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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 6-103, 6-106.1, and 6-202 and the heading of Article | ||||||
6 | IV Ch. 6 and Sections 6-401, 6-402, 6-403, 6-404, 6-405, 6-406, | ||||||
7 | 6-407, 6-408, 6-408.5, 6-409, 6-410, 6-411, 6-412, 6-413, | ||||||
8 | 6-414, 6-415, 6-416, 6-417, 6-419, 6-420, 6-422, 6-901, and | ||||||
9 | 11-1301.3 as follows:
| ||||||
10 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||||||
11 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
12 | or granted
permits. The Secretary of State shall not issue, | ||||||
13 | renew, or
allow the retention of any driver's
license nor issue | ||||||
14 | any permit under this Code:
| ||||||
15 | 1. To any person, as a driver, who is under the age of | ||||||
16 | 18 years except
as provided in Section 6-107, and except | ||||||
17 | that an instruction permit may be
issued under Section | ||||||
18 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
19 | the child is enrolled in an approved
driver education | ||||||
20 | course as defined in Section 1-103 of this Code and
| ||||||
21 | requires an instruction permit to participate therein, | ||||||
22 | except that an
instruction permit may be issued under the | ||||||
23 | provisions of Section 6-107.1
to a child who is 17 years |
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| |||||||
1 | and 3 months of age without the child having
enrolled in an
| ||||||
2 | approved driver education course and except that an
| ||||||
3 | instruction permit may be issued to a child who is at least | ||||||
4 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
5 | the educational requirements of
the Driver Education Act, | ||||||
6 | and has passed examinations the Secretary of State in
his | ||||||
7 | or her discretion may prescribe;
| ||||||
8 | 2. To any person who is under the age of 18 as an | ||||||
9 | operator of a motorcycle
other than a motor driven cycle | ||||||
10 | unless the person has, in addition to
meeting the | ||||||
11 | provisions of Section 6-107 of this Code, successfully
| ||||||
12 | completed a motorcycle
training course approved by the | ||||||
13 | Illinois Department of Transportation and
successfully | ||||||
14 | completes the required Secretary of State's motorcycle | ||||||
15 | driver's
examination;
| ||||||
16 | 3. To any person, as a driver, whose driver's license | ||||||
17 | or permit has been
suspended, during the suspension, nor to | ||||||
18 | any person whose driver's license or
permit has been | ||||||
19 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
20 | 6-208;
| ||||||
21 | 4. To any person, as a driver, who is a user of alcohol | ||||||
22 | or any other
drug to a degree that renders the person | ||||||
23 | incapable of safely driving a motor
vehicle;
| ||||||
24 | 5. To any person, as a driver, who has previously been | ||||||
25 | adjudged to be
afflicted with or suffering from any mental | ||||||
26 | or physical disability or disease
and who has not at the |
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| |||||||
1 | time of application been restored to competency by the
| ||||||
2 | methods provided by law;
| ||||||
3 | 6. To any person, as a driver, who is required by the | ||||||
4 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
5 | or take an examination provided
for in this Code unless the | ||||||
6 | person has
successfully passed the examination and | ||||||
7 | submitted any required evaluation;
| ||||||
8 | 7. To any person who is required under the provisions | ||||||
9 | of the laws of
this State to deposit security or proof of | ||||||
10 | financial responsibility and who
has not deposited the | ||||||
11 | security or proof;
| ||||||
12 | 8. To any person when the Secretary of State has good | ||||||
13 | cause to believe
that the person by reason of physical or | ||||||
14 | mental disability would not be
able to safely operate a | ||||||
15 | motor vehicle upon the highways, unless the
person shall | ||||||
16 | furnish to the Secretary of State a verified written
| ||||||
17 | statement, acceptable to the Secretary of State, from a | ||||||
18 | competent medical
specialist to the effect that the | ||||||
19 | operation of a motor vehicle by the
person would not be | ||||||
20 | inimical to the public safety;
| ||||||
21 | 9. To any person, as a driver, who is 69 years of age | ||||||
22 | or older, unless
the person has successfully complied with | ||||||
23 | the provisions of Section 6-109;
| ||||||
24 | 10. To any person convicted, within 12 months of | ||||||
25 | application for a
license, of any of the sexual offenses | ||||||
26 | enumerated in paragraph 2 of subsection
(b) of Section |
| |||||||
| |||||||
1 | 6-205;
| ||||||
2 | 11. To any person who is under the age of 21 years with | ||||||
3 | a classification
prohibited in paragraph (b) of Section | ||||||
4 | 6-104 and to any person who is under
the age of 18 years | ||||||
5 | with a classification prohibited in paragraph (c) of
| ||||||
6 | Section 6-104;
| ||||||
7 | 12. To any person who has been either convicted of or | ||||||
8 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
9 | a violation of the Cannabis Control
Act, the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act while that person was in | ||||||
12 | actual
physical control of a motor vehicle. For purposes of | ||||||
13 | this Section, any person
placed on probation under Section | ||||||
14 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
15 | Controlled Substances Act, or Section 70 of the | ||||||
16 | Methamphetamine Control and Community Protection Act shall | ||||||
17 | not be considered convicted.
Any person found guilty of | ||||||
18 | this offense, while in actual physical control of a
motor | ||||||
19 | vehicle, shall have an entry made in the court record by | ||||||
20 | the judge that
this offense did occur while the person was | ||||||
21 | in actual physical control of a
motor vehicle and order the | ||||||
22 | clerk of the court to report the violation to the
Secretary | ||||||
23 | of State as such. The Secretary of State shall not issue a | ||||||
24 | new
license or permit for a period of one year;
| ||||||
25 | 13. To any person who is under the age of 18 years and | ||||||
26 | who has committed
the offense
of operating a motor vehicle |
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1 | without a valid license or permit in violation of
Section | ||||||
2 | 6-101 or a similar out of state offense;
| ||||||
3 | 14. To any person who is
90 days or more
delinquent in | ||||||
4 | court ordered child support
payments or has been | ||||||
5 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
6 | obligation or more
and who has been found in contempt
of
| ||||||
7 | court for failure to pay the support, subject to the | ||||||
8 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
9 | the Illinois Vehicle Code;
| ||||||
10 | 14.5. To any person certified by the Illinois | ||||||
11 | Department of Healthcare and Family Services as being 90 | ||||||
12 | days or more delinquent in payment of support under an | ||||||
13 | order of support entered by a court or administrative body | ||||||
14 | of this or any other State, subject to the requirements and | ||||||
15 | procedures of Article VII of Chapter 7 of this Code | ||||||
16 | regarding those certifications;
| ||||||
17 | 15. To any person released from a term of imprisonment | ||||||
18 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
19 | similar provision of a law of another state relating to | ||||||
20 | reckless homicide or for violating subparagraph (F) of | ||||||
21 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
22 | Code relating to aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, intoxicating compound or | ||||||
24 | compounds, or any combination thereof, if the violation was | ||||||
25 | the proximate cause of a death, within
24 months of release | ||||||
26 | from a term of imprisonment;
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| |||||||
1 | 16. To any person who, with intent to influence any act | ||||||
2 | related to the issuance of any driver's license or permit, | ||||||
3 | by an employee of the Secretary of State's Office, or the | ||||||
4 | owner or employee of any commercial driver exam training | ||||||
5 | school licensed by the Secretary of State, or any other | ||||||
6 | individual authorized by the laws of this State to give | ||||||
7 | driving instructions or administer all or part of a | ||||||
8 | driver's license examination, promises or tenders to that | ||||||
9 | person any property or personal advantage which that person | ||||||
10 | is not authorized by law to accept. Any persons promising | ||||||
11 | or tendering such property or personal advantage shall be | ||||||
12 | disqualified from holding any class of driver's license or | ||||||
13 | permit for 120 consecutive days. The Secretary of State | ||||||
14 | shall establish by rule the procedures for implementing | ||||||
15 | this period of disqualification and the procedures by which | ||||||
16 | persons so disqualified may obtain administrative review | ||||||
17 | of the decision to disqualify;
| ||||||
18 | 17. To any person for whom the Secretary of State | ||||||
19 | cannot verify the
accuracy of any information or | ||||||
20 | documentation submitted in application for a
driver's | ||||||
21 | license; or
| ||||||
22 | 18. To any person who has been adjudicated under the | ||||||
23 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
24 | determined by the court to have been committed in | ||||||
25 | furtherance of the criminal activities of an organized | ||||||
26 | gang, as provided in Section 5-710 of that Act, and that |
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1 | involved the operation or use of a motor vehicle or the use | ||||||
2 | of a driver's license or permit. The person shall be denied | ||||||
3 | a license or permit for the period determined by the court.
