Full Text of SB2230 94th General Assembly
SB2230eng 94TH GENERAL ASSEMBLY
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SB2230 Engrossed |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-103.1, 6-110, 6-204, 6-206, 6-206.1, 6-301.2, | 6 |
| 6-507, 6-514, and 11-208.3 and adding Sections 6-107.4 and | 7 |
| 11-1301.3 as follows: | 8 |
| (625 ILCS 5/6-103.1) | 9 |
| Sec. 6-103.1. New residents; out-of-state revocation. | 10 |
| (a) The Secretary of State may not issue a driver's license | 11 |
| to a nonresident who becomes a resident of this State while the | 12 |
| new resident's driving privileges are revoked, under terms | 13 |
| similar to those provided in Section 1-176 of this Code, in | 14 |
| another state. | 15 |
| (b) The Secretary may issue restricted driving permits to | 16 |
| new residents whose driving privileges are revoked in another | 17 |
| state. These permits must be issued according to the | 18 |
| restrictions, and for the purposes, stated in Sections 6-205 | 19 |
| and 6-206 of this Code. The Secretary shall adopt rules for the | 20 |
| issuance of these permits. | 21 |
| (c) A restricted driving permit issued under this Section | 22 |
| is subject to cancellation, revocation, and suspension by the | 23 |
| Secretary of State in the same manner and for the same causes | 24 |
| as a driver's license issued under this Code may be cancelled, | 25 |
| revoked, or suspended, except that a conviction of one or more | 26 |
| offenses against laws or ordinances regulating the movement of | 27 |
| traffic is sufficient cause for the revocation, suspension, or | 28 |
| cancellation of a restricted driving permit.
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| (Source: P.A. 94-473, eff. 1-1-06.) | 30 |
| (625 ILCS 5/6-107.4 new) | 31 |
| Sec. 6-107.4. Temporary driver's license; applicant under |
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| 18. The Secretary of State may issue a temporary driver's | 2 |
| license to an applicant under the age of 18 permitting the | 3 |
| operation of a motor vehicle when the Secretary of State is | 4 |
| unable to produce a driver's license due to an equipment or | 5 |
| computer program failure or lack of necessary equipment, if the | 6 |
| applicant is not otherwise ineligible for a driver's license | 7 |
| and has met all the requirements of Section 6-107. The | 8 |
| temporary driver's license must be in the applicant's immediate | 9 |
| possession while he or she is operating a motor vehicle. The | 10 |
| temporary license is invalid if the applicant's driver's | 11 |
| license has been issued or for good cause has been refused. The | 12 |
| Secretary of State may issue this temporary driver's license | 13 |
| for any appropriate period not exceeding 30 days. | 14 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 17 |
| applicant a
driver's license as applied for, which license | 18 |
| shall bear a
distinguishing
number assigned to the licensee, | 19 |
| the legal name, social security number,
zip
code, date of | 20 |
| birth, residence address, and a brief description of the
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| licensee, and
a space where the licensee may write his usual | 22 |
| signature.
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| If the licensee is less than 17 years of age, the license | 24 |
| shall, as a
matter of law, be invalid for the operation of any | 25 |
| motor vehicle during
any time the licensee is prohibited from | 26 |
| being on any street or highway
under the provisions of the | 27 |
| Child Curfew Act.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in | 31 |
| his
discretion substitute a federal tax number or other | 32 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 34 |
| Secretary,
include a suitable photograph of a type prescribed | 35 |
| by the Secretary.
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| (b) Until the Secretary of State establishes a First Person | 2 |
| Consent organ and tissue donor registry under Section 6-117 of | 3 |
| this Code, the Secretary of State shall provide a format on the | 4 |
| reverse of
each driver's license issued which the licensee may | 5 |
| use to execute a document
of gift conforming to the provisions | 6 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 7 |
| licensee to indicate the gift intended, whether
specific | 8 |
| organs, any organ, or the entire body, and shall accommodate | 9 |
| the
signatures of the donor and 2 witnesses. The Secretary | 10 |
| shall also inform
each applicant or licensee of this format, | 11 |
| describe the procedure for its
execution, and may offer the | 12 |
| necessary witnesses; provided that in so doing,
the Secretary | 13 |
| shall advise the applicant or licensee that he or she is
under | 14 |
| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document | 16 |
| shall be given
to each applicant or licensee. The brochure | 17 |
| shall advise the applicant or
licensee that he or she is under | 18 |
| no compulsion to execute a document of
gift, and that he or she | 19 |
| may wish to consult with family, friends or clergy
before doing | 20 |
| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ | 22 |
| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 24 |
| license issued
a space where the licensee may place a sticker | 25 |
| or decal of the uniform
size as the Secretary may specify, | 26 |
| which sticker or decal may indicate in
appropriate language | 27 |
| that the owner of the license carries an Emergency
Medical | 28 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 30 |
| school,
medical group, or association interested in assisting | 31 |
| in implementing
the Emergency Medical Information Card, but | 32 |
| shall meet the specifications
as the Secretary may by rule or | 33 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 35 |
| license issued
a space where the licensee may indicate his | 36 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 2 |
| or renewal driver's license issued to a licensee under
21 years | 3 |
| of age shall be of a distinct nature from those driver's | 4 |
| licenses
issued to individuals 21 years of age and older. The | 5 |
| color designated for
driver's licenses for licensees under 21 | 6 |
| years of age shall be at the
discretion of the Secretary of | 7 |
| State.
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| (e-1) The Secretary shall provide that each driver's | 9 |
| license issued to a
person under the age of 21 displays the | 10 |
| date upon which the person becomes 18
years of age and the date | 11 |
| upon which the person becomes 21 years of age.
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| (f) The Secretary of State shall inform all Illinois | 13 |
| licensed
commercial motor vehicle operators of the | 14 |
| requirements of the Uniform
Commercial Driver License Act, | 15 |
| Article V of this Chapter, and shall make
provisions to insure | 16 |
| that all drivers, seeking to obtain a commercial
driver's | 17 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 20 |
| dates and
locations where these commercial driver's tests shall | 21 |
| be conducted. Any
applicant, regardless of the current | 22 |
| expiration date of the applicant's
driver's license, may be | 23 |
| subject to any assignment by the Secretary.
Failure to comply | 24 |
| with the Secretary's assignment may result in the
applicant's | 25 |
| forfeiture of an opportunity to receive a commercial driver's
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| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 28 |
| license issued, a space where the licensee may indicate that he | 29 |
| or
she has drafted a living will in accordance with the | 30 |
| Illinois Living Will
Act or a durable power of attorney for | 31 |
| health care in accordance with the
Illinois Power of Attorney | 32 |
| Act.
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| (g-1) The Secretary of State, in his or her discretion, may | 34 |
| designate on
each driver's license issued a space where the | 35 |
| licensee may place a sticker or
decal, issued by the Secretary | 36 |
| of State, of uniform size as the Secretary may
specify, that |
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| shall indicate in appropriate language that the owner of the
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| license has renewed his or her driver's license.
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| (h) A person who acts in good faith in accordance with the | 4 |
| terms of
this Section is not liable for damages in any civil | 5 |
| action or subject to
prosecution in any criminal proceeding for | 6 |
| his or her act.
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| (Source: P.A. 93-794, eff. 7-22-04; 93-895, eff. 1-1-05; 94-75, | 8 |
| eff. 1-1-06.)
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| (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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| Sec. 6-204. When Court to forward License and Reports.
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| (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 adjudicated truant minors in need of | 16 |
| supervision,
addicted, or delinquent and of persons
found | 17 |
| guilty of the criminal offenses or traffic violations
which | 18 |
| this Code recognizes as evidence relating to unfitness to | 19 |
| safely operate
motor vehicles, the following duties are imposed | 20 |
| upon public officials:
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| (1) Whenever any person is convicted of any offense for | 22 |
| which
this
Code makes mandatory the cancellation or | 23 |
| revocation of the driver's
license or permit of such person | 24 |
| by the Secretary of State, the judge of the
court in which | 25 |
| such conviction is had shall require the surrender to the | 26 |
| clerk
of the court of all driver's licenses or permits then | 27 |
| held by the person so
convicted, and the clerk of the court | 28 |
| shall, within 5 days thereafter, forward
the same, together | 29 |
| with a report of such conviction, to the Secretary.
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| (2) Whenever any person is convicted of any offense | 31 |
| under this
Code or
similar offenses under a municipal | 32 |
| ordinance, other than regulations
governing standing, | 33 |
| parking or weights of vehicles, and excepting the
following | 34 |
| enumerated Sections of this Code: Sections 11-1406 | 35 |
| (obstruction
to driver's view or control), 11-1407 |
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| (improper opening of door into
traffic), 11-1410 (coasting | 2 |
| on downgrade), 11-1411 (following fire
apparatus), | 3 |
| 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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| vehicle which is in unsafe condition or improperly | 5 |
| equipped), 12-201(a)
(daytime lights on motorcycles), | 6 |
| 12-202 (clearance, identification and
side marker lamps), | 7 |
| 12-204 (lamp or flag on projecting load), 12-205
(failure | 8 |
| to display the safety lights required), 12-401 | 9 |
| (restrictions as
to tire equipment), 12-502 (mirrors), | 10 |
| 12-503 (windshields must be
unobstructed and equipped with | 11 |
| wipers), 12-601 (horns and warning
devices), 12-602 | 12 |
| (mufflers, prevention of noise or smoke), 12-603 (seat
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| safety belts), 12-702 (certain vehicles to carry flares or | 14 |
| other warning
devices), 12-703 (vehicles for oiling roads | 15 |
| operated on highways),
12-710 (splash guards and | 16 |
| replacements), 13-101 (safety tests), 15-101
(size, weight | 17 |
| and load), 15-102 (width), 15-103 (height), 15-104 (name
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| and address on second division vehicles), 15-107 (length of | 19 |
| vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | 20 |
| 15-112 (weights), 15-301
(weights), 15-316 (weights), | 21 |
| 15-318 (weights), and also excepting the following
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| enumerated Sections of the Chicago Municipal Code: | 23 |
| Sections 27-245 (following
fire apparatus), 27-254 | 24 |
| (obstruction of traffic), 27-258 (driving vehicle which
is | 25 |
| in unsafe condition), 27-259 (coasting on downgrade), | 26 |
| 27-264 (use of horns
and signal devices), 27-265 | 27 |
| (obstruction to driver's view or driver mechanism),
27-267 | 28 |
| (dimming of headlights), 27-268 (unattended motor | 29 |
| vehicle), 27-272
(illegal funeral procession), 27-273 | 30 |
| (funeral procession on boulevard), 27-275
(driving freight | 31 |
| hauling vehicles on boulevard), 27-276 (stopping and | 32 |
| standing
of buses or taxicabs), 27-277 (cruising of public | 33 |
| passenger vehicles), 27-305
(parallel parking), 27-306 | 34 |
| (diagonal parking), 27-307 (parking not to obstruct
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| traffic), 27-308 (stopping, standing or parking | 36 |
| regulated), 27-311 (parking
regulations), 27-312 (parking |
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| regulations), 27-313 (parking regulations),
27-314 | 2 |
| (parking regulations), 27-315 (parking regulations), | 3 |
| 27-316 (parking
regulations), 27-317 (parking | 4 |
| regulations), 27-318 (parking regulations),
27-319 | 5 |
| (parking regulations), 27-320 (parking regulations), | 6 |
| 27-321 (parking
regulations), 27-322 (parking | 7 |
| regulations), 27-324 (loading and
unloading at an angle), | 8 |
| 27-333 (wheel and axle loads), 27-334 (load
restrictions in | 9 |
| the downtown district), 27-335 (load restrictions in
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| residential areas), 27-338 (width of vehicles), 27-339 | 11 |
| (height of
vehicles), 27-340 (length of vehicles), 27-352 | 12 |
| (reflectors on trailers),
27-353 (mufflers), 27-354 | 13 |
| (display of plates), 27-355 (display of city
vehicle tax | 14 |
| sticker), 27-357 (identification of vehicles), 27-358
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| (projecting of loads), and also excepting the following | 16 |
| enumerated
paragraphs of Section 2-201 of the Rules and | 17 |
| Regulations of the Illinois
State Toll Highway Authority: | 18 |
| (l) (driving unsafe vehicle on tollway),
(m) (vehicles | 19 |
| transporting dangerous cargo not properly indicated), it
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| shall be the duty of the clerk of the court in which such | 21 |
| conviction is
had within 5
10 days thereafter to forward to | 22 |
| the Secretary of State a report of
the conviction and the | 23 |
| court may recommend the suspension of the driver's
license | 24 |
| or permit of the person so convicted.
