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91_HB0630ham003
LRB9103493KSgcam02
1 AMENDMENT TO HOUSE BILL 630
2 AMENDMENT NO. . Amend House 630 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 2-118.1, 6-113, 6-118, 6-203.1, 6-206,
6 6-206.1, 6-208, 6-208.1, 6-303, 11-500, 11-501, 11-501.1, and
7 11-501.5 and adding Section 1-129.1 as follows:
8 (625 ILCS 5/1-129.1 new)
9 Sec. 1-129.1. Ignition interlock device. A device
10 installed in a motor vehicle that prevents the vehicle from
11 starting or operating until the device has analyzed the
12 driver's breath and ascertained that the driver's blood
13 alcohol is below a certain preset level.
14 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
15 Sec. 2-118.1. Opportunity for hearing; statutory summary
16 alcohol or other drug related suspension.
17 (a) A statutory summary suspension of driving privileges
18 under Section 11-501.1 or 11-501.5 shall not become effective
19 until the person is notified in writing of the impending
20 suspension and informed that he may request a hearing in the
21 circuit court of venue under paragraph (b) of this Section
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1 and the statutory summary suspension shall become effective
2 as provided in Section 11-501.1 or 11-501.5.
3 (b) Within 90 days after the notice of statutory summary
4 suspension served under Section 11-501.1 or 11-501.5, the
5 person may make a written request for a judicial hearing in
6 the circuit court of venue. The request to the circuit court
7 shall state the grounds upon which the person seeks to have
8 the statutory summary suspension rescinded. Within 30 days
9 after (i) receipt of the written request or the first
10 appearance date on the Uniform Traffic Ticket issued pursuant
11 to a violation of Section 11-501, or a similar provision of a
12 local ordinance, or (ii) the receipt of a citation for a
13 violation of any of the provisions of this Code or a
14 provision of a local ordinance issued at the time a person
15 refused to submit to a preliminary breath screening test or a
16 field sobriety test or tests pursuant to Section 11-501.5,
17 the hearing shall be conducted by the circuit court having
18 jurisdiction. This judicial hearing, request, or process
19 shall not stay or delay the statutory summary suspension. The
20 hearings shall proceed in the court in the same manner as in
21 other civil proceedings.
22 The hearing may be conducted upon a review of the law
23 enforcement officer's own official reports; provided however,
24 that the person may subpoena the officer. Failure of the
25 officer to answer the subpoena shall be considered grounds
26 for a continuance if in the court's discretion the
27 continuance is appropriate.
28 (c) For statutory summary suspensions to be served under
29 Section 11-501.1, the scope of the hearing shall be limited
30 to the issues of:
31 1. Whether the person was placed under arrest for
32 an offense as defined in Section 11-501, or a similar
33 provision of a local ordinance, as evidenced by the
34 issuance of a Uniform Traffic Ticket, or issued a Uniform
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1 Traffic Ticket out of state as provided in subsection (a)
2 of Section 11-501.1; and
3 2. Whether the officer had reasonable grounds to
4 believe that the person was driving or in actual physical
5 control of a motor vehicle upon a highway while under the
6 influence of alcohol, other drug, or combination of both;
7 and
8 3. Whether the person, after being advised by the
9 officer that the privilege to operate a motor vehicle
10 would be suspended if the person refused to submit to and
11 complete the test or tests, did refuse to submit to or
12 complete the test or tests to determine the person's
13 alcohol or drug concentration; or
14 4. Whether the person, after being advised by the
15 officer that the privilege to operate a motor vehicle
16 would be suspended if the person submits to a chemical
17 test, or tests, and the test discloses an alcohol
18 concentration of 0.08 or more, or any amount of a drug,
19 substance, or compound in the person's blood or urine
20 resulting from the unlawful use or consumption of
21 cannabis listed in the Cannabis Control Act or a
22 controlled substance listed in the Illinois Controlled
23 Substances Act, and the person did submit to and complete
24 the test or tests that determined an alcohol
25 concentration of 0.08 or more.
26 Upon the conclusion of the judicial hearing, the circuit
27 court shall sustain or rescind the statutory summary
28 suspension and immediately notify the Secretary of State.
29 Reports received by the Secretary of State under this Section
30 shall be privileged information and for use only by the
31 courts, police officers, and Secretary of State.
32 (d) For statutory summary suspensions to be served under
33 Section 11-501.5, the scope of the hearing shall be limited
34 to the issues of:
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1 1. Whether the officer had reasonable suspicion
2 based on specific and articulable facts and inferences
3 from those facts to believe that the person was driving
4 or in actual physical control of a motor vehicle while
5 under the influence of alcohol, other drug, or
6 combination of both; and
7 2. Whether the person, after being advised by the
8 officer that the privilege to operate a motor vehicle
9 would be suspended if the person refused to submit to and
10 complete the test or tests, did refuse to submit to or
11 complete the test or tests to determine if the person was
12 under the influence of alcohol, other drugs, or a
13 combination of both.
14 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)
15 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
16 Sec. 6-113. Restricted licenses and permits. (a) The
17 Secretary of State upon issuing a drivers license or permit
18 shall have the authority whenever good cause appears to
19 impose restrictions suitable to the licensee's driving
20 ability with respect to the type of, or special mechanical
21 control devices required on, a motor vehicle which the
22 licensee may operate or such other restrictions applicable to
23 the licensee as the Secretary of State may determine to be
24 appropriate to assure the safe operation of a motor vehicle
25 by the licensee.
26 (b) The Secretary of State may either issue a special
27 restricted license or permit or may set forth such
28 restrictions upon the usual license or permit form.
29 (c) The Secretary of State may issue a probationary
30 license to a person whose driving privileges have been
31 suspended pursuant to subsection (d) of this Section or
32 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of
33 this Code. The Secretary of State shall promulgate rules
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1 pursuant to The Illinois Administrative Procedure Act,
2 setting forth the conditions and criteria for the issuance
3 and cancellation of probationary licenses.
4 (d) The Secretary of State may upon receiving
5 satisfactory evidence of any violation of the restrictions of
6 such license or permit suspend, revoke or cancel the same
7 without preliminary hearing, but the licensee or permittee
8 shall be entitled to a hearing as in the case of a suspension
9 or revocation.
10 (e) It is unlawful for any person to operate a motor
11 vehicle in any manner in violation of the restrictions
12 imposed on a restricted license or permit issued to him.
13 (f) Whenever the holder of a restricted driving permit
14 is issued a citation for any of the following offenses
15 including similar local ordinances, the restricted driving
16 permit is immediately invalidated:
17 1. Reckless homicide resulting from the operation of a
18 motor vehicle;
19 2. Violation of Section 11-501 of this Act relating to
20 the operation of a motor vehicle while under the influence of
21 intoxicating liquor or narcotic drugs;
22 3. Violation of Section 11-401 of this Act relating to
23 the offense of leaving the scene of a traffic accident
24 involving death or injury; or
25 4. Violation of Section 11-504 of this Act relating to
26 the offense of drag racing;
27 The police officer issuing the citation shall confiscate
28 the restricted driving permit and forward it, along with the
29 citation, to the Clerk of the Circuit Court of the county in
30 which the citation was issued.
31 (g) Notwithstanding the provisions of Section 6-208,
32 6-208.1, and 6-208.2, the Secretary of State may, 30 days
33 after the effective date of a suspension pursuant to Section
34 6-208, 6-208.1, or 6-208.2 and in accordance with any rules
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1 the Secretary may promulgate, issue a restricted driving
2 permit to a person who has applied for a restricted driver's
3 permit and who has consented to have, at his or her expense,
4 an ignition interlock device installed in his or her vehicle.
5
6 (Source: P.A. 86-549.)
7 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
8 Sec. 6-118. Fees.
9 (a) The fee for licenses and permits under this Article
10 is as follows:
11 Original driver's license.............................$10
12 Original or renewal driver's license
13 issued to 18, 19 and 20 year olds..................5
14 All driver's licenses for persons
15 age 69 through age 80..............................5
16 All driver's licenses for persons
17 age 81 through age 86..............................2
18 All driver's licenses for persons
19 age 87 or older....................................0
20 Renewal driver's license (except for
21 applicants ages 18, 19 and 20 or
22 age 69 and older).................................10
23 Original instruction permit issued to
24 persons (except those age 69 and older)
25 who do not hold or have not previously
26 held an Illinois instruction permit or
27 driver's license..................................20
28 Instruction permit issued to any person
29 holding an Illinois driver's license
30 who wishes a change in classifications,
31 other than at the time of renewal..................5
32 Any instruction permit issued to a person
33 age 69 and older...................................5
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1 Instruction permit issued to any person,
2 under age 69, not currently holding a
3 valid Illinois driver's license or
4 instruction permit but who has
5 previously been issued either document
6 in Illinois.......................................10
7 Restricted driving permit...............................8
8 Duplicate or corrected driver's license
9 or permit..........................................5
10 Duplicate or corrected restricted
11 driving permit.....................................5
12 Original or renewal M or L endorsement..................5
13 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
14 The fees for commercial driver licenses and permits
15 under Article V shall be as follows:
16 Commercial driver's license:
17 $6 for the CDLIS/AAMVAnet Fund
18 (Commercial Driver's License Information
19 System/American Association of Motor Vehicle
20 Administrators network Trust Fund);
21 $10 for the driver's license;
22 and $24 for the CDL:.............................$40
23 Renewal commercial driver's license:
24 $6 for the CDLIS/AAMVAnet Trust Fund;
25 $10 for the driver's license; and
26 $24 for the CDL:.................................$40
27 Commercial driver instruction permit
28 issued to any person holding a valid
29 Illinois driver's license for the
30 purpose of changing to a
31 CDL classification: $6 for the
32 CDLIS/AAMVAnet Trust Fund; and
33 $24 for the CDL classification...................$30
34 Commercial driver instruction permit
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1 issued to any person holding a valid
2 Illinois CDL for the purpose of
3 making a change in a classification,
4 endorsement or restriction........................$5
5 CDL duplicate or corrected license.....................$5
6 In order to ensure the proper implementation of the
7 Uniform Commercial Driver License Act, Article V of this
8 Chapter, the Secretary of State is empowered to pro-rate the
9 $24 fee for the commercial driver's license proportionate to
10 the expiration date of the applicant's Illinois driver's
11 license.
