HB6220ham001 93RD GENERAL ASSEMBLY

Rep. Paul D. Froehlich

Filed: 3/31/2004

09300HB6220ham001 LRB093 15459 DRH 49254 a

AMENDMENT TO HOUSE BILL 6220

AMENDMENT NO. ______. Amend House Bill 6220 by replacing everything after the enacting clause with the following:

4		"Section 5. The Illinois Vehicle Code is amended by
5		changing Sections 6-113, 6-118, 6-203.1, 6-206, 6-206.1,
6		6-208.1, 6-303, 11-500, 11-501 and adding Section 11-501.9 as
7		follows:
8		(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
9		Sec. 6-113. Restricted licenses and permits.
10		(a) The Secretary of State upon issuing a drivers license
11		or permit shall have the authority whenever good cause appears
12		to impose restrictions suitable to the licensee's driving
13		ability with respect to the type of, or special mechanical
14		control devices required on, a motor vehicle which the licensee
15		may operate or such other restrictions applicable to the
16		licensee as the Secretary of State may determine to be
17		appropriate to assure the safe operation of a motor vehicle by
18		the licensee.
19		(b) The Secretary of State may either issue a special
20		restricted license or permit or may set forth such restrictions
21		upon the usual license or permit form.
22		(c) The Secretary of State may issue a probationary license
23		to a person whose driving privileges have been suspended
24		pursuant to subsection (d) of this Section or subsections

1		(a)(2), (a)(19) and (a)(20) of Section 6-206 of this Code. The
2		Secretary of State shall promulgate rules pursuant to The
3		Illinois Administrative Procedure Act, setting forth the
4		conditions and criteria for the issuance and cancellation of
5		probationary licenses.
6		(d) The Secretary of State may upon receiving satisfactory
7		evidence of any violation of the restrictions of such license
8		or permit suspend, revoke or cancel the same without
9		preliminary hearing, but the licensee or permittee shall be
10		entitled to a hearing as in the case of a suspension or
11		revocation.
12		(e) It is unlawful for any person to operate a motor
13		vehicle in any manner in violation of the restrictions imposed
14		on a restricted license or permit issued to him.
15		(f) Whenever the holder of a restricted driving permit is
16		issued a citation for any of the following offenses including
17		similar local ordinances, the restricted driving permit is
18		immediately invalidated:
19		1. Reckless homicide resulting from the operation of a
20		motor vehicle;
21		2. Violation of Section 11-501 of this Act relating to
22		the operation of a motor vehicle while under the influence
23		of intoxicating liquor or narcotic drugs;
24		3. Violation of Section 11-401 of this Act relating to
25		the offense of leaving the scene of a traffic accident
26		involving death or injury; or
27		4. Violation of Section 11-504 of this Act relating to
28		the offense of drag racing;
29		The police officer issuing the citation shall confiscate
30		the restricted driving permit and forward it, along with the
31		citation, to the Clerk of the Circuit Court of the county in
32		which the citation was issued.
33		(g) The Secretary of State may issue a special restricted
34		license for a period of 12 months to individuals using vision

1		aid arrangements other than standard eyeglasses or contact
2		lenses, allowing the operation of a motor vehicle during
3		nighttime hours. The Secretary of State shall adopt rules
4		defining the terms and conditions by which the individual may
5		obtain and renew this special restricted license. At a minimum,
6		all drivers must meet the following requirements:
7		1. Possess a valid driver's license and have operated a
8		motor vehicle during daylight hours for a period of 12
9		months using vision aid arrangements other than standard
10		eyeglasses or contact lenses.
11		2. Have a driving record that does not include any
12		traffic accidents that occurred during nighttime hours,
13		for which the driver has been found to be at fault, during
14		the 12 months before he or she applied for the special
15		restricted license.
16		3. Successfully complete a road test administered
17		during nighttime hours.
18		At a minimum, all drivers renewing this license must meet
19		the following requirements:
20		1. Successfully complete a road test administered
21		during nighttime hours.
22		2. Have a driving record that does not include any
23		traffic accidents that occurred during nighttime hours,
24		for which the driver has been found to be at fault, during
25		the 12 months before he or she applied for the special
26		restricted license.
27		(h) Any driver issued a special restricted license as
28		defined in subsection (g) whose privilege to drive during
29		nighttime hours has been suspended due to an accident occurring
30		during nighttime hours may request a hearing as provided in
31		Section 2-118 of this Code to contest that suspension. If it is
32		determined that the accident for which the driver was at fault
33		was not influenced by the driver's use of vision aid
34		arrangements other than standard eyeglasses or contact lenses,

1		the Secretary may reinstate that driver's privilege to drive
2		during nighttime hours.
3		(i) Notwithstanding the provisions of Sections 6-208,
4		6-208.1, and 6-208.2, the Secretary of State may, 30 days after
5		the effective date of a suspension pursuant to Section 6-208,
6		6-208.1, or 6-208.2 and in accordance with any rules the
7		Secretary may promulgate, issue a restricted driving permit to
8		a person who has applied for a restricted driver's permit and
9		who has consented to have, at his or her expense, an ignition
10		interlock device installed in his or her vehicle.
11		(Source: P.A. 92-274, eff. 1-1-02.)
12		(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
13		Sec. 6-118. Fees.
14		(a) The fee for licenses and permits under this Article is
15		as follows:
16		Original driver's license.................................$10
17		Original or renewal driver's license
18		issued to 18, 19 and 20 year olds.......................5
19		All driver's licenses for persons
20		age 69 through age 80...................................5
21		All driver's licenses for persons
22		age 81 through age 86...................................2
23		All driver's licenses for persons
24		age 87 or older.........................................0
25		Renewal driver's license (except for
26		applicants ages 18, 19 and 20 or
27		age 69 and older)......................................10
28		Original instruction permit issued to
29		persons (except those age 69 and older)
30		who do not hold or have not previously
31		held an Illinois instruction permit or
32		driver's license.......................................20
33		Instruction permit issued to any person

1		holding an Illinois driver's license
2		who wishes a change in classifications,
3		other than at the time of renewal.......................5
4		Any instruction permit issued to a person
5		age 69 and older........................................5
6		Instruction permit issued to any person,
7		under age 69, not currently holding a
8		valid Illinois driver's license or
9		instruction permit but who has
10		previously been issued either document
11		in Illinois............................................10
12		Restricted driving permit...................................8
13		Duplicate or corrected driver's license
14		or permit...............................................5
15		Duplicate or corrected restricted
16		driving permit..........................................5
17		Original or renewal M or L endorsement......................5
18		SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
19		The fees for commercial driver licenses and permits
20		under Article V shall be as follows:
21		Commercial driver's license:
22		$6 for the CDLIS/AAMVAnet Fund
23		(Commercial Driver's License Information
24		System/American Association of Motor Vehicle
25		Administrators network Trust Fund);
26		$20 for the Motor Carrier Safety Inspection Fund;
27		$10 for the driver's license;
28		and $24 for the CDL:..................................$60
29		Renewal commercial driver's license:
30		$6 for the CDLIS/AAMVAnet Trust Fund;
31		$20 for the Motor Carrier Safety Inspection Fund;
32		$10 for the driver's license; and
33		$24 for the CDL:......................................$60
34		Commercial driver instruction permit

1		issued to any person holding a valid
2		Illinois driver's license for the
3		purpose of changing to a
4		CDL classification: $6 for the
5		CDLIS/AAMVAnet Trust Fund;
6		$20 for the Motor Carrier
7		Safety Inspection Fund; and
8		$24 for the CDL classification........................$50
9		Commercial driver instruction permit
10		issued to any person holding a valid
11		Illinois CDL for the purpose of
12		making a change in a classification,
13		endorsement or restriction.............................$5
14		CDL duplicate or corrected license.........................$5
15		In order to ensure the proper implementation of the Uniform
16		Commercial Driver License Act, Article V of this Chapter, the
17		Secretary of State is empowered to pro-rate the $24 fee for the
18		commercial driver's license proportionate to the expiration
19		date of the applicant's Illinois driver's license.
20		The fee for any duplicate license or permit shall be waived
21		for any person age 60 or older who presents the Secretary of
22		State's office with a police report showing that his license or
23		permit was stolen.
24		No additional fee shall be charged for a driver's license,
25		or for a commercial driver's license, when issued to the holder
26		of an instruction permit for the same classification or type of
27		license who becomes eligible for such license.
28		(b) Any person whose license or privilege to operate a
29		motor vehicle in this State has been suspended or revoked under
30		any provision of Chapter 6, Chapter 11, or Section 7-205,
31		7-303, or 7-702 of the Family Financial Responsibility Law of
32		this Code, shall in addition to any other fees required by this
33		Code, pay a reinstatement fee as follows:
34		Summary suspension under Section 11-501.1.....$250 Other

1		suspension................................................$70
2		Revocation...............................................$500
3		However, any person whose license or privilege to operate a
4		motor vehicle in this State has been suspended or revoked for a
5		second or subsequent time for a violation of Section 11-501 or
6		11-501.1 of this Code or a similar provision of a local
7		ordinance, a violation of or a similar out-of-state offense or
8		Section 9-3 of the Criminal Code of 1961, or a failure to
9		submit to a chemical test or tests of blood, breath, or urine
10		pursuant to Section 11-501.1 or to a preliminary breath
11		screening test or a field sobriety test or tests pursuant to
12		Section 11-501.9 of this Code and each suspension or revocation
13		was for a violation of Section 11-501 or 11-501.1 of this Code
14		or a similar provision of a local ordinance, a violation of or
15		a similar out-of-state offense or Section 9-3 of the Criminal
16		Code of 1961, a violation of any out-of-state offense similar
17		to any of the offenses listed in this subsection (b), or a
18		failure to submit to a chemical test or tests of blood, breath,
19		or urine pursuant to Section 11-501.1 or to a preliminary
20		breath screening test or a field sobriety test or tests
21		pursuant to Section 11-501.9 of this Code or similar provisions
22		of an out-of-state jurisdiction shall pay, in addition to any
23		other fees required by this Code, a reinstatement fee as
24		follows:
25		Summary suspension under Section 11-501.1 or 11-501.9 ...$500
26		Revocation...............................................$500
27		(c) All fees collected under the provisions of this Chapter
28		6 shall be paid into the Road Fund in the State Treasury except
29		as follows:
30		1. The following amounts shall be paid into the Driver
31		Education Fund:
32		(A) $16 of the $20 fee for an original driver's
33		instruction permit;
34		(B) $5 of the $20 fee for an original driver's

