Full Text of SB0172 95th General Assembly
SB0172enr 95TH GENERAL ASSEMBLY
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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 School Code is amended by changing Section | 5 |
| 27-24.3 as follows:
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| (105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
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| Sec. 27-24.3. Reimbursement. In order for the school | 8 |
| district to receive reimbursement from the
State as hereinafter | 9 |
| provided, the driver education course offered in
its schools | 10 |
| shall consist of at least 30 clock hours of classroom
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| instruction and, subject to modification as hereinafter | 12 |
| allowed, at
least 6 clock hours of practice driving in a car | 13 |
| having dual operating
controls under direct individual | 14 |
| instruction. The State Board may
allow, in lieu of not more | 15 |
| than 5 clock hours of practice driving in a
dual control car, | 16 |
| such practice driving instruction as it determines is
the | 17 |
| equivalent of such practice driving in a dual control car.
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| School districts may adopt a policy to permit proficiency | 19 |
| examinations
for the practice driving part of the driver | 20 |
| education course at any time
after the completion of 3 hours of | 21 |
| practice driving under direct individual
instruction.
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| (Source: P.A. 83-243.)
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| Section 10. The Illinois Vehicle Code is amended by | 2 |
| changing Sections 4-203, 6-103, 6-106.2, 6-106.3, 6-106.4, | 3 |
| 6-107, 6-107.1, 6-110, 6-113, 6-204, 6-205, 6-206, 6-306.3, | 4 |
| 6-306.4, 12-603.1, 12-610.1, and 16-107 and adding Section | 5 |
| 11-506 as follows: | 6 |
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 8 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 10 |
| toll
highway, interstate highway, or expressway for 2 hours or | 11 |
| more, its
removal by a towing service may be authorized by a | 12 |
| law enforcement
agency having jurisdiction.
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| (b) When a vehicle is abandoned on a highway in an urban | 14 |
| district 10
hours or more, its removal by a towing service may | 15 |
| be authorized by a
law enforcement agency having jurisdiction.
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| (c) When a vehicle is abandoned or left unattended on a | 17 |
| highway
other than a toll highway, interstate highway, or | 18 |
| expressway, outside of
an urban district for 24 hours or more, | 19 |
| its removal by a towing service
may be authorized by a law | 20 |
| enforcement agency having jurisdiction.
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| (d) When an abandoned, unattended, wrecked, burned or | 22 |
| partially
dismantled vehicle is creating a traffic hazard | 23 |
| because of its position
in relation to the highway or its | 24 |
| physical appearance is causing the
impeding of traffic, its | 25 |
| immediate removal from the highway or private
property adjacent |
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| to the highway by a towing service may be authorized
by a law | 2 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 4 |
| person under
arrest for a violation of Section 11-501 of this | 5 |
| Code or a similar
provision of a local ordinance is likely, | 6 |
| upon release, to commit a
subsequent violation of Section | 7 |
| 11-501, or a similar provision of a local
ordinance, the | 8 |
| arresting officer shall have the vehicle which the person
was | 9 |
| operating at the time of the arrest impounded for a period of | 10 |
| not more
than 12 hours after the time of arrest. However, such | 11 |
| vehicle may be
released by the arresting law enforcement agency | 12 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 14 |
| arrest, and the lawful
owner requesting such release | 15 |
| possesses a valid operator's license, proof
of ownership, | 16 |
| and would not, as determined by the arresting law | 17 |
| enforcement
agency, indicate a lack of ability to operate a | 18 |
| motor vehicle in a safe
manner, or who would otherwise, by | 19 |
| operating such motor vehicle, be in
violation of this Code; | 20 |
| or
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| (2) the vehicle is owned by the person under arrest, | 22 |
| and the person
under arrest gives permission to another | 23 |
| person to operate such vehicle,
provided however, that the | 24 |
| other person possesses a valid operator's license
and would | 25 |
| not, as determined by the arresting law enforcement
agency, | 26 |
| indicate a lack of ability to operate a motor vehicle in a |
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| safe
manner or who would otherwise, by operating such motor | 2 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 4 |
| into custody for
operating the vehicle in violation of Section | 5 |
| 11-501 of this Code or a similar
provision of a local ordinance | 6 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 7 |
| have the vehicle immediately impounded for a period not less | 8 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 10 |
| of this Code or a
similar provision of a local ordinance or | 11 |
| Section 6-303
of
this Code or a combination of these | 12 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 14 |
| this Code or a
similar provision of a local ordinance or | 15 |
| Section 6-303 of this
Code or a combination of these | 16 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned | 18 |
| by the person
under arrest and the person under arrest gives | 19 |
| permission to another person to
operate the vehicle and that | 20 |
| other person possesses a valid operator's license
and would | 21 |
| not, as determined by the arresting law enforcement agency, | 22 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 23 |
| manner or would
otherwise, by operating the motor vehicle, be | 24 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 26 |
| owner or
lessor of privately owned real property within this |
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| State, or any person
authorized by such owner or lessor, or any | 2 |
| law enforcement agency in the
case of publicly owned real | 3 |
| property may cause any motor vehicle abandoned
or left | 4 |
| unattended upon such property without permission to be removed | 5 |
| by a
towing service without liability for the costs of removal, | 6 |
| transportation
or storage or damage caused by such removal, | 7 |
| transportation or storage.
The towing or removal of any vehicle | 8 |
| from private property without the
consent of the registered | 9 |
| owner or other legally authorized person in
control of the | 10 |
| vehicle is subject to compliance with the following
conditions | 11 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 13 |
| site of the towing
service's place of business. The site | 14 |
| must be open during business hours,
and for the purpose of | 15 |
| redemption of vehicles, during the time that the
person or | 16 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 18 |
| completion of such
towing or removal, notify the law | 19 |
| enforcement agency having jurisdiction of
such towing or | 20 |
| removal, and the make, model, color and license plate | 21 |
| number
of the vehicle, and shall obtain and record the name | 22 |
| of the person at the law
enforcement agency to whom such | 23 |
| information was reported.