12 The fee for any duplicate license or permit shall be
13 waived for any person age 60 or older who presents the
14 Secretary of State's office with a police report showing that
15 his license or permit was stolen.
16 No additional fee shall be charged for a driver's
17 license, or for a commercial driver's license, when issued to
18 the holder of an instruction permit for the same
19 classification or type of license who becomes eligible for
20 such license.
21 (b) Any person whose license or privilege to operate a
22 motor vehicle in this State has been suspended or revoked
23 under any provision of Chapter 6, Chapter 11, or Section
24 7-702 of the Family Financial Responsibility Law of this
25 Code, shall in addition to any other fees required by this
26 Code, pay a reinstatement fee as follows:
27 Summary suspension under Section 11-501.1 or 11-501.5.$60
28 Other suspension......................................$30
29 Revocation............................................$60
30 However, any person whose license or privilege to operate
31 a motor vehicle in this State has been suspended or revoked
32 for a second or subsequent time for a violation of Section
33 11-501 or 11-501.1 of this Code or a similar provision of a
34 local ordinance, a violation of or Section 9-3 of the
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1 Criminal Code of 1961, or a failure to submit to a chemical
2 test or tests of blood, breath, or urine pursuant to Section
3 11-501.1 or to a preliminary breath screening test or a field
4 sobriety test or tests pursuant to Section 11-501.5 of this
5 Code and each suspension or revocation was for a violation of
6 Section 11-501 or 11-501.1 of this Code or a similar
7 provision of a local ordinance, a violation of or Section 9-3
8 of the Criminal Code of 1961, a violation of any out-of-state
9 offense similar to any of the above-listed offenses, or a
10 failure to submit to a chemical test or tests of blood,
11 breath, or urine pursuant to Section 11-501.1 or to a
12 preliminary breath screening test or a field sobriety test or
13 tests pursuant to Section 11-501.5 of this Code or similar
14 provisions of an out-of-state jurisdiction shall pay, in
15 addition to any other fees required by this Code, a
16 reinstatement fee as follows:
17 Summary suspension under Section 11-501.1 or
18 11-501.5.............................................$250
19 Revocation...........................................$250
20 (c) All fees collected under the provisions of this
21 Chapter 6 shall be paid into the Road Fund in the State
22 Treasury except as follows:
23 1. The following amounts shall be paid into the
24 Driver Education Fund:
25 (A) $16 of the $20 fee for an original
26 driver's instruction permit;
27 (B) $5 of the $10 fee for an original driver's
28 license;
29 (C) $5 of the $10 fee for a 4 year renewal
30 driver's license; and
31 (D) $4 of the $8 fee for a restricted driving
32 permit.
33 2. $30 of the $60 fee for reinstatement of a license
34 summarily suspended under Section 11-501.1 or 11-501.5
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1 shall be deposited into the Drunk and Drugged Driving
2 Prevention Fund. However, for a person whose license or
3 privilege to operate a motor vehicle in this State has
4 been suspended or revoked for a second or subsequent time
5 for a violation of Section 11-501 or 11-501.1 of this
6 Code or a similar provision of a local ordinance, a
7 violation of or Section 9-3 of the Criminal Code of 1961,
8 a violation of any out-of-state offense similar to any of
9 the above-listed offenses, or a failure to submit to a
10 chemical test or tests of blood, breath, or urine
11 pursuant to Section 11-501.1 or to a preliminary breath
12 screening test or a field sobriety test or tests pursuant
13 to Section 11-501.5 of this Code, or similar provisions
14 of an out-of-state jurisdiction, $190 of the $250 fee for
15 reinstatement of a license summarily suspended under
16 Section 11-501.1 or 11-501.5, and $190 of the $250 fee
17 for reinstatement of a revoked license shall be deposited
18 into the Drunk and Drugged Driving Prevention Fund.
19 3. $6 of such original or renewal fee for a
20 commercial driver's license and $6 of the commercial
21 driver instruction permit fee when such permit is issued
22 to any person holding a valid Illinois driver's license,
23 shall be paid into the CDLIS/AAMVAnet Trust Fund.
24 4. The fee for reinstatement of a license suspended
25 under the Family Financial Responsibility Law shall be
26 paid into the Family Responsibility Fund.
27 5. The $5 fee for each original or renewal M or L
28 endorsement shall be deposited into the Cycle Rider
29 Safety Training Fund.
30 (Source: P.A. 89-92, eff. 7-1-96; 90-622, eff. 3-1-99;
31 90-738, eff. 1-1-99; revised 9-21-98.)
32 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
33 Sec. 6-203.1. (a) Except as set forth in subsection (c),
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1 the Secretary of State is authorized to suspend the driving
2 privileges of a person persons:
3 (1) arrested in another state for driving under the
4 influence of alcohol, other drug or drugs, or
5 intoxicating compound or compounds, or any combination
6 thereof, or a similar provision, and who has refused to
7 submit to a chemical test or tests, a preliminary breath
8 screening test, or a field sobriety test or tests under
9 the provisions of implied consent, or.
10 (2) requested to submit to a field sobriety test or
11 tests or a preliminary breath screening test in another
12 state under provisions of implied consent and who has
13 refused to submit to the test or tests.
14 (b) When a driving privilege has been suspended for a
15 refusal as provided in paragraph (a) and the person is
16 subsequently convicted of the underlying charge, for the same
17 incident, any period served on suspension shall be credited
18 toward the minimum period of revocation of driving privileges
19 imposed pursuant to Section 6-206.
20 (c) The Secretary of State is not authorized to suspend
21 the driving privileges of a person solely for the failure of
22 that person to submit to a preliminary breath screening test
23 or a field sobriety test or tests pursuant to Section
24 11-501.5 where that person has not previously: (i) refused to
25 submit to a preliminary breath screening test or a field
26 sobriety test or tests or similar tests of an out-of-state
27 jurisdiction; (ii) refused to submit to a chemical test of
28 blood, breath, or urine pursuant to Section 11-501.1 or a
29 similar test or tests of an out-of-state jurisdiction; and
30 (iii) been convicted or given supervision for a violation of
31 Section 11-501 or similar provision of a local ordinance or
32 out-of-state jurisdiction.
33 (Source: P.A. 90-779, eff. 1-1-99.)
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1 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
2 Sec. 6-206. Discretionary authority to suspend or revoke
3 license or permit; Right to a hearing.
4 (a) The Secretary of State is authorized to suspend or
5 revoke the driving privileges of any person without
6 preliminary hearing upon a showing of the person's records or
7 other sufficient evidence that the person:
8 1. Has committed an offense for which mandatory
9 revocation of a driver's license or permit is required
10 upon conviction;
11 2. Has been convicted of not less than 3 offenses
12 against traffic regulations governing the movement of
13 vehicles committed within any 12 month period. No
14 revocation or suspension shall be entered more than 6
15 months after the date of last conviction;
16 3. Has been repeatedly involved as a driver in
17 motor vehicle collisions or has been repeatedly convicted
18 of offenses against laws and ordinances regulating the
19 movement of traffic, to a degree that indicates lack of
20 ability to exercise ordinary and reasonable care in the
21 safe operation of a motor vehicle or disrespect for the
22 traffic laws and the safety of other persons upon the
23 highway;
24 4. Has by the unlawful operation of a motor vehicle
25 caused or contributed to an accident resulting in death
26 or injury requiring immediate professional treatment in a
27 medical facility or doctor's office to any person, except
28 that any suspension or revocation imposed by the
29 Secretary of State under the provisions of this
30 subsection shall start no later than 6 months after being
31 convicted of violating a law or ordinance regulating the
32 movement of traffic, which violation is related to the
33 accident, or shall start not more than one year after the
34 date of the accident, whichever date occurs later;
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1 5. Has permitted an unlawful or fraudulent use of a
2 driver's license, identification card, or permit;
3 6. Has been lawfully convicted of an offense or
4 offenses in another state, including the authorization
5 contained in Section 6-203.1, which if committed within
6 this State would be grounds for suspension or revocation;
7 7. Has refused or failed to submit to an
8 examination provided for by Section 6-207 or has failed
9 to pass the examination;
10 8. Is ineligible for a driver's license or permit
11 under the provisions of Section 6-103;
12 9. Has made a false statement or knowingly
13 concealed a material fact or has used false information
14 or identification in any application for a license,
15 identification card, or permit;
16 10. Has possessed, displayed, or attempted to
17 fraudulently use any license, identification card, or
18 permit not issued to the person;
19 11. Has operated a motor vehicle upon a highway of
20 this State when the person's driving privilege or
21 privilege to obtain a driver's license or permit was
22 revoked or suspended unless the operation was authorized
23 by a judicial driving permit, probationary license to
24 drive, or a restricted driving permit issued under this
25 Code;
26 12. Has submitted to any portion of the application
27 process for another person or has obtained the services
28 of another person to submit to any portion of the
29 application process for the purpose of obtaining a
30 license, identification card, or permit for some other
31 person;
32 13. Has operated a motor vehicle upon a highway of
33 this State when the person's driver's license or permit
34 was invalid under the provisions of Sections 6-107.1 and
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1 6-110;
2 14. Has committed a violation of Section 6-301,
3 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
4 14B of the Illinois Identification Card Act;
5 15. Has been convicted of violating Section 21-2 of
6 the Criminal Code of 1961 relating to criminal trespass
7 to vehicles in which case, the suspension shall be for
8 one year;
9 16. Has been convicted of violating Section 11-204
10 of this Code relating to fleeing from a police officer;
11 17. Except as set forth in subsection (c) of
12 Section 6-203.1, has refused to submit to a test, or
13 tests, as required under Section 11-501.1 or 11-501.5 of
14 this Code and the person has not sought a hearing as
15 provided for in Section 11-501.1 or 11-501.5;
16 18. Has, since issuance of a driver's license or
17 permit, been adjudged to be afflicted with or suffering
18 from any mental disability or disease;
19 19. Has committed a violation of paragraph (a) or
20 (b) of Section 6-101 relating to driving without a
21 driver's license;
22 20. Has been convicted of violating Section 6-104
23 relating to classification of driver's license;
24 21. Has been convicted of violating Section 11-402
25 of this Code relating to leaving the scene of an accident
26 resulting in damage to a vehicle in excess of $1,000, in
27 which case the suspension shall be for one year;
28 22. Has used a motor vehicle in violating paragraph
29 (3), (4), (7), or (9) of subsection (a) of Section 24-1
30 of the Criminal Code of 1961 relating to unlawful use of
31 weapons, in which case the suspension shall be for one
32 year;
33 23. Has, as a driver, been convicted of committing
34 a violation of paragraph (a) of Section 11-502 of this
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1 Code for a second or subsequent time within one year of a
2 similar violation;
3 24. Has been convicted by a court-martial or
4 punished by non-judicial punishment by military