| ||||||
4 | The Secretary of State shall retain all conviction
| ||||||
5 | information, if the information is required to be held | ||||||
6 | confidential under
the Juvenile Court Act of 1987. | ||||||
7 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685, | ||||||
8 | eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09; | ||||||
9 | 96-740, eff. 1-1-10; revised 9-15-09.) | ||||||
10 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||||||
11 | Sec. 6-106.1. School bus driver permit.
| ||||||
12 | (a) The Secretary of State shall issue a school bus driver
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13 | permit to those applicants who have met all the requirements of | ||||||
14 | the
application and screening process under this Section to | ||||||
15 | insure the
welfare and safety of children who are transported | ||||||
16 | on school buses
throughout the State of Illinois. Applicants | ||||||
17 | shall obtain the
proper application required by the Secretary | ||||||
18 | of State from their
prospective or current employer and submit | ||||||
19 | the completed
application to the prospective or current | ||||||
20 | employer along
with the necessary fingerprint submission as | ||||||
21 | required by the
Department of
State Police to conduct | ||||||
22 | fingerprint based criminal background
checks on current and | ||||||
23 | future information available in the state
system and current | ||||||
24 | information available through the Federal Bureau
of | ||||||
25 | Investigation's system. Applicants who have completed the
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1 | fingerprinting requirements shall not be subjected to the
| ||||||
2 | fingerprinting process when applying for subsequent permits or
| ||||||
3 | submitting proof of successful completion of the annual | ||||||
4 | refresher
course. Individuals who on the effective date of this | ||||||
5 | Act possess a valid
school bus driver permit that has been | ||||||
6 | previously issued by the appropriate
Regional School | ||||||
7 | Superintendent are not subject to the fingerprinting
| ||||||
8 | provisions of this Section as long as the permit remains valid | ||||||
9 | and does not
lapse. The applicant shall be required to pay all | ||||||
10 | related
application and fingerprinting fees as established by | ||||||
11 | rule
including, but not limited to, the amounts established by | ||||||
12 | the Department of
State Police and the Federal Bureau of | ||||||
13 | Investigation to process
fingerprint based criminal background | ||||||
14 | investigations. All fees paid for
fingerprint processing | ||||||
15 | services under this Section shall be deposited into the
State | ||||||
16 | Police Services Fund for the cost incurred in processing the | ||||||
17 | fingerprint
based criminal background investigations. All | ||||||
18 | other fees paid under this
Section shall be deposited into the | ||||||
19 | Road
Fund for the purpose of defraying the costs of the | ||||||
20 | Secretary of State in
administering this Section. All | ||||||
21 | applicants must:
| ||||||
22 | 1. be 21 years of age or older;
| ||||||
23 | 2. possess a valid and properly classified driver's | ||||||
24 | license
issued by the Secretary of State;
| ||||||
25 | 3. possess a valid driver's license, which has not been
| ||||||
26 | revoked, suspended, or canceled for 3 years immediately |
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| |||||||
1 | prior to
the date of application, or have not had his or | ||||||
2 | her commercial motor vehicle
driving privileges
| ||||||
3 | disqualified within the 3 years immediately prior to the | ||||||
4 | date of application;
| ||||||
5 | 4. successfully pass a written test, administered by | ||||||
6 | the
Secretary of State, on school bus operation, school bus | ||||||
7 | safety, and
special traffic laws relating to school buses | ||||||
8 | and submit to a review
of the applicant's driving habits by | ||||||
9 | the Secretary of State at the time the
written test is | ||||||
10 | given;
| ||||||
11 | 5. demonstrate ability to exercise reasonable care in | ||||||
12 | the operation of
school buses in accordance with rules | ||||||
13 | promulgated by the Secretary of State;
| ||||||
14 | 6. demonstrate physical fitness to operate school | ||||||
15 | buses by
submitting the results of a medical examination, | ||||||
16 | including tests for drug
use for each applicant not subject | ||||||
17 | to such testing pursuant to
federal law, conducted by a | ||||||
18 | licensed physician, an advanced practice nurse
who has a | ||||||
19 | written collaborative agreement with
a collaborating | ||||||
20 | physician which authorizes him or her to perform medical
| ||||||
21 | examinations, or a physician assistant who has been | ||||||
22 | delegated the
performance of medical examinations by his or | ||||||
23 | her supervising physician
within 90 days of the date
of | ||||||
24 | application according to standards promulgated by the | ||||||
25 | Secretary of State;
| ||||||
26 | 7. affirm under penalties of perjury that he or she has |
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| |||||||
1 | not made a
false statement or knowingly concealed a | ||||||
2 | material fact
in any application for permit;
| ||||||
3 | 8. have completed an initial classroom course, | ||||||
4 | including first aid
procedures, in school bus driver safety | ||||||
5 | as promulgated by the Secretary of
State; and after | ||||||
6 | satisfactory completion of said initial course an annual
| ||||||
7 | refresher course; such courses and the agency or | ||||||
8 | organization conducting such
courses shall be approved by | ||||||
9 | the Secretary of State; failure to
complete the annual | ||||||
10 | refresher course, shall result in
cancellation of the | ||||||
11 | permit until such course is completed;
| ||||||
12 | 9. not have been convicted of 2 or more serious traffic | ||||||
13 | offenses, as
defined by rule, within one year prior to the | ||||||
14 | date of application that may
endanger the life or safety of | ||||||
15 | any of the driver's passengers within the
duration of the | ||||||
16 | permit period;
| ||||||
17 | 10. not have been convicted of reckless driving, | ||||||
18 | aggravated reckless driving, driving while
under the | ||||||
19 | influence of alcohol, other drug or drugs, intoxicating | ||||||
20 | compound or compounds or any combination thereof | ||||||
21 | intoxicated , or reckless homicide resulting from the | ||||||
22 | operation of a motor
vehicle within 3 years of the date of | ||||||
23 | application;
| ||||||
24 | 11. not have been convicted of committing or attempting
| ||||||
25 | to commit any
one or more of the following offenses: (i) | ||||||
26 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, |
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| |||||||
1 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
2 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
3 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
4 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||||||
5 | 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| ||||||
6 | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||||||
7 | 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||||||
8 | 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
| ||||||
9 | 33A-2, and in subsection (a) and subsection (b), clause | ||||||
10 | (1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||||||
11 | those offenses defined in the
Cannabis Control Act except | ||||||
12 | those offenses defined in subsections (a) and
(b) of | ||||||
13 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
14 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
15 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
16 | the Methamphetamine Control and Community Protection Act; | ||||||
17 | (v) any offense committed or attempted in any other state | ||||||
18 | or against
the laws of the United States, which if | ||||||
19 | committed or attempted in this
State would be punishable as | ||||||
20 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
21 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
22 | Act and (vii) those offenses defined in Section 6-16 of the | ||||||
23 | Liquor Control Act of
1934;
| ||||||
24 | 12. not have been repeatedly involved as a driver in | ||||||
25 | motor vehicle
collisions or been repeatedly convicted of | ||||||
26 | offenses against
laws and ordinances regulating the |
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| |||||||
1 | movement of traffic, to a degree which
indicates lack of | ||||||
2 | ability to exercise ordinary and reasonable care in the
| ||||||
3 | safe operation of a motor vehicle or disrespect for the | ||||||
4 | traffic laws and
the safety of other persons upon the | ||||||
5 | highway;
| ||||||
6 | 13. not have, through the unlawful operation of a motor
| ||||||
7 | vehicle, caused an accident resulting in the death of any | ||||||
8 | person; and
| ||||||
9 | 14. not have, within the last 5 years, been adjudged to | ||||||
10 | be
afflicted with or suffering from any mental disability | ||||||
11 | or disease.
| ||||||
12 | (b) A school bus driver permit shall be valid for a period | ||||||
13 | specified by
the Secretary of State as set forth by rule. It | ||||||
14 | shall be renewable upon compliance with subsection (a) of this
| ||||||
15 | Section.
