Full Text of SB4173 102nd General Assembly
SB4173 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4173 Introduced 2/15/2022, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-204 | from Ch. 95 1/2, par. 6-204 | 625 ILCS 5/12-610.1 | |
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Amends the Illinois Vehicle Code. Requires the Secretary of State to suspend the driver's license issued to a person charged with aggravated use of a wireless telephone resulting in the death of another person immediately after: an indictment has been returned by a grand jury; a preliminary hearing after which a judge finds there is probable cause to believe the person has committed one of the offenses; or the person has waived a preliminary hearing. Requires the suspension to remain in effect until the case is resolved by a sentencing hearing, a dismissal of the charge, or an entry of a not guilty verdict. Requires the Secretary of State to revoke the driver's license issued to a person convicted of aggravated use of a wireless telephone resulting in the death of another person, for not less than 3 years, commencing on the date of the person's sentencing hearing.
Makes corresponding changes. Provides that the amendatory Act may be referred to as the Protz-Lidy Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. References to Act. This Act may be referred to | 5 | | as the Protz-Lidy Act. | 6 | | Section 5. The Illinois Vehicle Code is amended by | 7 | | changing Sections 6-204 and 12-610.1 as follows:
| 8 | | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| 9 | | (Text of Section before amendment by P.A. 101-652 ) | 10 | | Sec. 6-204. When court to forward license and reports.
| 11 | | (a) For the purpose of providing to the Secretary of State | 12 | | the records
essential to the performance of the Secretary's | 13 | | duties under this Code to
cancel, revoke or suspend the | 14 | | driver's license and privilege to drive motor
vehicles of | 15 | | certain minors and of persons
found guilty of the criminal | 16 | | offenses or traffic violations
which this Code recognizes as | 17 | | evidence relating to unfitness to safely operate
motor | 18 | | vehicles, the following duties are imposed upon public | 19 | | officials:
| 20 | | (1) Whenever any person is convicted of any offense | 21 | | for which
this
Code makes mandatory the cancellation or | 22 | | revocation of the driver's
license or permit of such |
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| 1 | | person by the Secretary of State, the judge of the
court in | 2 | | which such conviction is had shall require the surrender | 3 | | to the clerk
of the court of all driver's licenses or | 4 | | permits then held by the person so
convicted, and the | 5 | | clerk of the court shall, within 5 days thereafter, | 6 | | forward
the same, together with a report of such | 7 | | conviction, to the Secretary.
| 8 | | (2) Whenever any person is convicted of any offense | 9 | | under this
Code or
similar offenses under a municipal | 10 | | ordinance, other than regulations
governing standing, | 11 | | parking or weights of vehicles, and excepting the
| 12 | | following enumerated Sections of this Code: Sections | 13 | | 11-1406 (obstruction
to driver's view or control), 11-1407 | 14 | | (improper opening of door into
traffic), 11-1410 (coasting | 15 | | on downgrade), 11-1411 (following fire
apparatus), | 16 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| 17 | | vehicle which is in unsafe condition or improperly | 18 | | equipped), 12-201(a)
(daytime lights on motorcycles), | 19 | | 12-202 (clearance, identification and
side marker lamps), | 20 | | 12-204 (lamp or flag on projecting load), 12-205
(failure | 21 | | to display the safety lights required), 12-401 | 22 | | (restrictions as
to tire equipment), 12-502 (mirrors), | 23 | | 12-503 (windshields must be
unobstructed and equipped with | 24 | | wipers), 12-601 (horns and warning
devices), 12-602 | 25 | | (mufflers, prevention of noise or smoke), 12-603 (seat
| 26 | | safety belts), 12-702 (certain vehicles to carry flares or |
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| 1 | | other warning
devices), 12-703 (vehicles for oiling roads | 2 | | operated on highways),
12-710 (splash guards and | 3 | | replacements), 13-101 (safety tests), 15-101
(size, weight | 4 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
| 5 | | and address on second division vehicles), 15-107 (length | 6 | | of vehicle),
15-109.1 (cover or tarpaulin), 15-111 | 7 | | (weights), 15-112 (weights), 15-301
(weights), 15-316 | 8 | | (weights), 15-318 (weights), and also excepting the | 9 | | following
enumerated Sections of the Chicago Municipal | 10 | | Code: Sections 27-245 (following
fire apparatus), 27-254 | 11 | | (obstruction of traffic), 27-258 (driving vehicle which
