, 2009, probationary license to 
22 drive, or a restricted
driving permit issued under this 
23 Code;


24  12. Has submitted to any portion of the application 
25 process for
another person or has obtained the services of 
26 another person to submit to
any portion of the application 
 
 
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1 process for the purpose of obtaining a
license, 
2 identification card, or permit for some other person;


3  13. Has operated a motor vehicle upon a highway of this 
4 State when
the person's driver's license or permit was 
5 invalid under the provisions of
Sections 6-107.1 and
6-110;


6  14. Has committed a violation of Section 6-301, 
7 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
8 of the Illinois Identification Card
Act;


9  15. Has been convicted of violating Section 21-2 of the 
10 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
11 to criminal trespass to vehicles in which case, the 
12 suspension
shall be for one year;


13  16. Has been convicted of violating Section 11-204 of 
14 this Code relating
to fleeing from a peace officer;


15  17. Has refused to submit to a test, or tests, as 
16 required under Section
11-501.1 of this Code and the person 
17 has not sought a hearing as
provided for in Section 
18 11-501.1;


19  18. Has, since issuance of a driver's license or 
20 permit, been adjudged
to be afflicted with or suffering 
21 from any mental disability or disease;


22  19. Has committed a violation of paragraph (a) or (b) 
23 of Section 6-101
relating to driving without a driver's 
24 license;


25  20. Has been convicted of violating Section 6-104 
26 relating to
classification of driver's license;


 
 
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1  21. Has been convicted of violating Section 11-402 of

2 this Code relating to leaving the scene of an accident 
3 resulting in damage
to a vehicle in excess of $1,000, in 
4 which case the suspension shall be
for one year;


5  22. Has used a motor vehicle in violating paragraph 
6 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
7 the Criminal Code of 1961 or the Criminal Code of 2012 
8 relating
to unlawful use of weapons, in which case the 
9 suspension shall be for one
year;


10  23. Has, as a driver, been convicted of committing a 
11 violation of
paragraph (a) of Section 11-502 of this Code 
12 for a second or subsequent
time within one year of a 
13 similar violation;


14  24. Has been convicted by a court-martial or punished 
15 by non-judicial
punishment by military authorities of the 
16 United States at a military
installation in Illinois of or 
17 for a traffic related offense that is the
same as or 
18 similar to an offense specified under Section 6-205 or 
19 6-206 of
this Code;


20  25. Has permitted any form of identification to be used 
21 by another in
the application process in order to obtain or 
22 attempt to obtain a license,
identification card, or 
23 permit;


24  26. Has altered or attempted to alter a license or has 
25 possessed an
altered license, identification card, or 
26 permit;


 
 
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1  27. Has violated Section 6-16 of the Liquor Control Act 
2 of 1934;


3  28. Has been convicted for a first time of the illegal 
4 possession, while operating or
in actual physical control, 
5 as a driver, of a motor vehicle, of any
controlled 
6 substance prohibited under the Illinois Controlled 
7 Substances
Act, any cannabis prohibited under the Cannabis 
8 Control
Act, or any methamphetamine prohibited under the 
9 Methamphetamine Control and Community Protection Act, in 
10 which case the person's driving privileges shall be 
11 suspended for
one year.
Any defendant found guilty of this 
12 offense while operating a motor vehicle,
shall have an 
13 entry made in the court record by the presiding judge that

14 this offense did occur while the defendant was operating a 
15 motor vehicle
and order the clerk of the court to report 
16 the violation to the Secretary
of State;


17  29. Has been convicted of the following offenses that 
18 were committed
while the person was operating or in actual 
19 physical control, as a driver,
of a motor vehicle: criminal 
20 sexual assault,
predatory criminal sexual assault of a 
21 child,
aggravated criminal sexual
assault, criminal sexual 
22 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
23 soliciting for a juvenile prostitute, promoting juvenile 
24 prostitution as described in subdivision (a)(1), (a)(2), 
25 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
26 or the Criminal Code of 2012, and the manufacture, sale or

 
 
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1 delivery of controlled substances or instruments used for 
2 illegal drug use
or abuse in which case the driver's 
3 driving privileges shall be suspended
for one year;


4  30. Has been convicted a second or subsequent time for 
5 any
combination of the offenses named in paragraph 29 of 
6 this subsection,
in which case the person's driving 
7 privileges shall be suspended for 5
years;


