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| Public Act 097-0845 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 11-1301.1, 11-1301.2, 11-1301.3, and 11-1301.5 as | ||||
follows:
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
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Sec. 11-1301.1. Persons with disabilities - Parking | ||||
privileges - Exemptions. A motor vehicle bearing registration | ||||
plates issued to a person with
disabilities, as defined by | ||||
Section 1-159.1, pursuant to Section 3-616 or to a
disabled | ||||
veteran pursuant to Section 3-609 or a special decal or device | ||||
issued
pursuant to Section 3-616 or pursuant to Section | ||||
11-1301.2 of this Code or a
motor vehicle registered in another | ||||
jurisdiction, state, district, territory or
foreign country | ||||
upon which is displayed a registration plate, special decal or
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device issued by the other jurisdiction designating the vehicle | ||||
is operated by
or for a person with disabilities shall be | ||||
exempt from the payment of parking
meter fees until January 1, | ||||
2014, and exempt from any statute or ordinance imposing time | ||||
limitations
on parking, except limitations of one-half hour or | ||||
less, on any street or
highway zone, a parking area subject to | ||||
regulation under subsection (a) of Section 11-209 of this Code, | ||||
or any parking lot or parking place which
are owned, leased or | ||
owned and leased by a municipality or a municipal
parking | ||
utility; and shall be recognized by state and local authorities
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as a valid license plate or parking device and shall receive | ||
the same
parking privileges as residents of this State; but, | ||
such vehicle shall be
subject to the laws which prohibit | ||
parking in "no stopping" and "no
standing" zones in front of or | ||
near fire hydrants, driveways, public
building entrances and | ||
exits, bus stops and loading areas, and is
prohibited from | ||
parking where the motor vehicle constitutes a traffic
hazard, | ||
whereby such motor vehicle shall be moved at the instruction | ||
and
request of a law enforcement officer to a location | ||
designated by the
officer. Any motor vehicle bearing | ||
registration plates or a special decal
or device specified in | ||
this Section or in Section 3-616 of this Code or
such parking | ||
device as specifically authorized in Section 11-1301.2 as
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evidence that the vehicle is operated by or for a person with | ||
disabilities or
disabled veteran may park, in addition to any
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other lawful place, in any parking place specifically reserved | ||
for such
vehicles by the posting of an official sign as | ||
provided under Section 11-301.
Parking privileges granted by | ||
this Section are strictly limited
to the person to whom the | ||
special registration plates, special decal or
device were | ||
issued and to qualified operators acting under his express
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direction while the person with disabilities is present.
A | ||
person to whom privileges were granted shall, at the request of | ||
a
police officer or any other person invested by law with | ||
authority to direct,
control, or regulate traffic, present an | ||
identification card with a picture as
verification that the
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person is the person to whom the special registration plates, | ||
special decal or
device was issued.
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Such parking privileges granted by this Section are also | ||
extended to
motor vehicles of not-for-profit organizations | ||
used for the transportation of
persons with disabilities when | ||
such motor vehicles display the decal or device
issued pursuant | ||
to Section 11-1301.2 of this Code.
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No person shall use any area for the parking of any motor | ||
vehicle
pursuant to Section 11-1303 of this Code or where an | ||
official sign
controlling such area expressly prohibits | ||
parking at any time or during
certain hours.
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Beginning January 1, 2014, a vehicle displaying a decal or | ||
device issued under subsection (c-5) of Section 11-1301.2 of | ||
this Code shall be exempt from the payment of fees generated by | ||
parking in a metered space or in a publicly owned parking | ||
structure or area. | ||
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
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Sec. 11-1301.2. Special decals for parking; persons with | ||
disabilities.
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(a) The Secretary of State shall provide for, by | ||
administrative rules, the
design, size, color, and placement of | ||
a person with disabilities motorist decal
or device
and shall | ||
provide for, by administrative
rules, the content and form of | ||
an application for a person with disabilities
motorist decal or | ||
device,
which shall be used by local authorities in the | ||
issuance thereof to a
person with temporary disabilities, | ||
provided that the decal or device is
valid for no more than 90 | ||
days, subject to renewal for like periods based upon
continued | ||
disability, and further provided that the decal or device | ||
clearly
sets forth the date that the decal or device expires.
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The application shall
include the requirement of an Illinois | ||
Identification Card number or a State
of Illinois driver's | ||
license number.
This decal or device may be used by the | ||
authorized holder to designate and identify a vehicle not owned | ||
or displaying a
registration plate as provided in Sections | ||
3-609 and 3-616 of this Act to
designate when the vehicle is | ||
being used to transport said person or persons
with | ||
disabilities, and thus is entitled to enjoy all the privileges | ||
that would
be afforded a person with disabilities licensed | ||
vehicle.
