Illinois 96th Regular Session Status: Passed Senate

SB 2248 — OUI-BOAT-SNOW-DRIVERS LICENSE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Vehicle Code. Provides that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence. Provides that the suspension and revocation of a person's motor vehicle driving privileges and the person's opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence. Changes the definition of "first offender" to include certain offenses and suspensions related to operating a snowmobile or watercraft under the influence. Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to change the definition of "first offender" so that the term has the same meaning as it used in the Illinois Vehicle Code. Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test and must give additional warnings to the person regarding possible driver's license suspension, and requires the court clerk to send notice to the Secretary of State if the person fails to request a hearing or if the court finds against the person. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

52 added · 91 removed

Plain-language change summary

The latest version of SB 2248 now includes comprehensive amendments to Illinois laws concerning driving under the influence (DUI). Key changes state that DUI laws will apply not only to traditional vehicles but also to snowmobiles and watercraft, meaning that drivers can face similar penalties for operating these vehicles while intoxicated. This matters because it aims to enhance public safety by holding individuals accountable for impaired operation of all types of vehicles, not just cars. Additionally, the definition of a "first offender" has been broadened to cover related offenses involving snowmobiles and watercraft.

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*LRB09608771AJT18903b* SB2248 96TH GENERAL ASSEMBLY State of Illinois and 2010 SB2248 Introduced 2/20/2009, by Sen.
SB2248 Engrossed LRB096 08771 AJT 18903 b AN ACT concerning transportation.
Chris Lauzen SYNOPSIS AS INTRODUCED:
ILCS 5/1-197.5 from Ch.
95 1/2, par.
1-203.1 ILCS 5/2-118.1 from Ch.
95 1/2, par.
2-118.1 ILCS 5/6-100.5 new ILCS 5/11-500 from Ch.
95 1/2, par.
11-500 ILCS 5/11-501 from Ch.
95 1/2, par.
11-501 ILCS 40/5-7 ILCS 40/5-7.1 ILCS 45/5-16 Amends the Illinois Vehicle Code.
Provides that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence.
Provides that the suspension and revocation of a person's motor vehicle driving privileges and the person's opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence.
Changes the definition of "first offender" to include certain offenses and suspensions related to operating a snowmobile or watercraft under the influence.
Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to change the definition of "first offender" so that the term has the same meaning as it used in the Illinois Vehicle Code.
Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test and must give additional warnings to the person regarding possible driver's license suspension, and requires the court clerk to send notice to the Secretary of State if the person fails to request a hearing or if the court finds against the person.
Makes other changes.
Effective immediately.
LRB096 08771 AJT 18903 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2248 LRB096 08771 AJT 18903 b AN ACT concerning transportation.
The bases for this withdrawal of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving or operating under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, or submission to such a test or tests indicating an alcohol concentration of 0.08 or more as provided in Section 11-501.1 of this Code, Section 5-7.1 of the Snowmobile Registration and Safety Act, or Section 5-16 of the SB2248 - 2 - LRB096 08771 AJT 18903 b Boat Registration and Safety Act.
The bases for this withdrawal of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving or operating under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, or submission to such a test or tests indicating an alcohol concentration of 0.08 or more as provided in Section 11-501.1 of this Code, Section 5-7.1 of the Snowmobile Registration and Safety Act, or Section 5-16 of the SB2248 Engrossed - 2 - LRB096 08771 AJT 18903 b Boat Registration and Safety Act.
The hearings shall proceed in the court in the same manner as in SB2248 - 3 - LRB096 08771 AJT 18903 b other civil proceedings.
The hearings shall proceed in the court in the same manner as in SB2248 Engrossed - 3 - LRB096 08771 AJT 18903 b other civil proceedings.
Whether the person, after being advised by the SB2248 - 4 - LRB096 08771 AJT 18903 b officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, or 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, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
Whether the person, after being advised by the SB2248 Engrossed - 4 - LRB096 08771 AJT 18903 b officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, or 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, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
(1) A violation of Section 5-7 of the Snowmobile Registration and Safety Act or a similar provision of a local ordinance or a similar out-of-state offense, or Section 5-16 of the Boat Registration and Safety Act or a similar provision of a local ordinance or a similar out-of-state offense shall be deemed to be the same as a SB2248 - 5 - LRB096 08771 AJT 18903 b violation of Section 11-501 of this Code.
(1) A violation of Section 5-7 of the Snowmobile Registration and Safety Act or a similar provision of a local ordinance or a similar out-of-state offense, or Section 5-16 of the Boat Registration and Safety Act or a similar provision of a local ordinance or a similar out-of-state offense shall be deemed to be the same as a SB2248 Engrossed - 5 - LRB096 08771 AJT 18903 b violation of Section 11-501 of this Code.
(2) A suspension for refusal to submit to a chemical SB2248 - 6 - LRB096 08771 AJT 18903 b test under Section 5-7.1 of the Snowmobile Registration and Safety Act or Section 5-16 of the Boat Registration and Safety Act shall be deemed to be the same as a statutory summary suspension for refusal to submit to a chemical test under Section 11-501.1 or 11-501.8 of this Code.
