Bill Text: IL HB2727 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Makes changes concerning an operator's duties to stop, give information, and render aid at the scene of a collision, accident, or casualty. Further amends the Boat Registration and Safety Act. Makes changes in Sections concerning: junk watercraft; personal flotation devices; navigation lights; interference with navigation; traffic rules; operating a watercraft under the influence of alcohol or drugs; and the operation of motorboats.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2727 Detail]

Download: Illinois-2019-HB2727-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2727 Introduced , by Rep. Tom Demmer SYNOPSIS AS INTRODUCED:
See Index
Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Makes changes concerning an operator's duties to stop, give information, and render aid at the scene of a collision, accident, or casualty. Further amends the Boat Registration and Safety Act. Makes changes in Sections concerning: junk watercraft; personal flotation devices; navigation lights; interference with navigation; traffic rules; operating a watercraft under the influence of alcohol or drugs; and the operation of motorboats.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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 Snowmobile Registration and Safety Act is
amended by changing Sections 6-1 and 6-2 as follows:
(625 ILCS 40/6-1) (from Ch. 95 1/2, par. 606-1)
Sec. 6-1. Collisions, accidents, and casualties; reports.
A. The operator of a snowmobile involved in a collision,
accident, or other casualty resulting in personal injury to or
death of any person shall immediately stop the snowmobile at
the scene of the accident, or as close thereto as possible,
shall forthwith return to, and in every event shall remain at
the scene of the collision, accident, or other casualty until
the requirements of Section 6-2 have been fulfilled. Every such
stop shall be made without obstructing the right of way of
other snowmobilers or vehicular traffic more than necessary.
For the purposes of this Section, "personal injury" means any
injury requiring immediate professional treatment in a medical
facility or doctor's office , shall render to other persons
affected by this collision, accident, or other casualty such
assistance as may be practicable and as may be necessary in
order to save them from or minimize any danger caused by the
collision, accident, or other casualty, and also shall give his

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name, address, and identification of his snowmobile to any
person injured and to the owner of any property damaged in the
collision, accident, or other casualty.
A-5. Any person who fails to comply with the requirements
of subsection A must, as soon as possible but in no case later
than one-half hour after the collision, accident, or other
casualty, or if hospitalized and incapacitated from reporting
at any time during that period, as soon as possible but in no
case later than one-half hour after being discharged from the
hospital, report: the date, pace, and approximate time of the
collision, accident, or other casualty; the snowmobile
operator's name and address; the registration number of the
snowmobile, if any; and the names of all other occupants of the
snowmobile, at a police station or sheriff's office near the
location where the collision, accident, or other casualty
occurred. A report made as required under this subsection may
not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.
A-10. Any person failing to comply with subsection A-5 is
guilty of a Class 4 felony if the collision, accident, or other
casualty does not result in the death of any person. Any person
failing to comply with subsection A-5 when the collision,
accident, or other casualty results in the death of any person
is guilty of a Class 2 felony, for which the person, 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.

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B. In the case of collision, accident, or other casualty
involving the operation of a snowmobile, the operator thereof,
if the collision, accident, or other casualty results in death
or injury to a person or damage to property in excess of $750,
shall file with the Department a full description of the
collision, accident, or other casualty, including such
information as the Department may, by regulation, require.
Reports of such accidents must be filed with the Department on
a Department Accident Report form within 5 days.
C. Reports of accidents resulting in personal injury, where
a person sustains an injury requiring medical attention beyond
first aid wherein a person is incapacitated for a period
exceeding 72 hours, must be filed with the Department on a
Department Accident Report form within 5 days. Accidents which
result in loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental reports
are without prejudice to the individual so reporting, and are
for the confidential use of the Department, except that the
Department may disclose the identity of a person involved in an
accident when such identity is not otherwise known or when such
person denies his presence at such accident. No such report may
be used as evidence in any trial, civil or criminal, arising
out of an accident, except that the Department must furnish
upon demand of any person who has or claims to have made such a
report, or upon demand of any court, a certificate showing that

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a specified accident report has or has not been made to the
Department, solely to prove a compliance or a failure to comply
with the requirements that such a report be made to the
Department.
(Source: P.A. 92-174, eff. 7-26-01.)
(625 ILCS 40/6-2) (from Ch. 95 1/2, par. 606-2)
Sec. 6-2. Duty to give information and render aid Owner's
and Operator's Responsibility.
(a) The operator of any snowmobile involved in a collision,
accident, or other casualty resulting in injury to or death of
any person or damage to any snowmobile that is operated or
attended by any person shall: The owner and any operator of a
snowmobile are jointly and severally liable for any injury or
damage occasioned by the operation of such snowmobile.
(1) give the operator's name, address, and
registration identification number and the name of owner of
the snowmobile the operator is operating;
(2) upon request and if available, exhibit the
operator's driver's license or other identification to the
person struck or the operator or occupant of or person
attending any snowmobile collided with; and
(3) render to any person injured in the collision,
accident, or other casualty reasonable assistance,
including the carrying or the making of arrangements for
the carrying of an injured person to a physician, surgeon,