Person with disabilities decals or devices issued and | ||
displayed pursuant to
this Section shall be recognized and | ||
honored by all local authorities
regardless of which local | ||
authority issued such decal or device.
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The decal or device shall be issued only upon a showing by | ||
adequate
documentation that the person for whose benefit the | ||
decal or device is to be
used has a temporary disability as | ||
defined in Section 1-159.1 of this
Code.
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(b) The local governing authorities shall be responsible | ||
for the provision
of such decal or device, its issuance and | ||
designated placement within the
vehicle. The cost of such decal | ||
or device shall be at the discretion of
such local governing | ||
authority.
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(c) The Secretary of State may, pursuant to Section | ||
3-616(c), issue
a person with disabilities parking decal or | ||
device to a person with
disabilities as defined by Section | ||
1-159.1. Any person with disabilities
parking decal or device | ||
issued by the Secretary of State shall be registered to
that | ||
person with disabilities in the form to be prescribed by the | ||
Secretary of
State. The person with disabilities parking decal | ||
or device shall not display
that person's address. One | ||
additional decal or device may be issued to an
applicant upon | ||
his or her written request and with the approval of the
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Secretary of
State.
The written request must include a | ||
justification of the need for the
additional decal or device.
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(c-5) Beginning January 1, 2014, the Secretary shall | ||
provide by administrative rule for the issuance of a separate | ||
and distinct parking decal or device for persons with | ||
disabilities as defined by Section 1-159.1 of this Code. The | ||
authorized holder of a decal or device issued under this | ||
subsection (c-5) shall be exempt from the payment of fees | ||
generated by parking in a metered space, a parking area subject | ||
to paragraph (10) of subsection (a) of Section 11-209 of this | ||
Code, or a publicly owned parking structure or area. | ||
The Secretary shall issue a meter-exempt decal or device to | ||
a person with
disabilities who: (i) has been issued | ||
registration plates under Section 3-609 or 3-616 of this Code | ||
or a special decal or device under this Section, (ii) holds a | ||
valid Illinois driver's license; and (iii) is unable to do one | ||
or more of the following: | ||
(1) manage, manipulate, or insert coins, or obtain | ||
tickets or tokens in parking meters or ticket machines in | ||
parking lots or parking structures, due to the lack of fine | ||
motor control of both hands; | ||
(2) reach above his or her head to a height of 42 | ||
inches from the ground, due to a lack of finger, hand, or | ||
upper extremity strength or mobility; | ||
(3) approach a parking meter due to his or her use of a | ||
wheelchair or other device for mobility; or | ||
(4) walk more than 20 feet due to an orthopedic, | ||
neurological, cardiovascular, or lung condition in which | ||
the degree of debilitation is so severe that it almost | ||
completely impedes the ability to walk. | ||
The application for a meter-exempt parking decal or device | ||
shall contain a statement certified by a licensed physician, | ||
physician assistant, or advanced practice nurse attesting to | ||
the nature and estimated duration of the applicant's condition | ||
and verifying that the applicant meets the physical | ||
qualifications specified in this subsection (c-5). | ||
Notwithstanding the requirements of this subsection (c-5), | ||
the Secretary shall issue a meter-exempt decal or device to a | ||
person who has been issued registration plates under Section | ||
3-616 of this Code or a special decal or device under this | ||
Section, if the applicant is the parent or guardian of a person | ||
with disabilities who is under 18 years of age and incapable of | ||
driving. | ||
(d) Replacement decals or devices may be issued for lost, | ||
stolen, or
destroyed decals upon application and payment of a | ||
$10 fee. The replacement
fee may be waived for individuals that | ||
have claimed and received a grant under
the Senior Citizens and | ||
Disabled Persons Property Tax Relief and Pharmaceutical
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Assistance Act.
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(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79, | ||
eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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Sec. 11-1301.3. Unauthorized use of parking places | ||
reserved for persons with
disabilities. | ||
(a) It shall be prohibited to park any motor vehicle which | ||
is not properly
displaying
registration plates or decals issued | ||
to a person with disabilities, as defined
by Section 1-159.1, | ||
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||
disabled veteran pursuant to Section 3-609 of this Act, as | ||
evidence that the
vehicle is operated by or for a person with | ||
disabilities or disabled veteran,
in any parking place, | ||
including any private
or public offstreet parking facility, | ||
specifically reserved, by the
posting of an official sign as | ||
designated under Section 11-301, for
motor vehicles displaying | ||
such registration plates.