5 authorities of the United States at a military
6 installation in Illinois of or for a traffic related
7 offense that is the same as or similar to an offense
8 specified under Section 6-205 or 6-206 of this Code;
9 25. Has permitted any form of identification to be
10 used by another in the application process in order to
11 obtain or attempt to obtain a license, identification
12 card, or permit;
13 26. Has altered or attempted to alter a license or
14 has possessed an altered license, identification card, or
15 permit;
16 27. Has violated Section 6-16 of the Liquor Control
17 Act of 1934;
18 28. Has been convicted of the illegal possession,
19 while operating or in actual physical control, as a
20 driver, of a motor vehicle, of any controlled substance
21 prohibited under the Illinois Controlled Substances Act
22 or any cannabis prohibited under the provisions of the
23 Cannabis Control Act, in which case the person's driving
24 privileges shall be suspended for one year, and any
25 driver who is convicted of a second or subsequent
26 offense, within 5 years of a previous conviction, for the
27 illegal possession, while operating or in actual physical
28 control, as a driver, of a motor vehicle, of any
29 controlled substance prohibited under the provisions of
30 the Illinois Controlled Substances Act or any cannabis
31 prohibited under the Cannabis Control Act shall be
32 suspended for 5 years. Any defendant found guilty of this
33 offense while operating a motor vehicle, shall have an
34 entry made in the court record by the presiding judge
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1 that this offense did occur while the defendant was
2 operating a motor vehicle and order the clerk of the
3 court to report the violation to the Secretary of State;
4 29. Has been convicted of the following offenses
5 that were committed while the person was operating or in
6 actual physical control, as a driver, of a motor vehicle:
7 criminal sexual assault, predatory criminal sexual
8 assault of a child, aggravated criminal sexual assault,
9 criminal sexual abuse, aggravated criminal sexual abuse,
10 juvenile pimping, soliciting for a juvenile prostitute
11 and the manufacture, sale or delivery of controlled
12 substances or instruments used for illegal drug use or
13 abuse in which case the driver's driving privileges shall
14 be suspended for one year;
15 30. Has been convicted a second or subsequent time
16 for any combination of the offenses named in paragraph 29
17 of this subsection, in which case the person's driving
18 privileges shall be suspended for 5 years;
19 31. Has refused to submit to a test as required by
20 Section 11-501.6 or has submitted to a test resulting in
21 an alcohol concentration of 0.08 or more or any amount of
22 a drug, substance, or compound resulting from the
23 unlawful use or consumption of cannabis as listed in the
24 Cannabis Control Act or a controlled substance as listed
25 in the Illinois Controlled Substances Act in which case
26 the penalty shall be as prescribed in Section 6-208.1;
27 32. Has been convicted of Section 24-1.2 of the
28 Criminal Code of 1961 relating to the aggravated
29 discharge of a firearm if the offender was located in a
30 motor vehicle at the time the firearm was discharged, in
31 which case the suspension shall be for 3 years;
32 33. Has as a driver, who was less than 21 years of
33 age on the date of the offense, been convicted a first
34 time of a violation of paragraph (a) of Section 11-502 of
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1 this Code or a similar provision of a local ordinance;
2 34. Has committed a violation of Section 11-1301.5
3 of this Code;
4 35. Has committed a violation of Section 11-1301.6
5 of this Code; or
6 36. Is under the age of 21 years at the time of
7 arrest and has been convicted of not less than 2
8 offenses against traffic regulations governing the
9 movement of vehicles committed within any 24 month
10 period. No revocation or suspension shall be entered
11 more than 6 months after the date of last conviction.
12 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
13 and 27 of this subsection, license means any driver's
14 license, any traffic ticket issued when the person's driver's
15 license is deposited in lieu of bail, a suspension notice
16 issued by the Secretary of State, a duplicate or corrected
17 driver's license, a probationary driver's license or a
18 temporary driver's license.
19 (b) If any conviction forming the basis of a suspension
20 or revocation authorized under this Section is appealed, the
21 Secretary of State may rescind or withhold the entry of the
22 order of suspension or revocation, as the case may be,
23 provided that a certified copy of a stay order of a court is
24 filed with the Secretary of State. If the conviction is
25 affirmed on appeal, the date of the conviction shall relate
26 back to the time the original judgment of conviction was
27 entered and the 6 month limitation prescribed shall not
28 apply.
29 (c) 1. Upon suspending or revoking the driver's license
30 or permit of any person as authorized in this Section,
31 the Secretary of State shall immediately notify the
32 person in writing of the revocation or suspension. The
33 notice to be deposited in the United States mail, postage
34 prepaid, to the last known address of the person.
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1 2. If the Secretary of State suspends the driver's
2 license of a person under subsection 2 of paragraph (a)
3 of this Section, a person's privilege to operate a
4 vehicle as an occupation shall not be suspended, provided
5 an affidavit is properly completed, the appropriate fee
6 received, and a permit issued prior to the effective date
7 of the suspension, unless 5 offenses were committed, at
8 least 2 of which occurred while operating a commercial
9 vehicle in connection with the driver's regular
10 occupation. All other driving privileges shall be
11 suspended by the Secretary of State. Any driver prior to
12 operating a vehicle for occupational purposes only must
13 submit the affidavit on forms to be provided by the
14 Secretary of State setting forth the facts of the
15 person's occupation. The affidavit shall also state the
16 number of offenses committed while operating a vehicle in
17 connection with the driver's regular occupation. The
18 affidavit shall be accompanied by the driver's license.
19 Upon receipt of a properly completed affidavit, the
20 Secretary of State shall issue the driver a permit to
21 operate a vehicle in connection with the driver's regular
22 occupation only. Unless the permit is issued by the
23 Secretary of State prior to the date of suspension, the
24 privilege to drive any motor vehicle shall be suspended
25 as set forth in the notice that was mailed under this
26 Section. If an affidavit is received subsequent to the
27 effective date of this suspension, a permit may be issued
28 for the remainder of the suspension period.
29 The provisions of this subparagraph shall not apply
30 to any driver required to obtain a commercial driver's
31 license under Section 6-507 during the period of a
32 disqualification of commercial driving privileges under
33 Section 6-514.
34 Any person who falsely states any fact in the
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1 affidavit required herein shall be guilty of perjury
2 under Section 6-302 and upon conviction thereof shall
3 have all driving privileges revoked without further
4 rights.
5 3. At the conclusion of a hearing under Section
6 2-118 of this Code, the Secretary of State shall either
7 rescind or continue an order of revocation or shall
8 substitute an order of suspension; or, good cause
9 appearing therefor, rescind, continue, change, or extend
10 the order of suspension. If the Secretary of State does
11 not rescind the order, the Secretary may upon
12 application, to relieve undue hardship, issue a
13 restricted driving permit granting the privilege of
14 driving a motor vehicle between the petitioner's
15 residence and petitioner's place of employment or within
16 the scope of his employment related duties, or to allow
17 transportation for the petitioner, or a household member
18 of the petitioner's family, to receive necessary medical
19 care and if the professional evaluation indicates,
20 provide transportation for alcohol remedial or
21 rehabilitative activity, or for the petitioner to attend
22 classes, as a student, in an accredited educational
23 institution; if the petitioner is able to demonstrate
24 that no alternative means of transportation is reasonably
25 available and the petitioner will not endanger the public
26 safety or welfare. In each case the Secretary may issue a
27 restricted driving permit for a period deemed
28 appropriate, except that all permits shall expire within
29 one year from the date of issuance. A restricted driving
30 permit issued under this Section shall be subject to
31 cancellation, revocation, and suspension by the Secretary
32 of State in like manner and for like cause as a driver's
33 license issued under this Code may be cancelled, revoked,
34 or suspended; except that a conviction upon one or more
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1 offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for
3 the revocation, suspension, or cancellation of a
4 restricted driving permit. The Secretary of State may, as
5 a condition to the issuance of a restricted driving
6 permit, require the applicant to participate in a
7 designated driver remedial or rehabilitative program. The
8 Secretary of State is authorized to cancel a restricted
9 driving permit if the permit holder does not successfully
10 complete the program.
11 (c-5) The Secretary of State may, as a condition of the
12 reissuance of a driver's license or permit to an applicant
13 under the age of 18 years whose driver's license or permit
14 has been suspended pursuant to any of the provisions of this
15 Section, require the applicant to participate in a driver
16 remedial education course and be retested under Section 6-109
17 of this Code.
18 (d) This Section is subject to the provisions of the
19 Drivers License Compact.
20 (e) The Secretary of State shall not issue a restricted
21 driving permit to a person under the age of 16 years whose
22 driving privileges have been suspended or revoked under any
23 provisions of this Code.
24 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
25 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
26 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
27 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
28 Sec. 6-206.1. Judicial Driving Permit. Declaration of
29 Policy. It is hereby declared a policy of the State of
30 Illinois that the driver who is impaired by alcohol, other
31 drug or drugs, or intoxicating compound or compounds is a
32 threat to the public safety and welfare. Therefore, to
33 provide a deterrent to such practice and to remove problem
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1 drivers from the highway, a statutory summary driver's
2 license suspension is appropriate. It is also recognized that
3 driving is a privilege and therefore, that in some cases the
4 granting of limited driving privileges, where consistent with
5 public safety, is warranted during the period of suspension
6 in the form of a judicial driving permit to drive for the
7 purpose of employment, receiving drug treatment or medical
8 care, and educational pursuits, where no alternative means of
9 transportation is available.
10 The following procedures shall apply whenever a first
11 offender is arrested for any offense as defined in Section
12 11-501 or a similar provision of a local ordinance or has
13 refused to submit to a preliminary breath screening test or
14 field sobriety test or tests pursuant to Section 11-501.5:
15 (a) Subsequent to a notification of a statutory summary
16 suspension of driving privileges as provided in Section
17 11-501.1 or 11-501.5, the first offender as defined in
18 Section 11-500 may petition the circuit court of venue for a
19 Judicial Driving Permit, hereinafter referred as a JDP, to
20 relieve undue hardship. The court may issue a court order,
21 pursuant to the criteria contained in this Section, directing
22 the Secretary of State to issue such a JDP to the petitioner.