8  31. Has refused to submit to a test as
required by 
9 Section 11-501.6 or has submitted to a test resulting in
an 
10 alcohol concentration of 0.08 or more or any amount of a 
11 drug, substance, or
compound resulting from the unlawful 
12 use or consumption of cannabis as listed
in the Cannabis 
13 Control Act, a controlled substance as listed in the 
14 Illinois
Controlled Substances Act, an intoxicating 
15 compound as listed in the Use of
Intoxicating Compounds 
16 Act, or methamphetamine as listed in the Methamphetamine 
17 Control and Community Protection Act, in which case the 
18 penalty shall be
as prescribed in Section 6-208.1;


19  32. Has been convicted of Section 24-1.2 of the 
20 Criminal Code of
1961 or the Criminal Code of 2012 relating 
21 to the aggravated discharge of a firearm if the offender 
22 was
located in a motor vehicle at the time the firearm was 
23 discharged, in which
case the suspension shall be for 3 
24 years;


25  33. Has as a driver, who was less than 21 years of age 
26 on the date of
the offense, been convicted a first time of 
 
 
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1 a violation of paragraph (a) of
Section 11-502 of this Code 
2 or a similar provision of a local ordinance;


3  34. Has committed a violation of Section 11-1301.5 of 
4 this Code or a similar provision of a local ordinance;


5  35. Has committed a violation of Section 11-1301.6 of 
6 this Code or a similar provision of a local ordinance;


7  36. Is under the age of 21 years at the time of arrest 
8 and has been
convicted of not less than 2 offenses against 
9 traffic regulations governing
the movement of vehicles 
10 committed within any 24 month period. No revocation
or 
11 suspension shall be entered more than 6 months after the 
12 date of last
conviction;


13  37. Has committed a violation of subsection (c) of 
14 Section 11-907 of this
Code that resulted in damage to the 
15 property of another or the death or injury of another;


16  38. Has been convicted of a violation of Section 6-20 
17 of the Liquor
Control Act of 1934 or a similar provision of 
18 a local ordinance;


19  39. Has committed a second or subsequent violation of 
20 Section
11-1201 of this Code;

21  40. Has committed a violation of subsection (a-1) of 
22 Section 11-908 of
this Code;
23  41. Has committed a second or subsequent violation of 
24 Section 11-605.1 of this Code, a similar provision of a 
25 local ordinance, or a similar violation in any other state 
26 within 2 years of the date of the previous violation, in 
 
 
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1 which case the suspension shall be for 90 days;
2  42. Has committed a violation of subsection (a-1) of 
3 Section 11-1301.3 of this Code or a similar provision of a 
4 local ordinance;

5  43. Has received a disposition of court supervision for 
6 a violation of subsection (a), (d), or (e) of Section 6-20 
7 of the Liquor
Control Act of 1934 or a similar provision of 
8 a local ordinance, in which case the suspension shall be 
9 for a period of 3 months;

10  44.
Is under the age of 21 years at the time of arrest 
11 and has been convicted of an offense against traffic 
12 regulations governing the movement of vehicles after 
13 having previously had his or her driving privileges

14 suspended or revoked pursuant to subparagraph 36 of this 
15 Section;
16  45.
Has, in connection with or during the course of a 
17 formal hearing conducted under Section 2-118 of this Code: 
18 (i) committed perjury; (ii) submitted fraudulent or 
19 falsified documents; (iii) submitted documents that have 
20 been materially altered; or (iv) submitted, as his or her 
21 own, documents that were in fact prepared or composed for 
22 another person; or
23  46. Has committed a violation of subsection (j) of 
24 Section 3-413 of this Code; or .
25  47. Has been convicted of a second or subsequent 
26 violation of Section 5-16 of the Boat Registration and 
 
 
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1 Safety Act, a similar provision of a local ordinance, or 
2 Title 46 of the U.S. Code of Federal Regulations, in which 
3 case the suspension shall be for a period of three months. 
4 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
5and 27 of this
subsection, license means any driver's license, 
6any traffic ticket issued when
the person's driver's license is 
7deposited in lieu of bail, a suspension
notice issued by the 
8Secretary of State, a duplicate or corrected driver's
license, 
9a probationary driver's license or a temporary driver's 
10license.

