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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-205 and 6-206 as follows:
| ||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases.
| ||||||
9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver's conviction of any of the following offenses:
| ||||||
13 | 1. Reckless homicide resulting from the operation of a | ||||||
14 | motor vehicle;
| ||||||
15 | 2. Violation of Section 11-501 of this Code or a | ||||||
16 | similar provision of
a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, other drug or
| ||||||
19 | drugs, intoxicating compound or compounds, or any | ||||||
20 | combination thereof;
| ||||||
21 | 3. Any felony under the laws of any State or the | ||||||
22 | federal government
in the commission of which a motor | ||||||
23 | vehicle was used;
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| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
| ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
| ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
| ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
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| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense;
| ||||||
5 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
6 | this Code or a similar provision of a local ordinance | ||||||
7 | relating to the offense of street racing;
| ||||||
8 | 15. A second or subsequent conviction of driving while | ||||||
9 | the person's driver's license, permit or privileges was | ||||||
10 | revoked for reckless homicide or a similar out-of-state | ||||||
11 | offense. | ||||||
12 | (b) The Secretary of State shall also immediately revoke | ||||||
13 | the license
or permit of any driver in the following | ||||||
14 | situations:
| ||||||
15 | 1. Of any minor upon receiving the notice provided for | ||||||
16 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
17 | minor has been
adjudicated under that Act as having | ||||||
18 | committed an offense relating to
motor vehicles prescribed | ||||||
19 | in Section 4-103 of this Code;
| ||||||
20 | 2. Of any person when any other law of this State | ||||||
21 | requires either the
revocation or suspension of a license | ||||||
22 | or permit;
| ||||||
23 | 3. Of any person adjudicated under the Juvenile Court | ||||||
24 | Act of 1987 based on an offense determined to have been | ||||||
25 | committed in furtherance of the criminal activities of an | ||||||
26 | organized gang as provided in Section 5-710 of that Act, |
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| |||||||
1 | and that involved the operation or use of a motor vehicle | ||||||
2 | or the use of a driver's license or permit. The revocation | ||||||
3 | shall remain in effect for the period determined by the | ||||||
4 | court. Upon the direction of the court, the Secretary shall | ||||||
5 | issue the person a judicial driving permit, also known as a | ||||||
6 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
7 | issued under Section 6-206.1, except that the court may | ||||||
8 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
9 | effective immediately.
| ||||||
10 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
11 | person is convicted of any of the offenses enumerated in
this | ||||||
12 | Section, the court may recommend and the Secretary of State in | ||||||
13 | his
discretion, without regard to whether the recommendation is | ||||||
14 | made by the
court may, upon application,
issue to the person a
| ||||||
15 | restricted driving permit granting the privilege of driving a | ||||||
16 | motor
vehicle between the petitioner's residence and | ||||||
17 | petitioner's place
of employment or within the scope of the | ||||||
18 | petitioner's employment related
duties, or to allow the | ||||||
19 | petitioner to transport himself or herself or a family member
| ||||||
20 | of the petitioner's household to a medical facility for the | ||||||
21 | receipt of necessary medical care or to allow the
petitioner to | ||||||
22 | transport himself or herself to and from alcohol or drug | ||||||
23 | remedial or rehabilitative activity recommended by a licensed | ||||||
24 | service provider, or to allow the
petitioner to transport | ||||||
25 | himself or herself or a family member of the petitioner's | ||||||
26 | household to classes, as a student, at an accredited |
| |||||||
| |||||||
1 | educational
institution, or to allow the petitioner to | ||||||
2 | transport children , elderly persons, or disabled persons who do | ||||||
3 | not hold driving privileges and are living in the petitioner's | ||||||
4 | household to and from daycare; if the petitioner is able to | ||||||
5 | demonstrate that no alternative means
of transportation is | ||||||
6 | reasonably available and that the petitioner will not endanger
| ||||||
7 | the public safety or welfare; provided that the Secretary's | ||||||
8 | discretion shall be
limited to cases where undue hardship, as | ||||||
9 | defined by the rules of the Secretary of State, would result | ||||||
10 | from a failure to issue the
restricted driving permit. Those | ||||||
11 | multiple offenders identified in subdivision (b)4 of Section | ||||||
12 | 6-208 of this Code, however, shall not be eligible for the | ||||||
13 | issuance of a restricted driving permit.
| ||||||
14 | (2) If a person's license or permit is revoked or | ||||||
15 | suspended due to 2 or
more convictions of violating Section | ||||||
16 | 11-501 of this Code or a similar
provision of a local | ||||||
17 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
18 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
19 | other drugs is recited as an element of the offense, or a | ||||||
20 | similar out-of-state offense, or a combination of these | ||||||
21 | offenses, arising out
of separate occurrences, that | ||||||
22 | person, if issued a restricted driving permit,
may not | ||||||
23 | operate a vehicle unless it has been equipped with an | ||||||
24 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
25 | (3) If:
| ||||||
26 | (A) a person's license or permit is revoked or |
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| |||||||
1 | suspended 2 or more
times within a 10 year period due | ||||||
2 | to any combination of: | ||||||
3 | (i)
a single conviction of violating Section
| ||||||
4 | 11-501 of this Code or a similar provision of a | ||||||
5 | local ordinance or a similar
out-of-state offense, | ||||||
6 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
7 | the use of alcohol or other drugs is recited as an | ||||||
8 | element of the offense, or a similar out-of-state | ||||||
9 | offense; or | ||||||
10 | (ii)
a statutory summary suspension under | ||||||
11 | Section
11-501.1; or | ||||||
12 | (iii)
a suspension pursuant to Section | ||||||
13 | 6-203.1;
| ||||||
14 | arising out of
separate occurrences; or | ||||||
15 | (B)
a person has been convicted of one violation of | ||||||
16 | Section 6-303 of this Code committed while his or her | ||||||
17 | driver's license, permit, or privilege was revoked | ||||||
18 | because of a violation of Section 9-3 of the Criminal | ||||||
19 | Code of 1961, relating to the offense of reckless | ||||||
20 | homicide where the use of alcohol or other drugs was | ||||||
21 | recited as an element of the offense, or a similar | ||||||
22 | provision of a law of another state;
| ||||||
23 | that person, if issued a restricted
driving permit, may not | ||||||
24 | operate a vehicle unless it has been equipped with an
| ||||||
25 | ignition interlock device as defined in Section 1-129.1. | ||||||
26 | (4)
The person issued a permit conditioned on the use |
| |||||||
| |||||||
1 | of an ignition interlock device must pay to the Secretary | ||||||
2 | of State DUI Administration Fund an amount
not to exceed | ||||||
3 | $30 per month. The Secretary shall establish by rule the | ||||||
4 | amount
and the procedures, terms, and conditions relating | ||||||
5 | to these fees. | ||||||
6 | (5)
If the restricted driving permit is issued for | ||||||
7 | employment purposes, then
the prohibition against | ||||||
8 | operating a motor vehicle that is not equipped with an | ||||||
9 | ignition interlock device does not apply to the operation | ||||||
10 | of an occupational vehicle
owned or leased by that person's | ||||||
11 | employer when used solely for employment purposes. | ||||||
12 | (6)
In each case the Secretary of State may issue a
| ||||||
13 | restricted driving permit for a period he deems | ||||||
14 | appropriate, except that the
permit shall expire within one | ||||||
15 | year from the date of issuance. The Secretary
may not, | ||||||
16 | however, issue a restricted driving permit to any person | ||||||
17 | whose current
revocation is the result of a second or | ||||||
18 | subsequent conviction for a violation
of Section 11-501 of | ||||||
19 | this Code or a similar provision of a local ordinance
or | ||||||
20 | any similar out-of-state offense, or Section 9-3 of the | ||||||
21 | Criminal Code of 1961, where the use of alcohol or other | ||||||
22 | drugs is recited as an element of the offense, or any | ||||||
23 | similar out-of-state offense, or any combination of these | ||||||
24 | offenses, until the expiration of at least one year from | ||||||
25 | the date of the
revocation. A restricted
driving permit | ||||||
26 | issued under this Section shall be
subject to cancellation, |
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| |||||||
1 | revocation, and suspension by the Secretary of
State in | ||||||
2 | like manner and for like cause as a driver's license issued
| ||||||
3 | under this Code may be cancelled, revoked, or
suspended; | ||||||
4 | except that a conviction upon one or more offenses against | ||||||
5 | laws or
ordinances regulating the movement of traffic shall | ||||||
6 | be deemed sufficient cause
for the revocation, suspension, | ||||||
7 | or cancellation of a restricted driving permit.