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or hospital for medical or surgical treatment, if it is
apparent that such treatment is necessary or if the
carrying is requested by the injured person.
(b) If none of the persons entitled to information pursuant
to this Section is in a condition to receive and understand
such information and no police officer is present, the operator
after rendering reasonable assistance shall forthwith report
the collision, accident, or other casualty at the nearest
office of a duly authorized police authority, disclosing the
information required by this Section.
(c) Any person failing to comply with this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 77-1312.)
Section 10. The Boat Registration and Safety Act is amended
by changing Sections 3A-19, 4-1, 4-2, 5-3, 5-13, 5-16, 5-18,
6-1, and 6-2 as follows:
(625 ILCS 45/3A-19) (from Ch. 95 1/2, par. 313A-19)
Sec. 3A-19. Scrapping, junking or destroying a watercraft.
(a) As used in this Section, "junk watercraft" means a
vessel that has been or is being disassembled, crushed,
compressed, flattened, destroyed, or otherwise reduced to a
state in which it no longer can be returned to an operable
state, or has been branded or assigned as junk or a similar
designation by another state or jurisdiction.

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(b) An owner who scraps, junks, destroys, or possesses a
junk watercraft, or a person who purchases a watercraft as
scrap or as a watercraft to be junked or destroyed, shall
surrender within 15 days the certificate of title to be mailed
or delivered to the Department of Natural Resources.
(c) If an insurance company makes a payment of damages on a
total loss claim for a watercraft, the insurance company shall
be deemed to be the owner of the watercraft and the watercraft
shall be considered to be junk. The insurance company shall
surrender within 20 days the certificate of title to be mailed
or delivered to the Department of Natural Resources.
As used in this subsection, "total loss" means the
watercraft sustained damage by collision, fire, theft, rust
corrosion, or other means so that the cost of repairing the
damage, including labor, would be greater than 33 1/3% of its
fair market value without the damage.
An insurer that surrendered a certificate of title for
payment on a total loss vessel claim due to theft may make
application for a new certificate of title if:
(1) the vessel is later recovered and incurred only
minor damage that does not affect the operational safety of
the watercraft;
(2) the damages incurred initially to the watercraft
would not have caused the watercraft to be declared a total
loss by the insurer;
(3) the insurer makes application for a certificate of

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title and provides affirmation under penalty of perjury to
the Department that the vessel did not incur damages that
affect the watercraft's operational safety; and
(4) the insurer submits any photographs required by the
Department of Natural Resources.
(d) A watercraft sold without a certificate of title at
auction or sale shall be deemed junk if transfer of ownership
occurred due to payment for a "total loss" insurance claim to
the registered owner.
(e) A certificate of title shall not again be issued for a
watercraft deemed junk, except as provided in subsection (c).
(f) Any person who, without authority, knowingly sells,
exchanges, transfers, or offers to sell, exchange, or transfer
a certificate of title to any watercraft that is a junk
watercraft is guilty of a Class 3 felony.
(g) Any person who knowingly fails to surrender to the
Department of Natural Resources a certificate of title,
certificate of purchase, or a similarly acceptable
out-of-state document of ownership as required under this
Section is guilty of a Class A misdemeanor for a first offense
and a Class 4 felony for a second or subsequent offense.
(h) Any watercraft that is deemed a junk watercraft may not
be operated on the waters of this State. A violation of this
subsection is a Class A misdemeanor.
An owner who scraps, junks or destroys a watercraft, or a
person who purchases a watercraft as scrap or as a watercraft

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to be junked or destroyed shall immediately cause the
certificate of title to be mailed or delivered to the
Department of Natural Resources, and a certificate of title
shall not again be issued for such watercraft. Upon receipt of
the certificate of title, the Department shall cancel the
certificate.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
Sec. 4-1. Personal flotation devices.
A. No person may operate a watercraft unless at least one
wearable U.S. Coast Guard approved PFD for each person is on
board, so placed as to be readily available for each person.
B. No person may operate a personal watercraft or specialty
prop-craft unless each person aboard is wearing a PFD approved
by the United States Coast Guard. No person on board a personal
watercraft shall use an inflatable PFD in order to meet the PFD
requirements of subsection A of this Section.
C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one readily
accessible United States Coast Guard approved throwable PFD is
on board.
D. (Blank).
E. When assisting a person on water skis, aquaplane or
similar device, there must be one wearable United States Coast
Guard approved PFD on board the watercraft for each person

