093_HB2824

 
                                     LRB093 09481 DRH 09716 b

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.    The  Illinois  Vehicle  Code is amended by
 5    changing Sections 6-206, 11-1201, and 16-105 as follows:

 6        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 7        Sec. 6-206.  Discretionary authority to suspend or revoke
 8    license or permit; Right to a hearing.
 9        (a)  The Secretary of State is authorized to  suspend  or
10    revoke   the   driving   privileges  of  any  person  without
11    preliminary hearing upon a showing of the person's records or
12    other sufficient evidence that the person:
13             1.  Has committed an  offense  for  which  mandatory
14        revocation  of  a  driver's license or permit is required
15        upon conviction;
16             2.  Has been convicted of not less than  3  offenses
17        against  traffic  regulations  governing  the movement of
18        vehicles  committed  within  any  12  month  period.   No
19        revocation or suspension shall be  entered  more  than  6
20        months after the date of last conviction;
21             3.  Has  been  repeatedly  involved  as  a driver in
22        motor vehicle collisions or has been repeatedly convicted
23        of offenses against laws and  ordinances  regulating  the
24        movement  of  traffic, to a degree that indicates lack of
25        ability to exercise ordinary and reasonable care  in  the
26        safe  operation  of a motor vehicle or disrespect for the
27        traffic laws and the safety of  other  persons  upon  the
28        highway;
29             4.  Has by the unlawful operation of a motor vehicle
30        caused  or  contributed to an accident resulting in death
31        or injury requiring immediate professional treatment in a
 
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 1        medical facility or doctor's office to any person, except
 2        that  any  suspension  or  revocation  imposed   by   the
 3        Secretary   of   State   under  the  provisions  of  this
 4        subsection shall start no later than 6 months after being
 5        convicted of violating a law or ordinance regulating  the
 6        movement  of  traffic,  which violation is related to the
 7        accident, or shall start not more than one year after the
 8        date of the accident, whichever date occurs later;
 9             5.  Has permitted an unlawful or fraudulent use of a
10        driver's license, identification card, or permit;
11             6.  Has been lawfully convicted  of  an  offense  or
12        offenses  in  another  state, including the authorization
13        contained in Section 6-203.1, which if  committed  within
14        this State would be grounds for suspension or revocation;
15             7.  Has   refused   or   failed   to  submit  to  an
16        examination provided for by Section 6-207 or  has  failed
17        to pass the examination;
18             8.  Is  ineligible  for a driver's license or permit
19        under the provisions of Section 6-103;
20             9.  Has  made  a  false   statement   or   knowingly
21        concealed  a  material fact or has used false information
22        or identification  in  any  application  for  a  license,
23        identification card, or permit;
24             10.  Has   possessed,  displayed,  or  attempted  to
25        fraudulently use any  license,  identification  card,  or
26        permit not issued to the person;
27             11.  Has  operated a motor vehicle upon a highway of
28        this  State  when  the  person's  driving  privilege   or
29        privilege  to  obtain  a  driver's  license or permit was
30        revoked or suspended unless the operation was  authorized
31        by  a  judicial  driving  permit, probationary license to
32        drive, or a restricted driving permit issued  under  this
33        Code;
34             12.  Has submitted to any portion of the application
 
                            -3-      LRB093 09481 DRH 09716 b
 1        process  for  another person or has obtained the services
 2        of another  person  to  submit  to  any  portion  of  the
 3        application  process  for  the  purpose  of  obtaining  a
 4        license,  identification  card,  or permit for some other
 5        person;
 6             13.  Has operated a motor vehicle upon a highway  of
 7        this  State  when the person's driver's license or permit
 8        was invalid under the provisions of Sections 6-107.1  and
 9        6-110;
10             14.  Has  committed  a  violation  of Section 6-301,
11        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
12        14B of the Illinois Identification Card Act;
13             15.  Has been convicted of violating Section 21-2 of
14        the  Criminal  Code of 1961 relating to criminal trespass
15        to vehicles in which case, the suspension  shall  be  for
16        one year;
17             16.  Has  been convicted of violating Section 11-204
18        of this Code relating to fleeing from a police officer;
19             17.  Has refused to submit to a test, or  tests,  as
20        required  under  Section  11-501.1  of  this Code and the
21        person has not  sought  a  hearing  as  provided  for  in
22        Section 11-501.1;
23             18.  Has,  since  issuance  of a driver's license or
24        permit, been adjudged to be afflicted with  or  suffering
25        from any mental disability or disease;
26             19.  Has  committed  a violation of paragraph (a) or
27        (b) of  Section  6-101  relating  to  driving  without  a
28        driver's license;
29             20.  Has  been  convicted of violating Section 6-104
30        relating to classification of driver's license;
31             21.  Has been convicted of violating Section  11-402
32        of this Code relating to leaving the scene of an accident
33        resulting  in damage to a vehicle in excess of $1,000, in
34        which case the suspension shall be for one year;
 