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| The reporting requirements of this subsection shall apply | 26 |
| to all
violations stated in paragraphs (1) and (2) of this
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| subsection when the
individual has been adjudicated under the | 28 |
| Juvenile Court Act or the
Juvenile Court Act of 1987. Such | 29 |
| reporting requirements shall also apply to
individuals | 30 |
| adjudicated under the Juvenile Court Act or the Juvenile Court | 31 |
| Act
of 1987 who have committed a violation of Section 11-501 of | 32 |
| this Code, or
similar provision of a local ordinance, or | 33 |
| Section 9-3 of the Criminal Code
of 1961, as amended, relating | 34 |
| to the offense of reckless homicide.
The reporting requirements | 35 |
| of this subsection shall also apply to
a truant minor in need | 36 |
| of supervision, an addicted
minor, or a delinquent minor and |
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| whose driver's license and privilege to
drive a motor vehicle | 2 |
| has been ordered suspended for such times as determined
by the | 3 |
| Court, but only until he or she attains
18 years of age. It | 4 |
| shall be the duty of the clerk of the court in which
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| adjudication is had within 5 days thereafter to forward to the | 6 |
| Secretary of
State a report of the adjudication and the court | 7 |
| order requiring the Secretary
of State to suspend the minor's | 8 |
| driver's license and driving privilege for such
time as | 9 |
| determined by the Court, but only until he or she attains the | 10 |
| age of 18
years. All juvenile court dispositions reported to | 11 |
| the Secretary of State
under this provision shall be processed | 12 |
| by the Secretary of State as if the
cases had been adjudicated | 13 |
| in traffic or criminal court. However, information
reported | 14 |
| relative to the offense of reckless homicide, or Section 11-501 | 15 |
| of
this Code, or a similar provision of a local ordinance, | 16 |
| shall be privileged
and available only to the Secretary of | 17 |
| State, courts, and police officers.
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| The reporting requirements of this subsection (a) | 19 |
| apply to all violations listed in paragraphs (1) and (2) of | 20 |
| this subsection (a), excluding parking violations, when | 21 |
| the driver holds a CDL, regardless of the type of vehicle | 22 |
| in which the violation occurred, or when any driver | 23 |
| committed the violation in a commercial motor vehicle as | 24 |
| defined in Section 6-500 of this Code.
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| (3) Whenever an order is entered vacating the | 26 |
| forfeiture of any
bail,
security or bond given to secure | 27 |
| appearance for any offense under this
Code or similar | 28 |
| offenses under municipal ordinance, it shall be the duty
of | 29 |
| the clerk of the court in which such vacation was had or | 30 |
| the judge of
such court if such court has no clerk, within | 31 |
| 5 days thereafter to
forward to the Secretary of State a | 32 |
| report of the vacation.
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| (4) A report of any disposition of court supervision | 34 |
| for a
violation of
Sections 6-303, 11-401, 11-501 or a | 35 |
| similar provision of a local ordinance,
11-503 and 11-504 | 36 |
| shall be forwarded to the Secretary of State.
A report of |
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| any disposition of court supervision for a violation of an | 2 |
| offense
defined as a serious traffic violation in this Code | 3 |
| or a similar provision of a
local ordinance committed by a | 4 |
| person under the age of 21 years shall be
forwarded to the | 5 |
| Secretary of State.
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| (5) Reports of conviction
under this Code
and | 7 |
| sentencing hearings under the
Juvenile Court
Act of 1987 in | 8 |
| an electronic format
or a computer processible medium
shall
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| be
forwarded to the Secretary of State via the Supreme | 10 |
| Court in the form and
format required by the Illinois | 11 |
| Supreme Court and established by a written
agreement | 12 |
| between the Supreme Court and the Secretary of State.
In | 13 |
| counties with a population over 300,000, instead of | 14 |
| forwarding reports to
the Supreme Court, reports of | 15 |
| conviction
under this Code
and sentencing hearings under | 16 |
| the
Juvenile Court Act of 1987 in an electronic format
or a | 17 |
| computer processible medium
may
be forwarded to the | 18 |
| Secretary of State by the Circuit Court Clerk in a form and
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| format required by the Secretary of State and established | 20 |
| by written agreement
between the Circuit Court Clerk and | 21 |
| the Secretary of State. Failure to
forward the reports of | 22 |
| conviction or sentencing hearing under the Juvenile
Court | 23 |
| Act of 1987 as required by this Section shall be
deemed an | 24 |
| omission of duty and it shall be the duty of the several | 25 |
| State's
Attorneys to enforce the requirements of this | 26 |
| Section.
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| (b) Whenever a restricted driving permit is forwarded to a | 28 |
| court, as a
result of confiscation by a police officer pursuant | 29 |
| to the authority in
Section 6-113(f), it shall be the duty of | 30 |
| the clerk, or judge, if the court
has no clerk, to forward such | 31 |
| restricted driving permit and a facsimile of
the officer's | 32 |
| citation to the Secretary of State as expeditiously as
| 33 |
| practicable.
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| (c) For the purposes of this Code, a forfeiture of bail or | 35 |
| collateral
deposited to secure a defendant's appearance in | 36 |
| court when forfeiture
has not been vacated, or the failure of a |
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| defendant to appear for trial
after depositing his driver's | 2 |
| license in lieu of other bail, shall be
equivalent to a | 3 |
| conviction.
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| (d) For the purpose of providing the Secretary of State | 5 |
| with records
necessary to properly monitor and assess driver | 6 |
| performance and assist the
courts in the proper disposition of | 7 |
| repeat traffic law offenders, the clerk
of the court shall | 8 |
| forward to the Secretary of State,
on a form prescribed
by the | 9 |
| Secretary, records of a driver's participation in a driver | 10 |
| remedial
or rehabilitative program which was required, through | 11 |
| a court order or court
supervision, in relation to the driver's | 12 |
| arrest for a violation of Section
11-501 of this Code or a | 13 |
| similar provision of a local ordinance.
The clerk of the court | 14 |
| shall also forward to the Secretary, either on
paper or in an | 15 |
| electronic format or a computer processible medium as required
| 16 |
| under paragraph (5) of subsection (a) of this Section, any | 17 |
| disposition
of court supervision for any traffic violation,
| 18 |
| excluding those offenses listed in paragraph (2)
of subsection | 19 |
| (a) of this Section.
These reports
shall be sent within 5
days | 20 |
| after disposition, or, if
the driver is
referred to a driver
| 21 |
| remedial or rehabilitative program, within 5 days of the | 22 |
| driver's referral
to that program.
These reports received by | 23 |
| the Secretary of State, including those required to
be | 24 |
| forwarded under paragraph (a)(4), shall be privileged | 25 |
| information, available
only (i) to the affected driver and (ii) | 26 |
| for use by the courts, police
officers, prosecuting | 27 |
| authorities, and the Secretary of State. In accordance with 49 | 28 |
| C.F.R. Part 384, all reports of court supervision, except | 29 |
| violations related to parking, shall be forwarded to the | 30 |
| Secretary of State for all holders of a CDL or any driver who | 31 |
| commits an offense while driving a commercial motor vehicle. | 32 |
| These reports shall be recorded to the driver's record as a | 33 |
| conviction for use in the disqualification of the driver's | 34 |
| commercial motor vehicle privileges and shall not be privileged | 35 |
| information.
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| (Source: P.A. 94-307, eff. 9-30-05.)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| 2 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 3 |
| license or
permit; Right to a hearing.
| 4 |
| (a) The Secretary of State is authorized to suspend or | 5 |
| revoke the
driving privileges of any person without preliminary | 6 |
| hearing upon a showing
of the person's records or other | 7 |
| sufficient evidence that
the person:
| 8 |
| 1. Has committed an offense for which mandatory | 9 |
| revocation of
a driver's license or permit is required upon | 10 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 12 |
| against traffic
regulations governing the movement of | 13 |
| vehicles committed within any 12
month period. No | 14 |
| revocation or suspension shall be entered more than
6 | 15 |
| months after the date of last conviction;
| 16 |
| 3. Has been repeatedly involved as a driver in motor | 17 |
| vehicle
collisions or has been repeatedly convicted of | 18 |
| offenses against laws and
ordinances regulating the | 19 |
| movement of traffic, to a degree that
indicates lack of | 20 |
| ability to exercise ordinary and reasonable care in
the | 21 |
| safe operation of a motor vehicle or disrespect for the | 22 |
| traffic laws
and the safety of other persons upon the | 23 |
| highway;
| 24 |
| 4. Has by the unlawful operation of a motor vehicle | 25 |
| caused or
contributed to an accident resulting in death or | 26 |
| injury requiring
immediate professional treatment in a | 27 |
| medical facility or doctor's office
to any person, except | 28 |
| that any suspension or revocation imposed by the
Secretary | 29 |
| of State under the provisions of this subsection shall | 30 |
| start no
later than 6 months after being convicted of | 31 |
| violating a law or
ordinance regulating the movement of | 32 |
| traffic, which violation is related
to the accident, or | 33 |
| shall start not more than one year
after
the date of the | 34 |
| accident, whichever date occurs later;
| 35 |
| 5. Has permitted an unlawful or fraudulent use of a |
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| driver's
license, identification card, or permit;
| 2 |
| 6. Has been lawfully convicted of an offense or | 3 |
| offenses in another
state, including the authorization | 4 |
| contained in Section 6-203.1, which
if committed within | 5 |
| this State would be grounds for suspension or revocation;
| 6 |
| 7. Has refused or failed to submit to an examination | 7 |
| provided for by
Section 6-207 or has failed to pass the | 8 |
| examination;
| 9 |
| 8. Is ineligible for a driver's license or permit under | 10 |
| the provisions
of Section 6-103;
| 11 |
| 9. Has made a false statement or knowingly concealed a | 12 |
| material fact
or has used false information or | 13 |
| identification in any application for a
license, | 14 |
| identification card, or permit;
| 15 |
| 10. Has possessed, displayed, or attempted to | 16 |
| fraudulently use any
license, identification card, or | 17 |
| permit not issued to the person;
| 18 |
| 11. Has operated a motor vehicle upon a highway of this | 19 |
| State when
the person's driving privilege or privilege to | 20 |
| obtain a driver's license
or permit was revoked or | 21 |
| suspended unless the operation was authorized by
a judicial | 22 |
| driving permit, probationary license to drive, or a | 23 |
| restricted
driving permit issued under this Code;
| 24 |
| 12. Has submitted to any portion of the application | 25 |
| process for
another person or has obtained the services of | 26 |
| another person to submit to
any portion of the application | 27 |
| process for the purpose of obtaining a
license, | 28 |
| identification card, or permit for some other person;
| 29 |
| 13. Has operated a motor vehicle upon a highway of this | 30 |
| State when
the person's driver's license or permit was | 31 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 32 |
| 14. Has committed a violation of Section 6-301, | 33 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 34 |
| of the Illinois Identification Card
Act;
| 35 |
| 15. Has been convicted of violating Section 21-2 of the | 36 |
| Criminal Code
of 1961 relating to criminal trespass to |
|
|
|
SB2230 Engrossed |
- 13 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| vehicles in which case, the suspension
shall be for one | 2 |
| year;
| 3 |
| 16. Has been convicted of violating Section 11-204 of | 4 |
| this Code relating
to fleeing from a peace officer;
| 5 |
| 17. Has refused to submit to a test, or tests, as | 6 |
| required under Section
11-501.1 of this Code and the person | 7 |
| has not sought a hearing as
provided for in Section | 8 |
| 11-501.1;
| 9 |
| 18. Has, since issuance of a driver's license or | 10 |
| permit, been adjudged
to be afflicted with or suffering | 11 |
| from any mental disability or disease;
| 12 |
| 19. Has committed a violation of paragraph (a) or (b) | 13 |
| of Section 6-101
relating to driving without a driver's | 14 |
| license;
| 15 |
| 20. Has been convicted of violating Section 6-104 | 16 |
| relating to
classification of driver's license;
| 17 |
| 21. Has been convicted of violating Section 11-402 of
| 18 |
| this Code relating to leaving the scene of an accident | 19 |
| resulting in damage
to a vehicle in excess of $1,000, in | 20 |
| which case the suspension shall be
for one year;
| 21 |
| 22. Has used a motor vehicle in violating paragraph | 22 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 23 |
| the Criminal Code of 1961 relating
to unlawful use of | 24 |
| weapons, in which case the suspension shall be for one
| 25 |
| year;
| 26 |
| 23. Has, as a driver, been convicted of committing a | 27 |
| violation of
paragraph (a) of Section 11-502 of this Code | 28 |
| for a second or subsequent
time within one year of a | 29 |
| similar violation;
| 30 |
| 24. Has been convicted by a court-martial or punished | 31 |
| by non-judicial
punishment by military authorities of the | 32 |
| United States at a military
installation in Illinois of or | 33 |
| for a traffic related offense that is the
same as or | 34 |
| similar to an offense specified under Section 6-205 or | 35 |
| 6-206 of
this Code;
| 36 |
| 25. Has permitted any form of identification to be used |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| by another in
the application process in order to obtain or | 2 |
| attempt to obtain a license,
identification card, or | 3 |
| permit;
| 4 |
| 26. Has altered or attempted to alter a license or has | 5 |
| possessed an
altered license, identification card, or | 6 |
| permit;
| 7 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 8 |
| of 1934;
| 9 |
| 28. Has been convicted of the illegal possession, while | 10 |
| operating or
in actual physical control, as a driver, of a | 11 |
| motor vehicle, of any
controlled substance prohibited | 12 |
| under the 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, in which case the | 16 |
| person's driving privileges shall be suspended for
one | 17 |
| year, and any driver who is convicted of a second or | 18 |
| subsequent
offense, within 5 years of a previous | 19 |
| conviction, for the illegal
possession, while operating or | 20 |
| in actual physical control, as a driver, of
a motor | 21 |
| vehicle, of any controlled substance prohibited under the | 22 |
| Illinois Controlled Substances Act, any cannabis
| 23 |
| prohibited under the Cannabis Control Act, or any | 24 |
| methamphetamine prohibited under the Methamphetamine | 25 |
| Control and Community Protection Act shall be suspended for | 26 |
| 5 years.