| ||||||
16 | (c) A school bus driver permit shall contain the holder's | ||||||
17 | driver's
license number, legal name, residence address, zip | ||||||
18 | code, social
security number and date
of birth, a brief | ||||||
19 | description of the holder and a space for signature. The
| ||||||
20 | Secretary of State may require a suitable photograph of the | ||||||
21 | holder.
| ||||||
22 | (d) The employer shall be responsible for conducting a | ||||||
23 | pre-employment
interview with prospective school bus driver | ||||||
24 | candidates, distributing school
bus driver applications and | ||||||
25 | medical forms to be completed by the applicant, and
submitting | ||||||
26 | the applicant's fingerprint cards to the Department of State |
| |||||||
| |||||||
1 | Police
that are required for the criminal background | ||||||
2 | investigations. The employer
shall certify in writing to the | ||||||
3 | Secretary of State that all pre-employment
conditions have been | ||||||
4 | successfully completed including the successful completion
of | ||||||
5 | an Illinois specific criminal background investigation through | ||||||
6 | the
Department of State Police and the submission of necessary
| ||||||
7 | fingerprints to the Federal Bureau of Investigation for | ||||||
8 | criminal
history information available through the Federal | ||||||
9 | Bureau of
Investigation system. The applicant shall present the
| ||||||
10 | certification to the Secretary of State at the time of | ||||||
11 | submitting
the school bus driver permit application.
| ||||||
12 | (e) Permits shall initially be provisional upon receiving
| ||||||
13 | certification from the employer that all pre-employment | ||||||
14 | conditions
have been successfully completed, and upon | ||||||
15 | successful completion of
all training and examination | ||||||
16 | requirements for the classification of
the vehicle to be | ||||||
17 | operated, the Secretary of State shall
provisionally issue a | ||||||
18 | School Bus Driver Permit. The permit shall
remain in a | ||||||
19 | provisional status pending the completion of the
Federal Bureau | ||||||
20 | of Investigation's criminal background investigation based
| ||||||
21 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
22 | of
Investigation by the Department of State Police. The Federal | ||||||
23 | Bureau of
Investigation shall report the findings directly to | ||||||
24 | the Secretary
of State. The Secretary of State shall remove the | ||||||
25 | bus driver
permit from provisional status upon the applicant's | ||||||
26 | successful
completion of the Federal Bureau of Investigation's |
| |||||||
| |||||||
1 | criminal
background investigation.
| ||||||
2 | (f) A school bus driver permit holder shall notify the
| ||||||
3 | employer and the Secretary of State if he or she is convicted | ||||||
4 | in
another state of an offense that would make him or her | ||||||
5 | ineligible
for a permit under subsection (a) of this Section. | ||||||
6 | The
written notification shall be made within 5 days of the | ||||||
7 | entry of
the conviction. Failure of the permit holder to | ||||||
8 | provide the
notification is punishable as a petty
offense for a | ||||||
9 | first violation and a Class B misdemeanor for a
second or | ||||||
10 | subsequent violation.
| ||||||
11 | (g) Cancellation; suspension; notice and procedure.
| ||||||
12 | (1) The Secretary of State shall cancel a school bus
| ||||||
13 | driver permit of an applicant whose criminal background | ||||||
14 | investigation
discloses that he or she is not in compliance | ||||||
15 | with the provisions of subsection
(a) of this Section.
| ||||||
16 | (2) The Secretary of State shall cancel a school
bus | ||||||
17 | driver permit when he or she receives notice that the | ||||||
18 | permit holder fails
to comply with any provision of this | ||||||
19 | Section or any rule promulgated for the
administration of | ||||||
20 | this Section.
| ||||||
21 | (3) The Secretary of State shall cancel a school bus
| ||||||
22 | driver permit if the permit holder's restricted commercial | ||||||
23 | or
commercial driving privileges are withdrawn or | ||||||
24 | otherwise
invalidated.
| ||||||
25 | (4) The Secretary of State may not issue a school bus
| ||||||
26 | driver permit for a period of 3 years to an applicant who |
| |||||||
| |||||||
1 | fails to
obtain a negative result on a drug test as | ||||||
2 | required in item 6 of
subsection (a) of this Section or | ||||||
3 | under federal law.
| ||||||
4 | (5) The Secretary of State shall forthwith suspend
a | ||||||
5 | school bus driver permit for a period of 3 years upon | ||||||
6 | receiving
notice that the holder has failed to obtain a | ||||||
7 | negative result on a
drug test as required in item 6 of | ||||||
8 | subsection (a) of this Section
or under federal law.
| ||||||
9 | (6) The Secretary of State shall suspend a school bus | ||||||
10 | driver permit for a period of 3 years upon receiving notice | ||||||
11 | from the employer that the holder failed to perform the | ||||||
12 | inspection procedure set forth in subsection (a) or (b) of | ||||||
13 | Section 12-816 of this Code. | ||||||
14 | The Secretary of State shall notify the State | ||||||
15 | Superintendent
of Education and the permit holder's | ||||||
16 | prospective or current
employer that the applicant has (1) has | ||||||
17 | failed a criminal
background investigation or (2) is no
longer | ||||||
18 | eligible for a school bus driver permit; and of the related
| ||||||
19 | cancellation of the applicant's provisional school bus driver | ||||||
20 | permit. The
cancellation shall remain in effect pending the | ||||||
21 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
22 | The scope of the
hearing shall be limited to the issuance | ||||||
23 | criteria contained in
subsection (a) of this Section. A | ||||||
24 | petition requesting a
hearing shall be submitted to the | ||||||
25 | Secretary of State and shall
contain the reason the individual | ||||||
26 | feels he or she is entitled to a
school bus driver permit. The |
| |||||||
| |||||||
1 | permit holder's
employer shall notify in writing to the | ||||||
2 | Secretary of State
that the employer has certified the removal | ||||||
3 | of the offending school
bus driver from service prior to the | ||||||
4 | start of that school bus
driver's next workshift. An employing | ||||||
5 | school board that fails to
remove the offending school bus | ||||||
6 | driver from service is
subject to the penalties defined in | ||||||
7 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
8 | violates a provision of this Section is
subject to the | ||||||
9 | penalties defined in Section 6-106.11.
| ||||||
10 | All valid school bus driver permits issued under this | ||||||
11 | Section
prior to January 1, 1995, shall remain effective until | ||||||
12 | their
expiration date unless otherwise invalidated.
| ||||||
13 | (h) When a school bus driver permit holder who is a service | ||||||
14 | member is called to active duty, the employer of the permit | ||||||
15 | holder shall notify the Secretary of State, within 30 days of | ||||||
16 | notification from the permit holder, that the permit holder has | ||||||
17 | been called to active duty. Upon notification pursuant to this | ||||||
18 | subsection, (i) the Secretary of State shall characterize the | ||||||
19 | permit as inactive until a permit holder renews the permit as | ||||||
20 | provided in subsection (i) of this Section, and (ii) if a | ||||||
21 | permit holder fails to comply with the requirements of this | ||||||
22 | Section while called to active duty, the Secretary of State | ||||||
23 | shall not characterize the permit as invalid. | ||||||
24 | (i) A school bus driver permit holder who is a service | ||||||
25 | member returning from active duty must, within 90 days, renew a | ||||||
26 | permit characterized as inactive pursuant to subsection (h) of |
| |||||||
| |||||||
1 | this Section by complying with the renewal requirements of | ||||||
2 | subsection (b) of this Section. | ||||||
3 | (j) For purposes of subsections (h) and (i) of this | ||||||
4 | Section: | ||||||
5 | "Active duty" means active duty pursuant to an executive | ||||||
6 | order of the President of the United States, an act of the | ||||||
7 | Congress of the United States, or an order of the Governor. | ||||||
8 | "Service member" means a member of the Armed Services or | ||||||
9 | reserve forces of the United States or a member of the Illinois | ||||||
10 | National Guard. | ||||||
11 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
12 | revised 12-1-09.)
| ||||||
13 | (625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
| ||||||
14 | Sec. 6-202.