1		license;
2		(C) $5 of the $20 fee for a 4 year renewal driver's
3		license; and
4		(D) $4 of the $8 fee for a restricted driving
5		permit.
6		2. $30 of the $250 fee for reinstatement of a license
7		summarily suspended under Section 11-501.1 or 11-501.9
8		shall be deposited into the Drunk and Drugged Driving
9		Prevention Fund. However, for a person whose license or
10		privilege to operate a motor vehicle in this State has been
11		suspended or revoked for a second or subsequent time for a
12		violation of Section 11-501 or 11-501.1 of this Code or a
13		similar provision of a local ordinance, a violation of or
14		Section 9-3 of the Criminal Code of 1961, a violation of
15		any out-of-state offense similar to any of the offenses
16		listed in this paragraph (2) of subsection (c), or a
17		failure to submit to a chemical test or tests of blood,
18		breath, or urine pursuant to Section 11-501.1 or to a
19		preliminary breath screening test or a field sobriety test
20		or tests pursuant to Section 11-501.9 of this Code or
21		similar provisions of an out-of-state jurisdiction, $190
22		of the $500 fee for reinstatement of a license summarily
23		suspended under Section 11-501.1 or 11-501.9, and $190 of
24		the $500 fee for reinstatement of a revoked license shall
25		be deposited into the Drunk and Drugged Driving Prevention
26		Fund.
27		3. $6 of such original or renewal fee for a commercial
28		driver's license and $6 of the commercial driver
29		instruction permit fee when such permit is issued to any
30		person holding a valid Illinois driver's license, shall be
31		paid into the CDLIS/AAMVAnet Trust Fund.
32		4. $30 of the $70 fee for reinstatement of a license
33		suspended under the Family Financial Responsibility Law
34		shall be paid into the Family Responsibility Fund.

1		5. The $5 fee for each original or renewal M or L
2		endorsement shall be deposited into the Cycle Rider Safety
3		Training Fund.
4		6. $20 of any original or renewal fee for a commercial
5		driver's license or commercial driver instruction permit
6		shall be paid into the Motor Carrier Safety Inspection
7		Fund.
8		7. The following amounts shall be paid into the General
9		Revenue Fund:
10		(A) $190 of the $250 reinstatement fee for a
11		summary suspension under Section 11-501.1;
12		(B) $40 of the $70 reinstatement fee for any other
13		suspension provided in subsection (b) of this Section;
14		and
15		(C) $440 of the $500 reinstatement fee for a first
16		offense revocation and $310 of the $500 reinstatement
17		fee for a second or subsequent revocation.
18		(Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.)
19		(625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
20		Sec. 6-203.1. (a) The Secretary of State is authorized to
21		suspend the driving privileges of a person persons :
22		(1) arrested in another state for driving under the
23		influence of alcohol, other drug or drugs, or intoxicating
24		compound or compounds, or any combination thereof, or a
25		similar provision, and who has refused to submit to a
26		chemical test or tests, or to a preliminary breath
27		screening test or a field sobriety test or tests under the
28		provisions of implied consent, or .
29		(2) requested to submit to a preliminary breath
30		screening test or a field sobriety test or tests in another
31		state under provisions of implied consent and who has
32		refused to submit to the test or tests.
33		(b) When a driving privilege has been suspended for a

1		refusal as provided in paragraph (a) and the person is
2		subsequently convicted of the underlying charge, for the same
3		incident, any period served on suspension shall be credited
4		toward the minimum period of revocation of driving privileges
5		imposed pursuant to Section 6-206.
6		(Source: P.A. 90-779, eff. 1-1-99.)
7		(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
8		Sec. 6-206. Discretionary authority to suspend or revoke
9		license or permit; Right to a hearing.
10		(a) The Secretary of State is authorized to suspend or
11		revoke the driving privileges of any person without preliminary
12		hearing upon a showing of the person's records or other
13		sufficient evidence that the person:
14		1. Has committed an offense for which mandatory
15		revocation of a driver's license or permit is required upon
16		conviction;
17		2. Has been convicted of not less than 3 offenses
18		against traffic regulations governing the movement of
19		vehicles committed within any 12 month period. No
20		revocation or suspension shall be entered more than 6
21		months after the date of last conviction;
22		3. Has been repeatedly involved as a driver in motor
23		vehicle collisions or has been repeatedly convicted of
24		offenses against laws and ordinances regulating the
25		movement of traffic, to a degree that indicates lack of
26		ability to exercise ordinary and reasonable care in the
27		safe operation of a motor vehicle or disrespect for the
28		traffic laws and the safety of other persons upon the
29		highway;
30		4. Has by the unlawful operation of a motor vehicle
31		caused or contributed to an accident resulting in death or
32		injury requiring immediate professional treatment in a
33		medical facility or doctor's office to any person, except

1		that any suspension or revocation imposed by the Secretary
2		of State under the provisions of this subsection shall
3		start no later than 6 months after being convicted of
4		violating a law or ordinance regulating the movement of
5		traffic, which violation is related to the accident, or
6		shall start not more than one year after the date of the
7		accident, whichever date occurs later;
8		5. Has permitted an unlawful or fraudulent use of a
9		driver's license, identification card, or permit;
10		6. Has been lawfully convicted of an offense or
11		offenses in another state, including the authorization
12		contained in Section 6-203.1, which if committed within
13		this State would be grounds for suspension or revocation;
14		7. Has refused or failed to submit to an examination
15		provided for by Section 6-207 or has failed to pass the
16		examination;
17		8. Is ineligible for a driver's license or permit under
18		the provisions of Section 6-103;
19		9. Has made a false statement or knowingly concealed a
20		material fact or has used false information or
21		identification in any application for a license,
22		identification card, or permit;
23		10. Has possessed, displayed, or attempted to
24		fraudulently use any license, identification card, or
25		permit not issued to the person;
26		11. Has operated a motor vehicle upon a highway of this
27		State when the person's driving privilege or privilege to
28		obtain a driver's license or permit was revoked or
29		suspended unless the operation was authorized by a judicial
30		driving permit, probationary license to drive, or a
31		restricted driving permit issued under this Code;
32		12. Has submitted to any portion of the application
33		process for another person or has obtained the services of
34		another person to submit to any portion of the application

1		process for the purpose of obtaining a license,
2		identification card, or permit for some other person;
3		13. Has operated a motor vehicle upon a highway of this
4		State when the person's driver's license or permit was
5		invalid under the provisions of Sections 6-107.1 and 6-110;
6		14. Has committed a violation of Section 6-301,
7		6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
8		of the Illinois Identification Card Act;
9		15. Has been convicted of violating Section 21-2 of the
10		Criminal Code of 1961 relating to criminal trespass to
11		vehicles in which case, the suspension shall be for one
12		year;
13		16. Has been convicted of violating Section 11-204 of
14		this Code relating to fleeing from a peace officer;
15		17. Has refused to submit to a test, or tests, as
16		required under Section 11-501.1 or 11-501.9 of this Code
17		and the person has not sought a hearing as provided for in
18		Section 11-501.1;
19		18. Has, since issuance of a driver's license or
20		permit, been adjudged to be afflicted with or suffering
21		from any mental disability or disease;
22		19. Has committed a violation of paragraph (a) or (b)
23		of Section 6-101 relating to driving without a driver's
24		license;
25		20. Has been convicted of violating Section 6-104
26		relating to classification of driver's license;
27		21. Has been convicted of violating Section 11-402 of
28		this Code relating to leaving the scene of an accident
29		resulting in damage to a vehicle in excess of $1,000, in
30		which case the suspension shall be for one year;
31		22. Has used a motor vehicle in violating paragraph
32		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
33		the Criminal Code of 1961 relating to unlawful use of
34		weapons, in which case the suspension shall be for one

1		year;
2		23. Has, as a driver, been convicted of committing a
3		violation of paragraph (a) of Section 11-502 of this Code
4		for a second or subsequent time within one year of a
5		similar violation;
6		24. Has been convicted by a court-martial or punished
7		by non-judicial punishment by military authorities of the
8		United States at a military installation in Illinois of or
9		for a traffic related offense that is the same as or
10		similar to an offense specified under Section 6-205 or
11		6-206 of this Code;
12		25. Has permitted any form of identification to be used
13		by another in the application process in order to obtain or
14		attempt to obtain a license, identification card, or
15		permit;
16		26. Has altered or attempted to alter a license or has
17		possessed an altered license, identification card, or
18		permit;
19		27. Has violated Section 6-16 of the Liquor Control Act
20		of 1934;
21		28. Has been convicted of the illegal possession, while
22		operating or in actual physical control, as a driver, of a
23		motor vehicle, of any controlled substance prohibited
24		under the Illinois Controlled Substances Act or any
25		cannabis prohibited under the provisions of the Cannabis
26		Control Act, in which case the person's driving privileges
27		shall be suspended for one year, and any driver who is
28		convicted of a second or subsequent offense, within 5 years
29		of a previous conviction, for the illegal possession, while
30		operating or in actual physical control, as a driver, of a
31		motor vehicle, of any controlled substance prohibited
32		under the provisions of the Illinois Controlled Substances
33		Act or any cannabis prohibited under the Cannabis Control
34		Act shall be suspended for 5 years. Any defendant found

