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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-205, 6-206, and 11-501.01 as follows:
| ||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
| ||||||
9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
| ||||||
13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
| ||||||
15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, other drug or
| ||||||
19 | drugs, intoxicating compound or compounds, or any | ||||||
20 | combination thereof;
| ||||||
21 | 3. Any felony under the laws of any State or the | ||||||
22 | federal government
in the commission of which a motor | ||||||
23 | vehicle was used;
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| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
| ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
| ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
| ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
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| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense;
| ||||||
5 | 14. Violation of Section 11-506 of this Code or a | ||||||
6 | similar provision of a local ordinance relating to the | ||||||
7 | offense of street racing.
| ||||||
8 | (b) The Secretary of State shall also immediately revoke | ||||||
9 | the license
or permit of any driver in the following | ||||||
10 | situations:
| ||||||
11 | 1. Of any minor upon receiving the notice provided for | ||||||
12 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
13 | minor has been
adjudicated under that Act as having | ||||||
14 | committed an offense relating to
motor vehicles prescribed | ||||||
15 | in Section 4-103 of this Code;
| ||||||
16 | 2. Of any person when any other law of this State | ||||||
17 | requires either the
revocation or suspension of a license | ||||||
18 | or permit;
| ||||||
19 | 3. Of any person adjudicated under the Juvenile Court | ||||||
20 | Act of 1987 based on an offense determined to have been | ||||||
21 | committed in furtherance of the criminal activities of an | ||||||
22 | organized gang as provided in Section 5-710 of that Act, | ||||||
23 | and that involved the operation or use of a motor vehicle | ||||||
24 | or the use of a driver's license or permit. The revocation | ||||||
25 | shall remain in effect for the period determined by the | ||||||
26 | court. Upon the direction of the court, the Secretary shall |
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| |||||||
1 | issue the person a judicial driving permit, also known as a | ||||||
2 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
3 | issued under Section 6-206.1, except that the court may | ||||||
4 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
5 | effective immediately.
| ||||||
6 | (c) (1) Except as provided in subsection (c-5), | ||||||
7 | whenever a person is convicted of any of the offenses | ||||||
8 | enumerated in
this Section, the court may recommend and the | ||||||
9 | Secretary of State in his
discretion, without regard to | ||||||
10 | whether the recommendation is made by the
court may, upon | ||||||
11 | application,
issue to the person a
restricted driving | ||||||
12 | permit granting the privilege of driving a motor
vehicle | ||||||
13 | between the petitioner's residence and petitioner's place
| ||||||
14 | of employment or within the scope of the petitioner's | ||||||
15 | employment related
duties, or to allow transportation for | ||||||
16 | the petitioner to transport himself or herself or a family | ||||||
17 | household member
of the petitioner's household to a medical | ||||||
18 | facility family for the receipt of necessary medical care | ||||||
19 | or to allow , provide transportation for the
petitioner to | ||||||
20 | transport himself or herself to and from alcohol or drug | ||||||
21 | remedial or rehabilitative activity recommended by a | ||||||
22 | licensed service provider, or to allow for the
petitioner | ||||||
23 | to transport himself or herself or a family member of the | ||||||
24 | petitioner's household to attend classes, as a student, at | ||||||
25 | in an accredited educational
institution , or to allow the | ||||||
26 | petitioner to transport children living in the |
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| |||||||
1 | petitioner's household to and from daycare ; if the | ||||||
2 | petitioner is able to demonstrate that no alternative means
| ||||||
3 | of transportation is reasonably available and that the | ||||||
4 | petitioner will not endanger
the public safety or welfare; | ||||||
5 | provided that the Secretary's discretion shall be
limited | ||||||
6 | to cases where undue hardship, as defined by the rules of | ||||||
7 | the Secretary of State, would result from a failure to | ||||||
8 | issue the
restricted driving permit. Those multiple | ||||||
9 | offenders identified in subdivision (b)4 of Section 6-208 | ||||||
10 | of this Code, however, shall not be eligible for the | ||||||
11 | issuance of a restricted driving permit.