                            -4-      LRB093 09481 DRH 09716 b
 1             22.  Has used a motor vehicle in violating paragraph
 2        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
 3        of  the Criminal Code of 1961 relating to unlawful use of
 4        weapons, in which case the suspension shall  be  for  one
 5        year;
 6             23.  Has,  as a driver, been convicted of committing
 7        a violation of paragraph (a) of Section  11-502  of  this
 8        Code for a second or subsequent time within one year of a
 9        similar violation;
10             24.  Has   been  convicted  by  a  court-martial  or
11        punished   by   non-judicial   punishment   by   military
12        authorities  of  the  United   States   at   a   military
13        installation  in  Illinois  of  or  for a traffic related
14        offense that is the same as  or  similar  to  an  offense
15        specified under Section 6-205 or 6-206 of this Code;
16             25.  Has  permitted any form of identification to be
17        used by another in the application process  in  order  to
18        obtain  or  attempt  to  obtain a license, identification
19        card, or permit;
20             26.  Has altered or attempted to alter a license  or
21        has possessed an altered license, identification card, or
22        permit;
23             27.  Has violated Section 6-16 of the Liquor Control
24        Act of 1934;
25             28.  Has  been  convicted of the illegal possession,
26        while operating or  in  actual  physical  control,  as  a
27        driver,  of  a motor vehicle, of any controlled substance
28        prohibited under the Illinois Controlled  Substances  Act
29        or  any  cannabis  prohibited under the provisions of the
30        Cannabis Control Act, in which case the person's  driving
31        privileges  shall  be  suspended  for  one  year, and any
32        driver  who  is  convicted  of  a  second  or  subsequent
33        offense, within 5 years of a previous conviction, for the
34        illegal possession, while operating or in actual physical
 
                            -5-      LRB093 09481 DRH 09716 b
 1        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 2        controlled substance prohibited under the  provisions  of
 3        the  Illinois  Controlled  Substances Act or any cannabis
 4        prohibited  under  the  Cannabis  Control  Act  shall  be
 5        suspended for 5 years. Any defendant found guilty of this
 6        offense while operating a motor vehicle,  shall  have  an
 7        entry  made  in  the  court record by the presiding judge
 8        that this offense  did  occur  while  the  defendant  was
 9        operating  a  motor  vehicle  and  order the clerk of the
10        court to report the violation to the Secretary of State;
11             29.  Has been convicted of  the  following  offenses
12        that  were committed while the person was operating or in
13        actual physical control, as a driver, of a motor vehicle:
14        criminal  sexual  assault,  predatory   criminal   sexual
15        assault  of  a child, aggravated criminal sexual assault,
16        criminal sexual abuse, aggravated criminal sexual  abuse,
17        juvenile  pimping,  soliciting  for a juvenile prostitute
18        and the  manufacture,  sale  or  delivery  of  controlled
19        substances  or  instruments  used for illegal drug use or
20        abuse in which case the driver's driving privileges shall
21        be suspended for one year;
22             30.  Has been convicted a second or subsequent  time
23        for any combination of the offenses named in paragraph 29
24        of  this  subsection,  in which case the person's driving
25        privileges shall be suspended for 5 years;
26             31.  Has refused to submit to a test as required  by
27        Section  11-501.6 or has submitted to a test resulting in
28        an alcohol concentration of 0.08 or more or any amount of
29        a  drug,  substance,  or  compound  resulting  from   the
30        unlawful  use or consumption of cannabis as listed in the
31        Cannabis Control Act, a controlled substance as listed in
32        the   Illinois   Controlled   Substances   Act,   or   an
33        intoxicating  compound  as   listed   in   the   Use   of
34        Intoxicating  Compounds  Act,  in  which case the penalty
 