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| 3. If the registered owner or legally authorized person | 25 |
| entitled to
possession of the vehicle shall arrive at the | 26 |
| scene prior to actual removal
or towing of the vehicle, the |
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| vehicle shall be disconnected from the tow
truck and that | 2 |
| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 4 |
| of not more than
one half the posted rate of the towing | 5 |
| service as provided in paragraph
6 of this subsection, for | 6 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 8 |
| consideration
from the towing service or its owners, | 9 |
| managers or employees to the owners
or operators of the | 10 |
| premises from which the vehicles are towed or removed,
for | 11 |
| the privilege of removing or towing those vehicles, is | 12 |
| prohibited. Any
individual who violates this paragraph | 13 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 15 |
| part of a single
family residence, and except for instances | 16 |
| where notice is personally given
to the owner or other | 17 |
| legally authorized person in control of the vehicle
that | 18 |
| the area in which that vehicle is parked is reserved or | 19 |
| otherwise
unavailable to unauthorized vehicles and they | 20 |
| are subject to being removed
at the owner or operator's | 21 |
| expense, any property owner or lessor, prior to
towing or | 22 |
| removing any vehicle from private property without the | 23 |
| consent of
the owner or other legally authorized person in | 24 |
| control of that vehicle,
must post a notice meeting the | 25 |
| following requirements:
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| a. Except as otherwise provided in subparagraph |
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| a.1 of this subdivision (f)5, the notice must be | 2 |
| prominently placed at each driveway access or curb
cut | 3 |
| allowing vehicular access to the property within 5 feet | 4 |
| from the public
right-of-way line. If there are no | 5 |
| curbs or access barriers, the sign must
be posted not | 6 |
| less than one sign each 100 feet of lot frontage.
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| a.1. In a municipality with a population of less | 8 |
| than 250,000, as an alternative to the requirement of | 9 |
| subparagraph a of this subdivision (f)5, the notice for | 10 |
| a parking lot contained within property used solely for | 11 |
| a 2-family, 3-family, or 4-family residence may be | 12 |
| prominently placed at the perimeter of the parking lot, | 13 |
| in a position where the notice is visible to the | 14 |
| occupants of vehicles entering the lot.
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| b. The notice must indicate clearly, in not less | 16 |
| than 2 inch high
light-reflective letters on a | 17 |
| contrasting background, that unauthorized
vehicles | 18 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and | 20 |
| current telephone
number of the towing service towing | 21 |
| or removing the vehicle.
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| d. The sign structure containing the required | 23 |
| notices must be
permanently installed with the bottom | 24 |
| of the sign not less than 4 feet
above ground level, | 25 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing |
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| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 3 |
| proposes to
require the owner, operator, or person in | 4 |
| control of the vehicle to pay the
costs of towing and | 5 |
| storage prior to redemption of the vehicle must file
and | 6 |
| keep on record with the local law enforcement agency a | 7 |
| complete copy of
the current rates to be charged for such | 8 |
| services, and post at the storage
site an identical rate | 9 |
| schedule and any written contracts with property
owners, | 10 |
| lessors, or persons in control of property which authorize | 11 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 13 |
| from private
property as described in this Section without | 14 |
| filing a notice of intent
in each community where he | 15 |
| intends to do such removal, and such
notice shall be filed | 16 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 18 |
| be done except
upon express written instructions of the | 19 |
| owners or persons in charge of the
private property upon | 20 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 22 |
| allowed with
reasonable care on the part of the person or | 23 |
| firm towing the vehicle. Such
person or firm shall be | 24 |
| liable for any damages occasioned to the vehicle if
such | 25 |
| entry is not in accordance with the standards of reasonable | 26 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 2 |
| to this Section,
it must be released to its owner or | 3 |
| custodian within one half hour after
requested, if such | 4 |
| request is made during business hours. Any vehicle owner
or | 5 |
| custodian or agent shall have the right to inspect the | 6 |
| vehicle before
accepting its return, and no release or | 7 |
| waiver of any kind which would
release the towing service | 8 |
| from liability for damages incurred during the
towing and | 9 |
| storage may be required from any vehicle owner or other | 10 |
| legally
authorized person as a condition of release of the | 11 |
| vehicle. A detailed,
signed receipt showing the legal name | 12 |
| of the towing service must be given
to the person paying | 13 |
| towing or storage charges at the time of payment,
whether | 14 |
| requested or not.
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| This Section shall not apply to law enforcement, | 16 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 17 |
| which are marked as such or to
property owned by any | 18 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 20 |
| to be
removed, such person shall be liable to the owner or | 21 |
| lessee of the vehicle
for the cost or removal, transportation | 22 |
| and storage, any damages resulting
from the removal, | 23 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 25 |
| the use of any
major credit card, in addition to being payable | 26 |
| in cash.
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| 11. Towing companies shall also provide insurance | 2 |
| coverage for areas
where vehicles towed under the | 3 |
| provisions of this Chapter will be impounded
or otherwise | 4 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 7 |
| restrictions of
this subsection shall be guilty of a Class C | 8 |
| misdemeanor and shall be fined
not less than $100 nor more than | 9 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 11 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 12 |
| Illinois Municipal Code, its
removal and impoundment by a | 13 |
| towing service may be authorized by a law
enforcement agency | 14 |
| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 16 |
| property is
authorized by a law enforcement agency, the owner | 17 |
| of the vehicle shall be
responsible for all towing and storage | 18 |
| charges.