(2) A suspension for refusal to submit to a chemical SB2248 Engrossed - 6 - LRB096 08771 AJT 18903 b test under Section 5-7.1 of the Snowmobile Registration and Safety Act or Section 5-16 of the Boat Registration and Safety Act shall be deemed to be the same as a statutory summary suspension for refusal to submit to a chemical test under Section 11-501.1 or 11-501.8 of this Code.
, or (B) a conviction in any other state for a violation of driving while under the influence or a similar SB2248 - 7 - LRB096 08771 AJT 18903 b offense where the cause of action is the same or substantially similar to this Code, Section 5-7 of the Snowmobile Registration and Safety Act, or Section 5-16 of the Boat Registration and Safety Act;
, or (B) a conviction in any other state for a violation of driving while under the influence or a similar SB2248 Engrossed - 7 - LRB096 08771 AJT 18903 b offense where the cause of action is the same or substantially similar to this Code, Section 5-7 of the Snowmobile Registration and Safety Act, or Section 5-16 of the Boat Registration and Safety Act;
(b) The definition of "first offender" in subsection (a) does not include within 5 years prior to the date of the SB2248 - 8 - LRB096 08771 AJT 18903 b current offense, except in cases where the person driver submitted to chemical testing resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or compound in such 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, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and was subsequently found not guilty of violating Section 11-501, or a similar provision of a local ordinance, Section 5-7 of the Snowmobile Registration and Safety Act or similar provision of a local ordinance, or Section 5-16 of the Boat Registration and Safety Act or similar provision of a local ordinance.
(b) The definition of "first offender" in subsection (a) does not include within 5 years prior to the date of the SB2248 Engrossed - 8 - LRB096 08771 AJT 18903 b current offense, except in cases where the person driver submitted to chemical testing resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or compound in such 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, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and was subsequently found not guilty of violating Section 11-501, or a similar provision of a local ordinance, Section 5-7 of the Snowmobile Registration and Safety Act or similar provision of a local ordinance, or Section 5-16 of the Boat Registration and Safety Act or similar provision of a local ordinance.
(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and SB2248 - 9 - LRB096 08771 AJT 18903 b breath units in Section 11-501.2;
(1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and SB2248 Engrossed - 9 - LRB096 08771 AJT 18903 b breath units in Section 11-501.2;
(1) Except as otherwise provided in this Section, any SB2248 - 10 - LRB096 08771 AJT 18903 b person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(1) Except as otherwise provided in this Section, any SB2248 Engrossed - 10 - LRB096 08771 AJT 18903 b person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory SB2248 - 11 - LRB096 08771 AJT 18903 b minimum fine of $1,250.
(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory SB2248 Engrossed - 11 - LRB096 08771 AJT 18903 b minimum fine of $1,250.
(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, SB2248 - 12 - LRB096 08771 AJT 18903 b other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, SB2248 Engrossed - 12 - LRB096 08771 AJT 18903 b other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
(G) the person committed a violation of subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the SB2248 - 13 - LRB096 08771 AJT 18903 b Criminal Code of 1961;
(G) the person committed a violation of subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the SB2248 Engrossed - 13 - LRB096 08771 AJT 18903 b Criminal Code of 1961;
If at the time of the third violation the alcohol concentration in his or her blood, SB2248 - 14 - LRB096 08771 AJT 18903 b breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction.
If at the time of the third violation the alcohol concentration in his or her blood, SB2248 Engrossed - 14 - LRB096 08771 AJT 18903 b breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction.
(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of SB2248 - 15 - LRB096 08771 AJT 18903 b probation or conditional discharge may not be imposed.
(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of SB2248 Engrossed - 15 - LRB096 08771 AJT 18903 b probation or conditional discharge may not be imposed.
(F) For a violation of subparagraph (C) of paragraph SB2248 - 16 - LRB096 08771 AJT 18903 b (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
(F) For a violation of subparagraph (C) of paragraph SB2248 Engrossed - 16 - LRB096 08771 AJT 18903 b (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program SB2248 - 17 - LRB096 08771 AJT 18903 b benefiting children shall be imposed in addition to any other criminal or administrative sanction.
If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program SB2248 Engrossed - 17 - LRB096 08771 AJT 18903 b benefiting children shall be imposed in addition to any other criminal or administrative sanction.
SB2248 - 18 - LRB096 08771 AJT 18903 b 95-355, eff.
SB2248 Engrossed - 18 - LRB096 08771 AJT 18903 b 95-355, eff.
The person is under the combined influence of SB2248 - 19 - LRB096 08771 AJT 18903 b alcohol and any other drug or drugs or intoxicating compound or compounds to a degree that renders that person incapable of safely operating a snowmobile;
The person is under the combined influence of SB2248 Engrossed - 19 - LRB096 08771 AJT 18903 b alcohol and any other drug or drugs or intoxicating compound or compounds to a degree that renders that person incapable of safely operating a snowmobile;
SB2248 - 20 - LRB096 08771 AJT 18903 b (1) a forfeiture of bail or collateral deposited to secure a defendant's appearance in court when forfeiture has not been vacated;
SB2248 Engrossed - 20 - LRB096 08771 AJT 18903 b (1) a forfeiture of bail or collateral deposited to secure a defendant's appearance in court when forfeiture has not been vacated;
SB2248 - 21 - LRB096 08771 AJT 18903 b (e-1) Every person convicted of violating this Section or a similar provision of a local ordinance who had a child under the age of 16 on board the snowmobile at the time of offense shall be subject to a mandatory minimum fine of $500 and shall be subject to a mandatory minimum of 5 days of community service in a program benefiting children.