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being assisted or towed or worn by the person being assisted or
towed.
F. No person may operate a watercraft unless each device
required by this Section is:
1. in serviceable condition;
2. identified by a label bearing a description and
approval number demonstrating that the device has been
approved by the United States Coast Guard;
3. of the appropriate size for the person for whom it
is intended;
4. in the case of a wearable PFD, readily accessible
aboard the watercraft;
5. in the case of a throwable PFD, immediately
available for use;
6. out of its original packaging; and
7. not stowed under lock and key.
G. Approved personal flotation devices are defined as a
device that is approved by the United States Coast Guard under
Title 46 CFR Part 160.
H. (Blank).
H-5. An approved and appropriate-sized United States Coast
Guard PFD shall be worn by each person under the age of 13
while in tow.
I. No person may operate a watercraft under 26 feet in
length unless an approved and appropriate sized United States
Coast Guard personal flotation device is being properly worn by

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each person under the age of 13 on board the watercraft at all
times in which the watercraft is underway; however, this
requirement shall not apply to persons who are below decks or
in totally enclosed cabin spaces. The provisions of this
subsection I shall not apply to a person operating a watercraft
on an individual's private property.
J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing shell,
racing scull, racing canoe, or racing kayak is participating in
an event sanctioned by the Department as a PFD optional event.
The Department may adopt rules to implement this subsection.
(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
(625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
Sec. 4-2. Navigation lights Lights.
A. Watercraft subject to this Section shall be divided into
classes as follows: It is unlawful to operate any vessel less
than 39 feet in length unless the following lights are carried
and displayed when underway from sunset to sunrise:
1. Class 1: Less than 16 feet in length. A bright,
white light after to show all around the horizon, visible
for a distance of 2 miles. The word "visible" as used
herein means visible on a dark night with clear atmosphere.
2. Class 2: 16 feet or over and less than 26 feet in
length. A combination light in the forepart of the boat

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lower than the white light after, showing green to
starboard and red to port, so fixed as to throw a light
from dead ahead to 2 points abaft the beam on their
respective sides and visible for a distance of not less
than 1 mile.
3. Class 3: 26 feet or over and less than 40 feet in
length. Lights under International Rules may be shown as an
alternative to the above requirements.
4. Class 4: 40 feet or over and not more than 65 feet
in length.
B. Every motorboat, in all weather from sunset to sunrise,
shall carry and exhibit the following United States Coast Guard
approved lights when underway and, during such time, no other
lights that may be mistaken for or interfere with those
prescribed shall be exhibited: Watercraft propelled by
muscular power when underway shall carry on board from sunset
to sunrise, but not fixed to any part of the boat, a lantern or
flashlight capable of showing a white light visible all around
the horizon at a distance of 2 miles or more, and shall display
such lantern in sufficient time to avoid collision with another
watercraft.
(1) A Class 1 or Class 2 motorboat shall carry the
following lights:
(a) A bright white light aft to show all around the
horizon.
(b) A combined light in the fore part of the

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watercraft and lower than the white light aft, showing
green to starboard and red to port, so fixed as to
throw the light from right ahead to 2 points (22.5
degrees) abaft the beam on their respective sides.
(2) A Class 3 or Class 4 motorboat shall carry the
following lights:
(a) A bright white light in the fore part of the
watercraft as near the stem as practicable, so
constructed as to show the unbroken light over an arc
of the horizon of 20 points (225 degrees) of the
compass, so fixed as to throw the light 10 points
(112.5 degrees) on each side of the watercraft, namely,
from right ahead to 2 points (22.5 degrees) abaft the
beam on either side.
(b) A bright white light aft, mounted higher than
the white light forward, to show all around the
horizon.
(c) On the starboard side, a green light so
constructed as to show an unbroken light over an arc of
the horizon of 10 points (112.5 degrees) of the
compass, so fixed as to throw the light from right
ahead to 2 points (22.5 degrees) abaft the beam on the
starboard side. On the port side, a red light so
constructed as to show an unbroken light over an arc of
the horizon of 10 points (112.5 degrees) of the
compass, so fixed as to throw the light from right

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ahead to 2 points (22.5 degrees) abaft the beam on the
port side. The side lights shall be fitted with inboard
screens so set as to prevent these lights from being
seen across the bow.
(3) A Class 1 or Class 2 Motorboat propelled by sail
alone shall exhibit the combined light prescribed by
paragraph (1) and a 12-point (135 degrees) white light aft.
A Class 3 or Class 4 Motorboat, when so propelled, shall
exhibit the colored side lights, suitably screened as
prescribed by paragraph (2) and a 12-point (135 degrees)
white light aft.
(4) Every white light prescribed by this Section shall
be of such character as to be visible at a distance of at
least 2 miles. Every colored light prescribed by this
Section shall be of such character as to be visible at a
distance of at least one mile. As used in this subsection
"visible", when applied to lights, means visible on a dark
night with clear atmosphere.
(5) If propelled by sail and machinery, a motorboat
shall carry the lights required by this Section for a
motorboat propelled by machinery only.
(6) All other watercraft over 65 feet in length and
those propelled solely by wind effect on the sail shall
display lights prescribed by federal regulations.
C. Manually propelled watercraft shall carry, ready at
hand, a lantern or flashlight showing a white light that shall