23 A JDP shall not become effective prior to the 31st day of the
24 original statutory summary suspension and shall always be
25 subject to the following criteria:
26 1. If ordered for the purposes of employment, the
27 JDP shall be only for the purpose of providing the
28 petitioner the privilege of driving a motor vehicle
29 between the petitioner's residence and the petitioner's
30 place of employment and return; or within the scope of
31 the petitioner's employment related duties, shall be
32 effective only during and limited to those specific times
33 and routes actually required to commute or perform the
34 petitioner's employment related duties.
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1 2. The court, by a court order, may also direct the
2 Secretary of State to issue a JDP to allow transportation
3 for the petitioner, or a household member of the
4 petitioner's family, to receive alcohol, drug, or
5 intoxicating compound treatment or medical care, if the
6 petitioner is able to demonstrate that no alternative
7 means of transportation is reasonably available. Such JDP
8 shall be effective only during the specific times
9 actually required to commute.
10 3. The court, by a court order, may also direct the
11 Secretary of State to issue a JDP to allow transportation
12 by the petitioner for educational purposes upon
13 demonstrating that there are no alternative means of
14 transportation reasonably available to accomplish those
15 educational purposes. Such JDP shall be only for the
16 purpose of providing transportation to and from the
17 petitioner's residence and the petitioner's place of
18 educational activity, and only during the specific times
19 and routes actually required to commute or perform the
20 petitioner's educational requirement.
21 4. The Court shall not issue an order granting a
22 JDP to:
23 (i) Any person unless and until the court,
24 after considering the results of a current
25 professional evaluation of the person's alcohol or
26 other drug use by an agency pursuant to Section
27 15-10 of the Alcoholism and Other Drug Abuse and
28 Dependency Act and other appropriate investigation
29 of the person, is satisfied that granting the
30 privilege of driving a motor vehicle on the highways
31 will not endanger the public safety or welfare.
32 (ii) Any person who has been convicted of
33 reckless homicide within the previous 5 years.
34 (iii) Any person whose privilege to operate a
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1 motor vehicle was invalid at the time of arrest for
2 the current violation of Section 11-501, or a
3 similar provision of a local ordinance, except in
4 cases where the cause for a driver's license
5 suspension has been removed at the time a JDP is
6 effective. In any case, should the Secretary of
7 State enter a suspension or revocation of driving
8 privileges pursuant to the provisions of this Code
9 while the JDP is in effect or pending, the Secretary
10 shall take the prescribed action and provide a
11 notice to the person and the court ordering the
12 issuance of the JDP that all driving privileges,
13 including those provided by the issuance of the JDP,
14 have been withdrawn.
15 (iv) Any person under the age of 18 years.
16 (b) Prior to ordering the issuance of a JDP the Court
17 should consider at least, but not be limited to, the
18 following issues:
19 1. Whether the person is employed and no other
20 means of commuting to the place of employment is
21 available or that the person must drive as a condition of
22 employment. The employer shall certify the hours of
23 employment and the need and parameters necessary for
24 driving as a condition to employment.
25 2. Whether the person must drive to secure alcohol
26 or other medical treatment for himself or a family
27 member.
28 3. Whether the person must drive for educational
29 purposes. The educational institution shall certify the
30 person's enrollment in and academic schedule at the
31 institution.
32 4. Whether the person has been repeatedly convicted
33 of traffic violations or involved in motor vehicle
34 accidents to a degree which indicates disrespect for
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1 public safety.
2 5. Whether the person has been convicted of a
3 traffic violation in connection with a traffic accident
4 resulting in the death of any person within the last 5
5 years.
6 6. Whether the person is likely to obey the limited
7 provisions of the JDP.
8 7. Whether the person has any additional traffic
9 violations pending in any court.
10 For purposes of this Section, programs conducting
11 professional evaluations of a person's alcohol, other drug,
12 or intoxicating compound use must report, to the court of
13 venue, using a form prescribed by the Secretary of State. A
14 copy of such evaluations shall be sent to the Secretary of
15 State by the court. However, the evaluation information shall
16 be privileged and only available to courts and to the
17 Secretary of State, but shall not be admissible in the
18 subsequent trial on the underlying charge.
19 (c) The scope of any court order issued for a JDP under
20 this Section shall be limited to the operation of a motor
21 vehicle as provided for in subsection (a) of this Section and
22 shall specify the petitioner's residence, place of employment
23 or location of educational institution, and the scope of job
24 related duties, if relevant. The JDP shall also specify days
25 of the week and specific hours of the day when the petitioner
26 is able to exercise the limited privilege of operating a
27 motor vehicle. If the Petitioner, who has been granted a JDP,
28 is issued a citation for a traffic related offense, including
29 operating a motor vehicle outside the limitations prescribed
30 in the JDP or a violation of Section 6-303, or is convicted
31 of any such an offense during the term of the JDP, the court
32 shall consider cancellation of the limited driving permit.
33 In any case, if the Petitioner commits an offense, as defined
34 in Section 11-501, or a similar provision of a local
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1 ordinance, as evidenced by the issuance of a Uniform Traffic
2 Ticket, the JDP shall be forwarded by the court of venue to
3 the court ordering the issuance of the JDP, for cancellation.
4 The court shall notify the Secretary of State of any such
5 cancellation.
6 (d) The Secretary of State shall, upon receiving a court
7 order from the court of venue, issue a JDP to a successful
8 Petitioner under this Section. Such court order form shall
9 also contain a notification, which shall be sent to the
10 Secretary of State, providing the name, driver's license
11 number and legal address of the successful petitioner, and
12 the full and detailed description of the limitations of the
13 JDP. This information shall be available only to the courts,
14 police officers, and the Secretary of State, except during
15 the actual period the JDP is valid, during which time it
16 shall be a public record. The Secretary of State shall design
17 and furnish to the courts an official court order form to be
18 used by the courts when directing the Secretary of State to
19 issue a JDP.
20 Any submitted court order that contains insufficient data
21 or fails to comply with this Code shall not be utilized for
22 JDP issuance or entered to the driver record but shall be
23 returned to the issuing court indicating why the JDP cannot
24 be so entered. A notice of this action shall also be sent to
25 the JDP petitioner by the Secretary of State.
26 (e) The circuit court of venue may conduct the judicial
27 hearing, as provided in Section 2-118.1, and the JDP hearing
28 provided in this Section, concurrently. Such concurrent
29 hearing shall proceed in the court in the same manner as in
30 other civil proceedings.
31 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)
32 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
33 Sec. 6-208. Period of Suspension - Application After
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1 Revocation.
2 (a) Except as otherwise provided by this Code or any
3 other law of this State, the Secretary of State shall not
4 suspend a driver's license, permit or privilege to drive a
5 motor vehicle on the highways for a period of more than one
6 year.
7 (b) Any person whose license, permit or privilege to
8 drive a motor vehicle on the highways has been revoked shall
9 not be entitled to have such license, permit or privilege
10 renewed or restored. However, such person may, except as
11 provided under subsection (d) of Section 6-205, make
12 application for a license pursuant to Section 6-106 (i) if
13 the revocation was for a cause which has been removed or (ii)
14 as provided in the following subparagraphs:
15 1. Except as provided in subparagraphs 2, 3, and 4,
16 the person may make application for a license after the
17 expiration of one year from the effective date of the
18 revocation or, in the case of a violation of paragraph
19 (b) of Section 11-401 of this Code or a similar provision
20 of a local ordinance, after the expiration of 3 years
21 from the effective date of the revocation or, in the case
22 of a violation of Section 9-3 of the Criminal Code of
23 1961 relating to the offense of reckless homicide, after
24 the expiration of 2 years from the effective date of the
25 revocation.; or
26 2. If such person is convicted of committing a
27 second violation within a 20 year period of:
28 (A) Section 11-501 of this Code, or a similar
29 provision of a local ordinance; or
30 (B) Paragraph (b) of Section 11-401 of this
31 Code, or a similar provision of a local ordinance;
32 or
33 (C) Section 9-3 of the Criminal Code of 1961,
34 as amended, relating to the offense of reckless
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1 homicide; or
2 (D) any combination of the above offenses
3 committed at different instances;
4 then such person may not make application for a license
5 until after the expiration of 5 years from the effective
6 date of the most recent revocation. The 20 year period
7 shall be computed by using the dates the offenses were
8 committed and shall also include similar out-of-state
9 offenses.
10 3. However, except as provided in subparagraph 4,
11 if such person is convicted of committing a third, or
12 subsequent, violation or any combination of the above
13 offenses, including similar out-of-state offenses,
14 contained in subparagraph 2, then such person may not
15 make application for a license until after the expiration
16 of 10 years from the effective date of the most recent
17 revocation.
18 4. The person may not make application for a
19 license if the person is convicted of committing a fourth
20 or subsequent violation of Section 11-501 of this Code or
21 a similar provision of a local ordinance, paragraph (b)
22 of Section 11-401 of this Code, Section 9-3 of the
23 Criminal Code of 1961, or a combination of these offenses
24 or similar provisions of local ordinances or similar
25 out-of-state offenses if the original revocation or
26 suspension was for a violation of Section 11-501 or
27 11-501.1 of this Code or a similar provision of a local
28 ordinance.
29 Notwithstanding any other provision of this Code, all
30 persons referred to in this paragraph (b) may not have their
31 privileges restored until the Secretary receives payment of
32 the required reinstatement fee pursuant to subsection (b) of
33 Section 6-118.
34 In no event shall the Secretary issue such license unless
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1 and until such person has had a hearing pursuant to this Code
2 and the appropriate administrative rules and the Secretary is
3 satisfied, after a review or investigation of such person,
4 that to grant the privilege of driving a motor vehicle on the
5 highways will not endanger the public safety or welfare.
6 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
7 90-738, eff. 1-1-99; revised 10-31-98.)
8 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
9 Sec. 6-208.1. Period of statutory summary alcohol, other
10 drug, or intoxicating compound related suspension.
