Illinois General Assembly - Full Text of SB3452
Illinois General Assembly

Previous General Assemblies

Full Text of SB3452  97th General Assembly




SB3452 EnrolledLRB097 15085 HEP 60180 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 2-111, 3-400, 3-413, 6-205, 6-206, 11-204.1, 11-1302,
611-1403, 11-1403.2, and 12-208 as follows:
7    (625 ILCS 5/2-111)  (from Ch. 95 1/2, par. 2-111)
8    Sec. 2-111. Seizure or confiscation of documents and
10    (a) The Secretary of State is authorized to take possession
11of any certificate of title, registration card, permit,
12license, registration plate, plates, disability license plate
13or parking decal or device, or registration sticker issued by
14him upon expiration, revocation, cancellation or suspension
15thereof, or which is fictitious, or which has been unlawfully
16or erroneously issued. Police officers who have reasonable
17grounds to believe that any item or items listed in this
18Section should be seized shall take possession of the items and
19return them or cause them to be returned to request the
20Secretary of State to take possession of such item or items.
21    (b) The Secretary of State is authorized to confiscate any
22suspected fraudulent, fictitious, or altered documents
23submitted by an applicant in support of an application for a



SB3452 Enrolled- 2 -LRB097 15085 HEP 60180 b

1driver's license or permit.
2(Source: P.A. 93-895, eff. 1-1-05; 94-619, eff. 1-1-06.)
3    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
4    Sec. 3-400. Definition. Notwithstanding the definition set
5forth in Chapter 1 of this Act, for the purposes of this
6Article, the following words shall have the meaning ascribed to
7them as follows:
8    "Apportionable Fee" means any periodic recurring fee
9required for licensing or registering vehicles, such as, but
10not limited to, registration fees, license or weight fees.
11    "Apportionable Vehicle" means any vehicle, except
12recreational vehicles, vehicles displaying restricted plates,
13city pickup and delivery vehicles, buses used in transportation
14of chartered parties, and government owned vehicles that are
15used or intended for use in 2 or more member jurisdictions that
16allocate or proportionally register vehicles, in a fleet which
17is used for the transportation of persons for hire or the
18transportation of property and which has a gross vehicle weight
19in excess of 26,000 pounds; or has three or more axles
20regardless of weight; or is used in combination when the weight
21of such combination exceeds 26,000 pounds gross vehicle weight.
22Vehicles, or combinations having a gross vehicle weight of
2326,000 pounds or less and two-axle vehicles may be
24proportionally registered at the option of such owner.
25    "Base Jurisdiction" means, for purposes of fleet



SB3452 Enrolled- 3 -LRB097 15085 HEP 60180 b

1registration, the jurisdiction where the registrant has an
2established place of business, where operational records of the
3fleet are maintained and where mileage is accrued by the fleet.
4In case a registrant operates more than one fleet, and
5maintains records for each fleet in different places, the "base
6jurisdiction" for a fleet shall be the jurisdiction where an
7established place of business is maintained, where records of
8the operation of that fleet are maintained and where mileage is
9accrued by that fleet.
10    "Operational Records" means documents supporting miles
11traveled in each jurisdiction and total miles traveled, such as
12fuel reports, trip leases, and logs.
13    Owner. A person who holds legal title of a motor vehicle,
14or in the event a motor vehicle is the subject of an agreement
15for the conditional sale or lease thereof with the right of
16purchase upon performance of the conditions stated in the
17agreement and with an immediate right of possession vested in
18the conditional vendee or lessee with right of purchase, or in
19the event a mortgagor of such motor vehicle is entitled to
20possession, or in the event a lessee of such motor vehicle is
21entitled to possession or control, then such conditional vendee
22or lessee with right of purchase or mortgagor or lessee is
23considered to be the owner for the purpose of this Act.
24    "Registration plate cover" means any tinted, colored,
25painted, marked, clear, or illuminated object that is designed
26to (i) cover any of the characters of a motor vehicle's