The | ||||||
8 | Secretary of State may, as a condition to the issuance of a | ||||||
9 | restricted
driving permit, require the petitioner to | ||||||
10 | participate in a designated driver
remedial or | ||||||
11 | rehabilitative program. The Secretary of State is | ||||||
12 | authorized to
cancel a restricted driving permit if the | ||||||
13 | permit holder does not successfully
complete the program. | ||||||
14 | However, if an individual's driving privileges have been
| ||||||
15 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
16 | of this Section, no
restricted driving permit shall be | ||||||
17 | issued until the individual has served 6
months of the | ||||||
18 | revocation period.
| ||||||
19 | (c-5) (Blank).
| ||||||
20 | (c-6) If a person is convicted of a second violation of | ||||||
21 | operating a motor vehicle while the person's driver's license, | ||||||
22 | permit or privilege was revoked, where the revocation was for a | ||||||
23 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
24 | to the offense of reckless homicide or a similar out-of-state | ||||||
25 | offense, the person's driving privileges shall be revoked | ||||||
26 | pursuant to subdivision (a)(15) of this Section. The person may |
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| |||||||
1 | not make application for a license or permit until the | ||||||
2 | expiration of five years from the effective date of the | ||||||
3 | revocation or the expiration of five years from the date of | ||||||
4 | release from a term of imprisonment, whichever is later. | ||||||
5 | (c-7) If a person is convicted of a third or subsequent | ||||||
6 | violation of operating a motor vehicle while the person's | ||||||
7 | driver's license, permit or privilege was revoked, where the | ||||||
8 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
9 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
10 | similar out-of-state offense, the person may never apply for a | ||||||
11 | license or permit. | ||||||
12 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
13 | under Section
11-501 of this Code or a similar provision of a | ||||||
14 | local ordinance or a similar out-of-state offense, the
| ||||||
15 | Secretary of State shall revoke the driving privileges of that | ||||||
16 | person. One
year after the date of revocation, and upon | ||||||
17 | application, the Secretary of
State may, if satisfied that the | ||||||
18 | person applying will not endanger the
public safety or welfare, | ||||||
19 | issue a restricted driving permit granting the
privilege of | ||||||
20 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
21 | p.m. or as otherwise provided by this Section for a period of | ||||||
22 | one year.
After this one year period, and upon reapplication | ||||||
23 | for a license as
provided in Section 6-106, upon payment of the | ||||||
24 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
25 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
26 | reinstate the petitioner's driver's license and driving |
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| |||||||
1 | privileges, or extend the restricted driving permit as many | ||||||
2 | times as the
Secretary of State deems appropriate, by | ||||||
3 | additional periods of not more than
12 months each.
| ||||||
4 | (2) If a person's license or permit is revoked or | ||||||
5 | suspended due to 2 or
more convictions of violating Section | ||||||
6 | 11-501 of this Code or a similar
provision of a local | ||||||
7 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
8 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
9 | other drugs is recited as an element of the offense, or a | ||||||
10 | similar out-of-state offense, or a combination of these | ||||||
11 | offenses, arising out
of separate occurrences, that | ||||||
12 | person, if issued a restricted driving permit,
may not | ||||||
13 | operate a vehicle unless it has been equipped with an | ||||||
14 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
15 | (3) If a person's license or permit is revoked or | ||||||
16 | suspended 2 or more times
within a 10 year period due to | ||||||
17 | any combination of: | ||||||
18 | (A) a single conviction of violating Section | ||||||
19 | 11-501
of this
Code or a similar provision of a local | ||||||
20 | ordinance or a similar out-of-state
offense, or | ||||||
21 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
22 | of alcohol or other drugs is recited as an element of | ||||||
23 | the offense, or a similar out-of-state offense; or | ||||||
24 | (B)
a statutory summary suspension under Section | ||||||
25 | 11-501.1; or | ||||||
26 | (C) a suspension pursuant to Section 6-203.1; |
| |||||||
| |||||||
1 | arising out of separate occurrences, that person, if issued | ||||||
2 | a
restricted
driving permit, may not operate a vehicle | ||||||
3 | unless it has been equipped with an
ignition interlock | ||||||
4 | device as defined in Section 1-129.1. | ||||||
5 | (4)
The person issued a permit conditioned upon the use | ||||||
6 | of an interlock device must pay to the Secretary of State | ||||||
7 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
8 | month. The Secretary shall establish by rule the amount
and | ||||||
9 | the procedures, terms, and conditions relating to these | ||||||
10 | fees. | ||||||
11 | (5)
If the restricted driving permit is issued for | ||||||
12 | employment purposes, then
the prohibition against driving | ||||||
13 | a vehicle that is not equipped with an ignition interlock | ||||||
14 | device does not apply to the operation of an occupational | ||||||
15 | vehicle
owned or leased by that person's employer when used | ||||||
16 | solely for employment purposes. | ||||||
17 | (6) A
restricted driving permit issued under this | ||||||
18 | Section shall be subject to
cancellation, revocation, and | ||||||
19 | suspension by the Secretary of State in like
manner and for | ||||||
20 | like cause as a driver's license issued under this Code may | ||||||
21 | be
cancelled, revoked, or suspended; except that a | ||||||
22 | conviction upon one or more
offenses against laws or | ||||||
23 | ordinances regulating the movement of traffic
shall be | ||||||
24 | deemed sufficient cause for the revocation, suspension, or
| ||||||
25 | cancellation of a restricted driving permit.
| ||||||
26 | (d-5) The revocation of the license, permit, or driving |
| |||||||
| |||||||
1 | privileges of a person convicted of a third or subsequent | ||||||
2 | violation of Section 6-303 of this Code committed while his or | ||||||
3 | her driver's license, permit, or privilege was revoked because | ||||||
4 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
5 | relating to the offense of reckless homicide, or a similar | ||||||
6 | provision of a law of another state, is permanent. The | ||||||
7 | Secretary may not, at any time, issue a license or permit to | ||||||
8 | that person.