11 (b) If any conviction forming the basis of a suspension or

12revocation authorized under this Section is appealed, the

13Secretary of State may rescind or withhold the entry of the 
14order of suspension
or revocation, as the case may be, provided 
15that a certified copy of a stay
order of a court is filed with 
16the Secretary of State. If the conviction is
affirmed on 
17appeal, the date of the conviction shall relate back to the 
18time
the original judgment of conviction was entered and the 6 
19month limitation
prescribed shall not apply.


20 (c) 1. Upon suspending or revoking the driver's license or 
21permit of
any person as authorized in this Section, the 
22Secretary of State shall
immediately notify the person in 
23writing of the revocation or suspension.
The notice to be 
24deposited in the United States mail, postage prepaid,
to the 
25last known address of the person.


26  2. If the Secretary of State suspends the driver's 
 
 
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1 license
of a person under subsection 2 of paragraph (a) of 
2 this Section, a
person's privilege to operate a vehicle as 
3 an occupation shall not be
suspended, provided an affidavit 
4 is properly completed, the appropriate fee
received, and a 
5 permit issued prior to the effective date of the

6 suspension, unless 5 offenses were committed, at least 2 of 
7 which occurred
while operating a commercial vehicle in 
8 connection with the driver's
regular occupation. All other 
9 driving privileges shall be suspended by the
Secretary of 
10 State. Any driver prior to operating a vehicle for

11 occupational purposes only must submit the affidavit on 
12 forms to be
provided by the Secretary of State setting 
13 forth the facts of the person's
occupation. The affidavit 
14 shall also state the number of offenses
committed while 
15 operating a vehicle in connection with the driver's regular

16 occupation. The affidavit shall be accompanied by the 
17 driver's license.
Upon receipt of a properly completed 
18 affidavit, the Secretary of State
shall issue the driver a 
19 permit to operate a vehicle in connection with the
driver's 
20 regular occupation only. Unless the permit is issued by the

21 Secretary of State prior to the date of suspension, the 
22 privilege to drive
any motor vehicle shall be suspended as 
23 set forth in the notice that was
mailed under this Section. 
24 If an affidavit is received subsequent to the
effective 
25 date of this suspension, a permit may be issued for the 
26 remainder
of the suspension period.


 
 
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1  The provisions of this subparagraph shall not apply to 
2 any driver
required to possess a CDL for the purpose of 
3 operating a commercial motor vehicle.


4  Any person who falsely states any fact in the affidavit 
5 required
herein shall be guilty of perjury under Section 
6 6-302 and upon conviction
thereof shall have all driving 
7 privileges revoked without further rights.


8  3. At the conclusion of a hearing under Section 2-118 
9 of this Code,
the Secretary of State shall either rescind 
10 or continue an order of
revocation or shall substitute an 
11 order of suspension; or, good
cause appearing therefor, 
12 rescind, continue, change, or extend the
order of 
13 suspension. If the Secretary of State does not rescind the 
14 order,
the Secretary may upon application,
to relieve undue 
15 hardship (as defined by the rules of the Secretary of 
16 State), issue
a restricted driving permit granting the 
17 privilege of driving a motor
vehicle between the 
18 petitioner's residence and petitioner's place of

19 employment or within the scope of the petitioner's 
20 employment related duties, or to
allow the petitioner to 
21 transport himself or herself, or a family member of the

22 petitioner's household to a medical facility, to receive 
23 necessary medical care, to allow the petitioner to 
24 transport himself or herself to and from alcohol or drug

25 remedial or rehabilitative activity recommended by a 
26 licensed service provider, or to allow the petitioner to 
 
 
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1 transport himself or herself or a family member of the 
2 petitioner's household to classes, as a student, at an 
3 accredited educational institution, or to allow the 
4 petitioner to transport children, elderly persons, or 
5 disabled persons who do not hold driving privileges and are 
6 living in the petitioner's household to and from daycare. 
7 The
petitioner must demonstrate that no alternative means 
8 of
transportation is reasonably available and that the 
9 petitioner will not endanger
the public safety or welfare. 
10 Those multiple offenders identified in subdivision (b)4 of 
11 Section 6-208 of this Code, however, shall not be eligible 
12 for the issuance of a restricted driving permit.

13 
  (A) If a person's license or permit is revoked or 
14 suspended due to 2
or more convictions of violating 
15 Section 11-501 of this Code or a similar
provision of a 
16 local ordinance or a similar out-of-state offense, or 
17 Section 9-3 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012, where the use of alcohol or 
19 other drugs is recited as an element of the offense, or 
20 a similar out-of-state offense, or a combination of 
21 these offenses, arising out
of separate occurrences, 
22 that person, if issued a restricted driving permit,
may 
23 not operate a vehicle unless it has been equipped with 
24 an ignition
interlock device as defined in Section 
25 1-129.1.