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be exhibited in sufficient time to avert collision. Manually
propelled watercraft used on the waters of this State where
power-driven watercraft are prohibited are exempt from the
provisions of this Section. Every vessel 39 feet or more in
length shall carry and display when underway such additional or
alternate lights as shall be required by the U. S. Coast Guard
for watercraft of equivalent length and type.
D. Any watercraft may carry and exhibit the lights required
by the international rules in lieu of the lights required by
subsection B of this Section. Sailboats equipped with motors
and being propelled partly or solely by such motors shall carry
and display the same lights required for motorboats of the same
class. Sailboats being propelled entirely by sail between
sunset and sunrise shall have lighted the combination running
light, and a white light visible aft only. Sailboats 26 feet or
more in length, equipped with motors but being propelled
entirely by sail between sunset and sunrise, shall have lighted
the colored side lights suitably screened, but not the white
lights prescribed for motorboats.
E. All watercraft, when anchored, other than in a special
anchorage area, shall, from sunset to sunrise, carry and
display a steady white light visible all around the horizon for
a distance of no less than 2 miles. Dinghies, tenders and other
watercraft, whose principal function is as an auxiliary to
other larger watercraft, when so operating need carry only a
flashlight visible to other craft in the area, anything in this

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section to the contrary notwithstanding.
F. (Blank). Vessels at anchor between the hours of sunset
and sunrise, except those in a "Special Anchorage Area", shall
display such anchor lights as shall be required by the U. S.
Coast Guard for watercraft of equivalent length and type.
G. (Blank). Watercraft operated manually or by motor which
are located on bodies of water where motors of over 7 1/2
horsepower are prohibited must be equipped during the hours
between sunset and sunrise with a lantern or flashlight which
is capable of showing a beam for 2 miles, anything in this
Section to the contrary notwithstanding.
(Source: P.A. 88-524.)
(625 ILCS 45/5-3) (from Ch. 95 1/2, par. 315-3)
Sec. 5-3. Interference with navigation.
(a) No person shall operate any watercraft in a manner
which unreasonably or unnecessarily interferes with other
watercraft or with the free and proper navigation of the
waterways of the State. Anchoring under bridges or in heavily
traveled channels constitutes such interference if
unreasonable under the prevailing circumstances.
(b) A vessel engaged in fishing shall not impede the
passage of any other vessel navigating within a narrow channel
or canal.
(c) A vessel nearing a bend or an area of a narrow channel
or canal where other vessels may be obscured by an intervening

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obstruction shall navigate with alertness and caution and shall
sound the appropriate audible signal.
(d) A vessel shall avoid anchoring in a narrow channel,
under bridges, or in heavily traveled channels or canals, if
unreasonable under the prevailing circumstances.
(Source: P.A. 82-783.)
(625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
Sec. 5-13. Traffic rules.
A. The area straight ahead of a vessel to the point that is
22.5 degrees beyond the middle of the vessel on the starboard
side of the watercraft shall be designated the danger zone. An
operator of a watercraft shall yield the right of way to any
other watercraft occupying or entering into the danger zone
that may result in collision. Passing. When 2 boats are
approaching each other "head on" or nearly so (so as to involve
risk of collision), each boat must bear to the right and pass
the other boat on its left side.
A-5. Head-on situation.
(1) If 2 power-driven vessels are meeting head-on or nearly
head-on courses so as to involve risk of collision, each shall
alter course to starboard so that each shall pass on the port
side of the other.
(2) A vessel proceeding along the course of a narrow
channel or canal shall keep as near to the outer limit of the
channel or canal that lies on the starboard side as is safe and

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practicable.
(3) A power-driven vessel operating in narrow channels and
proceeding downstream shall have the right of way over a vessel
proceeding upstream. The vessel proceeding upstream shall
yield as necessary to permit safe passing.
B. Crossing. When boats approach each other obliquely or at
right angles, the boat approaching on the right side has the
right of way.
(1) If 2 power-driven vessels are crossing so as to involve
the risk of collision, the vessel that has the other on the
starboard side shall keep out of the way and shall avoid
crossing ahead of the other vessel.
(2) A power-driven vessel crossing a river shall keep out
of the way of a power-driven vessel ascending or descending the
river.
(3) A vessel may not cross a narrow channel or canal if the
crossing impedes the passage of a vessel that can only safely
navigate within the channel or canal.
C. Overtaking. One boat may overtake another on either side
but must grant right of way to the overtaken boat.
(1) A vessel overtaking any other shall give way to the
vessel being overtaken.
(2) If a vessel operator is in doubt as to whether he or
she is overtaking another vessel, the operator shall assume
that is the case and act accordingly.
(3) Any subsequent alteration of the bearing between the 2