| ||||||
9 | (e) This Section is subject to the provisions of the Driver | ||||||
10 | License
Compact.
| ||||||
11 | (f) Any revocation imposed upon any person under | ||||||
12 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
13 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
14 | period of time.
| ||||||
15 | (g) The Secretary of State shall not issue a restricted | ||||||
16 | driving permit to
a person under the age of 16 years whose | ||||||
17 | driving privileges have been revoked
under any provisions of | ||||||
18 | this Code.
| ||||||
19 | (h) The Secretary of State shall require the use of | ||||||
20 | ignition interlock
devices on all vehicles owned by a person | ||||||
21 | who has been convicted of a
second or subsequent offense under | ||||||
22 | Section 11-501 of this Code or a similar
provision of a local | ||||||
23 | ordinance. The person must pay to the Secretary of State DUI | ||||||
24 | Administration Fund an amount not to exceed $30 for each month | ||||||
25 | that he or she uses the device. The Secretary shall establish | ||||||
26 | by rule and
regulation the procedures for certification and use |
| |||||||
| |||||||
1 | of the interlock
system, the amount of the fee, and the | ||||||
2 | procedures, terms, and conditions relating to these fees.
| ||||||
3 | (i) (Blank).
| ||||||
4 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
5 | State may not issue a restricted driving permit for the | ||||||
6 | operation of a commercial motor vehicle to a person holding a | ||||||
7 | CDL whose driving privileges have been revoked, suspended, | ||||||
8 | cancelled, or disqualified under any provisions of this Code.
| ||||||
9 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
10 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
11 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
12 | 96-607, eff. 8-24-09.)
| ||||||
13 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
14 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
15 | license or
permit; Right to a hearing.
| ||||||
16 | (a) The Secretary of State is authorized to suspend or | ||||||
17 | revoke the
driving privileges of any person without preliminary | ||||||
18 | hearing upon a showing
of the person's records or other | ||||||
19 | sufficient evidence that
the person:
| ||||||
20 | 1. Has committed an offense for which mandatory | ||||||
21 | revocation of
a driver's license or permit is required upon | ||||||
22 | conviction;
| ||||||
23 | 2. Has been convicted of not less than 3 offenses | ||||||
24 | against traffic
regulations governing the movement of | ||||||
25 | vehicles committed within any 12
month period. No |
| |||||||
| |||||||
1 | revocation or suspension shall be entered more than
6 | ||||||
2 | months after the date of last conviction;
| ||||||
3 | 3. Has been repeatedly involved as a driver in motor | ||||||
4 | vehicle
collisions or has been repeatedly convicted of | ||||||
5 | offenses against laws and
ordinances regulating the | ||||||
6 | movement of traffic, to a degree that
indicates lack of | ||||||
7 | ability to exercise ordinary and reasonable care in
the | ||||||
8 | safe operation of a motor vehicle or disrespect for the | ||||||
9 | traffic laws
and the safety of other persons upon the | ||||||
10 | highway;
| ||||||
11 | 4. Has by the unlawful operation of a motor vehicle | ||||||
12 | caused or
contributed to an accident resulting in death or | ||||||
13 | injury requiring
immediate professional treatment in a | ||||||
14 | medical facility or doctor's office
to any person, except | ||||||
15 | that any suspension or revocation imposed by the
Secretary | ||||||
16 | of State under the provisions of this subsection shall | ||||||
17 | start no
later than 6 months after being convicted of | ||||||
18 | violating a law or
ordinance regulating the movement of | ||||||
19 | traffic, which violation is related
to the accident, or | ||||||
20 | shall start not more than one year
after
the date of the | ||||||
21 | accident, whichever date occurs later;
| ||||||
22 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
23 | driver's
license, identification card, or permit;
| ||||||
24 | 6. Has been lawfully convicted of an offense or | ||||||
25 | offenses in another
state, including the authorization | ||||||
26 | contained in Section 6-203.1, which
if committed within |
| |||||||
| |||||||
1 | this State would be grounds for suspension or revocation;
| ||||||
2 | 7. Has refused or failed to submit to an examination | ||||||
3 | provided for by
Section 6-207 or has failed to pass the | ||||||
4 | examination;
| ||||||
5 | 8. Is ineligible for a driver's license or permit under | ||||||
6 | the provisions
of Section 6-103;
| ||||||
7 | 9. Has made a false statement or knowingly concealed a | ||||||
8 | material fact
or has used false information or | ||||||
9 | identification in any application for a
license, | ||||||
10 | identification card, or permit;
| ||||||
11 | 10. Has possessed, displayed, or attempted to | ||||||
12 | fraudulently use any
license, identification card, or | ||||||
13 | permit not issued to the person;
| ||||||
14 | 11. Has operated a motor vehicle upon a highway of this | ||||||
15 | State when
the person's driving privilege or privilege to | ||||||
16 | obtain a driver's license
or permit was revoked or | ||||||
17 | suspended unless the operation was authorized by
a | ||||||
18 | monitoring device driving permit, judicial driving permit | ||||||
19 | issued prior to January 1, 2009, probationary license to | ||||||
20 | drive, or a restricted
driving permit issued under this | ||||||
21 | Code;
| ||||||
22 | 12. Has submitted to any portion of the application | ||||||
23 | process for
another person or has obtained the services of | ||||||
24 | another person to submit to
any portion of the application | ||||||
25 | process for the purpose of obtaining a
license, | ||||||
26 | identification card, or permit for some other person;
|
| |||||||
| |||||||
1 | 13. Has operated a motor vehicle upon a highway of this | ||||||
2 | State when
the person's driver's license or permit was | ||||||
3 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
4 | 14. Has committed a violation of Section 6-301, | ||||||
5 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
6 | of the Illinois Identification Card
Act;
| ||||||
7 | 15. Has been convicted of violating Section 21-2 of the | ||||||
8 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
9 | vehicles in which case, the suspension
shall be for one | ||||||
10 | year;
| ||||||
11 | 16. Has been convicted of violating Section 11-204 of | ||||||
12 | this Code relating
to fleeing from a peace officer;
| ||||||
13 | 17. Has refused to submit to a test, or tests, as | ||||||
14 | required under Section
11-501.1 of this Code and the person | ||||||
15 | has not sought a hearing as
provided for in Section | ||||||
16 | 11-501.1;
| ||||||
17 | 18. Has, since issuance of a driver's license or | ||||||
18 | permit, been adjudged
to be afflicted with or suffering | ||||||
19 | from any mental disability or disease;
| ||||||
20 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
21 | of Section 6-101
relating to driving without a driver's | ||||||
22 | license;
| ||||||
23 | 20. Has been convicted of violating Section 6-104 | ||||||
24 | relating to
classification of driver's license;
| ||||||
25 | 21. Has been convicted of violating Section 11-402 of
| ||||||
26 | this Code relating to leaving the scene of an accident |
| |||||||
| |||||||
1 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
2 | which case the suspension shall be
for one year;
| ||||||
3 | 22. Has used a motor vehicle in violating paragraph | ||||||
4 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
5 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
6 | weapons, in which case the suspension shall be for one
| ||||||
7 | year;
| ||||||
8 | 23. Has, as a driver, been convicted of committing a | ||||||
9 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
10 | for a second or subsequent
time within one year of a | ||||||
11 | similar violation;
| ||||||
12 | 24. Has been convicted by a court-martial or punished | ||||||
13 | by non-judicial
punishment by military authorities of the | ||||||
14 | United States at a military
installation in Illinois of or | ||||||
15 | for a traffic related offense that is the
same as or | ||||||
16 | similar to an offense specified under Section 6-205 or | ||||||
17 | 6-206 of
this Code;
| ||||||
18 | 25. Has permitted any form of identification to be used | ||||||
19 | by another in
the application process in order to obtain or | ||||||
20 | attempt to obtain a license,
identification card, or | ||||||
21 | permit;
| ||||||
22 | 26. Has altered or attempted to alter a license or has | ||||||
23 | possessed an
altered license, identification card, or | ||||||
24 | permit;
| ||||||
25 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
26 | of 1934;
|
| |||||||
| |||||||
1 | 28. Has been convicted of the illegal possession, while | ||||||
2 | operating or
in actual physical control, as a driver, of a | ||||||
3 | motor vehicle, of any
controlled substance prohibited | ||||||
4 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
5 | prohibited under the Cannabis Control
Act, or any | ||||||
6 | methamphetamine prohibited under the Methamphetamine | ||||||
7 | Control and Community Protection Act, in which case the | ||||||
8 | person's driving privileges shall be suspended for
one | ||||||
9 | year, and any driver who is convicted of a second or | ||||||
10 | subsequent
offense, within 5 years of a previous | ||||||
11 | conviction, for the illegal
possession, while operating or | ||||||
12 | in actual physical control, as a driver, of
a motor | ||||||
13 | vehicle, of any controlled substance prohibited under the | ||||||
14 | 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 shall be suspended for | ||||||
18 | 5 years.