Any defendant found guilty of this offense while | 27 |
| operating a motor vehicle,
shall have an entry made in the | 28 |
| court record by the presiding judge that
this offense did | 29 |
| occur while the defendant was operating a motor vehicle
and | 30 |
| order the clerk of the court to report the violation to the | 31 |
| Secretary
of State;
| 32 |
| 29. Has been convicted of the following offenses that | 33 |
| were committed
while the person was operating or in actual | 34 |
| physical control, as a driver,
of a motor vehicle: criminal | 35 |
| sexual assault,
predatory criminal sexual assault of a | 36 |
| child,
aggravated criminal sexual
assault, criminal sexual |
|
|
|
SB2230 Engrossed |
- 15 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 2 |
| soliciting for a juvenile prostitute and the manufacture, | 3 |
| sale or
delivery of controlled substances or instruments | 4 |
| used for illegal drug use
or abuse in which case the | 5 |
| driver's driving privileges shall be suspended
for one | 6 |
| year;
| 7 |
| 30. Has been convicted a second or subsequent time for | 8 |
| any
combination of the offenses named in paragraph 29 of | 9 |
| this subsection,
in which case the person's driving | 10 |
| privileges shall be suspended for 5
years;
| 11 |
| 31. Has refused to submit to a test as
required by | 12 |
| Section 11-501.6 or has submitted to a test resulting in
an | 13 |
| alcohol concentration of 0.08 or more or any amount of a | 14 |
| drug, substance, or
compound resulting from the unlawful | 15 |
| use or consumption of cannabis as listed
in the Cannabis | 16 |
| Control Act, a controlled substance as listed in the | 17 |
| Illinois
Controlled Substances Act, or an intoxicating | 18 |
| compound as listed in the Use of
Intoxicating Compounds | 19 |
| Act, in which case the penalty shall be
as prescribed in | 20 |
| Section 6-208.1;
| 21 |
| 32. Has been convicted of Section 24-1.2 of the | 22 |
| Criminal Code of
1961 relating to the aggravated discharge | 23 |
| of a firearm if the offender was
located in a motor vehicle | 24 |
| at the time the firearm was discharged, in which
case the | 25 |
| suspension shall be for 3 years;
| 26 |
| 33. Has as a driver, who was less than 21 years of age | 27 |
| on the date of
the offense, been convicted a first time of | 28 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 29 |
| or a similar provision of a local ordinance;
| 30 |
| 34. Has committed a violation of Section 11-1301.5 of | 31 |
| this Code;
| 32 |
| 35. Has committed a violation of Section 11-1301.6 of | 33 |
| this Code;
| 34 |
| 36. Is under the age of 21 years at the time of arrest | 35 |
| and has been
convicted of not less than 2 offenses against | 36 |
| traffic regulations governing
the movement of vehicles |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| committed within any 24 month period. No revocation
or | 2 |
| suspension shall be entered more than 6 months after the | 3 |
| date of last
conviction;
| 4 |
| 37. Has committed a violation of subsection (c) of | 5 |
| Section 11-907 of this
Code;
| 6 |
| 38. Has been convicted of a violation of Section 6-20 | 7 |
| of the Liquor
Control Act of 1934 or a similar provision of | 8 |
| a local ordinance;
| 9 |
| 39. Has committed a second or subsequent violation of | 10 |
| Section
11-1201 of this Code;
| 11 |
| 40. Has committed a violation of subsection (a-1) of | 12 |
| Section 11-908 of
this Code; or | 13 |
| 41. Has committed a second or subsequent violation of | 14 |
| Section 11-605.1 of this Code within 2 years of the date of | 15 |
| the previous violation, in which case the suspension shall | 16 |
| be for 90 days ; or | 17 |
| 42. Has committed a violation of subsection (a-1) of | 18 |
| Section 11-1301.3 of this Code . | 19 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 20 |
| and 27 of this
subsection, license means any driver's license, | 21 |
| any traffic ticket issued when
the person's driver's license is | 22 |
| deposited in lieu of bail, a suspension
notice issued by the | 23 |
| Secretary of State, a duplicate or corrected driver's
license, | 24 |
| a probationary driver's license or a temporary driver's | 25 |
| license.
| 26 |
| (b) If any conviction forming the basis of a suspension or
| 27 |
| revocation authorized under this Section is appealed, the
| 28 |
| Secretary of State may rescind or withhold the entry of the | 29 |
| order of suspension
or revocation, as the case may be, provided | 30 |
| that a certified copy of a stay
order of a court is filed with | 31 |
| the Secretary of State. If the conviction is
affirmed on | 32 |
| appeal, the date of the conviction shall relate back to the | 33 |
| time
the original judgment of conviction was entered and the 6 | 34 |
| month limitation
prescribed shall not apply.
| 35 |
| (c) 1. Upon suspending or revoking the driver's license or | 36 |
| permit of
any person as authorized in this Section, the |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| Secretary of State shall
immediately notify the person in | 2 |
| writing of the revocation or suspension.
The notice to be | 3 |
| deposited in the United States mail, postage prepaid,
to | 4 |
| the last known address of the person.
| 5 |
| 2. If the Secretary of State suspends the driver's | 6 |
| license
of a person under subsection 2 of paragraph (a) of | 7 |
| this Section, a
person's privilege to operate a vehicle as | 8 |
| an occupation shall not be
suspended, provided an affidavit | 9 |
| is properly completed, the appropriate fee
received, and a | 10 |
| permit issued prior to the effective date of the
| 11 |
| suspension, unless 5 offenses were committed, at least 2 of | 12 |
| which occurred
while operating a commercial vehicle in | 13 |
| connection with the driver's
regular occupation. All other | 14 |
| driving privileges shall be suspended by the
Secretary of | 15 |
| State. Any driver prior to operating a vehicle for
| 16 |
| occupational purposes only must submit the affidavit on | 17 |
| forms to be
provided by the Secretary of State setting | 18 |
| forth the facts of the person's
occupation. The affidavit | 19 |
| shall also state the number of offenses
committed while | 20 |
| operating a vehicle in connection with the driver's regular
| 21 |
| occupation. The affidavit shall be accompanied by the | 22 |
| driver's license.
Upon receipt of a properly completed | 23 |
| affidavit, the Secretary of State
shall issue the driver a | 24 |
| permit to operate a vehicle in connection with the
driver's | 25 |
| regular occupation only. Unless the permit is issued by the
| 26 |
| Secretary of State prior to the date of suspension, the | 27 |
| privilege to drive
any motor vehicle shall be suspended as | 28 |
| set forth in the notice that was
mailed under this Section. | 29 |
| If an affidavit is received subsequent to the
effective | 30 |
| date of this suspension, a permit may be issued for the | 31 |
| remainder
of the suspension period.
| 32 |
| The provisions of this subparagraph shall not apply to | 33 |
| any driver
required to possess a CDL for the purpose of | 34 |
| operating a commercial motor vehicle.
| 35 |
| Any person who falsely states any fact in the affidavit | 36 |
| required
herein shall be guilty of perjury under Section |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| 6-302 and upon conviction
thereof shall have all driving | 2 |
| privileges revoked without further rights.
| 3 |
| 3. At the conclusion of a hearing under Section 2-118 | 4 |
| of this Code,
the Secretary of State shall either rescind | 5 |
| or continue an order of
revocation or shall substitute an | 6 |
| order of suspension; or, good
cause appearing therefor, | 7 |
| rescind, continue, change, or extend the
order of | 8 |
| suspension. If the Secretary of State does not rescind the | 9 |
| order,
the Secretary may upon application,
to relieve undue | 10 |
| hardship, issue
a restricted driving permit granting the | 11 |
| privilege of driving a motor
vehicle between the | 12 |
| petitioner's residence and petitioner's place of
| 13 |
| employment or within the scope of his employment related | 14 |
| duties, or to
allow transportation for the petitioner, or a | 15 |
| household member of the
petitioner's family, to receive | 16 |
| necessary medical care and if the
professional evaluation | 17 |
| indicates, provide transportation for alcohol
remedial or | 18 |
| rehabilitative activity, or for the petitioner to attend
| 19 |
| classes, as a student, in an accredited educational | 20 |
| institution; if the
petitioner is able to demonstrate that | 21 |
| no alternative means of
transportation is reasonably | 22 |
| available and the petitioner will not endanger
the public | 23 |
| safety or welfare.
| 24 |
| If a person's license or permit has been revoked or | 25 |
| suspended due to 2
or more convictions of violating Section | 26 |
| 11-501 of this Code or a similar
provision of a local | 27 |
| ordinance or a similar out-of-state offense, arising out
of | 28 |
| separate occurrences, that person, if issued a restricted | 29 |
| driving permit,
may not operate a vehicle unless it has | 30 |
| been equipped with an ignition
interlock device as defined | 31 |
| in Section 1-129.1.
| 32 |
| If a person's license or permit has been revoked or | 33 |
| suspended 2 or more
times within a 10 year period due to a | 34 |
| single conviction of violating Section
11-501 of this Code | 35 |
| or a similar provision of a local ordinance or a similar
| 36 |
| out-of-state offense, and a statutory summary suspension |
|
|
|
SB2230 Engrossed |
- 19 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| under Section
11-501.1, or 2 or more statutory summary | 2 |
| suspensions, or combination of 2
offenses, or of an offense | 3 |
| and a statutory summary suspension, arising out of
separate | 4 |
| occurrences, that person, if issued a restricted driving | 5 |
| permit, may
not operate a vehicle unless it has been
| 6 |
| equipped with an ignition interlock device as defined in | 7 |
| Section 1-129.1.
