Bill Text: IL HB5611 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Boat Registration and Safety Act. Provides that the use or operation of an inner tube or float tube is not subject to the prohibition on operation of a watercraft while under the influence. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5611 Detail]

Download: Illinois-2013-HB5611-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5611 Introduced , by Rep. David Reis SYNOPSIS AS INTRODUCED:
625 ILCS 45/5-16
Amends the Boat Registration and Safety Act. Provides that the use or operation of an inner tube or float tube is not subject to the prohibition on operation of a watercraft while under the influence. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Boat Registration and Safety Act is amended
by changing Section 5-16 as follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof.
(A) 1. A person shall not operate or be in actual physical
control of any watercraft within this State while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving a
motor vehicle is prohibited under subdivision (1) of
subsection (a) of Section 11-501 of the Illinois
Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of safely

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operating any watercraft;
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such
person incapable of safely operating a watercraft; or
(e) There is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, or an
intoxicating compound listed in the Use of
Intoxicating Compounds Act.
2. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
other drug or drugs, any intoxicating compound or
compounds, or any combination of them, shall not constitute
a defense against any charge of violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as
otherwise provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He has a previous conviction under this
Section;
(b) The offense results in personal injury where a
person other than the operator suffers great bodily
harm or permanent disability or disfigurement, when

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the violation was a proximate cause of the injuries. A
person guilty of a Class 4 felony under this
subparagraph (b), if sentenced to a term of
imprisonment, shall be sentenced to a term of not less
than one year nor more than 12 years; or
(c) The offense occurred during a period in which
his or her privileges to operate a watercraft are
revoked or suspended, and the revocation or suspension
was for a violation of this Section or was imposed
under subsection (B).
5. Every person convicted of violating this Section
shall be guilty of a Class 2 felony if the offense results
in the death of a person. A person guilty of a Class 2
felony under this paragraph 5, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
5.1. A person convicted of violating this Section or a
similar provision of a local ordinance who had a child
under the age of 16 aboard the watercraft at the time of
offense is subject to a mandatory minimum fine of $500 and
to a mandatory minimum of 5 days of community service in a
program benefiting children. The assignment under this
paragraph 5.1 is not subject to suspension and the person
is not eligible for probation in order to reduce the
assignment.
5.2. A person found guilty of violating this Section,

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if his or her operation of a watercraft while in violation
of this Section proximately caused any incident resulting
in an appropriate emergency response, is liable for the
expense of an emergency response as provided in subsection
(m) of Section 11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and
liabilities, a person who is found guilty of violating this
Section, including any person placed on court supervision,
shall be fined $100, payable to the circuit clerk, who
shall distribute the money to the law enforcement agency
that made the arrest. In the event that more than one
agency is responsible for the arrest, the $100 shall be
shared equally. Any moneys received by a law enforcement
agency under this paragraph 5.3 shall be used to purchase
law enforcement equipment or to provide law enforcement
training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection
devices, and alcohol breath testers.
6. (a) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person
convicted or found guilty of a misdemeanor under this
Section, a similar provision of a local ordinance, or
Title 46 of the U.S. Code of Federal Regulations for a

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period of one year, except that a first time offender
is exempt from this mandatory one year suspension.
As used in this subdivision (A)6(a), "first time
offender" means any person who has not had a previous
conviction or been assigned supervision for violating
this Section, a similar provision of a local ordinance
or, Title 46 of the U.S. Code of Federal Regulations,
or any person who has not had a suspension imposed
under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person
convicted of a felony under this Section, a similar
provision of a local ordinance, or Title 46 of the U.S.
Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical
control of any watercraft upon the waters of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath or urine for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination thereof
in the person's blood if arrested for any offense of
subsection (A) above. The chemical test or tests shall be
administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall
designate which of the tests shall be administered. A urine

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test may be administered even after a blood or breath test
or both has been administered.
1.1. For the purposes of this Section, an Illinois Law
Enforcement officer of this State who is investigating the
person for any offense defined in Section 5-16 may travel
into an adjoining state, where the person has been
transported for medical care to complete an investigation,
and may request that the person submit to the test or tests
set forth in this Section. The requirements of this Section
that the person be arrested are inapplicable, but the
officer shall issue the person a uniform citation for an
offense as defined in Section 5-16 or a similar provision
of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the uniform
citation shall not constitute an arrest, but shall be for
the purpose of notifying the person that he or she is
subject to the provisions of this Section and of the
officer's belief in the existence of probable cause to
arrest. Upon returning to this State, the officer shall
file the uniform citation with the circuit clerk of the
county where the offense was committed and shall seek the
issuance of an arrest warrant or a summons for the person.
1.2. Notwithstanding any ability to refuse under this
Act to submit to these tests or any ability to revoke the
implied consent to these tests, if a law enforcement
officer has probable cause to believe that a watercraft