is | 12 | | in unsafe condition), 27-259 (coasting on downgrade), | 13 | | 27-264 (use of horns
and signal devices), 27-265 | 14 | | (obstruction to driver's view or driver mechanism),
27-267 | 15 | | (dimming of headlights), 27-268 (unattended motor | 16 | | vehicle), 27-272
(illegal funeral procession), 27-273 | 17 | | (funeral procession on boulevard), 27-275
(driving freight | 18 | | hauling vehicles on boulevard), 27-276 (stopping and | 19 | | standing
of buses or taxicabs), 27-277 (cruising of public | 20 | | passenger vehicles), 27-305
(parallel parking), 27-306 | 21 | | (diagonal parking), 27-307 (parking not to obstruct
| 22 | | traffic), 27-308 (stopping, standing or parking | 23 | | regulated), 27-311 (parking
regulations), 27-312 (parking | 24 | | regulations), 27-313 (parking regulations),
27-314 | 25 | | (parking regulations), 27-315 (parking regulations), | 26 | | 27-316 (parking
regulations), 27-317 (parking |
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| 1 | | regulations), 27-318 (parking regulations),
27-319 | 2 | | (parking regulations), 27-320 (parking regulations), | 3 | | 27-321 (parking
regulations), 27-322 (parking | 4 | | regulations), 27-324 (loading and
unloading at an angle), | 5 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions | 6 | | in the downtown district), 27-335 (load restrictions in
| 7 | | residential areas), 27-338 (width of vehicles), 27-339 | 8 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 | 9 | | (reflectors on trailers),
27-353 (mufflers), 27-354 | 10 | | (display of plates), 27-355 (display of city
vehicle tax | 11 | | sticker), 27-357 (identification of vehicles), 27-358
| 12 | | (projecting of loads), and also excepting the following | 13 | | enumerated
paragraphs of Section 2-201 of the Rules and | 14 | | Regulations of the Illinois
State Toll Highway Authority: | 15 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | 16 | | transporting dangerous cargo not properly indicated), it
| 17 | | shall be the duty of the clerk of the court in which such | 18 | | conviction is
had within 5 days thereafter to forward to | 19 | | the Secretary of State a report of
the conviction and the | 20 | | court may recommend the suspension of the driver's
license | 21 | | or permit of the person so convicted.
| 22 | | The reporting requirements of this subsection shall | 23 | | apply to all
violations stated in paragraphs (1) and (2) | 24 | | of this
subsection when the
individual has been | 25 | | adjudicated under the Juvenile Court Act or the
Juvenile | 26 | | Court Act of 1987. Such reporting requirements shall also |
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| 1 | | apply to
individuals adjudicated under the Juvenile Court | 2 | | Act or the Juvenile Court Act
of 1987 who have committed a | 3 | | violation of Section 11-501 of this Code, or
similar | 4 | | provision of a local ordinance, or Section 9-3 of the | 5 | | Criminal Code
of 1961 or the Criminal Code of 2012, | 6 | | relating to the offense of reckless homicide, or Section | 7 | | 5-7 of the Snowmobile Registration and Safety Act or | 8 | | Section 5-16 of the Boat Registration and Safety Act, | 9 | | relating to the offense of operating a snowmobile or a | 10 | | watercraft while under the influence of alcohol, other | 11 | | drug or drugs, intoxicating compound or compounds, or | 12 | | combination thereof.
These reporting requirements also | 13 | | apply to individuals adjudicated under the Juvenile Court | 14 | | Act of 1987 based on any offense determined to have been | 15 | | committed in furtherance of the criminal activities of an | 16 | | organized gang, as provided in Section 5-710 of that Act, | 17 | | if those activities involved the operation or use of a | 18 | | motor vehicle. It shall be the duty of the clerk of the | 19 | | court in which
adjudication is had within 5 days | 20 | | thereafter to forward to the Secretary of
State a report | 21 | | of the adjudication and the court order requiring the | 22 | | Secretary
of State to suspend the minor's driver's license | 23 | | and driving privilege for such
time as determined by the | 24 | | court, but only until he or she attains the age of 18
| 25 | | years. All juvenile court dispositions reported to the | 26 | | Secretary of State
under this provision shall be processed |
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| 1 | | by the Secretary of State as if the
cases had been | 2 | | adjudicated in traffic or criminal court. However, | 3 | | information
reported relative to the offense of reckless | 4 | | homicide, or Section 11-501 of
this Code, or a similar | 5 | | provision of a local ordinance, shall be privileged
and | 6 | | available only to the Secretary of State, courts, and | 7 | | police officers.