SB2248 Engrossed - 21 - LRB096 08771 AJT 18903 b (e-1) Every person convicted of violating this Section or a similar provision of a local ordinance who had a child under the age of 16 on board the snowmobile at the time of offense shall be subject to a mandatory minimum fine of $500 and shall be subject to a mandatory minimum of 5 days of community service in a program benefiting children.
Law SB2248 - 22 - LRB096 08771 AJT 18903 b enforcement equipment shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
Law SB2248 Engrossed - 22 - LRB096 08771 AJT 18903 b enforcement equipment shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
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The law enforcement agency employing the officer shall designate which tests shall SB2248 - 23 - LRB096 08771 AJT 18903 b be administered.
The law enforcement agency employing the officer shall designate which tests shall SB2248 Engrossed - 23 - LRB096 08771 AJT 18903 b be administered.
(a-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 snowmobile operated by or under actual physical control of a person under the influence SB2248 - 24 - LRB096 08771 AJT 18903 b of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death 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 or combination of both.
(a-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 snowmobile operated by or under actual physical control of a person under the influence SB2248 Engrossed - 24 - LRB096 08771 AJT 18903 b of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death 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 or combination of both.
The SB2248 - 25 - LRB096 08771 AJT 18903 b person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of the Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder, will be imposed.
The SB2248 Engrossed - 25 - LRB096 08771 AJT 18903 b person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of the Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder, will be imposed.
A person who is under the age of 21 at the time the person is requested to submit to a test as provided above shall, in addition to the warnings provided for in this Section, be further warned by the law enforcement officer requesting the test that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is greater than 0.00 and less than 0.08, a suspension of the person's privilege to operate a motor vehicle, as provided under Sections 6-208.2 and 11-501.8 SB2248 - 26 - LRB096 08771 AJT 18903 b of the Illinois Vehicle Code, will be imposed.
A person who is under the age of 21 at the time the person is requested to submit to a test as provided above shall, in addition to the warnings provided for in this Section, be further warned by the law enforcement officer requesting the test that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is greater than 0.00 and less than 0.08, a suspension of the person's privilege to operate a motor vehicle, as provided under Sections 6-208.2 and 11-501.8 SB2248 Engrossed - 26 - LRB096 08771 AJT 18903 b of the Illinois Vehicle Code, will be imposed.
The sworn statement shall include a statement that the officer had reasonable cause to believe the person was operating or was in actual physical control of the snowmobile within this State while under the influence of alcohol, other drug or drugs, an intoxicating compound or compound, or a combination of them and that a chemical test or tests were SB2248 - 27 - LRB096 08771 AJT 18903 b requested as an incident to and following the lawful arrest for an offense as defined in Section 5-7 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 operating a snowmobile, refused to submit to and complete a chemical test or tests as requested by the law enforcement officer.
The sworn statement shall include a statement that the officer had reasonable cause to believe the person was operating or was in actual physical control of the snowmobile within this State while under the influence of alcohol, other drug or drugs, an intoxicating compound or compound, or a combination of them and that a chemical test or tests were SB2248 Engrossed - 27 - LRB096 08771 AJT 18903 b requested as an incident to and following the lawful arrest for an offense as defined in Section 5-7 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 operating a snowmobile, refused to submit to and complete a chemical test or tests as requested by the law enforcement officer.
(1) whether the person was placed under arrest for an SB2248 - 28 - LRB096 08771 AJT 18903 b offense as defined in Section 5-7 or a similar provision of a local ordinance as evidenced by the issuance of a uniform citation;
(1) whether the person was placed under arrest for an SB2248 Engrossed - 28 - LRB096 08771 AJT 18903 b offense as defined in Section 5-7 or a similar provision of a local ordinance as evidenced by the issuance of a uniform citation;
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 Secretary of State, and the Secretary of State shall impose a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 6-208.2 of the SB2248 - 29 - LRB096 08771 AJT 18903 b Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder.
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 Secretary of State, and the Secretary of State shall impose a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 6-208.2 of the SB2248 Engrossed - 29 - LRB096 08771 AJT 18903 b Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder.
SB2248 - 30 - LRB096 08771 AJT 18903 b (g) A person must submit to each chemical test offered by the law enforcement officer in order to comply with implied consent provisions of this Section.
SB2248 Engrossed - 30 - LRB096 08771 AJT 18903 b (g) A person must submit to each chemical test offered by the law enforcement officer in order to comply with implied consent provisions of this Section.
SB2248 - 31 - LRB096 08771 AJT 18903 b (c-1) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating any watercraft;
SB2248 Engrossed - 31 - LRB096 08771 AJT 18903 b (c-1) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating any watercraft;