                            -6-      LRB093 09481 DRH 09716 b
 1        shall be as prescribed in Section 6-208.1;
 2             32.  Has been convicted of  Section  24-1.2  of  the
 3        Criminal   Code   of  1961  relating  to  the  aggravated
 4        discharge of a firearm if the offender was located  in  a
 5        motor  vehicle at the time the firearm was discharged, in
 6        which case the suspension shall be for 3 years;
 7             33.  Has as  a driver, who was less than 21 years of
 8        age on the date of the offense, been  convicted  a  first
 9        time of a violation of paragraph (a) of Section 11-502 of
10        this Code or a similar provision of a local ordinance;
11             34.  Has  committed a violation of Section 11-1301.5
12        of this Code;
13             35.  Has committed a violation of Section  11-1301.6
14        of this Code;
15             36.  Is  under  the  age  of 21 years at the time of
16        arrest and has been convicted of not less than 2 offenses
17        against traffic regulations  governing  the  movement  of
18        vehicles  committed  within  any  24  month  period.   No
19        revocation  or  suspension  shall  be entered more than 6
20        months after the date of last conviction;
21             37.  Has committed a violation of subsection (c)  of
22        Section 11-907 of this Code; or
23             38.  Has  been  convicted  of a violation of Section
24        6-20 of the Liquor Control  Act  of  1934  or  a  similar
25        provision of a local ordinance;.
26             39.  Has  committed a second or subsequent violation
27        of Section 11-1201 of this Code; or.
28             40.  Has committed a violation of subsection (b)  of
29        Section   11-1201   of  this  Code,  in  which  case  the
30        suspension shall be 3 months for  a  first  violation,  6
31        months for a second violation, or one year for a third or
32        subsequent violation.
33        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
34    and  27  of  this  subsection,  license  means  any  driver's
 
                            -7-      LRB093 09481 DRH 09716 b
 1    license, any traffic ticket issued when the person's driver's
 2    license is deposited in lieu of  bail,  a  suspension  notice
 3    issued  by  the  Secretary of State, a duplicate or corrected
 4    driver's  license,  a  probationary  driver's  license  or  a
 5    temporary driver's license.
 6        (b)  If any conviction forming the basis of a  suspension
 7    or  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,
10    provided that a certified copy of a stay order of a court  is
11    filed  with  the  Secretary  of  State.  If the conviction is
12    affirmed on appeal, the date of the conviction  shall  relate
13    back  to  the  time  the  original judgment of conviction was
14    entered and the  6  month  limitation  prescribed  shall  not
15    apply.
16         (c) 1.  Upon suspending or revoking the driver's license
17        or  permit  of  any person as authorized in this Section,
18        the Secretary  of  State  shall  immediately  notify  the
19        person  in  writing  of the revocation or suspension. The
20        notice to be deposited in the United States mail, postage
21        prepaid, to the last known address of the person.
22             2.  If the Secretary of State suspends the  driver's
23        license  of  a person under subsection 2 of paragraph (a)
24        of this  Section,  a  person's  privilege  to  operate  a
25        vehicle as an occupation shall not be suspended, provided
26        an  affidavit  is properly completed, the appropriate fee
27        received, and a permit issued prior to the effective date
28        of the suspension, unless 5 offenses were  committed,  at
29        least  2  of  which occurred while operating a commercial
30        vehicle  in  connection   with   the   driver's   regular
31        occupation.   All   other  driving  privileges  shall  be
32        suspended by the Secretary of State. Any driver prior  to
33        operating  a  vehicle for occupational purposes only must
34        submit the affidavit on  forms  to  be  provided  by  the
 
                            -8-      LRB093 09481 DRH 09716 b
 1        Secretary  of  State  setting  forth  the  facts  of  the
 2        person's  occupation.  The affidavit shall also state the
 3        number of offenses committed while operating a vehicle in
 4        connection with  the  driver's  regular  occupation.  The
 5        affidavit  shall  be accompanied by the driver's license.
 6        Upon receipt  of  a  properly  completed  affidavit,  the
 7        Secretary  of  State  shall  issue the driver a permit to
 8        operate a vehicle in connection with the driver's regular
 9        occupation only. Unless  the  permit  is  issued  by  the
10        Secretary  of  State prior to the date of suspension, the
11        privilege to drive any motor vehicle shall  be  suspended
12        as  set  forth  in  the notice that was mailed under this
13        Section. If an affidavit is received  subsequent  to  the
14        effective date of this suspension, a permit may be issued
15        for the remainder of the suspension period.
16             The  provisions of this subparagraph shall not apply
17        to any driver required to obtain  a  commercial  driver's
18        license  under  Section  6-507  during  the  period  of a
19        disqualification of commercial driving  privileges  under
20        Section 6-514.
21             Any  person  who  falsely  states  any  fact  in the
22        affidavit required herein  shall  be  guilty  of  perjury
23        under  Section  6-302  and  upon conviction thereof shall
24        have  all  driving  privileges  revoked  without  further
25        rights.
26             3.  At the conclusion of  a  hearing  under  Section
27        2-118  of  this Code, the Secretary of State shall either
28        rescind or continue  an  order  of  revocation  or  shall
29        substitute   an  order  of  suspension;  or,  good  cause
30        appearing therefor, rescind, continue, change, or  extend
31        the  order of suspension.  If the Secretary of State does
32        not  rescind  the   order,   the   Secretary   may   upon
33        application,   to   relieve   undue   hardship,  issue  a
34        restricted  driving  permit  granting  the  privilege  of
 
