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1 | AN ACT concerning all-terrain vehicles, which may be | ||||||||||||||||||||||||
2 | referred to as Lacee's Law.
| ||||||||||||||||||||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
4 | represented in the General Assembly:
| ||||||||||||||||||||||||
5 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
6 | 27-24.2 and by adding Section 27-23.8 as follows: | ||||||||||||||||||||||||
7 | (105 ILCS 5/27-23.8 new) | ||||||||||||||||||||||||
8 | Sec. 27-23.8. Education on all-terrain vehicle and | ||||||||||||||||||||||||
9 | off-highway motorcycle laws. School districts shall provide | ||||||||||||||||||||||||
10 | instruction in relation to the laws regarding the operation of | ||||||||||||||||||||||||
11 | all-terrain vehicles, as defined by Section 1-101.8 of the | ||||||||||||||||||||||||
12 | Illinois Vehicle Code, and off-highway motorcycles, as defined | ||||||||||||||||||||||||
13 | by Section 1-153.1 of the Illinois Vehicle Code, in grades | ||||||||||||||||||||||||
14 | kindergarten through 12 and shall include such instruction in | ||||||||||||||||||||||||
15 | social studies, American government, driver education, or | ||||||||||||||||||||||||
16 | other appropriate courses of study. The instruction shall | ||||||||||||||||||||||||
17 | emphasize that the illegal operation of all-terrain vehicles | ||||||||||||||||||||||||
18 | and off-highway motorcycles presents a serious safety hazard to | ||||||||||||||||||||||||
19 | persons who operate all-terrain vehicles and off-highway | ||||||||||||||||||||||||
20 | motorcycles in violation of the laws of this State. The State | ||||||||||||||||||||||||
21 | Board of Education may assist in the development of | ||||||||||||||||||||||||
22 | instructional materials and teacher training in relation to | ||||||||||||||||||||||||
23 | all-terrain vehicle and off-highway motorcycle laws.
|
| |||||||
| |||||||
1 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
| ||||||
2 | Sec. 27-24.2. Driver education course. Any school district | ||||||
3 | which maintains
grades 9 through 12 shall offer a driver | ||||||
4 | education course in any such school
which it operates. Both the | ||||||
5 | classroom instruction part and the practice driving
part of | ||||||
6 | such driver education course shall be open to a resident or
| ||||||
7 | non-resident pupil attending a non-public school in the | ||||||
8 | district wherein the
course is offered and to each resident of | ||||||
9 | the district who acquires or holds a
currently valid driver's | ||||||
10 | license during the term of the course and who is at
least 15 | ||||||
11 | but has not reached 21 years of age, without regard to whether | ||||||
12 | any
such person is enrolled in any other course offered in any | ||||||
13 | school that the
district operates. Each student attending any | ||||||
14 | public or non-public high school
in the district must receive a | ||||||
15 | passing grade in at least 8 courses during the
previous 2 | ||||||
16 | semesters prior to enrolling in a driver education course, or | ||||||
17 | the
student shall not be permitted to enroll in the course; | ||||||
18 | provided that the local
superintendent of schools (with respect | ||||||
19 | to a student attending a public high
school in the district) or | ||||||
20 | chief school administrator (with respect to a
student attending | ||||||
21 | a non-public high school in the district) may waive the
| ||||||
22 | requirement if the superintendent or chief school | ||||||
23 | administrator, as the case
may be, deems it to be in the best | ||||||
24 | interest of the student. Any school district
required to offer | ||||||
25 | a driver education course or courses as provided in this
|
| |||||||
| |||||||
1 | Section also is authorized to offer either the classroom | ||||||
2 | instruction part or
the practice driving part or both such | ||||||
3 | parts of a driver education course to
any resident of the | ||||||
4 | district who is over age 55; provided that any such school
| ||||||
5 | district which elects to offer either or both parts of such | ||||||
6 | course to such
residents shall be entitled to make either or | ||||||
7 | both parts of such course
available to such residents at any | ||||||
8 | attendance center or centers within the
district designated by | ||||||
9 | the school board; and provided further that no part of
any such | ||||||
10 | driver education course shall be offered to any resident of the
| ||||||
11 | district over age 55 unless space therein remains available | ||||||
12 | after all persons
to whom such part of the driver education | ||||||
13 | course is required to be open as
provided in this Section and | ||||||
14 | who have requested such course have registered
therefor, and | ||||||
15 | unless such resident of the district over age 55 is a person | ||||||
16 | who
has not previously been licensed as a driver under the laws | ||||||
17 | of this or any
other state or country. However, a student may | ||||||
18 | be allowed to commence the
classroom instruction part of such | ||||||
19 | driver education course prior to reaching
age 15 if such | ||||||
20 | student then will be eligible to complete the entire course
| ||||||
21 | within 12 months after being allowed to commence such classroom | ||||||
22 | instruction.
| ||||||
23 | Such a driver education course shall include classroom | ||||||
24 | instruction on distracted driving as a major traffic safety | ||||||
25 | issue. Such a driver education course may include classroom | ||||||
26 | instruction on
the safety rules and operation of motorcycles or |
| |||||||
| |||||||
1 | motor driven cycles. Such a driver education course must | ||||||
2 | include classroom instruction on
the safety rules and operation | ||||||
3 | of all-terrain vehicles and off-highway motorcycles.
| ||||||
4 | Such a course may be commenced immediately after the | ||||||
5 | completion of a prior
course. Teachers of such courses shall | ||||||
6 | meet the certification requirements of
this Act and regulations | ||||||
7 | of the State Board as to qualifications.
| ||||||
8 | (Source: P.A. 95-339, eff. 8-21-07.)
| ||||||
9 | Section 10. The Illinois Vehicle Code is amended by | ||||||
10 | changing Sections 6-109, 6-206, 11-501, 11-1426, and 11-1427 | ||||||
11 | and by adding Section 11-1427.5 as follows:
| ||||||
12 | (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
| ||||||
13 | Sec. 6-109. Examination of Applicants.
| ||||||
14 | (a) The Secretary of State shall examine every applicant | ||||||
15 | for a driver's
license or permit who has not been previously | ||||||
16 | licensed as a driver under the
laws of this State or any other | ||||||
17 | state or country, or any applicant for renewal
of such driver's | ||||||
18 | license or permit when such license or permit has been expired
| ||||||
19 | for more than one year. The Secretary of State shall, subject | ||||||
20 | to the
provisions of paragraph (c), examine every licensed | ||||||
21 | driver at least every 8
years, and may examine or re-examine | ||||||
22 | any other applicant or licensed driver,
provided that during | ||||||
23 | the years 1984 through 1991 those drivers issued a license
for | ||||||
24 | 3 years may be re-examined not less than every 7 years or more |
| |||||||
| |||||||
1 | than every
10 years.
| ||||||
2 | The Secretary of State shall require the testing of the | ||||||
3 | eyesight of any
driver's license or permit applicant who has | ||||||
4 | not been previously licensed
as a driver under the laws of this | ||||||
5 | State and shall promulgate rules and
regulations to provide for | ||||||
6 | the orderly administration of all the provisions of
this | ||||||
7 | Section.