| ||||||
12 | (2) If a person's license or permit is revoked or | ||||||
13 | suspended due to 2 or
more convictions of violating Section | ||||||
14 | 11-501 of this Code or a similar
provision of a local | ||||||
15 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
16 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
17 | other drugs is recited as an element of the offense, or a | ||||||
18 | similar out-of-state offense, or a combination of these | ||||||
19 | offenses, arising out
of separate occurrences, that | ||||||
20 | person, if issued a restricted driving permit,
may not | ||||||
21 | operate a vehicle unless it has been equipped with an | ||||||
22 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
23 | (3) If :
| ||||||
24 | (A) a person's license or permit is revoked or | ||||||
25 | suspended 2 or more
times within a 10 year period due | ||||||
26 | to any combination of: |
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| |||||||
1 | (i)
(A) a single conviction of violating | ||||||
2 | Section
11-501 of this Code or a similar provision | ||||||
3 | of a local ordinance or a similar
out-of-state | ||||||
4 | offense, or Section 9-3 of the Criminal Code of | ||||||
5 | 1961, where the use of alcohol or other drugs is | ||||||
6 | recited as an element of the offense, or a similar | ||||||
7 | out-of-state offense; or | ||||||
8 | (ii)
(B) a statutory summary suspension under | ||||||
9 | Section
11-501.1; or | ||||||
10 | (iii)
(C) a suspension pursuant to Section | ||||||
11 | 6-203.1 ; ,
| ||||||
12 | arising out of
separate occurrences ; , or | ||||||
13 | (B)
if a person has been convicted of one violation | ||||||
14 | of Section 6-303 of this Code committed while his or | ||||||
15 | her driver's license, permit, or privilege was revoked | ||||||
16 | because of a violation of Section 9-3 of the Criminal | ||||||
17 | Code of 1961, relating to the offense of reckless | ||||||
18 | homicide, or a similar provision of a law of another | ||||||
19 | state, | ||||||
20 | that person, if issued a restricted
driving permit, may not | ||||||
21 | operate a vehicle unless it has been equipped with an
| ||||||
22 | ignition interlock device as defined in Section 1-129.1. | ||||||
23 | (4)
The person issued a permit conditioned on the use | ||||||
24 | of an ignition interlock device must pay to the Secretary | ||||||
25 | of State DUI Administration Fund an amount
not to exceed | ||||||
26 | $30 $20 per month. The Secretary shall establish by rule |
| |||||||
| |||||||
1 | the amount
and the procedures, terms, and conditions | ||||||
2 | relating to these fees. | ||||||
3 | (5)
If the restricted driving permit is issued for | ||||||
4 | employment purposes, then
the prohibition against | ||||||
5 | operating a motor vehicle that is not equipped with an | ||||||
6 | ignition interlock device does not apply to the operation | ||||||
7 | of an occupational vehicle
owned or leased by that person's | ||||||
8 | employer when used solely for employment purposes. | ||||||
9 | (6)
In each case the Secretary of State may issue a
| ||||||
10 | restricted driving permit for a period he deems | ||||||
11 | appropriate, except that the
permit shall expire within one | ||||||
12 | year from the date of issuance. The Secretary
may not, | ||||||
13 | however, issue a restricted driving permit to any person | ||||||
14 | whose current
revocation is the result of a second or | ||||||
15 | subsequent conviction for a violation
of Section 11-501 of | ||||||
16 | this Code or a similar provision of a local ordinance
or | ||||||
17 | any similar out-of-state offense, or Section 9-3 of the | ||||||
18 | Criminal Code of 1961, where the use of alcohol or other | ||||||
19 | drugs is recited as an element of the offense, or any | ||||||
20 | similar out-of-state offense, or any combination of these | ||||||
21 | offenses, until the expiration of at least one year from | ||||||
22 | the date of the
revocation. A restricted
driving permit | ||||||
23 | issued under this Section shall be
subject to cancellation, | ||||||
24 | revocation, and suspension by the Secretary of
State in | ||||||
25 | like manner and for like cause as a driver's license issued
| ||||||
26 | under this Code may be cancelled, revoked, or
suspended; |
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| |||||||
1 | except that a conviction upon one or more offenses against | ||||||
2 | laws or
ordinances regulating the movement of traffic shall | ||||||
3 | be deemed sufficient cause
for the revocation, suspension, | ||||||
4 | or cancellation of a restricted driving permit.
The | ||||||
5 | Secretary of State may, as a condition to the issuance of a | ||||||
6 | restricted
driving permit, require the petitioner to | ||||||
7 | participate in a designated driver
remedial or | ||||||
8 | rehabilitative program. The Secretary of State is | ||||||
9 | authorized to
cancel a restricted driving permit if the | ||||||
10 | permit holder does not successfully
complete the program. | ||||||
11 | However, if an individual's driving privileges have been
| ||||||
12 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
13 | of this Section, no
restricted driving permit shall be | ||||||
14 | issued until the individual has served 6
months of the | ||||||
15 | revocation period.
| ||||||
16 | (c-5) The Secretary may not issue a restricted driving | ||||||
17 | permit to any person who has been convicted of a second or | ||||||
18 | subsequent violation of Section 6-303 of this Code committed | ||||||
19 | while his or her driver's license, permit, or privilege was | ||||||
20 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
21 | Code of 1961, relating to the offense of reckless homicide, or | ||||||
22 | a similar provision of a law of another state.
| ||||||
23 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
24 | under Section
11-501 of this Code or a similar provision of a | ||||||
25 | local ordinance , or a similar out-of-state offense, the
| ||||||
26 | Secretary of State shall revoke the driving privileges of that |
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| |||||||
1 | person. One
year after the date of revocation, and upon | ||||||
2 | application, the Secretary of
State may, if satisfied that the | ||||||
3 | person applying will not endanger the
public safety or welfare, | ||||||
4 | issue a restricted driving permit granting the
privilege of | ||||||
5 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
6 | p.m. or as otherwise provided by this Section for a period of | ||||||
7 | one year.
After this one year period, and upon reapplication | ||||||
8 | for a license as
provided in Section 6-106, upon payment of the | ||||||
9 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
10 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
11 | reinstate the petitioner's driver's license and driving | ||||||
12 | privileges, or extend the restricted driving permit as many | ||||||
13 | times as the
Secretary of State deems appropriate, by | ||||||
14 | additional periods of not more than
12 months each.