1		guilty of this offense while operating a motor vehicle,
2		shall have an entry made in the court record by the
3		presiding judge that this offense did occur while the
4		defendant was operating a motor vehicle and order the clerk
5		of the court to report the violation to the Secretary of
6		State;
7		29. Has been convicted of the following offenses that
8		were committed while the person was operating or in actual
9		physical control, as a driver, of a motor vehicle: criminal
10		sexual assault, predatory criminal sexual assault of a
11		child, aggravated criminal sexual assault, criminal sexual
12		abuse, aggravated criminal sexual abuse, juvenile pimping,
13		soliciting for a juvenile prostitute and the manufacture,
14		sale or delivery of controlled substances or instruments
15		used for illegal drug use or abuse in which case the
16		driver's driving privileges shall be suspended for one
17		year;
18		30. Has been convicted a second or subsequent time for
19		any combination of the offenses named in paragraph 29 of
20		this subsection, in which case the person's driving
21		privileges shall be suspended for 5 years;
22		31. Has refused to submit to a test as required by
23		Section 11-501.6 or has submitted to a test resulting in an
24		alcohol concentration of 0.08 or more or any amount of a
25		drug, substance, or compound resulting from the unlawful
26		use or consumption of cannabis as listed in the Cannabis
27		Control Act, a controlled substance as listed in the
28		Illinois Controlled Substances Act, or an intoxicating
29		compound as listed in the Use of Intoxicating Compounds
30		Act, in which case the penalty shall be as prescribed in
31		Section 6-208.1;
32		32. Has been convicted of Section 24-1.2 of the
33		Criminal Code of 1961 relating to the aggravated discharge
34		of a firearm if the offender was located in a motor vehicle

1		at the time the firearm was discharged, in which case the
2		suspension shall be for 3 years;
3		33. Has as a driver, who was less than 21 years of age
4		on the date of the offense, been convicted a first time of
5		a violation of paragraph (a) of Section 11-502 of this Code
6		or a similar provision of a local ordinance;
7		34. Has committed a violation of Section 11-1301.5 of
8		this Code;
9		35. Has committed a violation of Section 11-1301.6 of
10		this Code;
11		36. Is under the age of 21 years at the time of arrest
12		and has been convicted of not less than 2 offenses against
13		traffic regulations governing the movement of vehicles
14		committed within any 24 month period. No revocation or
15		suspension shall be entered more than 6 months after the
16		date of last conviction;
17		37. Has committed a violation of subsection (c) of
18		Section 11-907 of this Code;
19		38. Has been convicted of a violation of Section 6-20
20		of the Liquor Control Act of 1934 or a similar provision of
21		a local ordinance; or
22		39. Has committed a second or subsequent violation of
23		Section 11-1201 of this Code.
24		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25		and 27 of this subsection, license means any driver's license,
26		any traffic ticket issued when the person's driver's license is
27		deposited in lieu of bail, a suspension notice issued by the
28		Secretary of State, a duplicate or corrected driver's license,
29		a probationary driver's license or a temporary driver's
30		license.
31		(b) If any conviction forming the basis of a suspension or
32		revocation authorized under this Section is appealed, the
33		Secretary of State may rescind or withhold the entry of the
34		order of suspension or revocation, as the case may be, provided

1		that a certified copy of a stay order of a court is filed with
2		the Secretary of State. If the conviction is affirmed on
3		appeal, the date of the conviction shall relate back to the
4		time the original judgment of conviction was entered and the 6
5		month limitation prescribed shall not apply.
6		(c) 1. Upon suspending or revoking the driver's license or
7		permit of any person as authorized in this Section, the
8		Secretary of State shall immediately notify the person in
9		writing of the revocation or suspension. The notice to be
10		deposited in the United States mail, postage prepaid, to
11		the last known address of the person.
12		2. If the Secretary of State suspends the driver's
13		license of a person under subsection 2 of paragraph (a) of
14		this Section, a person's privilege to operate a vehicle as
15		an occupation shall not be suspended, provided an affidavit
16		is properly completed, the appropriate fee received, and a
17		permit issued prior to the effective date of the
18		suspension, unless 5 offenses were committed, at least 2 of
19		which occurred while operating a commercial vehicle in
20		connection with the driver's regular occupation. All other
21		driving privileges shall be suspended by the Secretary of
22		State. Any driver prior to operating a vehicle for
23		occupational purposes only must submit the affidavit on
24		forms to be provided by the Secretary of State setting
25		forth the facts of the person's occupation. The affidavit
26		shall also state the number of offenses committed while
27		operating a vehicle in connection with the driver's regular
28		occupation. The affidavit shall be accompanied by the
29		driver's license. Upon receipt of a properly completed
30		affidavit, the Secretary of State shall issue the driver a
31		permit to operate a vehicle in connection with the driver's
32		regular occupation only. Unless the permit is issued by the
33		Secretary of State prior to the date of suspension, the
34		privilege to drive any motor vehicle shall be suspended as

1		set forth in the notice that was mailed under this Section.
2		If an affidavit is received subsequent to the effective
3		date of this suspension, a permit may be issued for the
4		remainder of the suspension period.
5		The provisions of this subparagraph shall not apply to
6		any driver required to obtain a commercial driver's license
7		under Section 6-507 during the period of a disqualification
8		of commercial driving privileges under Section 6-514.
9		Any person who falsely states any fact in the affidavit
10		required herein shall be guilty of perjury under Section
11		6-302 and upon conviction thereof shall have all driving
12		privileges revoked without further rights.
13		3. At the conclusion of a hearing under Section 2-118
14		of this Code, the Secretary of State shall either rescind
15		or continue an order of revocation or shall substitute an
16		order of suspension; or, good cause appearing therefor,
17		rescind, continue, change, or extend the order of
18		suspension. If the Secretary of State does not rescind the
19		order, the Secretary may upon application, to relieve undue
20		hardship, issue a restricted driving permit granting the
21		privilege of driving a motor vehicle between the
22		petitioner's residence and petitioner's place of
23		employment or within the scope of his employment related
24		duties, or to allow transportation for the petitioner, or a
25		household member of the petitioner's family, to receive
26		necessary medical care and if the professional evaluation
27		indicates, provide transportation for alcohol remedial or
28		rehabilitative activity, or for the petitioner to attend
29		classes, as a student, in an accredited educational
30		institution; if the petitioner is able to demonstrate that
31		no alternative means of transportation is reasonably
32		available and the petitioner will not endanger the public
33		safety or welfare.
34		If a person's license or permit has been revoked or

1		suspended due to 2 or more convictions of violating Section
2		11-501 of this Code or a similar provision of a local
3		ordinance or a similar out-of-state offense, arising out of
4		separate occurrences, that person, if issued a restricted
5		driving permit, may not operate a vehicle unless it has
6		been equipped with an ignition interlock device as defined
7		in Section 1-129.1.
8		If a person's license or permit has been revoked or
9		suspended 2 or more times within a 10 year period due to a
10		single conviction of violating Section 11-501 of this Code
11		or a similar provision of a local ordinance or a similar
12		out-of-state offense, and a statutory summary suspension
13		under Section 11-501.1, or 2 or more statutory summary
14		suspensions, or combination of 2 offenses, or of an offense
15		and a statutory summary suspension, arising out of separate
16		occurrences, that person, if issued a restricted driving
17		permit, may not operate a vehicle unless it has been
18		equipped with an ignition interlock device as defined in
19		Section 1-129.1. The person must pay to the Secretary of
20		State DUI Administration Fund an amount not to exceed $20
21		per month. The Secretary shall establish by rule the amount
22		and the procedures, terms, and conditions relating to these
23		fees. If the restricted driving permit was issued for
24		employment purposes, then this provision does not apply to
25		the operation of an occupational vehicle owned or leased by
26		that person's employer. In each case the Secretary may
27		issue a restricted driving permit for a period deemed
28		appropriate, except that all permits shall expire within
29		one year from the date of issuance. The Secretary may not,
30		however, issue a restricted driving permit to any person
31		whose current revocation is the result of a second or
32		subsequent conviction for a violation of Section 11-501 of
33		this Code or a similar provision of a local ordinance
34		relating to the offense of operating or being in physical

1		control of a motor vehicle while under the influence of
2		alcohol, other drug or drugs, intoxicating compound or
3		compounds, or any similar out-of-state offense, or any
4		combination of those offenses, until the expiration of at
5		least one year from the date of the revocation. A
6		restricted driving permit issued under this Section shall
7		be subject to cancellation, revocation, and suspension by
8		the Secretary of State in like manner and for like cause as
9		a driver's license issued under this Code may be cancelled,
10		revoked, or suspended; except that a conviction upon one or
11		more offenses against laws or ordinances regulating the
12		movement of traffic shall be deemed sufficient cause for
13		the revocation, suspension, or cancellation of a
14		restricted driving permit. The Secretary of State may, as a
15		condition to the issuance of a restricted driving permit,
16		require the applicant to participate in a designated driver
17		remedial or rehabilitative program. The Secretary of State
18		is authorized to cancel a restricted driving permit if the
19		permit holder does not successfully complete the program.
20		(c-5) The Secretary of State may, as a condition of the
21		reissuance of a driver's license or permit to an applicant
22		whose driver's license or permit has been suspended before he
23		or she reached the age of 18 years pursuant to any of the
24		provisions of this Section, require the applicant to
25		participate in a driver remedial education course and be
26		retested under Section 6-109 of this Code.
27		(d) This Section is subject to the provisions of the
28		Drivers License Compact.
29		(e) The Secretary of State shall not issue a restricted
30		driving permit to a person under the age of 16 years whose
31		driving privileges have been suspended or revoked under any
32		provisions of this Code.
33		(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
34		92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.