The person must pay to the Secretary of | 8 |
| State DUI Administration Fund an amount
not to exceed $20 | 9 |
| per month. The Secretary shall establish by rule the amount
| 10 |
| and the procedures, terms, and conditions relating to these | 11 |
| fees. If the
restricted driving permit was issued for | 12 |
| employment purposes, then this
provision does not apply to | 13 |
| the operation of an occupational vehicle owned or
leased by | 14 |
| that person's employer. In each case the Secretary may | 15 |
| issue a
restricted driving permit for a period deemed | 16 |
| appropriate, except that all
permits shall expire within | 17 |
| one year from the date of issuance. The Secretary
may not, | 18 |
| however, issue a restricted driving permit to any person | 19 |
| whose current
revocation is the result of a second or | 20 |
| subsequent conviction for a violation
of Section 11-501 of | 21 |
| this Code or a similar provision of a local ordinance
| 22 |
| relating to the offense of operating or being in physical | 23 |
| control of a motor
vehicle while under the influence of | 24 |
| alcohol, other drug or drugs, intoxicating
compound or | 25 |
| compounds, or any similar out-of-state offense, or any | 26 |
| combination
of those offenses, until the expiration of at | 27 |
| least one year from the date of
the revocation. A
| 28 |
| restricted driving permit issued under this Section shall | 29 |
| be subject to
cancellation, revocation, and suspension by | 30 |
| the Secretary of State in like
manner and for like cause as | 31 |
| a driver's license issued under this Code may be
cancelled, | 32 |
| revoked, or suspended; except that a conviction upon one or | 33 |
| more
offenses against laws or ordinances regulating the | 34 |
| movement of traffic
shall be deemed sufficient cause for | 35 |
| the revocation, suspension, or
cancellation of a | 36 |
| restricted driving permit. The Secretary of State may, as
a |
|
|
|
SB2230 Engrossed |
- 20 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| condition to the issuance of a restricted driving permit, | 2 |
| require the
applicant to participate in a designated driver | 3 |
| remedial or rehabilitative
program. The Secretary of State | 4 |
| is authorized to cancel a restricted
driving permit if the | 5 |
| permit holder does not successfully complete the program.
| 6 |
| (c-5) The Secretary of State may, as a condition of the | 7 |
| reissuance of a
driver's license or permit to an applicant | 8 |
| whose driver's license or permit has
been suspended before he | 9 |
| or she reached the age of 18 years pursuant to any of
the | 10 |
| provisions of this Section, require the applicant to | 11 |
| participate in a
driver remedial education course and be | 12 |
| retested under Section 6-109 of this
Code.
| 13 |
| (d) This Section is subject to the provisions of the | 14 |
| Drivers License
Compact.
| 15 |
| (e) The Secretary of State shall not issue a restricted | 16 |
| driving permit to
a person under the age of 16 years whose | 17 |
| driving privileges have been suspended
or revoked under any | 18 |
| provisions of this Code.
| 19 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 20 |
| State may not issue a restricted driving permit for the | 21 |
| operation of a commercial motor vehicle to a person holding a | 22 |
| CDL whose driving privileges have been suspended or revoked | 23 |
| under any provisions of this Code. | 24 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 25 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 26 |
| 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 27 |
| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
| 28 |
| Sec. 6-206.1. Judicial Driving Permit. Declaration of | 29 |
| Policy. It is hereby declared a policy of the
State of Illinois | 30 |
| that the driver who is impaired by alcohol, other drug or
| 31 |
| drugs, or intoxicating compound or compounds is a
threat to the | 32 |
| public safety and welfare. Therefore, to
provide a deterrent to | 33 |
| such practice and to remove problem drivers from
the highway, a | 34 |
| statutory summary driver's license suspension is appropriate.
| 35 |
| It is also recognized that driving is a privilege and |
|
|
|
SB2230 Engrossed |
- 21 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| therefore, that in some
cases the granting of limited driving | 2 |
| privileges, where consistent with public
safety, is warranted | 3 |
| during the period of suspension in the form of a judicial
| 4 |
| driving permit to drive for the purpose of employment, | 5 |
| receiving drug treatment
or medical care, and educational | 6 |
| pursuits, where no alternative means of
transportation is | 7 |
| available.
| 8 |
| The following procedures shall apply whenever
a first | 9 |
| offender is arrested for any offense as defined in Section | 10 |
| 11-501
or a similar provision of a local ordinance:
| 11 |
| (a) Subsequent to a notification of a statutory summary | 12 |
| suspension of
driving privileges as provided in Section | 13 |
| 11-501.1, the first offender as
defined in Section 11-500 may | 14 |
| petition the circuit court of venue for a
Judicial Driving | 15 |
| Permit, hereinafter referred as a JDP, to relieve undue
| 16 |
| hardship. The court may issue a court order, pursuant to the | 17 |
| criteria
contained in this Section, directing the Secretary of | 18 |
| State to issue such
a JDP to the petitioner. A JDP shall not | 19 |
| become effective prior to the 31st
day of the original | 20 |
| statutory summary suspension and shall always be
subject to the | 21 |
| following criteria:
| 22 |
| 1. If ordered for the purposes of employment, the JDP | 23 |
| shall be only for
the purpose of providing the petitioner | 24 |
| the privilege of driving a motor
vehicle between the | 25 |
| petitioner's residence and the petitioner's place of
| 26 |
| employment and return; or within the scope of the | 27 |
| petitioner's employment
related duties, shall be effective | 28 |
| only during and limited to
those specific times and routes | 29 |
| actually
required to commute or perform the petitioner's | 30 |
| employment related duties.
| 31 |
| 2. The court, by a court order, may also direct the | 32 |
| Secretary
of State to issue a JDP to allow transportation | 33 |
| for the petitioner,
or a household member of the | 34 |
| petitioner's family, to receive alcohol, drug, or | 35 |
| intoxicating compound treatment or medical care, if the
| 36 |
| petitioner is able to
demonstrate that no alternative means |
|
|
|
SB2230 Engrossed |
- 22 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| of transportation is reasonably
available. Such JDP shall | 2 |
| be effective only during the specific
times actually | 3 |
| required to commute.
| 4 |
| 3. The court, by a court order, may also direct the | 5 |
| Secretary of State
to issue a JDP to allow transportation | 6 |
| by the petitioner for educational
purposes upon | 7 |
| demonstrating that there are no alternative means of
| 8 |
| transportation reasonably available to accomplish those | 9 |
| educational
purposes. Such JDP shall be only for the | 10 |
| purpose of providing
transportation to and from the | 11 |
| petitioner's residence and the petitioner's
place of | 12 |
| educational activity, and only during the specific times | 13 |
| and
routes actually required to commute or perform the | 14 |
| petitioner's educational
requirement.
| 15 |
| 4. The Court shall not issue an order granting a JDP | 16 |
| to:
| 17 |
| (i) Any person unless and until the court, after
| 18 |
| considering the results of a current professional | 19 |
| evaluation of the person's
alcohol or other drug use by | 20 |
| an agency pursuant to Section 15-10 of the
Alcoholism | 21 |
| and Other Drug Abuse and
Dependency Act and other | 22 |
| appropriate investigation of the
person, is satisfied | 23 |
| that granting the privilege of
driving a motor vehicle | 24 |
| on the highways will not endanger the public safety or
| 25 |
| welfare.
| 26 |
| (ii) Any person who has been convicted of reckless | 27 |
| homicide within
the previous 5 years.
| 28 |
| (iii) Any person whose privilege to operate a motor | 29 |
| vehicle
was invalid at the time of arrest for the | 30 |
| current violation of Section 11-501,
or a similar | 31 |
| provision of a local ordinance, except in cases where | 32 |
| the cause
for a driver's license suspension has been | 33 |
| removed at the time a JDP is
effective. In any case, | 34 |
| should the Secretary of State enter a suspension or
| 35 |
| revocation of driving privileges pursuant to the | 36 |
| provisions of this Code
while the JDP is in effect or |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| pending, the Secretary shall take the
prescribed | 2 |
| action and provide a notice to the person and the court | 3 |
| ordering
the issuance of the JDP that all driving | 4 |
| privileges, including those provided
by the issuance | 5 |
| of the JDP, have been withdrawn.
| 6 |
| (iv) Any person under the age of 18 years.
| 7 |
| (v) Any person for the operation of a commercial | 8 |
| motor vehicle if the person's CDL driving privileges | 9 |
| have been suspended under any provision of this Code in | 10 |
| accordance with 49 C.F.R. Part 384.
| 11 |
| (b) Prior to ordering the issuance of a JDP the Court | 12 |
| should consider at
least, but not be limited to, the following | 13 |
| issues:
| 14 |
| 1. Whether the person is employed and no other means of | 15 |
| commuting to the
place of employment is available or that | 16 |
| the person must drive as a
condition of employment. The | 17 |
| employer shall certify the hours of
employment and the need | 18 |
| and parameters necessary for driving as a
condition to | 19 |
| employment.
| 20 |
| 2. Whether the person must drive to secure alcohol or | 21 |
| other medical
treatment for himself or a family member.
| 22 |
| 3. Whether the person must drive for educational | 23 |
| purposes. The
educational institution shall certify the | 24 |
| person's enrollment in and
academic schedule at the | 25 |
| institution.
| 26 |
| 4. Whether the person has been repeatedly convicted of | 27 |
| traffic
violations or involved in motor vehicle accidents | 28 |
| to a degree which
indicates disrespect for public safety.
| 29 |
| 5. Whether the person has been convicted of a traffic | 30 |
| violation in
connection with a traffic accident resulting | 31 |
| in the death of any person
within the last 5 years.
| 32 |
| 6. Whether the person is likely to obey the limited | 33 |
| provisions of the
JDP.
| 34 |
| 7. Whether the person has any additional traffic | 35 |
| violations pending
in any court.
| 36 |
| For purposes of this Section, programs conducting |
|
|
|
SB2230 Engrossed |
- 24 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| professional
evaluations of a person's alcohol, other drug, or | 2 |
| intoxicating
compound use must report, to the
court of venue, | 3 |
| using a form prescribed by the Secretary of State. A copy
of | 4 |
| such evaluations shall be sent to the Secretary of State by the | 5 |
| court.
However, the evaluation information shall be privileged | 6 |
| and only available
to courts and to the Secretary of State, but | 7 |
| shall not be admissible in the
subsequent trial on the | 8 |
| underlying charge.
| 9 |
| (c) The scope of any court order issued for a JDP under | 10 |
| this Section
shall be limited to
the operation of a motor | 11 |
| vehicle as provided for in subsection (a) of
this Section and | 12 |
| shall specify the petitioner's residence, place of
employment | 13 |
| or location of educational institution, and the scope of job
| 14 |
| related duties, if relevant. The JDP shall also specify days of | 15 |
| the week
and specific hours
of the day when the petitioner is | 16 |
| able to exercise the limited privilege of
operating a motor | 17 |
| vehicle.
| 18 |
| (c-1) If the petitioner is issued a citation for a | 19 |
| violation of Section 6-303 during the period of a statutory | 20 |
| summary suspension entered under Section 11-501.1 of this Code, | 21 |
| or if the petitioner is charged with a violation of Section | 22 |
| 11-501 or a similar provision of a local ordinance or a similar | 23 |
| out of state offense which occurs after the current violation | 24 |
| of Section 11-501 or a similar provision of a local ordinance, | 25 |
| the court may not grant the petitioner a JDP unless the | 26 |
| petitioner is acquitted or the citation or complaint is | 27 |
| otherwise dismissed. | 28 |
| If the petitioner is issued a citation for a violation of | 29 |
| Section 6-303 or a violation of Section 11-501 or a similar | 30 |
| provision of a local ordinance or a similar out of state | 31 |
| offense during the term of the JDP, the officer issuing the | 32 |
| citation, or the law enforcement agency employing that officer, | 33 |
| shall confiscate the JDP and immediately send the JDP and | 34 |
| notice of the citation to the court that ordered the issuance | 35 |
| of the JDP. Within 10 days of receipt, the issuing court, upon | 36 |
| notice to the petitioner, shall conduct a hearing to consider |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| cancellation of the JDP. If the court enters an order of | 2 |
| cancellation, the court shall forward the order to the | 3 |
| Secretary of State, and the Secretary shall cancel the JDP and | 4 |
| notify the petitioner of the cancellation. If, however, the | 5 |
| petitioner is convicted of the offense before the JDP has been | 6 |
| cancelled, the court of venue shall send notice of conviction | 7 |
| to the court that ordered issuance of the JDP. The court | 8 |
| receiving the notice shall immediately enter an order of | 9 |
| cancellation and forward the order to the Secretary of State. | 10 |
| The Secretary shall cancel the JDP and notify the petitioner of | 11 |
| the cancellation. | 12 |
| If the petitioner is issued a citation for any other | 13 |
| traffic related offense during the term of the JDP, the officer | 14 |
| issuing the citation, or the law enforcement agency employing | 15 |
| that officer, shall send notice of the citation to the court | 16 |
| that ordered issuance of the JDP. Upon receipt and notice to | 17 |
| the petitioner and an opportunity for a hearing, the court | 18 |
| shall determine whether the violation constitutes grounds for | 19 |
| cancellation of the JDP. If the court enters an order of | 20 |
| cancellation, the court shall forward the order to the | 21 |
| Secretary of State, and the Secretary shall cancel the JDP and | 22 |
| shall notify the petitioner of the cancellation.
