2023 Illinois Compiled Statutes › Chapter 625 - VEHICLES › 625 ILCS 45/ - Boat Registration and Safety Act. › Article II - Enforcement - Inspection - Prosecutions

(625 ILCS 45/Art. II heading)
ARTICLE II.  
		ENFORCEMENT - INSPECTION - PROSECUTIONS
(625 ILCS 45/2-1) (from Ch. 95 1/2, par. 312-1)
Sec. 2-1. 
		
		Enforcement.)
It is the duty of all Conservation Police Officers and other employees of
the Department designated by the Director to enforce this Act, and all sheriffs,
deputy sheriffs and other police officers to arrest any person detected in
violation of any of the provisions of this Act.  It is further the duty of
all such officers to make prompt investigation of any violation of the
provisions of this Act reported by any other person, and to cause a
complaint to be filed before the circuit court if there seems just ground
for such complaint and evidence procurable to support the same.
(Source: P.A. 82-783.)
(625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
Sec. 2-2. 
		Inspection; removal; impoundment.
(a) Agents of the Department or other duly
authorized police officers may board and inspect any boat at any time for
the purpose of determining if this Act is being complied with.  If the
boarding officer or agent discovers any violation of this Act, he may issue
a summons to the operator of the boat requiring that the operator appear
before the circuit court for the county within which the offense was committed.
(b) Every vessel subject to this Act, if under way and upon being hailed by
a designated law enforcement officer, must stop immediately and lay to.
(c) Agents of the Department and other duly authorized police officers
may enforce all federal laws and regulations which have been mutually
agreed upon by the federal and state governments and are applicable to the
operation of watercraft on navigable waters and federal impoundments where
concurrent jurisdiction exists between the federal and state governments.
(d) Agents of the Department and other duly authorized police officers
may seize and impound, at the owner's  or operator's expense, any
watercraft involved in  a boating accident or a violation of Section 3A-21,
5-1, 5-2, or 5-16 of this Act.
(e) If a watercraft is causing a traffic hazard because of its position on
a waterway or its physical appearance is causing the impeding of traffic, its
immediate removal from the waterway by a towing service may be authorized by
a law enforcement agency having jurisdiction.
(f) Whenever a peace officer reasonably believes that a person under
arrest for a violation of Section 5-1, 5-2 or 5-16 of this Act or similar
provision of a local ordinance, is likely, upon release, to commit a subsequent
violation of Section 5-1, 5-2 or 5-16 or a similar provision of a local
ordinance, the arresting officer shall have the watercraft which the person was
operating at the time of the arrest impounded for a period of not more than 12
hours after the time of the arrest. The watercraft may be released by the
arresting law enforcement agency without impoundment, or may be released prior
to the end of the impoundment period, however, if:
(1) the watercraft was not owned by the person under     arrest, and the lawful owner requesting release possesses proof of ownership, and would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a watercraft in a safe manner, or (ii) otherwise, by operating the watercraft, be in violation of this Act; or
(2) the watercraft is owned by the person under     arrest, and the person under arrest gives permission to another person to operate the watercraft, and the other person would not, as determined by the arresting law enforcement agency: (i) indicate a lack of ability to operate a watercraft in a safe manner, or (ii) otherwise, by operating the watercraft, be in violation of this Act.
(Source: P.A. 93-156, eff. 1-1-04.)
(625 ILCS 45/2-3) (from Ch. 95 1/2, par. 312-3)
Sec. 2-3. 
		Prosecutions. 
		All prosecutions under the provisions of this Act shall be brought in
the name and by the authority of the People of the State of Illinois before
the circuit court having jurisdiction under the law relative to the
enforcement of the provisions hereof. It is the duty of all State's
Attorneys to enforce the provisions of this Act in their respective
counties, and to prosecute all persons charged with violating the
provisions hereof.
(Source: P.A. 82-783.)
(625 ILCS 45/2-4) (from Ch. 95 1/2, par. 312-4)
Sec. 2-4. 
		Resistance to officers.
(a) It is unlawful for any person to resist or obstruct any officer or
employee of the Department in the discharge of his duties under the
provisions hereof.
(b) It is unlawful for the operator of a watercraft, having been given a
signal by a conservation police officer, sheriff, deputy sheriff, or other
police officer directing the operator of the watercraft to bring the watercraft
to a stop, to willfully fail or refuse to obey the direction, to increase
speed, to extinguish lights, or otherwise flee or attempt to elude the officer.
The signal given by the officer may be by hand, voice, sign, siren, or blue or
red light.
(Source: P.A. 88-524.)
(625 ILCS 45/2-5) (from Ch. 95 1/2, par. 312-5)
Sec. 2-5. 
		False representation. 
		It is unlawful for any person to represent himself falsely to be an
officer or employee of the Department or to assume to act as such without
having been duly appointed and employed as such.
(Source: P.A. 82-783.)