1		1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)
2		(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
3		Sec. 6-206.1. Judicial Driving Permit. Declaration of
4		Policy. It is hereby declared a policy of the State of Illinois
5		that the driver who is impaired by alcohol, other drug or
6		drugs, or intoxicating compound or compounds is a threat to the
7		public safety and welfare. Therefore, to provide a deterrent to
8		such practice and to remove problem drivers from the highway, a
9		statutory summary driver's license suspension is appropriate.
10		It is also recognized that driving is a privilege and
11		therefore, that in some cases the granting of limited driving
12		privileges, where consistent with public safety, is warranted
13		during the period of suspension in the form of a judicial
14		driving permit to drive for the purpose of employment,
15		receiving drug treatment or medical care, and educational
16		pursuits, where no alternative means of transportation is
17		available.
18		The following procedures shall apply whenever a first
19		offender is arrested for any offense as defined in Section
20		11-501 or a similar provision of a local ordinance:
21		(a) Subsequent to a notification of a statutory summary
22		suspension of driving privileges as provided in Section
23		11-501.1, the first offender as defined in Section 11-500 may
24		petition the circuit court of venue for a Judicial Driving
25		Permit, hereinafter referred as a JDP, to relieve undue
26		hardship. The court may issue a court order, pursuant to the
27		criteria contained in this Section, directing the Secretary of
28		State to issue such a JDP to the petitioner. Except as provided
29		in subsection (f-1) of Section 6-208.1, a JDP shall not become
30		effective prior to the 31st day of the original statutory
31		summary suspension. A JDP and shall always be subject to the
32		following criteria:
33		1. If ordered for the purposes of employment, the JDP

1		shall be only for the purpose of providing the petitioner
2		the privilege of driving a motor vehicle between the
3		petitioner's residence and the petitioner's place of
4		employment and return; or within the scope of the
5		petitioner's employment related duties, shall be effective
6		only during and limited to those specific times and routes
7		actually required to commute or perform the petitioner's
8		employment related duties.
9		2. The court, by a court order, may also direct the
10		Secretary of State to issue a JDP to allow transportation
11		for the petitioner, or a household member of the
12		petitioner's family, to receive alcohol, drug, or
13		intoxicating compound treatment or medical care, if the
14		petitioner is able to demonstrate that no alternative means
15		of transportation is reasonably available. Such JDP shall
16		be effective only during the specific times actually
17		required to commute.
18		3. The court, by a court order, may also direct the
19		Secretary of State to issue a JDP to allow transportation
20		by the petitioner for educational purposes upon
21		demonstrating that there are no alternative means of
22		transportation reasonably available to accomplish those
23		educational purposes. Such JDP shall be only for the
24		purpose of providing transportation to and from the
25		petitioner's residence and the petitioner's place of
26		educational activity, and only during the specific times
27		and routes actually required to commute or perform the
28		petitioner's educational requirement.
29		4. The Court shall not issue an order granting a JDP
30		to:
31		(i) Any person unless and until the court, after
32		considering the results of a current professional
33		evaluation of the person's alcohol or other drug use by
34		an agency pursuant to Section 15-10 of the Alcoholism

1		and Other Drug Abuse and Dependency Act and other
2		appropriate investigation of the person, is satisfied
3		that granting the privilege of driving a motor vehicle
4		on the highways will not endanger the public safety or
5		welfare.
6		(ii) Any person who has been convicted of reckless
7		homicide within the previous 5 years.
8		(iii) Any person whose privilege to operate a motor
9		vehicle was invalid at the time of arrest for the
10		current violation of Section 11-501, or a similar
11		provision of a local ordinance, except in cases where
12		the cause for a driver's license suspension has been
13		removed at the time a JDP is effective. In any case,
14		should the Secretary of State enter a suspension or
15		revocation of driving privileges pursuant to the
16		provisions of this Code while the JDP is in effect or
17		pending, the Secretary shall take the prescribed
18		action and provide a notice to the person and the court
19		ordering the issuance of the JDP that all driving
20		privileges, including those provided by the issuance
21		of the JDP, have been withdrawn.
22		(iv) Any person under the age of 18 years.
23		(b) Prior to ordering the issuance of a JDP the Court
24		should consider at least, but not be limited to, the following
25		issues:
26		1. Whether the person is employed and no other means of
27		commuting to the place of employment is available or that
28		the person must drive as a condition of employment. The
29		employer shall certify the hours of employment and the need
30		and parameters necessary for driving as a condition to
31		employment.
32		2. Whether the person must drive to secure alcohol or
33		other medical treatment for himself or a family member.
34		3. Whether the person must drive for educational

1		purposes. The educational institution shall certify the
2		person's enrollment in and academic schedule at the
3		institution.
4		4. Whether the person has been repeatedly convicted of
5		traffic violations or involved in motor vehicle accidents
6		to a degree which indicates disrespect for public safety.
7		5. Whether the person has been convicted of a traffic
8		violation in connection with a traffic accident resulting
9		in the death of any person within the last 5 years.
10		6. Whether the person is likely to obey the limited
11		provisions of the JDP.
12		7. Whether the person has any additional traffic
13		violations pending in any court.
14		For purposes of this Section, programs conducting
15		professional evaluations of a person's alcohol, other drug, or
16		intoxicating compound use must report, to the court of venue,
17		using a form prescribed by the Secretary of State. A copy of
18		such evaluations shall be sent to the Secretary of State by the
19		court. However, the evaluation information shall be privileged
20		and only available to courts and to the Secretary of State, but
21		shall not be admissible in the subsequent trial on the
22		underlying charge.
23		(c) The scope of any court order issued for a JDP under
24		this Section shall be limited to the operation of a motor
25		vehicle as provided for in subsection (a) of this Section and
26		shall specify the petitioner's residence, place of employment
27		or location of educational institution, and the scope of job
28		related duties, if relevant. The JDP shall also specify days of
29		the week and specific hours of the day when the petitioner is
30		able to exercise the limited privilege of operating a motor
31		vehicle. If the Petitioner, who has been granted a JDP, is
32		issued a citation for a traffic related offense, including
33		operating a motor vehicle outside the limitations prescribed in
34		the JDP or a violation of Section 6-303, or is convicted of any

1		such an offense during the term of the JDP, the court shall
2		consider cancellation of the limited driving permit. In any
3		case, if the Petitioner commits an offense, as defined in
4		Section 11-501, or a similar provision of a local ordinance, as
5		evidenced by the issuance of a Uniform Traffic Ticket, the JDP
6		shall be forwarded by the court of venue to the court ordering
7		the issuance of the JDP, for cancellation. The court shall
8		notify the Secretary of State of any such cancellation.
9		(d) The Secretary of State shall, upon receiving a court
10		order from the court of venue, issue a JDP to a successful
11		Petitioner under this Section. Such court order form shall also
12		contain a notification, which shall be sent to the Secretary of
13		State, providing the name, driver's license number and legal
14		address of the successful petitioner, and the full and detailed
15		description of the limitations of the JDP. This information
16		shall be available only to the courts, police officers, and the
17		Secretary of State, except during the actual period the JDP is
18		valid, during which time it shall be a public record. The
19		Secretary of State shall design and furnish to the courts an
20		official court order form to be used by the courts when
21		directing the Secretary of State to issue a JDP.
22		Any submitted court order that contains insufficient data
23		or fails to comply with this Code shall not be utilized for JDP
24		issuance or entered to the driver record but shall be returned
25		to the issuing court indicating why the JDP cannot be so
26		entered. A notice of this action shall also be sent to the JDP
27		petitioner by the Secretary of State.
28		(e) The circuit court of venue may conduct the judicial
29		hearing, as provided in Section 2-118.1, and the JDP hearing
30		provided in this Section, concurrently. Such concurrent
31		hearing shall proceed in the court in the same manner as in
32		other civil proceedings.
33		(f) The circuit court of venue may, as a condition of the
34		issuance of a JDP, prohibit the person from operating a motor

1		vehicle not equipped with an ignition interlock device.
2		(Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127,
3		eff. 1-1-00.)
4		(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
5		Sec. 6-208.1. Period of statutory summary alcohol, other
6		drug, or intoxicating compound related suspension.
7		(a) Unless the statutory summary suspension has been
8		rescinded, any person whose privilege to drive a motor vehicle
9		on the public highways has been summarily suspended, pursuant
10		to Section 11-501.1 or 11-501.9, shall not be eligible for
11		restoration of the privilege until the expiration of:
12		1. Six months from the effective date of the statutory
13		summary suspension for a refusal or failure to complete a
14		test or tests to determine the alcohol, drug, or
15		intoxicating compound concentration, pursuant to Section
16		11-501.1; or for a refusal or failure to complete a
17		preliminary breath screening test or a field sobriety test
18		or tests pursuant to Section 11-501.9; or
19		2. Three months from the effective date of the
20		statutory summary suspension imposed following the
21		person's submission to a chemical test which disclosed an
22		alcohol concentration of 0.08 or more, or any amount of a
23		drug, substance, or intoxicating compound in such person's
24		breath, blood, or urine resulting from the unlawful use or
25		consumption of cannabis listed in the Cannabis Control Act,
26		a controlled substance listed in the Illinois Controlled
27		Substances Act, or an intoxicating compound listed in the
28		Use of Intoxicating Compounds Act, pursuant to Section
29		11-501.1; or
30		3. Three years from the effective date of the statutory
31		summary suspension for any person other than a first
32		offender who refuses or fails to complete a test or tests
33		to determine the alcohol, drug, or intoxicating compound

1		concentration pursuant to Section 11-501.1; or
2		3.1. Two years from the effective date of the statutory
3		summary suspension for any person other than a first
4		offender who refuses or fails to complete a preliminary
5		breath screening test or a field sobriety test or tests
6		pursuant to Section 11-501.9; or
7		4. One year from the effective date of the summary
8		suspension imposed for any person other than a first
9		offender following submission to a chemical test which
10		disclosed an alcohol concentration of 0.08 or more pursuant
11		to Section 11-501.1 or any amount of a drug, substance or
12		compound in such person's blood or urine resulting from the
13		unlawful use or consumption of cannabis listed in the
14		Cannabis Control Act, a controlled substance listed in the
15		Illinois Controlled Substances Act, or an intoxicating
16		compound listed in the Use of Intoxicating Compounds Act.
17		(b) Following a statutory summary suspension of the
18		privilege to drive a motor vehicle under Section 11-501.1 or
19		11-501.9, full driving privileges shall be restored unless the
20		person is otherwise disqualified by this Code. If the court has
21		reason to believe that the person's driving privilege should
22		not be restored, the court shall notify the Secretary of State
23		prior to the expiration of the statutory summary suspension so
24		appropriate action may be taken pursuant to this Code.
25		(c) Full driving privileges may not be restored until all
26		applicable reinstatement fees, as provided by this Code, have
27		been paid to the Secretary of State and the appropriate entry
28		made to the driver's record.
29		(d) Where a driving privilege has been summarily suspended
30		under Section 11-501.1 or 11-501.9 and the person is
31		subsequently convicted of violating Section 11-501, or a
32		similar provision of a local ordinance, for the same incident,
33		any period served on statutory summary suspension shall be
34		credited toward the minimum period of revocation of driving