| ||||||
8 | (b) Except as provided for those applicants in paragraph | ||||||
9 | (c), such
examination shall include a test of the applicant's
| ||||||
10 | eyesight, his ability to read and understand official traffic | ||||||
11 | control devices,
his knowledge of safe driving practices and | ||||||
12 | the traffic and all-terrain vehicle or off-highway motorcycle | ||||||
13 | laws of this State,
and may include an actual demonstration of | ||||||
14 | the applicant's ability to exercise
ordinary and reasonable | ||||||
15 | control of the operation of a motor vehicle, and
such further | ||||||
16 | physical and mental examination as the Secretary of State finds
| ||||||
17 | necessary to determine the applicant's fitness to operate a | ||||||
18 | motor vehicle
safely on the highways, except the examination of | ||||||
19 | an applicant 75 years
of age or older shall include an actual | ||||||
20 | demonstration of the applicant's
ability to exercise ordinary | ||||||
21 | and reasonable control of the operation of
a motor vehicle. All | ||||||
22 | portions of written and verbal examinations under
this Section, | ||||||
23 | excepting where the English language appears on facsimiles
of | ||||||
24 | road signs, may be given in the Spanish language and, at the | ||||||
25 | discretion
of the Secretary of State, in any other language as | ||||||
26 | well as in English upon
request of the examinee. Deaf persons |
| |||||||
| |||||||
1 | who are otherwise qualified are not
prohibited from being | ||||||
2 | issued a license, other than a commercial driver's
license, | ||||||
3 | under this Code.
| ||||||
4 | (c) Re-examination for those applicants who at the time of | ||||||
5 | renewing their
driver's license possess a driving record devoid | ||||||
6 | of any convictions of traffic
violations or evidence of | ||||||
7 | committing an offense
for which mandatory revocation
would be | ||||||
8 | required upon conviction pursuant to Section 6-205 at the time
| ||||||
9 | of renewal shall be in a manner prescribed by the Secretary
in | ||||||
10 | order to determine an applicant's ability to safely operate a | ||||||
11 | motor
vehicle,
except that every applicant for the renewal of a | ||||||
12 | driver's license who is
75 years of age or older must prove, by | ||||||
13 | an actual demonstration,
the applicant's ability to exercise | ||||||
14 | reasonable care in the safe operation
of a motor vehicle.
| ||||||
15 | (d) In the event the applicant is not ineligible under the | ||||||
16 | provisions of
Section 6-103 to receive a driver's license, the | ||||||
17 | Secretary of State
shall make provision for giving an | ||||||
18 | examination, either in the county where
the applicant resides | ||||||
19 | or at a place adjacent thereto reasonably convenient
to the | ||||||
20 | applicant, within not more than 30 days from the date said
| ||||||
21 | application is received.
| ||||||
22 | (Source: P.A. 91-350, eff. 7-29-99.)
| ||||||
23 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
24 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
25 | license or
permit; Right to a hearing.
|
| |||||||
| |||||||
1 | (a) The Secretary of State is authorized to suspend or | ||||||
2 | revoke the
driving privileges of any person without preliminary | ||||||
3 | hearing upon a showing
of the person's records or other | ||||||
4 | sufficient evidence that
the person:
| ||||||
5 | 1. Has committed an offense for which mandatory | ||||||
6 | revocation of
a driver's license or permit is required upon | ||||||
7 | conviction;
| ||||||
8 | 2. Has been convicted of not less than 3 offenses | ||||||
9 | against traffic
regulations governing the movement of | ||||||
10 | vehicles committed within any 12
month period. No | ||||||
11 | revocation or suspension shall be entered more than
6 | ||||||
12 | months after the date of last conviction;
| ||||||
13 | 3. Has been repeatedly involved as a driver in motor | ||||||
14 | vehicle
collisions or has been repeatedly convicted of | ||||||
15 | offenses against laws and
ordinances regulating the | ||||||
16 | movement of traffic, to a degree that
indicates lack of | ||||||
17 | ability to exercise ordinary and reasonable care in
the | ||||||
18 | safe operation of a motor vehicle or disrespect for the | ||||||
19 | traffic laws
and the safety of other persons upon the | ||||||
20 | highway;
| ||||||
21 | 4. Has by the unlawful operation of a motor vehicle | ||||||
22 | caused or
contributed to an accident resulting in death or | ||||||
23 | injury requiring
immediate professional treatment in a | ||||||
24 | medical facility or doctor's office
to any person, except | ||||||
25 | that any suspension or revocation imposed by the
Secretary | ||||||
26 | of State under the provisions of this subsection shall |
| |||||||
| |||||||
1 | start no
later than 6 months after being convicted of | ||||||
2 | violating a law or
ordinance regulating the movement of | ||||||
3 | traffic, which violation is related
to the accident, or | ||||||
4 | shall start not more than one year
after
the date of the | ||||||
5 | accident, whichever date occurs later;
| ||||||
6 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
7 | driver's
license, identification card, or permit;
| ||||||
8 | 6. Has been lawfully convicted of an offense or | ||||||
9 | offenses in another
state, including the authorization | ||||||
10 | contained in Section 6-203.1, which
if committed within | ||||||
11 | this State would be grounds for suspension or revocation;
| ||||||
12 | 7. Has refused or failed to submit to an examination | ||||||
13 | provided for by
Section 6-207 or has failed to pass the | ||||||
14 | examination;
| ||||||
15 | 8. Is ineligible for a driver's license or permit under | ||||||
16 | the provisions
of Section 6-103;
| ||||||
17 | 9. Has made a false statement or knowingly concealed a | ||||||
18 | material fact
or has used false information or | ||||||
19 | identification in any application for a
license, | ||||||
20 | identification card, or permit;
| ||||||
21 | 10. Has possessed, displayed, or attempted to | ||||||
22 | fraudulently use any
license, identification card, or | ||||||
23 | permit not issued to the person;
| ||||||
24 | 11. Has operated a motor vehicle upon a highway of this | ||||||
25 | State when
the person's driving privilege or privilege to | ||||||
26 | obtain a driver's license
or permit was revoked or |
| |||||||
| |||||||
1 | suspended unless the operation was authorized by
a | ||||||
2 | monitoring device driving permit, judicial driving permit | ||||||
3 | issued prior to January 1, 2009, probationary license to | ||||||
4 | drive, or a restricted
driving permit issued under this | ||||||
5 | Code;
| ||||||
6 | 12. Has submitted to any portion of the application | ||||||
7 | process for
another person or has obtained the services of | ||||||
8 | another person to submit to
any portion of the application | ||||||
9 | process for the purpose of obtaining a
license, | ||||||
10 | identification card, or permit for some other person;
| ||||||
11 | 13. Has operated a motor vehicle upon a highway of this | ||||||
12 | State when
the person's driver's license or permit was | ||||||
13 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
14 | 14. Has committed a violation of Section 6-301, | ||||||
15 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
16 | of the Illinois Identification Card
Act;
| ||||||
17 | 15. Has been convicted of violating Section 21-2 of the | ||||||
18 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
19 | vehicles in which case, the suspension
shall be for one | ||||||
20 | year;
| ||||||
21 | 16. Has been convicted of violating Section 11-204 of | ||||||
22 | this Code relating
to fleeing from a peace officer;
| ||||||
23 | 17. Has refused to submit to a test, or tests, as | ||||||
24 | required under Section
11-501.1 of this Code and the person | ||||||
25 | has not sought a hearing as
provided for in Section | ||||||