                            -9-      LRB093 09481 DRH 09716 b
 1        driving  a  motor  vehicle   between   the   petitioner's
 2        residence  and petitioner's place of employment or within
 3        the scope of his employment related duties, or  to  allow
 4        transportation  for the petitioner, or a household member
 5        of the petitioner's family, to receive necessary  medical
 6        care   and  if  the  professional  evaluation  indicates,
 7        provide   transportation   for   alcohol   remedial    or
 8        rehabilitative  activity, or for the petitioner to attend
 9        classes, as  a  student,  in  an  accredited  educational
10        institution;  if  the  petitioner  is able to demonstrate
11        that no alternative means of transportation is reasonably
12        available and the petitioner will not endanger the public
13        safety or welfare.
14             If a person's license or permit has been revoked  or
15        suspended  due  to  2  or  more  convictions of violating
16        Section 11-501 of this Code or a similar provision  of  a
17        local   ordinance  or  a  similar  out-of-state  offense,
18        arising out of  separate  occurrences,  that  person,  if
19        issued  a  restricted  driving  permit, may not operate a
20        vehicle unless it has  been  equipped  with  an  ignition
21        interlock device as defined in Section 1-129.1.
22             If  a person's license or permit has been revoked or
23        suspended 2 or more times within a 10 year period due  to
24        a  single  conviction of violating Section 11-501 of this
25        Code or a similar provision of a  local  ordinance  or  a
26        similar  out-of-state  offense,  and  a statutory summary
27        suspension under Section 11-501.1, or 2 or more statutory
28        summary suspensions, or combination of 2 offenses, or  of
29        an  offense  and  a statutory summary suspension, arising
30        out of separate occurrences, that  person,  if  issued  a
31        restricted  driving  permit,  may  not  operate a vehicle
32        unless it has been equipped with  an  ignition  interlock
33        device  as  defined  in Section 1-129.1.  The person must
34        pay to the Secretary of State DUI Administration Fund  an
 
                            -10-     LRB093 09481 DRH 09716 b
 1        amount  not to exceed $20 per month.  The Secretary shall
 2        establish by rule the amount and the  procedures,  terms,
 3        and conditions relating to these fees.  If the restricted
 4        driving  permit  was issued for employment purposes, then
 5        this provision does not apply  to  the  operation  of  an
 6        occupational  vehicle  owned  or  leased by that person's
 7        employer.   In  each  case  the  Secretary  may  issue  a
 8        restricted   driving   permit   for   a   period   deemed
 9        appropriate, except that all permits shall expire  within
10        one  year  from  the date of issuance.  The Secretary may
11        not, however, issue a restricted driving  permit  to  any
12        person whose current revocation is the result of a second
13        or  subsequent  conviction  for  a  violation  of Section
14        11-501 of this Code or a similar  provision  of  a  local
15        ordinance  relating  to the offense of operating or being
16        in physical control of a motor vehicle  while  under  the
17        influence  of  alcohol, other drug or drugs, intoxicating
18        compound  or  compounds,  or  any  similar   out-of-state
19        offense,  or any combination of those offenses, until the
20        expiration of at least one year  from  the  date  of  the
21        revocation.   A  restricted  driving  permit issued under
22        this  Section   shall   be   subject   to   cancellation,
23        revocation,  and  suspension by the Secretary of State in
24        like manner and for like  cause  as  a  driver's  license
25        issued  under  this  Code  may  be cancelled, revoked, or
26        suspended; except that a  conviction  upon  one  or  more
27        offenses   against  laws  or  ordinances  regulating  the
28        movement of traffic shall be deemed sufficient cause  for
29        the   revocation,   suspension,   or  cancellation  of  a
30        restricted driving permit.  The Secretary of  State  may,
31        as  a  condition  to the issuance of a restricted driving
32        permit,  require  the  applicant  to  participate  in   a
33        designated  driver  remedial  or  rehabilitative program.
34        The  Secretary  of  State  is  authorized  to  cancel   a
 