Non-residents and Unlicensed | ||||||
15 | Persons-Revocation and Suspension-Reporting
Convictions.
| ||||||
16 | (a) The privilege of driving a motor vehicle on highways of | ||||||
17 | this State
given to a nonresident hereunder and the privilege | ||||||
18 | which an unlicensed
person might have to obtain a license under | ||||||
19 | this Act shall be subject to
suspension or revocation by the | ||||||
20 | Secretary of State in like manner and for
like cause as a | ||||||
21 | drivers license issued hereunder may be suspended or
revoked.
| ||||||
22 | (b) The Secretary of State is authorized, upon receiving a | ||||||
23 | report of the
conviction in this State of a nonresident driver | ||||||
24 | of a motor vehicle of any
offense under the laws of this State | ||||||
25 | relating to operation, custody or
ownership of motor vehicles, |
| |||||||
| |||||||
1 | to forward a copy or abstract of such report
to the motor | ||||||
2 | vehicle administrator of the State wherein the person so
| ||||||
3 | convicted is a resident.
| ||||||
4 | (c) (Blank.) When a nonresident's operating privilege is | ||||||
5 | suspended or revoked,
the Secretary of State shall forward a | ||||||
6 | certified copy of the record of such
action to the motor | ||||||
7 | vehicle administrator in the State where such person
resides.
| ||||||
8 | (d) This section is subject to the provisions of the Driver | ||||||
9 | License
Compact.
| ||||||
10 | (Source: P.A. 76-1752.)
| ||||||
11 | (625 ILCS 5/Ch. 6 Art. IV heading) | ||||||
12 | ARTICLE IV. COMMERCIAL DRIVER EXAM TRAINING SCHOOLS
| ||||||
13 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
14 | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| ||||||
15 | Sec. 6-401. Driver exam training schools for preparation | ||||||
16 | for examination given by Secretary of State -license required. | ||||||
17 | No person, firm,
association, partnership or corporation shall | ||||||
18 | operate a
driver exam training school or engage in the business | ||||||
19 | of giving instruction for
hire or for a fee in the driving of | ||||||
20 | motor vehicles for the preparation of
an applicant for | ||||||
21 | examination given by the Secretary of State for a drivers
| ||||||
22 | license or permit, unless a license therefor has been issued by | ||||||
23 | the
Secretary.
No public schools or educational institutions | ||||||
24 | shall contract with entities
engaged in the business of giving |
| |||||||
| |||||||
1 | instruction for hire or for a fee in the
driving
of motor | ||||||
2 | vehicles for the preparation of an applicant for examination | ||||||
3 | given
by the Secretary of State for a driver's license or | ||||||
4 | permit, unless a license
therefor has been issued by the | ||||||
5 | Secretary.
| ||||||
6 | This Section shall not apply to (i) public schools or to | ||||||
7 | educational
institutions in which driving instruction is part | ||||||
8 | of the curriculum, (ii)
employers giving instruction to their | ||||||
9 | employees, or (iii) schools that teach enhanced driving skills | ||||||
10 | to licensed drivers as set forth in Article X of Chapter 6 of | ||||||
11 | this Code.
| ||||||
12 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
13 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
14 | Sec. 6-402. Qualifications of driver exam training | ||||||
15 | schools. In order to
qualify for a license to operate a driver | ||||||
16 | exam training school, each applicant must:
| ||||||
17 | (a) be of good moral character;
| ||||||
18 | (b) be at least 21 years of age;
| ||||||
19 | (c) maintain an established place of business open to | ||||||
20 | the public which
meets the requirements of Section 6-403 | ||||||
21 | through 6-407;
| ||||||
22 | (d) maintain bodily injury and property damage | ||||||
23 | liability insurance on
motor vehicles while used in driving | ||||||
24 | exam instruction, insuring the liability of
the driving | ||||||
25 | school, the driving instructors and any person taking
|
| |||||||
| |||||||
1 | instruction in at least the following amounts: $50,000 for | ||||||
2 | bodily injury to
or death of one person in any one accident | ||||||
3 | and, subject to said limit for
one person, $100,000 for | ||||||
4 | bodily injury to or death of 2 or more persons in
any one | ||||||
5 | accident and the amount of $10,000 for damage to property | ||||||
6 | of others
in any one accident. Evidence of such insurance | ||||||
7 | coverage in the form of a
certificate from the insurance | ||||||
8 | carrier shall be filed with the Secretary of
State, and | ||||||
9 | such certificate shall stipulate that the insurance shall | ||||||
10 | not be
cancelled except upon 10 days prior written notice | ||||||
11 | to the Secretary of
State. The decal showing evidence of | ||||||
12 | insurance shall be affixed to the
windshield of the | ||||||
13 | vehicle;
| ||||||
14 | (e) provide a continuous surety company bond in the | ||||||
15 | principal sum of
$20,000 for the protection of the | ||||||
16 | contractual rights of
students in such
form as will meet | ||||||
17 | with the approval of the Secretary of State and written
by | ||||||
18 | a company authorized to do business in this State. However, | ||||||
19 | the
aggregate liability of the surety for all breaches of | ||||||
20 | the condition of the
bond in no event shall exceed the | ||||||
21 | principal sum of $20,000. The
surety on
any such bond may | ||||||
22 | cancel such bond on giving 30 days notice thereof in
| ||||||
23 | writing to the Secretary of State and shall be relieved of | ||||||
24 | liability for
any breach of any conditions of the bond | ||||||
25 | which occurs after the effective
date of cancellation;
| ||||||
26 | (f) have the equipment necessary to the giving of |
| |||||||
| |||||||
1 | proper instruction in
the operation of motor vehicles;
| ||||||
2 | (g) have and use a business telephone listing for all | ||||||
3 | business
purposes;
| ||||||
4 | (h) pay to the Secretary of State an application fee of
| ||||||
5 | $500 and $50 for each branch application; and
| ||||||
6 | (i) authorize an investigation to include a | ||||||
7 | fingerprint based background
check
to determine if the | ||||||
8 | applicant has ever been convicted of a crime and if so, the
| ||||||
9 | disposition of those convictions. The authorization shall | ||||||
10 | indicate the scope
of
the inquiry and the agencies that may | ||||||
11 | be contacted. Upon this authorization,
the
Secretary of | ||||||
12 | State may request and receive information and assistance | ||||||
13 | from any
federal, State, or local governmental agency as | ||||||
14 | part of the authorized
investigation. Each applicant shall | ||||||
15 | have his or her fingerprints submitted to
the Department of | ||||||
16 | State Police in the form and manner prescribed by the
| ||||||
17 | Department of State Police. The fingerprints shall be | ||||||
18 | checked against the
Department of State Police and Federal | ||||||
19 | Bureau of Investigation criminal history
record | ||||||
20 | information databases. The Department of State
Police | ||||||
21 | shall charge a fee for conducting the criminal history | ||||||
22 | records check,
which shall be deposited in the State Police | ||||||
23 | Services Fund and shall not exceed
the actual cost of the | ||||||
24 | records check. The applicant shall be required to pay
all
| ||||||
25 | related fingerprint fees including, but not limited to, the | ||||||
26 | amounts established
by the Department of State Police and |
| |||||||
| |||||||
1 | the Federal Bureau of Investigation to
process fingerprint | ||||||
2 | based criminal background investigations. The Department | ||||||
3 | of
State Police shall provide information concerning any | ||||||
4 | criminal convictions and
disposition of criminal | ||||||
5 | convictions brought against the applicant upon request
of | ||||||
6 | the Secretary
of State provided that the request is made in | ||||||
7 | the form and manner required by
the
Department of the State | ||||||
8 | Police. Unless otherwise prohibited by law, the
| ||||||
9 | information derived from the investigation including the | ||||||
10 | source of the
information and any conclusions or | ||||||
11 | recommendations derived from the
information by the | ||||||
12 | Secretary of State shall be provided to the applicant, or
| ||||||
13 | his
designee, upon request to the Secretary of State, prior | ||||||
14 | to any final action by
the Secretary of State on the | ||||||
15 | application. Any criminal convictions and
disposition | ||||||
16 | information obtained by the Secretary of State shall be
| ||||||
17 | confidential
and may not be transmitted outside the Office | ||||||
18 | of the Secretary of State, except
as required herein, and | ||||||
19 | may not be transmitted to anyone within the Office of
the | ||||||
20 | Secretary of State except as needed for the purpose of | ||||||
21 | evaluating the
applicant. The information obtained from | ||||||
22 | the investigation may be maintained
by the Secretary of | ||||||
23 | State or any agency to which the information was
| ||||||
24 | transmitted.
