Reckless Boating News
Blagojevich signs law toughening penalties for reckless boatingNew law increases consequences for those responsible for hit and run boating accidents
FOR IMMEDIATE RELEASE
July 21, 2004
SPRINGFIELD - Governor Rod R. Blagojevich today signed legislation
increasing penalties for reckless operation of a watercraft - and for
leaving the scene of a boating accident involving a fatality or
injury. Senate Bill 2164 was introduced following a reported
hit-and-run boating accident on the Fox River in McHenry County last
year in which a man was seriously injured.
"A tough state law that takes aim at reckless boaters is a must.
This will hopefully send a strong message to boaters in Illinois that
we are serious about boating safety," Governor Blagojevich said.
Reckless and careless operation of watercraft is the leading cause
of boating accidents resulting in injuries to boat operators and
passengers in Illinois. Sponsored by Sen. Pamela J. Althoff (R-Crystal
Lake) and Rep. Jack D. Franks (D-Woodstock), SB 2164:
· Increases the penalty for reckless operation
of a watercraft from a Class B misdemeanor to a Class A misdemeanor (6
mos.- one year in jail and/or up to a $2,500 fine).
· Creates the new offense of aggravated
reckless operation of a watercraft for cases in which great bodily harm
or permanent disability or disfigurement results. Aggravated reckless
operation of a watercraft is a Class 4 felony (1-3 years in prison
and/or a fine up to $25,000).
· Failure of a watercraft operator involved in
an accident resulting in a fatality or injury to remain on the scene of
the accident is a Class A misdemeanor.
· Any person who fails to remain on the scene
of an accident must report the accident to the nearest police or
sheriff's office within one hour. Failure to do so is a Class 2 felony
(3-7 years in prison and/or up to a $25,000 fine) if the accident
results in a fatality or a Class 4 felony if the accident does not
result in a death.
· Individuals convicted of reckless operation
of a watercraft or failure to remain on the scene of an accident will
have their boating privileges suspended by the Illinois Department of
Natural Resources for at least one year.
· Individuals operating a watercraft while
their privileges are suspended will be guilty of a Class A misdemeanor
for a first offense and a Class 4 felony for second or subsequent
offenses.
· No one may receive court supervision for an operating under the influence violation more than once.
The Illinois Department of Natural Resources Boating
Accident Report for 2003 indicates careless or reckless operation was
the most frequent cause of boating accidents. Careless or reckless
operation was listed as the primary cause of 14 of the state's 84
boating accidents last year, resulting in 16 injuries and two
fatalities. Other frequently cited primary causes of boating accidents
include operator inattention, alcohol use and hazardous water
conditions. Authorities statewide last year issued 188 citations to
boaters charged with operating under the influence.
"This new law provides penalties for serious safety violations on
the water that mirror offenses found in the Vehicle Code," said Joel
Brunsvold, Director of the Illinois Department of Natural Resources,
which administers the state Boat Registration and Safety Act. "Boat
operators involved in accidents must understand that, if they are able,
they are to aid and assist others injured in the accident and cooperate
with authorities investigating boat accidents."
If you or a loved one has suffered an injury, illness or death as the result of a boating accident, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