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vessels shall not make the overtaking vessel a crossing vessel
within the meaning of this Section or relieve the overtaking
operator of the duty of keeping clear of the overtaken vessel
until finally past and clear.
(4) In a narrow channel or canal when overtaking, the
operator of a power-driven vessel intending to overtake another
power-driven vessel shall proceed to pass safety only after
indicating his or her intention by sounding the horn as
follows:
(a) one short blast from the horn signifies a request
to pass on the overtaken vessel's starboard side;
(b) 2 short blasts from horn signifies a request to
pass on the overtaken vessel's port side.
(5) The operator of the power-driven vessel being overtaken
shall:
(a) acknowledge the request by sounding the same
signal; or
(b) sound 5 short blasts to indicate danger or do not
pass.
No response from the overtaken vessel shall be interpreted
as an indication of danger and the same as if 5 short blasts
were sounded.
In the absence of an audible signal or horn, a light signal
device utilizing the appropriate number of rapid bursts of
light may be used.
D. Sailing vessels.

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(1) The operator of a power-driven vessel shall yield the
right of way to any non-powered or sailing vessel unless the
non-powered vessel is overtaking the power-driven vessel or
Sailboats and Rowboats. When a motorboat is approaching a boat
propelled solely by sails or oars, the motorboat must yield the
right of way to the sailboat or rowboat except, when a large
craft is navigating in a confined channel, the large craft has
the right of way over a boat propelled solely by oars or sails.
(2) If 2 sailing vessels are approaching one another, so as
to involve risk of collision, one of them shall keep out of the
way of the other as follows:
(a) If each has the wind on a different side, the
vessel that has the wind on the port side shall give way to
the other vessel.
(b) If both have the wind on the same side, the vessel
that is to windward shall give way to the vessel that is to
leeward.
(c) If a vessel with the wind on the port side sees a
vessel to windward and cannot determine with certainty
whether the other vessel has the wind on the port or
starboard side, the vessel shall give way to the other
vessel.
(3) As used in this subsection, "windward side" means the
side opposite to that on which the mainsail is carried or, in
the case of a square-rigged vessel, the side opposite to that
on which the largest fore-and-aft sail is carried.

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(Source: P.A. 82-783.)
(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 the such person's
blood, other bodily substance, or breath is 0.08 or more
based on the definition of blood and breath units described
under Section 11-501.2 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 the 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 operating any
watercraft;
(d) Under the combined influence of alcohol, and any
other drug or drugs, or intoxicating compound or compounds
to a degree that which renders the such person incapable of

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safely operating any a watercraft;
(d-1) The person has, within 2 hours of operating or
being in actual physical control of a watercraft, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of the Illinois
Vehicle Code. Subject to all other requirements and
provisions under this Section, this paragraph does not
apply to the lawful consumption of cannabis by a qualifying
patient licensed under the Compassionate Use of Medical
Cannabis Pilot Program Act who is in possession of a valid
registry card issued under that Act, unless that person is
impaired by the use of cannabis;
(d-3) (Blank); The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
(d-5) (Blank); or The person who is a CDL holder has
any amount of a drug, substance, or compound in the
person's breath, blood, other bodily substance, or urine
resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act; or
(e) There is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or

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consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection 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,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, 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) The person He or she 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 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

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less than one year nor more than 12 years; or
(c) The offense occurred during a period in which the
person's 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, 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.

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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 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

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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, other bodily substance, 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 or other bodily substance 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. Up to 2
additional tests of urine or other bodily substance 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

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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 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, other bodily substance, or
urine for the purpose of determining the alcohol content or the
presence of any other drug, intoxicating compound, or

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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 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

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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 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

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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 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 is a CDL holder and 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, other bodily substance, 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, methamphetamine as listed
in the Methamphetamine Control and Community Protection Act, or
an intoxicating compound listed in the Use of Intoxicating
Compounds Act, the law enforcement officer shall immediately

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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 or any amount of a drug,
substance or intoxicating compound in the person's breath,
blood, other bodily substance, 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, methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating
Compounds Act. If the person is not a CDL holder and submits to
a test that discloses an alcohol concentration of 0.08 or more,
a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance or intoxicating
compound in the person's breath, blood, other bodily substance,
or urine resulting from the unlawful use of a controlled
substance listed in the Illinois Controlled Substances Act,
methamphetamine as listed in the Methamphetamine Control and
Community Protection 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,

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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, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance or intoxicating
compound in the person's breath, blood, other bodily substance,
or urine resulting from the unlawful use of a controlled
substance listed in the Illinois Controlled Substances Act,
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act, or an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
In cases involving a person who is a CDL holder 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, methamphetamine, or an
intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, 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. In cases involving a person who is not a CDL
holder where the blood alcohol concentration of 0.08 or
greater, a tetrahydrocannabinol concentration in the person's
whole blood or other bodily substance as defined in paragraph 6

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of subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of drug, substance, or compound resulting
from the unlawful use of a controlled substance,
methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, 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.
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, other drug or drugs, intoxicating
compound or compounds, or combination thereof, the
concentration of alcohol, drug, or compound in the person's
blood, other bodily substance, 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) and subsection

HB2727 - 33 - LRB101 09269 TAE 54363 b
(b-5) 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, other drug or drugs, intoxicating
compound or compounds, or a combination thereof.
(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.
(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.