SB3452 Enrolled- 4 -LRB097 15085 HEP 60180 b

1registration plate; or (ii) distort a recorded image of any of
2the characters of a motor vehicle's registration plate recorded
3by an automated enforcement system as defined in Section
411-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an
5automated traffic control system as defined in Section 15 of
6the Automated Traffic Control Systems in Highway Construction
7or Maintenance Zones Act.
8    "Rental Owner" means an owner principally engaged, with
9respect to one or more rental fleets, in renting to others or
10offering for rental the vehicles of such fleets, without
12    "Restricted Plates" shall include but are not limited to
13dealer, manufacturer, transporter, farm, repossessor, and
14permanently mounted type plates. Vehicles displaying any of
15these type plates from a foreign jurisdiction that is a member
16of the International Registration Plan shall be granted
17reciprocity but shall be subject to the same limitations as
18similar plated Illinois registered vehicles.
19(Source: P.A. 89-571, eff. 7-26-96; 90-89, eff. 1-1-98.)
20    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
21    Sec. 3-413. Display of registration plates, registration
22stickers, and drive-away permits; registration plate covers.
23    (a) Registration plates issued for a motor vehicle other
24than a motorcycle, trailer, semitrailer, truck-tractor,
25apportioned bus, or apportioned truck shall be attached



SB3452 Enrolled- 5 -LRB097 15085 HEP 60180 b

1thereto, one in the front and one in the rear. The registration
2plate issued for a motorcycle, trailer or semitrailer required
3to be registered hereunder and any apportionment plate issued
4to a bus under the provisions of this Code shall be attached to
5the rear thereof. The registration plate issued for a
6truck-tractor or an apportioned truck required to be registered
7hereunder shall be attached to the front thereof.
8    (b) Every registration plate shall at all times be securely
9fastened in a horizontal position to the vehicle for which it
10is issued so as to prevent the plate from swinging and at a
11height of not less than 5 inches from the ground, measuring
12from the bottom of such plate, in a place and position to be
13clearly visible and shall be maintained in a condition to be
14clearly legible, free from any materials that would obstruct
15the visibility of the plate, including, but not limited to,
16glass covers and plastic covers. A registration plate on a
17motorcycle may be mounted vertically as long as it is otherwise
18clearly visible. Registration stickers issued as evidence of
19renewed annual registration shall be attached to registration
20plates as required by the Secretary of State, and be clearly
21visible at all times.
22    (c) Every drive-away permit issued pursuant to this Code
23shall be firmly attached to the motor vehicle in the manner
24prescribed by the Secretary of State. If a drive-away permit is
25affixed to a motor vehicle in any other manner the permit shall
26be void and of no effect.



SB3452 Enrolled- 6 -LRB097 15085 HEP 60180 b

1    (d) The Illinois prorate decal issued to a foreign
2registered vehicle part of a fleet prorated or apportioned with
3Illinois, shall be displayed on a registration plate and
4displayed on the front of such vehicle in the same manner as an
5Illinois registration plate.
6    (e) The registration plate issued for a camper body mounted
7on a truck displaying registration plates shall be attached to
8the rear of the camper body.
9    (f) No person shall operate a vehicle, nor permit the
10operation of a vehicle, upon which is displayed an Illinois
11registration plate, plates or registration stickers after the
12termination of the registration period for which issued or
13after the expiration date set pursuant to Sections 3-414 and
143-414.1 of this Code.
15    (g) A person may not operate any motor vehicle that is
16equipped with registration plate covers. A violation of this
17subsection (g) or a similar provision of a local ordinance is
18an offense against laws and ordinances regulating the movement
19of traffic.
20    (h) A person may not sell or offer for sale a registration
21plate cover. A violation of this subsection (h) is a business
23    (i) A person may not advertise for the purpose of promoting
24the sale of registration plate covers. A violation of this
25subsection (i) is a business offense.
26    (j) A person may not modify the original manufacturer's



SB3452 Enrolled- 7 -LRB097 15085 HEP 60180 b

1mounting location of the rear registration plate on any vehicle
2so as to conceal the registration or to knowingly cause it to
3be obstructed in an effort to hinder a peace officer from
4obtaining the registration for the enforcement of a violation
5of this Code, Section 27.1 of the Toll Highway Act concerning
6toll evasion, or any municipal ordinance. Modifications
7prohibited by this subsection (j) include but are not limited
8to the use of an electronic device. A violation of this
9subsection (j) is a Class A misdemeanor.
10(Source: P.A. 95-29, eff. 6-1-08; 95-331, eff. 8-21-07.)
11    (625 ILCS 5/6-206)
12    Sec. 6-206. Discretionary authority to suspend or revoke
13license or permit; Right to a hearing.
14    (a) The Secretary of State is authorized to suspend or
15revoke the driving privileges of any person without preliminary
16hearing upon a showing of the person's records or other
17sufficient evidence that the person:
18        1. Has committed an offense for which mandatory
19    revocation of a driver's license or permit is required upon
20    conviction;
21        2. Has been convicted of not less than 3 offenses
22    against traffic regulations governing the movement of
23    vehicles committed within any 12 month period. No
24    revocation or suspension shall be entered more than 6
25    months after the date of last conviction;