| 8 | | The reporting requirements of this subsection (a) | 9 | | apply to all violations listed in paragraphs (1) and (2) | 10 | | of this subsection (a), excluding parking violations, when | 11 | | the driver holds a CLP or CDL, regardless of the type of | 12 | | vehicle in which the violation occurred, or when any | 13 | | driver committed the violation in a commercial motor | 14 | | vehicle as defined in Section 6-500 of this Code.
| 15 | | (3) Whenever an order is entered vacating the | 16 | | forfeiture of any
bail,
security or bond given to secure | 17 | | appearance for any offense under this
Code or similar | 18 | | offenses under municipal ordinance, it shall be the duty
| 19 | | of the clerk of the court in which such vacation was had or | 20 | | the judge of
such court if such court has no clerk, within | 21 | | 5 days thereafter to
forward to the Secretary of State a | 22 | | report of the vacation.
| 23 | | (4) A report of any disposition of court supervision | 24 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a | 25 | | similar provision of a local ordinance,
11-503, 11-504, | 26 | | and 11-506 of this Code, Section 5-7 of the Snowmobile |
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| 1 | | Registration and Safety Act, and Section 5-16 of the Boat | 2 | | Registration and Safety Act shall be forwarded to the | 3 | | Secretary of State.
A report of any disposition of court | 4 | | supervision for a violation of an offense
defined as a | 5 | | serious traffic violation in this Code or a similar | 6 | | provision of a
local ordinance committed by a person under | 7 | | the age of 21 years shall be
forwarded to the Secretary of | 8 | | State.
| 9 | | (5) Reports of conviction
under this Code
and | 10 | | sentencing hearings under the
Juvenile Court
Act of 1987 | 11 | | in an electronic format
or a computer processible medium
| 12 | | shall
be
forwarded to the Secretary of State via the | 13 | | Supreme Court in the form and
format required by the | 14 | | Illinois Supreme Court and established by a written
| 15 | | agreement between the Supreme Court and the Secretary of | 16 | | State.
In counties with a population over 300,000, instead | 17 | | of forwarding reports to
the Supreme Court, reports of | 18 | | conviction
under this Code
and sentencing hearings under | 19 | | the
Juvenile Court Act of 1987 in an electronic format
or a | 20 | | computer processible medium
may
be forwarded to the | 21 | | Secretary of State by the Circuit Court Clerk in a form and
| 22 | | format required by the Secretary of State and established | 23 | | by written agreement
between the Circuit Court Clerk and | 24 | | the Secretary of State. Failure to
forward the reports of | 25 | | conviction or sentencing hearing under the Juvenile
Court | 26 | | Act of 1987 as required by this Section shall be
deemed an |
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| 1 | | omission of duty and it shall be the duty of the several | 2 | | State's
Attorneys to enforce the requirements of this | 3 | | Section.
| 4 | | (b) Whenever a restricted driving permit is forwarded to a | 5 | | court, as a
result of confiscation by a police officer | 6 | | pursuant to the authority in
Section 6-113(f), it shall be the | 7 | | duty of the clerk, or judge, if the court
has no clerk, to | 8 | | forward such restricted driving permit and a facsimile of
the | 9 | | officer's citation to the Secretary of State as expeditiously | 10 | | as
practicable.
| 11 | | (c) For the purposes of this Code, a forfeiture of bail or | 12 | | collateral
deposited to secure a defendant's appearance in | 13 | | court when forfeiture
has not been vacated, or the failure of a | 14 | | defendant to appear for trial
after depositing his driver's | 15 | | license in lieu of other bail, shall be
equivalent to a | 16 | | conviction.
| 17 | | (d) For the purpose of providing the Secretary of State | 18 | | with records
necessary to properly monitor and assess driver | 19 | | performance and assist the
courts in the proper disposition of | 20 | | repeat traffic law offenders, the clerk
of the court shall | 21 | | forward to the Secretary of State,
on a form prescribed
by the | 22 | | Secretary, records of a driver's participation in a driver | 23 | | remedial
or rehabilitative program which was required, through | 24 | | a court order or court
supervision, in relation to the | 25 | | driver's arrest for a violation of Section
11-501 of this Code | 26 | | or a similar provision of a local ordinance.