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| Vehicles removed from public or private property and
stored | 20 |
| by a commercial vehicle relocator or any other towing service | 21 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 22 |
| this Code, or at the request of the vehicle owner or operator,
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| shall
be subject to a possessor lien for services
pursuant to | 24 |
| the Labor and Storage Lien (Small Amount) Act. The provisions | 25 |
| of Section 1 of that Act relating to notice
and implied consent | 26 |
| shall be deemed satisfied by compliance with Section
18a-302 |
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| and subsection (6) of Section 18a-300. In no event shall such | 2 |
| lien
be greater than the rate or rates established in | 3 |
| accordance with subsection
(6) of Section 18a-200 of this Code. | 4 |
| In no event shall such lien be
increased or altered to reflect | 5 |
| any charge for services or materials
rendered in addition to | 6 |
| those authorized by this Act. Every such lien
shall be payable | 7 |
| by use of any major credit card, in addition to being
payable | 8 |
| in cash.
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| Any personal property belonging to the vehicle owner in a | 10 |
| vehicle subject to a lien under this
subsection
(g) shall | 11 |
| likewise be subject to that lien, excepting only:
food; | 12 |
| medicine; perishable property; any operator's licenses; any | 13 |
| cash, credit
cards, or checks or checkbooks; and any wallet, | 14 |
| purse, or other property
containing any operator's license or | 15 |
| other identifying documents or materials,
cash, credit cards, | 16 |
| checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 18 |
| its total amount; or
be increased or altered to reflect any | 19 |
| charge for services or
materials rendered in addition to those | 20 |
| authorized by this Act.
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| (h) Whenever a peace officer issues a citation to a driver | 22 |
| for a violation of subsection (a) of Section 11-506 of this | 23 |
| Code, the arresting officer may have the vehicle which the | 24 |
| person was operating at the time of the arrest impounded for a | 25 |
| period of 5 days after the time of arrest.
An impounding agency | 26 |
| shall release a motor vehicle impounded under this subsection |
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| (h) to the registered owner of the vehicle under any of the | 2 |
| following circumstances: | 3 |
| (1) If the vehicle is a stolen vehicle; or | 4 |
| (2) If the person ticketed for a violation of | 5 |
| subsection (a) of Section 11-506 of this Code was not | 6 |
| authorized by the registered owner of the vehicle to | 7 |
| operate the vehicle at the time of the violation; or | 8 |
| (3) If the registered owner of the vehicle was neither | 9 |
| the driver nor a passenger in the vehicle at the time of | 10 |
| the violation or was unaware that the driver was using the | 11 |
| vehicle to engage in street racing; or | 12 |
| (4) If the legal owner or registered owner of the | 13 |
| vehicle is a rental car agency; or | 14 |
| (5) If, prior to the expiration of the impoundment | 15 |
| period specified above, the citation is dismissed or the | 16 |
| defendant is found not guilty of the offense.
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| (Source: P.A. 94-522, eff. 8-10-05; 94-784, eff. 1-1-07.)
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 20 |
| or granted
permits. The Secretary of State shall not issue, | 21 |
| renew, or
allow the retention of any driver's
license nor issue | 22 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 24 |
| 18 years except
as provided in Section 6-107, and except | 25 |
| that an instruction permit may be
issued under Section |
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| 6-107.1 to a child who
is not less than 15 years of age if | 2 |
| the child is enrolled in an approved
driver education | 3 |
| course as defined in Section 1-103 of this Code and
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| requires an instruction permit to participate therein, | 5 |
| except that an
instruction permit may be issued under the | 6 |
| provisions of Section 6-107.1
to a child who is 17 years | 7 |
| and 3
9 months of age without the child having
enrolled in | 8 |
| an
approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 10 |
| 15 years and 6
months of age, is enrolled in school, meets | 11 |
| the educational requirements of
the Driver Education Act, | 12 |
| and has passed examinations the Secretary of State in
his | 13 |
| or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 15 |
| operator of a motorcycle
other than a motor driven cycle | 16 |
| unless the person has, in addition to
meeting the | 17 |
| provisions of Section 6-107 of this Code, successfully
| 18 |
| completed a motorcycle
training course approved by the | 19 |
| Illinois Department of Transportation and
successfully | 20 |
| completes the required Secretary of State's motorcycle | 21 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 23 |
| or permit has been
suspended, during the suspension, nor to | 24 |
| any person whose driver's license or
permit has been | 25 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol | 2 |
| or any other
drug to a degree that renders the person | 3 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 5 |
| adjudged to be
afflicted with or suffering from any mental | 6 |
| or physical disability or disease
and who has not at the | 7 |
| time of application been restored to competency by the
| 8 |
| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 10 |
| Secretary of State
to submit an alcohol and drug evaluation | 11 |
| or take an examination provided
for in this Code unless the | 12 |
| person has
successfully passed the examination and | 13 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 15 |
| of the laws of
this State to deposit security or proof of | 16 |
| financial responsibility and who
has not deposited the | 17 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 19 |
| cause to believe
that the person by reason of physical or | 20 |
| mental disability would not be
able to safely operate a | 21 |
| motor vehicle upon the highways, unless the
person shall | 22 |
| furnish to the Secretary of State a verified written
| 23 |
| statement, acceptable to the Secretary of State, from a | 24 |
| competent medical
specialist to the effect that the | 25 |
| operation of a motor vehicle by the
person would not be | 26 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 2 |
| or older, unless
the person has successfully complied with | 3 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 5 |
| application for a
license, of any of the sexual offenses | 6 |
| enumerated in paragraph 2 of subsection
(b) of Section | 7 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 9 |
| a classification
prohibited in paragraph (b) of Section | 10 |
| 6-104 and to any person who is under
the age of 18 years | 11 |
| with a classification prohibited in paragraph (c) of
| 12 |
| Section 6-104;
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| 12. To any person who has been either convicted of or | 14 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 15 |
| a violation of the Cannabis Control
Act, the Illinois | 16 |
| Controlled Substances Act, or the Methamphetamine Control | 17 |
| and Community Protection Act while that person was in | 18 |
| actual
physical control of a motor vehicle. For purposes of | 19 |
| this Section, any person
placed on probation under Section | 20 |
| 10 of the Cannabis Control Act, Section 410
of the Illinois | 21 |
| Controlled Substances Act, or Section 70 of the | 22 |
| Methamphetamine Control and Community Protection Act shall | 23 |
| not be considered convicted.