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(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.
(Source: P.A. 99-697, eff. 7-29-16.)
(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
Sec. 5-18. (a) No Beginning on January 1, 2016, no person
born on or after January 1, 1998, unless exempted by subsection
(i), shall operate a motorboat with over 10 horse power unless
that person has a valid Boating Safety Certificate issued by
the Department of Natural Resources or an entity or
organization recognized and approved by the Department.
(b) No person under 10 years of age may operate a
motorboat.
(c) A person Prior to January 1, 2016, persons at least 10
years of age and less than 12 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age designated by a
parent or guardian. Beginning on January 1, 2016, persons at
least 10 years of age and less than 12 years of age may operate
a motorboat with over 10 horse power only if the person is
under the direct on-board supervision of a parent or guardian
who meets the requirements of subsection (a) or a person at
least 18 years of age who meets the requirements of subsection

HB2727 - 35 - LRB101 09269 TAE 54363 b
(a) and is designated by a parent or guardian.
(d) A person Prior to January 1, 2016, persons at least 12
years of age and less than 18 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age designated by a
parent or guardian, or the motorboat operator is in possession
of a Boating Safety Certificate issued by the Department of
Natural Resources, Division of Law Enforcement, authorizing
the holder to operate motorboats. Beginning on January 1, 2016,
persons at least 12 years and less than 18 years of age may
operate a motorboat with over 10 horse power only if the person
meets the requirements of subsection (a) or is under the direct
on-board supervision of a parent or guardian who meets the
requirements of subsection (a) or a person at least 18 years of
age who meets the requirements of subsection (a) and is
designated by a parent or guardian.
(e) The Beginning January 1, 2016, the owner of a motorboat
or a person given supervisory authority over a motorboat shall
not permit a motorboat with over 10 horse power to be operated
by a person who does not meet the Boating Safety Certificate
requirements of this Section.
(f) Licensed boat liveries shall offer abbreviated
operating and safety instruction covering core boat safety
rules to all renters, unless the renter can demonstrate
compliance with the Illinois Boating Safety Certificate

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requirements of this Section, or is exempt under subsection (i)
of this Section. A person who completes abbreviated operating
and safety instruction may operate a motorboat rented from the
livery providing the abbreviated operating and safety
instruction without having a Boating Safety Certificate for up
to one year from the date of instruction. The Department shall
adopt rules to implement this subsection.
(g) Violations.
(1) A person who is operating a motorboat with over 10
horse power and is required to have a valid Boating Safety
Certificate under the provisions of this Section shall
present the certificate to a law enforcement officer upon
request. Failure of the person to present the certificate
upon request is a petty offense.
(2) A person who provides false or fictitious
information in an application for a Boating Safety
Certificate; or who alters, forges, counterfeits, or
falsifies a Boating Safety Certificate; or who possesses a
Boating Safety Certificate that has been altered, forged,
counterfeited, or falsified is guilty of a Class A
misdemeanor.
(3) A person who loans or permits his or her Boating
Safety Certificate to be used by another person or who
operates a motorboat with over 10 horse power using a
Boating Safety Certificate that has not been issued to that
person is guilty of a Class A misdemeanor.

HB2727 - 37 - LRB101 09269 TAE 54363 b
(4) A violation of this Section done with the knowledge
of a parent or guardian shall be deemed a violation by the
parent or guardian and punishable under Section 11A-1.
(h) The Department of Natural Resources shall establish a
program of instruction on boating safety, laws, regulations and
administrative laws, and any other subject matter which might
be related to the subject of general boat safety. The program
shall be conducted by instructors certified by the Department
of Natural Resources. The course of instruction for persons
certified to teach boating safety shall be not less than 8
hours in length, and the Department shall have the authority to
revoke the certification of any instructor who has demonstrated
his inability to conduct courses on the subject matter. The
Department of Natural Resources shall develop and provide a
method for students to complete the program online. Students
satisfactorily completing a program of not less than 8 hours in
length shall receive a certificate of safety from the
Department of Natural Resources. The Department may cooperate
with schools, online vendors, private clubs and other
organizations in offering boating safety courses throughout
the State of Illinois.
The Department shall issue certificates of boating safety
to persons 10 years of age or older successfully completing the
prescribed course of instruction and passing such tests as may
be prescribed by the Department. The Department may charge each
person who enrolls in a course of instruction a fee not to