26 | 11-501.1;
|
| |||||||
| |||||||
1 | 18. Has, since issuance of a driver's license or | ||||||
2 | permit, been adjudged
to be afflicted with or suffering | ||||||
3 | from any mental disability or disease;
| ||||||
4 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
5 | of Section 6-101
relating to driving without a driver's | ||||||
6 | license;
| ||||||
7 | 20. Has been convicted of violating Section 6-104 | ||||||
8 | relating to
classification of driver's license;
| ||||||
9 | 21. Has been convicted of violating Section 11-402 of
| ||||||
10 | this Code relating to leaving the scene of an accident | ||||||
11 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
12 | which case the suspension shall be
for one year;
| ||||||
13 | 22. Has used a motor vehicle in violating paragraph | ||||||
14 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
15 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
16 | weapons, in which case the suspension shall be for one
| ||||||
17 | year;
| ||||||
18 | 23. Has, as a driver, been convicted of committing a | ||||||
19 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
20 | for a second or subsequent
time within one year of a | ||||||
21 | similar violation;
| ||||||
22 | 24. Has been convicted by a court-martial or punished | ||||||
23 | by non-judicial
punishment by military authorities of the | ||||||
24 | United States at a military
installation in Illinois of or | ||||||
25 | for a traffic related offense that is the
same as or | ||||||
26 | similar to an offense specified under Section 6-205 or |
| |||||||
| |||||||
1 | 6-206 of
this Code;
| ||||||
2 | 25. Has permitted any form of identification to be used | ||||||
3 | by another in
the application process in order to obtain or | ||||||
4 | attempt to obtain a license,
identification card, or | ||||||
5 | permit;
| ||||||
6 | 26. Has altered or attempted to alter a license or has | ||||||
7 | possessed an
altered license, identification card, or | ||||||
8 | permit;
| ||||||
9 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
10 | of 1934;
| ||||||
11 | 28. Has been convicted of the illegal possession, while | ||||||
12 | operating or
in actual physical control, as a driver, of a | ||||||
13 | motor vehicle, of any
controlled substance prohibited | ||||||
14 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
15 | prohibited under the Cannabis Control
Act, or any | ||||||
16 | methamphetamine prohibited under the Methamphetamine | ||||||
17 | Control and Community Protection Act, in which case the | ||||||
18 | person's driving privileges shall be suspended for
one | ||||||
19 | year, and any driver who is convicted of a second or | ||||||
20 | subsequent
offense, within 5 years of a previous | ||||||
21 | conviction, for the illegal
possession, while operating or | ||||||
22 | in actual physical control, as a driver, of
a motor | ||||||
23 | vehicle, of any controlled substance prohibited under the | ||||||
24 | Illinois Controlled Substances Act, any cannabis
| ||||||
25 | prohibited under the Cannabis Control Act, or any | ||||||
26 | methamphetamine prohibited under the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act shall be suspended for | ||||||
2 | 5 years.
Any defendant found guilty of this offense while | ||||||
3 | operating a motor vehicle,
shall have an entry made in the | ||||||
4 | court record by the presiding judge that
this offense did | ||||||
5 | occur while the defendant was operating a motor vehicle
and | ||||||
6 | order the clerk of the court to report the violation to the | ||||||
7 | Secretary
of State;
| ||||||
8 | 29. Has been convicted of the following offenses that | ||||||
9 | were committed
while the person was operating or in actual | ||||||
10 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
11 | sexual assault,
predatory criminal sexual assault of a | ||||||
12 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
13 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
14 | soliciting for a juvenile prostitute and the manufacture, | ||||||
15 | sale or
delivery of controlled substances or instruments | ||||||
16 | used for illegal drug use
or abuse in which case the | ||||||
17 | driver's driving privileges shall be suspended
for one | ||||||
18 | year;
| ||||||
19 | 30. Has been convicted a second or subsequent time for | ||||||
20 | any
combination of the offenses named in paragraph 29 of | ||||||
21 | this subsection,
in which case the person's driving | ||||||
22 | privileges shall be suspended for 5
years;
| ||||||
23 | 31. Has refused to submit to a test as
required by | ||||||
24 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
25 | alcohol concentration of 0.08 or more or any amount of a | ||||||
26 | drug, substance, or
compound resulting from the unlawful |
| |||||||
| |||||||
1 | use or consumption of cannabis as listed
in the Cannabis | ||||||
2 | Control Act, a controlled substance as listed in the | ||||||
3 | Illinois
Controlled Substances Act, an intoxicating | ||||||
4 | compound as listed in the Use of
Intoxicating Compounds | ||||||
5 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
6 | Control and Community Protection Act, in which case the | ||||||
7 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
8 | 32. Has been convicted of Section 24-1.2 of the | ||||||
9 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
10 | of a firearm if the offender was
located in a motor vehicle | ||||||
11 | at the time the firearm was discharged, in which
case the | ||||||
12 | suspension shall be for 3 years;
| ||||||
13 | 33. Has as a driver, who was less than 21 years of age | ||||||
14 | on the date of
the offense, been convicted a first time of | ||||||
15 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
16 | or a similar provision of a local ordinance;
| ||||||
17 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
18 | this Code;
| ||||||
19 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
20 | this Code;
| ||||||
21 | 36. Is under the age of 21 years at the time of arrest | ||||||
22 | and has been
convicted of not less than 2 offenses against | ||||||
23 | traffic regulations governing
the movement of vehicles | ||||||
24 | committed within any 24 month period. No revocation
or | ||||||
25 | suspension shall be entered more than 6 months after the | ||||||
26 | date of last
conviction;
|
| |||||||
| |||||||
1 | 37. Has committed a violation of subsection (c) of | ||||||
2 | Section 11-907 of this
Code that resulted in damage to the | ||||||
3 | property of another or the death or injury of another;
| ||||||
4 | 38. Has been convicted of a violation of Section 6-20 | ||||||
5 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
6 | a local ordinance;
| ||||||
7 | 39. Has committed a second or subsequent violation of | ||||||
8 | Section
11-1201 of this Code;
| ||||||
9 | 40. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-908 of
this Code; | ||||||
11 | 41. Has committed a second or subsequent violation of | ||||||
12 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
13 | the previous violation, in which case the suspension shall | ||||||
14 | be for 90 days; | ||||||
15 | 42. Has committed a violation of subsection (a-1) of | ||||||
16 | Section 11-1301.3 of this Code;
| ||||||
17 | 43. Has received a disposition of court supervision for | ||||||
18 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
19 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
20 | a local ordinance, in which case the suspension shall be | ||||||
21 | for a period of 3 months;
| ||||||
22 | 44.
Is under the age of 21 years at the time of arrest | ||||||
23 | and has been convicted of an offense against traffic | ||||||
24 | regulations governing the movement of vehicles after | ||||||
25 | having previously had his or her driving privileges
| ||||||
26 | suspended or revoked pursuant to subparagraph 36 of this |
| |||||||
| |||||||
1 | Section; or | ||||||
2 | 45.