Any defendant found guilty of this offense while | ||||||
19 | operating a motor vehicle,
shall have an entry made in the | ||||||
20 | court record by the presiding judge that
this offense did | ||||||
21 | occur while the defendant was operating a motor vehicle
and | ||||||
22 | order the clerk of the court to report the violation to the | ||||||
23 | Secretary
of State;
| ||||||
24 | 29. Has been convicted of the following offenses that | ||||||
25 | were committed
while the person was operating or in actual | ||||||
26 | physical control, as a driver,
of a motor vehicle: criminal |
| |||||||
| |||||||
1 | sexual assault,
predatory criminal sexual assault of a | ||||||
2 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
3 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
4 | soliciting for a juvenile prostitute and the manufacture, | ||||||
5 | sale or
delivery of controlled substances or instruments | ||||||
6 | used for illegal drug use
or abuse in which case the | ||||||
7 | driver's driving privileges shall be suspended
for one | ||||||
8 | year;
| ||||||
9 | 30. Has been convicted a second or subsequent time for | ||||||
10 | any
combination of the offenses named in paragraph 29 of | ||||||
11 | this subsection,
in which case the person's driving | ||||||
12 | privileges shall be suspended for 5
years;
| ||||||
13 | 31. Has refused to submit to a test as
required by | ||||||
14 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
15 | alcohol concentration of 0.08 or more or any amount of a | ||||||
16 | drug, substance, or
compound resulting from the unlawful | ||||||
17 | use or consumption of cannabis as listed
in the Cannabis | ||||||
18 | Control Act, a controlled substance as listed in the | ||||||
19 | Illinois
Controlled Substances Act, an intoxicating | ||||||
20 | compound as listed in the Use of
Intoxicating Compounds | ||||||
21 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
22 | Control and Community Protection Act, in which case the | ||||||
23 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
24 | 32. Has been convicted of Section 24-1.2 of the | ||||||
25 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
26 | of a firearm if the offender was
located in a motor vehicle |
| |||||||
| |||||||
1 | at the time the firearm was discharged, in which
case the | ||||||
2 | suspension shall be for 3 years;
| ||||||
3 | 33. Has as a driver, who was less than 21 years of age | ||||||
4 | on the date of
the offense, been convicted a first time of | ||||||
5 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
6 | or a similar provision of a local ordinance;
| ||||||
7 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
8 | this Code;
| ||||||
9 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
10 | this Code;
| ||||||
11 | 36. Is under the age of 21 years at the time of arrest | ||||||
12 | and has been
convicted of not less than 2 offenses against | ||||||
13 | traffic regulations governing
the movement of vehicles | ||||||
14 | committed within any 24 month period. No revocation
or | ||||||
15 | suspension shall be entered more than 6 months after the | ||||||
16 | date of last
conviction;
| ||||||
17 | 37. Has committed a violation of subsection (c) of | ||||||
18 | Section 11-907 of this
Code that resulted in damage to the | ||||||
19 | property of another or the death or injury of another;
| ||||||
20 | 38. Has been convicted of a violation of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance;
| ||||||
23 | 39. Has committed a second or subsequent violation of | ||||||
24 | Section
11-1201 of this Code;
| ||||||
25 | 40. Has committed a violation of subsection (a-1) of | ||||||
26 | Section 11-908 of
this Code; |
| |||||||
| |||||||
1 | 41. Has committed a second or subsequent violation of | ||||||
2 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
3 | the previous violation, in which case the suspension shall | ||||||
4 | be for 90 days; | ||||||
5 | 42. Has committed a violation of subsection (a-1) of | ||||||
6 | Section 11-1301.3 of this Code;
| ||||||
7 | 43. Has received a disposition of court supervision for | ||||||
8 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
9 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
10 | a local ordinance, in which case the suspension shall be | ||||||
11 | for a period of 3 months;
| ||||||
12 | 44.
Is under the age of 21 years at the time of arrest | ||||||
13 | and has been convicted of an offense against traffic | ||||||
14 | regulations governing the movement of vehicles after | ||||||
15 | having previously had his or her driving privileges
| ||||||
16 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
17 | Section; or | ||||||
18 | 45.
Has, in connection with or during the course of a | ||||||
19 | formal hearing conducted under Section 2-118 of this Code: | ||||||
20 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
21 | falsified documents; (iii) submitted documents that have | ||||||
22 | been materially altered; or (iv) submitted, as his or her | ||||||
23 | own, documents that were in fact prepared or composed for | ||||||
24 | another person.
| ||||||
25 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
26 | and 27 of this
subsection, license means any driver's license, |
| |||||||
| |||||||
1 | any traffic ticket issued when
the person's driver's license is | ||||||
2 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
3 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
4 | a probationary driver's license or a temporary driver's | ||||||
5 | license.
| ||||||
6 | (b) If any conviction forming the basis of a suspension or
| ||||||
7 | revocation authorized under this Section is appealed, the
| ||||||
8 | Secretary of State may rescind or withhold the entry of the | ||||||
9 | order of suspension
or revocation, as the case may be, provided | ||||||
10 | that a certified copy of a stay
order of a court is filed with | ||||||
11 | the Secretary of State. If the conviction is
affirmed on | ||||||
12 | appeal, the date of the conviction shall relate back to the | ||||||
13 | time
the original judgment of conviction was entered and the 6 | ||||||
14 | month limitation
prescribed shall not apply.
| ||||||
15 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
16 | permit of
any person as authorized in this Section, the | ||||||
17 | Secretary of State shall
immediately notify the person in | ||||||
18 | writing of the revocation or suspension.