Any person found guilty of | 24 |
| this offense, while in actual physical control of a
motor | 25 |
| vehicle, shall have an entry made in the court record by | 26 |
| the judge that
this offense did occur while the person was |
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| in actual physical control of a
motor vehicle and order the | 2 |
| clerk of the court to report the violation to the
Secretary | 3 |
| of State as such. The Secretary of State shall not issue a | 4 |
| new
license or permit for a period of one year;
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| 13. To any person who is under the age of 18 years and | 6 |
| who has committed
the offense
of operating a motor vehicle | 7 |
| without a valid license or permit in violation of
Section | 8 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in | 10 |
| court ordered child support
payments or has been | 11 |
| adjudicated in arrears
in an amount equal to 90 days' | 12 |
| obligation or more
and who has been found in contempt
of
| 13 |
| court for failure to pay the support, subject to the | 14 |
| requirements and
procedures of Article VII of Chapter 7 of
| 15 |
| the Illinois Vehicle Code;
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| 15. To any person released from a term of imprisonment | 17 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 18 |
| similar provision of a law of another state relating to | 19 |
| reckless homicide or for violating subparagraph (F) of | 20 |
| paragraph (1) of subsection (d) of Section 11-501 of this | 21 |
| Code relating to aggravated driving under the influence of | 22 |
| alcohol, other drug or drugs, intoxicating compound or | 23 |
| compounds, or any combination thereof, if the violation was | 24 |
| the proximate cause of a death, within
24 months of release | 25 |
| from a term of imprisonment;
| 26 |
| 16. To any person who, with intent to influence any act |
|
|
|
SB0172 Enrolled |
- 17 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| related to the issuance of any driver's license or permit, | 2 |
| by an employee of the Secretary of State's Office, or the | 3 |
| owner or employee of any commercial driver training school | 4 |
| licensed by the Secretary of State, or any other individual | 5 |
| authorized by the laws of this State to give driving | 6 |
| instructions or administer all or part of a driver's | 7 |
| license examination, promises or tenders to that person any | 8 |
| property or personal advantage which that person is not | 9 |
| authorized by law to accept. Any persons promising or | 10 |
| tendering such property or personal advantage shall be | 11 |
| disqualified from holding any class of driver's license or | 12 |
| permit for 120 consecutive days. The Secretary of State | 13 |
| shall establish by rule the procedures for implementing | 14 |
| this period of disqualification and the procedures by which | 15 |
| persons so disqualified may obtain administrative review | 16 |
| of the decision to disqualify; or
| 17 |
| 17. To any person for whom the Secretary of State | 18 |
| cannot verify the
accuracy of any information or | 19 |
| documentation submitted in application for a
driver's | 20 |
| license. | 21 |
| The Secretary of State shall retain all conviction
| 22 |
| information, if the information is required to be held | 23 |
| confidential under
the Juvenile Court Act of 1987.
| 24 |
| (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | 25 |
| eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | 26 |
| eff. 9-11-05.)
|
|
|
|
SB0172 Enrolled |
- 18 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
| 2 |
| Sec. 6-106.2. Religious organization bus driver. A | 3 |
| religious
organization bus driver shall meet the following | 4 |
| requirements:
| 5 |
| 1. is 21 years of age or older;
| 6 |
| 2. has a valid and properly classified driver's
license | 7 |
| issued by the
Secretary of State;
| 8 |
| 3. has held a valid driver's license, not necessarily of | 9 |
| the same
classification, for
3 years prior to the date
of | 10 |
| application;
| 11 |
| 4. has demonstrated an ability to exercise reasonable
care | 12 |
| in the safe
operation of religious
organization buses in | 13 |
| accordance with such standards as the Secretary of
State | 14 |
| prescribes
including a driving test in a religious organization | 15 |
| bus; and
| 16 |
| 5. has not been convicted of any of the following offenses | 17 |
| within 3 years of the
date of application: Sections 11-401 | 18 |
| (leaving the scene of a traffic
accident involving death or | 19 |
| personal injury), 11-501 (driving under the
influence), 11-503 | 20 |
| (reckless driving) ,
and 11-504 (drag racing) , and 11-506 | 21 |
| (street racing) of this Code, or Sections
9-3 (manslaughter or | 22 |
| reckless homicide) and 12-5 (reckless conduct arising
from the | 23 |
| use of a motor vehicle) of the Criminal Code of 1961.
| 24 |
| (Source: P.A. 84-641.)
|
|
|
|
SB0172 Enrolled |
- 19 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
| 2 |
| Sec. 6-106.3. Senior citizen transportation - driver. A | 3 |
| driver of a
vehicle operated solely for the purpose of | 4 |
| providing transportation for
the elderly in connection with the | 5 |
| activities of any public or private
organization
shall meet the | 6 |
| following requirements:
| 7 |
| (1) is 21 years of age or older;
| 8 |
| (2) has a valid and properly classified driver's license | 9 |
| issued by the
Secretary of State;
| 10 |
| (3) has had a valid driver's license, not necessarily
of | 11 |
| the same classification, for 3 years prior to the date of | 12 |
| application;
| 13 |
| (4) has demonstrated his ability to exercise reasonable | 14 |
| care in the safe
operation of a motor vehicle which will be | 15 |
| utilized to transport persons
in accordance with such standards | 16 |
| as the Secretary of State prescribes
including
a driving test | 17 |
| in such motor vehicle; and
| 18 |
| (5) has not been convicted of any of the following offenses | 19 |
| within
3 years of the date of application:
Sections 11-401 | 20 |
| (leaving the scene of a traffic accident involving death
or | 21 |
| personal injury), 11-501 (driving under the influence), 11-503 | 22 |
| (reckless
driving) ,
and 11-504 (drag racing) , and 11-506 | 23 |
| (street racing) of this Code, or Sections 9-3 (manslaughter
or | 24 |
| reckless
homicide) and 12-5 (reckless conduct arising from the | 25 |
| use of a motor
vehicle) of the Criminal Code of 1961.