SB3452 Enrolled- 8 -LRB097 15085 HEP 60180 b

1        3. Has been repeatedly involved as a driver in motor
2    vehicle collisions or has been repeatedly convicted of
3    offenses against laws and ordinances regulating the
4    movement of traffic, to a degree that indicates lack of
5    ability to exercise ordinary and reasonable care in the
6    safe operation of a motor vehicle or disrespect for the
7    traffic laws and the safety of other persons upon the
8    highway;
9        4. Has by the unlawful operation of a motor vehicle
10    caused or contributed to an accident resulting in injury
11    requiring immediate professional treatment in a medical
12    facility or doctor's office to any person, except that any
13    suspension or revocation imposed by the Secretary of State
14    under the provisions of this subsection shall start no
15    later than 6 months after being convicted of violating a
16    law or ordinance regulating the movement of traffic, which
17    violation is related to the accident, or shall start not
18    more than one year after the date of the accident,
19    whichever date occurs later;
20        5. Has permitted an unlawful or fraudulent use of a
21    driver's license, identification card, or permit;
22        6. Has been lawfully convicted of an offense or
23    offenses in another state, including the authorization
24    contained in Section 6-203.1, which if committed within
25    this State would be grounds for suspension or revocation;
26        7. Has refused or failed to submit to an examination



SB3452 Enrolled- 9 -LRB097 15085 HEP 60180 b

1    provided for by Section 6-207 or has failed to pass the
2    examination;
3        8. Is ineligible for a driver's license or permit under
4    the provisions of Section 6-103;
5        9. Has made a false statement or knowingly concealed a
6    material fact or has used false information or
7    identification in any application for a license,
8    identification card, or permit;
9        10. Has possessed, displayed, or attempted to
10    fraudulently use any license, identification card, or
11    permit not issued to the person;
12        11. Has operated a motor vehicle upon a highway of this
13    State when the person's driving privilege or privilege to
14    obtain a driver's license or permit was revoked or
15    suspended unless the operation was authorized by a
16    monitoring device driving permit, judicial driving permit
17    issued prior to January 1, 2009, probationary license to
18    drive, or a restricted driving permit issued under this
19    Code;
20        12. Has submitted to any portion of the application
21    process for another person or has obtained the services of
22    another person to submit to any portion of the application
23    process for the purpose of obtaining a license,
24    identification card, or permit for some other person;
25        13. Has operated a motor vehicle upon a highway of this
26    State when the person's driver's license or permit was



SB3452 Enrolled- 10 -LRB097 15085 HEP 60180 b

1    invalid under the provisions of Sections 6-107.1 and 6-110;
2        14. Has committed a violation of Section 6-301,
3    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
4    of the Illinois Identification Card Act;
5        15. Has been convicted of violating Section 21-2 of the
6    Criminal Code of 1961 relating to criminal trespass to
7    vehicles in which case, the suspension shall be for one
8    year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. Has, since issuance of a driver's license or
16    permit, been adjudged to be afflicted with or suffering
17    from any mental disability or disease;
18        19. Has committed a violation of paragraph (a) or (b)
19    of Section 6-101 relating to driving without a driver's
20    license;
21        20. Has been convicted of violating Section 6-104
22    relating to classification of driver's license;
23        21. Has been convicted of violating Section 11-402 of
24    this Code relating to leaving the scene of an accident
25    resulting in damage to a vehicle in excess of $1,000, in
26    which case the suspension shall be for one year;



SB3452 Enrolled- 11 -LRB097 15085 HEP 60180 b

1        22. Has used a motor vehicle in violating paragraph
2    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3    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 a
7    violation of paragraph (a) of Section 11-502 of this Code
8    for a second or subsequent time within one year of a
9    similar violation;
10        24. Has been convicted by a court-martial or punished
11    by non-judicial punishment by military authorities of the
12    United States at a military installation in Illinois of or
13    for a traffic related offense that is the same as or
14    similar to an offense specified under Section 6-205 or
15    6-206 of this Code;
16        25. Has permitted any form of identification to be used
17    by another in the application process in order to obtain or
18    attempt to obtain a license, identification card, or
19    permit;
20        26. Has altered or attempted to alter a license or has
21    possessed an altered license, identification card, or
22    permit;
23        27. Has violated Section 6-16 of the Liquor Control Act
24    of 1934;
25        28. Has been convicted of the illegal possession, while
26    operating or in actual physical control, as a driver, of a