11 (a) Unless the statutory summary suspension has been
12 rescinded, any person whose privilege to drive a motor
13 vehicle on the public highways has been summarily suspended,
14 pursuant to Section 11-501.1 or 11-501.5, shall not be
15 eligible for restoration of the privilege until the
16 expiration of:
17 1. Six months from the effective date of the
18 statutory summary suspension for a refusal or failure to
19 complete a test or tests to determine the alcohol, drug,
20 or intoxicating compound concentration, pursuant to
21 Section 11-501.1; or
22 1.1. Four months from the effective date of the
23 statutory summary suspension for a refusal or failure to
24 complete a preliminary breath screening test or field
25 sobriety test or tests under Section 11-501.5; or
26 2. Three months from the effective date of the
27 statutory summary suspension imposed following the
28 person's submission to a chemical test which disclosed an
29 alcohol concentration of 0.08 or more, or any amount of a
30 drug, substance, or intoxicating compound in such
31 person's breath, blood, or urine resulting from the
32 unlawful use or consumption of cannabis listed in the
33 Cannabis Control Act, a controlled substance listed in
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1 the Illinois Controlled Substances Act, or an
2 intoxicating compound listed in the Use of Intoxicating
3 Compounds Act, pursuant to Section 11-501.1; or
4 3. Three years from the effective date of the
5 statutory summary suspension for any person other than a
6 first offender who refuses or fails to complete a test or
7 tests to determine the alcohol, drug, or intoxicating
8 compound concentration pursuant to Section 11-501.1; or
9 3.1. Two years from the effective date of the
10 statutory summary suspension for any person other than a
11 first offender who refuses or fails to complete a
12 preliminary breath screening test or field sobriety test
13 or tests under Section 11-501.5; or
14 4. One year from the effective date of the summary
15 suspension imposed for any person other than a first
16 offender following submission to a chemical test which
17 disclosed an alcohol concentration of 0.08 or more
18 pursuant to Section 11-501.1 or any amount of a drug,
19 substance or compound in such person's blood or urine
20 resulting from the unlawful use or consumption of
21 cannabis listed in the Cannabis Control Act, a controlled
22 substance listed in the Illinois Controlled Substances
23 Act, or an intoxicating compound listed in the Use of
24 Intoxicating Compounds Act.
25 (b) Following a statutory summary suspension of the
26 privilege to drive a motor vehicle under Section 11-501.1 or
27 11-501.5, full driving privileges shall be restored unless
28 the person is otherwise disqualified by this Code. If the
29 court has reason to believe that the person's driving
30 privilege should not be restored, the court shall notify the
31 Secretary of State prior to the expiration of the statutory
32 summary suspension so appropriate action may be taken
33 pursuant to this Code.
34 (c) Full driving privileges may not be restored until
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1 all applicable reinstatement fees, as provided by this Code,
2 have been paid to the Secretary of State and the appropriate
3 entry made to the driver's record.
4 (d) Where a driving privilege has been summarily
5 suspended under Section 11-501.1 or 11-501.5 and the person
6 is subsequently convicted of violating Section 11-501, or a
7 similar provision of a local ordinance, for the same
8 incident, any period served on statutory summary suspension
9 shall be credited toward the minimum period of revocation of
10 driving privileges imposed pursuant to Section 6-205.
11 (e) Following a statutory summary suspension of driving
12 privileges pursuant to Section 11-501.1 or 11-501.5, for a
13 first offender, the circuit court may, after at least 30 days
14 from the effective date of the statutory summary suspension,
15 issue a judicial driving permit as provided in Section
16 6-206.1.
17 (f) Subsequent to an arrest of a first offender, for any
18 offense as defined in Section 11-501 or a similar provision
19 of a local ordinance, following a statutory summary
20 suspension of driving privileges pursuant to Section 11-501.1
21 , for a first offender, or following the failure of a person
22 to submit to a preliminary breath screening test or a field
23 sobriety test or tests pursuant to Section 11-501.5 for a
24 first offender, the circuit court may issue a court order
25 directing the Secretary of State to issue a judicial driving
26 permit as provided in Section 6-206.1. However, this JDP
27 shall not be effective prior to the 31st day of the statutory
28 summary suspension.
29 (g) Following a statutory summary suspension of driving
30 privileges pursuant to Section 11-501.1 or 11-501.5 where the
31 person was not a first offender, as defined in Section 11-500
32 and such person refused or failed to complete a test or tests
33 to determine the alcohol, drug, or intoxicating compound
34 concentration pursuant to Section 11-501.1 or a preliminary
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1 breath screening test or field sobriety test or tests under
2 Section 11-501.5, the Secretary of State may issue a
3 restricted driving permit if at least 2 years have elapsed
4 since the effective date of the statutory summary suspension
5 for a suspension issued pursuant to Section 11-501.1 or if at
6 least 16 months have elapsed since the effective date of a
7 suspension issued pursuant to Section 11-501.5.
8 (h) Following a statutory summary suspension of driving
9 privileges pursuant to Section 11-501.1 where the person was
10 not a first offender as defined in Section 11-500 and such
11 person submitted to a chemical test which disclosed an
12 alcohol concentration of 0.08 or more pursuant to Section
13 11-501.1, the Secretary of State may, after at least 90 days
14 from the effective date of the statutory summary suspension,
15 issue a restricted driving permit.
16 (i) When a person has refused to submit to or failed to
17 complete a chemical test or tests of blood, breath, or urine
18 pursuant to Section 11-501.1 or to a preliminary breath
19 screening test or field sobriety test or tests pursuant to
20 Section 11-501.5, except as set forth in subsection (c) of
21 Section 6-203.1, the person's driving privileges shall be
22 statutorily suspended under the provisions of both Sections,
23 but the periods of statutory suspension shall run
24 concurrently.
25 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
26 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
27 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
28 Sec. 6-303. Driving while driver's license, permit or
29 privilege to operate a motor vehicle is suspended or revoked.
30 (a) Any person who drives or is in actual physical
31 control of a motor vehicle on any highway of this State at a
32 time when such person's driver's license, permit or privilege
33 to do so or the privilege to obtain a driver's license or
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1 permit is revoked or suspended as provided by this Code or
2 the law of another state, except as may be specifically
3 allowed by a judicial driving permit, family financial
4 responsibility driving permit, probationary license to drive,
5 or a restricted driving permit issued pursuant to this Code
6 or under the law of another state, shall be guilty of a Class
7 A misdemeanor.
8 (b) The Secretary of State upon receiving a report of
9 the conviction of any violation indicating a person was
10 operating a motor vehicle during the time when said person's
11 driver's license, permit or privilege was suspended by the
12 Secretary, by the appropriate authority of another state, or
13 pursuant to Section 11-501.1 or 11-501.5, ; except as may be
14 specifically allowed by a probationary license to drive,
15 judicial driving permit or restricted driving permit issued
16 pursuant to this Code or the law of another state; shall
17 extend the suspension for the same period of time as the
18 originally imposed suspension; however, if the period of
19 suspension has then expired, the Secretary shall be
20 authorized to suspend said person's driving privileges for
21 the same period of time as the originally imposed suspension;
22 and if the conviction was upon a charge which indicated that
23 a vehicle was operated during the time when the person's
24 driver's license, permit or privilege was revoked; except as
25 may be allowed by a restricted driving permit issued pursuant
26 to this Code or the law of another state; the Secretary shall
27 not issue a driver's license for an additional period of one
28 year from the date of such conviction indicating such person
29 was operating a vehicle during such period of revocation.
30 (c) Any person convicted of violating this Section shall
31 serve a minimum term of imprisonment of 7 consecutive days or
32 30 days of community service when the person's driving
33 privilege was revoked or suspended as a result of:
34 (1) a violation of Section 11-501 of this Code or a
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1 similar provision of a local ordinance relating to the
2 offense of operating or being in physical control of a
3 vehicle while under the influence of alcohol, any other
4 drug or any combination thereof; or
5 (2) a violation of paragraph (b) of Section 11-401
6 of this Code or a similar provision of a local ordinance
7 relating to the offense of leaving the scene of a motor
8 vehicle accident involving personal injury or death; or
9 (3) a violation of Section 9-3 of the Criminal Code
10 of 1961, as amended, relating to the offense of reckless
11 homicide; or
12 (4) a statutory summary suspension under Section
13 11-501.1 or 11-501.5 of this Code.
14 Such sentence of imprisonment or community service shall
15 not be subject to suspension in order to reduce such
16 sentence.
17 (d) Any person convicted of a second or subsequent
18 violation of this Section shall be guilty of a Class 4 felony
19 if the original revocation or suspension was for a violation
20 of Section 11-401 or 11-501 of this Code, or a similar
21 out-of-state offense, or a similar provision of a local
22 ordinance, a violation of Section 9-3 of the Criminal Code of
23 1961, relating to the offense of reckless homicide, or a
24 similar out-of-state offense, or a statutory summary
25 suspension under Section 11-501.1 or 11-501.5 of this Code.
26 (e) Any person in violation of this Section who is also
27 in violation of Section 7-601 of this Code relating to
28 mandatory insurance requirements, in addition to other
29 penalties imposed under this Section, shall have his or her
30 motor vehicle immediately impounded by the arresting law
31 enforcement officer. The motor vehicle may be released to
32 any licensed driver upon a showing of proof of insurance for
33 the vehicle that was impounded and the notarized written
34 consent for the release by the vehicle owner.
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1 (f) For any prosecution under this Section, a certified
2 copy of the driving abstract of the defendant shall be
3 admitted as proof of any prior conviction.
4 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
5 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
6 90-738, eff. 1-1-99.)