| 26 |
| (Source: P.A. 84-641.)
|
|
|
|
SB0172 Enrolled |
- 20 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
| 2 |
| Sec. 6-106.4. For-profit ridesharing arrangement - driver. | 3 |
| No person
may drive a commuter van while it is being used for a | 4 |
| for-profit ridesharing
arrangement unless such person:
| 5 |
| (1) is 21 years of age or older;
| 6 |
| (2) has a valid and properly classified driver's license | 7 |
| issued by the
Secretary of State;
| 8 |
| (3) has held a valid driver's license, not necessarily
of | 9 |
| the same classification,
for 3 years prior to the date of | 10 |
| application;
| 11 |
| (4) has demonstrated his ability to exercise reasonable | 12 |
| care in the safe
operation of commuter vans used in for-profit | 13 |
| ridesharing arrangements in
accordance with such standards as | 14 |
| the Secretary of State may prescribe,
which standards may | 15 |
| require a driving test in a commuter van; and
| 16 |
| (5) has not been convicted of any of the following offenses | 17 |
| within
3 years of the date of
application: Sections 11-401 | 18 |
| (leaving the scene of a traffic
accident involving death or | 19 |
| personal injury), 11-501 (driving under
the influence), 11-503 | 20 |
| (reckless driving) ,
and 11-504 (drag racing) , and 11-506 | 21 |
| (street racing) of this
Code, or
Sections 9-3 (manslaughter or | 22 |
| reckless homicide) and 12-5 (reckless conduct
arising from the | 23 |
| use of a motor vehicle) of the Criminal Code of 1961.
| 24 |
| (Source: P.A. 84-641.)
|
|
|
|
SB0172 Enrolled |
- 21 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 2 |
| Sec. 6-107. Graduated license.
| 3 |
| (a) The purpose of the Graduated
Licensing Program is to | 4 |
| develop safe and mature driving habits in young,
inexperienced | 5 |
| drivers and reduce or prevent motor vehicle accidents,
| 6 |
| fatalities,
and injuries by:
| 7 |
| (1) providing for an increase in the time of practice | 8 |
| period before
granting
permission to obtain a driver's | 9 |
| license;
| 10 |
| (2) strengthening driver licensing and testing | 11 |
| standards for persons under
the age of 21 years;
| 12 |
| (3) sanctioning driving privileges of drivers under | 13 |
| age 21 who have
committed serious traffic violations or | 14 |
| other specified offenses; and
| 15 |
| (4) setting stricter standards to promote the public's | 16 |
| health and
safety.
| 17 |
| (b) The application of any person under
the age of 18 | 18 |
| years, and not legally emancipated by marriage, for a drivers
| 19 |
| license or permit to operate a motor vehicle issued under the | 20 |
| laws of this
State, shall be accompanied by the written consent | 21 |
| of either parent of the
applicant; otherwise by the guardian | 22 |
| having custody of the applicant, or
in the event there is no | 23 |
| parent or guardian, then by another responsible adult. The | 24 |
| written consent must accompany any application for a driver's | 25 |
| license under this subsection (b), regardless of whether or not | 26 |
| the required written consent also accompanied the person's |
|
|
|
SB0172 Enrolled |
- 22 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| previous application for an instruction permit.
| 2 |
| No graduated driver's license shall be issued to any | 3 |
| applicant under 18
years
of age, unless the applicant is at | 4 |
| least 16 years of age and has:
| 5 |
| (1) Held a valid instruction permit for a minimum of 9
| 6 |
| 3 months.
| 7 |
| (2) Passed an approved driver education course
and | 8 |
| submits proof of having passed the course as may
be | 9 |
| required.
| 10 |
| (3) Certification by the parent, legal guardian, or | 11 |
| responsible adult that
the applicant has had a minimum of | 12 |
| 50 hours of behind-the-wheel practice time, at least 10 | 13 |
| hours of which have been at night,
and is sufficiently | 14 |
| prepared and able to safely operate a motor vehicle.
| 15 |
| (b-1) No graduated
driver's license shall be issued to any | 16 |
| applicant who is under 18 years of age
and not legally | 17 |
| emancipated by marriage, unless the applicant has graduated
| 18 |
| from a secondary school of this State or any other state, is | 19 |
| enrolled in a
course leading to a general educational | 20 |
| development (GED) certificate, has
obtained a GED certificate, | 21 |
| is enrolled in an elementary or secondary school or college or | 22 |
| university
of this State or any other state and is not a | 23 |
| chronic or habitual truant as provided in Section 26-2a of the | 24 |
| School Code, or is receiving home instruction and submits proof | 25 |
| of meeting any of those
requirements at the time of | 26 |
| application.
|
|
|
|
SB0172 Enrolled |
- 23 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| An applicant under 18 years of age who provides proof | 2 |
| acceptable to the Secretary that the applicant has resumed | 3 |
| regular school attendance or home instruction or that his or | 4 |
| her application was denied in error shall be eligible to | 5 |
| receive a graduated license if other requirements are met. The | 6 |
| Secretary shall adopt rules for implementing this subsection | 7 |
| (b-1).