| ||||||
15 | (2) If a person's license or permit is revoked or | ||||||
16 | suspended due to 2 or
more convictions of violating Section | ||||||
17 | 11-501 of this Code or a similar
provision of a local | ||||||
18 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
19 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
20 | other drugs is recited as an element of the offense, or a | ||||||
21 | similar out-of-state offense, or a combination of these | ||||||
22 | offenses, arising out
of separate occurrences, that | ||||||
23 | person, if issued a restricted driving permit,
may not | ||||||
24 | operate a vehicle unless it has been equipped with an | ||||||
25 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
26 | (3) If a person's license or permit is revoked or |
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| |||||||
1 | suspended 2 or more times
within a 10 year period due to | ||||||
2 | any combination of: | ||||||
3 | (A) a single conviction of violating Section | ||||||
4 | 11-501
of this
Code or a similar provision of a local | ||||||
5 | ordinance or a similar out-of-state
offense, or | ||||||
6 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
7 | of alcohol or other drugs is recited as an element of | ||||||
8 | the offense, or a similar out-of-state offense; or | ||||||
9 | (B)
a statutory summary suspension under Section | ||||||
10 | 11-501.1; or | ||||||
11 | (C) a suspension pursuant to Section 6-203.1 ; , | ||||||
12 | arising out of separate occurrences, that person, if issued | ||||||
13 | a
restricted
driving permit, may not operate a vehicle | ||||||
14 | unless it has been equipped with an
ignition interlock | ||||||
15 | device as defined in Section 1-129.1. | ||||||
16 | (4)
The person issued a permit conditioned upon the use | ||||||
17 | of an interlock device must pay to the Secretary of State | ||||||
18 | DUI Administration Fund an amount
not to exceed $30 $20 per | ||||||
19 | month. The Secretary shall establish by rule the amount
and | ||||||
20 | the procedures, terms, and conditions relating to these | ||||||
21 | fees. | ||||||
22 | (5)
If the restricted driving permit is issued for | ||||||
23 | employment purposes, then
the prohibition against driving | ||||||
24 | a vehicle that is not equipped with an ignition interlock | ||||||
25 | device does not apply to the operation of an occupational | ||||||
26 | vehicle
owned or leased by that person's employer when used |
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| |||||||
1 | solely for employment purposes. | ||||||
2 | (6) A
restricted driving permit issued under this | ||||||
3 | Section shall be subject to
cancellation, revocation, and | ||||||
4 | suspension by the Secretary of State in like
manner and for | ||||||
5 | like cause as a driver's license issued under this Code may | ||||||
6 | be
cancelled, revoked, or suspended; except that a | ||||||
7 | conviction upon one or more
offenses against laws or | ||||||
8 | ordinances regulating the movement of traffic
shall be | ||||||
9 | deemed sufficient cause for the revocation, suspension, or
| ||||||
10 | cancellation of a restricted driving permit.
| ||||||
11 | (d-5) The revocation of the license, permit, or driving | ||||||
12 | privileges of a person convicted of a third or subsequent | ||||||
13 | violation of Section 6-303 of this Code committed while his or | ||||||
14 | her driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another state, is permanent. The | ||||||
18 | Secretary may not, at any time, issue a license or permit to | ||||||
19 | that person.
| ||||||
20 | (e) This Section is subject to the provisions of the Driver | ||||||
21 | License
Compact.
| ||||||
22 | (f) Any revocation imposed upon any person under | ||||||
23 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
24 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
25 | period of time.
| ||||||
26 | (g) The Secretary of State shall not issue a restricted |
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| |||||||
1 | driving permit to
a person under the age of 16 years whose | ||||||
2 | driving privileges have been revoked
under any provisions of | ||||||
3 | this Code.
| ||||||
4 | (h) The Secretary of State shall require the use of | ||||||
5 | ignition interlock
devices on all vehicles owned by a person an | ||||||
6 | individual who has been convicted of a
second or subsequent | ||||||
7 | offense under Section 11-501 of this Code or a similar
| ||||||
8 | provision of a local ordinance. The person must pay to the | ||||||
9 | Secretary of State DUI Administration Fund an amount not to | ||||||
10 | exceed $30 for each month that he or she uses the device. The | ||||||
11 | Secretary shall establish by rule and
regulation the procedures | ||||||
12 | for certification and use of the interlock
system , the amount | ||||||
13 | of the fee, and the procedures, terms, and conditions relating | ||||||
14 | to these fees .
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been revoked, suspended, | ||||||
20 | cancelled, or disqualified under any provisions of this Code.
| ||||||
21 | (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | ||||||
22 | 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | ||||||
23 | 95-627, eff. 6-1-08; revised 11-16-07 .)
| ||||||
24 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
25 | (Text of Section after amendment by P.A. 95-400 ) |
| |||||||
| |||||||
1 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
2 | license or
permit; Right to a hearing.