SB3452 Enrolled- 12 -LRB097 15085 HEP 60180 b

1    motor vehicle, of any controlled substance prohibited
2    under the Illinois Controlled Substances Act, any cannabis
3    prohibited under the Cannabis Control Act, or any
4    methamphetamine prohibited under the Methamphetamine
5    Control and Community Protection Act, in which case the
6    person's driving privileges shall be suspended for one
7    year, and any driver who is convicted of a second or
8    subsequent offense, within 5 years of a previous
9    conviction, for the illegal possession, while operating or
10    in actual physical control, as a driver, of a motor
11    vehicle, of any controlled substance prohibited under the
12    Illinois Controlled Substances Act, any cannabis
13    prohibited under the Cannabis Control Act, or any
14    methamphetamine prohibited under the Methamphetamine
15    Control and Community Protection Act shall be suspended for
16    5 years. Any defendant found guilty of this offense while
17    operating a motor vehicle, shall have an entry made in the
18    court record by the presiding judge that this offense did
19    occur while the defendant was operating a motor vehicle and
20    order the clerk of the court to report the violation to the
21    Secretary of State;
22        29. Has been convicted of the following offenses that
23    were committed while the person was operating or in actual
24    physical control, as a driver, of a motor vehicle: criminal
25    sexual assault, predatory criminal sexual assault of a
26    child, aggravated criminal sexual assault, criminal sexual



SB3452 Enrolled- 13 -LRB097 15085 HEP 60180 b

1    abuse, aggravated criminal sexual abuse, juvenile pimping,
2    soliciting for a juvenile prostitute, promoting juvenile
3    prostitution as described in subdivision (a)(1), (a)(2),
4    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
5    and the manufacture, sale or delivery of controlled
6    substances or instruments used for illegal drug use or
7    abuse in which case the driver's driving privileges shall
8    be suspended for one 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



SB3452 Enrolled- 14 -LRB097 15085 HEP 60180 b

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;



SB3452 Enrolled- 15 -LRB097 15085 HEP 60180 b

1        41. Has committed a second or subsequent violation of
2    Section 11-605.1 of this Code, a similar provision of a
3    local ordinance, or a similar violation in any other state
4    within 2 years of the date of the previous violation, in
5    which case the suspension shall be for 90 days;
6        42. Has committed a violation of subsection (a-1) of
7    Section 11-1301.3 of this Code;
8        43. Has received a disposition of court supervision for
9    a violation of subsection (a), (d), or (e) of Section 6-20
10    of the Liquor Control Act of 1934 or a similar provision of
11    a local ordinance, in which case the suspension shall be
12    for a period of 3 months;
13        44. Is under the age of 21 years at the time of arrest
14    and has been convicted of an offense against traffic
15    regulations governing the movement of vehicles after
16    having previously had his or her driving privileges
17    suspended or revoked pursuant to subparagraph 36 of this
18    Section; or
19        45. Has, in connection with or during the course of a
20    formal hearing conducted under Section 2-118 of this Code:
21    (i) committed perjury; (ii) submitted fraudulent or
22    falsified documents; (iii) submitted documents that have
23    been materially altered; or (iv) submitted, as his or her
24    own, documents that were in fact prepared or composed for
25    another person; or .
26        46. Has committed a violation of subsection (j) of



SB3452 Enrolled- 16 -LRB097 15085 HEP 60180 b

1    Section 3-413 of this Code.
2    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
3and 27 of this subsection, license means any driver's license,
4any traffic ticket issued when the person's driver's license is
5deposited in lieu of bail, a suspension notice issued by the
6Secretary of State, a duplicate or corrected driver's license,
7a probationary driver's license or a temporary driver's
9    (b) If any conviction forming the basis of a suspension or
10revocation authorized under this Section is appealed, the
11Secretary of State may rescind or withhold the entry of the
12order of suspension or revocation, as the case may be, provided
13that a certified copy of a stay order of a court is filed with
14the Secretary of State. If the conviction is affirmed on
15appeal, the date of the conviction shall relate back to the
16time the original judgment of conviction was entered and the 6
17month limitation prescribed shall not apply.
18    (c) 1. Upon suspending or revoking the driver's license or
19permit of any person as authorized in this Section, the
20Secretary of State shall immediately notify the person in
21writing of the revocation or suspension. The notice to be
22deposited in the United States mail, postage prepaid, to the
23last known address of the person.
24        2. If the Secretary of State suspends the driver's
25    license of a person under subsection 2 of paragraph (a) of
26    this Section, a person's privilege to operate a vehicle as