| 8 |
| (c) No graduated driver's license or permit shall be issued | 9 |
| to
any applicant under 18
years of age who has committed the | 10 |
| offense of operating a motor vehicle
without a valid license or | 11 |
| permit in violation of Section 6-101 of this Code
and no | 12 |
| graduated driver's
license or permit shall be issued to any | 13 |
| applicant under 18 years of age
who has committed an offense | 14 |
| that would otherwise result in a
mandatory revocation of a | 15 |
| license or permit as provided in Section 6-205 of
this Code or | 16 |
| who has been either convicted of or adjudicated a delinquent | 17 |
| based
upon a violation of the Cannabis Control Act, the | 18 |
| Illinois Controlled
Substances Act, or the Methamphetamine | 19 |
| Control and Community Protection Act while that individual was | 20 |
| in actual physical control of a motor
vehicle. For purposes of | 21 |
| this Section, any person placed on probation under
Section 10 | 22 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 23 |
| Controlled Substances Act, or Section 70 of the Methamphetamine | 24 |
| Control and Community Protection Act shall not be considered | 25 |
| convicted. Any person found
guilty of this offense, while in | 26 |
| actual physical control of a motor vehicle,
shall have an entry |
|
|
|
SB0172 Enrolled |
- 24 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| made in the court record by the judge that this offense did
| 2 |
| occur while the person was in actual physical control of a | 3 |
| motor vehicle and
order the clerk of the court to report the | 4 |
| violation to the Secretary of State
as such.
| 5 |
| (d) No graduated driver's license shall be issued for 9
6 | 6 |
| months to any
applicant
under
the
age of 18 years who has | 7 |
| committed and subsequently been convicted of an offense against | 8 |
| traffic regulations governing the movement of vehicles or any | 9 |
| violation of this Section or Section 12-603.1 of this Code
any | 10 |
| offense defined as a serious
traffic violation in this Code or
| 11 |
| a similar provision of a local ordinance .
| 12 |
| (e) No graduated driver's license holder under the age
of | 13 |
| 18 years shall operate any
motor vehicle, except a motor driven | 14 |
| cycle or motorcycle, with
more than one passenger in the front | 15 |
| seat of the motor vehicle
and no more passengers in the back | 16 |
| seats than the number of available seat
safety belts as set | 17 |
| forth in Section 12-603 of this Code. If a graduated driver's | 18 |
| license holder over the age of 18 committed an offense against | 19 |
| traffic regulations governing the movement of vehicles or any | 20 |
| violation of this Section or Section 12-603.1 of this Code in | 21 |
| the 6 months prior to the graduated driver's license holder's | 22 |
| 18th birthday, and was subsequently convicted of the violation, | 23 |
| the provisions of this paragraph shall continue to apply until | 24 |
| such time as a period of 6 consecutive months has elapsed | 25 |
| without an additional violation and subsequent conviction of an | 26 |
| offense against traffic regulations governing the movement of |
|
|
|
SB0172 Enrolled |
- 25 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| vehicles or any violation of this Section or Section 12-603.1 | 2 |
| of this Code.
| 3 |
| (f) No graduated driver's license holder under the age of | 4 |
| 18 shall operate a
motor vehicle unless each driver and | 5 |
| passenger under the
age of 19 is wearing a properly adjusted | 6 |
| and fastened seat safety belt and each child under the age of 8 | 7 |
| is protected as required under the Child Passenger Protection | 8 |
| Act. If a graduated driver's license holder over the age of 18 | 9 |
| committed an offense against traffic regulations governing the | 10 |
| movement of vehicles or any violation of this Section or | 11 |
| Section 12-603.1 of this Code in the 6 months prior to the | 12 |
| graduated driver's license holder's 18th birthday, and was | 13 |
| subsequently convicted of the violation, the provisions of this | 14 |
| paragraph shall continue to apply until such time as a period | 15 |
| of 6 consecutive months has elapsed without an additional | 16 |
| violation and subsequent conviction of an offense against | 17 |
| traffic regulations governing the movement of vehicles or any | 18 |
| violation of this Section or Section 12-603.1 of this Code.
| 19 |
| (g) If a graduated driver's license holder is under the age | 20 |
| of 18 when he
or she receives the license, for the first 12
6 | 21 |
| months he or she holds the license
or
until he or she reaches | 22 |
| the age of 18, whichever occurs sooner, the graduated
license
| 23 |
| holder may not operate a motor vehicle with more than one | 24 |
| passenger in the
vehicle
who is under the age of 20, unless any | 25 |
| additional passenger or passengers are
siblings, | 26 |
| step-siblings, children, or stepchildren of the driver. If a |
|
|
|
SB0172 Enrolled |
- 26 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| graduated driver's license holder committed an offense against | 2 |
| traffic regulations governing the movement of vehicles or any | 3 |
| violation of this Section or Section 12-603.1 of this Code | 4 |
| during the first 12 months the license is held and subsequently | 5 |
| is convicted of the violation, the provisions of this paragraph | 6 |
| shall remain in effect until such time as a period of 6 | 7 |
| consecutive months has elapsed without an additional violation | 8 |
| and subsequent conviction of an offense against traffic | 9 |
| regulations governing the movement of vehicles or any violation | 10 |
| of this Section or Section 12-603.1 of this Code.
| 11 |
| (h) It shall be an offense for a person that is age 15, but | 12 |
| under age 20, to be a passenger in a vehicle operated by a | 13 |
| driver holding a graduated driver's license during the first 12 | 14 |
| months the driver holds the license or until the driver reaches | 15 |
| the age of 18, whichever occurs sooner, if another passenger | 16 |
| under the age of 20 is present, excluding a sibling, | 17 |
| step-sibling, child, or step-child of the driver.
| 18 |
| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | 19 |
| eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; 94-897, | 20 |
| eff. 6-22-06; 94-916, eff. 7-1-07; revised 8-3-06.)
| 21 |
| (625 ILCS 5/6-107.1)
| 22 |
| Sec. 6-107.1. Instruction permit for a minor.
| 23 |
| (a) The Secretary of State, upon
receiving proper | 24 |
| application and payment of the required fee, may issue an
| 25 |
| instruction permit to any person under the age of 18 years who |
|
|
|
SB0172 Enrolled |
- 27 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 2 |
| or 8 of Section
6-103, after the applicant has successfully | 3 |
| passed such examination as the
Secretary of State in his | 4 |
| discretion may prescribe.