26   (B) If a person's license or permit is revoked or 
 
 
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1 suspended 2 or more
times within a 10 year period due 
2 to any combination of:
3    (i) a single conviction of violating Section

4 11-501 of this Code or a similar provision of a 
5 local ordinance or a similar
out-of-state offense 
6 or Section 9-3 of the Criminal Code of 1961 or the 
7 Criminal Code of 2012, where the use of alcohol or 
8 other drugs is recited as an element of the 
9 offense, or a similar out-of-state offense; or
10    (ii) a statutory summary suspension or 
11 revocation under Section
11-501.1; or
12    (iii) a suspension under Section 6-203.1; 
13  arising out of
separate occurrences; that person, if 
14 issued a restricted driving permit, may
not operate a 
15 vehicle unless it has been
equipped with an ignition 
16 interlock device as defined in Section 1-129.1.
17   (C)
The person issued a permit conditioned upon the 
18 use of an ignition interlock device must pay to the 
19 Secretary of State DUI Administration Fund an amount

20 not to exceed $30 per month. The Secretary shall 
21 establish by rule the amount
and the procedures, terms, 
22 and conditions relating to these fees.
23   (D) If the
restricted driving permit is issued for 
24 employment purposes, then the prohibition against 
25 operating a motor vehicle that is not equipped with an 
26 ignition interlock device does not apply to the 
 
 
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1 operation of an occupational vehicle owned or
leased by 
2 that person's employer when used solely for employment 
3 purposes.
4   (E) In each case the Secretary may issue a

5 restricted driving permit for a period deemed 
6 appropriate, except that all
permits shall expire 
7 within one year from the date of issuance. The 
8 Secretary
may not, however, issue a restricted driving 
9 permit to any person whose current
revocation is the 
10 result of a second or subsequent conviction for a 
11 violation
of Section 11-501 of this Code or a similar 
12 provision of a local ordinance
or any similar 
13 out-of-state offense, or Section 9-3 of the Criminal 
14 Code of 1961 or the Criminal Code of 2012, where the 
15 use of alcohol or other drugs is recited as an element 
16 of the offense, or any similar out-of-state offense, or 
17 any combination
of those offenses, until the 
18 expiration of at least one year from the date of
the 
19 revocation. A
restricted driving permit issued under 
20 this Section shall be subject to
cancellation, 
21 revocation, and suspension by the Secretary of State in 
22 like
manner and for like cause as a driver's license 
23 issued under this Code may be
cancelled, revoked, or 
24 suspended; except that a conviction upon one or more

25 offenses against laws or ordinances regulating the 
26 movement of traffic
shall be deemed sufficient cause 
 
 
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1 for the revocation, suspension, or
cancellation of a 
2 restricted driving permit. The Secretary of State may, 
3 as
a condition to the issuance of a restricted driving 
4 permit, require the
applicant to participate in a 
5 designated driver remedial or rehabilitative
program. 
6 The Secretary of State is authorized to cancel a 
7 restricted
driving permit if the permit holder does not 
8 successfully complete the program.

9 (c-3) In the case of a suspension under paragraph 43 of 
10subsection (a), reports received by the Secretary of State 
11under this Section shall, except during the actual time the 
12suspension is in effect, be privileged information and for use 
13only by the courts, police officers, prosecuting authorities, 
14the driver licensing administrator of any other state, the 
15Secretary of State, or the parent or legal guardian of a driver 
16under the age of 18. However, beginning January 1, 2008, if the 
17person is a CDL holder, the suspension shall also be made 
18available to the driver licensing administrator of any other 
19state, the U.S. Department of Transportation, and the affected 
20driver or motor
carrier or prospective motor carrier upon 
21request.

22 (c-4) In the case of a suspension under paragraph 43 of 
23subsection (a), the Secretary of State shall notify the person 
24by mail that his or her driving privileges and driver's license 
25will be suspended one month after the date of the mailing of 
26the notice.