1		privileges imposed pursuant to Section 6-205.
2		(e) Following a statutory summary suspension of driving
3		privileges pursuant to Section 11-501.1, for a first offender,
4		the circuit court may, after at least 30 days from the
5		effective date of the statutory summary suspension or as
6		provided in subsection (e-1), issue a judicial driving permit
7		as provided in Section 6-206.1.
8		(e-1) Following a statutory summary suspension of driving
9		privileges under Section 11-501.1 for a first offender, if that
10		person also (i) has never received a disposition of supervision
11		for any offense as defined in Section 11-501 or a similar
12		provision of a local ordinance and (ii) submitted to field
13		sobriety tests under Section 11-501.9 before the statutory
14		summary suspension was imposed under Section 11-501.1, the
15		circuit court may, at any time after the statutory summary
16		suspension has been imposed, issue a judicial driving permit
17		under Section 6-206.1.
18		(f) Subsequent to an arrest of a first offender, for any
19		offense as defined in Section 11-501 or a similar provision of
20		a local ordinance, following a statutory summary suspension of
21		driving privileges pursuant to Section 11-501.1, for a first
22		offender, the circuit court may issue a court order directing
23		the Secretary of State to issue a judicial driving permit as
24		provided in Section 6-206.1. Except as provided in subsection
25		(e-1), however, this JDP shall not be effective prior to the
26		31st day of the statutory summary suspension.
27		(f-1) Following a statutory summary suspension of driving
28		privileges pursuant to Section 11-501.9, for a first offender,
29		the Secretary of State may, after at least 30 days from the
30		effective date of the statutory summary suspension, issue a
31		restricted driving permit as provided in subsection (g) of
32		Section 11-501.9.
33		(g) Following a statutory summary suspension of driving
34		privileges pursuant to Section 11-501.1 where the person was

1		not a first offender, as defined in Section 11-500, or a
2		preliminary breath screening test or a field sobriety test or
3		tests the Secretary of State may not issue a restricted driving
4		permit.
5		(h) (Blank).
6		(i) When a person has refused to submit to or failed to
7		complete a chemical test or tests of blood, breath, or urine
8		pursuant to Section 11-501.1 or to a preliminary breath
9		screening test or a field sobriety test or tests pursuant to
10		Section 11-501.9, the person's driving privileges shall be
11		statutorily suspended under the provisions of both Sections,
12		but the periods of statutory suspension shall run concurrently.
13		(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)
14		(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
15		Sec. 6-303. Driving while driver's license, permit or
16		privilege to operate a motor vehicle is suspended or revoked.
17		(a) Any person who drives or is in actual physical control
18		of a motor vehicle on any highway of this State at a time when
19		such person's driver's license, permit or privilege to do so or
20		the privilege to obtain a driver's license or permit is revoked
21		or suspended as provided by this Code or the law of another
22		state, except as may be specifically allowed by and subject to
23		the conditions of a judicial driving permit, family financial
24		responsibility driving permit, probationary license to drive,
25		or a restricted driving permit issued pursuant to this Code or
26		under the law of another state, shall be guilty of a Class A
27		misdemeanor.
28		(b) The Secretary of State upon receiving a report of the
29		conviction of any violation indicating a person was operating a
30		motor vehicle during the time when said person's driver's
31		license, permit or privilege was suspended by the Secretary, by
32		the appropriate authority of another state, or pursuant to
33		Section 11-501.1 or 11-501.9, ; except as may be specifically

1		allowed by a probationary license to drive, judicial driving
2		permit or restricted driving permit issued pursuant to this
3		Code or the law of another state; shall extend the suspension
4		for the same period of time as the originally imposed
5		suspension; however, if the period of suspension has then
6		expired, the Secretary shall be authorized to suspend said
7		person's driving privileges for the same period of time as the
8		originally imposed suspension; and if the conviction was upon a
9		charge which indicated that a vehicle was operated during the
10		time when the person's driver's license, permit or privilege
11		was revoked; except as may be allowed by a restricted driving
12		permit issued pursuant to this Code or the law of another
13		state; the Secretary shall not issue a driver's license for an
14		additional period of one year from the date of such conviction
15		indicating such person was operating a vehicle during such
16		period of revocation.
17		(c) Any person convicted of violating this Section shall
18		serve a minimum term of imprisonment of 10 consecutive days or
19		30 days of community service when the person's driving
20		privilege was revoked or suspended as a result of:
21		(1) a violation of Section 11-501 of this Code or a
22		similar provision of a local ordinance relating to the
23		offense of operating or being in physical control of a
24		vehicle while under the influence of alcohol, any other
25		drug or any combination thereof; or
26		(2) a violation of paragraph (b) of Section 11-401 of
27		this Code or a similar provision of a local ordinance
28		relating to the offense of leaving the scene of a motor
29		vehicle accident involving personal injury or death; or
30		(3) a violation of Section 9-3 of the Criminal Code of
31		1961, as amended, relating to the offense of reckless
32		homicide; or
33		(4) a statutory summary suspension under Section
34		11-501.1 or 11-501.9 of this Code.

1		Such sentence of imprisonment or community service shall
2		not be subject to suspension in order to reduce such sentence.
3		(c-1) Except as provided in subsection (d), any person
4		convicted of a second violation of this Section shall be
5		ordered by the court to serve a minimum of 100 hours of
6		community service.
7		(c-2) In addition to other penalties imposed under this
8		Section, the court may impose on any person convicted a fourth
9		time of violating this Section any of the following:
10		(1) Seizure of the license plates of the person's
11		vehicle.
12		(2) Immobilization of the person's vehicle for a period
13		of time to be determined by the court.
14		(d) Any person convicted of a second violation of this
15		Section shall be guilty of a Class 4 felony and shall serve a
16		minimum term of imprisonment of 30 days or 300 hours of
17		community service, as determined by the court, if the
18		revocation or suspension was for a violation of Section 11-401
19		or 11-501 of this Code, or a similar out-of-state offense, or a
20		similar provision of a local ordinance, a violation of Section
21		9-3 of the Criminal Code of 1961, relating to the offense of
22		reckless homicide, or a similar out-of-state offense, or a
23		statutory summary suspension under Section 11-501.1 or
24		11-501.9 of this Code.
25		(d-1) Except as provided in subsection (d-2) and subsection
26		(d-3), any person convicted of a third or subsequent violation
27		of this Section shall serve a minimum term of imprisonment of
28		30 days or 300 hours of community service, as determined by the
29		court.
30		(d-2) Any person convicted of a third violation of this
31		Section is guilty of a Class 4 felony and must serve a minimum
32		term of imprisonment of 30 days if the revocation or suspension
33		was for a violation of Section 11-401 or 11-501 of this Code,
34		or a similar out-of-state offense, or a similar provision of a

1		local ordinance, a violation of Section 9-3 of the Criminal
2		Code of 1961, relating to the offense of reckless homicide, or
3		a similar out-of-state offense, or a statutory summary
4		suspension under Section 11-501.1 of this Code.
5		(d-3) Any person convicted of a fourth or subsequent
6		violation of this Section is guilty of a Class 4 felony and
7		must serve a minimum term of imprisonment of 180 days if the
8		revocation or suspension was for a violation of Section 11-401
9		or 11-501 of this Code, or a similar out-of-state offense, or a
10		similar provision of a local ordinance, a violation of Section
11		9-3 of the Criminal Code of 1961, relating to the offense of
12		reckless homicide, or a similar out-of-state offense, or a
13		statutory summary suspension under Section 11-501.1 of this
14		Code.
15		(e) Any person in violation of this Section who is also in
16		violation of Section 7-601 of this Code relating to mandatory
17		insurance requirements, in addition to other penalties imposed
18		under this Section, shall have his or her motor vehicle
19		immediately impounded by the arresting law enforcement
20		officer. The motor vehicle may be released to any licensed
21		driver upon a showing of proof of insurance for the vehicle
22		that was impounded and the notarized written consent for the
23		release by the vehicle owner.
24		(f) For any prosecution under this Section, a certified
25		copy of the driving abstract of the defendant shall be admitted
26		as proof of any prior conviction.
27		(g) The motor vehicle used in a violation of this Section
28		is subject to seizure and forfeiture as provided in Sections
29		36-1 and 36-2 of the Criminal Code of 1961 if the person's
30		driving privilege was revoked or suspended as a result of a
31		violation listed in paragraph (1), (2), or (3) of subsection
32		(c) of this Section or as a result of a summary suspension as
33		provided in paragraph (4) of subsection (c) of this Section.
34		(Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01;

1		92-688, eff. 7-16-02.)
2		(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
3		Sec. 11-500. Definitions. For the purposes of interpreting
4		Sections 6-206.1 and 6-208.1 of this Code, "first offender"
5		shall mean: (i) any person who has not had a previous
6		conviction or court assigned supervision for violating Section
7		11-501, or a similar provision of a local ordinance, or a
8		conviction in any other state for a violation of driving while
9		under the influence or a similar offense where the cause of
10		action is the same or substantially similar to this Code, or
11		(ii) any person who has not had a driver's license suspension
12		for violating Section 11-501.1 or 11-501.9 within 5 years prior
13		to the date of the current offense or failure to submit to or
14		complete a chemical test or tests of blood, breath, or urine
15		pursuant to Section 11-501.1 or a preliminary breath screening
16		test or a field sobriety test or tests pursuant to Section
17		11-501.9, except in cases where the driver submitted to
18		chemical testing resulting in an alcohol concentration of 0.08
19		or more, or any amount of a drug, substance, or compound in
20		such person's blood or urine resulting from the unlawful use or
21		consumption of cannabis listed in the Cannabis Control Act, a
22		controlled substance listed in the Illinois Controlled
23		Substances Act, or an intoxicating compound listed in the Use
24		of Intoxicating Compounds Act and was subsequently found not
25		guilty of violating Section 11-501, or a similar provision of a
26		local ordinance.
27		(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
28		(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
29		Sec. 11-501. Driving while under the influence of alcohol,
30		other drug or drugs, intoxicating compound or compounds or any
31		combination thereof.
32		(a) A person shall not drive or be in actual physical