Has, in connection with or during the course of a | ||||||
3 | formal hearing conducted under Section 2-118 of this Code: | ||||||
4 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
5 | falsified documents; (iii) submitted documents that have | ||||||
6 | been materially altered; or (iv) submitted, as his or her | ||||||
7 | own, documents that were in fact prepared or composed for | ||||||
8 | another person ; or .
| ||||||
9 | 46. Has committed a violation of Section 11-1426, | ||||||
10 | paragraph (4) of subsection (i) of Section 11-1427 of this | ||||||
11 | Code, or similar provisions of a local ordinance, in which | ||||||
12 | case the suspension shall be for a period of 6 months. | ||||||
13 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
14 | and 27 of this
subsection, license means any driver's license, | ||||||
15 | any traffic ticket issued when
the person's driver's license is | ||||||
16 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
17 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
18 | a probationary driver's license or a temporary driver's | ||||||
19 | license.
| ||||||
20 | (b) If any conviction forming the basis of a suspension or
| ||||||
21 | revocation authorized under this Section is appealed, the
| ||||||
22 | Secretary of State may rescind or withhold the entry of the | ||||||
23 | order of suspension
or revocation, as the case may be, provided | ||||||
24 | that a certified copy of a stay
order of a court is filed with | ||||||
25 | the Secretary of State. If the conviction is
affirmed on | ||||||
26 | appeal, the date of the conviction shall relate back to the |
| |||||||
| |||||||
1 | time
the original judgment of conviction was entered and the 6 | ||||||
2 | month limitation
prescribed shall not apply.
| ||||||
3 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
4 | permit of
any person as authorized in this Section, the | ||||||
5 | Secretary of State shall
immediately notify the person in | ||||||
6 | writing of the revocation or suspension.
The notice to be | ||||||
7 | deposited in the United States mail, postage prepaid,
to the | ||||||
8 | last known address of the person.
| ||||||
9 | 2. If the Secretary of State suspends the driver's | ||||||
10 | license
of a person under subsection 2 of paragraph (a) of | ||||||
11 | this Section, a
person's privilege to operate a vehicle as | ||||||
12 | an occupation shall not be
suspended, provided an affidavit | ||||||
13 | is properly completed, the appropriate fee
received, and a | ||||||
14 | permit issued prior to the effective date of the
| ||||||
15 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
16 | which occurred
while operating a commercial vehicle in | ||||||
17 | connection with the driver's
regular occupation. All other | ||||||
18 | driving privileges shall be suspended by the
Secretary of | ||||||
19 | State. Any driver prior to operating a vehicle for
| ||||||
20 | occupational purposes only must submit the affidavit on | ||||||
21 | forms to be
provided by the Secretary of State setting | ||||||
22 | forth the facts of the person's
occupation. The affidavit | ||||||
23 | shall also state the number of offenses
committed while | ||||||
24 | operating a vehicle in connection with the driver's regular
| ||||||
25 | occupation. The affidavit shall be accompanied by the | ||||||
26 | driver's license.
Upon receipt of a properly completed |
| |||||||
| |||||||
1 | affidavit, the Secretary of State
shall issue the driver a | ||||||
2 | permit to operate a vehicle in connection with the
driver's | ||||||
3 | regular occupation only. Unless the permit is issued by the
| ||||||
4 | Secretary of State prior to the date of suspension, the | ||||||
5 | privilege to drive
any motor vehicle shall be suspended as | ||||||
6 | set forth in the notice that was
mailed under this Section. | ||||||
7 | If an affidavit is received subsequent to the
effective | ||||||
8 | date of this suspension, a permit may be issued for the | ||||||
9 | remainder
of the suspension period.
| ||||||
10 | The provisions of this subparagraph shall not apply to | ||||||
11 | any driver
required to possess a CDL for the purpose of | ||||||
12 | operating a commercial motor vehicle.
| ||||||
13 | Any person who falsely states any fact in the affidavit | ||||||
14 | required
herein shall be guilty of perjury under Section | ||||||
15 | 6-302 and upon conviction
thereof shall have all driving | ||||||
16 | privileges revoked without further rights.
| ||||||
17 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
18 | of this Code,
the Secretary of State shall either rescind | ||||||
19 | or continue an order of
revocation or shall substitute an | ||||||
20 | order of suspension; or, good
cause appearing therefor, | ||||||
21 | rescind, continue, change, or extend the
order of | ||||||
22 | suspension. If the Secretary of State does not rescind the | ||||||
23 | order,
the Secretary may upon application,
to relieve undue | ||||||
24 | hardship (as defined by the rules of the Secretary of | ||||||
25 | State), issue
a restricted driving permit granting the | ||||||
26 | privilege of driving a motor
vehicle between the |
| |||||||
| |||||||
1 | petitioner's residence and petitioner's place of
| ||||||
2 | employment or within the scope of the petitioner's | ||||||
3 | employment related duties, or to
allow the petitioner to | ||||||
4 | transport himself or herself, or a family member of the
| ||||||
5 | petitioner's household to a medical facility, to receive | ||||||
6 | necessary medical care, to allow the petitioner to | ||||||
7 | transport himself or herself to and from alcohol or drug
| ||||||
8 | remedial or rehabilitative activity recommended by a | ||||||
9 | licensed service provider, or to allow the petitioner to | ||||||
10 | transport himself or herself or a family member of the | ||||||
11 | petitioner's household to classes, as a student, at an | ||||||
12 | accredited educational institution, or to allow the | ||||||
13 | petitioner to transport children living in the | ||||||
14 | petitioner's household to and from daycare. The
petitioner | ||||||
15 | must demonstrate that no alternative means of
| ||||||
16 | transportation is reasonably available and that the | ||||||
17 | petitioner will not endanger
the public safety or welfare. | ||||||
18 | Those multiple offenders identified in subdivision (b)4 of | ||||||
19 | Section 6-208 of this Code, however, shall not be eligible | ||||||
20 | for the issuance of a restricted driving permit.
| ||||||
21 |
(A) If a person's license or permit is revoked or | ||||||
22 | suspended due to 2
or more convictions of violating | ||||||
23 | Section 11-501 of this Code or a similar
provision of a | ||||||
24 | local ordinance or a similar out-of-state offense, or | ||||||
25 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
26 | of alcohol or other drugs is recited as an element of |
| |||||||
| |||||||
1 | the offense, or a similar out-of-state offense, or a | ||||||
2 | combination of these offenses, arising out
of separate | ||||||
3 | occurrences, that person, if issued a restricted | ||||||
4 | driving permit,
may not operate a vehicle unless it has | ||||||
5 | been equipped with an ignition
interlock device as | ||||||
6 | defined in Section 1-129.1.