The clerk of the |
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| 1 | | court shall also forward to the Secretary, either on
paper or | 2 | | in an electronic format or a computer processible medium as | 3 | | required
under paragraph (5) of subsection (a) of this | 4 | | Section, any disposition
of court supervision for any traffic | 5 | | violation,
excluding those offenses listed in paragraph (2)
of | 6 | | subsection (a) of this Section.
These reports
shall be sent | 7 | | within 5
days after disposition, or, if
the driver is
referred | 8 | | to a driver
remedial or rehabilitative program, within 5 days | 9 | | of the driver's referral
to that program.
These reports | 10 | | received by the Secretary of State, including those required | 11 | | to
be forwarded under paragraph (a)(4), shall be privileged | 12 | | information, available
only (i) to the affected driver, (ii) | 13 | | to the parent or guardian of a person under the age of 18 years | 14 | | holding an instruction permit or a graduated driver's license, | 15 | | and (iii) for use by the courts, police
officers, prosecuting | 16 | | authorities, the Secretary of State, and the driver licensing | 17 | | administrator of any other state. In accordance with 49 C.F.R. | 18 | | Part 384, all reports of court supervision, except violations | 19 | | related to parking, shall be forwarded to the Secretary of | 20 | | State for all holders of a CLP or CDL or any driver who commits | 21 | | an offense while driving a commercial motor vehicle. These | 22 | | reports shall be recorded to the driver's record as a | 23 | | conviction for use in the disqualification of the driver's | 24 | | commercial motor vehicle privileges and shall not be | 25 | | privileged information.
| 26 | | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20 .)
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| 1 | | (Text of Section after amendment by P.A. 101-652 ) | 2 | | Sec. 6-204. When court to forward license and reports.
| 3 | | (a) For the purpose of providing to the Secretary of State | 4 | | the records
essential to the performance of the Secretary's | 5 | | duties under this Code to
cancel, revoke or suspend the | 6 | | driver's license and privilege to drive motor
vehicles of | 7 | | certain minors and of persons
found guilty of the criminal | 8 | | offenses or traffic violations
which this Code recognizes as | 9 | | evidence relating to unfitness to safely operate
motor | 10 | | vehicles, the following duties are imposed upon public | 11 | | officials:
| 12 | | (1) Whenever any person is convicted of any offense | 13 | | for which
this
Code makes mandatory the cancellation or | 14 | | revocation of the driver's
license or permit of such | 15 | | person by the Secretary of State, the judge of the
court in | 16 | | which such conviction is had shall require the surrender | 17 | | to the clerk
of the court of all driver's licenses or | 18 | | permits then held by the person so
convicted, and the | 19 | | clerk of the court shall, within 5 days thereafter, | 20 | | forward
the same, together with a report of such | 21 | | conviction, to the Secretary.