It shall be prohibited to park any | ||
motor vehicle in a designated access
aisle adjacent to any | ||
parking place specifically reserved for persons with
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disabilities, by the posting of an official sign as designated | ||
under Section
11-301, for motor vehicles displaying such | ||
registration plates.
When using the parking privileges for | ||
persons with disabilities, the parking
decal or device must be | ||
displayed properly in the vehicle where it is clearly
visible | ||
to law enforcement personnel, either hanging from the rearview | ||
mirror
or placed on the dashboard of the vehicle in clear view.
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Disability license plates and parking decals and devices are | ||
not transferable from person to person. Proper usage of the | ||
disability license plate or parking decal or device requires | ||
the authorized holder to be present and enter or exit the | ||
vehicle at the time the parking privileges are being used. It | ||
is a violation of this Section to park in a space reserved for | ||
a person with disabilities if the authorized holder of the | ||
disability license plate or parking decal or device does not | ||
enter or exit the vehicle at the time the parking privileges | ||
are being used. Any motor vehicle properly displaying a | ||
disability license plate or a
parking decal or device | ||
containing the International symbol of access
issued to persons | ||
with disabilities by any local authority, state, district,
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territory or foreign country shall be recognized by State and | ||
local
authorities as a valid license plate or device and | ||
receive the same parking
privileges as residents of this State.
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(a-1) An individual with a vehicle displaying disability | ||
license plates or a parking decal or device issued to a | ||
qualified person with a disability under Sections 3-616, | ||
11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||
3-609 is in violation of this Section if (i) the person using | ||
the disability license plate or parking decal or device is not | ||
the authorized holder of the disability license plate or | ||
parking decal or device or is not transporting the authorized | ||
holder of the disability license plate or parking decal or | ||
device to or from the parking location and (ii) the person uses | ||
the disability license plate or parking decal or device to | ||
exercise any privileges granted through the disability license | ||
plate or parking decals or devices under this Code.
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(b) Any person or local authority owning or operating any | ||
public or private
offstreet parking facility may, after | ||
notifying the police or sheriff's
department, remove or cause | ||
to be removed to the nearest garage or other
place of safety | ||
any vehicle parked within a stall or space reserved for
use by | ||
a person with disabilities which does not
display person with | ||
disabilities registration
plates or a special decal or device | ||
as required under this Section.
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(c) Any person found guilty of violating the provisions of | ||
subsection (a) shall be fined $250 in addition to any costs or | ||
charges connected
with the removal or storage of any motor | ||
vehicle authorized under this
Section; but municipalities by | ||
ordinance may impose a fine up to $350
and shall display signs | ||
indicating the fine imposed. If the amount of
the fine is | ||
subsequently changed, the municipality shall change the sign to
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indicate the current amount of the fine.
It shall not be a | ||
defense to a charge under this Section that either the sign | ||
posted
pursuant to this
Section or the intended accessible | ||
parking place does not comply with the technical requirements | ||
of Section 11-301,
Department
regulations, or local ordinance | ||
if a reasonable person would be made aware by
the
sign or | ||
notice on or near the parking place that the place is reserved | ||
for a
person
with
disabilities.
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(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) a first time shall be fined $600 $500. Any | ||
person found guilty of violating subsection (a-1) a second time | ||
shall be fined $750. Any person found guilty of violating | ||
subsection (a-1) a third or subsequent time shall be fined | ||
$1,000. The circuit clerk shall distribute 50% of the fine | ||
imposed on any person who is found guilty of or pleads guilty | ||
to violating this Section, including any person placed on court | ||
supervision for violating this Section, to the law enforcement | ||
agency that issued the citation or made the arrest. If more | ||
than one law enforcement agency is responsible for issuing the | ||
citation or making the arrest, the 50% of the fine imposed | ||
shall be shared equally.
If an officer of the Secretary of | ||
State Department of Police arrested a person for a violation of | ||
this Section, 50% of the fine imposed shall be deposited into | ||
the Secretary of State Police Services Fund. | ||
(d) Local authorities shall impose fines as established in | ||
subsections
(c) and (c-1) for violations of this Section.
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(e) As used in this Section, "authorized holder" means an | ||
individual
issued a disability
license plate under Section | ||
3-616 of this
Code, an individual issued a parking decal or | ||
device
under Section 11-1301.2 of this Code, or an individual | ||
issued a disabled veteran's license plate under Section 3-609 | ||
of this Code. | ||
(f) Any person who commits a violation of subsection (a-1) | ||
may have his or her driving privileges suspended or revoked by | ||
the Secretary of State for a period of time determined by the | ||
Secretary of State. The Secretary of State may also suspend or | ||
revoke the disability license plates or parking decal or device | ||
for a period of time determined by the Secretary of State.