SB2248 - 32 - LRB096 08771 AJT 18903 b (b) The offense results in personal injury where a person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries.
SB2248 Engrossed - 32 - LRB096 08771 AJT 18903 b (b) The offense results in personal injury where a person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries.
The assignment under this paragraph 5.1 is not subject to suspension and the person SB2248 - 33 - LRB096 08771 AJT 18903 b is not eligible for probation in order to reduce the assignment.
The assignment under this paragraph 5.1 is not subject to suspension and the person SB2248 Engrossed - 33 - LRB096 08771 AJT 18903 b is not eligible for probation in order to reduce the assignment.
(a) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person SB2248 - 34 - LRB096 08771 AJT 18903 b convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S.
(a) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend the watercraft operation privileges of any person SB2248 Engrossed - 34 - LRB096 08771 AJT 18903 b convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S.
As used in this subdivision (A)6(a), "first time offender" has the meaning ascribed to that term offender" in Section 11-500 of the Illinois Vehicle Code.
As used in this subdivision (A)6(a), "first time offender" has the meaning ascribed to that term in Section 11-500 of the Illinois Vehicle Code.
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 SB2248 - 35 - LRB096 08771 AJT 18903 b in the person's blood if arrested for any offense of subsection (A) above.
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 SB2248 Engrossed - 35 - LRB096 08771 AJT 18903 b in the person's blood if arrested for any offense of subsection (A) above.
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 SB2248 - 36 - LRB096 08771 AJT 18903 b issuance of an arrest warrant or a summons for the person.
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 SB2248 Engrossed - 36 - LRB096 08771 AJT 18903 b issuance of an arrest warrant or a summons for the person.
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 SB2248 - 37 - LRB096 08771 AJT 18903 b submit to the test will result in suspension of such person's privilege to operate a watercraft for a minimum of 2 years, and the statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1 of the Illinois Vehicle Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder.
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 SB2248 Engrossed - 37 - LRB096 08771 AJT 18903 b submit to the test will result in suspension of such person's privilege to operate a watercraft for a minimum of 2 years, and the statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1 of the Illinois Vehicle Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder.
The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph 1 of this subsection and the alcohol concentration in the person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of the Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL SB2248 - 38 - LRB096 08771 AJT 18903 b holder, will be imposed.
The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph 1 of this subsection and the alcohol concentration in the person's blood or breath is 0.08 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of the Illinois Vehicle Code, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL SB2248 Engrossed - 38 - LRB096 08771 AJT 18903 b holder, will be imposed.
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 be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the SB2248 - 39 - LRB096 08771 AJT 18903 b 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.
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 be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the SB2248 Engrossed - 39 - LRB096 08771 AJT 18903 b 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.
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 privilege to operate a watercraft within this State will be suspended for a period of 2 years , a statutory summary SB2248 - 40 - LRB096 08771 AJT 18903 b suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 6-208.2 of the Illinois Vehicle Code will be imposed, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder, will be imposed unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.
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 privilege to operate a watercraft within this State will be suspended for a period of 2 years , a statutory summary SB2248 Engrossed - 40 - LRB096 08771 AJT 18903 b suspension of the person's privilege to operate a motor vehicle, as provided in Sections 6-208.1 and 6-208.2 of the Illinois Vehicle Code will be imposed, and a disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder, will be imposed unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.
Whether the person was informed that such person's privilege to operate a watercraft would be suspended if such person refused to SB2248 - 41 - LRB096 08771 AJT 18903 b submit to the chemical test or tests shall not be an issue.
Whether the person was informed that such person's privilege to operate a watercraft would be suspended if such person refused to SB2248 Engrossed - 41 - LRB096 08771 AJT 18903 b submit to the chemical test or tests shall not be an issue.
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 SB2248 - 42 - LRB096 08771 AJT 18903 b 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.
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 SB2248 Engrossed - 42 - LRB096 08771 AJT 18903 b 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.
(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 SB2248 - 43 - LRB096 08771 AJT 18903 b 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.
(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 SB2248 Engrossed - 43 - LRB096 08771 AJT 18903 b 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.
(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 SB2248 - 44 - LRB096 08771 AJT 18903 b of the Department's duties to monitor and enforce any order of suspension or revocation concerning the privilege to operate a watercraft.
(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 SB2248 Engrossed - 44 - LRB096 08771 AJT 18903 b of the Department's duties to monitor and enforce any order of suspension or revocation concerning the privilege to operate a watercraft.
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Action History