| 22 | | (2) Whenever any person is convicted of any offense | 23 | | under this
Code or
similar offenses under a municipal | 24 | | ordinance, other than regulations
governing standing, | 25 | | parking or weights of vehicles, and excepting the
|
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| 1 | | following enumerated Sections of this Code: Sections | 2 | | 11-1406 (obstruction
to driver's view or control), 11-1407 | 3 | | (improper opening of door into
traffic), 11-1410 (coasting | 4 | | on downgrade), 11-1411 (following fire
apparatus), | 5 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| 6 | | vehicle which is in unsafe condition or improperly | 7 | | equipped), 12-201(a)
(daytime lights on motorcycles), | 8 | | 12-202 (clearance, identification and
side marker lamps), | 9 | | 12-204 (lamp or flag on projecting load), 12-205
(failure | 10 | | to display the safety lights required), 12-401 | 11 | | (restrictions as
to tire equipment), 12-502 (mirrors), | 12 | | 12-503 (windshields must be
unobstructed and equipped with | 13 | | wipers), 12-601 (horns and warning
devices), 12-602 | 14 | | (mufflers, prevention of noise or smoke), 12-603 (seat
| 15 | | safety belts), 12-702 (certain vehicles to carry flares or | 16 | | other warning
devices), 12-703 (vehicles for oiling roads | 17 | | operated on highways),
12-710 (splash guards and | 18 | | replacements), 13-101 (safety tests), 15-101
(size, weight | 19 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
| 20 | | and address on second division vehicles), 15-107 (length | 21 | | of vehicle),
15-109.1 (cover or tarpaulin), 15-111 | 22 | | (weights), 15-112 (weights), 15-301
(weights), 15-316 | 23 | | (weights), 15-318 (weights), and also excepting the | 24 | | following
enumerated Sections of the Chicago Municipal | 25 | | Code: Sections 27-245 (following
fire apparatus), 27-254 | 26 | | (obstruction of traffic), 27-258 (driving vehicle which
is |
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| 1 | | in unsafe condition), 27-259 (coasting on downgrade), | 2 | | 27-264 (use of horns
and signal devices), 27-265 | 3 | | (obstruction to driver's view or driver mechanism),
27-267 | 4 | | (dimming of headlights), 27-268 (unattended motor | 5 | | vehicle), 27-272
(illegal funeral procession), 27-273 | 6 | | (funeral procession on boulevard), 27-275
(driving freight | 7 | | hauling vehicles on boulevard), 27-276 (stopping and | 8 | | standing
of buses or taxicabs), 27-277 (cruising of public | 9 | | passenger vehicles), 27-305
(parallel parking), 27-306 | 10 | | (diagonal parking), 27-307 (parking not to obstruct
| 11 | | traffic), 27-308 (stopping, standing or parking | 12 | | regulated), 27-311 (parking
regulations), 27-312 (parking | 13 | | regulations), 27-313 (parking regulations),
27-314 | 14 | | (parking regulations), 27-315 (parking regulations), | 15 | | 27-316 (parking
regulations), 27-317 (parking | 16 | | regulations), 27-318 (parking regulations),
27-319 | 17 | | (parking regulations), 27-320 (parking regulations), | 18 | | 27-321 (parking
regulations), 27-322 (parking | 19 | | regulations), 27-324 (loading and
unloading at an angle), | 20 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions | 21 | | in the downtown district), 27-335 (load restrictions in
| 22 | | residential areas), 27-338 (width of vehicles), 27-339 | 23 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 | 24 | | (reflectors on trailers),
27-353 (mufflers), 27-354 | 25 | | (display of plates), 27-355 (display of city
vehicle tax | 26 | | sticker), 27-357 (identification of vehicles), 27-358
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| 1 | | (projecting of loads), and also excepting the following | 2 | | enumerated
paragraphs of Section 2-201 of the Rules and | 3 | | Regulations of the Illinois
State Toll Highway Authority: | 4 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | 5 | | transporting dangerous cargo not properly indicated), it
| 6 | | shall be the duty of the clerk of the court in which such | 7 | | conviction is
had within 5 days thereafter to forward to | 8 | | the Secretary of State a report of
the conviction and the | 9 | | court may recommend the suspension of the driver's
license | 10 | | or permit of the person so convicted.
| 11 | | The reporting requirements of this subsection shall | 12 | | apply to all
violations stated in paragraphs (1) and (2) | 13 | | of this
subsection when the
individual has been | 14 | | adjudicated under the Juvenile Court Act or the
Juvenile | 15 | | Court Act of 1987. Such reporting requirements shall also | 16 | | apply to
individuals adjudicated under the Juvenile Court | 17 | | Act or the Juvenile Court Act
of 1987 who have committed a | 18 | | violation of Section 11-501 of this Code, or
similar | 19 | | provision of a local ordinance, or Section 9-3 of the | 20 | | Criminal Code
of 1961 or the Criminal Code of 2012, | 21 | | relating to the offense of reckless homicide, or Section | 22 | | 5-7 of the Snowmobile Registration and Safety Act or | 23 | | Section 5-16 of the Boat Registration and Safety Act, | 24 | | relating to the offense of operating a snowmobile or a | 25 | | watercraft while under the influence of alcohol, other | 26 | | drug or drugs, intoxicating compound or compounds, or |
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| 1 | | combination thereof.