| ||||||
3 | (a) The Secretary of State is authorized to suspend or | ||||||
4 | revoke the
driving privileges of any person without preliminary | ||||||
5 | hearing upon a showing
of the person's records or other | ||||||
6 | sufficient evidence that
the person:
| ||||||
7 | 1. Has committed an offense for which mandatory | ||||||
8 | revocation of
a driver's license or permit is required upon | ||||||
9 | conviction;
| ||||||
10 | 2. Has been convicted of not less than 3 offenses | ||||||
11 | against traffic
regulations governing the movement of | ||||||
12 | vehicles committed within any 12
month period. No | ||||||
13 | revocation or suspension shall be entered more than
6 | ||||||
14 | months after the date of last conviction;
| ||||||
15 | 3. Has been repeatedly involved as a driver in motor | ||||||
16 | vehicle
collisions or has been repeatedly convicted of | ||||||
17 | offenses against laws and
ordinances regulating the | ||||||
18 | movement of traffic, to a degree that
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in
the | ||||||
20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws
and the safety of other persons upon the | ||||||
22 | highway;
| ||||||
23 | 4. Has by the unlawful operation of a motor vehicle | ||||||
24 | caused or
contributed to an accident resulting in death or | ||||||
25 | injury requiring
immediate professional treatment in a | ||||||
26 | 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 |
| |||||||
| |||||||
1 | State when
the person's driving privilege or privilege to | ||||||
2 | obtain a driver's license
or permit was revoked or | ||||||
3 | suspended unless the operation was authorized by
a | ||||||
4 | monitoring device driving permit, judicial driving permit | ||||||
5 | issued prior to January 1, 2009
the effective date of this | ||||||
6 | amendatory Act of the 95th General Assembly , probationary | ||||||
7 | license to drive, or a restricted
driving permit issued | ||||||
8 | under this Code;
| ||||||
9 | 12. Has submitted to any portion of the application | ||||||
10 | process for
another person or has obtained the services of | ||||||
11 | another person to submit to
any portion of the application | ||||||
12 | process for the purpose of obtaining a
license, | ||||||
13 | identification card, or permit for some other person;
| ||||||
14 | 13. Has operated a motor vehicle upon a highway of this | ||||||
15 | State when
the person's driver's license or permit was | ||||||
16 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
17 | 14. Has committed a violation of Section 6-301, | ||||||
18 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
19 | of the Illinois Identification Card
Act;
| ||||||
20 | 15. Has been convicted of violating Section 21-2 of the | ||||||
21 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
22 | vehicles in which case, the suspension
shall be for one | ||||||
23 | year;
| ||||||
24 | 16. Has been convicted of violating Section 11-204 of | ||||||
25 | this Code relating
to fleeing from a peace officer;
| ||||||
26 | 17. Has refused to submit to a test, or tests, as |
| |||||||
| |||||||
1 | required under Section
11-501.1 of this Code and the person | ||||||
2 | has not sought a hearing as
provided for in Section | ||||||
3 | 11-501.1;
| ||||||
4 | 18. Has, since issuance of a driver's license or | ||||||
5 | permit, been adjudged
to be afflicted with or suffering | ||||||
6 | from any mental disability or disease;
| ||||||
7 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
8 | of Section 6-101
relating to driving without a driver's | ||||||
9 | license;
| ||||||
10 | 20. Has been convicted of violating Section 6-104 | ||||||
11 | relating to
classification of driver's license;
| ||||||
12 | 21. Has been convicted of violating Section 11-402 of
| ||||||
13 | this Code relating to leaving the scene of an accident | ||||||
14 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
15 | which case the suspension shall be
for one year;
| ||||||
16 | 22. Has used a motor vehicle in violating paragraph | ||||||
17 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
18 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
19 | weapons, in which case the suspension shall be for one
| ||||||
20 | year;
| ||||||
21 | 23. Has, as a driver, been convicted of committing a | ||||||
22 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
23 | for a second or subsequent
time within one year of a | ||||||
24 | similar violation;
| ||||||
25 | 24. Has been convicted by a court-martial or punished | ||||||
26 | by non-judicial
punishment by military authorities of the |
| |||||||
| |||||||
1 | United States at a military
installation in Illinois of or | ||||||
2 | for a traffic related offense that is the
same as or | ||||||
3 | similar to an offense specified under Section 6-205 or | ||||||
4 | 6-206 of
this Code;
| ||||||
5 | 25. Has permitted any form of identification to be used | ||||||
6 | by another in
the application process in order to obtain or | ||||||
7 | attempt to obtain a license,
identification card, or | ||||||
8 | permit;
| ||||||
9 | 26. Has altered or attempted to alter a license or has | ||||||
10 | possessed an
altered license, identification card, or | ||||||
11 | permit;
| ||||||
12 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
13 | of 1934;
| ||||||
14 | 28. Has been convicted of the illegal possession, while | ||||||
15 | operating or
in actual physical control, as a driver, of a | ||||||
16 | motor vehicle, of any
controlled substance prohibited | ||||||
17 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
18 | prohibited under the Cannabis Control
Act, or any | ||||||
19 | methamphetamine prohibited under the Methamphetamine | ||||||
20 | Control and Community Protection Act, in which case the | ||||||
21 | person's driving privileges shall be suspended for
one | ||||||
22 | year, and any driver who is convicted of a second or | ||||||
23 | subsequent
offense, within 5 years of a previous | ||||||
24 | conviction, for the illegal
possession, while operating or | ||||||
25 | in actual physical control, as a driver, of
a motor | ||||||
26 | vehicle, of any controlled substance prohibited under the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, any cannabis
| ||||||
2 | prohibited under the Cannabis Control Act, or any | ||||||
3 | methamphetamine prohibited under the Methamphetamine | ||||||
4 | Control and Community Protection Act shall be suspended for | ||||||
5 | 5 years.