SB3452 Enrolled- 17 -LRB097 15085 HEP 60180 b

1    an occupation shall not be suspended, provided an affidavit
2    is properly completed, the appropriate fee received, and a
3    permit issued prior to the effective date of the
4    suspension, unless 5 offenses were committed, at least 2 of
5    which occurred while operating a commercial vehicle in
6    connection with the driver's regular occupation. All other
7    driving privileges shall be suspended by the Secretary of
8    State. Any driver prior to operating a vehicle for
9    occupational purposes only must submit the affidavit on
10    forms to be provided by the Secretary of State setting
11    forth the facts of the person's occupation. The affidavit
12    shall also state the number of offenses committed while
13    operating a vehicle in connection with the driver's regular
14    occupation. The affidavit shall be accompanied by the
15    driver's license. Upon receipt of a properly completed
16    affidavit, the Secretary of State shall issue the driver a
17    permit to operate a vehicle in connection with the driver's
18    regular occupation only. Unless the permit is issued by the
19    Secretary of State prior to the date of suspension, the
20    privilege to drive any motor vehicle shall be suspended as
21    set forth in the notice that was mailed under this Section.
22    If an affidavit is received subsequent to the effective
23    date of this suspension, a permit may be issued for the
24    remainder of the suspension period.
25        The provisions of this subparagraph shall not apply to
26    any driver required to possess a CDL for the purpose of



SB3452 Enrolled- 18 -LRB097 15085 HEP 60180 b

1    operating a commercial motor vehicle.
2        Any person who falsely states any fact in the affidavit
3    required herein shall be guilty of perjury under Section
4    6-302 and upon conviction thereof shall have all driving
5    privileges revoked without further rights.
6        3. At the conclusion of a hearing under Section 2-118
7    of this Code, the Secretary of State shall either rescind
8    or continue an order of revocation or shall substitute an
9    order of suspension; or, good cause appearing therefor,
10    rescind, continue, change, or extend the order of
11    suspension. If the Secretary of State does not rescind the
12    order, the Secretary may upon application, to relieve undue
13    hardship (as defined by the rules of the Secretary of
14    State), issue a restricted driving permit granting the
15    privilege of driving a motor vehicle between the
16    petitioner's residence and petitioner's place of
17    employment or within the scope of the petitioner's
18    employment related duties, or to allow the petitioner to
19    transport himself or herself, or a family member of the
20    petitioner's household to a medical facility, to receive
21    necessary medical care, to allow the petitioner to
22    transport himself or herself to and from alcohol or drug
23    remedial or rehabilitative activity recommended by a
24    licensed service provider, or to allow the petitioner to
25    transport himself or herself or a family member of the
26    petitioner's household to classes, as a student, at an



SB3452 Enrolled- 19 -LRB097 15085 HEP 60180 b

1    accredited educational institution, or to allow the
2    petitioner to transport children, elderly persons, or
3    disabled persons who do not hold driving privileges and are
4    living in the petitioner's household to and from daycare.
5    The petitioner must demonstrate that no alternative means
6    of transportation is reasonably available and that the
7    petitioner will not endanger the public safety or welfare.
8    Those multiple offenders identified in subdivision (b)4 of
9    Section 6-208 of this Code, however, shall not be eligible
10    for the issuance of a restricted driving permit.
11             (A) If a person's license or permit is revoked or
12        suspended due to 2 or more convictions of violating
13        Section 11-501 of this Code or a similar provision of a
14        local ordinance or a similar out-of-state offense, or
15        Section 9-3 of the Criminal Code of 1961, where the use
16        of alcohol or other drugs is recited as an element of
17        the offense, or a similar out-of-state offense, or a
18        combination of these offenses, arising out of separate
19        occurrences, that person, if issued a restricted
20        driving permit, may not operate a vehicle unless it has
21        been equipped with an ignition interlock device as
22        defined in Section 1-129.1.
23            (B) If a person's license or permit is revoked or
24        suspended 2 or more times within a 10 year period due
25        to any combination of:
26                (i) a single conviction of violating Section