These reporting requirements also | 2 | | apply to individuals adjudicated under the Juvenile Court | 3 | | Act of 1987 based on any offense determined to have been | 4 | | committed in furtherance of the criminal activities of an | 5 | | organized gang, as provided in Section 5-710 of that Act, | 6 | | if those activities involved the operation or use of a | 7 | | motor vehicle. It shall be the duty of the clerk of the | 8 | | court in which
adjudication is had within 5 days | 9 | | thereafter to forward to the Secretary of
State a report | 10 | | of the adjudication and the court order requiring the | 11 | | Secretary
of State to suspend the minor's driver's license | 12 | | and driving privilege for such
time as determined by the | 13 | | court, but only until he or she attains the age of 18
| 14 | | years. All juvenile court dispositions reported to the | 15 | | Secretary of State
under this provision shall be processed | 16 | | by the Secretary of State as if the
cases had been | 17 | | adjudicated in traffic or criminal court. However, | 18 | | information
reported relative to the offense of reckless | 19 | | homicide, or Section 11-501 of
this Code, or a similar | 20 | | provision of a local ordinance, shall be privileged
and | 21 | | available only to the Secretary of State, courts, and | 22 | | police officers.
| 23 | | The reporting requirements of this subsection (a) | 24 | | apply to all violations listed in paragraphs (1) and (2) | 25 | | of this subsection (a), excluding parking violations, when | 26 | | the driver holds a CLP or CDL, regardless of the type of |
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| 1 | | vehicle in which the violation occurred, or when any | 2 | | driver committed the violation in a commercial motor | 3 | | vehicle as defined in Section 6-500 of this Code.
| 4 | | (2.5) Whenever a person is charged with aggravated use | 5 | | of a wireless telephone resulting in the death of another | 6 | | person under subsection (b-5) or (e-5) of
Section | 7 | | 12-610.1, after an indictment has been returned by a grand | 8 | | jury, or following a hearing pursuant to Section 109-3 of | 9 | | the Code of Criminal Procedure of 1963 after which a judge | 10 | | finds there is probable cause to believe a person has | 11 | | committed one of the offenses, or the person has waived a | 12 | | preliminary hearing, it shall be the duty of the clerk of | 13 | | court in which the indictment, finding of probable cause, | 14 | | or waiver was entered, within 5 days thereafter, to | 15 | | forward to the Secretary of State a report of the | 16 | | indictment, finding of probable cause, or waiver. | 17 | | (3) Whenever an order is entered vacating the | 18 | | conditions of pretrial release given to secure appearance | 19 | | for any offense under this
Code or similar offenses under | 20 | | municipal ordinance, it shall be the duty
of the clerk of | 21 | | the court in which such vacation was had or the judge of
| 22 | | such court if such court has no clerk, within 5 days | 23 | | thereafter to
forward to the Secretary of State a report | 24 | | of the vacation.
| 25 | | (4) A report of any disposition of court supervision | 26 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a |
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| 1 | | similar provision of a local ordinance,
11-503, 11-504, | 2 | | and 11-506 of this Code, Section 5-7 of the Snowmobile | 3 | | Registration and Safety Act, and Section 5-16 of the Boat | 4 | | Registration and Safety Act shall be forwarded to the | 5 | | Secretary of State.
A report of any disposition of court | 6 | | supervision for a violation of an offense
defined as a | 7 | | serious traffic violation in this Code or a similar | 8 | | provision of a
local ordinance committed by a person under | 9 | | the age of 21 years shall be
forwarded to the Secretary of | 10 | | State.
| 11 | | (5) Reports of conviction
under this Code
and | 12 | | sentencing hearings under the
Juvenile Court
Act of 1987 | 13 | | in an electronic format
or a computer processible medium
| 14 | | shall
be
forwarded to the Secretary of State via the | 15 | | Supreme Court in the form and
format required by the | 16 | | Illinois Supreme Court and established by a written
| 17 | | agreement between the Supreme Court and the Secretary of | 18 | | State.