| 23 |
| (d) The Secretary of State shall, upon receiving a court | 24 |
| order
from the court of venue, issue a JDP to a successful | 25 |
| Petitioner under this
Section. Such court order form shall also | 26 |
| contain a notification, which
shall be sent to the Secretary of | 27 |
| State, providing the name, driver's
license number and legal | 28 |
| address of the successful petitioner, and the full
and detailed | 29 |
| description of the limitations of the JDP. This information
| 30 |
| shall be available only to the courts, police officers, and the | 31 |
| Secretary
of State, except during the actual period the JDP is | 32 |
| valid, during which
time it shall be a public record. The | 33 |
| Secretary of State shall design and
furnish to the courts an | 34 |
| official court order form to be used by the courts
when | 35 |
| directing the Secretary of State to issue a JDP.
| 36 |
| Any submitted court order that contains insufficient data |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| or fails to
comply with this Code shall not be utilized for JDP | 2 |
| issuance or entered to
the driver record but shall be returned | 3 |
| to the issuing court indicating why
the JDP cannot be so | 4 |
| entered. A notice of this action shall also be sent
to the JDP | 5 |
| petitioner by the Secretary of State.
| 6 |
| (e) The circuit court of venue may conduct the judicial | 7 |
| hearing, as
provided in Section 2-118.1, and the JDP hearing | 8 |
| provided in this Section,
concurrently. Such concurrent | 9 |
| hearing shall proceed in the court in the
same manner as in | 10 |
| other civil proceedings.
| 11 |
| (f) The circuit court of venue may, as a condition of the | 12 |
| issuance of
a JDP, prohibit the person from operating a motor | 13 |
| vehicle not equipped with an
ignition interlock device.
| 14 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | 15 |
| revised 8-19-05.)
| 16 |
| (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
| 17 |
| Sec. 6-301.2. Fraudulent driver's license or permit.
| 18 |
| (a) (Blank).
| 19 |
| (b) It is a violation of this Section for any person:
| 20 |
| 1. To knowingly possess any fraudulent driver's | 21 |
| license or permit;
| 22 |
| 2. To knowingly possess, display or cause to be | 23 |
| displayed any
fraudulent driver's license or permit for the | 24 |
| purpose of obtaining any
account, credit, credit card or | 25 |
| debit card from a bank, financial
institution or retail | 26 |
| mercantile establishment;
| 27 |
| 3. To knowingly possess any fraudulent driver's | 28 |
| license or permit with
the intent to commit a theft, | 29 |
| deception or credit or debit card fraud in
violation of any | 30 |
| law of this State or any law of any other jurisdiction;
| 31 |
| 4. To knowingly possess any fraudulent driver's | 32 |
| license or permit with
the intent to commit any other | 33 |
| violation of any laws of this State or any
law of any other | 34 |
| jurisdiction for which a sentence to a term of
imprisonment | 35 |
| in a penitentiary for one year or more is provided;
|
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| 5. To knowingly possess any fraudulent driver's | 2 |
| license or permit while
in unauthorized possession of any | 3 |
| document, instrument or device capable of
defrauding | 4 |
| another;
| 5 |
| 6. To knowingly possess any fraudulent driver's | 6 |
| license or permit with
the intent to use the license or | 7 |
| permit to acquire any other identification
document;
| 8 |
| 7. To knowingly possess without authority any driver's | 9 |
| license-making or
permit-making implement;
| 10 |
| 8. To knowingly possess any stolen driver's | 11 |
| license-making or
permit-making implement or to possess, | 12 |
| use, or allow to be used any
materials, hardware, or | 13 |
| software specifically designed for or primarily used in
the | 14 |
| manufacture, assembly, issuance, or authentication of an | 15 |
| official driver's
license or permit issued by the Secretary | 16 |
| of State;
| 17 |
| 9. To knowingly duplicate, manufacture, sell or | 18 |
| transfer any
fraudulent driver's license or permit;
| 19 |
| 10. To advertise or distribute any information or | 20 |
| materials that promote
the selling, giving, or furnishing | 21 |
| of a fraudulent driver's license or
permit;
| 22 |
| 11. To knowingly use any fraudulent driver's license or | 23 |
| permit to
purchase or attempt to purchase any ticket for a | 24 |
| common carrier or to board or
attempt to board any common | 25 |
| carrier. As used in this Section, "common carrier"
means | 26 |
| any public or private provider of transportation, whether | 27 |
| by land, air,
or water;
| 28 |
| 12. To knowingly possess any fraudulent driver's | 29 |
| license or permit if the
person has at the time a different | 30 |
| driver's license issued by the Secretary of
State or | 31 |
| another official driver's license agency in another | 32 |
| jurisdiction that
is suspended or revoked.
| 33 |
| (b-1) It is a violation of this Section for any person to | 34 |
| possess, use, or allow to be used any materials, hardware, or | 35 |
| software specifically designed for or primarily used in the | 36 |
| reading of encrypted language from the bar code or magnetic |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| strip of an official Illinois driver's license
Identification | 2 |
| Card or Illinois Disabled Person Identification Card issued by | 3 |
| the Secretary of State. This subsection (b-1) does not apply if | 4 |
| a federal or State law, rule, or regulation requires that the | 5 |
| card holder's address be recorded in specified transactions or | 6 |
| if the encrypted information is obtained for the detection or | 7 |
| possible prosecution of criminal offenses or fraud. If the | 8 |
| address information is obtained under this subsection (b-1), it | 9 |
| may be used only for the purposes authorized by this subsection | 10 |
| (b-1).
| 11 |
| (c) Sentence.
| 12 |
| 1. Any person convicted of a violation of paragraph 1 | 13 |
| of subsection
(b) of this Section shall be guilty of a | 14 |
| Class 4 felony and shall be
sentenced to a minimum fine of | 15 |
| $500 or 50 hours of community service,
preferably at an
| 16 |
| alcohol abuse prevention program, if available.
| 17 |
| 2. Any person convicted of a violation of any of | 18 |
| paragraphs 2 through
9 or paragraph 11 or 12 of
subsection
| 19 |
| (b) of this Section or a violation of subsection (b-1) of | 20 |
| this Section shall be guilty of a Class 4 felony. A person
| 21 |
| convicted of a second or subsequent violation shall be | 22 |
| guilty of a Class 3
felony.
| 23 |
| 3. Any person convicted of a violation of paragraph 10 | 24 |
| of subsection
(b) of this Section shall be guilty of a | 25 |
| Class B misdemeanor.
| 26 |
| (d) This Section does not prohibit any lawfully authorized
| 27 |
| investigative, protective, law enforcement or other activity | 28 |
| of any agency
of the United States, State of Illinois or any | 29 |
| other state or political
subdivision thereof.
| 30 |
| (e) The Secretary may request the Attorney General to seek | 31 |
| a
restraining order in the circuit court against any person who | 32 |
| violates this
Section by advertising fraudulent driver's | 33 |
| licenses or permits.
| 34 |
| (Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; | 35 |
| 94-239, eff. 1-1-06.)
|
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| 2 |
| Sec. 6-507. Commercial Driver's License (CDL) Required.
| 3 |
| (a) Except as expressly permitted by this UCDLA, or when | 4 |
| driving
pursuant to the issuance of a commercial driver | 5 |
| instruction permit and
accompanied by the holder of a CDL valid | 6 |
| for the vehicle being driven; no
person shall drive a | 7 |
| commercial motor vehicle on the highways without: | 8 |
| (1) a CDL in the driver's possession; | 9 |
| (2) having obtained a CDL; or | 10 |
| (3) the proper class of CDL or endorsements or both for | 11 |
| the specific vehicle group being operated or for the | 12 |
| passengers or type of cargo being transported.
| 13 |
| (b) Except as otherwise provided by this Code, no person | 14 |
| may drive a
commercial motor vehicle on the highways while such | 15 |
| person's driving
privilege, license or permit is:
| 16 |
| (1) Suspended, revoked, cancelled, or subject to
| 17 |
| disqualification. Any person convicted of violating this | 18 |
| provision or a
similar provision of this or any other state | 19 |
| shall have their driving
privileges revoked under | 20 |
| paragraph 12 of subsection (a) of Section 6-205 of
this | 21 |
| Code.
| 22 |
| (2) Subject to or in violation of an "out-of-service"
| 23 |
| order. Any person who has been issued a CDL and is | 24 |
| convicted of violating
this provision or a similar | 25 |
| provision of any other state shall be disqualified
from | 26 |
| operating a commercial motor vehicle under subsection (i) | 27 |
| of Section 6-514
of this Code.
| 28 |
| (3) Subject to or in violation of an "out of service" | 29 |
| order and
while transporting passengers or hazardous | 30 |
| materials. Any person who has been
issued a CDL and is | 31 |
| convicted of violating this provision or a similar
| 32 |
| provision of this or any other state shall be disqualified | 33 |
| from operating a
commercial motor vehicle under subsection | 34 |
| (i) of Section 6-514 of this Code.
| 35 |
| (c) Pursuant to the options provided to the States by FHWA | 36 |
| Docket No.
MC-88-8, the driver of any motor vehicle controlled |
|
|
|
SB2230 Engrossed |
- 30 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| or operated by or for a
farmer is waived from the requirements | 2 |
| of this Section, when such motor
vehicle is being used to | 3 |
| transport: agricultural products; implements of
husbandry; or | 4 |
| farm supplies; as long as such movement is not over 150 air
| 5 |
| miles from the originating farm. This waiver does not apply to
| 6 |
| the driver of any motor vehicle
being used in a common or | 7 |
| contract carrier type operation.
However, for those drivers of | 8 |
| any truck-tractor
semitrailer combination or combinations | 9 |
| registered under subsection (c) of
Section 3-815 of this Code, | 10 |
| this waiver shall apply only when the
driver is a farmer or a | 11 |
| member of the farmer's family and the driver is 21
years
of age | 12 |
| or more and has successfully completed any
tests the Secretary | 13 |
| of State deems necessary.
| 14 |
| In addition, the farmer or a member of the farmer's family | 15 |
| who operates a
truck-tractor semitrailer combination or | 16 |
| combinations pursuant to this waiver
shall be granted all of | 17 |
| the rights and shall be subject to all of the duties
and | 18 |
| restrictions with respect to Sections 6-514 and 6-515 of this | 19 |
| Code
applicable to the driver who possesses a commercial | 20 |
| driver's license issued
under this Code, except that the driver | 21 |
| shall not be subject to any additional
duties or restrictions | 22 |
| contained
in Part 382 of the Federal Motor Carrier Safety | 23 |
| Regulations that are
not otherwise imposed under Section 6-514 | 24 |
| or 6-515 of this Code.
| 25 |
| For purposes of this subsection (c), a member of the | 26 |
| farmer's family is a
natural or in-law spouse, child, parent, | 27 |
| or sibling.
| 28 |
| (c-5) An employee of a township or road district with a | 29 |
| population of
less
than 3,000 operating a vehicle within the | 30 |
| boundaries of the township or road
district for the purpose of | 31 |
| removing snow or ice from a roadway by plowing,
sanding, or | 32 |
| salting is waived from the requirements of this Section when | 33 |
| the
employee is needed to operate the vehicle because the | 34 |
| employee of the township
or road district who ordinarily | 35 |
| operates the vehicle and who has a commercial
driver's license | 36 |
| is unable to operate the vehicle or is in need of additional
|
|
|
|
SB2230 Engrossed |
- 31 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| assistance due to a snow emergency.