SB3452 Enrolled- 20 -LRB097 15085 HEP 60180 b

1            11-501 of this Code or a similar provision of a
2            local ordinance or a similar out-of-state offense
3            or Section 9-3 of the Criminal Code of 1961, where
4            the use of alcohol or other drugs is recited as an
5            element of the offense, or a similar out-of-state
6            offense; or
7                (ii) a statutory summary suspension or
8            revocation under Section 11-501.1; or
9                (iii) a suspension under Section 6-203.1;
10        arising out of separate occurrences; that person, if
11        issued a restricted driving permit, may not operate a
12        vehicle unless it has been equipped with an ignition
13        interlock device as defined in Section 1-129.1.
14            (C) The person issued a permit conditioned upon the
15        use of an ignition interlock device must pay to the
16        Secretary of State DUI Administration Fund an amount
17        not to exceed $30 per month. The Secretary shall
18        establish by rule the amount and the procedures, terms,
19        and conditions relating to these fees.
20            (D) If the restricted driving permit is issued for
21        employment purposes, then the prohibition against
22        operating a motor vehicle that is not equipped with an
23        ignition interlock device does not apply to the
24        operation of an occupational vehicle owned or leased by
25        that person's employer when used solely for employment
26        purposes.



SB3452 Enrolled- 21 -LRB097 15085 HEP 60180 b

1            (E) In each case the Secretary may issue a
2        restricted driving permit for a period deemed
3        appropriate, except that all permits shall expire
4        within one year from the date of issuance. The
5        Secretary may not, however, issue a restricted driving
6        permit to any person whose current revocation is the
7        result of a second or subsequent conviction for a
8        violation of Section 11-501 of this Code or a similar
9        provision of a local ordinance or any similar
10        out-of-state offense, or Section 9-3 of the Criminal
11        Code of 1961, where the use of alcohol or other drugs
12        is recited as an element of the offense, or any similar
13        out-of-state offense, or any combination of those
14        offenses, until the expiration of at least one year
15        from the date of the revocation. A restricted driving
16        permit issued under this Section shall be subject to
17        cancellation, revocation, and suspension by the
18        Secretary of State in like manner and for like cause as
19        a driver's license issued under this Code may be
20        cancelled, revoked, or suspended; except that a
21        conviction upon one or more offenses against laws or
22        ordinances regulating the movement of traffic shall be
23        deemed sufficient cause for the revocation,
24        suspension, or cancellation of a restricted driving
25        permit. The Secretary of State may, as a condition to
26        the issuance of a restricted driving permit, require



SB3452 Enrolled- 22 -LRB097 15085 HEP 60180 b

1        the applicant to participate in a designated driver
2        remedial or rehabilitative program. The Secretary of
3        State is authorized to cancel a restricted driving
4        permit if the permit holder does not successfully
5        complete the program.
6    (c-3) In the case of a suspension under paragraph 43 of
7subsection (a), reports received by the Secretary of State
8under this Section shall, except during the actual time the
9suspension is in effect, be privileged information and for use
10only by the courts, police officers, prosecuting authorities,
11the driver licensing administrator of any other state, the
12Secretary of State, or the parent or legal guardian of a driver
13under the age of 18. However, beginning January 1, 2008, if the
14person is a CDL holder, the suspension shall also be made
15available to the driver licensing administrator of any other
16state, the U.S. Department of Transportation, and the affected
17driver or motor carrier or prospective motor carrier upon
19    (c-4) In the case of a suspension under paragraph 43 of
20subsection (a), the Secretary of State shall notify the person
21by mail that his or her driving privileges and driver's license
22will be suspended one month after the date of the mailing of
23the notice.
24    (c-5) The Secretary of State may, as a condition of the
25reissuance of a driver's license or permit to an applicant
26whose driver's license or permit has been suspended before he



SB3452 Enrolled- 23 -LRB097 15085 HEP 60180 b

1or she reached the age of 21 years pursuant to any of the
2provisions of this Section, require the applicant to
3participate in a driver remedial education course and be
4retested under Section 6-109 of this Code.
5    (d) This Section is subject to the provisions of the
6Drivers License Compact.
7    (e) The Secretary of State shall not issue a restricted
8driving permit to a person under the age of 16 years whose
9driving privileges have been suspended or revoked under any
10provisions of this Code.
11    (f) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been suspended, revoked,
15cancelled, or disqualified under any provisions of this Code.
16(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1796-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
187-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
19eff. 8-12-11; revised 9-15-11.)
20    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
21    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
22peace officer.
23    (a) The offense of aggravated fleeing or attempting to
24elude a peace officer is committed by any driver or operator of
25a motor vehicle who flees or attempts to elude a peace officer,