| ||||||
7 | (B) If a person's license or permit is revoked or | ||||||
8 | suspended 2 or more
times within a 10 year period due | ||||||
9 | to any combination of: | ||||||
10 | (i) a single conviction of violating Section
| ||||||
11 | 11-501 of this Code or a similar provision of a | ||||||
12 | local ordinance or a similar
out-of-state offense | ||||||
13 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
14 | the use of alcohol or other drugs is recited as an | ||||||
15 | element of the offense, or a similar out-of-state | ||||||
16 | offense; or | ||||||
17 | (ii) a statutory summary suspension under | ||||||
18 | Section
11-501.1; or | ||||||
19 | (iii) a suspension under Section 6-203.1; | ||||||
20 | arising out of
separate occurrences; that person, if | ||||||
21 | issued a restricted driving permit, may
not operate a | ||||||
22 | vehicle unless it has been
equipped with an ignition | ||||||
23 | interlock device as defined in Section 1-129.1. | ||||||
24 | (C)
The person issued a permit conditioned upon the | ||||||
25 | use of an ignition interlock device must pay to the | ||||||
26 | Secretary of State DUI Administration Fund an amount
|
| |||||||
| |||||||
1 | not to exceed $30 per month. The Secretary shall | ||||||
2 | establish by rule the amount
and the procedures, terms, | ||||||
3 | and conditions relating to these fees. | ||||||
4 | (D) If the
restricted driving permit is issued for | ||||||
5 | employment purposes, then the prohibition against | ||||||
6 | operating a motor vehicle that is not equipped with an | ||||||
7 | ignition interlock device does not apply to the | ||||||
8 | operation of an occupational vehicle owned or
leased by | ||||||
9 | that person's employer when used solely for employment | ||||||
10 | purposes. | ||||||
11 | (E) In each case the Secretary may issue a
| ||||||
12 | restricted driving permit for a period deemed | ||||||
13 | appropriate, except that all
permits shall expire | ||||||
14 | within one year from the date of issuance. The | ||||||
15 | Secretary
may not, however, issue a restricted driving | ||||||
16 | permit to any person whose current
revocation is the | ||||||
17 | result of a second or subsequent conviction for a | ||||||
18 | violation
of Section 11-501 of this Code or a similar | ||||||
19 | provision of a local ordinance
or any similar | ||||||
20 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
21 | Code of 1961, where the use of alcohol or other drugs | ||||||
22 | is recited as an element of the offense, or any similar | ||||||
23 | out-of-state offense, or any combination
of those | ||||||
24 | offenses, until the expiration of at least one year | ||||||
25 | from the date of
the revocation. A
restricted driving | ||||||
26 | permit issued under this Section shall be subject to
|
| |||||||
| |||||||
1 | cancellation, revocation, and suspension by the | ||||||
2 | Secretary of State in like
manner and for like cause as | ||||||
3 | a driver's license issued under this Code may be
| ||||||
4 | cancelled, revoked, or suspended; except that a | ||||||
5 | conviction upon one or more
offenses against laws or | ||||||
6 | ordinances regulating the movement of traffic
shall be | ||||||
7 | deemed sufficient cause for the revocation, | ||||||
8 | suspension, or
cancellation of a restricted driving | ||||||
9 | permit. The Secretary of State may, as
a condition to | ||||||
10 | the issuance of a restricted driving permit, require | ||||||
11 | the
applicant to participate in a designated driver | ||||||
12 | remedial or rehabilitative
program. The Secretary of | ||||||
13 | State is authorized to cancel a restricted
driving | ||||||
14 | permit if the permit holder does not successfully | ||||||
15 | complete the program.
| ||||||
16 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
17 | subsection (a), reports received by the Secretary of State | ||||||
18 | under this Section shall, except during the actual time the | ||||||
19 | suspension is in effect, be privileged information and for use | ||||||
20 | only by the courts, police officers, prosecuting authorities, | ||||||
21 | the driver licensing administrator of any other state, or the | ||||||
22 | Secretary of State. However, beginning January 1, 2008, if the | ||||||
23 | person is a CDL holder, the suspension shall also be made | ||||||
24 | available to the driver licensing administrator of any other | ||||||
25 | state, the U.S. Department of Transportation, and the affected | ||||||
26 | driver or motor
carrier or prospective motor carrier upon |
| |||||||
| |||||||
1 | request.
| ||||||
2 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
3 | subsection (a), the Secretary of State shall notify the person | ||||||
4 | by mail that his or her driving privileges and driver's license | ||||||
5 | will be suspended one month after the date of the mailing of | ||||||
6 | the notice.
| ||||||
7 | (c-5) The Secretary of State may, as a condition of the | ||||||
8 | reissuance of a
driver's license or permit to an applicant | ||||||
9 | whose driver's license or permit has
been suspended before he | ||||||
10 | or she reached the age of 18 years pursuant to any of
the | ||||||
11 | provisions of this Section, require the applicant to | ||||||
12 | participate in a
driver remedial education course and be | ||||||
13 | retested under Section 6-109 of this
Code.
| ||||||
14 | (d) This Section is subject to the provisions of the | ||||||
15 | Drivers License
Compact.
| ||||||
16 | (e) The Secretary of State shall not issue a restricted | ||||||
17 | driving permit to
a person under the age of 16 years whose | ||||||
18 | driving privileges have been suspended
or revoked under any | ||||||
19 | provisions of this Code.
| ||||||
20 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
21 | State may not issue a restricted driving permit for the | ||||||
22 | operation of a commercial motor vehicle to a person holding a | ||||||
23 | CDL whose driving privileges have been suspended, revoked, | ||||||
24 | cancelled, or disqualified under any provisions of this Code. | ||||||
25 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
26 | 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; |
| |||||||
| |||||||
1 | 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | ||||||
2 | 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; | ||||||
3 | revised 9-5-08.)
| ||||||
4 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
5 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof.
| ||||||
8 | (a) A person shall not drive or be in actual physical | ||||||
9 | control of any motor vehicle , as defined by Section 1-146 of | ||||||
10 | this Code, within this State while: | ||||||
11 | (1) the alcohol concentration in the person's blood or | ||||||
12 | breath is 0.08 or more based on the definition of blood and | ||||||
13 | breath units in Section 11-501.2; | ||||||
14 | (2) under the influence of alcohol; | ||||||
15 | (3) under the influence of any intoxicating compound or | ||||||
16 | combination of intoxicating compounds to a degree that | ||||||
17 | renders the person incapable of driving safely; | ||||||
18 | (4) under the influence of any other drug or | ||||||
19 | combination of drugs to a degree that renders the person | ||||||
20 | incapable of safely driving; | ||||||
21 | (5) under the combined influence of alcohol, other drug | ||||||
22 | or drugs, or intoxicating compound or compounds to a degree | ||||||
23 | that renders the person incapable of safely driving; or | ||||||
24 | (6) there is any amount of a drug, substance, or | ||||||
25 | compound in the person's breath, blood, or urine resulting |
| |||||||
| |||||||
1 | from the unlawful use or consumption of cannabis listed in | ||||||
2 | the Cannabis Control Act, a controlled substance listed in | ||||||
3 | the Illinois Controlled Substances Act, an intoxicating | ||||||
4 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
5 | or methamphetamine as listed in the Methamphetamine | ||||||
6 | Control and Community Protection Act.
| ||||||
7 | (b) The fact that any person charged with violating this | ||||||
8 | Section is or has been legally entitled to use alcohol, other | ||||||
9 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
10 | combination thereof, shall not constitute a defense against any | ||||||
11 | charge of violating this Section. | ||||||
12 | (c) Penalties. | ||||||
13 | (1) Except as otherwise provided in this Section, any | ||||||
14 | person convicted of violating subsection (a) of this | ||||||
15 | Section is guilty of a Class A misdemeanor. | ||||||
16 | (2) A person who violates subsection (a) or a similar | ||||||
17 | provision a second time shall be sentenced to a mandatory | ||||||
18 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
19 | of community service in addition to any other criminal or | ||||||
20 | administrative sanction. | ||||||
21 | (3) A person who violates subsection (a) is subject to | ||||||
22 | 6 months of imprisonment, an additional mandatory minimum | ||||||
23 | fine of $1,000, and 25 days of community service in a | ||||||
24 | program benefiting children if the person was transporting | ||||||
25 | a person under the age of 16 at the time of the violation. | ||||||
26 | (4) A person who violates subsection (a) a first time, |
| |||||||
| |||||||
1 | if the alcohol concentration in his or her blood, breath, | ||||||
2 | or urine was 0.16 or more based on the definition of blood, | ||||||
3 | breath, or urine units in Section 11-501.2, shall be | ||||||
4 | subject, in addition to any other penalty that may be | ||||||
5 | imposed, to a mandatory minimum of 100 hours of community | ||||||
6 | service and a mandatory minimum fine of $500. | ||||||
7 | (5) A person who violates subsection (a) a second time, | ||||||
8 | if at the time of the second violation the alcohol | ||||||
9 | concentration in his or her blood, breath, or urine was | ||||||
10 | 0.16 or more based on the definition of blood, breath, or | ||||||
11 | urine units in Section 11-501.2, shall be subject, in | ||||||
12 | addition to any other penalty that may be imposed, to a | ||||||
13 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
14 | minimum fine of $1,250. | ||||||
15 | (d) Aggravated driving under the influence of alcohol, | ||||||
16 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
17 | any combination thereof.