 
 
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1 (c-5) The Secretary of State may, as a condition of the 
2reissuance of a
driver's license or permit to an applicant 
3whose driver's license or permit has
been suspended before he 
4or she reached the age of 21 years pursuant to any of
the 
5provisions of this Section, require the applicant to 
6participate in a
driver remedial education course and be 
7retested under Section 6-109 of this
Code.

8 (d) This Section is subject to the provisions of the 
9Drivers License
Compact.

10 (e) The Secretary of State shall not issue a restricted 
11driving permit to
a person under the age of 16 years whose 
12driving privileges have been suspended
or revoked under any 
13provisions of this Code.

14 (f) In accordance with 49 C.F.R. 384, the Secretary of 
15State may not issue a restricted driving permit for the 
16operation of a commercial motor vehicle to a person holding a 
17CDL whose driving privileges have been suspended, revoked, 
18cancelled, or disqualified under any provisions of this Code.
19(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
2096-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
217-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, 
22eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, 
23eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

24 Section 10. The Boat Registration and Safety Act is amended 
25by changing Section 5-16 as follows:




 
 
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1 (625 ILCS 45/5-16)



2 Sec. 5-16. Operating a watercraft under the influence of 
3alcohol,
other drug or drugs, intoxicating compound or 
4compounds, or combination
thereof.

5 (A) 1. A person shall not operate or be in actual physical 
6 control of
any
watercraft within this State while:


7   (a) The alcohol concentration in such person's 
8 blood or breath is a
concentration at which driving a 
9 motor vehicle is prohibited under subdivision
(1) of 
10 subsection (a) of
Section 11-501 of the Illinois 
11 Vehicle Code;


12   (b) Under the influence of alcohol;


13   (c) Under the influence of any other drug or 
14 combination of drugs to a
degree which renders such 
15 person incapable of safely operating
any watercraft;


16   (c-1) Under the influence of any intoxicating 
17 compound or combination
of
intoxicating compounds to a 
18 degree that renders the person incapable of safely

19 operating
any watercraft;


20   (d) Under the combined influence of alcohol and any 
21 other drug or
drugs to a degree which renders such 
22 person incapable of safely operating
a watercraft; or


23   (e) There is any amount of a drug, substance, or 
24 compound in the
person's blood or urine resulting from 
25 the unlawful use or consumption of
cannabis listed in 
 
 
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1 the Cannabis Control Act, a
controlled substance

2 listed in the Illinois Controlled Substances Act, or an 
3 intoxicating compound
listed in the Use of 
4 Intoxicating Compounds Act.


5  2. The fact that any person charged with violating this 
6 Section is or
has been legally entitled to use alcohol, 
7 other drug or drugs, any
intoxicating compound or 
8 compounds, or any combination of
them, shall not constitute 
9 a defense against any charge of
violating this
Section.


10  3. Every person convicted of violating this Section 
11 shall be guilty of a
Class A misdemeanor, except as 
12 otherwise provided in this Section.


13  4. Every person convicted of violating this Section 
14 shall be guilty of a
Class 4 felony if:


15   (a) He has a previous conviction under this 
16 Section;


17   (b) The offense results in personal injury where a 
18 person other than the
operator suffers great bodily 
19 harm or permanent disability or disfigurement,
when 
20 the violation was a proximate cause of the injuries. A 
21 person guilty of a
Class 4 felony under this 
22 subparagraph (b), if sentenced
to a term of 
23 imprisonment, shall be sentenced to a term of not less 
24 than
one year nor more than 12 years; or


25   (c) The offense occurred during a period in which 
26 his or her
privileges
to
operate
a watercraft are 
 
 
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1 revoked or suspended, and the revocation or suspension 
2 was for
a
violation of this Section or was imposed 
3 under subsection (B).


4  5. Every person convicted of violating this Section 
5 shall be
guilty of a Class 2 felony if the offense results 
6 in the death of a
person.
A person guilty of a Class 2 
7 felony under this paragraph 5, if sentenced to a
term of 
8 imprisonment, shall be sentenced to a term of not less than 
9 3 years
and not more than 14 years.


10  5.1. A person convicted of violating this Section or a 
11 similar
provision
of a
local
ordinance who had a child 
12 under the age of 16 aboard the watercraft at the
time of 
13 offense is
subject to a mandatory minimum fine of $500 and 
14 to a mandatory minimum of 5
days of
community service in a 
15 program benefiting children. The assignment under this

16 paragraph 5.1 is
not subject to suspension and the person 
17 is not eligible for probation in order
to reduce the

18 assignment.