SB3452 Enrolled- 24 -LRB097 15085 HEP 60180 b

1after being given a visual or audible signal by a peace officer
2in the manner prescribed in subsection (a) of Section 11-204 of
3this Code, and such flight or attempt to elude:
4        (1) is at a rate of speed at least 21 miles per hour
5    over the legal speed limit;
6        (2) causes bodily injury to any individual;
7        (3) causes damage in excess of $300 to property; or
8        (4) involves disobedience of 2 or more official traffic
9    control devices; or .
10        (5) involves the concealing or altering of the
11    vehicle's registration plate.
12    (b) Any person convicted of a first violation of this
13Section shall be guilty of a Class 4 felony. Upon notice of
14such a conviction the Secretary of State shall forthwith revoke
15the driver's license of the person so convicted, as provided in
16Section 6-205 of this Code. Any person convicted of a second or
17subsequent violation of this Section shall be guilty of a Class
183 felony, and upon notice of such a conviction the Secretary of
19State shall forthwith revoke the driver's license of the person
20convicted, as provided in Section 6-205 of the Code.
21    (c) The motor vehicle used in a violation of this Section
22is subject to seizure and forfeiture as provided in Sections
2336-1 and 36-2 of the Criminal Code of 1961.
24(Source: P.A. 96-328, eff. 8-11-09.)
25    (625 ILCS 5/11-1302)  (from Ch. 95 1/2, par. 11-1302)



SB3452 Enrolled- 25 -LRB097 15085 HEP 60180 b

1    Sec. 11-1302. Officers authorized to remove vehicles. (a)
2Whenever any police officer finds a vehicle in violation of any
3of the provisions of Section 11-1301 such officer is hereby
4authorized to move such vehicle, or require the driver or other
5person in charge of the vehicle to move the same, to a position
6off the roadway.
7    (b) Any police officer is hereby authorized to remove or
8cause to be removed to a place of safety any unattended vehicle
9illegally left standing upon any highway, bridge, causeway, or
10in a tunnel, in such a position or under such circumstances as
11to obstruct the normal movement of traffic.
12    Whenever the Department finds an abandoned or disabled
13vehicle standing upon the paved or main-traveled part of a
14highway, which vehicle is or may be expected to interrupt the
15free flow of traffic on the highway or interfere with the
16maintenance of the highway, the Department is authorized to
17move the vehicle to a position off the paved or improved or
18main-traveled part of the highway.
19    (c) Any police officer is hereby authorized to remove or
20cause to be removed to the nearest garage or other place of
21safety any vehicle found upon a highway when:
22    1. Report has been made that such vehicle has been stolen
23or taken without the consent of its owner, or
24    2. The person or persons in charge of such vehicle are
25unable to provide for its custody or removal, or
26    3. When the person driving or in control of such vehicle is



SB3452 Enrolled- 26 -LRB097 15085 HEP 60180 b

1arrested for an alleged offense for which the officer is
2required by law to take the person arrested before a proper
3magistrate without unnecessary delay, or .
4    4. When the registration of the vehicle has been suspended,
5cancelled, or revoked.
6(Source: P.A. 79-1069.)
7    (625 ILCS 5/11-1403)  (from Ch. 95 1/2, par. 11-1403)
8    Sec. 11-1403. Riding on motorcycles. (a) A person operating
9a motorcycle shall ride only upon the permanent and regular
10seat attached thereto, and such operator shall not carry any
11other person nor shall any other person ride on a motorcycle
12unless such motorcycle is designed to carry more than one
13person, in which event a passenger may ride upon the permanent
14and regular seat if designed for 2 persons, or upon another
15seat firmly attached to the motorcycle at the rear or side of
16the operator.
17    (b) A person shall ride upon a motorcycle only while
18sitting astride the seat, facing forward, with one leg on each
19side of the motorcycle.
20    (c) No person shall operate any motorcycle with handlebar
21grips handlebars higher than the height of the head shoulders
22of the operator when the operator is seated in the normal
23driving position astride that portion of the seat or saddle
24occupied by the operator.
25    (d) The operator of any motorcycle shall keep at least one