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exceed $5. If a fee is authorized by the Department, the
Department shall authorize instructors conducting such courses
meeting standards established by it to charge for the rental of
facilities or for the cost of materials utilized in the course.
Fees retained by the Department shall be utilized to defray a
part of its expenses to operate the safety and accident
reporting programs of the Department.
(i) A Boating Safety Certificate is not required by:
(1) a person who possesses a valid United States Coast
Guard commercial vessel operator's license or a marine
certificate issued by the Canadian government;
(2) a person employed by the United States, this State,
another state, or a subdivision thereof while in
performance of his or her official duties;
(3) a person over the age of 12 years who is not a
resident, is temporarily using the waters of this State for
a period not to exceed 90 days, and meets any applicable
boating safety education requirements of his or her state
of residency or possesses a Canadian Pleasure Craft
Operator's Card;
(4) a person who is a resident of this State who has
met the applicable boating safety education requirements
of another state or possesses a Canadian Pleasure Craft
Operator's Card;
(5) a person who has assumed operation of the motorboat
due to the illness or physical impairment of the operator,

HB2727 - 39 - LRB101 09269 TAE 54363 b
and is returning the motorboat or personal watercraft to
shore in order to provide assistance or care for that
operator;
(6) a person who is registered as a commercial
fisherman or a person who is under the onboard direct
supervision of the commercial fisherman while operating
the commercial fisherman's vessel;
(7) a person who is serving or has qualified as a
surface warfare officer or enlisted surface warfare
specialist in the United States Navy;
(8) a person who has assumed operation of the motorboat
for the purpose of completing a watercraft safety course
approved by the Department, the U.S. Coast Guard, or the
National Association of State Boating Law Administrators;
(9) (blank); a person using only an electric motor to
propel the motorboat;
(10) (blank); a person operating a motorboat on private
property;
(11) a person over the age of 12 years who holds a
valid certificate issued by another state, a province of
the Dominion of Canada, the United States Coast Guard
Auxiliary or the United States Power Squadron need not
obtain a certificate from the Department if the course
content of the program in such other state, province or
organization substantially meets that established by the
Department under this Section. A certificate issued by the

HB2727 - 40 - LRB101 09269 TAE 54363 b
Department or by another state, province of the Dominion of
Canada or approved organization shall not constitute an
operator's license, but shall certify only that the student
has successfully passed a course in boating safety
instruction; or
(12) a person who is temporarily using the waters of
this State for the purpose of participating in a boat
racing event sanctioned by the Department of Natural
Resources or authorized federal agency. The organizer or
holder of the sanctioned event shall possess liability
insurance for property damage and bodily injury or death
with a minimum benefit of $1,000,000 that shall remain in
effect through the entirety of the event.
(j) The Department of Natural Resources shall adopt rules
necessary to implement this Section. The Department of Natural
Resources shall consult and coordinate with the boating public,
professional organizations for recreational boating safety,
and the boating retail, leasing, and dealer business community
in the adoption of these rules.
(Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15; 99-526,
eff. 7-8-16.)
(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
Sec. 6-1. Collisions, accidents, and casualties; reports.
A. The operator of a vessel involved in a collision,
accident, or other casualty, resulting in personal injury to or

HB2727 - 41 - LRB101 09269 TAE 54363 b
death of any person shall immediately stop the vessel at the
scene of the accident, or as close thereto as possible, shall
forthwith return to, and in every event shall remain at the
scene of the collision, accident, or other casualty until the
requirements of Section 6-2 have been fulfilled. Every such
stop shall be made without obstructing navigation more than
necessary. so far as he can without serious danger to his own
vessel, crew, passengers and guests, if any, shall render to
other persons affected by the collision, accident, or other
casualty assistance as may be practicable and as may be
necessary in order to save them from or minimize any danger
caused by the collision, accident, or other casualty, and also
shall give his name, address, and identification of his vessel
to any person injured and to the owner of any property damaged
in the collision, accident, or other casualty.
If the collision, accident, or other casualty has resulted
in the death of or personal injury to any person, failure to
comply with this subsection A is a Class A misdemeanor.
A-1. Any person who has failed to stop or to comply with
the requirements of subsection A must, as soon as possible but
in no case later than one-half one hour after the collision,
accident, or other casualty, or, if hospitalized and
incapacitated from reporting at any time during that period, as
soon as possible but in no case later than one-half one hour
after being discharged from the hospital, report the date,
place, and approximate time of the collision, accident, or

