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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:
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| 4 |  |  "Section 5. The Illinois Vehicle Code is amended by  | 
| 5 |  | changing Section 6-208.1 as follows:
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| 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| 11 |  | rescinded, any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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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,
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| 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:
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| 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
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| 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
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| 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.
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| 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.
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| 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
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| 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.
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| 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
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| 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
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| 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
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| 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,
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| 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
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| 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.
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| 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
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| 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
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| 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.
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| 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.
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| 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
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| 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
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| 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.
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| 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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