| ||||||
18 | (1) Every person convicted of committing a violation of | ||||||
19 | this Section shall be guilty of aggravated driving under | ||||||
20 | the influence of alcohol, other drug or drugs, or | ||||||
21 | intoxicating compound or compounds, or any combination | ||||||
22 | thereof if: | ||||||
23 | (A) the person committed a violation of subsection | ||||||
24 | (a) or a similar provision for the third or subsequent | ||||||
25 | time; | ||||||
26 | (B) the person committed a violation of subsection |
| |||||||
| |||||||
1 | (a) while driving a school bus with persons 18 years of | ||||||
2 | age or younger on board; | ||||||
3 | (C) the person in committing a violation of | ||||||
4 | subsection (a) was involved in a motor vehicle accident | ||||||
5 | that resulted in great bodily harm or permanent | ||||||
6 | disability or disfigurement to another, when the | ||||||
7 | violation was a proximate cause of the injuries; | ||||||
8 | (D) the person committed a violation of subsection | ||||||
9 | (a) for a second time and has been previously convicted | ||||||
10 | of violating Section 9-3 of the Criminal Code of 1961 | ||||||
11 | or a similar provision of a law of another state | ||||||
12 | relating to reckless homicide in which the person was | ||||||
13 | determined to have been under the influence of alcohol, | ||||||
14 | other drug or drugs, or intoxicating compound or | ||||||
15 | compounds as an element of the offense or the person | ||||||
16 | has previously been convicted under subparagraph (C) | ||||||
17 | or subparagraph (F) of this paragraph (1); | ||||||
18 | (E) the person, in committing a violation of | ||||||
19 | subsection (a) while driving at any speed in a school | ||||||
20 | speed zone at a time when a speed limit of 20 miles per | ||||||
21 | hour was in effect under subsection (a) of Section | ||||||
22 | 11-605 of this Code, was involved in a motor vehicle | ||||||
23 | accident that resulted in bodily harm, other than great | ||||||
24 | bodily harm or permanent disability or disfigurement, | ||||||
25 | to another person, when the violation of subsection (a) | ||||||
26 | was a proximate cause of the bodily harm; |
| |||||||
| |||||||
1 | (F) the person, in committing a violation of | ||||||
2 | subsection (a), was involved in a motor vehicle, | ||||||
3 | snowmobile, all-terrain vehicle, or watercraft | ||||||
4 | accident that resulted in the death of another person, | ||||||
5 | when the violation of subsection (a) was a proximate | ||||||
6 | cause of the death; | ||||||
7 | (G) the person committed a violation of subsection | ||||||
8 | (a) during a period in which the defendant's driving | ||||||
9 | privileges are revoked or suspended, where the | ||||||
10 | revocation or suspension was for a violation of | ||||||
11 | subsection (a) or a similar provision, Section | ||||||
12 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
13 | reckless homicide as defined in Section 9-3 of the | ||||||
14 | Criminal Code of 1961; | ||||||
15 | (H) the person committed the violation while he or | ||||||
16 | she did not possess a driver's license or permit or a | ||||||
17 | restricted driving permit or a judicial driving permit | ||||||
18 | or a monitoring device driving permit; | ||||||
19 | (I) the person committed the violation while he or | ||||||
20 | she knew or should have known that the vehicle he or | ||||||
21 | she was driving was not covered by a liability | ||||||
22 | insurance policy; | ||||||
23 | (J) the person in committing a violation of | ||||||
24 | subsection (a) was involved in a motor vehicle accident | ||||||
25 | that resulted in bodily harm, but not great bodily | ||||||
26 | harm, to the child under the age of 16 being |
| |||||||
| |||||||
1 | transported by the person, if the violation was the | ||||||
2 | proximate cause of the injury; or | ||||||
3 | (K) the person in committing a second violation of | ||||||
4 | subsection (a) or a similar provision was transporting | ||||||
5 | a person under the age of 16. | ||||||
6 | (2)(A) Except as provided otherwise, a person | ||||||
7 | convicted of aggravated driving under the influence of | ||||||
8 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
9 | compounds, or any combination thereof is guilty of a Class | ||||||
10 | 4 felony. | ||||||
11 | (B) A third violation of this Section or a similar | ||||||
12 | provision is a Class 2 felony. If at the time of the third | ||||||
13 | violation the alcohol concentration in his or her blood, | ||||||
14 | breath, or urine was 0.16 or more based on the definition | ||||||
15 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
16 | mandatory minimum of 90 days of imprisonment and a | ||||||
17 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
18 | addition to any other criminal or administrative sanction. | ||||||
19 | If at the time of the third violation, the defendant was | ||||||
20 | transporting a person under the age of 16, a mandatory fine | ||||||
21 | of $25,000 and 25 days of community service in a program | ||||||
22 | benefiting children shall be imposed in addition to any | ||||||
23 | other criminal or administrative sanction. | ||||||
24 | (C) A fourth violation of this Section or a similar | ||||||
25 | provision is a Class 2 felony, for which a sentence of | ||||||
26 | probation or conditional discharge may not be imposed. If |
| |||||||
| |||||||
1 | at the time of the violation, the alcohol concentration in | ||||||
2 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
3 | based on the definition of blood, breath, or urine units in | ||||||
4 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
5 | be imposed in addition to any other criminal or | ||||||
6 | administrative sanction. If at the time of the fourth | ||||||
7 | violation, the defendant was transporting a person under | ||||||
8 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
9 | community service in a program benefiting children shall be | ||||||
10 | imposed in addition to any other criminal or administrative | ||||||
11 | sanction. | ||||||
12 | (D) A fifth violation of this Section or a similar | ||||||
13 | provision is a Class 1 felony, for which a sentence of | ||||||
14 | probation or conditional discharge may not be imposed. If | ||||||
15 | at the time of the violation, the alcohol concentration in | ||||||
16 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
17 | based on the definition of blood, breath, or urine units in | ||||||
18 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
19 | be imposed in addition to any other criminal or | ||||||
20 | administrative sanction. If at the time of the fifth | ||||||
21 | violation, the defendant was transporting a person under | ||||||
22 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
23 | community service in a program benefiting children shall be | ||||||
24 | imposed in addition to any other criminal or administrative | ||||||
25 | sanction. | ||||||
26 | (E) A sixth or subsequent violation of this Section or |
| |||||||
| |||||||
1 | similar provision is a Class X felony. If at the time of | ||||||
2 | the violation, the alcohol concentration in the | ||||||
3 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
4 | on the definition of blood, breath, or urine units in | ||||||
5 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
6 | be imposed in addition to any other criminal or | ||||||
7 | administrative sanction. If at the time of the violation, | ||||||
8 | the defendant was transporting a person under the age of | ||||||
9 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
10 | service in a program benefiting children shall be imposed | ||||||
11 | in addition to any other criminal or administrative | ||||||
12 | sanction. | ||||||
13 | (F) For a violation of subparagraph (C) of paragraph | ||||||
14 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