7 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
8 Sec. 11-500. Definitions. For the purposes of
9 interpreting Sections 6-206.1 and 6-208.1 of this Code,
10 "first offender" shall mean: (i) any person who has not had a
11 previous conviction or court assigned supervision for
12 violating Section 11-501, or a similar provision of a local
13 ordinance, or a conviction in any other state for a violation
14 of driving while under the influence or a similar offense
15 where the cause of action is the same or substantially
16 similar to this Code, or (ii) any person who has not had a
17 driver's license suspension for violating Section 11-501.1 or
18 11-501.5 within 10 5 years prior to the date of the current
19 offense or failure to submit to or complete a chemical test
20 or tests of blood, breath, or urine pursuant to Section
21 11-501.1 or a preliminary breath screening test or a field
22 sobriety test or tests pursuant to Section 11-501.5, except
23 in cases where the driver submitted to chemical testing
24 resulting in an alcohol concentration of 0.08 or more, or any
25 amount of a drug, substance, or compound in such person's
26 blood or urine resulting from the unlawful use or consumption
27 of cannabis listed in the Cannabis Control Act, a controlled
28 substance listed in the Illinois Controlled Substances Act,
29 or an intoxicating compound listed in the Use of Intoxicating
30 Compounds Act and was subsequently found not guilty of
31 violating Section 11-501, or a similar provision of a local
32 ordinance. For the purpose of this Section, a person whose
33 driving privileges were not suspended solely for a failure to
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1 submit to a preliminary breath screening test or field
2 sobriety test or tests, as set forth in subsection (c) of
3 Section 6-203.1, shall not be considered a first offender.
4 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
5 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
6 Sec. 11-501. Driving while under the influence of
7 alcohol, other drug or drugs, intoxicating compound or
8 compounds or any combination thereof.
9 (a) A person shall not drive or be in actual physical
10 control of any vehicle within this State while:
11 (1) the alcohol concentration in the person's blood
12 or breath is 0.08 or more based on the definition of
13 blood and breath units in Section 11-501.2;
14 (2) under the influence of alcohol;
15 (3) under the influence of any intoxicating
16 compound or combination of intoxicating compounds to a
17 degree that renders the person incapable of driving
18 safely;
19 (4) under the influence of any other drug or
20 combination of drugs to a degree that renders the person
21 incapable of safely driving;
22 (5) under the combined influence of alcohol, other
23 drug or drugs, or intoxicating compound or compounds to a
24 degree that renders the person incapable of safely
25 driving; or
26 (6) there is any amount of a drug, substance, or
27 compound in the person's breath, blood, or urine
28 resulting from the unlawful use or consumption of
29 cannabis listed in the Cannabis Control Act, a controlled
30 substance listed in the Illinois Controlled Substances
31 Act, or an intoxicating compound listed in the Use of
32 Intoxicating Compounds Act.
33 (b) The fact that any person charged with violating this
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1 Section is or has been legally entitled to use alcohol, other
2 drug or drugs, or intoxicating compound or compounds, or any
3 combination thereof, shall not constitute a defense against
4 any charge of violating this Section.
5 (c) Except as provided under paragraphs (c-3) and (d) of
6 this Section, every person convicted of violating this
7 Section or a similar provision of a local ordinance, shall be
8 guilty of a Class A misdemeanor and, in addition to any other
9 criminal or administrative action, for any second conviction
10 of violating this Section or a similar provision of a law of
11 another state or local ordinance committed within 5 years of
12 a previous violation of this Section or a similar provision
13 of a local ordinance shall be mandatorily sentenced to a
14 minimum of 48 consecutive hours of imprisonment or assigned
15 to a minimum of 100 hours of community service as may be
16 determined by the court. Every person convicted of violating
17 this Section or a similar provision of a local ordinance
18 shall be subject to a mandatory minimum fine of $500 and a
19 mandatory 5 days of community service in a program benefiting
20 children if the person committed a violation of paragraph (a)
21 or a similar provision of a local ordinance while
22 transporting a person under age 16. Every person convicted a
23 second time for violating this Section or a similar provision
24 of a local ordinance within 5 years of a previous violation
25 of this Section or a similar provision of a law of another
26 state or local ordinance shall be subject to a mandatory
27 minimum fine of $1,000 $500 and 20 10 days of mandatory
28 community service in a program benefiting children if the
29 current offense was committed while transporting a person
30 under age 16. The imprisonment or assignment under this
31 subsection shall not be subject to suspension nor shall the
32 person be eligible for probation in order to reduce the
33 sentence or assignment.
34 (c-1) (1) A person who violates this Section during a
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1 period in which his or her driving privileges are revoked
2 or suspended, where the revocation or suspension was for
3 a violation of this Section or a similar provision of a
4 local ordinance, a failure to submit to a chemical test
5 or tests of blood, breath, or urine pursuant to , Section
6 11-501.1 or to a preliminary breath screening test or
7 field sobriety test or tests pursuant to Section 11-501.5
8 of this Code, a violation of , paragraph (b) of Section
9 11-401 of this Code, or a violation of Section 9-3 of the
10 Criminal Code of 1961 is guilty of a Class 4 felony.
11 (2) A person who violates this Section a third time
12 during a period in which his or her driving privileges
13 are revoked or suspended where the revocation or
14 suspension was for a violation of this Section, or a
15 similar violation of a local ordinance, a failure to
16 submit to a chemical test or tests of blood, breath, or
17 urine pursuant to Section 11-501.1 or to a preliminary
18 breath screening test or field sobriety test or tests
19 pursuant to Section 11-501.5 of this Code, a violation of
20 , paragraph (b) of Section 11-401 of this Code, or a
21 violation of Section 9-3 of the Criminal Code of 1961 is
22 guilty of a Class 3 felony.
23 (3) A person who violates this Section a fourth or
24 subsequent time during a period in which his or her
25 driving privileges are revoked or suspended where the
26 revocation or suspension was for a violation of this
27 Section or a similar violation of a local ordinance, a
28 failure to submit to a chemical test or tests of blood,
29 breath, or urine pursuant to Section 11-501.1 or to a
30 preliminary breath screening test or field sobriety test
31 or tests pursuant to Section 11-501.5 of this Code, a
32 violation of , paragraph (b) of Section 11-401 of this
33 Code, or a violation of Section 9-3 of the Criminal Code
34 of 1961 is guilty of a Class 2 felony.
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1 (c-2) (Blank).
2 (c-3) Every person convicted of violating this Section
3 or a similar provision of a local ordinance who had a child
4 under age 16 in the vehicle at the time of the offense shall
5 have his or her punishment under this Act enhanced by 2 days
6 of imprisonment for a first offense, 10 days of imprisonment
7 for a second offense, 30 days of imprisonment for a third
8 offense, and 90 days of imprisonment for a fourth or
9 subsequent offense, in addition to the fine and community
10 service required under subsection (c) and the possible
11 imprisonment required under subsection (d). The imprisonment
12 or assignment under this subsection shall not be subject to
13 suspension nor shall the person be eligible for probation in
14 order to reduce the sentence or assignment.
15 (d) (1) Every person convicted of committing a violation
16 of this Section shall be guilty of aggravated driving under
17 the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof if:
20 (A) the person committed a violation of this
21 Section, or a similar provision of a law of another state
22 or a local ordinance when the cause of action is the same
23 as or substantially similar to this Section, for the
24 third or subsequent time;
25 (B) the person committed a violation of paragraph
26 (a) while driving a school bus with children on board;
27 (C) the person in committing a violation of
28 paragraph (a) was involved in a motor vehicle accident
29 that resulted in great bodily harm or permanent
30 disability or disfigurement to another, when the
31 violation was a proximate cause of the injuries; or
32 (D) the person committed a violation of paragraph
33 (a) for a second time and has been previously convicted
34 of violating Section 9-3 of the Criminal Code of 1961
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1 relating to reckless homicide in which the person was
2 determined to have been under the influence of alcohol,
3 other drug or drugs, or intoxicating compound or
4 compounds as an element of the offense or the person has
5 previously been convicted under subparagraph (C) of this
6 paragraph (1).
7 (2) Aggravated driving under the influence of alcohol,
8 other drug or drugs, or intoxicating compound or compounds,
9 or any combination thereof is a Class 4 felony for which a
10 person, if sentenced to a term of imprisonment, shall be
11 sentenced to not less than one year and not more than 3 years
12 for a violation of subparagraph (A), (B) or (D) of paragraph
13 (1) of this subsection (d) and not less than one year and not
14 more than 12 years for a violation of subparagraph (C) of
15 paragraph (1) of this subsection (d). For any prosecution
16 under this subsection (d), a certified copy of the driving
17 abstract of the defendant shall be admitted as proof of any
18 prior conviction.
19 (e) After a finding of guilt and prior to any final
20 sentencing, or an order for supervision, for an offense based
21 upon an arrest for a violation of this Section or a similar
22 provision of a local ordinance, individuals shall be required
23 to undergo a professional evaluation to determine if an
24 alcohol, drug, or intoxicating compound abuse problem exists
25 and the extent of the problem. Programs conducting these
26 evaluations shall be licensed by the Department of Human
27 Services. The cost of any professional evaluation shall be
28 paid for by the individual required to undergo the
29 professional evaluation.
30 (f) Every person found guilty of violating this Section,
31 whose operation of a motor vehicle while in violation of this
32 Section proximately caused any incident resulting in an
33 appropriate emergency response, shall be liable for the
34 expense of an emergency response as provided under Section
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1 5-5-3 of the Unified Code of Corrections.
2 (g) The Secretary of State shall revoke the driving
3 privileges of any person convicted under this Section or a
4 similar provision of a local ordinance.
5 (h) Every person sentenced under subsection (d) of this
6 Section and who receives a term of probation or conditional
7 discharge shall be required to serve a minimum term of either
8 30 days community service or, beginning July 1, 1993, 48
9 consecutive hours of imprisonment as a condition of the
10 probation or conditional discharge. This mandatory minimum
11 term of imprisonment or assignment of community service shall
12 not be suspended and shall not be subject to reduction by the
13 court.
14 (i) The Secretary of State may use ignition interlock
15 device requirements when granting driving relief to
16 individuals who have been arrested for a second or subsequent
17 offense of this Section or a similar provision of a local
18 ordinance. The Secretary shall establish by rule and
19 regulation the procedures for use of the interlock system.
20 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
21 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
22 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
23 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
24 90-779, eff. 1-1-99; revised 9-16-98.)
25 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
26 Sec. 11-501.1. Suspension of drivers license; statutory
27 summary alcohol, other drug or drugs, or intoxicating
28 compound or compounds related suspension; implied consent.
29 (a) Any person who drives or is in actual physical
30 control of a motor vehicle within upon the public highways of
31 , be imposed.