19  5.2. A person found guilty of violating this Section, 
20 if his or her
operation
of a watercraft
while in violation 
21 of this Section proximately caused any incident resulting 
22 in
an appropriate
emergency response, is liable for the 
23 expense of an emergency response as
provided in subsection 
24 (m) of Section 11-501 of the Illinois Vehicle Code.


25  5.3. In addition to any other penalties and 
26 liabilities, a person who is
found
guilty of
violating this 
 
 
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1 Section, including any person placed on court supervision,

2 shall be fined $100,
payable to the circuit clerk, who 
3 shall distribute the money to the law
enforcement agency 
4 that
made the arrest. In the event that more than one 
5 agency is responsible for the
arrest, the $100
shall be 
6 shared equally. Any moneys received by a law enforcement 
7 agency under
this
paragraph 5.3 shall be used to purchase 
8 law enforcement equipment or to provide
law
enforcement 
9 training that will assist in the prevention of alcohol 
10 related
criminal violence
throughout the State. Law 
11 enforcement equipment shall include, but is not
limited to, 
12 in-car
video cameras, radar and laser speed detection 
13 devices, and alcohol breath
testers.


14  6. (a) In addition to any criminal penalties imposed, 
15 the Department of
Natural Resources shall suspend the 
16 watercraft operation privileges of any
person

17 convicted or found guilty of a misdemeanor under this 
18 Section, a similar provision of a local ordinance, or 
19 Title 46 of the U.S. Code of Federal Regulations for a 
20 period
of one year, except that a first time offender 
21 is exempt from this mandatory
one year suspension.

22   As used in this subdivision (A)6(a), "first time 
23 offender" means any person who has not had a previous 
24 conviction or been assigned supervision for violating 
25 this Section, a similar provision of a local ordinance 
26 or, Title 46 of the U.S. Code of Federal Regulations, 
 
 
09800SB1477sam002- 22 -LRB098 10154 MLW 44002 a


1 or any person who has not had a suspension imposed 
2 under subdivision (B)3.1 of Section 5-16.


3   (b) 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 of a felony under this Section, a similar 
7 provision of a local ordinance, or Title 46 of the U.S. 
8 Code of Federal Regulations for a period of 3 years.

9   (c) In addition to any criminal penalties imposed, 
10 the Secretary of State shall suspend the driver's 
11 license of any person convicted of a misdemeanor or 
12 felony under this Section, a similar provision of a 
13 local ordinance, or Title 46 of the U.S. Code of 
14 Federal Regulations for a period of 3 months, except 
15 that a first time offender is exempt from this 
16 mandatory 3 month suspension. 

17 (B) 1. Any person who operates or is in actual physical 
18 control of any
watercraft upon the waters of this
State 
19 shall be deemed to have given consent to a chemical test or 
20 tests of
blood, breath or urine for the purpose of 
21 determining the content of
alcohol, other
drug or drugs, 
22 intoxicating compound or compounds, or combination thereof

23 in the person's blood if arrested for
any offense of 
24 subsection (A) above. The chemical test or tests shall be

25 administered at
the direction of the arresting officer.
The 
26 law enforcement agency employing the
officer shall 
 
 
09800SB1477sam002- 23 -LRB098 10154 MLW 44002 a


1 designate which of the tests shall be administered. A
urine 
2 test may be
administered even after a blood or breath test 
3 or both has been administered.


4  1.1. For the purposes of this Section, an Illinois Law 
5 Enforcement
officer of
this
State who is investigating the 
6 person for any offense defined in Section 5-16
may travel

7 into an adjoining state, where the person has been 
8 transported for medical care
to
complete an investigation, 
9 and may request that the person submit to the test
or
tests 
10 set
forth in this Section. The requirements of this Section 
11 that the person be
arrested are
inapplicable, but the 
12 officer shall issue the person a uniform citation for an

13 offense as
defined in Section 5-16 or a similar provision 
14 of a local ordinance prior to
requesting that
the person 
15 submit to the test or tests. The issuance of the uniform 
16 citation
shall not
constitute an arrest, but shall be for 
17 the purpose of notifying the person that
he or she is

18 subject to the provisions of this Section and of the 
19 officer's belief in the
existence of
probable cause to 
20 arrest. Upon returning to this State, the officer shall 
21 file
the uniform
citation with the circuit clerk of the 
22 county where the offense was committed
and shall
seek the 
23 issuance of an arrest warrant or a summons for the person.