1		control of any vehicle within this State while:
2		(1) the alcohol concentration in the person's blood or
3		breath is 0.08 or more based on the definition of blood and
4		breath units in Section 11-501.2;
5		(2) under the influence of alcohol;
6		(3) under the influence of any intoxicating compound or
7		combination of intoxicating compounds to a degree that
8		renders the person incapable of driving safely;
9		(4) under the influence of any other drug or
10		combination of drugs to a degree that renders the person
11		incapable of safely driving;
12		(5) under the combined influence of alcohol, other drug
13		or drugs, or intoxicating compound or compounds to a degree
14		that renders the person incapable of safely driving; or
15		(6) there is any amount of a drug, substance, or
16		compound in the person's breath, blood, or urine resulting
17		from the unlawful use or consumption of cannabis listed in
18		the Cannabis Control Act, a controlled substance listed in
19		the Illinois Controlled Substances Act, or an intoxicating
20		compound listed in the Use of Intoxicating Compounds Act.
21		(b) The fact that any person charged with violating this
22		Section is or has been legally entitled to use alcohol, other
23		drug or drugs, or intoxicating compound or compounds, or any
24		combination thereof, shall not constitute a defense against any
25		charge of violating this Section.
26		(c) Except as provided under paragraphs (c-3), (c-4), and
27		(d) of this Section, every person convicted of violating this
28		Section or a similar provision of a local ordinance, shall be
29		guilty of a Class A misdemeanor and, in addition to any other
30		criminal or administrative action, for any second conviction of
31		violating this Section or a similar provision of a law of
32		another state or local ordinance committed within 5 years of a
33		previous violation of this Section or a similar provision of a
34		local ordinance shall be mandatorily sentenced to a minimum of

1		5 days of imprisonment or assigned to a minimum of 30 days of
2		community service as may be determined by the court. Every
3		person convicted of violating this Section or a similar
4		provision of a local ordinance shall be subject to an
5		additional mandatory minimum fine of $500 and an additional
6		mandatory 5 days of community service in a program benefiting
7		children if the person committed a violation of paragraph (a)
8		or a similar provision of a local ordinance while transporting
9		a person under age 16. Every person convicted a second time for
10		violating this Section or a similar provision of a local
11		ordinance within 5 years of a previous violation of this
12		Section or a similar provision of a law of another state or
13		local ordinance shall be subject to an additional mandatory
14		minimum fine of $500 and an additional 10 days of mandatory
15		community service in a program benefiting children if the
16		current offense was committed while transporting a person under
17		age 16. The imprisonment or assignment under this subsection
18		shall not be subject to suspension nor shall the person be
19		eligible for probation in order to reduce the sentence or
20		assignment.
21		(c-1) (1) A person who violates this Section during a
22		period in which his or her driving privileges are revoked
23		or suspended, where the revocation or suspension was for a
24		violation of this Section or a similar provision of a local
25		ordinance, a failure to submit to a chemical test or tests
26		of blood, breath, or urine pursuant to , Section 11-501.1 or
27		a failure to submit to a preliminary breath screening test
28		or a field sobriety test or tests pursuant to Section
29		11-501.9 of this Code, a violation of , paragraph (b) of
30		Section 11-401 of this Code, or a violation of Section 9-3
31		of the Criminal Code of 1961 is guilty of a Class 4 felony.
32		(2) A person who violates this Section a third time
33		during a period in which his or her driving privileges are
34		revoked or suspended where the revocation or suspension was

1		for a violation of this Section, or a similar violation of
2		a local ordinance, a failure to submit to a chemical test
3		or tests of blood, breath, or urine pursuant to Section
4		11-501.1 or a failure to submit to a preliminary breath
5		screening test or a field sobriety test or tests pursuant
6		to Section 11-501.9 of this Code, a violation of , paragraph
7		(b) of Section 11-401 of this Code, or a violation of
8		Section 9-3 of the Criminal Code of 1961 is guilty of a
9		Class 3 felony.
10		(3) A person who violates this Section a fourth or
11		subsequent time during a period in which his or her driving
12		privileges are revoked or suspended where the revocation or
13		suspension was for a violation of this Section or a similar
14		violation of a local ordinance, a failure to submit to a
15		chemical test or tests of blood, breath, or urine pursuant
16		to , Section 11-501.1 or a failure to submit to a
17		preliminary breath screening test or a field sobriety test
18		or tests pursuant to Section 11-501.9 of this Code, a
19		violation of , paragraph (b) of Section 11-401 of this Code,
20		or a violation of Section 9-3 of the Criminal Code of 1961
21		is guilty of a Class 2 felony.
22		(c-2) (Blank).
23		(c-3) Every person convicted of violating this Section or a
24		similar provision of a local ordinance who had a child under
25		age 16 in the vehicle at the time of the offense shall have his
26		or her punishment under this Act enhanced by 2 days of
27		imprisonment for a first offense, 10 days of imprisonment for a
28		second offense, 30 days of imprisonment for a third offense,
29		and 90 days of imprisonment for a fourth or subsequent offense,
30		in addition to the fine and community service required under
31		subsection (c) and the possible imprisonment required under
32		subsection (d). The imprisonment or assignment under this
33		subsection shall not be subject to suspension nor shall the
34		person be eligible for probation in order to reduce the

1		sentence or assignment.
2		(c-4) When a person is convicted of violating Section
3		11-501 of this Code or a similar provision of a local
4		ordinance, the following penalties apply when his or her blood,
5		breath, or urine was .16 or more based on the definition of
6		blood, breath, or urine units in Section 11-501.2 or when that
7		person is convicted of violating this Section while
8		transporting a child under the age of 16:
9		(1) A person who is convicted of violating subsection
10		(a) of Section 11-501 of this Code a first time, in
11		addition to any other penalty that may be imposed under
12		subsection (c), is subject to a mandatory minimum of 100
13		hours of community service and a minimum fine of $500.
14		(2) A person who is convicted of violating subsection
15		(a) of Section 11-501 of this Code a second time within 10
16		years, in addition to any other penalty that may be imposed
17		under subsection (c), is subject to a mandatory minimum of
18		2 days of imprisonment and a minimum fine of $1,250.
19		(3) A person who is convicted of violating subsection
20		(a) of Section 11-501 of this Code a third time within 20
21		years is guilty of a Class 4 felony and, in addition to any
22		other penalty that may be imposed under subsection (c), is
23		subject to a mandatory minimum of 90 days of imprisonment
24		and a minimum fine of $2,500.
25		(4) A person who is convicted of violating this
26		subsection (c-4) a fourth or subsequent time is guilty of a
27		Class 2 felony and, in addition to any other penalty that
28		may be imposed under subsection (c), is not eligible for a
29		sentence of probation or conditional discharge and is
30		subject to a minimum fine of $2,500.
31		(d) (1) Every person convicted of committing a violation of
32		this Section shall be guilty of aggravated driving under
33		the influence of alcohol, other drug or drugs, or
34		intoxicating compound or compounds, or any combination

1		thereof if:
2		(A) the person committed a violation of this
3		Section, or a similar provision of a law of another
4		state or a local ordinance when the cause of action is
5		the same as or substantially similar to this Section,
6		for the third or subsequent time;
7		(B) the person committed a violation of paragraph
8		(a) while driving a school bus with children on board;
9		(C) the person in committing a violation of
10		paragraph (a) was involved in a motor vehicle accident
11		that resulted in great bodily harm or permanent
12		disability or disfigurement to another, when the
13		violation was a proximate cause of the injuries;
14		(D) the person committed a violation of paragraph
15		(a) for a second time and has been previously convicted
16		of violating Section 9-3 of the Criminal Code of 1961
17		relating to reckless homicide in which the person was
18		determined to have been under the influence of alcohol,
19		other drug or drugs, or intoxicating compound or
20		compounds as an element of the offense or the person
21		has previously been convicted under subparagraph (C)
22		or subparagraph (F) of this paragraph (1);
23		(E) the person, in committing a violation of
24		paragraph (a) while driving at any speed in a school
25		speed zone at a time when a speed limit of 20 miles per
26		hour was in effect under subsection (a) of Section
27		11-605 of this Code, was involved in a motor vehicle
28		accident that resulted in bodily harm, other than great
29		bodily harm or permanent disability or disfigurement,
30		to another person, when the violation of paragraph (a)
31		was a proximate cause of the bodily harm; or
32		(F) the person, in committing a violation of
33		paragraph (a), was involved in a motor vehicle,
34		snowmobile, all-terrain vehicle, or watercraft

1		accident that resulted in the death of another person,
2		when the violation of paragraph (a) was a proximate
3		cause of the death.
4		(2) Except as provided in this paragraph (2),
5		aggravated driving under the influence of alcohol, other
6		drug or drugs, or intoxicating compound or compounds, or
7		any combination thereof is a Class 4 felony. For a
8		violation of subparagraph (C) of paragraph (1) of this
9		subsection (d), the defendant, if sentenced to a term of
10		imprisonment, shall be sentenced to not less than one year
11		nor more than 12 years. Aggravated driving under the
12		influence of alcohol, other drug or drugs, or intoxicating
13		compound or compounds, or any combination thereof as
14		defined in subparagraph (F) of paragraph (1) of this
15		subsection (d) is a Class 2 felony, for which the
16		defendant, if sentenced to a term of imprisonment, shall be
17		sentenced to: (A) a term of imprisonment of not less than 3
18		years and not more than 14 years if the violation resulted
19		in the death of one person; or (B) a term of imprisonment
20		of not less than 6 years and not more than 28 years if the
21		violation resulted in the deaths of 2 or more persons. For
22		any prosecution under this subsection (d), a certified copy
23		of the driving abstract of the defendant shall be admitted
24		as proof of any prior conviction.
25		(e) After a finding of guilt and prior to any final
26		sentencing, or an order for supervision, for an offense based
27		upon an arrest for a violation of this Section or a similar
28		provision of a local ordinance, individuals shall be required
29		to undergo a professional evaluation to determine if an
30		alcohol, drug, or intoxicating compound abuse problem exists
31		and the extent of the problem, and undergo the imposition of
32		treatment as appropriate. Programs conducting these
33		evaluations shall be licensed by the Department of Human
34		Services. The cost of any professional evaluation shall be paid