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other casualty, the watercraft operator's name and address, the
identification number of the watercraft, if any, and the names
of all other occupants of the watercraft, at a police station
or sheriff's office near the location where the collision,
accident, or other casualty occurred. A report made as required
under this subsection A-1 may not be used, directly or
indirectly, as a basis for the prosecution of any violation of
subsection A.
A-2. Any person arrested for violating this Section may be
subject to chemical testing of his or her blood, breath, other
bodily substance, or urine for the presence of alcohol, other
drug or drugs, intoxicating compound or compounds, or any
combination thereof, as provided in Section 5-16c, if the
testing occurs within 12 hours of the time of the occurrence of
the collision, accident, or other casualty that led to the
arrest. The person's watercraft operation privileges are
subject to a statutory summary suspension under Section 5-16c,
if the person fails testing, or statutory summary revocation
under Section 5-16c, if the person refuses to undergo testing.
For purposes of As used in this Section, "personal injury"
means any injury requiring immediate professional treatment in
a medical facility or doctor's office treatment beyond first
aid.
A-3. Any person failing to comply with this subsection A-1
is guilty of a Class 4 felony if the collision, accident, or
other casualty does not result in the death of any person. Any

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person failing to comply with this subsection A-1 when the
collision, accident, or other casualty results in the death of
any person is guilty of a Class 2 felony, for which the person,
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.
B. In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or other casualty results in death or injury to a person or
damage to property in excess of $2000, or there is a complete
loss of the vessel, shall file with the Department a full
description of the collision, accident, or other casualty,
including information as the Department may by regulation
require. Reports of the accidents must be filed with the
Department on a Department Accident Report form within 5 days.
C. Reports of accidents resulting in personal injury, where
a person sustains an injury requiring medical attention beyond
first aid, must be filed with the Department on a Department
Accident Report form within 5 days. Accidents that result in
loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental reports
are without prejudice to the individual reporting, and are for
the confidential use of the Department, except that the
Department may disclose the identity of a person involved in an
accident when the identity is not otherwise known or when the
person denies his presence at the accident. No report to the

HB2727 - 44 - LRB101 09269 TAE 54363 b
Department may be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the
Department must furnish upon demand of any person who has or
claims to have made a report or upon demand of any court a
certificate showing that a specified accident report has or has
not been made to the Department solely to prove a compliance or
a failure to comply with the requirements that a report be made
to the Department.
E. (1) Every coroner or medical examiner shall on or before
the 10th day of each month report in writing to the Department
the circumstances surrounding the death of any person that has
occurred as the result of a boating accident within the
examiner's jurisdiction during the preceding calendar month.
(2) Within 6 hours after a death resulting from a
boating accident, but in any case not more than 12 hours
after the occurrence of the boating accident, a blood
specimen of at least 10 cc shall be withdrawn from the body
of the decedent by the coroner or medical examiner or by a
qualified person at the direction of the physician. All
morticians shall obtain a release from the coroner or
medical examiner prior to proceeding with embalming any
body coming under the scope of this Section. The blood so
drawn shall be forwarded to a laboratory approved by the
Department of State Police for analysis of the alcoholic
content of the blood specimen. The coroner or medical
examiner causing the blood to be withdrawn shall be

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notified of the results of each analysis made and shall
forward the results of each analysis to the Department. The
Department shall keep a record of all examinations to be
used for statistical purposes only. The cumulative results
of the examinations, without identifying the individuals
involved, shall be disseminated and made public by the
Department.
(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
(625 ILCS 45/6-2) (from Ch. 95 1/2, par. 316-2)
Sec. 6-2. Duty to give information and render aid.
Operator's responsibility.
(a) The operator of a watercraft involved in a collision,
accident, or other casualty resulting in injury to or death of
a person or damage to a vessel that is operated or attended by
a person shall: The operator of a watercraft is liable for any
injury or damage occasioned by the negligent operation of such
watercraft, whether such negligence consists of a violation of
the provisions of the Statutes of this State, or in the failure
to observe such ordinary care in such operation as the rules of
the common law require.
(1) give the operator's name, address, and
registration identification number and the name of the
owner of the vessel the operator is operating;
(2) upon request and if available, exhibit his or her
driver's license or other identification to the person

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struck or the operator or occupant of or person attending
any vessel collided with; and
(3) render to any person injured in the collision,
accident, or other casualty reasonable assistance,
including the carrying or the making of arrangements for
the carrying of the person to a physician, surgeon, or
hospital for medical or surgical treatment, if it is
apparent that such treatment is necessary or if the
carrying is requested by the injured person.
(b) If none of the persons entitled to information pursuant
to this Section is in a condition to receive and understand
such information and no police officer is present, the
operator, after rendering reasonable assistance, shall
forthwith report the collision, accident, or other casualty at
the nearest office of a duly authorized police authority,
disclosing the information required by this Section.
(c) Any person failing to comply with this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 82-783.)
HB2727 - 47 - LRB101 09269 TAE 54363 b
INDEX
Statutes amended in order of appearance