24  1.2. Notwithstanding any ability to refuse under this 
25 Act to submit to
these
tests
or any ability to revoke the 
26 implied consent to these tests, if a law
enforcement 
 
 
09800SB1477sam002- 24 -LRB098 10154 MLW 44002 a


1 officer
has probable cause to believe that a watercraft 
2 operated by or under actual
physical
control of a person 
3 under the influence of alcohol, other drug or drugs,

4 intoxicating
compound or compounds, or any combination of 
5 them has caused the death of or
personal
injury to another, 
6 that person shall submit, upon the request of a law

7 enforcement officer,
to a chemical test or tests of his or 
8 her blood, breath, or urine for the
purpose of
determining 
9 the alcohol content or the presence of any other drug, 
10 intoxicating
compound, or
combination
of them. For the 
11 purposes of this Section, a personal injury includes severe

12 bleeding
wounds, distorted extremities, and injuries that 
13 require the injured party to
be carried
from the scene for 
14 immediate professional attention in either a doctor's 
15 office
or a
medical facility.


16  2. Any person who is dead, unconscious or who is 
17 otherwise in a condition
rendering such person incapable of 
18 refusal, shall be deemed not to have
withdrawn the consent 
19 provided above, and the test may be administered.


20  3. A person requested to submit to a chemical test as 
21 provided above
shall be
verbally advised by the law 
22 enforcement officer requesting the test that a
refusal to 
23 submit to the test will result in suspension of such 
24 person's
privilege to operate a watercraft for a minimum of 
25 2 years. Following this
warning, if a person
under arrest 
26 refuses upon the request of a law enforcement officer to

 
 
09800SB1477sam002- 25 -LRB098 10154 MLW 44002 a


1 submit to a test designated by the officer, no test
shall 
2 be given, but the law enforcement officer shall file with 
3 the clerk
of the circuit court for the county in which the 
4 arrest was made, and with
the Department of Natural 
5 Resources, a sworn
statement naming the person refusing to 
6 take and complete the chemical test
or tests
requested 
7 under the provisions of this Section. Such sworn statement 
8 shall
identify the arrested person, such person's current 
9 residence address and
shall specify that a refusal by such 
10 person to take the chemical test or
tests was
made. Such 
11 sworn statement shall include a statement that the 
12 arresting
officer had reasonable cause to believe the 
13 person was operating or was in
actual physical control of 
14 the
watercraft within this State while under the influence 
15 of alcohol, other
drug or drugs, intoxicating compound or 
16 compounds, or combination thereof
and that such
chemical 
17 test or tests were made as an
incident to and following the 
18 lawful arrest for an offense as defined in
this Section or 
19 a similar provision of a local ordinance, and that the

20 person after being arrested for an offense arising out of 
21 acts alleged to
have been committed while so operating a 
22 watercraft refused to submit to
and complete a chemical 
23 test or tests as requested by the law enforcement
officer.


24  3.1. The law enforcement officer submitting the sworn 
25 statement as
provided in
paragraph 3 of this subsection (B) 
26 shall serve immediate written notice upon
the
person 
 
 
09800SB1477sam002- 26 -LRB098 10154 MLW 44002 a


1 refusing the chemical test or tests that the person's 
2 privilege to
operate a
watercraft within this State will be 
3 suspended for a period of 2 years unless,
within 28 days 
4 from the date of the notice, the person requests in writing 
5 a
hearing
on the suspension.


6  If the person desires a hearing, such person
shall file 
7 a complaint in the circuit court for and in the county in 
8 which
such person was arrested for such hearing. Such 
9 hearing shall proceed in
the court in the same manner as 
10 other civil proceedings, shall cover only
the issues of 
11 whether the person was placed under arrest for an offense 
12 as
defined in this Section or a similar provision of a 
13 local ordinance as
evidenced by the issuance of a uniform 
14 citation; whether the arresting
officer had reasonable 
15 grounds to believe that such person was operating a

16 watercraft while under the influence of alcohol, other drug 
17 or drugs,
intoxicating compound or compounds, or 
18 combination
thereof; and whether such person refused to 
19 submit and complete the
chemical test or
tests upon the 
20 request of the law enforcement officer. Whether the person

21 was informed that such person's privilege to operate a 
22 watercraft would be
suspended if such person refused to 
23 submit to the chemical test or tests
shall not be an
issue.