  1. Session Sine Die

  2. House Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).

  3. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  4. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  5. Placed on Calendar Order of Concurrence House Amendment(s) 1 - March 9, 2010

  6. Approved for Consideration Assignments

  7. House Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).

  8. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  9. House Committee Amendment No. 1 Motion to Concur Postponed Executive

  10. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  11. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Chris Lauzen

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - October 30, 2009

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Third Reading - Short Debate - Passed 079-033-003

  16. Added Alternate Co-Sponsor Rep. John D'Amico

  17. Added Alternate Co-Sponsor Rep. Keith Farnham

  18. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  19. Added Alternate Co-Sponsor Rep. Jack D. Franks

  20. Added as Chief Co-Sponsor Sen. Edward D. Maloney

  21. Added Alternate Chief Co-Sponsor Rep. Kevin A. McCarthy

  22. Added Alternate Chief Co-Sponsor Rep. Dan Brady

  23. Added Alternate Chief Co-Sponsor Rep. Jim Durkin

  24. Added Alternate Chief Co-Sponsor Rep. James D. Brosnahan

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. Second Reading - Short Debate

  27. Placed on Calendar 2nd Reading - Short Debate

  28. Do Pass as Amended / Short Debate Executive Committee; 011-000-000

  29. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  30. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  31. Assigned to Executive Committee