1		for by the individual required to undergo the professional
2		evaluation.
3		(e-1) Any person who is found guilty of or pleads guilty to
4		violating this Section, including any person receiving a
5		disposition of court supervision for violating this Section,
6		may be required by the Court to attend a victim impact panel
7		offered by, or under contract with, a County State's Attorney's
8		office, a probation and court services department, Mothers
9		Against Drunk Driving, or the Alliance Against Intoxicated
10		Motorists. All costs generated by the victim impact panel shall
11		be paid from fees collected from the offender or as may be
12		determined by the court.
13		(f) Every person found guilty of violating this Section,
14		whose operation of a motor vehicle while in violation of this
15		Section proximately caused any incident resulting in an
16		appropriate emergency response, shall be liable for the expense
17		of an emergency response as provided under Section 5-5-3 of the
18		Unified Code of Corrections.
19		(g) The Secretary of State shall revoke the driving
20		privileges of any person convicted under this Section or a
21		similar provision of a local ordinance.
22		(h) Every person sentenced under paragraph (2) or (3) of
23		subsection (c-1) of this Section or subsection (d) of this
24		Section and who receives a term of probation or conditional
25		discharge shall be required to serve a minimum term of either
26		60 days community service or 10 days of imprisonment as a
27		condition of the probation or conditional discharge. This
28		mandatory minimum term of imprisonment or assignment of
29		community service shall not be suspended and shall not be
30		subject to reduction by the court.
31		(i) The Secretary of State shall require the use of
32		ignition interlock devices on all vehicles owned by an
33		individual who has been convicted of a second or subsequent
34		offense of this Section or a similar provision of a local

1		ordinance. The Secretary shall establish by rule and regulation
2		the procedures for certification and use of the interlock
3		system.
4		(j) In addition to any other penalties and liabilities, a
5		person who is found guilty of or pleads guilty to violating
6		this Section, including any person placed on court supervision
7		for violating this Section, shall be fined $100, payable to the
8		circuit clerk, who shall distribute the money to the law
9		enforcement agency that made the arrest. If the person has been
10		previously convicted of violating this Section or a similar
11		provision of a local ordinance, the fine shall be $200. In the
12		event that more than one agency is responsible for the arrest,
13		the $100 or $200 shall be shared equally. Any moneys received
14		by a law enforcement agency under this subsection (j) shall be
15		used to purchase law enforcement equipment that will assist in
16		the prevention of alcohol related criminal violence throughout
17		the State. This shall include, but is not limited to, in-car
18		video cameras, radar and laser speed detection devices, and
19		alcohol breath testers. Any moneys received by the Department
20		of State Police under this subsection (j) shall be deposited
21		into the State Police DUI Fund and shall be used to purchase
22		law enforcement equipment that will assist in the prevention of
23		alcohol related criminal violence throughout the State.
24		(k) The Secretary of State Police DUI Fund is created as a
25		special fund in the State treasury. All moneys received by the
26		Secretary of State Police under subsection (j) of this Section
27		shall be deposited into the Secretary of State Police DUI Fund
28		and, subject to appropriation, shall be used to purchase law
29		enforcement equipment to assist in the prevention of alcohol
30		related criminal violence throughout the State.
31		(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
32		92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
33		92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
34		7-18-03; 93-584, eff. 8-22-03; revised 8-27-03.)

1		(625 ILCS 5/11-501.9 new)
2		Sec. 11-501.9. Mandatory preliminary breath screening test
3		and field sobriety tests.
4		(a) The General Assembly finds that: (1) the incidence of
5		motorists suspected of driving under the influence of alcohol,
6		other drugs, or intoxicating compounds who refuse to perform
7		voluntary preliminary breath screening tests or field sobriety
8		tests has risen to alarming proportions; (2) motorists who
9		refuse these tests frequently drive under the influence of
10		alcohol, drugs, or intoxicating compounds but are nonetheless
11		often able to avoid the loss or suspension of driving
12		privileges by refusing to perform these tests; (3) these
13		motorists pose a substantial danger to the lives and property
14		both of other motorists and of pedestrians; (4) the State of
15		Illinois has the duty to protect the lives and property of its
16		citizens as they travel upon the roads and highways of this
17		State, and that duty gives rise to a special need to ensure
18		that those roads and highways are free from the dangers posed
19		by impaired motorists; (5) persons who operate motor vehicles
20		upon the roads and highways of this State engage in an
21		inherently dangerous activity that directly affects the safety
22		of the public, and consequently, such persons are subject to
23		reasonable measures designed to make road and highway travel
24		safe; (6) the only effective and realistic response to the
25		crisis presented by motorists refusing to voluntarily perform
26		preliminary breath screening tests or field sobriety tests is
27		to require persons suspected of driving under the influence of
28		alcohol, drugs, or intoxicating compounds to perform these
29		tests; and (7) the required performance of these tests based on
30		individualized reasonable suspicion is a necessary,
31		unobtrusive, and reasonable measure designed to promote the
32		State's special need to make its roads and highways safe.
33		(b) Any person who drives or is in actual physical control

1		of a motor vehicle within this State shall be deemed to have
2		given consent to performing any field sobriety test or tests
3		approved by the Illinois Law Enforcement Training Standards
4		Board and to providing a sample of his or her breath for a
5		preliminary breath screening test using a portable device
6		approved by the Department of State Police and checked for
7		accuracy by the law enforcement agency utilizing the device at
8		intervals not exceeding 3 months if the law enforcement officer
9		has reasonable suspicion based on specific and articulable
10		facts and rational inferences from those facts to believe that
11		the person is violating or has violated Section 11-501 or a
12		similar provision of a local ordinance. These tests shall be
13		conducted expeditiously in the vicinity of the location in
14		which the person was stopped by a law enforcement officer
15		trained to administer these tests under standards set forth by
16		the Illinois Law Enforcement Training Standards Board. The
17		results of the field sobriety test or tests or the preliminary
18		breath screening test may be used by the law enforcement
19		officer for the purpose of assisting with the determination of
20		whether to require a chemical test as authorized under Sections
21		11-501.1 and 11-501.2, and the appropriate type of test to
22		request. The decision to administer a field sobriety test or
23		tests or a preliminary breath screening test shall at all times
24		be in the discretion of the law enforcement officer. Any
25		chemical test authorized under Sections 11-501.1 and 11-501.2
26		may be requested by the officer regardless of the result of the
27		field sobriety test or tests or of the preliminary breath
28		screening test, if probable cause for an arrest otherwise
29		exists. The preliminary breath screening test shall be
30		administered in accordance with rules the Director of the
31		Illinois State Police may adopt. The result of a field sobriety
32		test or test or of a preliminary breath screening test may be
33		used by the defendant as evidence in any administrative or
34		court proceeding involving a violation of Section 11-501 or

1		11-501.1 and may be used by the State as evidence in any
2		administrative or court proceeding to establish probable cause
3		for a violation of Section 11-501 or in rebuttal to an
4		assertion that a test conducted pursuant to Section 11-501.1
5		did not accurately reflect a person's degree of alcohol
6		concentration in the person's breath or blood at the time the
7		person was in control of the motor vehicle.
8		For the purposes of this Section, a law enforcement officer
9		of this State who is investigating a person for any offense set
10		forth in Section 11-501 may travel to an adjoining state to
11		which the person has been transported for medical care to
12		complete an investigation and request that the person submit to
13		the test set forth in this Section.
14		(c) A person requested to submit to any test as provided in
15		subsection (b) of this Section shall be warned by the law
16		enforcement officer requesting the test prior to administering
17		the test or tests that a refusal to submit to any test will
18		result in the statutory summary suspension of the person's
19		privilege to operate a motor vehicle as provided in Section
20		6-208.1 of this Code.
21		(d) If a person refuses to perform a field sobriety test or
22		tests or a preliminary breath screening test requested by a law
23		enforcement officer, the law enforcement officer shall
24		immediately submit a sworn report to the Secretary of State on
25		a form prescribed by the Secretary, certifying that the test
26		was requested under subsection (b) and that the person refused
27		to submit to the test.
28		(e) Upon receipt of the sworn report of a law enforcement
29		officer submitted under subsection (d), the Secretary of State
30		shall enter the statutory summary suspension for the periods
31		specified in Section 6-208.1, and effective as provided in
32		subsection (i). If the person is a first offender as defined in
33		Section 11-500 of this Code, and is not convicted of a
34		violation of Section 11-501 of this Code or a similar provision

1		of a local ordinance, then reports received by the Secretary of
2		State under this Section shall, except during the actual time
3		the statutory summary suspension is in effect, be privileged
4		information and for use only by the courts, police officers,
5		prosecuting authorities, or the Secretary of State.
6		(f) The law enforcement officer submitting the sworn report
7		under subsection (d) shall serve immediate notice of the
8		statutory summary suspension on the person. The suspension
9		shall be effective on the 46th day following the date the
10		statutory summary suspension was given to the person. Upon
11		receipt of the sworn report from the law enforcement officer,
12		the Secretary of State shall confirm the statutory summary
13		suspension by mailing a notice of the effective date of the
14		suspension to the person and to the court of venue if the
15		person was given a citation at the time of the notice of
16		suspension by the law enforcement officer and the person's
17		driver's license was forwarded to the court. If the sworn
18		report is defective because it does not contain sufficient
19		information or it has been completed in error, the confirmation
20		of the statutory summary suspension must not be mailed to the
21		person or entered to the record; instead, the sworn report must
22		be returned to the issuing agency, identifying any defect.
23		(g) A driver may contest the suspension of his or her
24		driving privileges by requesting an administrative hearing
25		with the Secretary in accordance with Section 2-118 of this
26		Code. The administrative hearing shall be held within 30 days
27		of the request unless the person requests a continuance. The
28		petition for this hearing does not stay or delay the effective
29		date of the impending suspension. The scope of the hearing
30		shall be limited to the issues of:
31		(1) whether the officer had reasonable suspicion based
32		on specific and articulable facts and inferences from those
33		facts to believe that the person was driving or in actual
34		physical control of a motor vehicle upon the public