                            -11-     LRB093 09481 DRH 09716 b
 1        restricted  driving  permit if the permit holder does not
 2        successfully complete the program.
 3        (c-5)  The Secretary of State may, as a condition of  the
 4    reissuance  of  a  driver's license or permit to an applicant
 5    whose driver's license or permit has been suspended before he
 6    or she reached the age of 18 years pursuant  to  any  of  the
 7    provisions   of   this  Section,  require  the  applicant  to
 8    participate in a driver  remedial  education  course  and  be
 9    retested under Section 6-109 of this Code.
10        (d)  This  Section  is  subject  to the provisions of the
11    Drivers License Compact.
12        (e)  The Secretary of State shall not issue a  restricted
13    driving  permit  to  a person under the age of 16 years whose
14    driving privileges have been suspended or revoked  under  any
15    provisions of this Code.
16    (Source: P.A.  92-283,  eff.  1-1-02;  92-418,  eff. 8-17-01;
17    92-458, eff. 8-22-01;  92-651,  eff.  7-11-02;  92-804,  eff.
18    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

19        (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
20        Sec. 11-1201.  Obedience to signal indicating approach of
21    train.
22        (a)  Whenever  any  person driving a vehicle approaches a
23    railroad grade  crossing  where  the  driver  is  not  always
24    required  to  stop,  the  person  must  exercise due care and
25    caution as the existence of a railroad track across a highway
26    is a warning of danger, and under any  of  the  circumstances
27    stated  in this Section, the driver shall stop within 50 feet
28    but not less than 15  feet  from  the  nearest  rail  of  the
29    railroad and shall not proceed until the tracks are clear and
30    he or she can do so safely.  The foregoing requirements shall
31    apply when:
32             1.  A  clearly visible electric or mechanical signal
33        device gives warning  of  the  immediate  approach  of  a
 
                            -12-     LRB093 09481 DRH 09716 b
 1        railroad train;
 2             2.  A  crossing  gate  is lowered or a human flagman
 3        gives or continues to give a signal of  the  approach  or
 4        passage of a railroad train;
 5             3.  A  railroad train approaching a highway crossing
 6        emits a warning signal and such railroad train, by reason
 7        of  its  speed  or  nearness  to  such  crossing,  is  an
 8        immediate hazard;
 9             4.  An approaching railroad train is plainly visible
10        and is in hazardous proximity to such crossing;
11             5.  A railroad train is approaching so closely  that
12        an immediate hazard is created.
13        (a-5)  Whenever  a  person driving a vehicle approaches a
14    railroad grade  crossing  where  the  driver  is  not  always
15    required to stop but must slow down, the person must exercise
16    due  care  and  caution  as the existence of a railroad track
17    across a highway is a warning of danger, and under any of the
18    circumstances stated in this Section, the driver  shall  slow
19    down  within  50  feet  but  not  less  than 15 feet from the
20    nearest rail of the railroad and shall not proceed  until  he
21    or  she  checks  that  the tracks are clear of an approaching
22    train.
23        (b)  No person shall drive any vehicle through, around or
24    under any crossing gate or barrier  at  a  railroad  crossing
25    while  such  gate  or barrier is closed or is being opened or
26    closed.
27        (c)  The  Department,  and  local  authorities  with  the
28    approval  of  the  Department,  are  hereby   authorized   to
29    designate  particularly  dangerous highway grade crossings of
30    railroads and to erect stop signs thereat.   When  such  stop
31    signs are erected the driver of any vehicle shall stop within
32    50  feet  but  not less than 15 feet from the nearest rail of
33    such railroad and shall  proceed  only  upon  exercising  due
34    care.
 