Only information and standards, which bear a | ||||||
25 | reasonable and rational relation
to
the performance of a | ||||||
26 | driver exam training school owner, shall be used by the
|
| |||||||
| |||||||
1 | Secretary of State. Any employee of the Secretary of State | ||||||
2 | who gives or causes
to be given away any confidential | ||||||
3 | information concerning any criminal charges
or disposition | ||||||
4 | of criminal charges of an applicant shall be guilty of a | ||||||
5 | Class A
misdemeanor,
unless release of the information is | ||||||
6 | authorized by this Section.
| ||||||
7 | No license shall be issued under this Section to a person | ||||||
8 | who is a
spouse, offspring, sibling, parent, grandparent, | ||||||
9 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
10 | of the person whose license to do
business at that location has | ||||||
11 | been revoked or denied or to a person who was
an officer or | ||||||
12 | employee of a business firm that has had its license revoked
or | ||||||
13 | denied, unless the Secretary of State is satisfied the | ||||||
14 | application was
submitted in good faith and not for the purpose | ||||||
15 | or effect of defeating the
intent of this Code.
| ||||||
16 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
17 | (625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
| ||||||
18 | Sec. 6-403. Established Place of Business. The established | ||||||
19 | place of business of each driver exam training school must be
| ||||||
20 | owned or leased by the driver exam training school and | ||||||
21 | regularly occupied and
primarily used by that driver exam | ||||||
22 | training school for the business of selling
and giving driving | ||||||
23 | instructions for hire or for a fee, and the business of
| ||||||
24 | preparing members of the public for examination given by the | ||||||
25 | Secretary of
State for a drivers license.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
| ||||||
3 | Sec. 6-404. Location of Schools. The established place of | ||||||
4 | business of each driver exam training school must be
located in | ||||||
5 | a district which is zoned for business or commercial purposes.
| ||||||
6 | The driver exam training school office must have a permanent | ||||||
7 | sign clearly
readable from the street, from a distance of no | ||||||
8 | less than 100 feet, with
the name of the driving exam school | ||||||
9 | upon it.
| ||||||
10 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
11 | (625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
| ||||||
12 | Sec. 6-405. Restrictions of Locations. The established | ||||||
13 | place of business, or branch office, branch class room
or | ||||||
14 | advertised address of any driver exam training school shall not | ||||||
15 | consist of or
include a house trailer, residence, tent, | ||||||
16 | temporary stand, temporary
address, office space, a room or | ||||||
17 | rooms in a hotel, rooming house or
apartment house, or premises | ||||||
18 | occupied by a single or multiple unit dwelling
house or | ||||||
19 | telephone answering service.
| ||||||
20 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
21 | (625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
| ||||||
22 | Sec. 6-406. Required Facilities.
| ||||||
23 | (a) The established place of business of each driver exam |
| |||||||
| |||||||
1 | training school
must consist of at least the following | ||||||
2 | permanent facilities:
| ||||||
3 | (1) An office facility;
| ||||||
4 | (2) A class room facility.
| ||||||
5 | (b) The main class room facility of each driver exam | ||||||
6 | training school must be
reasonably accessible to the main | ||||||
7 | office facility of the driver exam training
school.
| ||||||
8 | (c) All class room facilities must have adequate lighting, | ||||||
9 | heating,
ventilation, and must comply with all state, and local | ||||||
10 | laws relating to
public health, safety and sanitation.
| ||||||
11 | (d) The main office facility and branch office facility of | ||||||
12 | each driver exam
training school must contain sufficient space, | ||||||
13 | equipment, records and
personnel to carry on the business of | ||||||
14 | the driver exam training school. The main
office facility must | ||||||
15 | be specifically devoted to driver exam training school
| ||||||
16 | business.
| ||||||
17 | (e) A driver exam training school which as an established | ||||||
18 | place of business
and a main office facility, may operate a | ||||||
19 | branch office or a branch class
room provided that all the | ||||||
20 | requirements for the main office or main class
room are met and | ||||||
21 | that such branch office bears the same name and is
operated as | ||||||
22 | a part of the same business entity as the main office facility.
| ||||||
23 | (f) No driver exam training school may share any main or | ||||||
24 | branch facility or
facilities with any other driver exam | ||||||
25 | training school.
| ||||||
26 | (Source: P.A. 96-740, eff. 1-1-10.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
| ||||||
2 | Sec. 6-407. Locations and State Facilities. No office or | ||||||
3 | place of business of a driver exam training school shall be
| ||||||
4 | established within 1,500 feet of any building used as an office | ||||||
5 | by any
department of the Secretary of State having to do with | ||||||
6 | the administration
of any laws relating to motor vehicles, nor | ||||||
7 | may any driving school solicit
or advertise for business within | ||||||
8 | 1,500 feet of any building used as an
office by the Secretary | ||||||
9 | of State having to do with the administration of
any laws | ||||||
10 | relating to motor vehicles.
| ||||||
11 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
12 | (625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
| ||||||
13 | Sec. 6-408. Records. All driver exam training schools | ||||||
14 | licensed by the Secretary of State must
maintain a permanent | ||||||
15 | record of instructions given to each student. The
record must | ||||||
16 | contain the name of the school and the name of the student, the
| ||||||
17 | number of all licenses or permits held by the student, the type | ||||||
18 | and date of
instruction given, whether class room or behind the | ||||||
19 | wheel, and the
signature of the instructor.
| ||||||
20 | All permanent student instruction records must be kept on | ||||||
21 | file in the
main office of each driver exam training school for | ||||||
22 | a period of 3 calendar years
after the student has ceased | ||||||
23 | taking instruction at or with the school.
| ||||||
24 | The records should show the fees and charges of the school |
| |||||||
| |||||||
1 | and also the
record should show the course content and | ||||||
2 | instructions given to each
student.
| ||||||
3 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
4 | (625 ILCS 5/6-408.5)
| ||||||
5 | Sec. 6-408.5. Courses for students or high school dropouts; | ||||||
6 | limitation.
| ||||||
7 | (a) No driver exam training school
or driving exam training | ||||||
8 | instructor licensed under this Act may request a
certificate of | ||||||
9 | completion from the Secretary of State as provided in Section
| ||||||
10 | 6-411 for any person who is enrolled as a
student in any public | ||||||
11 | or non-public secondary school at the time such
instruction is | ||||||
12 | to be provided, or who was so enrolled during the semester last
| ||||||
13 | ended if that instruction is to be provided between semesters | ||||||
14 | or during the
summer after the regular school term ends, unless | ||||||
15 | that student has received a
passing grade in at least 8 courses | ||||||
16 | during the 2 semesters last ending prior to
requesting a | ||||||
17 | certificate of completion from the Secretary of State for the
| ||||||
18 | student.
| ||||||
19 | (b) No driver exam training school or driving exam training | ||||||
20 | instructor licensed under
this Act may request a certificate of | ||||||
21 | completion from the Secretary of State as
provided in Section | ||||||
22 | 6-411 for any person who has dropped out of school and has
not | ||||||
23 | yet attained the age of 18 years unless the driver exam | ||||||
24 | training school or
driving exam training instructor has: 1) | ||||||
25 | obtained written documentation verifying
the
dropout's |
| |||||||
| |||||||
1 | enrollment in a GED or alternative education program or has | ||||||
2 | obtained
a copy of the dropout's GED certificate; 2) obtained | ||||||
3 | verification that the
student prior to dropping out had | ||||||
4 | received a passing grade in at least 8
courses during the 2 | ||||||
5 | previous
semesters last ending prior to requesting a | ||||||
6 | certificate of completion; or 3)
obtained written consent from | ||||||
7 | the dropout's parents or guardians and the
regional | ||||||
8 | superintendent.
| ||||||
9 | (c) Students shall be informed of the
eligibility | ||||||
10 | requirements of this Act
in writing at the time of | ||||||
11 | registration.
| ||||||
12 | (d) The superintendent of schools of the
school district in | ||||||
13 | which the student resides and attends school or in which
the | ||||||
14 | student resides at the time he or she drops out of school (with | ||||||
15 | respect
to a public high school student or a dropout from the | ||||||
16 | public high school)
or the chief school administrator (with
| ||||||
17 | respect to a student who attends a non-public high school or a | ||||||
18 | dropout from a
non-public high school) may waive the | ||||||
19 | requirements of this Section if the superintendent
or chief | ||||||
20 | school administrator, as the case
may be, deems it to be in the | ||||||
21 | best interests of the student or dropout.