The notice to be | ||||||
19 | deposited in the United States mail, postage prepaid,
to the | ||||||
20 | last known address of the person.
| ||||||
21 | 2. If the Secretary of State suspends the driver's | ||||||
22 | license
of a person under subsection 2 of paragraph (a) of | ||||||
23 | this Section, a
person's privilege to operate a vehicle as | ||||||
24 | an occupation shall not be
suspended, provided an affidavit | ||||||
25 | is properly completed, the appropriate fee
received, and a | ||||||
26 | permit issued prior to the effective date of the
|
| |||||||
| |||||||
1 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
2 | which occurred
while operating a commercial vehicle in | ||||||
3 | connection with the driver's
regular occupation. All other | ||||||
4 | driving privileges shall be suspended by the
Secretary of | ||||||
5 | State. Any driver prior to operating a vehicle for
| ||||||
6 | occupational purposes only must submit the affidavit on | ||||||
7 | forms to be
provided by the Secretary of State setting | ||||||
8 | forth the facts of the person's
occupation. The affidavit | ||||||
9 | shall also state the number of offenses
committed while | ||||||
10 | operating a vehicle in connection with the driver's regular
| ||||||
11 | occupation. The affidavit shall be accompanied by the | ||||||
12 | driver's license.
Upon receipt of a properly completed | ||||||
13 | affidavit, the Secretary of State
shall issue the driver a | ||||||
14 | permit to operate a vehicle in connection with the
driver's | ||||||
15 | regular occupation only. Unless the permit is issued by the
| ||||||
16 | Secretary of State prior to the date of suspension, the | ||||||
17 | privilege to drive
any motor vehicle shall be suspended as | ||||||
18 | set forth in the notice that was
mailed under this Section. | ||||||
19 | If an affidavit is received subsequent to the
effective | ||||||
20 | date of this suspension, a permit may be issued for the | ||||||
21 | remainder
of the suspension period.
| ||||||
22 | The provisions of this subparagraph shall not apply to | ||||||
23 | any driver
required to possess a CDL for the purpose of | ||||||
24 | operating a commercial motor vehicle.
| ||||||
25 | Any person who falsely states any fact in the affidavit | ||||||
26 | required
herein shall be guilty of perjury under Section |
| |||||||
| |||||||
1 | 6-302 and upon conviction
thereof shall have all driving | ||||||
2 | privileges revoked without further rights.
| ||||||
3 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
4 | of this Code,
the Secretary of State shall either rescind | ||||||
5 | or continue an order of
revocation or shall substitute an | ||||||
6 | order of suspension; or, good
cause appearing therefor, | ||||||
7 | rescind, continue, change, or extend the
order of | ||||||
8 | suspension. If the Secretary of State does not rescind the | ||||||
9 | order,
the Secretary may upon application,
to relieve undue | ||||||
10 | hardship (as defined by the rules of the Secretary of | ||||||
11 | State), issue
a restricted driving permit granting the | ||||||
12 | privilege of driving a motor
vehicle between the | ||||||
13 | petitioner's residence and petitioner's place of
| ||||||
14 | employment or within the scope of the petitioner's | ||||||
15 | employment related duties, or to
allow the petitioner to | ||||||
16 | transport himself or herself, or a family member of the
| ||||||
17 | petitioner's household to a medical facility, to receive | ||||||
18 | necessary medical care, to allow the petitioner to | ||||||
19 | transport himself or herself to and from alcohol or drug
| ||||||
20 | remedial or rehabilitative activity recommended by a | ||||||
21 | licensed service provider, or to allow the petitioner to | ||||||
22 | transport himself or herself or a family member of the | ||||||
23 | petitioner's household to classes, as a student, at an | ||||||
24 | accredited educational institution, or to allow the | ||||||
25 | petitioner to transport children , elderly persons, or | ||||||
26 | disabled persons who do not hold driving privileges and are |
| |||||||
| |||||||
1 | living in the petitioner's household to and from daycare. | ||||||
2 | The
petitioner must demonstrate that no alternative means | ||||||
3 | of
transportation is reasonably available and that the | ||||||
4 | petitioner will not endanger
the public safety or welfare. | ||||||
5 | Those multiple offenders identified in subdivision (b)4 of | ||||||
6 | Section 6-208 of this Code, however, shall not be eligible | ||||||
7 | for the issuance of a restricted driving permit.
| ||||||
8 |
(A) If a person's license or permit is revoked or | ||||||
9 | suspended due to 2
or more convictions of violating | ||||||
10 | Section 11-501 of this Code or a similar
provision of a | ||||||
11 | local ordinance or a similar out-of-state offense, or | ||||||
12 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
13 | of alcohol or other drugs is recited as an element of | ||||||
14 | the offense, or a similar out-of-state offense, or a | ||||||
15 | combination of these offenses, arising out
of separate | ||||||
16 | occurrences, that person, if issued a restricted | ||||||
17 | driving permit,
may not operate a vehicle unless it has | ||||||
18 | been equipped with an ignition
interlock device as | ||||||
19 | defined in Section 1-129.1.