In counties with a population over 300,000, instead | 19 | | of forwarding reports to
the Supreme Court, reports of | 20 | | conviction
under this Code
and sentencing hearings under | 21 | | the
Juvenile Court Act of 1987 in an electronic format
or a | 22 | | computer processible medium
may
be forwarded to the | 23 | | Secretary of State by the Circuit Court Clerk in a form and
| 24 | | format required by the Secretary of State and established | 25 | | by written agreement
between the Circuit Court Clerk and | 26 | | the Secretary of State. Failure to
forward the reports of |
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| 1 | | conviction or sentencing hearing under the Juvenile
Court | 2 | | Act of 1987 as required by this Section shall be
deemed an | 3 | | omission of duty and it shall be the duty of the several | 4 | | State's
Attorneys to enforce the requirements of this | 5 | | Section.
| 6 | | (b) Whenever a restricted driving permit is forwarded to a | 7 | | court, as a
result of confiscation by a police officer | 8 | | pursuant to the authority in
Section 6-113(f), it shall be the | 9 | | duty of the clerk, or judge, if the court
has no clerk, to | 10 | | forward such restricted driving permit and a facsimile of
the | 11 | | officer's citation to the Secretary of State as expeditiously | 12 | | as
practicable.
| 13 | | (c) For the purposes of this Code, a violation of the | 14 | | conditions of pretrial release when the conditions of pretrial | 15 | | release have not been vacated, or the failure of a defendant to | 16 | | appear for trial
after depositing his driver's license in lieu | 17 | | of other bail, shall be
equivalent to a conviction.
| 18 | | (d) For the purpose of providing the Secretary of State | 19 | | with records
necessary to properly monitor and assess driver | 20 | | performance and assist the
courts in the proper disposition of | 21 | | repeat traffic law offenders, the clerk
of the court shall | 22 | | forward to the Secretary of State,
on a form prescribed
by the | 23 | | Secretary, records of a driver's participation in a driver | 24 | | remedial
or rehabilitative program which was required, through | 25 | | a court order or court
supervision, in relation to the | 26 | | driver's arrest for a violation of Section
11-501 of this Code |
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| 1 | | or a similar provision of a local ordinance.
The clerk of the | 2 | | court shall also forward to the Secretary, either on
paper or | 3 | | in an electronic format or a computer processible medium as | 4 | | required
under paragraph (5) of subsection (a) of this | 5 | | Section, any disposition
of court supervision for any traffic | 6 | | violation,
excluding those offenses listed in paragraph (2)
of | 7 | | subsection (a) of this Section.
These reports
shall be sent | 8 | | within 5
days after disposition, or, if
the driver is
referred | 9 | | to a driver
remedial or rehabilitative program, within 5 days | 10 | | of the driver's referral
to that program.
These reports | 11 | | received by the Secretary of State, including those required | 12 | | to
be forwarded under paragraph (a)(4), shall be privileged | 13 | | information, available
only (i) to the affected driver, (ii) | 14 | | to the parent or guardian of a person under the age of 18 years | 15 | | holding an instruction permit or a graduated driver's license, | 16 | | and (iii) for use by the courts, police
officers, prosecuting | 17 | | authorities, the Secretary of State, and the driver licensing | 18 | | administrator of any other state. In accordance with 49 C.F.R. | 19 | | Part 384, all reports of court supervision, except violations | 20 | | related to parking, shall be forwarded to the Secretary of | 21 | | State for all holders of a CLP or CDL or any driver who commits | 22 | | an offense while driving a commercial motor vehicle. These | 23 | | reports shall be recorded to the driver's record as a | 24 | | conviction for use in the disqualification of the driver's | 25 | | commercial motor vehicle privileges and shall not be | 26 | | privileged information.
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| 1 | | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20; | 2 | | 101-652, eff. 1-1-23.)
| 3 | | (625 ILCS 5/12-610.1) | 4 | | Sec. 12-610.1. Wireless telephones. | 5 | | (a) As used in this Section, "wireless telephone" means
a | 6 | | device that is capable of transmitting or receiving
telephonic | 7 | | communications without a wire connecting the
device to the | 8 | | telephone network. | 9 | | (b) A person under the age of 19 years who holds an | 10 | | instruction permit issued under Section 6-105 or 6-107.1, or a | 11 | | person under the age of 19 years who holds a graduated license | 12 | | issued under Section 6-107, may not drive a vehicle on a | 13 | | roadway while using a wireless phone.
| 14 | | (b-5) A person under the age of 19 commits aggravated use | 15 | | of a wireless telephone when he or she violates subsection (b) | 16 | | and in committing the violation he or she was involved in a | 17 | | motor vehicle accident that results in great bodily harm, | 18 | | permanent disability, disfigurement, or death to another and | 19 | | the violation was a proximate cause of the injury or death. | 20 | | (c) This Section does not apply to a person under the age | 21 | | of 19 years using a
wireless telephone for emergency purposes, | 22 | | including, but not
limited to, an emergency call to a law | 23 | | enforcement agency,
health care provider, fire department, or | 24 | | other emergency
services agency or entity.