Any defendant found guilty of this offense while | ||||||
6 | operating a motor vehicle,
shall have an entry made in the | ||||||
7 | court record by the presiding judge that
this offense did | ||||||
8 | occur while the defendant was operating a motor vehicle
and | ||||||
9 | order the clerk of the court to report the violation to the | ||||||
10 | Secretary
of State;
| ||||||
11 | 29. Has been convicted of the following offenses that | ||||||
12 | were committed
while the person was operating or in actual | ||||||
13 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
14 | sexual assault,
predatory criminal sexual assault of a | ||||||
15 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
16 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
17 | soliciting for a juvenile prostitute and the manufacture, | ||||||
18 | sale or
delivery of controlled substances or instruments | ||||||
19 | used for illegal drug use
or abuse in which case the | ||||||
20 | driver's driving privileges shall be suspended
for one | ||||||
21 | year;
| ||||||
22 | 30. Has been convicted a second or subsequent time for | ||||||
23 | any
combination of the offenses named in paragraph 29 of | ||||||
24 | this subsection,
in which case the person's driving | ||||||
25 | privileges shall be suspended for 5
years;
| ||||||
26 | 31. Has refused to submit to a test as
required by |
| |||||||
| |||||||
1 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
2 | alcohol concentration of 0.08 or more or any amount of a | ||||||
3 | drug, substance, or
compound resulting from the unlawful | ||||||
4 | use or consumption of cannabis as listed
in the Cannabis | ||||||
5 | Control Act, a controlled substance as listed in the | ||||||
6 | Illinois
Controlled Substances Act, an intoxicating | ||||||
7 | compound as listed in the Use of
Intoxicating Compounds | ||||||
8 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
9 | Control and Community Protection Act, in which case the | ||||||
10 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
11 | 32. Has been convicted of Section 24-1.2 of the | ||||||
12 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
13 | of a firearm if the offender was
located in a motor vehicle | ||||||
14 | at the time the firearm was discharged, in which
case the | ||||||
15 | suspension shall be for 3 years;
| ||||||
16 | 33. Has as a driver, who was less than 21 years of age | ||||||
17 | on the date of
the offense, been convicted a first time of | ||||||
18 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
19 | or a similar provision of a local ordinance;
| ||||||
20 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
21 | this Code;
| ||||||
22 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
23 | this Code;
| ||||||
24 | 36. Is under the age of 21 years at the time of arrest | ||||||
25 | and has been
convicted of not less than 2 offenses against | ||||||
26 | traffic regulations governing
the movement of vehicles |
| |||||||
| |||||||
1 | committed within any 24 month period. No revocation
or | ||||||
2 | suspension shall be entered more than 6 months after the | ||||||
3 | date of last
conviction;
| ||||||
4 | 37. Has committed a violation of subsection (c) of | ||||||
5 | Section 11-907 of this
Code;
| ||||||
6 | 38. Has been convicted of a violation of Section 6-20 | ||||||
7 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
8 | a local ordinance;
| ||||||
9 | 39. Has committed a second or subsequent violation of | ||||||
10 | Section
11-1201 of this Code;
| ||||||
11 | 40. Has committed a violation of subsection (a-1) of | ||||||
12 | Section 11-908 of
this Code; | ||||||
13 | 41. Has committed a second or subsequent violation of | ||||||
14 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
15 | the previous violation, in which case the suspension shall | ||||||
16 | be for 90 days; | ||||||
17 | 42. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-1301.3 of this Code; or
| ||||||
19 | 43. Has received a disposition of court supervision for | ||||||
20 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance, in which case the suspension shall be | ||||||
23 | for a period of 3 months ; .
| ||||||
24 | 44.
43. Is under the age of 21 years at the time of | ||||||
25 | arrest and has been convicted of an offense against traffic | ||||||
26 | regulations governing the movement of vehicles after |
| |||||||
| |||||||
1 | having previously had his or her driving privileges
been | ||||||
2 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
3 | Section ; or . | ||||||
4 | 45.
43. Has, in connection with or during the course of | ||||||
5 | a formal hearing conducted under Section 2-118 of this | ||||||
6 | Code: (i) committed perjury; (ii) submitted fraudulent or | ||||||
7 | falsified documents; (iii) submitted documents that have | ||||||
8 | been materially altered; or (iv) submitted, as his or her | ||||||
9 | own, documents that were in fact prepared or composed for | ||||||
10 | another person.
| ||||||
11 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
12 | and 27 of this
subsection, license means any driver's license, | ||||||
13 | any traffic ticket issued when
the person's driver's license is | ||||||
14 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
15 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
16 | a probationary driver's license or a temporary driver's | ||||||
17 | license.
| ||||||
18 | (b) If any conviction forming the basis of a suspension or
| ||||||
19 | revocation authorized under this Section is appealed, the
| ||||||
20 | Secretary of State may rescind or withhold the entry of the | ||||||
21 | order of suspension
or revocation, as the case may be, provided | ||||||
22 | that a certified copy of a stay
order of a court is filed with | ||||||
23 | the Secretary of State. If the conviction is
affirmed on | ||||||
24 | appeal, the date of the conviction shall relate back to the | ||||||
25 | time
the original judgment of conviction was entered and the 6 | ||||||
26 | month limitation
prescribed shall not apply.
|
| |||||||
| |||||||
1 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
2 | permit of
any person as authorized in this Section, the | ||||||
3 | Secretary of State shall
immediately notify the person in | ||||||
4 | writing of the revocation or suspension.