| ||||||
20 | (B) If a person's license or permit is revoked or | ||||||
21 | suspended 2 or more
times within a 10 year period due | ||||||
22 | to any combination of: | ||||||
23 | (i) a single conviction of violating Section
| ||||||
24 | 11-501 of this Code or a similar provision of a | ||||||
25 | local ordinance or a similar
out-of-state offense | ||||||
26 | or Section 9-3 of the Criminal Code of 1961, where |
| |||||||
| |||||||
1 | the use of alcohol or other drugs is recited as an | ||||||
2 | element of the offense, or a similar out-of-state | ||||||
3 | offense; or | ||||||
4 | (ii) a statutory summary suspension under | ||||||
5 | Section
11-501.1; or | ||||||
6 | (iii) a suspension under Section 6-203.1; | ||||||
7 | arising out of
separate occurrences; that person, if | ||||||
8 | issued a restricted driving permit, may
not operate a | ||||||
9 | vehicle unless it has been
equipped with an ignition | ||||||
10 | interlock device as defined in Section 1-129.1. | ||||||
11 | (C)
The person issued a permit conditioned upon the | ||||||
12 | use of an ignition interlock device must pay to the | ||||||
13 | Secretary of State DUI Administration Fund an amount
| ||||||
14 | not to exceed $30 per month. The Secretary shall | ||||||
15 | establish by rule the amount
and the procedures, terms, | ||||||
16 | and conditions relating to these fees. | ||||||
17 | (D) If the
restricted driving permit is issued for | ||||||
18 | employment purposes, then the prohibition against | ||||||
19 | operating a motor vehicle that is not equipped with an | ||||||
20 | ignition interlock device does not apply to the | ||||||
21 | operation of an occupational vehicle owned or
leased by | ||||||
22 | that person's employer when used solely for employment | ||||||
23 | purposes. | ||||||
24 | (E) In each case the Secretary may issue a
| ||||||
25 | restricted driving permit for a period deemed | ||||||
26 | appropriate, except that all
permits shall expire |
| |||||||
| |||||||
1 | within one year from the date of issuance. The | ||||||
2 | Secretary
may not, however, issue a restricted driving | ||||||
3 | permit to any person whose current
revocation is the | ||||||
4 | result of a second or subsequent conviction for a | ||||||
5 | violation
of Section 11-501 of this Code or a similar | ||||||
6 | provision of a local ordinance
or any similar | ||||||
7 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
8 | Code of 1961, where the use of alcohol or other drugs | ||||||
9 | is recited as an element of the offense, or any similar | ||||||
10 | out-of-state offense, or any combination
of those | ||||||
11 | offenses, until the expiration of at least one year | ||||||
12 | from the date of
the revocation. A
restricted driving | ||||||
13 | permit issued under this Section shall be subject to
| ||||||
14 | cancellation, revocation, and suspension by the | ||||||
15 | Secretary of State in like
manner and for like cause as | ||||||
16 | a driver's license issued under this Code may be
| ||||||
17 | cancelled, revoked, or suspended; except that a | ||||||
18 | conviction upon one or more
offenses against laws or | ||||||
19 | ordinances regulating the movement of traffic
shall be | ||||||
20 | deemed sufficient cause for the revocation, | ||||||
21 | suspension, or
cancellation of a restricted driving | ||||||
22 | permit. The Secretary of State may, as
a condition to | ||||||
23 | the issuance of a restricted driving permit, require | ||||||
24 | the
applicant to participate in a designated driver | ||||||
25 | remedial or rehabilitative
program. The Secretary of | ||||||
26 | State is authorized to cancel a restricted
driving |
| |||||||
| |||||||
1 | permit if the permit holder does not successfully | ||||||
2 | complete the program.
| ||||||
3 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
4 | subsection (a), reports received by the Secretary of State | ||||||
5 | under this Section shall, except during the actual time the | ||||||
6 | suspension is in effect, be privileged information and for use | ||||||
7 | only by the courts, police officers, prosecuting authorities, | ||||||
8 | the driver licensing administrator of any other state, the | ||||||
9 | Secretary of State, or the parent or legal guardian of a driver | ||||||
10 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
11 | person is a CDL holder, the suspension shall also be made | ||||||
12 | available to the driver licensing administrator of any other | ||||||
13 | state, the U.S. Department of Transportation, and the affected | ||||||
14 | driver or motor
carrier or prospective motor carrier upon | ||||||
15 | request.
| ||||||
16 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
17 | subsection (a), the Secretary of State shall notify the person | ||||||
18 | by mail that his or her driving privileges and driver's license | ||||||
19 | will be suspended one month after the date of the mailing of | ||||||
20 | the notice.
| ||||||
21 | (c-5) The Secretary of State may, as a condition of the | ||||||
22 | reissuance of a
driver's license or permit to an applicant | ||||||
23 | whose driver's license or permit has
been suspended before he | ||||||
24 | or she reached the age of 21 years pursuant to any of
the | ||||||
25 | provisions of this Section, require the applicant to | ||||||
26 | participate in a
driver remedial education course and be |
| |||||||
| |||||||
1 | retested under Section 6-109 of this
Code.
| ||||||
2 | (d) This Section is subject to the provisions of the | ||||||
3 | Drivers License
Compact.
| ||||||
4 | (e) The Secretary of State shall not issue a restricted | ||||||
5 | driving permit to
a person under the age of 16 years whose | ||||||
6 | driving privileges have been suspended
or revoked under any | ||||||
7 | provisions of this Code.
| ||||||
8 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
9 | State may not issue a restricted driving permit for the | ||||||
10 | operation of a commercial motor vehicle to a person holding a | ||||||
11 | CDL whose driving privileges have been suspended, revoked, | ||||||
12 | cancelled, or disqualified under any provisions of this Code. | ||||||
13 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
14 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
15 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
16 | eff. 8-11-09; 96-607, eff. 8-24-09.)
| ||||||
17 | Section 10. The Unified Code of Corrections is amended by | ||||||
18 | changing Section 5-4-1 as follows:
| ||||||
19 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
20 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
21 | (a) Except when the death penalty is
sought under hearing | ||||||
22 | procedures otherwise specified, after a
determination of | ||||||
23 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
24 | prior to the imposition of sentence on an individual being
|
| |||||||
| |||||||
1 | sentenced for an offense based upon a charge for a violation of | ||||||
2 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
3 | provision of a local
ordinance, the individual must undergo a | ||||||
4 | professional evaluation to
determine if an alcohol or other | ||||||
5 | drug abuse problem exists and the extent
of such a problem. | ||||||
6 | Programs conducting these evaluations shall be
licensed by the | ||||||
7 | Department of Human Services. However, if the individual is
not | ||||||
8 | a resident of Illinois, the court
may, in its discretion, | ||||||
9 | accept an evaluation from a program in the state of
such | ||||||
10 | individual's residence. The court may in its sentencing order | ||||||
11 | approve an
eligible defendant for placement in a Department of | ||||||
12 | Corrections impact
incarceration program as provided in | ||||||
13 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
14 | order recommend a defendant for placement in a Department of | ||||||
15 | Corrections substance abuse treatment program as provided in | ||||||
16 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
17 | upon the defendant being accepted in a program by the | ||||||
18 | Department of Corrections. At the
hearing the court
shall:
| ||||||
19 | (1) consider the evidence, if any, received upon the | ||||||
20 | trial;
| ||||||
21 | (2) consider any presentence reports;
| ||||||
22 | (3) consider the financial impact of incarceration | ||||||
23 | based on the
financial impact statement filed with the | ||||||
24 | clerk of the court by the
Department of Corrections;
| ||||||
25 | (4) consider evidence and information offered by the | ||||||
26 | parties in
aggravation and mitigation; |
| |||||||
| |||||||
1 | (4.5) consider substance abuse treatment, eligibility | ||||||
2 | screening, and an assessment, if any, of the defendant by | ||||||
3 | an agent designated by the State of Illinois to provide | ||||||
4 | assessment services for the Illinois courts;
| ||||||
5 | (5) hear arguments as to sentencing alternatives;
| ||||||
6 | (6) afford the defendant the opportunity to make a | ||||||
7 | statement in his
own behalf;
| ||||||
8 | (7) afford the victim of a violent crime or a violation | ||||||
9 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
10 | similar provision of a local
ordinance, or a qualified | ||||||
11 | individual affected by: (i) a violation of Section
405, | ||||||
12 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
13 | Act or a violation of Section 55 or Section 65 of the | ||||||
14 | Methamphetamine Control and Community Protection Act,
or | ||||||
15 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
16 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
17 | 1961,
committed by the defendant the opportunity to make a | ||||||
18 | statement
concerning the impact on the victim and to offer | ||||||
19 | evidence in aggravation or
mitigation; provided that the | ||||||
20 | statement and evidence offered in aggravation
or | ||||||
21 | mitigation must first be prepared in writing in conjunction | ||||||
22 | with the
State's Attorney before it may be presented orally | ||||||
23 | at the hearing. Any
sworn testimony offered by the victim | ||||||
24 | is subject to the defendant's right
to cross-examine. All | ||||||
25 | statements and evidence offered under this paragraph
(7) | ||||||
26 | shall become part of the record of the court. For the |
| |||||||
| |||||||
1 | purpose of this
paragraph (7), "qualified individual" | ||||||
2 | means any person who (i) lived or worked
within the | ||||||
3 | territorial jurisdiction where the offense took place when | ||||||
4 | the
offense took place;
and (ii) is familiar with various | ||||||
5 | public places within the territorial
jurisdiction where
| ||||||
6 | the offense took place when the offense took place. For the | ||||||
7 | purposes of
this paragraph (7), "qualified individual" | ||||||
8 | includes any peace officer,
or any member of any duly | ||||||
9 | organized State, county, or municipal peace unit
assigned | ||||||
10 | to the territorial jurisdiction where the offense took | ||||||
11 | place when the
offense took
place;
| ||||||
12 | (8) in cases of reckless homicide afford the victim's | ||||||
13 | spouse,
guardians, parents or other immediate family | ||||||
14 | members an opportunity to make
oral statements; and
| ||||||
15 | (9) in cases involving a felony sex offense as defined | ||||||
16 | under the Sex
Offender
Management Board Act, consider the | ||||||
17 | results of the sex offender evaluation
conducted pursuant | ||||||
18 | to Section 5-3-2 of this Act ; and .