Before requesting a | ||||||
22 | certificate of completion from the Secretary of State
for any | ||||||
23 | person who is enrolled
as
a student in any public or non-public | ||||||
24 | secondary school or who was so enrolled
in the semester last | ||||||
25 | ending prior to the request for a certificate of
completion | ||||||
26 | from the Secretary of State or who is of high school age, the |
| |||||||
| |||||||
1 | driver
exam training school shall
determine from the school | ||||||
2 | district in which that person resides or resided at
the time of | ||||||
3 | dropping out of school, or from the
chief administrator of the | ||||||
4 | non-public high school attended or last
attended by such | ||||||
5 | person, as
the case may be, that such person is not ineligible | ||||||
6 | to receive a certificate
of completion under this Section.
| ||||||
7 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
8 | (625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
| ||||||
9 | Sec. 6-409. Display of License. Each driver exam training | ||||||
10 | school must display at a prominent place in its
main office all | ||||||
11 | of the following:
| ||||||
12 | (a) The State license issued to the school;
| ||||||
13 | (b) The names and addresses and State instructors licenses | ||||||
14 | of all
instructors employed by the school;
| ||||||
15 | (c) The address of all branch offices and branch class | ||||||
16 | rooms.
| ||||||
17 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
18 | (625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
| ||||||
19 | Sec. 6-410. Vehicle inspections. The Department of | ||||||
20 | Transportation shall
provide for the inspection of all motor | ||||||
21 | vehicles used for driver exam training,
and shall issue a | ||||||
22 | safety inspection sticker provided:
| ||||||
23 | (a) The motor vehicle has been inspected by the Department | ||||||
24 | and found to
be in safe mechanical condition;
|
| |||||||
| |||||||
1 | (b) The motor vehicle is equipped with dual control brakes | ||||||
2 | and a
mirror on each side of the motor vehicle so located as to | ||||||
3 | reflect to the
driver a view of the highway for a distance of | ||||||
4 | at least 200 feet to the
rear of such motor vehicle; and
| ||||||
5 | (c) The motor vehicle is equipped with a sign or signs | ||||||
6 | visible from the
front and the rear in letters no less than 2 | ||||||
7 | inches tall, listing the full
name of the driver exam training | ||||||
8 | school which has registered and insured the
motor vehicle.
| ||||||
9 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
10 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| ||||||
11 | Sec. 6-411. Qualifications of Driver Exam Training | ||||||
12 | Instructors. In order to
qualify for a license as an instructor | ||||||
13 | for a driving exam school, an applicant must:
| ||||||
14 | (a) Be of good moral character;
| ||||||
15 | (b) Authorize an investigation to include a | ||||||
16 | fingerprint based background
check to determine if the | ||||||
17 | applicant has ever
been convicted of a crime and if so, the | ||||||
18 | disposition of those convictions;
this authorization shall | ||||||
19 | indicate the scope of the inquiry and the agencies
which | ||||||
20 | may be contacted. Upon this authorization the Secretary of | ||||||
21 | State
may request and receive information and assistance | ||||||
22 | from any federal, state
or local governmental agency as | ||||||
23 | part of the authorized investigation.
Each applicant shall | ||||||
24 | submit his or her fingerprints to
the Department
of State | ||||||
25 | Police in the form and manner prescribed by the Department |
| |||||||
| |||||||
1 | of State
Police. These fingerprints shall be checked | ||||||
2 | against the fingerprint records now
and hereafter filed in | ||||||
3 | the Department of State
Police and Federal Bureau of | ||||||
4 | Investigation criminal history records
databases. The | ||||||
5 | Department of State Police shall charge
a fee for | ||||||
6 | conducting the criminal history records check, which shall | ||||||
7 | be
deposited in the State Police Services Fund and shall | ||||||
8 | not exceed the actual
cost of the records check. The | ||||||
9 | applicant shall be required to pay all related
fingerprint | ||||||
10 | fees including, but not limited to, the amounts established | ||||||
11 | by the
Department of State Police and the Federal Bureau of | ||||||
12 | Investigation to process
fingerprint based criminal | ||||||
13 | background investigations.
The
Department of State Police | ||||||
14 | shall provide information concerning any criminal
| ||||||
15 | convictions, and their disposition, brought against the | ||||||
16 | applicant upon request
of the Secretary of State when the | ||||||
17 | request is made in the form and manner
required by the | ||||||
18 | Department of State Police. Unless otherwise prohibited by
| ||||||
19 | law, the information derived
from this investigation | ||||||
20 | including the source of this information, and any
| ||||||
21 | conclusions or recommendations derived from this | ||||||
22 | information by the Secretary
of State shall be provided to | ||||||
23 | the applicant, or his designee, upon request
to the | ||||||
24 | Secretary of State, prior to any final action by the
| ||||||
25 | Secretary of State on the application. Any criminal
| ||||||
26 | convictions and their disposition information obtained by |
| |||||||
| |||||||
1 | the Secretary
of State shall be confidential and may not be | ||||||
2 | transmitted outside the Office
of the Secretary of State, | ||||||
3 | except as required herein, and may not be
transmitted to | ||||||
4 | anyone within the Office of the Secretary of State except | ||||||
5 | as
needed for
the purpose of evaluating the applicant. The | ||||||
6 | information obtained from this
investigation may be | ||||||
7 | maintained by the
Secretary of State or
any agency to which | ||||||
8 | such information was
transmitted. Only information
and | ||||||
9 | standards which bear a reasonable and rational relation to | ||||||
10 | the performance
of a driver exam training instructor shall | ||||||
11 | be used by the Secretary of State.
Any employee of the | ||||||
12 | Secretary of State who gives or causes to be given away
any | ||||||
13 | confidential information concerning any
criminal charges | ||||||
14 | and their disposition of an applicant shall be guilty of
a | ||||||
15 | Class A misdemeanor unless release of such information is | ||||||
16 | authorized by this
Section;
| ||||||
17 | (c) Pass such examination as the Secretary of State | ||||||
18 | shall require on (1)
traffic laws, (2) safe driving | ||||||
19 | practices, (3) operation of motor vehicles,
and (4) | ||||||
20 | qualifications of teacher;
| ||||||
21 | (d) Be physically able to operate safely a motor | ||||||
22 | vehicle and to train
others in the operation of motor | ||||||
23 | vehicles. An instructors license application
must be | ||||||
24 | accompanied by a medical examination report completed by a | ||||||
25 | competent
physician licensed to practice in the State of | ||||||
26 | Illinois;
|
| |||||||
| |||||||
1 | (e) Hold a valid Illinois drivers license;
| ||||||
2 | (f) Have graduated from an accredited high school after | ||||||
3 | at least 4 years
of high school education or the | ||||||
4 | equivalent; and
| ||||||
5 | (g) Pay to the Secretary of State an application and | ||||||
6 | license fee of $70.
| ||||||
7 | If a driver exam training school class room instructor | ||||||
8 | teaches an approved driver
education course, as defined in | ||||||
9 | Section 1-103 of this Code, to students
under 18 years of age, | ||||||
10 | he or she shall furnish to
the Secretary of State a certificate | ||||||
11 | issued by the State Board of Education
that the said instructor | ||||||
12 | is qualified and meets the minimum educational
standards for | ||||||
13 | teaching driver education courses in the local public or
| ||||||
14 | parochial school systems, except that no State Board of | ||||||
15 | Education certification
shall be required of any instructor who | ||||||
16 | teaches exclusively in a
commercial driving school. On and | ||||||
17 | after July 1, 1986, the existing
rules and regulations of the | ||||||
18 | State
Board of Education concerning commercial driving schools | ||||||
19 | shall continue to
remain in effect but shall be administered by | ||||||
20 | the Secretary of State until
such time as the Secretary of | ||||||
21 | State shall amend or repeal the rules in
accordance with the | ||||||
22 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
23 | Secretary of State shall issue a certificate of completion to a | ||||||
24 | student
under 18 years of age who has completed an approved | ||||||
25 | driver education course
at a commercial driving school.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
| ||||||
2 | Sec. 6-412. Issuance of Licenses to Driver Exam Training | ||||||
3 | Schools and Driver Exam Training
Instructors. The Secretary of | ||||||
4 | State shall issue a license certificate to each
applicant to | ||||||
5 | conduct a driver exam training school or to each driver exam | ||||||
6 | training
instructor when the Secretary of State is satisfied | ||||||
7 | that such person has
met the qualifications required under this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
10 | (625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
| ||||||
11 | Sec. 6-413. Expiration of Licenses. All outstanding | ||||||
12 | licenses issued to any driver exam training school or driver | ||||||
13 | exam
training instructor under this Act shall expire by | ||||||
14 | operation of law 24
months from the date of issuance, unless | ||||||
15 | sooner cancelled, suspended or
revoked under the provisions of | ||||||
16 | Section 6-420.