                            -13-     LRB093 09481 DRH 09716 b
 1        (d)  At   any   railroad  grade  crossing  provided  with
 2    railroad crossbuck signs,  without  automatic,  electric,  or
 3    mechanical signal devices, crossing gates, or a human flagman
 4    giving  a  signal  of the approach or passage of a train, the
 5    driver of a  vehicle  shall  in  obedience  to  the  railroad
 6    crossbuck  sign,  yield  the  right-of-way and slow down to a
 7    speed reasonable for the existing conditions and shall  stop,
 8    if  required for safety, at a clearly marked stopped line, or
 9    if no stop line, within 50 feet but not  less  than  15  feet
10    from  the  nearest rail of the railroad and shall not proceed
11    until he or she can do so safely.  If a driver is involved in
12    a collision at a railroad crossing  or  interferes  with  the
13    movement of a train after driving past the railroad crossbuck
14    sign,  the  collision or interference is prima facie evidence
15    of the driver's failure to yield right-of-way.
16        (d-1)  No person shall, while driving a commercial  motor
17    vehicle,  fail to negotiate a railroad-highway grade railroad
18    crossing because of insufficient undercarriage clearance.
19        (d-5)  (Blank).
20        (e)  It is unlawful to violate any part of this  Section.
21    Except as provided in subsection (e-5):
22             (1)  A  violation of this Section is a petty offense
23        for which a fine of $250 shall be  imposed  for  a  first
24        violation,  and  a  fine  of  $500 shall be imposed for a
25        second or subsequent violation.  The court may impose  25
26        hours  of community service in place of the $250 fine for
27        the first violation.
28             (2)  For  a  second  or  subsequent  violation,  the
29        Secretary of State may suspend the driving privileges  of
30        the offender for a minimum of 6 months.
31        (e-5)  Any  person  who  violates  subsection (b) of this
32    Section shall be fined $500 and his or her driving privileges
33    shall be suspended for 3 months.  A  second  violation  shall
34    result in a $1,000 fine and a 6 month suspension.  A third or
 
                            -14-     LRB093 09481 DRH 09716 b
 1    subsequent  violation shall result in a $1,000 fine and a one
 2    year suspension.  Of the moneys collected from fines  imposed
 3    under  this  subsection,  75% shall be deposited in the Grade
 4    Crossing Protection Fund and shall be used for signs at grade
 5    crossings to inform motorists  of  the  penalties  for  going
 6    around  crossing  gates,  and the remainder shall be paid and
 7    used in accordance with the terms of Section 16-105  of  this
 8    Act.
 9        (f)  Corporate   authorities  of  municipal  corporations
10    regulating operators of vehicles that fail  to  obey  signals
11    indicating the presence, approach, passage, or departure of a
12    train  shall impose fines as established in subsection (e) of
13    this Section.
14    (Source: P.A.  92-245,  eff.  8-3-01;  92-249,  eff.  1-1-02;
15    92-651,  eff.  7-11-02;  92-814,  eff.  1-1-03;  92-834, eff.
16    8-22-02; revised 8-26-02.)

17        (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
18        Sec. 16-105. Disposition of fines and forfeitures.
19        (a)  Except as provided in subsection  (e-5)  of  Section
20    11-1201  of  this  Act and in Section 16-104a of this Act and
21    except for those amounts required to be paid into the Traffic
22    and Criminal Conviction Surcharge Fund in the State  Treasury
23    pursuant  to  Section 9.1 of the Illinois Police Training Act
24    and Section 5-9-1 of the  Unified  Code  of  Corrections  and
25    except  those  amounts subject to disbursement by the circuit
26    clerk under Section 27.5 of the Clerks of Courts  Act,  fines
27    and  penalties  recovered under the provisions of Chapters 11
28    through 16 inclusive of this Code shall be paid and  used  as
29    follows:
30             1.  For offenses committed upon a highway within the
31        limits  of a city, village, or incorporated town or under
32        the jurisdiction of any park district, to  the  treasurer
33        of  the  particular  city,  village, incorporated town or
 