| ||||||
19 | (10) make a finding of whether a motor vehicle was used | ||||||
20 | in the commission of the offense for which the defendant is | ||||||
21 | being sentenced. | ||||||
22 | (b) All sentences shall be imposed by the judge based upon | ||||||
23 | his
independent assessment of the elements specified above and | ||||||
24 | any agreement
as to sentence reached by the parties. The judge | ||||||
25 | who presided at the
trial or the judge who accepted the plea of | ||||||
26 | guilty shall impose the
sentence unless he is no longer sitting |
| |||||||
| |||||||
1 | as a judge in that court. Where
the judge does not impose | ||||||
2 | sentence at the same time on all defendants
who are convicted | ||||||
3 | as a result of being involved in the same offense, the
| ||||||
4 | defendant or the State's Attorney may advise the sentencing | ||||||
5 | court of the
disposition of any other defendants who have been | ||||||
6 | sentenced.
| ||||||
7 | (c) In imposing a sentence for a violent crime or for an | ||||||
8 | offense of
operating or being in physical control of a vehicle | ||||||
9 | while under the
influence of alcohol, any other drug or any | ||||||
10 | combination thereof, or a
similar provision of a local | ||||||
11 | ordinance, when such offense resulted in the
personal injury to | ||||||
12 | someone other than the defendant, the trial judge shall
specify | ||||||
13 | on the record the particular evidence, information, factors in
| ||||||
14 | mitigation and aggravation or other reasons that led to his | ||||||
15 | sentencing
determination. The full verbatim record of the | ||||||
16 | sentencing hearing shall be
filed with the clerk of the court | ||||||
17 | and shall be a public record.
| ||||||
18 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
19 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
20 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
21 | firearm, or armed violence with a category I weapon
or category | ||||||
22 | II weapon,
the trial judge shall make a finding as to whether | ||||||
23 | the conduct leading to
conviction for the offense resulted in | ||||||
24 | great bodily harm to a victim, and
shall enter that finding and | ||||||
25 | the basis for that finding in the record.
| ||||||
26 | (c-2) If the defendant is sentenced to prison, other than |
| |||||||
| |||||||
1 | when a sentence of
natural life imprisonment or a sentence of | ||||||
2 | death is imposed, at the time
the sentence is imposed the judge | ||||||
3 | shall
state on the record in open court the approximate period | ||||||
4 | of time the defendant
will serve in custody according to the | ||||||
5 | then current statutory rules and
regulations for early release | ||||||
6 | found in Section 3-6-3 and other related
provisions of this | ||||||
7 | Code. This statement is intended solely to inform the
public, | ||||||
8 | has no legal effect on the defendant's actual release, and may | ||||||
9 | not be
relied on by the defendant on appeal.
| ||||||
10 | The judge's statement, to be given after pronouncing the | ||||||
11 | sentence, other than
when the sentence is imposed for one of | ||||||
12 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
13 | shall include the following:
| ||||||
14 | "The purpose of this statement is to inform the public of | ||||||
15 | the actual period
of time this defendant is likely to spend in | ||||||
16 | prison as a result of this
sentence. The actual period of | ||||||
17 | prison time served is determined by the
statutes of Illinois as | ||||||
18 | applied to this sentence by the Illinois Department of
| ||||||
19 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
20 | case, assuming the defendant
receives all of his or her good | ||||||
21 | conduct credit, the period of estimated actual
custody is ... | ||||||
22 | years and ... months, less up to 180 days additional good
| ||||||
23 | conduct credit for meritorious service. If the defendant, | ||||||
24 | because of his or
her own misconduct or failure to comply with | ||||||
25 | the institutional regulations,
does not receive those credits, | ||||||
26 | the actual time served in prison will be
longer. The defendant |
| |||||||
| |||||||
1 | may also receive an additional one-half day good conduct
credit | ||||||
2 | for each day of participation in vocational, industry, | ||||||
3 | substance abuse,
and educational programs as provided for by | ||||||
4 | Illinois statute."
| ||||||
5 | When the sentence is imposed for one of the offenses | ||||||
6 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
7 | when the sentence is imposed for one of the
offenses enumerated | ||||||
8 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
9 | 19, 1998, and other than when the sentence is imposed for
| ||||||
10 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
11 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
12 | after January 1, 1999, and
other than when the sentence is | ||||||
13 | imposed for aggravated arson if the offense was
committed on or | ||||||
14 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
15 | the
judge's statement, to be given after pronouncing the | ||||||
16 | sentence, shall include
the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
23 | case,
assuming the defendant
receives all of his or her good | ||||||
24 | conduct credit, the period of estimated actual
custody is ... | ||||||
25 | years and ... months, less up to 90 days additional good
| ||||||
26 | conduct credit for meritorious service. If the defendant, |
| |||||||
| |||||||
1 | because of his or
her own misconduct or failure to comply with | ||||||
2 | the institutional regulations,
does not receive those credits, | ||||||
3 | the actual time served in prison will be
longer. The defendant | ||||||
4 | may also receive an additional one-half day good conduct
credit | ||||||
5 | for each day of participation in vocational, industry, | ||||||
6 | substance abuse,
and educational programs as provided for by | ||||||
7 | Illinois statute."