15 | a term of imprisonment, shall be sentenced to not less than | ||||||
16 | one year nor more than 12 years. | ||||||
17 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
18 | this subsection (d) is a Class 2 felony, for which the | ||||||
19 | defendant, unless the court determines that extraordinary | ||||||
20 | circumstances exist and require probation, shall be | ||||||
21 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
22 | years and not more than 14 years if the violation resulted | ||||||
23 | in the death of one person; or (ii) a term of imprisonment | ||||||
24 | of not less than 6 years and not more than 28 years if the | ||||||
25 | violation resulted in the deaths of 2 or more persons. | ||||||
26 | (H) For a violation of subparagraph (J) of paragraph |
| |||||||
| |||||||
1 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
2 | 25 days of community service in a program benefiting | ||||||
3 | children shall be imposed in addition to any other criminal | ||||||
4 | or administrative sanction. | ||||||
5 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
6 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
7 | fine of $2,500, and 25 days of community service in a | ||||||
8 | program benefiting children shall be imposed in addition to | ||||||
9 | any other criminal or administrative sanction. If the child | ||||||
10 | being transported suffered bodily harm, but not great | ||||||
11 | bodily harm, in a motor vehicle accident, and the violation | ||||||
12 | was the proximate cause of that injury, a mandatory fine of | ||||||
13 | $5,000 and 25 days of community service in a program | ||||||
14 | benefiting children shall be imposed in addition to any | ||||||
15 | other criminal or administrative sanction. | ||||||
16 | (3) Any person sentenced under this subsection (d) who | ||||||
17 | receives a term of probation or conditional discharge must | ||||||
18 | serve a minimum term of either 480 hours of community | ||||||
19 | service or 10 days of imprisonment as a condition of the | ||||||
20 | probation or conditional discharge in addition to any other | ||||||
21 | criminal or administrative sanction. | ||||||
22 | (e) Any reference to a prior violation of subsection (a) or | ||||||
23 | a similar provision includes any violation of a provision of a | ||||||
24 | local ordinance or a provision of a law of another state or an | ||||||
25 | offense committed on a military installation that is similar to | ||||||
26 | a violation of subsection (a) of this Section. |
| |||||||
| |||||||
1 | (f) The imposition of a mandatory term of imprisonment or | ||||||
2 | assignment of community service for a violation of this Section | ||||||
3 | shall not be suspended or reduced by the court. | ||||||
4 | (g) Any penalty imposed for driving with a license that has | ||||||
5 | been revoked for a previous violation of subsection (a) of this | ||||||
6 | Section shall be in addition to the penalty imposed for any | ||||||
7 | subsequent violation of subsection (a). | ||||||
8 | (h) For any prosecution under this Section, a certified | ||||||
9 | copy of the driving abstract of the defendant shall be admitted | ||||||
10 | as proof of any prior conviction.
| ||||||
11 | (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | ||||||
12 | eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | ||||||
13 | eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | ||||||
14 | 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | ||||||
15 | 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
| ||||||
16 | (625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)
| ||||||
17 | Sec. 11-1426. Operation of all-terrain vehicles and | ||||||
18 | off-highway
motorcycles on streets, roads
and
highways.
| ||||||
19 | (a) Except as provided under this Section, it shall be | ||||||
20 | unlawful for
any person to drive or operate any all-terrain | ||||||
21 | vehicle or off-highway
motorcycle upon any street,
highway or | ||||||
22 | roadway in this State.
| ||||||
23 | (a-1) (Blank). It shall not be unlawful for any person to | ||||||
24 | drive or operate any all-terrain vehicle upon any county | ||||||
25 | roadway or township roadway for the purpose of conducting |
| |||||||
| |||||||
1 | farming operations to and from the home, farm, farm buildings, | ||||||
2 | and any adjacent or nearby farm land. An all-terrain vehicle | ||||||
3 | that is operated on a county or township roadway at any time | ||||||
4 | between one-half hour before sunset and one-half hour after | ||||||
5 | sunrise must be equipped with head lamps and tail lamps, and | ||||||
6 | the head lamps and tail lamps must be lighted. | ||||||
7 | (b) Except as provided under subsection (c) of this | ||||||
8 | Section, all-terrain
vehicles and off-highway motorcycles may | ||||||
9 | make a direct crossing provided:
| ||||||
10 | (1) The crossing is made at an angle of approximately | ||||||
11 | 90 degrees to the
direction of the street, road or highway | ||||||
12 | and at a place where no
obstruction prevents a quick and | ||||||
13 | safe crossing; and
| ||||||
14 | (2) The all-terrain vehicle or off-highway motorcycle | ||||||
15 | is brought to a
complete stop before attempting a crossing; | ||||||
16 | and
| ||||||
17 | (3) The operator of the all-terrain vehicle or | ||||||
18 | off-highway motorcycle
yields the right of way to all | ||||||
19 | pedestrian and vehicular traffic which
constitutes a | ||||||
20 | hazard; and
| ||||||
21 | (4) That when crossing a divided highway, the crossing | ||||||
22 | is made only at
an intersection of the highway with another | ||||||
23 | public street, road, or
highway; and
| ||||||
24 | (5) That when accessing township roadways in counties | ||||||
25 | which contain a
tract of the Shawnee National Forest, the | ||||||
26 | accessing complies with rules
promulgated by the |
| |||||||
| |||||||
1 | Department of Natural Resources to
govern the accessing.
| ||||||
2 | (c) No person operating an all-terrain vehicle or | ||||||
3 | off-highway motorcycle
shall make a direct crossing upon or | ||||||
4 | across any tollroad, interstate
highway, or controlled access | ||||||
5 | highway in this State.
| ||||||
6 | (d) The corporate authorities of a county, road district, | ||||||
7 | township, city,
village, or incorporated town may adopt | ||||||
8 | ordinances or resolutions allowing
all-terrain vehicles and | ||||||
9 | off-highway motorcycles to be operated on roadways
under their | ||||||
10 | jurisdiction, designated by signs as may be prescribed by the
| ||||||
11 | Department, when it is necessary to cross a bridge or culvert | ||||||
12 | or when it is
impracticable to gain immediate access to an area | ||||||
13 | adjacent to a highway where
an all-terrain vehicle or | ||||||
14 | off-highway motorcycle is to be operated. The
crossing shall be | ||||||
15 | made in the same direction as traffic.
| ||||||
16 | (e) (Blank). The corporate authorities of a county, road | ||||||
17 | district, township, city,
village, or incorporated town may | ||||||
18 | adopt ordinances or resolutions designating
one or more | ||||||
19 | specific public highways or streets under their jurisdiction as
| ||||||
20 | egress and ingress routes for the use of all-terrain vehicles | ||||||
21 | and off-highway
motorcycles. Operation of all-terrain vehicles | ||||||
22 | and off-highway motorcycles on
the routes shall be in the same | ||||||
23 | direction as traffic. Corporate authorities
acting under the | ||||||
24 | authority of this subsection (e) shall erect and maintain
| ||||||
25 | signs, as may be prescribed by the Department, giving proper | ||||||
26 | notice of the
designation.
|
| |||||||
| |||||||
1 | (f) The Secretary of State may suspend a person's driver's | ||||||
2 | license for violation of this Section. | ||||||
3 | (Source: P.A. 95-575, eff. 8-31-07.)
| ||||||
4 | (625 ILCS 5/11-1427)
| ||||||
5 | Sec. 11-1427.