24  If the person fails to request in writing a hearing 
25 within 28 days from
the date of notice, or if a hearing is 
26 held and the court finds against the
person on the issues 
 
 
09800SB1477sam002- 27 -LRB098 10154 MLW 44002 a


1 before the court, the
clerk shall immediately notify the 
2 Department of Natural Resources, and the Department shall 
3 suspend the watercraft operation
privileges of the person 
4 for at least 2 years.


5  3.2. If the person submits to a test that discloses an 
6 alcohol
concentration
of 0.08
or more, or any amount of a 
7 drug, substance or intoxicating compound in the
person's

8 breath, blood, or urine resulting from the unlawful use of 
9 cannabis listed in
the Cannabis
Control Act, a controlled 
10 substance listed in the Illinois Controlled
Substances 
11 Act, or an
intoxicating compound listed in the Use of 
12 Intoxicating Compounds Act, the law
enforcement officer 
13 shall immediately submit a sworn report to the circuit

14 clerk of venue
and the Department of Natural Resources, 
15 certifying that the test or tests were
requested
under 
16 paragraph 1 of this subsection (B) and the person submitted 
17 to testing
that
disclosed an alcohol concentration of 0.08 
18 or more.


19  In cases where the blood alcohol concentration of 0.08 
20 or greater or any
amount of
drug, substance or compound 
21 resulting from the unlawful use of cannabis, a
controlled

22 substance or an intoxicating compound is established by a 
23 subsequent analysis
of blood
or urine collected at the time 
24 of arrest, the arresting officer or arresting
agency shall

25 immediately submit a sworn report to the circuit clerk of 
26 venue and the
Department of
Natural Resources upon receipt 
 
 
09800SB1477sam002- 28 -LRB098 10154 MLW 44002 a


1 of the test results.


2  4. A person must submit to each chemical test offered 
3 by the law
enforcement
officer
in order to comply with the 
4 implied consent provisions of this Section.


5  5. The provisions of Section 11-501.2 of the Illinois 
6 Vehicle Code, as
amended, concerning the certification and 
7 use of chemical tests apply to the
use of such tests under 
8 this Section.

9 (C) Upon the trial of any civil or criminal action or 
10proceeding arising out
of acts alleged to have been committed 
11by any person while operating a
watercraft while under the 
12influence of alcohol, the concentration of alcohol
in the 
13person's blood or breath at the time alleged as shown by 
14analysis of a
person's blood, urine, breath, or other bodily 
15substance shall give rise to the
presumptions specified in 
16subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 
17of the Illinois Vehicle Code. The foregoing
provisions of this 
18subsection (C) shall not be
construed
as limiting the 
19introduction of any other relevant evidence bearing upon the

20question whether the person was under the influence of alcohol.

21 (D) If a person under arrest refuses to submit to a 
22chemical test under
the provisions of this Section, evidence of 
23refusal shall be admissible in
any civil or criminal action or 
24proceeding arising out of acts alleged to
have been committed 
25while the person under the influence of alcohol,
other drug or 
26drugs, intoxicating compound or compounds, or combination
of 
 
 
09800SB1477sam002- 29 -LRB098 10154 MLW 44002 a


1them was operating a watercraft.

2 (E) The owner of any watercraft or any person given 
3supervisory
authority over a watercraft, may not knowingly 
4permit a watercraft to be
operated by any person under the 
5influence of alcohol, other drug or drugs,
intoxicating 
6compound or compounds, or
combination thereof.

7 (F) Whenever any person is convicted or found guilty of a 
8violation of
this
Section, including any person placed on court 
9supervision, the court shall
notify the Office of Law 
10Enforcement of the
Department of Natural Resources, to provide 
11the Department with the records
essential for the performance 
12of the Department's duties to monitor and enforce
any order of 
13suspension or revocation concerning the privilege to operate a

14watercraft. 
15 The clerk of the court shall report a conviction or 
16disposition of court supervision for a violation of this 
17Section, a similar provision of a local ordinance, or a 
18violation of Title 46 of the U.S. Code of Federal Regulation to 
19the Secretary of State, in the manner and form prescribed by 
20the Secretary. 

21 (G) No person who has been arrested and charged for 
22violating paragraph 1 of
subsection (A) of this Section shall 
23operate any watercraft within this State
for a period of 24 
24hours after such arrest.

25(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)".