The notice to be | ||||||
5 | deposited in the United States mail, postage prepaid,
to | ||||||
6 | the last known address of the person.
| ||||||
7 | 2. If the Secretary of State suspends the driver's | ||||||
8 | license
of a person under subsection 2 of paragraph (a) of | ||||||
9 | this Section, a
person's privilege to operate a vehicle as | ||||||
10 | an occupation shall not be
suspended, provided an affidavit | ||||||
11 | is properly completed, the appropriate fee
received, and a | ||||||
12 | permit issued prior to the effective date of the
| ||||||
13 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
14 | which occurred
while operating a commercial vehicle in | ||||||
15 | connection with the driver's
regular occupation. All other | ||||||
16 | driving privileges shall be suspended by the
Secretary of | ||||||
17 | State. Any driver prior to operating a vehicle for
| ||||||
18 | occupational purposes only must submit the affidavit on | ||||||
19 | forms to be
provided by the Secretary of State setting | ||||||
20 | forth the facts of the person's
occupation. The affidavit | ||||||
21 | shall also state the number of offenses
committed while | ||||||
22 | operating a vehicle in connection with the driver's regular
| ||||||
23 | occupation. The affidavit shall be accompanied by the | ||||||
24 | driver's license.
Upon receipt of a properly completed | ||||||
25 | affidavit, the Secretary of State
shall issue the driver a | ||||||
26 | permit to operate a vehicle in connection with the
driver's |
| |||||||
| |||||||
1 | regular occupation only. Unless the permit is issued by the
| ||||||
2 | Secretary of State prior to the date of suspension, the | ||||||
3 | privilege to drive
any motor vehicle shall be suspended as | ||||||
4 | set forth in the notice that was
mailed under this Section. | ||||||
5 | If an affidavit is received subsequent to the
effective | ||||||
6 | date of this suspension, a permit may be issued for the | ||||||
7 | remainder
of the suspension period.
| ||||||
8 | The provisions of this subparagraph shall not apply to | ||||||
9 | any driver
required to possess a CDL for the purpose of | ||||||
10 | operating a commercial motor vehicle.
| ||||||
11 | Any person who falsely states any fact in the affidavit | ||||||
12 | required
herein shall be guilty of perjury under Section | ||||||
13 | 6-302 and upon conviction
thereof shall have all driving | ||||||
14 | privileges revoked without further rights.
| ||||||
15 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
16 | of this Code,
the Secretary of State shall either rescind | ||||||
17 | or continue an order of
revocation or shall substitute an | ||||||
18 | order of suspension; or, good
cause appearing therefor, | ||||||
19 | rescind, continue, change, or extend the
order of | ||||||
20 | suspension. If the Secretary of State does not rescind the | ||||||
21 | order,
the Secretary may upon application,
to relieve undue | ||||||
22 | hardship (as defined by the rules of the Secretary of | ||||||
23 | State), issue
a restricted driving permit granting the | ||||||
24 | privilege of driving a motor
vehicle between the | ||||||
25 | petitioner's residence and petitioner's place of
| ||||||
26 | employment or within the scope of the petitioner's |
| |||||||
| |||||||
1 | employment related duties, or to
allow transportation for | ||||||
2 | the petitioner to transport himself or herself , or a family | ||||||
3 | household member of the
petitioner's household to a medical | ||||||
4 | facility family , to receive necessary medical care, to | ||||||
5 | allow the petitioner to transport himself or herself | ||||||
6 | provide transportation to and from alcohol or drug
remedial | ||||||
7 | or rehabilitative activity recommended by a licensed | ||||||
8 | service provider, or to allow for the petitioner to | ||||||
9 | transport himself or herself or a family member of the | ||||||
10 | petitioner's household to attend
classes, as a student, at | ||||||
11 | in an accredited educational institution , or to allow the | ||||||
12 | petitioner to transport children living in the | ||||||
13 | petitioner's household to and from daycare . The
petitioner | ||||||
14 | must demonstrate that no alternative means of
| ||||||
15 | transportation is reasonably available and that the | ||||||
16 | petitioner will not endanger
the public safety or welfare. | ||||||
17 | Those multiple offenders identified in subdivision (b)4 of | ||||||
18 | Section 6-208 of this Code, however, shall not be eligible | ||||||
19 | for the issuance of a restricted driving permit.
| ||||||
20 | (A) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2
or more convictions of violating Section | ||||||
22 | 11-501 of this Code or a similar
provision of a local | ||||||
23 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
24 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
25 | other drugs is recited as an element of the offense, or a | ||||||
26 | similar out-of-state offense, or a combination of these |
| |||||||
| |||||||
1 | offenses, arising out
of separate occurrences, that | ||||||
2 | person, if issued a restricted driving permit,
may not | ||||||
3 | operate a vehicle unless it has been equipped with an | ||||||
4 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
5 | (B) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more
times within a 10 year period due to | ||||||
7 | any combination of: | ||||||
8 | (i) a single conviction of violating Section
| ||||||
9 | 11-501 of this Code or a similar provision of a local | ||||||
10 | ordinance or a similar
out-of-state offense or Section | ||||||
11 | 9-3 of the Criminal Code of 1961, where the use of | ||||||
12 | alcohol or other drugs is recited as an element of the | ||||||