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(g) Any police officer may seize the parking decal
or | ||
device from any person who commits a violation of this Section. | ||
Any police officer may seize the disability license plate upon | ||
authorization from the Secretary of State. Any police officer | ||
may request that the Secretary of State revoke the parking | ||
decal or device or the disability license plate of any person | ||
who commits a violation of this Section. | ||
(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | ||
eff. 7-2-10; 96-1000, eff. 7-2-10.)
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(625 ILCS 5/11-1301.5)
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Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
license plate or parking decal or device. | ||
(a) As used in this Section:
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"Fictitious disability license plate or parking decal or
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device" means any issued disability license plate or parking
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decal
or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, that has been issued | ||
by the Secretary of State or an authorized unit
of local | ||
government that was issued based upon false information | ||
contained on
the required application.
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"False information" means any incorrect or inaccurate | ||
information
concerning
the name, date of birth, social security | ||
number, driver's license number,
physician certification, or | ||
any other information required on the Persons with Disabilities | ||
Certification for Plate or Parking Placard, on the Application | ||
for Replacement Disability Parking Placard, or on the
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application
for license plates issued to disabled veterans | ||
under Section 3-609 of this Code, that
falsifies the content of | ||
the application.
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"Unlawfully altered disability
license plate or parking
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permit or device" means any disability license plate or parking
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permit or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, issued by the | ||
Secretary of State or an authorized unit of
local government | ||
that has been physically altered or changed in such manner
that | ||
false information appears on the license plate or parking decal | ||
or device.
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"Authorized holder" means an individual issued a | ||
disability
license plate under Section 3-616 of this Code or an | ||
individual issued a parking decal or device under Section | ||
11-1301.2 of this Code, or an individual issued a disabled | ||
veteran's license plate under Section 3-609 of this Code.
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(b) It is a violation of this Section for any person:
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(1) to knowingly possess any fictitious or unlawfully | ||
altered disability license plate or parking decal or | ||
device;
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(2) to knowingly issue or assist in the issuance of, by | ||
the Secretary of
State or unit of local government, any | ||
fictitious disability
license plate or parking decal or | ||
device;
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(3) to knowingly alter any disability license plate or
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parking decal or device;
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(4) to knowingly manufacture, possess, transfer, or | ||
provide any
documentation used in the application process | ||
whether real or fictitious, for
the purpose of obtaining a | ||
fictitious disability license plate or
parking decal or | ||
device;
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(5) to knowingly provide any false information to the | ||
Secretary of State
or a unit of local government in order | ||
to obtain a disability
license plate or parking decal or | ||
device; or
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(6) to knowingly transfer a disability license plate or
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parking decal or device for the purpose of exercising the | ||
privileges granted
to an authorized holder of a disability
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license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder; or .
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(7) for a physician, physician assistant, or advanced | ||
practice nurse to knowingly falsify a certification that a | ||
person is a person with disabilities as defined by Section | ||
1-159.1 of this Code. | ||
(c) Sentence.
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(1) Any person convicted of a violation of paragraph | ||
(1), (2), (3), (4), or (5), or (7) of subsection (b) of | ||
this Section shall be guilty of
a Class A misdemeanor and | ||
fined not less than $1,000 $500 for a first offense and | ||
shall be guilty of a Class 4 felony and fined not less than | ||
$2,000 $1,000 for a second or subsequent offense. Any | ||
person convicted of a violation of subdivision (b)(6) of | ||
this Section is guilty of a Class A misdemeanor and shall | ||
be fined not less than $1,000 $500 for a first offense and | ||
not less than $2,000 $1,000 for a second or subsequent | ||
offense. The circuit clerk shall distribute one-half of any | ||
fine imposed on any person who is found guilty of or pleads | ||
guilty to violating this Section, including any person | ||
placed on court supervision for violating this Section, to | ||
the law enforcement agency that issued the citation or made | ||
the arrest. If more than one law enforcement agency is | ||
responsible for issuing the citation or making the arrest, | ||
one-half of the fine imposed shall be shared equally.
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(2) Any person who commits a violation of this Section | ||
may have his
or her driving privileges suspended or revoked | ||
by the Secretary of State for a
period of time determined | ||
by the Secretary of State. The Secretary of State may | ||
suspend or revoke the parking decal or device or the | ||
disability license plate of any person who commits a | ||
violation of this Section.
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(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of | ||
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
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(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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