21 A person who is under the age of 21 at the time the
22 person is requested to submit to a test as provided above
23 shall, in addition to the warnings provided for in this
24 Section, be further warned by the law enforcement officer
25 requesting the test that if the person submits to the test or
26 tests provided in paragraph (a) of this Section and the
27 alcohol concentration in the person's blood or breath is
28 greater than 0.00 and less than 0.08, a suspension of the
29 person's privilege to operate a motor vehicle, as provided
30 under Sections 6-208.2 and 11-501.8 of this Code, will be
31 imposed. The results of this test shall be admissible in a
32 civil or criminal action or proceeding arising from an arrest
33 for an offense as defined in Section 11-501 of this Code or a
34 similar provision of a local ordinance or pursuant to Section
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1 11-501.4 in prosecutions for reckless homicide brought under
2 the Criminal Code of 1961. These test results, however, shall
3 be admissible only in actions or proceedings directly related
4 to the incident upon which the test request was made.
5 (d) If the person refuses testing or submits to a test
6 that discloses an alcohol concentration of 0.08 or more, or
7 any amount of a drug, substance, or intoxicating compound in
8 the person's breath, blood, or urine resulting from the
9 unlawful use or consumption of cannabis listed in the
10 Cannabis Control Act, a controlled substance listed in the
11 Illinois Controlled Substances Act, or an intoxicating
12 compound listed in the Use of Intoxicating Compounds Act, the
13 law enforcement officer shall immediately submit a sworn
14 report to the circuit court of venue and the Secretary of
15 State, certifying that the test or tests was or were
16 requested under paragraph (a) and the person refused to
17 submit to a test, or tests, or submitted to testing that
18 disclosed an alcohol concentration of 0.08 or more.
19 (e) Upon receipt of the sworn report of a law
20 enforcement officer submitted under paragraph (d), the
21 Secretary of State shall enter the statutory summary
22 suspension for the periods specified in Section 6-208.1, and
23 effective as provided in paragraph (g).
24 If the person is a first offender as defined in Section
25 11-500 of this Code, and is not convicted of a violation of
26 Section 11-501 of this Code or a similar provision of a local
27 ordinance, then reports received by the Secretary of State
28 under this Section shall, except during the actual time the
29 Statutory Summary Suspension is in effect, be privileged
30 information and for use only by the courts, police officers,
31 prosecuting authorities or the Secretary of State.
32 (f) The law enforcement officer submitting the sworn
33 report under paragraph (d) shall serve immediate notice of
34 the statutory summary suspension on the person and the
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1 suspension shall be effective as provided in paragraph (g).
2 In cases where the blood alcohol concentration of 0.08 or
3 greater or any amount of a drug, substance, or compound
4 resulting from the unlawful use or consumption of cannabis as
5 covered by the Cannabis Control Act, a controlled substance
6 listed in the Illinois Controlled Substances Act, or an
7 intoxicating compound listed in the Use of Intoxicating
8 Compounds Act is established by a subsequent analysis of
9 blood or urine collected at the time of arrest, the arresting
10 officer or arresting agency shall give notice as provided in
11 this Section or by deposit in the United States mail of the
12 notice in an envelope with postage prepaid and addressed to
13 the person at his address as shown on the Uniform Traffic
14 Ticket and the statutory summary suspension shall begin as
15 provided in paragraph (g). The officer shall confiscate any
16 Illinois driver's license or permit on the person at the time
17 of arrest. If the person has a valid driver's license or
18 permit, the officer shall issue the person a receipt, in a
19 form prescribed by the Secretary of State, that will allow
20 that person to drive during the periods provided for in
21 paragraph (g). The officer shall immediately forward the
22 driver's license or permit to the circuit court of venue
23 along with the sworn report provided for in paragraph (d).
24 (g) The statutory summary suspension referred to in this
25 Section shall take effect on the 46th day following the date
26 the notice of the statutory summary suspension was given to
27 the person.
28 (h) The following procedure shall apply whenever a
29 person is arrested for any offense as defined in Section
30 11-501 or a similar provision of a local ordinance:
31 Upon receipt of the sworn report from the law enforcement
32 officer, the Secretary of State shall confirm the statutory
33 summary suspension by mailing a notice of the effective date
34 of the suspension to the person and the court of venue.
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1 However, should the sworn report be defective by not
2 containing sufficient information or be completed in error,
3 the confirmation of the statutory summary suspension shall
4 not be mailed to the person or entered to the record;,
5 instead, the sworn report shall be forwarded to the court of
6 venue with a copy returned to the issuing agency identifying
7 any defect.
8 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
9 revised 10-31-98.)
10 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
11 Sec. 11-501.5. Preliminary breath screening test and
12 field sobriety tests.
13 (a) Any person who drives or is in actual physical
14 control of a motor vehicle within this State shall be deemed
15 to have given consent to providing If a law enforcement
16 officer has reasonable suspicion to believe that a person is
17 violating or has violated Section 11-501 or a similar
18 provision of a local ordinance, the officer, prior to an
19 arrest, may request the person to provide a sample of his or
20 her breath for a preliminary breath screening test using a
21 portable device approved by the Department of Public Health
22 and to performing any field sobriety test or tests approved
23 by the Illinois Law Enforcement Training Standards Board if
24 the law enforcement officer has reasonable suspicion based on
25 specific and articulable facts and rationale inferences from
26 those facts to believe that the person is violating or has
27 violated Section 11-501 or a similar provision of a local
28 ordinance. The results of the field sobriety tests or the
29 this preliminary breath screening test may be used by the law
30 enforcement officer for the purpose of assisting with the
31 determination of whether to require a chemical test as
32 authorized under Sections 11-501.1 and 11-501.2, and the
33 appropriate type of test to request. Any chemical test
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1 authorized under Sections 11-501.1 and 11-501.2 may be
2 requested by the officer regardless of the result of the
3 field sobriety tests and preliminary breath screening test,
4 if probable cause for an arrest exists. The result of a
5 preliminary breath screening test may be used by the
6 defendant as evidence in any administrative or court
7 proceeding involving a violation of Section 11-501 or
8 11-501.1 and may be used by the State as evidence in any
9 administrative or court proceeding to establish probable
10 cause for a violation of Section 11-501 or as a reason to
11 request a test pursuant to Section 11-501.1. The result of a
12 field sobriety test may be used by the defendant or State in
13 any administrative or court proceeding.
14 For the purposes of this Section, a law enforcement
15 officer of this State who is investigating a person for any
16 offense set forth in Section 11-501 may travel to an
17 adjoining state to which the person has been transported for
18 medical care to complete an investigation and request that
19 the person submit to the test or tests set forth in this
20 Section.
21 (b) A law enforcement officer who has reasonable
22 suspicion based on specific and articulable facts and
23 rational inferences from those facts to believe that a person
24 is violating or has violated Section 11-501 of this Code or a
25 similar provision of a local ordinance shall administer to
26 that person all field sobriety tests approved by the Illinois
27 Law Enforcement Training Standards Board. The performance of
28 any field sobriety test may be dispensed with where, in the
29 judgment of the law enforcement officer administering the
30 field sobriety tests, the performance of that test would
31 jeopardize the safety of any person, is not advisable due to
32 weather, traffic or terrain conditions, or is not practical
33 or appropriate due to a disability or medical condition of
34 the person subject to taking the test. If the law
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1 enforcement officer has probable cause to believe the person
2 is in violation of Section 11-501 or a similar provision of a
3 local ordinance, the law enforcement officer may, in his or
4 her discretion, administer the field sobriety tests but is
5 not required to do so. The administration of the preliminary
6 breath screening test shall at all times be at the discretion
7 of the law enforcement officer.
8 (c) A person shall be excused from performing a test if
9 he or she has a disability or medical condition that prevents
10 the person from performing the test. A person who has been
11 requested to submit to any test and who has failed to do so
12 shall have the burden of proving by a preponderance of the
13 evidence the existence of the disability or medical condition
14 that prevented him or her from performing the requested test.
15 (d) A person is excused from performing a test or tests
16 under this Section if the person, although not under arrest,
17 volunteers for and takes a chemical test or tests of blood,
18 breath, or urine pursuant to Section 11-501.1. A law
19 enforcement officer informing a person of his or her rights
20 under this Section shall inform the person that he or she has
21 the option of foregoing a field sobriety test or a
22 preliminary breath screening test and instead take the
23 chemical test a tests pursuant to Section 11-501.1 but that
24 the person is not required to do so at that time and that the
25 person will not be subject to any penalties for failure to
26 volunteer for the chemical test and tests.
27 (e) Unless the law enforcement officer has reason to
28 believe that the provisions of subsection (c) of Section
29 6-203.1 apply, a person requested to submit to any test as
30 provided in subsection (b) of this Section shall be warned by
31 the law enforcement officer requesting the test prior to
32 administering the test or tests that a refusal to submit to
33 any test will result in the statutory summary suspension of
34 the person's privilege to operate a motor vehicle as provided
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1 in Section 6-208.1 of this Code.
2 (f) If a person refuses to perform any of the field
3 sobriety tests or to take a preliminary breath screening test
4 requested by a law enforcement officer, the law enforcement
5 officer shall immediately submit a sworn report to the
6 Secretary of State, certifying which test or tests was or
7 were requested under this Section and which test or tests the
8 person refused to perform.
9 (g) Upon receipt of the sworn report of a law
10 enforcement officer submitted under subsection (f), the
11 Secretary of State, except as set forth in subsection (c) of
12 Section 6-203.1, shall enter the statutory summary suspension
13 for the periods specified in Section 6-208.1, and effective
14 as provided in subsection (i). If the person is a first
15 offender as defined in Section 11-500 of this Code, and is
16 not convicted of a violation of Section 11-501 of this Code
17 or a similar provision of a local ordinance, then reports
18 received by the Secretary of State under this Section shall,
19 except during the actual time the statutory summary
20 suspension is in effect, be privileged information and for
21 use only by the courts, police officers, prosecuting
22 authorities, or the Secretary of State. If the provisions of
23 subsection (c) of Section 6-203.1 apply, the Secretary of
24 State shall not suspend the person's driving privileges but
25 shall ensure that the failure of the person to submit to a
26 preliminary breath screening test or field sobriety test or
27 tests is entered on the person's driving record.
28 (h) Unless the law enforcement officer has reason to
29 believe that the provisions of subsection (c) of Section
30 6-203.1 apply, the law enforcement officer submitting the
31 sworn report under subsection (f) shall serve immediate
32 notice of the statutory summary suspension on the person and
33 the suspension shall be effective as provided in subsection
34 (i). The officer shall confiscate any Illinois driver's
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1 license or permit on the person at the time of the person's
2 refusal to take any test pursuant to this Section or of the
3 person's arrest for violation of Section 11-501 or similar
4 ordinance. If the person has a valid driver's license or
5 permit, the officer shall issue the person a receipt, in a
6 form prescribed by the Secretary of State, that will allow
7 that person to drive during the periods provided for in
8 subsection (i). If the person has been arrested or issued a
9 citation for a violation of this Code or a provision of a
10 local ordinance, the officer shall immediately forward the
11 driver's license or permit to the circuit court of venue
12 along with the sworn report provided for in subsection (f).