| 2 |
| (d) Any person convicted of violating this Section, shall | 3 |
| be guilty of a
Class A misdemeanor.
| 4 |
| (e) Any person convicted of violating paragraph (b) of this | 5 |
| Section,
shall have all driving privileges revoked by the | 6 |
| Secretary of State.
| 7 |
| (f) This Section shall not apply to:
| 8 |
| (1) A person who currently holds a valid Illinois | 9 |
| driver's license,
for the type of vehicle being operated, | 10 |
| until the expiration of such
license or April 1, 1992, | 11 |
| whichever is earlier; or
| 12 |
| (2) A non-Illinois domiciliary who is properly | 13 |
| licensed in another
State, until April 1, 1992. A | 14 |
| non-Illinois domiciliary, if such
domiciliary is properly | 15 |
| licensed in another State or foreign jurisdiction,
until | 16 |
| April 1, 1992.
| 17 |
| (Source: P.A. 94-307, eff. 9-30-05.)
| 18 |
| (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 19 |
| Sec. 6-514. Commercial Driver's License (CDL) - | 20 |
| Disqualifications.
| 21 |
| (a) A person shall be disqualified from driving a | 22 |
| commercial motor
vehicle for a period of not less than 12 | 23 |
| months for the first violation of:
| 24 |
| (1) Refusing to submit to or failure to complete a test | 25 |
| or tests to
determine the driver's blood concentration of | 26 |
| alcohol, other drug, or both,
while driving a commercial | 27 |
| motor vehicle or, if the driver is a CDL holder, while | 28 |
| driving a non-CMV; or
| 29 |
| (2) Operating a commercial motor vehicle while the | 30 |
| alcohol
concentration of the person's blood, breath or | 31 |
| urine is at least 0.04, or any
amount of a drug, substance, | 32 |
| or compound in the person's blood or urine
resulting from | 33 |
| the unlawful use or consumption of cannabis listed in the
| 34 |
| Cannabis Control Act or a controlled substance listed in | 35 |
| the Illinois
Controlled Substances Act as indicated by a |
|
|
|
SB2230 Engrossed |
- 32 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| police officer's sworn report or
other verified evidence; | 2 |
| or operating a non-commercial motor vehicle while the | 3 |
| alcohol concentration of the person's blood, breath, or | 4 |
| urine was above the legal limit defined in Section 11-501.1 | 5 |
| or 11-501.8 or any amount of a drug, substance, or compound | 6 |
| in the person's blood or urine resulting from the unlawful | 7 |
| use or consumption of cannabis listed in the Cannabis | 8 |
| Control Act or a controlled substance listed in the | 9 |
| Illinois Controlled Substances Act as indicated by a police | 10 |
| officer's sworn report or other verified evidence while | 11 |
| holding a commercial driver's license; or
| 12 |
| (3) Conviction for a first violation of:
| 13 |
| (i) Driving a commercial motor vehicle or, if the | 14 |
| driver is a CDL holder, driving a non-CMV while under | 15 |
| the influence of
alcohol, or any other drug, or | 16 |
| combination of drugs to a degree which
renders such | 17 |
| person incapable of safely driving; or
| 18 |
| (ii) Knowingly and wilfully leaving the scene of an | 19 |
| accident while
operating a commercial motor vehicle | 20 |
| or, if the driver is a CDL holder, while driving a | 21 |
| non-CMV; or
| 22 |
| (iii) Driving a commercial motor vehicle or, if the | 23 |
| driver is a CDL holder, driving a non-CMV while | 24 |
| committing any felony; or | 25 |
| (iv) Driving a commercial motor vehicle while the | 26 |
| person's driving privileges or driver's license or | 27 |
| permit
if, as a result of prior violations committed | 28 |
| while operating a commercial motor vehicle, the | 29 |
| driver's CDL is revoked, suspended, or cancelled or the | 30 |
| driver is disqualified from operating a commercial | 31 |
| motor vehicle; or | 32 |
| (v) Causing a fatality through the negligent | 33 |
| operation of a commercial motor vehicle, including but | 34 |
| not limited to the crimes of motor vehicle | 35 |
| manslaughter, homicide by a motor vehicle, and | 36 |
| negligent homicide. |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| As used in this subdivision (a)(3)(v), "motor | 2 |
| vehicle manslaughter" means the offense of involuntary | 3 |
| manslaughter if committed by means of a vehicle; | 4 |
| "homicide by a motor vehicle" means the offense of | 5 |
| first degree murder or second degree murder, if either | 6 |
| offense is committed by means of a vehicle; and | 7 |
| "negligent homicide" means reckless homicide
reckless | 8 |
| driving under Section 9-3 of the Criminal Code of 1961 | 9 |
| and aggravated driving under the influence of alcohol, | 10 |
| other drug or drugs, intoxicating compound or | 11 |
| compounds, or any combination thereof under | 12 |
| subdivision (d)(1)(F) of Section 11-501 of this Code.
| 13 |
| If any of the above violations or refusals occurred | 14 |
| while
transporting hazardous material(s) required to be | 15 |
| placarded, the person
shall be disqualified for a period of | 16 |
| not less than 3 years.
| 17 |
| (b) A person is disqualified for life for a second | 18 |
| conviction of any of
the offenses specified in paragraph (a), | 19 |
| or any combination of those
offenses, arising from 2 or more | 20 |
| separate incidents.
| 21 |
| (c) A person is disqualified from driving a commercial | 22 |
| motor vehicle for
life if the person either (i) uses a | 23 |
| commercial motor vehicle in the commission of any felony
| 24 |
| involving the manufacture, distribution, or dispensing of a | 25 |
| controlled
substance, or possession with intent to | 26 |
| manufacture, distribute or dispense
a controlled substance or | 27 |
| (ii) if the person is a CDL holder, uses a non-CMV in the | 28 |
| commission of a felony involving any of those activities.
| 29 |
| (d) The Secretary of State may, when the United States | 30 |
| Secretary of
Transportation so authorizes, issue regulations | 31 |
| in which a disqualification
for life under paragraph (b) may be | 32 |
| reduced to a period of not less than 10
years.
If a reinstated | 33 |
| driver is subsequently convicted of another disqualifying
| 34 |
| offense, as specified in subsection (a) of this Section, he or | 35 |
| she shall be
permanently disqualified for life and shall be | 36 |
| ineligible to again apply for a
reduction of the lifetime |
|
|
|
SB2230 Engrossed |
- 34 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| disqualification.
| 2 |
| (e) A person is disqualified from driving a commercial | 3 |
| motor vehicle for
a period of not less than 2 months if | 4 |
| convicted of 2 serious traffic
violations, committed in a | 5 |
| commercial motor vehicle, arising from separate
incidents, | 6 |
| occurring within a 3 year period. However, a person will be
| 7 |
| disqualified from driving a commercial motor vehicle for a | 8 |
| period of not less
than 4 months if convicted of 3 serious | 9 |
| traffic violations, committed in a
commercial motor vehicle, | 10 |
| arising from separate incidents, occurring within a 3
year | 11 |
| period.
| 12 |
| (e-1) A person is disqualified from driving a commercial | 13 |
| motor vehicle for a period of not less than 2 months if | 14 |
| convicted of 2 serious traffic violations committed in a | 15 |
| non-CMV while holding a CDL, arising from separate incidents, | 16 |
| occurring within a 3 year period, if the convictions would | 17 |
| result in the suspension or revocation of the CDL holder's | 18 |
| non-CMV privileges. A person shall be disqualified from driving | 19 |
| a commercial motor vehicle for a period of not less than 4 | 20 |
| months, however, if he or she is convicted of 3 or more serious | 21 |
| traffic violations committed in a non-CMV while holding a CDL, | 22 |
| arising from separate incidents, occurring within a 3 year | 23 |
| period, if the convictions would result in the suspension or | 24 |
| revocation of the CDL holder's non-CMV privileges.
| 25 |
| (f) Notwithstanding any other provision of this Code, any | 26 |
| driver
disqualified from operating a commercial motor vehicle, | 27 |
| pursuant to this
UCDLA, shall not be eligible for restoration | 28 |
| of commercial driving
privileges during any such period of | 29 |
| disqualification.
| 30 |
| (g) After suspending, revoking, or cancelling a commercial | 31 |
| driver's
license, the Secretary of State must update the | 32 |
| driver's records to reflect
such action within 10 days. After | 33 |
| suspending or revoking the driving privilege
of any person who | 34 |
| has been issued a CDL or commercial driver instruction permit
| 35 |
| from another jurisdiction, the Secretary shall originate | 36 |
| notification to
such issuing jurisdiction within 10 days.
|
|
|
|
SB2230 Engrossed |
- 35 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| (h) The "disqualifications" referred to in this Section | 2 |
| shall not be
imposed upon any commercial motor vehicle driver, | 3 |
| by the Secretary of
State, unless the prohibited action(s) | 4 |
| occurred after March 31, 1992.
| 5 |
| (i) A person is disqualified from driving a commercial | 6 |
| motor vehicle in
accordance with the following:
| 7 |
| (1) For 6 months upon a first conviction of paragraph | 8 |
| (2) of subsection
(b) of Section 6-507 of this Code.
| 9 |
| (2) For one year upon a second conviction of paragraph | 10 |
| (2) of subsection
(b) of Section 6-507 of this Code within | 11 |
| a 10-year period.
| 12 |
| (3) For 3 years upon a third or subsequent conviction | 13 |
| of paragraph (2) of
subsection (b) of Section 6-507 of this | 14 |
| Code within a 10-year period.
| 15 |
| (4) For one year upon a first conviction of paragraph | 16 |
| (3) of subsection
(b) of Section 6-507 of this Code.
| 17 |
| (5) For 3 years upon a second conviction of paragraph | 18 |
| (3) of subsection
(b) of Section 6-507 of this Code within | 19 |
| a 10-year period.
| 20 |
| (6) For 5 years upon a third or subsequent conviction | 21 |
| of paragraph (3) of
subsection (b) of Section 6-507 of this | 22 |
| Code within a 10-year period.
| 23 |
| (j) Disqualification for railroad-highway grade crossing
| 24 |
| violation.
| 25 |
| (1) General rule. A driver who is convicted of a | 26 |
| violation of a federal,
State, or
local law or regulation | 27 |
| pertaining to
one of the following 6 offenses at a | 28 |
| railroad-highway grade crossing must be
disqualified
from | 29 |
| operating a commercial motor vehicle for the period of time | 30 |
| specified in
paragraph (2) of this subsection (j) if the | 31 |
| offense was committed while
operating a commercial motor | 32 |
| vehicle:
| 33 |
| (i) For drivers who are not required to always | 34 |
| stop, failing to
slow down and check that the tracks | 35 |
| are clear of an approaching train, as
described in | 36 |
| subsection (a-5) of Section 11-1201 of this Code;
|
|
|
|
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|
| 1 |
| (ii) For drivers who are not required to always | 2 |
| stop, failing to
stop before reaching the crossing, if | 3 |
| the tracks are not clear, as described in
subsection | 4 |
| (a) of Section 11-1201 of this Code;
| 5 |
| (iii) For drivers who are always required to stop, | 6 |
| failing to stop
before driving onto the crossing, as | 7 |
| described in Section 11-1202 of this Code;
| 8 |
| (iv) For all drivers, failing to have sufficient | 9 |
| space to drive
completely through the crossing without | 10 |
| stopping, as described in subsection
(b) of Section | 11 |
| 11-1425 of this Code;
| 12 |
| (v) For all drivers, failing to obey a traffic | 13 |
| control device or
the directions of an enforcement | 14 |
| official at the crossing, as described in
subdivision | 15 |
| (a)2 of Section 11-1201 of this Code;
| 16 |
| (vi) For all drivers, failing to negotiate a | 17 |
| crossing because of
insufficient undercarriage | 18 |
| clearance, as described in subsection (d-1) of
Section | 19 |
| 11-1201 of this Code.
| 20 |
| (2) Duration of disqualification for railroad-highway | 21 |
| grade
crossing violation.
| 22 |
| (i) First violation. A driver must be disqualified | 23 |
| from operating a
commercial motor vehicle
for not less | 24 |
| than 60 days if the driver is convicted of a violation | 25 |
| described
in paragraph
(1) of this subsection (j) and, | 26 |
| in the three-year period preceding the
conviction, the | 27 |
| driver
had no convictions for a violation described in | 28 |
| paragraph (1) of this
subsection (j).