| 5 |
| (1) An instruction permit issued under this Section
| 6 |
| shall be valid for a period of 24 months after the date of | 7 |
| its
issuance and shall be restricted, by the Secretary of | 8 |
| State, to the operation
of a motor vehicle by the minor | 9 |
| only when accompanied by the adult instructor
of a driver | 10 |
| education program during enrollment in the program or when
| 11 |
| practicing with a parent,
legal guardian, family member, or | 12 |
| a person in loco parentis who is 21
years of age or more, | 13 |
| has a license classification to operate such vehicle
and at | 14 |
| least one year of driving experience, and who is occupying | 15 |
| a seat beside
the driver.
| 16 |
| (2) A 24 month instruction permit for a motor driven | 17 |
| cycle may be issued
to
a person 16 or 17 years of age and | 18 |
| entitles the holder to drive upon the
highways during | 19 |
| daylight under direct supervision of a licensed motor | 20 |
| driven
cycle operator or motorcycle operator 21 years of | 21 |
| age or older who has a
license classification to operate | 22 |
| such motor driven cycle or motorcycle and at
least one year | 23 |
| of driving experience.
| 24 |
| (3) A 24 month instruction permit for a motorcycle | 25 |
| other than a motor
driven
cycle may be issued to a person | 26 |
| 16 or 17 years of age in accordance with the
provisions of |
|
|
|
SB0172 Enrolled |
- 28 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 2 |
| upon
the highways during daylight under the direct | 3 |
| supervision of a licensed
motorcycle operator 21 years of | 4 |
| age or older who has at least one year of
driving
| 5 |
| experience.
| 6 |
| (b) An instruction permit issued under this Section when | 7 |
| issued to a person
under the
age of 18
17 years shall, as a | 8 |
| matter of law, be invalid for the operation of any
motor
| 9 |
| vehicle during the following times:
| 10 |
| (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
| 11 |
| (2) Between 11:00 p.m. Saturday and 6:00 a.m. on | 12 |
| Sunday; and | 13 |
| (3) Between 10:00 p.m. on Sunday to Thursday, | 14 |
| inclusive, and 6:00 a.m. on the following day. | 15 |
| The instruction permit of a person under the age of 18 | 16 |
| shall not be invalid as described in paragraph (b) of this | 17 |
| Section if the instruction permit holder under the age of 18 | 18 |
| was: | 19 |
| (1) accompanied by the minor's parent or guardian or | 20 |
| other person in custody or control of the minor; | 21 |
| (2) on an errand at the direction of the minor's parent | 22 |
| or guardian, without any detour or stop; | 23 |
| (3) in a motor vehicle involved in interstate travel; | 24 |
| (4) going to or returning home from an employment | 25 |
| activity, without any detour or stop; | 26 |
| (5) involved in an emergency; |
|
|
|
SB0172 Enrolled |
- 29 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (6) going to or returning home from, without any detour | 2 |
| or stop, an official school, religious, or other | 3 |
| recreational activity supervised by adults and sponsored | 4 |
| by a government or governmental agency, a civic | 5 |
| organization, or another similar entity that takes | 6 |
| responsibility for the licensee, without any detour or | 7 |
| stop; | 8 |
| (7) exercising First Amendment rights protected by the | 9 |
| United States Constitution, such as the free exercise of | 10 |
| religion, freedom of speech, and the right of assembly; or | 11 |
| (8) married or had been married or is an emancipated | 12 |
| minor under the Emancipation of Minors Act
the same time | 13 |
| the child is prohibited from being on any street
or highway | 14 |
| under the provisions of the Child Curfew Act . | 15 |
| (b-1) No instruction permit shall be issued to any | 16 |
| applicant who is under the age of 18 years and who has been | 17 |
| certified to be a chronic or habitual truant, as defined in | 18 |
| Section 26-2a of the School Code. | 19 |
| An applicant under the age of 18 years who provides proof | 20 |
| that he or she has resumed regular school attendance or that | 21 |
| his or her application was denied in error shall be eligible to | 22 |
| receive an instruction permit if other requirements are met. | 23 |
| The Secretary shall adopt rules for implementing this | 24 |
| subsection (b-1).
| 25 |
| (c) Any person under the age of 16 years who possesses an | 26 |
| instruction permit
and
whose
driving privileges have been |
|
|
|
SB0172 Enrolled |
- 30 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| suspended or revoked under the provisions of this
Code shall | 2 |
| not be granted a Family Financial Responsibility Driving Permit | 3 |
| or a
Restricted Driving Permit.
| 4 |
| (Source: P.A. 94-916, eff. 7-1-07.)
| 5 |
| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 6 |
| Sec. 6-110. Licenses issued to drivers.
| 7 |
| (a) The Secretary of State shall issue to every qualifying | 8 |
| applicant a
driver's license as applied for, which license | 9 |
| shall bear a
distinguishing
number assigned to the licensee, | 10 |
| the legal name,
zip
code, date of birth, residence address, and | 11 |
| a brief description of the
licensee, and
a space where the | 12 |
| licensee may write his usual signature.
| 13 |
| If the licensee is less than 17 years of age, the license | 14 |
| shall, as a
matter of law, be invalid for the operation of any | 15 |
| motor vehicle during
any time the licensee is prohibited from | 16 |
| being on any street or highway
under the provisions of the | 17 |
| Child Curfew Act.
| 18 |
| Licenses issued shall also indicate the classification and
| 19 |
| the restrictions under Section 6-104 of this Code.
| 20 |
| In lieu of the social security number, the Secretary may in | 21 |
| his
discretion substitute a federal tax number or other | 22 |
| distinctive number.
| 23 |
| A driver's license issued may, in the discretion of the | 24 |
| Secretary,
include a suitable photograph of a type prescribed | 25 |
| by the Secretary.