13 | offense, or a similar out-of-state offense; or | ||||||
14 | (ii) a statutory summary suspension under Section
| ||||||
15 | 11-501.1; or | ||||||
16 | (iii) a suspension under Section 6-203.1, arising | ||||||
17 | out of
separate occurrences, that person, if issued a | ||||||
18 | restricted driving permit, may
not operate a vehicle | ||||||
19 | unless it has been
equipped with an ignition interlock | ||||||
20 | device as defined in Section 1-129.1. | ||||||
21 | (C)
The person issued a permit conditioned upon the use | ||||||
22 | of an ignition interlock device must pay to the Secretary | ||||||
23 | of State DUI Administration Fund an amount
not to exceed | ||||||
24 | $30 $20 per month. The Secretary shall establish by rule | ||||||
25 | the amount
and the procedures, terms, and conditions | ||||||
26 | relating to these fees. |
| |||||||
| |||||||
1 | (D) If the
restricted driving permit is issued for | ||||||
2 | employment purposes, then the prohibition against | ||||||
3 | operating a motor vehicle that is not equipped with an | ||||||
4 | ignition interlock device does not apply to the operation | ||||||
5 | of an occupational vehicle owned or
leased by that person's | ||||||
6 | employer when used solely for employment purposes. | ||||||
7 | (E) In each case the Secretary may issue a
restricted | ||||||
8 | driving permit for a period deemed appropriate, except that | ||||||
9 | all
permits shall expire within one year from the date of | ||||||
10 | issuance. The Secretary
may not, however, issue a | ||||||
11 | restricted driving permit to any person whose current
| ||||||
12 | revocation is the result of a second or subsequent | ||||||
13 | conviction for a violation
of Section 11-501 of this Code | ||||||
14 | or a similar provision of a local ordinance
or any similar | ||||||
15 | out-of-state offense, or Section 9-3 of the Criminal Code | ||||||
16 | of 1961, where the use of alcohol or other drugs is recited | ||||||
17 | as an element of the offense, or any similar out-of-state | ||||||
18 | offense, or any combination
of those offenses, until the | ||||||
19 | expiration of at least one year from the date of
the | ||||||
20 | revocation. A
restricted driving permit issued under this | ||||||
21 | Section shall be subject to
cancellation, revocation, and | ||||||
22 | suspension by the Secretary of State in like
manner and for | ||||||
23 | like cause as a driver's license issued under this Code may | ||||||
24 | be
cancelled, revoked, or suspended; except that a | ||||||
25 | conviction upon one or more
offenses against laws or | ||||||
26 | ordinances regulating the movement of traffic
shall be |
| |||||||
| |||||||
1 | deemed sufficient cause for the revocation, suspension, or
| ||||||
2 | cancellation of a restricted driving permit. The Secretary | ||||||
3 | of State may, as
a condition to the issuance of a | ||||||
4 | restricted driving permit, require the
applicant to | ||||||
5 | participate in a designated driver remedial or | ||||||
6 | rehabilitative
program. The Secretary of State is | ||||||
7 | authorized to cancel a restricted
driving permit if the | ||||||
8 | permit holder does not successfully complete the program.
| ||||||
9 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
10 | subsection (a), reports received by the Secretary of State | ||||||
11 | under this Section shall, except during the actual time the | ||||||
12 | suspension is in effect, be privileged information and for use | ||||||
13 | only by the courts, police officers, prosecuting authorities, | ||||||
14 | the driver licensing administrator of any other state, or the | ||||||
15 | Secretary of State. However, beginning January 1, 2008, if the | ||||||
16 | person is a CDL holder, the suspension shall also be made | ||||||
17 | available to the driver licensing administrator of any other | ||||||
18 | state, the U.S. Department of Transportation, and the affected | ||||||
19 | driver or motor
carrier or prospective motor carrier upon | ||||||
20 | request.
| ||||||
21 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), the Secretary of State shall notify the person | ||||||
23 | by mail that his or her driving privileges and driver's license | ||||||
24 | will be suspended one month after the date of the mailing of | ||||||
25 | the notice.
| ||||||
26 | (c-5) The Secretary of State may, as a condition of the |
| |||||||
| |||||||
1 | reissuance of a
driver's license or permit to an applicant | ||||||
2 | whose driver's license or permit has
been suspended before he | ||||||
3 | or she reached the age of 18 years pursuant to any of
the | ||||||
4 | provisions of this Section, require the applicant to | ||||||
5 | participate in a
driver remedial education course and be | ||||||
6 | retested under Section 6-109 of this
Code.
| ||||||
7 | (d) This Section is subject to the provisions of the | ||||||
8 | Drivers License
Compact.
| ||||||
9 | (e) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to
a person under the age of 16 years whose | ||||||
11 | driving privileges have been suspended
or revoked under any | ||||||
12 | provisions of this Code.
| ||||||
13 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
14 | State may not issue a restricted driving permit for the | ||||||
15 | operation of a commercial motor vehicle to a person holding a | ||||||
16 | CDL whose driving privileges have been suspended, revoked, | ||||||
17 | cancelled, or disqualified under any provisions of this Code. | ||||||
18 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
19 | 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | ||||||
20 | 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | ||||||
21 | revised 11-16-07.)