SB3452 Enrolled- 27 -LRB097 15085 HEP 60180 b

1hand on a handlebar grip at all times the motorcycle is in
3(Source: P.A. 84-602.)
4    (625 ILCS 5/11-1403.2)  (from Ch. 95 1/2, par. 11-1403.2)
5    Sec. 11-1403.2. Operating a motorcycle, motor driven
6cycle, or moped on one wheel; aggravated operating a
7motorcycle, motor driven cycle, or moped on one wheel.
8    (a) No person shall operate a motorcycle, motor driven
9cycle, or moped on one wheel.
10    (b) Aggravated operating a motorcycle, motor driven cycle,
11or moped on one wheel. A person commits aggravated operating a
12motorcycle, motor driven cycle, or moped on one wheel when he
13or she violates subsection (a) of this Section while committing
14a violation of subsection (b) of Section 11-601 of this Code. A
15violation of this subsection is a petty offense with a minimum
16fine of $100, except a second conviction of a violation of this
17subsection is a Class B misdemeanor and a third or subsequent
18conviction of a violation of this subsection is a Class A
20(Source: P.A. 96-554, eff. 1-1-10.)
21    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
22    Sec. 12-208. Signal lamps and signal devices.
23    (a) Every vehicle other than an antique vehicle displaying
24an antique plate or an expanded-use antique vehicle displaying



SB3452 Enrolled- 28 -LRB097 15085 HEP 60180 b

1expanded-use antique vehicle plates operated in this State
2shall be equipped with a stop lamp or lamps on the rear of the
3vehicle which shall display a red or amber light visible from a
4distance of not less than 500 feet to the rear in normal
5sunlight and which shall be actuated upon application of the
6service (foot) brake, and which may but need not be
7incorporated with other rear lamps. During times when lighted
8lamps are not required, an antique vehicle or an expanded-use
9antique vehicle may be equipped with a stop lamp or lamps on
10the rear of such vehicle of the same type originally installed
11by the manufacturer as original equipment and in working order.
12However, at all other times, except as provided in subsection
13(a-1), such antique vehicle or expanded-use antique vehicle
14must be equipped with stop lamps meeting the requirements of
15Section 12-208 of this Act.
16    (a-1) An antique vehicle or an expanded-use antique
17vehicle, including an antique motorcycle, may display a blue
18light or lights of up to one inch in diameter as part of the
19vehicle's rear stop lamp or lamps.
20    (b) Every motor vehicle other than an antique vehicle
21displaying an antique plate or an expanded-use antique vehicle
22displaying expanded-use antique vehicle plates shall be
23equipped with an electric turn signal device which shall
24indicate the intention of the driver to turn to the right or to
25the left in the form of flashing lights located at and showing
26to the front and rear of the vehicle on the side of the vehicle



SB3452 Enrolled- 29 -LRB097 15085 HEP 60180 b

1toward which the turn is to be made. The lamps showing to the
2front shall be mounted on the same level and as widely spaced
3laterally as practicable and, when signaling, shall emit a
4white or amber light, or any shade of light between white and
5amber. The lamps showing to the rear shall be mounted on the
6same level and as widely spaced laterally as practicable and,
7when signaling, shall emit a red or amber light. An antique
8vehicle or expanded-use antique vehicle shall be equipped with
9a turn signal device of the same type originally installed by
10the manufacturer as original equipment and in working order.
11    (c) Every trailer and semitrailer shall be equipped with an
12electric turn signal device which indicates the intention of
13the driver in the power unit to turn to the right or to the left
14in the form of flashing red or amber lights located at the rear
15of the vehicle on the side toward which the turn is to be made
16and mounted on the same level and as widely spaced laterally as
18    (d) Turn signal lamps must be visible from a distance of
19not less than 300 feet in normal sunlight.
20    (e) Motorcycles and motor-driven cycles need not be
21equipped with electric turn signals. Antique vehicles and
22expanded-use antique vehicles need not be equipped with turn
23signals unless such were installed by the manufacturer as
24original equipment.
25    (f) (Blank).
26    (g) Motorcycles and motor-driven cycles may be equipped



SB3452 Enrolled- 30 -LRB097 15085 HEP 60180 b

1with a stop lamp or lamps on the rear of the vehicle that
2display a red or amber light, visible from a distance of not
3less than 500 feet to the rear in normal sunlight, that flashes
4and becomes steady only when the brake is actuated.
5(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
6    (625 ILCS 5/12-610.5 rep.)
7    Section 10. The Illinois Vehicle Code is amended by
8repealing Section 12-610.5.