13 (i) The statutory summary suspension referred to in this
14 Section shall take effect on the 46th day following the date
15 the notice of the statutory summary suspension was given to
16 the person.
17 (j) The following procedure shall apply whenever (i) a
18 person is arrested for any offense as defined in Section
19 11-501 or a similar provision of a local ordinance, or (ii) a
20 person has refused to submit to a preliminary screening
21 breath test or to a field sobriety test or tests requested
22 pursuant to this Section: Upon receipt of the sworn report
23 from the law enforcement officer, the Secretary of State,
24 unless the provisions of subsection (c) of Section 6-203.1
25 apply, shall confirm the statutory summary suspension by
26 mailing a notice of the effective date of the suspension to
27 the person and to the court of venue. If the sworn report is
28 defective because it does not contain sufficient information
29 or it has been completed in error, the confirmation of the
30 statutory summary suspension shall not be mailed to the
31 person or entered to the record; instead, the sworn report
32 shall be forwarded to the court of venue with a copy returned
33 to the issuing agency identifying any defect.
34 (k) When a person's refusal to submit to or complete a
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1 preliminary breath screening test or field sobriety test or
2 tests and specific and articulable facts and the inferences
3 from those facts give rise to a rational basis for concluding
4 the continued operation of the vehicle by the person would
5 constitute a clear and present danger to any person, the law
6 enforcement officer may secure the person's vehicle for up to
7 6 hours. For the purpose of this subsection, "secure" means
8 that the officer may: (i) direct the person not to drive;
9 (ii) take possession of the person's vehicle keys, or (iii)
10 take other reasonable steps to ensure the person does not
11 operate the vehicle. The law enforcement officer may release
12 the vehicle to a person other than the driver if: (i) that
13 other person is the owner or renter of the vehicle or the
14 driver is owner of the vehicle and gives permission to the
15 other person to operate the vehicle and (ii) the other person
16 possesses a valid operator's license and would not, as
17 determined by the law enforcement officer, either have a lack
18 of ability to operate the vehicle in a safe manner or be in
19 violation of this Code.
20 (Source: P.A. 88-169.)
21 Section 10. The Unified Code of Corrections is amended
22 by changing Section 5-6-1 as follows:
23 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
24 Sec. 5-6-1. Sentences of Probation and of Conditional
25 Discharge and Disposition of Supervision. The General
26 Assembly finds that in order to protect the public, the
27 criminal justice system must compel compliance with the
28 conditions of probation by responding to violations with
29 swift, certain and fair punishments and intermediate
30 sanctions. The Chief Judge of each circuit shall adopt a
31 system of structured, intermediate sanctions for violations
32 of the terms and conditions of a sentence of probation,
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1 conditional discharge or disposition of supervision.
2 (a) Except where specifically prohibited by other
3 provisions of this Code, the court shall impose a sentence of
4 probation or conditional discharge upon an offender unless,
5 having regard to the nature and circumstance of the offense,
6 and to the history, character and condition of the offender,
7 the court is of the opinion that:
8 (1) his imprisonment or periodic imprisonment is
9 necessary for the protection of the public; or
10 (2) probation or conditional discharge would
11 deprecate the seriousness of the offender's conduct and
12 would be inconsistent with the ends of justice.
13 The court shall impose as a condition of a sentence of
14 probation, conditional discharge, or supervision, that the
15 probation agency may invoke any sanction from the list of
16 intermediate sanctions adopted by the chief judge of the
17 circuit court for violations of the terms and conditions of
18 the sentence of probation, conditional discharge, or
19 supervision, subject to the provisions of Section 5-6-4 of
20 this Act.
21 (b) The court may impose a sentence of conditional
22 discharge for an offense if the court is of the opinion that
23 neither a sentence of imprisonment nor of periodic
24 imprisonment nor of probation supervision is appropriate.
25 (c) The court may, upon a plea of guilty or a
26 stipulation by the defendant of the facts supporting the
27 charge or a finding of guilt, defer further proceedings and
28 the imposition of a sentence, and enter an order for
29 supervision of the defendant, if the defendant is not charged
30 with a Class A misdemeanor, as defined by the following
31 provisions of the Criminal Code of 1961: Sections 12-3.2;
32 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
33 21-1; paragraph (1) through (5), (8), (10), and (11) of
34 subsection (a) of Section 24-1; and Section 1 of the Boarding
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1 Aircraft With Weapon Act; or a felony. If the defendant is
2 not barred from receiving an order for supervision as
3 provided in this subsection, the court may enter an order for
4 supervision after considering the circumstances of the
5 offense, and the history, character and condition of the
6 offender, if the court is of the opinion that:
7 (1) the offender is not likely to commit further
8 crimes;
9 (2) the defendant and the public would be best
10 served if the defendant were not to receive a criminal
11 record; and
12 (3) in the best interests of justice an order of
13 supervision is more appropriate than a sentence otherwise
14 permitted under this Code.
15 (d) The provisions of paragraph (c) shall not apply to a
16 defendant charged with violating Section 11-501 of the
17 Illinois Vehicle Code or a similar provision of a local
18 ordinance when the defendant has previously been:
19 (1) convicted for a violation of Section 11-501 of
20 the Illinois Vehicle Code or a similar provision of a
21 local ordinance or out-of-state jurisdiction; or
22 (2) assigned supervision for a violation of Section
23 11-501 of the Illinois Vehicle Code or a similar
24 provision of a local ordinance or out-of-state
25 jurisdiction; or
26 (3) pleaded guilty to or stipulated to the facts
27 supporting a charge or a finding of guilty to a violation
28 of Section 11-503 of the Illinois Vehicle Code or a
29 similar provision of a local ordinance or out-of-state
30 jurisdiction, and the plea or stipulation was the result
31 of a plea agreement.
32 The court shall consider the statement of the prosecuting
33 authority with regard to the standards set forth in this
34 Section.
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1 (e) The provisions of paragraph (c) shall not apply to a
2 defendant charged with violating Section 16A-3 of the
3 Criminal Code of 1961 if said defendant has within the last 5
4 years been:
5 (1) convicted for a violation of Section 16A-3 of
6 the Criminal Code of 1961; or
7 (2) assigned supervision for a violation of Section
8 16A-3 of the Criminal Code of 1961 or similar provision
9 of an out-of-state jurisdiction.
10 The court shall consider the statement of the prosecuting
11 authority with regard to the standards set forth in this
12 Section.
13 (f) The provisions of paragraph (c) shall not apply to a
14 defendant charged with violating Sections 15-111, 15-112,
15 15-301, paragraph (b) of Section 6-104, Section 11-605, or
16 Section 11-1414 of the Illinois Vehicle Code or a similar
17 provision of a local ordinance or out-of-state jurisdiction.
18 (g) Except as otherwise provided in paragraph (i) of
19 this Section, the provisions of paragraph (c) shall not apply
20 to a defendant charged with violating Section 3-707, 3-708,
21 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
22 provision of a local ordinance if the defendant has within
23 the last 5 years been:
24 (1) convicted for a violation of Section 3-707,
25 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
26 a similar provision of a local ordinance or out-of-state
27 jurisdiction; or
28 (2) assigned supervision for a violation of Section
29 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
30 Code or a similar provision of a local ordinance or
31 out-of-state jurisdiction.
32 The court shall consider the statement of the prosecuting
33 authority with regard to the standards set forth in this
34 Section.
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1 (h) The provisions of paragraph (c) shall not apply to a
2 defendant under the age of 21 years charged with violating a
3 serious traffic offense as defined in Section 1-187.001 of
4 the Illinois Vehicle Code:
5 (1) unless the defendant, upon payment of the
6 fines, penalties, and costs provided by law, agrees to
7 attend and successfully complete a traffic safety program
8 approved by the court under standards set by the
9 Conference of Chief Circuit Judges. The accused shall be
10 responsible for payment of any traffic safety program
11 fees. If the accused fails to file a certificate of
12 successful completion on or before the termination date
13 of the supervision order, the supervision shall be
14 summarily revoked and conviction entered. The provisions
15 of Supreme Court Rule 402 relating to pleas of guilty do
16 not apply in cases when a defendant enters a guilty plea
17 under this provision; or
18 (2) if the defendant has previously been sentenced
19 under the provisions of paragraph (c) on or after January
20 1, 1998 for any serious traffic offense as defined in
21 Section 1-187.001 of the Illinois Vehicle Code.
22 (i) The provisions of paragraph (c) shall not apply to a
23 defendant charged with violating Section 3-707 of the
24 Illinois Vehicle Code or a similar provision of a local
25 ordinance if the defendant has been assigned supervision for
26 a violation of Section 3-707 of the Illinois Vehicle Code or
27 a similar provision of a local ordinance or out-of-state
28 jurisdiction.
29 (j) (i) The provisions of paragraph (c) shall not apply
30 to a defendant charged with violating Section 6-303 of the
31 Illinois Vehicle Code or a similar provision of a local
32 ordinance or out-of-state jurisdiction when the revocation or
33 suspension was for a violation of Section 11-501 or a similar
34 provision of a local ordinance, a failure to submit to a
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1 chemical test or tests of blood, breath, or urine pursuant to
2 violation of Section 11-501.1 or to a preliminary breath
3 screening test or a field sobriety test or tests pursuant to
4 Section 11-501.5 of the Illinois Vehicle Code, a violation of
5 or paragraph (b) of Section 11-401 of the Illinois Vehicle
6 Code, or a violation of Section 9-3 of the Criminal Code of
7 1961 if the defendant has within the last 10 years been:
8 (1) convicted for a violation of Section 6-303 of
9 the Illinois Vehicle Code or a similar provision of a
10 local ordinance or out-of-state jurisdiction; or
11 (2) assigned supervision for a violation of Section
12 6-303 of the Illinois Vehicle Code or a similar provision
13 of a local ordinance or out-of-state jurisdiction.
14 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
15 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
16 1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised
17 9-21-98.)".
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