| ||||||
8 | When the sentence is imposed for one of the offenses | ||||||
9 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
10 | first degree murder, and the offense was
committed on or after | ||||||
11 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
12 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
13 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
14 | January 1, 1999,
and when the sentence is imposed for | ||||||
15 | aggravated driving under the influence
of alcohol, other drug | ||||||
16 | or drugs, or intoxicating compound or compounds, or
any | ||||||
17 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
18 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
19 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
20 | the offense was committed
on or after July 27, 2001 (the | ||||||
21 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
22 | be given after pronouncing the sentence, shall include the
| ||||||
23 | following:
| ||||||
24 | "The purpose of this statement is to inform the public of | ||||||
25 | the actual period
of time this defendant is likely to spend in | ||||||
26 | prison as a result of this
sentence. The actual period of |
| |||||||
| |||||||
1 | prison time served is determined by the
statutes of Illinois as | ||||||
2 | applied to this sentence by the Illinois Department of
| ||||||
3 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
4 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
5 | good conduct credit for
each month of his or her sentence of | ||||||
6 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
7 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
8 | days credit for each month of his or her sentence, the period
| ||||||
9 | of estimated actual custody is ... years and ... months. If the | ||||||
10 | defendant,
because of his or her own misconduct or failure to | ||||||
11 | comply with the
institutional regulations receives lesser | ||||||
12 | credit, the actual time served in
prison will be longer."
| ||||||
13 | When a sentence of imprisonment is imposed for first degree | ||||||
14 | murder and
the offense was committed on or after June 19, 1998, | ||||||
15 | the judge's statement,
to be given after pronouncing the | ||||||
16 | sentence, shall include the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois as | ||||||
21 | applied to this sentence by the Illinois Department
of | ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
23 | case, the
defendant is not entitled to good conduct credit. | ||||||
24 | Therefore, this defendant
will serve 100% of his or her | ||||||
25 | sentence."
| ||||||
26 | When the sentencing order recommends placement in a |
| |||||||
| |||||||
1 | substance abuse program for any offense that results in | ||||||
2 | incarceration
in a Department of Corrections facility and the | ||||||
3 | crime was
committed on or after September 1, 2003 (the | ||||||
4 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
5 | addition to any other judge's statement required under this
| ||||||
6 | Section, to be given after pronouncing the sentence, shall | ||||||
7 | include the
following:
| ||||||
8 | "The purpose of this statement is to inform the public of
| ||||||
9 | the actual period of time this defendant is likely to spend in
| ||||||
10 | prison as a result of this sentence. The actual period of
| ||||||
11 | prison time served is determined by the statutes of Illinois as
| ||||||
12 | applied to this sentence by the Illinois Department of
| ||||||
13 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
14 | case, the defendant shall receive no good conduct credit under | ||||||
15 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
16 | participates in and completes a substance abuse treatment | ||||||
17 | program or receives a waiver from the Director of Corrections | ||||||
18 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
19 | (c-4) Before the sentencing hearing and as part of the | ||||||
20 | presentence investigation under Section 5-3-1, the court shall | ||||||
21 | inquire of the defendant whether the defendant is currently | ||||||
22 | serving in or is a veteran of the Armed Forces of the United | ||||||
23 | States.
If the defendant is currently serving in the Armed | ||||||
24 | Forces of the United States or is a veteran of the Armed Forces | ||||||
25 | of the United States and has been diagnosed as having a mental | ||||||
26 | illness by a qualified psychiatrist or clinical psychologist or |
| |||||||
| |||||||
1 | physician, the court may: | ||||||
2 | (1) order that the officer preparing the presentence | ||||||
3 | report consult with the United States Department of | ||||||
4 | Veterans Affairs, Illinois Department of Veterans' | ||||||
5 | Affairs, or another agency or person with suitable | ||||||
6 | knowledge or experience for the purpose of providing the | ||||||
7 | court with information regarding treatment options | ||||||
8 | available to the defendant, including federal, State, and | ||||||
9 | local programming; and | ||||||
10 | (2) consider the treatment recommendations of any | ||||||
11 | diagnosing or treating mental health professionals | ||||||
12 | together with the treatment options available to the | ||||||
13 | defendant in imposing sentence. | ||||||
14 | For the purposes of this subsection (c-4), "qualified | ||||||
15 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
16 | to practice medicine in all its branches, who has specialized | ||||||
17 | in the diagnosis and treatment of mental and nervous disorders | ||||||
18 | for a period of not less than 5 years. | ||||||
19 | (c-6) In imposing a sentence, the trial judge shall | ||||||
20 | specify, on the record, the particular evidence and other | ||||||
21 | reasons which led to his or her determination that a motor | ||||||
22 | vehicle was used in the commission of the offense. | ||||||
23 | (d) When the defendant is committed to the Department of
| ||||||
24 | Corrections, the State's Attorney shall and counsel for the | ||||||
25 | defendant
may file a statement with the clerk of the court to | ||||||
26 | be transmitted to
the department, agency or institution to |
| |||||||
| |||||||
1 | which the defendant is
committed to furnish such department, | ||||||
2 | agency or institution with the
facts and circumstances of the | ||||||
3 | offense for which the person was
committed together with all | ||||||
4 | other factual information accessible to them
in regard to the | ||||||
5 | person prior to his commitment relative to his habits,
| ||||||
6 | associates, disposition and reputation and any other facts and
| ||||||
7 | circumstances which may aid such department, agency or | ||||||
8 | institution
during its custody of such person. The clerk shall | ||||||
9 | within 10 days after
receiving any such statements transmit a | ||||||
10 | copy to such department, agency
or institution and a copy to | ||||||
11 | the other party, provided, however, that
this shall not be | ||||||
12 | cause for delay in conveying the person to the
department, | ||||||
13 | agency or institution to which he has been committed.
| ||||||
14 | (e) The clerk of the court shall transmit to the | ||||||
15 | department,
agency or institution, if any, to which the | ||||||
16 | defendant is committed, the
following:
| ||||||
17 | (1) the sentence imposed;
| ||||||
18 | (2) any statement by the court of the basis for | ||||||
19 | imposing the sentence;
| ||||||
20 | (3) any presentence reports;
| ||||||
21 | (3.5) any sex offender evaluations;
| ||||||
22 | (3.6) any substance abuse treatment eligibility | ||||||
23 | screening and assessment of the defendant by an agent | ||||||
24 | designated by the State of Illinois to provide assessment | ||||||
25 | services for the Illinois courts;
| ||||||
26 | (4) the number of days, if any, which the defendant has |
| |||||||
| |||||||
1 | been in
custody and for which he is entitled to credit | ||||||
2 | against the sentence,
which information shall be provided | ||||||
3 | to the clerk by the sheriff;
| ||||||
4 | (4.1) any finding of great bodily harm made by the | ||||||
5 | court with respect
to an offense enumerated in subsection | ||||||
6 | (c-1);
| ||||||
7 | (5) all statements filed under subsection (d) of this | ||||||
8 | Section;
| ||||||
9 | (6) any medical or mental health records or summaries | ||||||
10 | of the defendant;
| ||||||
11 | (7) the municipality where the arrest of the offender | ||||||
12 | or the commission
of the offense has occurred, where such | ||||||
13 | municipality has a population of
more than 25,000 persons;
| ||||||
14 | (8) all statements made and evidence offered under | ||||||
15 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
16 | (9) all additional matters which the court directs the | ||||||
17 | clerk to
transmit.
| ||||||
18 | (f) In cases in which the court finds that a motor vehicle | ||||||
19 | was used in the commission of the offense for which the | ||||||
20 | defendant is being sentenced, the clerk of the court shall, | ||||||
21 | within 5 days thereafter, forward a report of such conviction | ||||||
22 | to the Secretary of State. | ||||||
23 | (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
|