| 25 | | (d) If a graduated driver's license holder over the age of |
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| 1 | | 18 committed an offense against traffic regulations governing | 2 | | the movement of vehicles or any violation of Section 6-107 or | 3 | | Section 12-603.1 of this Code in the 6 months prior to the | 4 | | graduated driver's license holder's 18th birthday, and was | 5 | | subsequently convicted of the violation, the provisions of | 6 | | paragraph (b) shall continue to apply until such time as a | 7 | | period of 6 consecutive months has elapsed without an | 8 | | additional violation and subsequent conviction of an offense | 9 | | against traffic regulations governing the movement of vehicles | 10 | | or any violation of Section 6-107 or Section 12-603.1 of this | 11 | | Code.
| 12 | | (e) A person, regardless of age, may not use a wireless
| 13 | | telephone at any time while operating a motor vehicle on a | 14 | | roadway in a school speed
zone established under Section | 15 | | 11-605, on a highway in a construction or
maintenance speed | 16 | | zone established under Section 11-605.1, or within 500 feet of | 17 | | an emergency scene. As used in this Section, "emergency scene" | 18 | | means a location where an authorized emergency vehicle as | 19 | | defined by Section 1-105 of this Code is
present and has | 20 | | activated its oscillating, rotating, or flashing lights.
This | 21 | | subsection (e) does not apply to (i) a person engaged in a
| 22 | | highway construction or maintenance project for which a
| 23 | | construction or maintenance speed zone has been established
| 24 | | under Section 11-605.1, (ii) a person using a wireless
| 25 | | telephone for emergency purposes, including, but not limited | 26 | | to,
law enforcement agency, health care provider, fire |
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| 1 | | department, or other emergency services agency or entity, | 2 | | (iii) a law enforcement officer or operator of an emergency | 3 | | vehicle when performing the officer's or operator's official | 4 | | duties, (iv) a person using a wireless telephone in | 5 | | voice-operated mode, which may include the use of a headset, | 6 | | (v) a person using a wireless telephone by pressing a single | 7 | | button to initiate or terminate a voice communication, or (vi) | 8 | | a person using an electronic communication device for the sole | 9 | | purpose of reporting an emergency situation and continued | 10 | | communication with emergency personnel during the emergency | 11 | | situation. | 12 | | (e-5) A person commits aggravated use of a wireless | 13 | | telephone when he or she violates subsection (e) and in | 14 | | committing the violation he or she was involved in a motor | 15 | | vehicle accident that results in great bodily harm, permanent | 16 | | disability, disfigurement, or death to another and the | 17 | | violation was a proximate cause of the injury or death. | 18 | | (f) A person convicted of violating subsection (b-5) or | 19 | | (e-5) commits a Class A misdemeanor if the violation resulted | 20 | | in great bodily harm, permanent disability, or disfigurement | 21 | | to another. A person convicted of violating subsection (b-5) | 22 | | or (e-5) commits a Class 4 felony if the violation resulted in | 23 | | the death of another person. | 24 | | (g) The Secretary of State shall suspend the driver's | 25 | | license issued to a person charged with aggravated use of a | 26 | | wireless telephone resulting in the death of another person |
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| 1 | | under subsection (b-5) or (e-5) of this Section, immediately | 2 | | after: an indictment has been returned by a grand jury; | 3 | | following a hearing pursuant to Section 109-3 of the Code of | 4 | | Criminal Procedure of 1963 after which a judge finds there is | 5 | | probable cause to believe the person has committed one of the | 6 | | offenses; or the person has waived a preliminary hearing. The | 7 | | suspension shall remain in effect until the case is resolved | 8 | | by a sentencing hearing, a dismissal of the charge, or an entry | 9 | | of a not guilty verdict. The Secretary of State shall revoke | 10 | | the driver's license issued to a person convicted of | 11 | | aggravated use of a wireless telephone resulting in death | 12 | | under subsection (b-5) or (e-5) for not less than 3 years, | 13 | | commencing on the date of the person's sentencing hearing. | 14 | | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; | 15 | | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act. |
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