| 29 |
| (ii) Second violation. A driver must be | 30 |
| disqualified from operating a
commercial
motor vehicle
| 31 |
| for not less
than 120 days if the driver is convicted
| 32 |
| of a violation described in paragraph (1) of this | 33 |
| subsection (j) and, in the
three-year
period preceding | 34 |
| the conviction, the driver had one other conviction for | 35 |
| a
violation
described in paragraph (1) of this | 36 |
| subsection (j) that was committed in a
separate
|
|
|
|
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|
| 1 |
| incident.
| 2 |
| (iii) Third or subsequent violation. A driver must | 3 |
| be disqualified from
operating a
commercial motor | 4 |
| vehicle
for not less than one year if the driver is | 5 |
| convicted
of a violation described in paragraph (1) of | 6 |
| this subsection (j) and, in the
three-year
period | 7 |
| preceding the conviction, the driver had 2 or more | 8 |
| other convictions for
violations
described in | 9 |
| paragraph (1) of this subsection (j) that were | 10 |
| committed in
separate incidents.
| 11 |
| (k) Upon notification of a disqualification of a driver's | 12 |
| commercial motor vehicle privileges imposed by the U.S. | 13 |
| Department of Transportation, Federal Motor Carrier Safety | 14 |
| Administration, in accordance with 49 C.F.R. 383.52, the | 15 |
| Secretary of State shall immediately record to the driving | 16 |
| record the notice of disqualification and confirm to the driver | 17 |
| the action that has been taken.
| 18 |
| (Source: P.A. 94-307, eff. 9-30-05.)
| 19 |
| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 20 |
| Sec. 11-208.3. Administrative adjudication of violations | 21 |
| of traffic
regulations concerning the standing, parking, or | 22 |
| condition of
vehicles.
| 23 |
| (a) Any municipality may provide by ordinance for a system | 24 |
| of
administrative adjudication of vehicular standing and | 25 |
| parking violations and
vehicle compliance violations as | 26 |
| defined in this subsection.
The administrative system shall | 27 |
| have as its purpose the fair and
efficient enforcement of | 28 |
| municipal regulations through the
administrative adjudication | 29 |
| of violations of municipal ordinances
regulating the standing | 30 |
| and parking of vehicles, the condition and use of
vehicle | 31 |
| equipment, and the display of municipal wheel tax licenses | 32 |
| within the
municipality's
borders. The administrative system | 33 |
| shall only have authority to adjudicate
civil offenses carrying | 34 |
| fines not in excess of $250 that occur after the
effective date | 35 |
| of the ordinance adopting such a system under this Section.
For |
|
|
|
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|
| 1 |
| purposes of this Section, "compliance violation" means a | 2 |
| violation of a
municipal regulation governing the condition or | 3 |
| use of equipment on a vehicle
or governing the display of a | 4 |
| municipal wheel tax license.
| 5 |
| (b) Any ordinance establishing a system of administrative | 6 |
| adjudication
under this Section shall provide for:
| 7 |
| (1) A traffic compliance administrator authorized to
| 8 |
| adopt, distribute and
process parking and compliance | 9 |
| violation notices and other notices required
by this
| 10 |
| Section, collect money paid as fines and penalties for | 11 |
| violation of parking
and compliance
ordinances, and | 12 |
| operate an administrative adjudication system. The traffic
| 13 |
| compliance
administrator also may make a certified report | 14 |
| to the Secretary of State
under Section 6-306.5.
| 15 |
| (2) A parking, standing, or compliance violation | 16 |
| notice
that
shall specify the date,
time, and place of | 17 |
| violation of a parking, standing, or compliance
| 18 |
| regulation; the particular regulation
violated; the fine | 19 |
| and any penalty that may be assessed for late payment,
when | 20 |
| so provided by ordinance; the vehicle make and state | 21 |
| registration
number; and the identification number of the
| 22 |
| person issuing the notice.
With regard to municipalities | 23 |
| with a population of 1 million or more, it
shall be grounds | 24 |
| for
dismissal of a parking
violation if the State | 25 |
| registration number or vehicle make specified is
| 26 |
| incorrect. The violation notice shall state that the | 27 |
| payment of the indicated
fine, and of any applicable | 28 |
| penalty for late payment, shall operate as a
final | 29 |
| disposition of the violation. The notice also shall contain
| 30 |
| information as to the availability of a hearing in which | 31 |
| the violation may
be contested on its merits. The violation | 32 |
| notice shall specify the
time and manner in which a hearing | 33 |
| may be had.
| 34 |
| (3) Service of the parking, standing, or compliance
| 35 |
| violation notice by affixing the
original or a facsimile of | 36 |
| the notice to an unlawfully parked vehicle or by
handing |
|
|
|
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|
| 1 |
| the notice to the operator of a vehicle if he or she is
| 2 |
| present. A person authorized by ordinance to issue and | 3 |
| serve parking,
standing, and compliance
violation notices | 4 |
| shall certify as to the correctness of the facts entered
on | 5 |
| the violation notice by signing his or her name to the | 6 |
| notice at
the time of service or in the case of a notice | 7 |
| produced by a computerized
device, by signing a single | 8 |
| certificate to be kept by the traffic
compliance
| 9 |
| administrator attesting to the correctness of all notices | 10 |
| produced by the
device while it was under his or her | 11 |
| control. The original or a
facsimile of the violation | 12 |
| notice or, in the case of a notice produced by a
| 13 |
| computerized device, a printed record generated by the | 14 |
| device showing the facts
entered on the notice, shall be | 15 |
| retained by the
traffic compliance
administrator, and | 16 |
| shall be a record kept in the ordinary course of
business. | 17 |
| A parking, standing, or compliance violation notice | 18 |
| issued,
signed and served in
accordance with this Section, | 19 |
| a copy of the notice, or the computer
generated record | 20 |
| shall be prima facie
correct and shall be prima facie | 21 |
| evidence of the correctness of the facts
shown on the | 22 |
| notice. The notice, copy, or computer generated
record | 23 |
| shall be admissible in any
subsequent administrative or | 24 |
| legal proceedings.
| 25 |
| (4) An opportunity for a hearing for the registered | 26 |
| owner of the
vehicle cited in the parking, standing, or | 27 |
| compliance violation notice in
which the owner may
contest | 28 |
| the merits of the alleged violation, and during which | 29 |
| formal or
technical rules of evidence shall not apply; | 30 |
| provided, however, that under
Section 11-1306 of this Code | 31 |
| the lessee of a vehicle cited in the
violation notice | 32 |
| likewise shall be provided an opportunity for a hearing of
| 33 |
| the same kind afforded the registered owner. The hearings | 34 |
| shall be
recorded, and the person conducting the hearing on | 35 |
| behalf of the traffic
compliance
administrator shall be | 36 |
| empowered to administer oaths and to secure by
subpoena |
|
|
|
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LRB094 17721 DRH 53020 b |
|
| 1 |
| both the attendance and testimony of witnesses and the | 2 |
| production
of relevant books and papers. Persons appearing | 3 |
| at a hearing under this
Section may be represented by | 4 |
| counsel at their expense. The ordinance may
also provide | 5 |
| for internal administrative review following the decision | 6 |
| of
the hearing officer.
| 7 |
| (5) Service of additional notices, sent by first class | 8 |
| United States
mail, postage prepaid, to the address of the | 9 |
| registered owner of the cited
vehicle as recorded with the | 10 |
| Secretary of State or, if any notice to that address is | 11 |
| returned as undeliverable, to the last known address | 12 |
| recorded in a United States Post Office approved database,
| 13 |
| or, under Section 11-1306
of this Code, to the lessee of | 14 |
| the cited vehicle at the last address known
to the lessor | 15 |
| of the cited vehicle at the time of lease or, if any notice | 16 |
| to that address is returned as undeliverable, to the last | 17 |
| known address recorded in a United States Post Office | 18 |
| approved database.
The service shall
be deemed complete as | 19 |
| of the date of deposit in the United States mail.
The | 20 |
| notices shall be in the following sequence and shall | 21 |
| include but not be
limited to the information specified | 22 |
| herein:
| 23 |
| (i) A second notice of violation. This notice shall | 24 |
| specify the
date and location of the violation cited in | 25 |
| the parking,
standing,
or compliance violation
notice, | 26 |
| the particular regulation violated, the vehicle
make | 27 |
| and state registration number, the fine and any penalty | 28 |
| that may be
assessed for late payment when so provided | 29 |
| by ordinance, the availability
of a hearing in which | 30 |
| the violation may be contested on its merits, and the
| 31 |
| time and manner in which the hearing may be had. The | 32 |
| notice of violation
shall also state that failure | 33 |
| either to pay the indicated fine and any
applicable | 34 |
| penalty, or to appear at a hearing on the merits in the | 35 |
| time and
manner specified, will result in a final | 36 |
| determination of violation
liability for the cited |
|
|
|
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LRB094 17721 DRH 53020 b |
|
| 1 |
| violation in the amount of the fine or penalty
| 2 |
| indicated, and that, upon the occurrence of a final | 3 |
| determination of violation liability for the failure, | 4 |
| and the exhaustion of, or
failure to exhaust, available | 5 |
| administrative or judicial procedures for
review, any | 6 |
| unpaid fine or penalty will constitute a debt due and | 7 |
| owing
the municipality.
| 8 |
| (ii) A notice of final determination of parking, | 9 |
| standing, or
compliance violation liability.
This | 10 |
| notice shall be sent following a final determination of | 11 |
| parking,
standing, or compliance
violation liability | 12 |
| and the conclusion of judicial review procedures taken
| 13 |
| under this Section. The notice shall state that the | 14 |
| unpaid fine or
penalty is a debt due and owing the | 15 |
| municipality. The notice shall contain
warnings that | 16 |
| failure to pay any fine or penalty due and owing the
| 17 |
| municipality within the time specified may result in | 18 |
| the municipality's
filing of a petition in the Circuit | 19 |
| Court to have the unpaid
fine or penalty rendered a | 20 |
| judgment as provided by this Section, or may
result in | 21 |
| suspension of the person's drivers license for failure | 22 |
| to pay
fines or penalties for 10 or more parking | 23 |
| violations under Section 6-306.5.
| 24 |
| (6) A Notice of impending drivers license suspension. | 25 |
| This
notice shall be sent to the person liable for any fine | 26 |
| or penalty that
remains due and owing on 10 or more parking
| 27 |
| violations. The notice
shall state that failure to pay the | 28 |
| fine or penalty owing within 45 days of
the notice's date | 29 |
| will result in the municipality notifying the Secretary
of | 30 |
| State that the person is eligible for initiation of | 31 |
| suspension
proceedings under Section 6-306.5 of this Code. | 32 |
| The notice shall also state
that the person may obtain a | 33 |
| photostatic copy of an original ticket imposing a
fine or | 34 |
| penalty by sending a self addressed, stamped envelope to | 35 |
| the
municipality along with a request for the photostatic | 36 |
| copy.
The notice of impending
drivers license suspension |
|
|
|
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LRB094 17721 DRH 53020 b |
|
| 1 |
| shall be sent by first class United States mail,
postage | 2 |
| prepaid, to the address recorded with the Secretary of | 3 |
| State or, if any notice to that address is returned as | 4 |
| undeliverable, to the last known address recorded in a | 5 |
| United States Post Office approved database.
| 6 |
| (7) Final determinations of violation liability. A | 7 |
| final
determination of violation liability shall occur | 8 |
| following failure
to pay the fine or penalty after a | 9 |
| hearing officer's determination of violation liability and | 10 |
| the exhaustion of or failure to exhaust any
administrative | 11 |
| review procedures provided by ordinance. Where a person
| 12 |
| fails to appear at a hearing to contest the alleged | 13 |
| violation in the time
and manner specified in a prior | 14 |
| mailed notice, the hearing officer's
determination of | 15 |
| violation liability shall become final: (A) upon
denial of | 16 |
| a timely petition to set aside that determination, or (B) | 17 |
| upon
expiration of the period for filing the petition | 18 |
| without a
filing having been made.
| 19 |
| (8) A petition to set aside a determination of parking, | 20 |
| standing, or
compliance violation
liability that may be | 21 |
| filed by a person owing an unpaid fine or penalty.