| ||||||
22 | (625 ILCS 5/11-501.01)
| ||||||
23 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
24 | (a) After a finding of guilt and prior to any final | ||||||
25 | sentencing or an order for supervision, for an offense based |
| |||||||
| |||||||
1 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
2 | provision of a local ordinance, individuals shall be required | ||||||
3 | to undergo a professional evaluation to determine if an | ||||||
4 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
5 | and the extent of the problem, and undergo the imposition of | ||||||
6 | treatment as appropriate. Programs conducting these | ||||||
7 | evaluations shall be licensed by the Department of Human | ||||||
8 | Services. The cost of any professional evaluation shall be paid | ||||||
9 | for by the individual required to undergo the professional | ||||||
10 | evaluation. | ||||||
11 | (b) Any person who is found guilty of or pleads guilty to | ||||||
12 | violating Section 11-501, including any person receiving a | ||||||
13 | disposition of court supervision for violating that Section, | ||||||
14 | may be required by the Court to attend a victim impact panel | ||||||
15 | offered by, or under contract with, a county State's Attorney's | ||||||
16 | office, a probation and court services department, Mothers | ||||||
17 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
18 | Motorists. All costs generated by the victim impact panel shall | ||||||
19 | be paid from fees collected from the offender or as may be | ||||||
20 | determined by the court. | ||||||
21 | (c) Every person found guilty of violating Section 11-501, | ||||||
22 | whose operation of a motor vehicle while in violation of that | ||||||
23 | Section proximately caused any incident resulting in an | ||||||
24 | appropriate emergency response, shall be liable for the expense | ||||||
25 | of an emergency response as provided in subsection (i) of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (d) The Secretary of State shall revoke the driving | ||||||
2 | privileges of any person convicted under Section 11-501 or a | ||||||
3 | similar provision of a local ordinance. | ||||||
4 | (e) The Secretary of State shall require the use of | ||||||
5 | ignition interlock devices on all vehicles owned by a person an | ||||||
6 | individual who has been convicted of a second or subsequent | ||||||
7 | offense of Section 11-501 or a similar provision of a local | ||||||
8 | ordinance. The person must pay to the Secretary of State DUI | ||||||
9 | Administration Fund an amount not to exceed $30 for each month | ||||||
10 | that he or she uses the device. The Secretary shall establish | ||||||
11 | by rule and regulation the procedures for certification and use | ||||||
12 | of the interlock system , the amount of the fee, and the | ||||||
13 | procedures, terms, and conditions relating to these fees . | ||||||
14 | (f) In addition to any other penalties and liabilities, a | ||||||
15 | person who is found guilty of or pleads guilty to violating | ||||||
16 | Section 11-501, including any person placed on court | ||||||
17 | supervision for violating Section 11-501, shall be assessed | ||||||
18 | $500, payable to the circuit clerk, who shall distribute the | ||||||
19 | money as follows: 20% to the law enforcement agency that made | ||||||
20 | the arrest, and 80% shall be forwarded to the State Treasurer | ||||||
21 | for deposit into the General Revenue Fund. If the person has | ||||||
22 | been previously convicted of violating Section 11-501 or a | ||||||
23 | similar provision of a local ordinance, the fine shall be | ||||||
24 | $1,000. In the event that more than one agency is responsible | ||||||
25 | for the arrest, the amount payable to law enforcement agencies | ||||||
26 | shall be shared equally. Any moneys received by a law |
| |||||||
| |||||||
1 | enforcement agency under this subsection (f) shall be used to | ||||||
2 | purchase law enforcement equipment that will assist in the | ||||||
3 | prevention of alcohol related criminal violence throughout the | ||||||
4 | State. This shall include, but is not limited to, in-car video | ||||||
5 | cameras, radar and laser speed detection devices, and alcohol | ||||||
6 | breath testers. Any moneys received by the Department of State | ||||||
7 | Police under this subsection (f) shall be deposited into the | ||||||
8 | State Police DUI Fund and shall be used to purchase law | ||||||
9 | enforcement equipment that will assist in the prevention of | ||||||
10 | alcohol related criminal violence throughout the State. | ||||||
11 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
12 | special fund in the State treasury. All moneys received by the | ||||||
13 | Secretary of State Police under subsection (f) of this Section | ||||||
14 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
15 | and, subject to appropriation, shall be used to purchase law | ||||||
16 | enforcement equipment to assist in the prevention of alcohol | ||||||
17 | related criminal violence throughout the State. | ||||||
18 | (h) Whenever an individual is sentenced for an offense | ||||||
19 | based upon an arrest for a violation of Section 11-501 or a | ||||||
20 | similar provision of a local ordinance, and the professional | ||||||
21 | evaluation recommends remedial or rehabilitative treatment or | ||||||
22 | education, neither the treatment nor the education shall be the | ||||||
23 | sole disposition and either or both may be imposed only in | ||||||
24 | conjunction with another disposition. The court shall monitor | ||||||
25 | compliance with any remedial education or treatment | ||||||
26 | recommendations contained in the professional evaluation. |
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1 | Programs conducting alcohol or other drug evaluation or | ||||||
2 | remedial education must be licensed by the Department of Human | ||||||
3 | Services. If the individual is not a resident of Illinois, | ||||||
4 | however, the court may accept an alcohol or other drug | ||||||
5 | evaluation or remedial education program in the individual's | ||||||
6 | state of residence. Programs providing treatment must be | ||||||
7 | licensed under existing applicable alcoholism and drug | ||||||
8 | treatment licensure standards. | ||||||
9 | (i) In addition to any other fine or penalty required by | ||||||
10 | law, an individual convicted of a violation of Section 11-501, | ||||||
11 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
12 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
13 | similar provision, whose operation of a motor vehicle, | ||||||
14 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
15 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
16 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
17 | similar provision proximately caused an incident resulting in | ||||||
18 | an appropriate emergency response, shall be required to make | ||||||
19 | restitution to a public agency for the costs of that emergency | ||||||
20 | response. The restitution may not exceed $1,000 per public | ||||||
21 | agency for each emergency response. As used in this subsection | ||||||
22 | (i), "emergency response" means any incident requiring a | ||||||
23 | response by a police officer, a firefighter carried on the | ||||||
24 | rolls of a regularly constituted fire department, or an | ||||||
25 | ambulance.
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26 | (Source: P.A. 95-578, eff. 6-1-08.)
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