| ||||||
17 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
18 | (625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
| ||||||
19 | Sec. 6-414. Renewal of Licenses. The license of each driver | ||||||
20 | exam training school may be renewed subject to the
same | ||||||
21 | conditions as the original license, and upon the payment of a
| ||||||
22 | renewal license fee of $500 and $50 for each renewal of a | ||||||
23 | branch
application.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
| ||||||
3 | Sec. 6-415. Renewal Fee. The license of each driver exam | ||||||
4 | training instructor may be renewed subject to
the same | ||||||
5 | conditions of the original license, and upon the payment of | ||||||
6 | annual
renewal license fee of $70.
| ||||||
7 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
8 | (625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
| ||||||
9 | Sec. 6-416. Licenses: Form and Filing. All applications for | ||||||
10 | renewal of a driver exam training school license or
driver exam | ||||||
11 | training instructor's license shall be on a form prescribed by | ||||||
12 | the
Secretary, and must be filed with the Secretary not
less | ||||||
13 | than 15 days preceding the expiration date of the license to be | ||||||
14 | renewed.
| ||||||
15 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
16 | (625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
| ||||||
17 | Sec. 6-417. Instructor's license. Each driver exam | ||||||
18 | training instructor's license shall authorize the licensee
to | ||||||
19 | instruct only at or for the driver exam training school | ||||||
20 | indicated on the
license. The Secretary shall not issue a | ||||||
21 | driver training instructor's
license to any individual who is | ||||||
22 | licensed to instruct at or for another
driver exam training | ||||||
23 | school.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
2 | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
| ||||||
3 | Sec. 6-419. Rules and Regulations. The Secretary is | ||||||
4 | authorized to prescribe by rule standards for the
eligibility, | ||||||
5 | conduct and operation of driver exam training schools, and
| ||||||
6 | instructors and to adopt other reasonable rules and regulations | ||||||
7 | necessary
to carry out the provisions of this Act.
| ||||||
8 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
9 | (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| ||||||
10 | Sec. 6-420. Denial, Cancellation, Suspension, Revocation | ||||||
11 | and Failure to
Renew License. The Secretary may deny, cancel, | ||||||
12 | suspend or revoke, or refuse
to renew any driver exam training | ||||||
13 | school license or any driver exam training instructor
license:
| ||||||
14 | (1) When the Secretary is satisfied that the licensee | ||||||
15 | fails to meet the
requirements to receive or hold a license | ||||||
16 | under this Code;
| ||||||
17 | (2) Whenever the licensee fails to keep the records | ||||||
18 | required by this
Code;
| ||||||
19 | (3) Whenever the licensee permits fraud or engages in | ||||||
20 | fraudulent
practices either with reference to a student or | ||||||
21 | the Secretary, or induces
or countenances fraud or | ||||||
22 | fraudulent practices on the part of any applicant
for a | ||||||
23 | driver's license or permit;
| ||||||
24 | (4) Whenever the licensee fails to comply with any |
| |||||||
| |||||||
1 | provision of this Code
or any rule of the Secretary made | ||||||
2 | pursuant thereto;
| ||||||
3 | (5) Whenever the licensee represents himself as an | ||||||
4 | agent or employee of
the Secretary or uses advertising | ||||||
5 | designed to lead or which would
reasonably have the effect | ||||||
6 | of leading persons to believe that such licensee
is in fact | ||||||
7 | an employee or representative of the Secretary;
| ||||||
8 | (6) Whenever the licensee or any employee or agent of | ||||||
9 | the licensee
solicits driver training or instruction in an | ||||||
10 | office of any department of
the Secretary of State having | ||||||
11 | to do with the administration of any law
relating to motor | ||||||
12 | vehicles, or within 1,500 feet of any such office;
| ||||||
13 | (7) Whenever the licensee is convicted of driving while
| ||||||
14 | under the influence of alcohol, other drugs, or a | ||||||
15 | combination thereof;
leaving the scene of an accident; | ||||||
16 | reckless homicide or reckless driving; or
| ||||||
17 | (8) Whenever a driver exam training school advertises | ||||||
18 | that a driver's license
is guaranteed upon completion of | ||||||
19 | the course of instruction.
| ||||||
20 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
21 | (625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
| ||||||
22 | Sec. 6-422. Prior law and licenses thereunder. This Act | ||||||
23 | shall not affect the validity of any outstanding license issued
| ||||||
24 | to any driver exam training school or driver exam training | ||||||
25 | instructor by the
Secretary of State under any prior law, nor |
| |||||||
| |||||||
1 | shall this Act affect the
validity or legality of any contract, | ||||||
2 | agreement or undertaking entered into
by any driver exam | ||||||
3 | training school or driver exam training instructor, or any | ||||||
4 | person,
firm, corporation, partnership or association based on | ||||||
5 | those provisions of
any prior law.
| ||||||
6 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
7 | (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
| ||||||
8 | Sec. 6-901. Definitions. For the purposes of this
Article:
| ||||||
9 | "Board" means the Driver's License Medical Advisory Board.
| ||||||
10 | "Medical examiner" or "medical practitioner" means any
| ||||||
11 | person licensed to practice medicine in all its branches in
the | ||||||
12 | State of Illinois or any other state .
| ||||||
13 | (Source: P.A. 92-703, eff. 7-19-02.)
| ||||||
14 | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||||||
15 | Sec. 11-1301.3. Unauthorized use of parking places | ||||||
16 | reserved for persons with
disabilities. | ||||||
17 | (a) It shall be prohibited to park any motor vehicle which | ||||||
18 | is not properly
displaying
registration plates or decals issued | ||||||
19 | to a person with disabilities, as defined
by Section 1-159.1, | ||||||
20 | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||||||
21 | disabled veteran pursuant to Section 3-609 of this Act, as | ||||||
22 | evidence that the
vehicle is operated by or for a person with | ||||||
23 | disabilities or disabled veteran,
in any parking place, | ||||||
24 | including any private
or public offstreet parking facility, |
| |||||||
| |||||||
1 | specifically reserved, by the
posting of an official sign as | ||||||
2 | designated under Section 11-301, for
motor vehicles displaying | ||||||
3 | such registration plates.
It shall be prohibited to park any | ||||||
4 | motor vehicle in a designated access
aisle adjacent to any | ||||||
5 | parking place specifically reserved for persons with
| ||||||
6 | disabilities, by the posting of an official sign as designated | ||||||
7 | under Section
11-301, for motor vehicles displaying such | ||||||
8 | registration plates.