Illegal operation of an all-terrain vehicle
| ||||||
6 | or off-highway motorcycle. It is unlawful for any person to | ||||||
7 | drive
or operate any all-terrain vehicle or off-highway | ||||||
8 | motorcycle in the following
ways:
| ||||||
9 | (a) Careless Operation. No person shall operate any | ||||||
10 | all-terrain vehicle
or off-highway motorcycle in a careless or | ||||||
11 | heedless manner so as to be
grossly indifferent to the person | ||||||
12 | or property of other persons, or at a
rate of speed greater | ||||||
13 | than will permit him in the exercise of reasonable
care to | ||||||
14 | bring the all-terrain vehicle or off-highway motorcycle to a | ||||||
15 | stop
within the assured clear distance ahead.
| ||||||
16 | (b) Reckless Operation. No person shall operate any | ||||||
17 | all-terrain vehicle
or off-highway motorcycle in such a manner | ||||||
18 | as to endanger the life, limb or
property of any person.
| ||||||
19 | (c) Within any nature preserve as defined in Section 3.11 | ||||||
20 | of the
Illinois Natural Areas Preservation Act.
| ||||||
21 | (d) On the tracks or right of way of an operating railroad.
| ||||||
22 | (e) In any tree nursery or planting in a manner which | ||||||
23 | damages or
destroys growing stock, or creates a substantial | ||||||
24 | risk thereto.
| ||||||
25 | (f) On private property, without the written or verbal |
| |||||||
| |||||||
1 | consent of the
owner or lessee thereof. Any person operating an | ||||||
2 | all-terrain vehicle or off-highway
motorcycle upon lands of
| ||||||
3 | another shall stop and identify himself upon the request of the
| ||||||
4 | landowner or his duly authorized representative, and, if | ||||||
5 | requested to do
so by the landowner shall promptly remove the | ||||||
6 | all-terrain vehicle or
off-highway motorcycle from the | ||||||
7 | premises.
| ||||||
8 | (g) Notwithstanding any other law to the contrary, an | ||||||
9 | owner, lessee,
or occupant of premises owes no duty of care to | ||||||
10 | keep
the premises safe for entry or use by others for use by an | ||||||
11 | all-terrain
vehicle or off-highway motorcycle, or to
give | ||||||
12 | warning of any condition, use, structure or activity
on such | ||||||
13 | premises.
This subsection does not apply where permission to | ||||||
14 | drive or operate an
all-terrain vehicle or off-highway | ||||||
15 | motorcycle
is given for a valuable consideration other than to | ||||||
16 | this
State, any political subdivision or municipality of this | ||||||
17 | State, or any
landowner
who is paid with funds from the | ||||||
18 | Off-Highway Vehicle Trails Fund. In
the case of land leased to | ||||||
19 | the State or a subdivision of the State, any
consideration | ||||||
20 | received is not valuable consideration within the meaning of
| ||||||
21 | this Section.
| ||||||
22 | Nothing in this subsection limits in any way liability | ||||||
23 | which
otherwise exists for willful or malicious failure to | ||||||
24 | guard or warn against
a dangerous condition, use, structure, or | ||||||
25 | activity.
| ||||||
26 | (h) On publicly owned lands unless such lands are |
| |||||||
| |||||||
1 | designated for use by
all-terrain vehicles or off-highway | ||||||
2 | motorcycles.
For publicly owned lands to be designated for use | ||||||
3 | by all-terrain vehicles
or off-highway motorcycles a public | ||||||
4 | hearing shall be conducted by the
governmental entity that has | ||||||
5 | jurisdiction over the proposed land
prior to the designation.
| ||||||
6 | Nothing in this subsection limits in any way liability | ||||||
7 | which
otherwise exists for willful or malicious failure to | ||||||
8 | guard or warn against
a dangerous condition, use, structure, or | ||||||
9 | activity.
| ||||||
10 | (h-1) At a rate of speed too fast for conditions, and the | ||||||
11 | fact that the
speed of the all-terrain vehicle or off-highway | ||||||
12 | motorcycle does not exceed the
applicable maximum speed
limit | ||||||
13 | allowed does not relieve the driver from the duty to decrease
| ||||||
14 | speed as may be necessary to avoid colliding with any person, | ||||||
15 | vehicle,
or object within legal requirements and the duty of | ||||||
16 | all persons to use
due care.
| ||||||
17 | (h-2) On the frozen surface of public waters of this State | ||||||
18 | within 100
feet of a person, including a skater, not in or upon | ||||||
19 | an
all-terrain vehicle or off-highway motorcycle; within
100 | ||||||
20 | feet of a person engaged in fishing, except at the minimum | ||||||
21 | speed
required to maintain forward movement of the all-terrain | ||||||
22 | vehicle or off-highway
motorcycle; on an area
which has been | ||||||
23 | cleared of snow for skating purposes unless the area is
| ||||||
24 | necessary for access to the frozen waters of this State.
| ||||||
25 | (h-3) Within 100 feet of a dwelling between midnight and 6 | ||||||
26 | a.m. at a
speed greater than the minimum required to maintain |
| |||||||
| |||||||
1 | forward movement of
the all-terrain vehicle or off-highway | ||||||
2 | motorcycle. This subdivision (h-5) does
not
apply on private | ||||||
3 | property
where verbal or written consent of the owner or lessee | ||||||
4 | has been granted
to drive or operate an all-terrain vehicle or | ||||||
5 | off-highway motorcycle upon the
private property or frozen | ||||||
6 | waters of this State.
| ||||||
7 | (i) Other Prohibitions.
| ||||||
8 | (1) No person, except persons permitted by
law, shall | ||||||
9 | operate or ride any all-terrain vehicle or off-highway
| ||||||
10 | motorcycle with any firearm in his or her possession unless | ||||||
11 | he or she is
in compliance with Section 2.33 of the | ||||||
12 | Wildlife Code.
| ||||||
13 | (2) No person shall operate any all-terrain vehicle or | ||||||
14 | off-highway
motorcycle emitting pollutants in violation of | ||||||
15 | standards established
pursuant to the Environmental | ||||||
16 | Protection Act.
| ||||||
17 | (3) No person shall deposit from an all-terrain vehicle | ||||||
18 | or off-highway
motorcycle on the snow, ice or ground | ||||||
19 | surface, trash, glass, garbage,
insoluble material, or | ||||||
20 | other offensive matter.
| ||||||
21 | (4) No person shall ride an all-terrain vehicle or | ||||||
22 | off-highway motorcycle as a passenger. The Secretary of | ||||||
23 | State may suspend the operator's driver's license for | ||||||
24 | violation of this paragraph. | ||||||
25 | (5) No person under the age of 16 shall operate an | ||||||
26 | all-terrain vehicle or off-highway motorcycle. |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (6) No person shall operate an all-terrain vehicle or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | off-highway motorcycle without a valid driver's license. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (7) No person shall operate an all-terrain vehicle or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | off-highway motorcycle without a properly fitted helmet | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | secured to the person's head. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/11-1427.5 new)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 11-1427.5. Public information on all-terrain vehicle | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | and or off-highway motorcycle laws. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (a) The laws and rules related to the operation of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | all-terrain vehicles and off-highway motorcycles in this Code | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | shall be included in any publication of the "Rules of the Road" | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | that the Secretary of State may publish after the effective | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | date of this amendatory Act of the 96th General Assembly. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (b) The laws and rules related to the operation of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | all-terrain vehicles and off-highway motorcycles in this Code | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | shall be included in any publication of the "Laws for Youth" | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | that the Legislative Research Unit may publish after the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | effective date of this amendatory Act of the 96th General | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Assembly.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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