                            -15-     LRB093 09481 DRH 09716 b
 1        park district,  if  the  violator  was  arrested  by  the
 2        authorities  of  the  city, village, incorporated town or
 3        park district, provided the police officers and officials
 4        of  cities,  villages,  incorporated   towns   and   park
 5        districts  shall  seasonably  prosecute for all fines and
 6        penalties under this Code. If the violation is prosecuted
 7        by the authorities of the county, any fines or  penalties
 8        recovered shall be paid to the county treasurer. Provided
 9        further  that  if  the violator was arrested by the State
10        Police,  fines  and   penalties   recovered   under   the
11        provisions  of  paragraph  (a)  of Section 15-113 of this
12        Code or paragraph (e) of  Section  15-316  of  this  Code
13        shall  be  paid  over  to  the Department of State Police
14        which shall thereupon remit the amount of the  fines  and
15        penalties  so  received  to the State Treasurer who shall
16        deposit the amount so remitted in the special fund in the
17        State treasury known as the Road Fund except that if  the
18        violation  is  prosecuted by the State's Attorney, 10% of
19        the fine or  penalty  recovered  shall  be  paid  to  the
20        State's  Attorney  as a fee of his office and the balance
21        shall be paid over to the Department of State Police  for
22        remittance  to  and  deposit  by  the  State Treasurer as
23        hereinabove provided.
24             2.  Except as provided in paragraph 4, for  offenses
25        committed  upon any highway outside the limits of a city,
26        village, incorporated  town  or  park  district,  to  the
27        county  treasurer  of  the  county  where the offense was
28        committed except if  such  offense  was  committed  on  a
29        highway  maintained  by  or  under  the  supervision of a
30        township, township district, or a road  district  to  the
31        Treasurer thereof for deposit in the road and bridge fund
32        of  such township or other district; Provided, that fines
33        and penalties recovered under the provisions of paragraph
34        (a) of Section 15-113, paragraph (d) of Section 3-401, or
 
                            -16-     LRB093 09481 DRH 09716 b
 1        paragraph (e) of Section 15-316 of  this  Code  shall  be
 2        paid  over  to the Department of State Police which shall
 3        thereupon remit the amount of the fines and penalties  so
 4        received  to  the  State  Treasurer who shall deposit the
 5        amount so remitted in  the  special  fund  in  the  State
 6        treasury  known  as  the  Road  Fund  except  that if the
 7        violation is prosecuted by the State's Attorney,  10%  of
 8        the  fine  or  penalty  recovered  shall  be  paid to the
 9        State's Attorney as a fee of his office and  the  balance
10        shall  be paid over to the Department of State Police for
11        remittance to and  deposit  by  the  State  Treasurer  as
12        hereinabove provided.
13             3.  Notwithstanding  subsections  1  and  2  of this
14        paragraph, for  violations  of  overweight  and  overload
15        limits  found  in  Sections 15-101 through 15-203 of this
16        Code, which are committed upon the highways belonging  to
17        the  Illinois  State  Toll  Highway  Authority, fines and
18        penalties shall be paid over to the Illinois  State  Toll
19        Highway  Authority  for  deposit with the State Treasurer
20        into that special fund known as the Illinois  State  Toll
21        Highway  Authority  Fund, except that if the violation is
22        prosecuted by the State's Attorney, 10% of  the  fine  or
23        penalty  recovered  shall be paid to the State's Attorney
24        as a fee of his office and the balance shall be paid over
25        to  the  Illinois  State  Toll  Highway   Authority   for
26        remittance  to  and  deposit  by  the  State Treasurer as
27        hereinabove provided.
28             4.  With regard  to  violations  of  overweight  and
29        overload  limits  found in Sections 15-101 through 15-203
30        of  this  Code  committed  by   operators   of   vehicles
31        registered  as  Special  Hauling  Vehicles,  for offenses
32        committed upon a highway within the  limits  of  a  city,
33        village,  or  incorporated town or under the jurisdiction
34        of any park district, all fines and  penalties  shall  be
 
                            -17-     LRB093 09481 DRH 09716 b
 1        paid  over  or  retained  as  required  in  paragraph  1.
 2        However,  with  regard to the above offenses committed by
 3        operators  of  vehicles  registered  as  Special  Hauling
 4        Vehicles upon any highway outside the limits of  a  city,
 5        village,  incorporated  town  or park district, fines and
 6        penalties shall be paid over or retained  by  the  entity
 7        having  jurisdiction  over the road or highway upon which
 8        the offense occurred, except that  if  the  violation  is
 9        prosecuted  by  the  State's Attorney, 10% of the fine or
10        penalty recovered shall be paid to the  State's  Attorney
11        as a fee of his office.
12        (b)  Failure,  refusal  or  neglect  on  the  part of any
13    judicial or other officer or  employee  receiving  or  having
14    custody of any such fine or forfeiture either before or after
15    a  deposit  with  the proper official as defined in paragraph
16    (a) of this Section, shall constitute  misconduct  in  office
17    and shall be grounds for removal therefrom.
18    (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.