1		highways of this State while under the influence of
2		alcohol, another drug, or a combination of both, or
3		intoxicating compounds; and
4		(2) whether the person, after being advised by the law
5		enforcement officer that the privilege to operate a motor
6		vehicle would be suspended if the person refused to submit
7		to and complete a field sobriety test or tests or a
8		preliminary breath screening test, refused to submit to or
9		complete such test.
10		The hearing may be conducted upon a review of the law
11		enforcement officer's own official reports; however, the
12		person may subpoena the officer. Failure of the officer to
13		answer the subpoena shall be considered grounds for the person
14		to obtain a continuance if, in the opinion of the hearing
15		officer, the continuance is appropriate. At the conclusion of
16		the hearing, the Secretary may rescind, continue or modify the
17		order of suspension. If the Secretary does not rescind the
18		sanction, and the person is a first offender as defined by
19		Section 11-500, upon application being made and good cause
20		shown, the Secretary may issue the person a restricted driving
21		permit effective no sooner than the 31st day following the date
22		on which the statutory summary suspension took effect. The
23		restricted driving permit may be granted to relieve undue
24		hardship by allowing driving for employment, educational, and
25		medical purposes outlined in item (3) of subsection (c) of
26		Section 6-206 of this Code. The provisions of item (3) of
27		subsection (c) of Section 6-206 shall apply.
28		(h) When specific and articulable facts and the inferences
29		from those facts give rise to a rational basis for concluding
30		that the driver of a vehicle is impaired from alcohol, drugs,
31		intoxicating compounds or a combination of them to the extent
32		that the continued operation of the vehicle by the driver would
33		constitute a clear and present danger to any person, the law
34		enforcement officer may secure the driver's vehicle for up to

1		24 hours. For the purpose of this subsection, "secure" means
2		that the officer may: (i) direct the driver not to operate the
3		vehicle; (ii) take possession of the driver's vehicle keys,
4		(iii) impound the vehicle, or (iv) take other reasonable steps
5		to ensure the driver does not operate the vehicle. If the
6		vehicle is impounded, the driver shall be liable for all costs
7		of impoundment. The law enforcement officer may release the
8		vehicle to a person other than the driver if: (i) that other
9		person is the owner or renter of the vehicle or the driver is
10		owner of the vehicle and gives permission to the other person
11		to operate the vehicle and (ii) the other person possesses a
12		valid operator's license and would not, as determined by the
13		law enforcement officer, either have a lack of ability to
14		operate the vehicle in a safe manner or be operating the
15		vehicle in violation of this Code.

16		Section 10. The Unified Code of Corrections is amended by
17		changing Section 5-6-1 as follows:
18		(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
19		Sec. 5-6-1. Sentences of Probation and of Conditional
20		Discharge and Disposition of Supervision. The General Assembly
21		finds that in order to protect the public, the criminal justice
22		system must compel compliance with the conditions of probation
23		by responding to violations with swift, certain and fair
24		punishments and intermediate sanctions. The Chief Judge of each
25		circuit shall adopt a system of structured, intermediate
26		sanctions for violations of the terms and conditions of a
27		sentence of probation, conditional discharge or disposition of
28		supervision.
29		(a) Except where specifically prohibited by other
30		provisions of this Code, the court shall impose a sentence of
31		probation or conditional discharge upon an offender unless,
32		having regard to the nature and circumstance of the offense,

1		and to the history, character and condition of the offender,
2		the court is of the opinion that:
3		(1) his imprisonment or periodic imprisonment is
4		necessary for the protection of the public; or
5		(2) probation or conditional discharge would deprecate
6		the seriousness of the offender's conduct and would be
7		inconsistent with the ends of justice.
8		The court shall impose as a condition of a sentence of
9		probation, conditional discharge, or supervision, that the
10		probation agency may invoke any sanction from the list of
11		intermediate sanctions adopted by the chief judge of the
12		circuit court for violations of the terms and conditions of the
13		sentence of probation, conditional discharge, or supervision,
14		subject to the provisions of Section 5-6-4 of this Act.
15		(b) The court may impose a sentence of conditional
16		discharge for an offense if the court is of the opinion that
17		neither a sentence of imprisonment nor of periodic imprisonment
18		nor of probation supervision is appropriate.
19		(c) The court may, upon a plea of guilty or a stipulation
20		by the defendant of the facts supporting the charge or a
21		finding of guilt, defer further proceedings and the imposition
22		of a sentence, and enter an order for supervision of the
23		defendant, if the defendant is not charged with: (i) a Class A
24		misdemeanor, as defined by the following provisions of the
25		Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1;
26		31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
27		(1) through (5), (8), (10), and (11) of subsection (a) of
28		Section 24-1; (ii) a Class A misdemeanor violation of Section
29		3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or
30		(iii) felony. If the defendant is not barred from receiving an
31		order for supervision as provided in this subsection, the court
32		may enter an order for supervision after considering the
33		circumstances of the offense, and the history, character and
34		condition of the offender, if the court is of the opinion that:

1		(1) the offender is not likely to commit further
2		crimes;
3		(2) the defendant and the public would be best served
4		if the defendant were not to receive a criminal record; and
5		(3) in the best interests of justice an order of
6		supervision is more appropriate than a sentence otherwise
7		permitted under this Code.
8		(d) The provisions of paragraph (c) shall not apply to a
9		defendant charged with violating Section 11-501 of the Illinois
10		Vehicle Code or a similar provision of a local ordinance when
11		the defendant has previously been:
12		(1) convicted for a violation of Section 11-501 of the
13		Illinois Vehicle Code or a similar provision of a local
14		ordinance or any similar law or ordinance of another state;
15		or
16		(2) assigned supervision for a violation of Section
17		11-501 of the Illinois Vehicle Code or a similar provision
18		of a local ordinance or any similar law or ordinance of
19		another state; or
20		(3) pleaded guilty to or stipulated to the facts
21		supporting a charge or a finding of guilty to a violation
22		of Section 11-503 of the Illinois Vehicle Code or a similar
23		provision of a local ordinance or any similar law or
24		ordinance of another state, and the plea or stipulation was
25		the result of a plea agreement.
26		The court shall consider the statement of the prosecuting
27		authority with regard to the standards set forth in this
28		Section.
29		(e) The provisions of paragraph (c) shall not apply to a
30		defendant charged with violating Section 16A-3 of the Criminal
31		Code of 1961 if said defendant has within the last 5 years
32		been:
33		(1) convicted for a violation of Section 16A-3 of the
34		Criminal Code of 1961; or

1		(2) assigned supervision for a violation of Section
2		16A-3 of the Criminal Code of 1961 or similar provision of
3		an out-of-state jurisdiction.
4		The court shall consider the statement of the prosecuting
5		authority with regard to the standards set forth in this
6		Section.
7		(f) The provisions of paragraph (c) shall not apply to a
8		defendant charged with violating Sections 15-111, 15-112,
9		15-301, paragraph (b) of Section 6-104, Section 11-605, or
10		Section 11-1414 of the Illinois Vehicle Code or a similar
11		provision of a local ordinance or out-of-state jurisdiction.
12		(g) Except as otherwise provided in paragraph (i) of this
13		Section, the provisions of paragraph (c) shall not apply to a
14		defendant charged with violating Section 3-707, 3-708, 3-710,
15		or 5-401.3 of the Illinois Vehicle Code or a similar provision
16		of a local ordinance if the defendant has within the last 5
17		years been:
18		(1) convicted for a violation of Section 3-707, 3-708,
19		3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
20		provision of a local ordinance or out-of-state
21		jurisdiction; or
22		(2) assigned supervision for a violation of Section
23		3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
24		Code or a similar provision of a local ordinance or
25		out-of-state jurisdiction.
26		The court shall consider the statement of the prosecuting
27		authority with regard to the standards set forth in this
28		Section.
29		(h) The provisions of paragraph (c) shall not apply to a
30		defendant under the age of 21 years charged with violating a
31		serious traffic offense as defined in Section 1-187.001 of the
32		Illinois Vehicle Code:
33		(1) unless the defendant, upon payment of the fines,
34		penalties, and costs provided by law, agrees to attend and

1		successfully complete a traffic safety program approved by
2		the court under standards set by the Conference of Chief
3		Circuit Judges. The accused shall be responsible for
4		payment of any traffic safety program fees. If the accused
5		fails to file a certificate of successful completion on or
6		before the termination date of the supervision order, the
7		supervision shall be summarily revoked and conviction
8		entered. The provisions of Supreme Court Rule 402 relating
9		to pleas of guilty do not apply in cases when a defendant
10		enters a guilty plea under this provision; or
11		(2) if the defendant has previously been sentenced
12		under the provisions of paragraph (c) on or after January
13		1, 1998 for any serious traffic offense as defined in
14		Section 1-187.001 of the Illinois Vehicle Code.
15		(i) The provisions of paragraph (c) shall not apply to a
16		defendant charged with violating Section 3-707 of the Illinois
17		Vehicle Code or a similar provision of a local ordinance if the
18		defendant has been assigned supervision for a violation of
19		Section 3-707 of the Illinois Vehicle Code or a similar
20		provision of a local ordinance or out-of-state jurisdiction.
21		(j) The provisions of paragraph (c) shall not apply to a
22		defendant charged with violating Section 6-303 of the Illinois
23		Vehicle Code or a similar provision of a local ordinance or
24		out-of-state jurisdiction when the revocation or suspension
25		was for a violation of Section 11-501 or a similar provision of
26		a local ordinance, a failure to submit to a chemical test or
27		tests of blood, breath, or urine pursuant to violation of
28		Section 11-501.1 or to a preliminary breath screening test or a
29		field sobriety test or tests pursuant to Section 11-501.9 of
30		the Illinois Vehicle Code, a violation of or paragraph (b) of
31		Section 11-401 of the Illinois Vehicle Code, or a violation of
32		Section 9-3 of the Criminal Code of 1961 if the defendant has
33		within the last 10 years been:
34		(1) convicted for a violation of Section 6-303 of the

1		Illinois Vehicle Code or a similar provision of a local
2		ordinance or out-of-state jurisdiction; or
3		(2) assigned supervision for a violation of Section
4		6-303 of the Illinois Vehicle Code or a similar provision
5		of a local ordinance or out-of-state jurisdiction.
6		(Source: P.A. 93-388, eff. 7-25-03.)

Section 99. Effective date. This Act takes effect on January 1, 2005.".