The | 22 |
| petition shall be filed with and ruled upon by the traffic | 23 |
| compliance
administrator in the manner and within the time | 24 |
| specified by ordinance.
The grounds for the petition may be | 25 |
| limited to: (A) the person not having
been the owner or | 26 |
| lessee of the cited vehicle on the date the
violation | 27 |
| notice was issued, (B) the person having already paid the | 28 |
| fine or
penalty for the violation in question, and (C) | 29 |
| excusable failure to
appear at or
request a new date for a | 30 |
| hearing.
With regard to municipalities with a population of | 31 |
| 1 million or more, it
shall be grounds for
dismissal of a
| 32 |
| parking violation if the State registration number or | 33 |
| vehicle make specified is
incorrect. After the | 34 |
| determination of
parking, standing, or compliance | 35 |
| violation liability has been set aside
upon a showing of | 36 |
| just
cause, the registered owner shall be provided with a |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| hearing on the merits
for that violation.
| 2 |
| (9) Procedures for non-residents. Procedures by which | 3 |
| persons who are
not residents of the municipality may | 4 |
| contest the merits of the alleged
violation without | 5 |
| attending a hearing.
| 6 |
| (10) A schedule of civil fines for violations of | 7 |
| vehicular standing,
parking, and compliance regulations | 8 |
| enacted by ordinance pursuant to this
Section, and a
| 9 |
| schedule of penalties for late payment of the fines, | 10 |
| provided, however,
that the total amount of the fine and | 11 |
| penalty for any one violation shall
not exceed
$250 , except | 12 |
| as provided in subsection (c) of Section 11-1301.3 of this | 13 |
| Code .
| 14 |
| (11) Other provisions as are necessary and proper to | 15 |
| carry into
effect the powers granted and purposes stated in | 16 |
| this Section.
| 17 |
| (c) Any municipality establishing vehicular standing, | 18 |
| parking,
and compliance
regulations under this Section may also | 19 |
| provide by ordinance for a
program of vehicle immobilization | 20 |
| for the purpose of facilitating
enforcement of those | 21 |
| regulations. The program of vehicle
immobilization shall | 22 |
| provide for immobilizing any eligible vehicle upon the
public | 23 |
| way by presence of a restraint in a manner to prevent operation | 24 |
| of
the vehicle. Any ordinance establishing a program of vehicle
| 25 |
| immobilization under this Section shall provide:
| 26 |
| (1) Criteria for the designation of vehicles eligible | 27 |
| for
immobilization. A vehicle shall be eligible for | 28 |
| immobilization when the
registered owner of the vehicle has | 29 |
| accumulated the number of unpaid final
determinations of | 30 |
| parking, standing, or compliance violation liability as
| 31 |
| determined by ordinance.
| 32 |
| (2) A notice of impending vehicle immobilization and a | 33 |
| right to a
hearing to challenge the validity of the notice | 34 |
| by disproving liability
for the unpaid final | 35 |
| determinations of parking, standing, or compliance
| 36 |
| violation liability listed
on the notice.
|
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| (3) The right to a prompt hearing after a vehicle has | 2 |
| been immobilized
or subsequently towed without payment of | 3 |
| the outstanding fines and
penalties on parking, standing, | 4 |
| or compliance violations for which final
determinations | 5 |
| have been
issued. An order issued after the hearing is a | 6 |
| final administrative
decision within the meaning of | 7 |
| Section 3-101 of the Code of Civil Procedure.
| 8 |
| (4) A post immobilization and post-towing notice | 9 |
| advising the registered
owner of the vehicle of the right | 10 |
| to a hearing to challenge the validity
of the impoundment.
| 11 |
| (d) Judicial review of final determinations of parking, | 12 |
| standing, and
compliance
violations and final administrative | 13 |
| decisions issued after hearings
regarding vehicle | 14 |
| immobilization and impoundment made
under this Section shall be | 15 |
| subject to the provisions of
the Administrative Review Law.
| 16 |
| (e) Any fine, penalty, or part of any fine or any penalty | 17 |
| remaining
unpaid after the exhaustion of, or the failure to | 18 |
| exhaust, administrative
remedies created under this Section | 19 |
| and the conclusion of any judicial
review procedures shall be a | 20 |
| debt due and owing the municipality and, as
such, may be | 21 |
| collected in accordance with applicable law. Payment in full
of | 22 |
| any fine or penalty resulting from a standing, parking, or
| 23 |
| compliance violation shall
constitute a final disposition of | 24 |
| that violation.
| 25 |
| (f) After the expiration of the period within which | 26 |
| judicial review may
be sought for a final determination of | 27 |
| parking, standing, or compliance
violation, the municipality
| 28 |
| may commence a proceeding in the Circuit Court for purposes of | 29 |
| obtaining a
judgment on the final determination of violation. | 30 |
| Nothing in this
Section shall prevent a municipality from | 31 |
| consolidating multiple final
determinations of parking, | 32 |
| standing, or compliance violation against a
person in a | 33 |
| proceeding.
Upon commencement of the action, the municipality | 34 |
| shall file a certified
copy or record of the final | 35 |
| determination of parking, standing, or compliance
violation, | 36 |
| which shall be
accompanied by a certification that recites |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| facts sufficient to show that
the final determination of | 2 |
| violation was
issued in accordance with this Section and the | 3 |
| applicable municipal
ordinance. Service of the summons and a | 4 |
| copy of the petition may be by
any method provided by Section | 5 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 6 |
| return receipt requested, provided that the total amount of
| 7 |
| fines and penalties for final determinations of parking, | 8 |
| standing, or
compliance violations does not
exceed $2500. If | 9 |
| the court is satisfied that the final determination of
parking, | 10 |
| standing, or compliance violation was entered in accordance | 11 |
| with
the requirements of
this Section and the applicable | 12 |
| municipal ordinance, and that the registered
owner or the | 13 |
| lessee, as the case may be, had an opportunity for an
| 14 |
| administrative hearing and for judicial review as provided in | 15 |
| this Section,
the court shall render judgment in favor of the | 16 |
| municipality and against
the registered owner or the lessee for | 17 |
| the amount indicated in the final
determination of parking, | 18 |
| standing, or compliance violation, plus costs.
The judgment | 19 |
| shall have
the same effect and may be enforced in the same | 20 |
| manner as other judgments
for the recovery of money.
| 21 |
| (Source: P.A. 94-294, eff. 1-1-06.)
| 22 |
| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 23 |
| Sec. 11-1301.3. Unauthorized use of parking places | 24 |
| reserved for persons with
disabilities. | 25 |
| (a) It shall be prohibited to park any motor vehicle which | 26 |
| is not properly
displaying
registration plates or decals issued | 27 |
| to a person with disabilities, as defined
by Section 1-159.1, | 28 |
| pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 29 |
| disabled veteran pursuant to Section 3-609 of this Act, as | 30 |
| evidence that the
vehicle is operated by or for a person with | 31 |
| disabilities or disabled veteran,
in any parking place, | 32 |
| including any private
or public offstreet parking facility, | 33 |
| specifically reserved, by the
posting of an official sign as | 34 |
| designated under Section 11-301, for
motor vehicles displaying | 35 |
| such registration plates.
It shall be prohibited to park any |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| motor vehicle in a designated access
aisle adjacent to any | 2 |
| parking place specifically reserved for persons with
| 3 |
| disabilities, by the posting of an official sign as designated | 4 |
| under Section
11-301, for motor vehicles displaying such | 5 |
| registration plates.
When using the parking privileges for | 6 |
| persons with disabilities, the parking
decal or device must be | 7 |
| displayed properly in the vehicle where it is clearly
visible | 8 |
| to law enforcement personnel, either hanging from the rearview | 9 |
| mirror
or placed on the dashboard of the vehicle in clear view.
| 10 |
| Any motor vehicle properly displaying a disability license | 11 |
| plate or a
parking decal or device containing the International | 12 |
| symbol of access
issued to persons with disabilities by any | 13 |
| local authority, state, district,
territory or foreign country | 14 |
| shall be recognized by State and local
authorities as a valid | 15 |
| license plate or device and receive the same parking
privileges | 16 |
| as residents of this State.
| 17 |
| (a-1) An individual with a vehicle displaying disability | 18 |
| license plates or a parking decal or device issued to a | 19 |
| qualified person with a disability under Sections 3-616, | 20 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 21 |
| 3-609 is in violation of this Section if (i) the person using | 22 |
| the disability license plate or parking decal or device is not | 23 |
| the authorized holder of the disability license plate or | 24 |
| parking decal or device or is not transporting the authorized | 25 |
| holder of the disability license plate or parking decal or | 26 |
| device to or from the parking location and (ii) the person uses | 27 |
| the disability license plate or parking decal or device to | 28 |
| exercise any privileges granted through the disability license | 29 |
| plate or parking decals or devices under this Code.
| 30 |
| (b) Any person or local authority owning or operating any | 31 |
| public or private
offstreet parking facility may, after | 32 |
| notifying the police or sheriff's
department, remove or cause | 33 |
| to be removed to the nearest garage or other
place of safety | 34 |
| any vehicle parked within a stall or space reserved for
use by | 35 |
| a person with disabilities which does not
display person with | 36 |
| disabilities registration
plates or a special decal or device |
|
|
|
SB2230 Engrossed |
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LRB094 17721 DRH 53020 b |
|
| 1 |
| as required under this Section.
| 2 |
| (c) Any person found guilty of violating the provisions of | 3 |
| subsection (a) shall be fined $250 in addition to any costs or | 4 |
| charges connected
with the removal or storage of any motor | 5 |
| vehicle authorized under this
Section; but municipalities by | 6 |
| ordinance may impose a fine up to $350
and shall display signs | 7 |
| indicating the fine imposed. If the amount of
the fine is | 8 |
| subsequently changed, the municipality shall change the sign to
| 9 |
| indicate the current amount of the fine.
It shall not be a | 10 |
| defense to a charge under this Section that either the sign | 11 |
| posted
pursuant to this
Section or the intended accessible | 12 |
| parking place does not comply with the technical requirements | 13 |
| of Section 11-301,
Department
regulations, or local ordinance | 14 |
| if a reasonable person would be made aware by
the
sign or | 15 |
| notice on or near the parking place that the place is reserved | 16 |
| for a
person
with
disabilities.
| 17 |
| (c-1) Any person found guilty of violating the provisions | 18 |
| of subsection (a-1) shall be fined $500 and may have his or her | 19 |
| driving privileges suspended or revoked by the Secretary of | 20 |
| State for a period of time determined by the Secretary of | 21 |
| State. The Secretary of State may also suspend or revoke the | 22 |
| disability license plates or parking decal or device for a | 23 |
| period of time determined by the Secretary of State . The | 24 |
| circuit clerk shall distribute $250 of the $500 fine imposed on | 25 |
| any person who is found guilty of or pleads guilty to violating | 26 |
| this Section, including any person placed on court supervision | 27 |
| for violating this Section, to the law enforcement agency that | 28 |
| issued the citation or made the arrest. If more than one law | 29 |
| enforcement agency is responsible for issuing the citation or | 30 |
| making the arrest, the $250 shall be shared equally.
| 31 |
| (d) Local authorities shall impose fines as established in | 32 |
| subsections
(c) and (c-1) for violations of this Section.
| 33 |
| (e) As used in this Section, "authorized holder" means an | 34 |
| individual
issued a disability
license plate under Section | 35 |
| 3-616 of this
Code, an individual issued a parking decal or | 36 |
| device
under Section 11-1301.2 of this Code, or an individual |
|
|
|
SB2230 Engrossed |
- 48 - |
LRB094 17721 DRH 53020 b |
|
| 1 |
| issued a disabled veteran's license plate under Section 3-609 | 2 |
| of this Code. | 3 |
| (f) Any person who commits a violation of subsection (a-1) | 4 |
| may have his or her driving privileges suspended or revoked by | 5 |
| the Secretary of State for a period of time determined by the | 6 |
| Secretary of State. The Secretary of State may also suspend or | 7 |
| revoke the disability license plates or parking decal or device | 8 |
| for a period of time determined by the Secretary of State.
| 9 |
| (Source: P.A. 94-619, eff. 1-1-06.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
|
|