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92_SB1752gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 8, 2002
To the Honorable Members of
The Illinois Senate
92nd General Assembly
I hereby sign Senate Bill 1752, which amends the
Snowmobile Registration and Safety Act and the Boat
Registration and Safety Act to increase the penalty for
causing serious injury to someone while operating a
snowmobile or boat while under the influence of alcohol or
drugs. Senate Bill 1752 also conforms part of the penalty in
these two Acts to the penalty for reckless homicide in the
Criminal Code. However, I would like to bring an issue to
the attention of the General Assembly that I believe should
be addressed.
During the 91st General Assembly, Public Act 91-6 was
enacted and specifically added the operation of a snowmobile,
an all-terrain vehicle and watercraft to the Criminal Code
reckless homicide statute, 720 ILCS 5/9-3. This addition to
reckless homicide made three Acts apply to causing the death
of someone by operating a snowmobile or watercraft while
under the influence. This in turn resulted in a conflict in
the penalty and application between the Criminal Code, the
Snowmobile Registration and Safety Act and the Boat
Registration and Safety Act. I am signing this bill because
Senate Bill 1752 seeks to resolve the conflicts between the
three Acts. However, Senate Bill 1752 does not resolve all
of the conflicts.
Some of the conflicts that remain include the following:
First there are differences in the definition of "under
the influence" between these statutes.
Second, the reckless homicide offense has a higher
penalty of imprisonment if the death of two or more
persons is caused, but there is no such sentencing
difference in the Snowmobile Registration and Safety Act
or the Boat Registration Safety Act.
Third, a conviction for reckless homicide carries
restrictions on the amount of good conduct credit and
meritorious good conduct credit a person is eligible for
while serving a prison sentence. The snowmobile
Registration and Safety Act and the Boat Registration and
Safety Act convictions do not have the same good conduct
credit restrictions.
Fourth, a conviction for reckless homicide prohibits
licensing or employment as a school bus driver or senior
citizen bus driver. Convictions under the other two Acts
do not have the same licensing restrictions.
Fifth, the victim's family in a reckless homicide case
has the right to make an oral statement at the sentencing
hearing. The snowmobile Registration and Safety Act and
the Boat Registration and Safety Act convictions do not
provide that same right. There are several other
consequences for a reckless homicide conviction that are
not covered by convictions under the Snowmobile
Registration and Safety Act or the Boat Registration and
Safety Act.
Therefore, I urge the General Assembly to consider
legislation to remove the provisions of the Snowmobile
Registration and Safety Act and the Boat Registration and
Safety Act that deal with causing the death of a person while
under the influence, since the offense of reckless homicide
provides more complete coverage of this Act. Having
duplicate criminal offenses for the same action is
problematic and should be avoided whenever possible. Thank
you for your consideration of these issues.
With these clarifications, I have signed Senate Bill
1752.
Sincerely,
George H. Ryan
GOVERNOR