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operated by or under actual physical control of a person
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of
them has caused the death of or personal injury to another,
that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or
her blood, breath, or urine for the purpose of determining
the alcohol content or the presence of any other drug,
intoxicating compound, or combination of them. For the
purposes of this Section, a personal injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene for
immediate professional attention in either a doctor's
office or a medical facility.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided above, and the test may be administered.
3. A person requested to submit to a chemical test as
provided above shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of such
person's privilege to operate a watercraft for a minimum of
2 years. Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test shall

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be given, but the law enforcement officer shall file with
the clerk of the circuit court for the county in which the
arrest was made, and with the Department of Natural
Resources, a sworn statement naming the person refusing to
take and complete the chemical test or tests requested
under the provisions of this Section. Such sworn statement
shall identify the arrested person, such person's current
residence address and shall specify that a refusal by such
person to take the chemical test or tests was made. Such
sworn statement shall include a statement that the
arresting officer had reasonable cause to believe the
person was operating or was in actual physical control of
the watercraft within this State while under the influence
of alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and that such chemical
test or tests were made as an incident to and following the
lawful arrest for an offense as defined in this Section or
a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of
acts alleged to have been committed while so operating a
watercraft refused to submit to and complete a chemical
test or tests as requested by the law enforcement officer.
3.1. The law enforcement officer submitting the sworn
statement as provided in paragraph 3 of this subsection (B)
shall serve immediate written notice upon the person
refusing the chemical test or tests that the person's

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privilege to operate a watercraft within this State will be
suspended for a period of 2 years unless, within 28 days
from the date of the notice, the person requests in writing
a hearing on the suspension.
If the person desires a hearing, such person shall file
a complaint in the circuit court for and in the county in
which such person was arrested for such hearing. Such
hearing shall proceed in the court in the same manner as
other civil proceedings, shall cover only the issues of
whether the person was placed under arrest for an offense
as defined in this Section or a similar provision of a
local ordinance as evidenced by the issuance of a uniform
citation; whether the arresting officer had reasonable
grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or
combination thereof; and whether such person refused to
submit and complete the chemical test or tests upon the
request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a
watercraft would be suspended if such person refused to
submit to the chemical test or tests shall not be an issue.
If the person fails to request in writing a hearing
within 28 days from the date of notice, or if a hearing is
held and the court finds against the person on the issues
before the court, the clerk shall immediately notify the

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Department of Natural Resources, and the Department shall
suspend the watercraft operation privileges of the person
for at least 2 years.
3.2. If the person submits to a test that discloses an
alcohol concentration of 0.08 or more, or any amount of a
drug, substance or intoxicating compound in the person's
breath, blood, or urine resulting from the unlawful use of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act, the law enforcement officer
shall immediately submit a sworn report to the circuit
clerk of venue and the Department of Natural Resources,
certifying that the test or tests were requested under
paragraph 1 of this subsection (B) and the person submitted
to testing that disclosed an alcohol concentration of 0.08
or more.
In cases where the blood alcohol concentration of 0.08
or greater or any amount of drug, substance or compound
resulting from the unlawful use of cannabis, a controlled
substance or an intoxicating compound is established by a
subsequent analysis of blood or urine collected at the time
of arrest, the arresting officer or arresting agency shall
immediately submit a sworn report to the circuit clerk of
venue and the Department of Natural Resources upon receipt
of the test results.

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4. A person must submit to each chemical test offered
by the law enforcement officer in order to comply with the
implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois
Vehicle Code, as amended, concerning the certification and
use of chemical tests apply to the use of such tests under
this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by
analysis of a person's blood, urine, breath, or other bodily
substance shall give rise to the presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2
of the Illinois Vehicle Code. The foregoing provisions of this
subsection (C) shall not be construed as limiting the
introduction of any other relevant evidence bearing upon the
question whether the person was under the influence of alcohol.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, evidence of
refusal shall be admissible in any civil or criminal action or
proceeding arising out of acts alleged to have been committed
while the person under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination of
them was operating a watercraft.

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(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly
permit a watercraft to be operated by any person under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof.
(F) Whenever any person is convicted or found guilty of a
violation of this Section, including any person placed on court
supervision, the court shall notify the Office of Law
Enforcement of the Department of Natural Resources, to provide
the Department with the records essential for the performance
of the Department's duties to monitor and enforce any order of
suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24
hours after such arrest.
(H) For purposes of this Section, the term "watercraft"
shall not include inner tubes or float tubes.
(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.