When using the parking privileges for | ||||||
9 | persons with disabilities, the parking
decal or device must be | ||||||
10 | displayed properly in the vehicle where it is clearly
visible | ||||||
11 | to law enforcement personnel, either hanging from the rearview | ||||||
12 | mirror
or placed on the dashboard of the vehicle in clear view.
| ||||||
13 | Disability license plates and parking decals and devices are | ||||||
14 | not transferable from person to person. Proper usage of the | ||||||
15 | disability license plate or parking decal or device requires | ||||||
16 | the authorized holder to be present and enter or exit the | ||||||
17 | vehicle at the time the parking privileges are being used. It | ||||||
18 | is a violation of this Section to park in a space reserved for | ||||||
19 | a person with disabilities if the authorized holder of the | ||||||
20 | disability license plate or parking decal or device does not | ||||||
21 | enter or exit the vehicle at the time the parking privileges | ||||||
22 | are being used. Any motor vehicle properly displaying a | ||||||
23 | disability license plate or a
parking decal or device | ||||||
24 | containing the International symbol of access
issued to persons | ||||||
25 | with disabilities by any local authority, state, district,
| ||||||
26 | territory or foreign country shall be recognized by State and |
| |||||||
| |||||||
1 | local
authorities as a valid license plate or device and | ||||||
2 | receive the same parking
privileges as residents of this State.
| ||||||
3 | (a-1) An individual with a vehicle displaying disability | ||||||
4 | license plates or a parking decal or device issued to a | ||||||
5 | qualified person with a disability under Sections 3-616, | ||||||
6 | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||||||
7 | 3-609 is in violation of this Section if (i) the person using | ||||||
8 | the disability license plate or parking decal or device is not | ||||||
9 | the authorized holder of the disability license plate or | ||||||
10 | parking decal or device or is not transporting the authorized | ||||||
11 | holder of the disability license plate or parking decal or | ||||||
12 | device to or from the parking location and (ii) the person uses | ||||||
13 | the disability license plate or parking decal or device to | ||||||
14 | exercise any privileges granted through the disability license | ||||||
15 | plate or parking decals or devices under this Code.
| ||||||
16 | (b) Any person or local authority owning or operating any | ||||||
17 | public or private
offstreet parking facility may, after | ||||||
18 | notifying the police or sheriff's
department, remove or cause | ||||||
19 | to be removed to the nearest garage or other
place of safety | ||||||
20 | any vehicle parked within a stall or space reserved for
use by | ||||||
21 | a person with disabilities which does not
display person with | ||||||
22 | disabilities registration
plates or a special decal or device | ||||||
23 | as required under this Section.
| ||||||
24 | (c) Any person found guilty of violating the provisions of | ||||||
25 | subsection (a) shall be fined $250 in addition to any costs or | ||||||
26 | charges connected
with the removal or storage of any motor |
| |||||||
| |||||||
1 | vehicle authorized under this
Section; but municipalities by | ||||||
2 | ordinance may impose a fine up to $350
and shall display signs | ||||||
3 | indicating the fine imposed. If the amount of
the fine is | ||||||
4 | subsequently changed, the municipality shall change the sign to
| ||||||
5 | indicate the current amount of the fine.
It shall not be a | ||||||
6 | defense to a charge under this Section that either the sign | ||||||
7 | posted
pursuant to this
Section or the intended accessible | ||||||
8 | parking place does not comply with the technical requirements | ||||||
9 | of Section 11-301,
Department
regulations, or local ordinance | ||||||
10 | if a reasonable person would be made aware by
the
sign or | ||||||
11 | notice on or near the parking place that the place is reserved | ||||||
12 | for a
person
with
disabilities.
| ||||||
13 | (c-1) Any person found guilty of violating the provisions | ||||||
14 | of subsection (a-1) a first time shall be fined $500. Any | ||||||
15 | person found guilty of violating subsection (a-1) a second time | ||||||
16 | shall be fined $750 , and the Secretary of State may revoke the | ||||||
17 | person's driving privileges or suspend those privileges for a | ||||||
18 | period of time to be determined by the Secretary . Any person | ||||||
19 | found guilty of violating subsection (a-1) a third or | ||||||
20 | subsequent time shall be fined $1,000. The circuit clerk shall | ||||||
21 | distribute 50% of the fine imposed on any person who is found | ||||||
22 | guilty of or pleads guilty to violating this Section, including | ||||||
23 | any person placed on court supervision for violating this | ||||||
24 | Section, to the law enforcement agency that issued the citation | ||||||
25 | or made the arrest. If more than one law enforcement agency is | ||||||
26 | responsible for issuing the citation or making the arrest, the |
| |||||||
| |||||||
1 | 50% of the fine imposed shall be shared equally.
If an officer | ||||||
2 | of the Secretary of State Department of Police arrested a | ||||||
3 | person for a violation of this Section, 50% of the fine imposed | ||||||
4 | shall be deposited into the Secretary of State Police Services | ||||||
5 | Fund. | ||||||
6 | (d) Local authorities shall impose fines as established in | ||||||
7 | subsections
(c) and (c-1) for violations of this Section.
| ||||||
8 | (e) As used in this Section, "authorized holder" means an | ||||||
9 | individual
issued a disability
license plate under Section | ||||||
10 | 3-616 of this
Code, an individual issued a parking decal or | ||||||
11 | device
under Section 11-1301.2 of this Code, or an individual | ||||||
12 | issued a disabled veteran's license plate under Section 3-609 | ||||||
13 | of this Code. | ||||||
14 | (f) Any person who commits a violation of subsection (a-1) | ||||||
15 | may have his or her driving privileges suspended or revoked by | ||||||
16 | the Secretary of State for a period of time determined by the | ||||||
17 | Secretary of State. The Secretary of State may also suspend or | ||||||
18 | revoke the disability license plates or parking decal or device | ||||||
19 | for a period of time determined by the Secretary of State.
| ||||||
20 | (g) Any police officer may seize the parking decal
or | ||||||
21 | device from any person who commits a violation of this Section. | ||||||
22 | Any police officer may seize the disability license plate upon | ||||||
23 | authorization from the Secretary of State. Any police officer | ||||||
24 | may request that the Secretary of State revoke the parking | ||||||
25 | decal or device or the disability license plate of any person | ||||||
26 | who commits a violation of this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||||||
2 | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised | ||||||
3 | 8-20-09.)
| ||||||
4 | Section 10. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 33-6 as follows: | ||||||
6 | (720 ILCS 5/33-6) | ||||||
7 | Sec. 33-6. Bribery to obtain driving privileges.
| ||||||
8 | (a) A person commits the offense of bribery to obtain | ||||||
9 | driving privileges when: | ||||||
10 | (1) with intent to influence any act related to the | ||||||
11 | issuance of any driver's license or permit by an employee | ||||||
12 | of the Illinois Secretary of State's Office, or the owner | ||||||
13 | or employee of any commercial driver exam training school | ||||||
14 | licensed by the Illinois Secretary of State, or any other | ||||||
15 | individual authorized by the laws of this State to give | ||||||
16 | driving instructions or administer all or part of a | ||||||
17 | driver's license examination, he or she promises or tenders | ||||||
18 | to that person any property or personal advantage which | ||||||
19 | that person is not authorized by law to accept; or | ||||||
20 | (2) with intent to cause any person to influence any | ||||||
21 | act related to the issuance of any driver's license or | ||||||
22 | permit by an employee of the Illinois Secretary of State's | ||||||
23 | Office, or the owner or employee of any commercial driver | ||||||
24 | exam training school licensed by the Illinois Secretary of |
| |||||||
| |||||||
1 | State, or any other individual authorized by the laws of | ||||||
2 | this State to give driving instructions or administer all | ||||||
3 | or part of a driver's license examination, he or she | ||||||
4 | promises or tenders to that person any property or personal | ||||||
5 | advantage which that person is not authorized by law to | ||||||
6 | accept; or | ||||||
7 | (3) as an employee of the Illinois Secretary of State's | ||||||
8 | Office, or the owner or employee of any commercial driver | ||||||
9 | exam training school licensed by the Illinois Secretary of | ||||||
10 | State, or any other individual authorized by the laws of | ||||||
11 | this State to give driving instructions or administer all | ||||||
12 | or part of a driver's license examination, solicits, | ||||||
13 | receives, retains, or agrees to accept any property or | ||||||
14 | personal advantage that he or she is not authorized by law | ||||||
15 | to accept knowing that such property or personal advantage | ||||||
16 | was promised or tendered with intent to influence the | ||||||
17 | performance of any act related to the issuance of any | ||||||
18 | driver's license or permit; or | ||||||
19 | (4) as an employee of the Illinois Secretary of State's | ||||||
20 | Office, or the owner or employee of any commercial driver | ||||||
21 | exam training school licensed by the Illinois Secretary of | ||||||
22 | State, or any other individual authorized by the laws of | ||||||
23 | this State to give driving instructions or administer all | ||||||
24 | or part of a driver's license examination, solicits, | ||||||
25 | receives, retains, or agrees to accept any property or | ||||||
26 | personal advantage pursuant to an understanding that he or |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | she shall improperly influence or attempt to influence the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | performance of any act related to the issuance of any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | driver's license or permit. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (b) Sentence.
Bribery to obtain driving privileges is a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Class 2 felony.
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6 | (Source: P.A. 96-740, eff. 1-1-10.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | becoming law.
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