  32. Final Action Deadline Extended-9(b) November 30, 2009

  33. Rule 19(a) / Re-referred to Rules Committee

  34. Final Action Deadline Extended-9(b) May 31, 2009

  35. Final Action Deadline Extended-9(b) May 29, 2009

  36. Assigned to Executive Committee

  37. Final Action Deadline Extended-9(b) May 22, 2009

  38. Rule 19(a) / Re-referred to Rules Committee

  39. Assigned to Vehicles & Safety Committee

  40. Referred to Rules Committee

  41. First Reading

  42. Chief House Sponsor Rep. Kevin Joyce

  43. Placed on Calendar Order of First Reading

  44. Arrived in House

  45. Third Reading - Passed; 054-001-000

  46. Placed on Calendar Order of 3rd Reading

  47. Senate Floor Amendment No. 1 Adopted; Lauzen

  48. Recalled to Second Reading

  49. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 005-000-000

  50. Placed on Calendar Order of 3rd Reading March 31, 2009

  51. Second Reading

  52. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  53. Senate Floor Amendment No. 1 Referred to Assignments

  54. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Chris Lauzen

  55. Placed on Calendar Order of 2nd Reading March 17, 2009

  56. Do Pass Criminal Law; 007-000-001

  57. Assigned to Criminal Law

  58. Referred to Assignments

  59. First Reading

  60. Filed with Secretary by Sen. Chris Lauzen

Sponsors

  • Chris Lauzen · Cosponsor
  • Jack D. Franks · Cosponsor
  • Keith Farnham · Cosponsor
  • John D'Amico · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 5 co-sponsors · 178 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (5)

  • Chris Lauzen
  • Jack D. Franks
  • Keith Farnham
  • John D'Amico
  • Chapa LaVia

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 79 Yea · 33 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 683005
Democrat 10100
Republican 1201
Total 793306
% of votes cast 67%28%0%5%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Nay
Jakobsson — Yea
Jefferson — Not Voting
Lang — Yea
Senger — Yea
Sente — Yea
Davis, Monique — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flider — Yea
Kosel — Yea
Leitch — Nay
Madigan — Yea
McGuire — Yea
McAuliffe — Yea
Brady — Yea
McCarthy — Yea
Mell — Yea
Moffitt — Nay
Sullivan — Yea
Mulligan — Yea
Burke — Yea
Nekritz — Yea
Gordon, Jehan — Yea
Phelps — Nay
Pihos — Yea
Sommer — Nay
Hannig — Yea
Harris — Yea
Thapedi — Yea
Tryon — Yea
Hernandez — Yea
Verschoore — Nay
Wait — Nay
Washington — Yea
Howard — Yea
Yarbrough — Yea
Zalewski — Yea
Reitz — Nay
Bradley — Nay
Mitchell, Bill — Nay
Mitchell, Jerry — Nay
Watson — Nay
Cavaletto — Nay
Coladipietro — Yea
Colvin — Yea
Connelly — Yea
Coulson — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Eddy — Nay
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Graham — Yea
Hatcher — Yea
Gordon, Careen — Not Voting
Pritchard — Nay
Turner — Not Voting
Cole — Not Voting
Cultra — Nay
Golar — Not Voting
Holbrook — Nay
Jackson — Nay
Osmond — Nay
Osterman — Yea
Poe — Nay
Ramey — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Nay
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Burns — Yea
Mendoza — Yea
McAsey — Yea
Fritchey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Not Voting
Chapin Rose Republican Nay
Chris Miller Republican Yea
Jil Tracy Republican Nay

Official roll call →

Third Reading

Passed 54 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 46102
Democrat 7002
Republican 1000
Total 54104
% of votes cast 92%2%0%7%
How each member voted (59)
Member Party Vote
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
McCarter — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Cullerton — Yea
Meeks — Not Voting
Pankau — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Duffy — Nay
Hendon — Yea
Hultgren — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Not Voting
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Not Voting
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2248 do?
Amends the Illinois Vehicle Code. Provides that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence. Provides that the suspension and revocation of a person's motor vehicle driving privileges and the person's opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence. Changes the definition of "first offender" to include certain offenses and suspensions related to operating a snowmobile or watercraft under the influence. Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to change the definition of "first offender" so that the term has the same meaning as it used in the Illinois Vehicle Code. Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test and must give additional warnings to the person regarding possible driver's license suspension, and requires the court clerk to send notice to the Secretary of State if the person fails to request a hearing or if the court finds against the person. Makes other changes. Effective immediately.
Who sponsors SB 2248?
SB 2248 is sponsored by Chris Lauzen, Jack D. Franks, Keith Farnham, John D'Amico, and Chapa LaVia.
What is the current status of SB 2248?
This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2248?
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