|
|
|
|
SB0172 Enrolled |
- 31 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (a-1) If the licensee is less than 18 years of age, unless | 2 |
| one of the exceptions in subsection (a-2) apply, the license | 3 |
| shall, as a matter of law, be invalid for the operation of any | 4 |
| motor vehicle during the following times: | 5 |
| (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 6 |
| (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 7 |
| Sunday; and | 8 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 9 |
| inclusive, and 6:00 a.m. on the following day. | 10 |
| (a-2) The driver's license of a person under the age of 18 | 11 |
| shall not be invalid as described in subsection (a-1) of this | 12 |
| Section if the licensee under the age of 18 was: | 13 |
| (1) accompanied by the licensee's parent or guardian or | 14 |
| other person in custody or control of the minor; | 15 |
| (2) on an errand at the direction of the minor's parent | 16 |
| or guardian, without any detour or stop; | 17 |
| (3) in a motor vehicle involved in interstate travel; | 18 |
| (4) going to or returning home from an employment | 19 |
| activity, without any detour or stop; | 20 |
| (5) involved in an emergency; | 21 |
| (6) going to or returning home from, without any detour | 22 |
| or stop, an official school, religious, or other | 23 |
| recreational activity supervised by adults and sponsored | 24 |
| by a government or governmental agency, a civic | 25 |
| organization, or another similar entity that takes | 26 |
| responsibility for the licensee, without any detour or |
|
|
|
SB0172 Enrolled |
- 32 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| stop; | 2 |
| (7) exercising First Amendment rights protected by the | 3 |
| United States Constitution, such as the free exercise of | 4 |
| religion, freedom of speech, and the right of assembly; or | 5 |
| (8) married or had been married or is an emancipated | 6 |
| minor under the Emancipation of Minors Act. | 7 |
| (a-3) If a graduated driver's license holder over the age | 8 |
| of 18 committed an offense against traffic regulations | 9 |
| governing the movement of vehicles or any violation of Section | 10 |
| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 11 |
| the graduated driver's license holder's 18th birthday, and was | 12 |
| subsequently convicted of the offense, the provisions of | 13 |
| subsection (a-1) shall continue to apply until such time as a | 14 |
| period of 6 consecutive months has elapsed without an | 15 |
| additional violation and subsequent conviction of an offense | 16 |
| against traffic regulations governing the movement of vehicles | 17 |
| or Section 6-107 or Section 12-603.1 of this Code.
| 18 |
| (b) Until the Secretary of State establishes a First Person | 19 |
| Consent organ and tissue donor registry under Section 6-117 of | 20 |
| this Code, the Secretary of State shall provide a format on the | 21 |
| reverse of
each driver's license issued which the licensee may | 22 |
| use to execute a document
of gift conforming to the provisions | 23 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 24 |
| licensee to indicate the gift intended, whether
specific | 25 |
| organs, any organ, or the entire body, and shall accommodate | 26 |
| the
signatures of the donor and 2 witnesses. The Secretary |
|
|
|
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|
| 1 |
| shall also inform
each applicant or licensee of this format, | 2 |
| describe the procedure for its
execution, and may offer the | 3 |
| necessary witnesses; provided that in so doing,
the Secretary | 4 |
| shall advise the applicant or licensee that he or she is
under | 5 |
| no compulsion to execute a document of gift. A brochure
| 6 |
| explaining this method of executing an anatomical gift document | 7 |
| shall be given
to each applicant or licensee. The brochure | 8 |
| shall advise the applicant or
licensee that he or she is under | 9 |
| no compulsion to execute a document of
gift, and that he or she | 10 |
| may wish to consult with family, friends or clergy
before doing | 11 |
| so. The Secretary of State may undertake additional efforts,
| 12 |
| including education and awareness activities, to promote organ | 13 |
| and tissue
donation.
| 14 |
| (c) The Secretary of State shall designate on each driver's | 15 |
| license issued
a space where the licensee may place a sticker | 16 |
| or decal of the uniform
size as the Secretary may specify, | 17 |
| which sticker or decal may indicate in
appropriate language | 18 |
| that the owner of the license carries an Emergency
Medical | 19 |
| Information Card.
| 20 |
| The sticker may be provided by any person, hospital, | 21 |
| school,
medical group, or association interested in assisting | 22 |
| in implementing
the Emergency Medical Information Card, but | 23 |
| shall meet the specifications
as the Secretary may by rule or | 24 |
| regulation require.
| 25 |
| (d) The Secretary of State shall designate on each driver's | 26 |
| license issued
a space where the licensee may indicate his |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| blood type and RH factor.
| 2 |
| (e) The Secretary of State shall provide
that each original | 3 |
| or renewal driver's license issued to a licensee under
21 years | 4 |
| of age shall be of a distinct nature from those driver's | 5 |
| licenses
issued to individuals 21 years of age and older. The | 6 |
| color designated for
driver's licenses for licensees under 21 | 7 |
| years of age shall be at the
discretion of the Secretary of | 8 |
| State.
| 9 |
| (e-1) The Secretary shall provide that each driver's | 10 |
| license issued to a
person under the age of 21 displays the | 11 |
| date upon which the person becomes 18
years of age and the date | 12 |
| upon which the person becomes 21 years of age.
| 13 |
| (f) The Secretary of State shall inform all Illinois | 14 |
| licensed
commercial motor vehicle operators of the | 15 |
| requirements of the Uniform
Commercial Driver License Act, | 16 |
| Article V of this Chapter, and shall make
provisions to insure | 17 |
| that all drivers, seeking to obtain a commercial
driver's | 18 |
| license, be afforded an opportunity prior to April 1, 1992, to
| 19 |
| obtain the license. The Secretary is authorized to extend
| 20 |
| driver's license expiration dates, and assign specific times, | 21 |
| dates and
locations where these commercial driver's tests shall | 22 |
| be conducted. Any
applicant, regardless of the current | 23 |
| expiration date of the applicant's
driver's license, may be | 24 |
| subject to any assignment by the Secretary.
Failure to comply | 25 |
| with the Secretary's assignment may result in the
applicant's | 26 |
| forfeiture of an opportunity to receive a commercial driver's
|
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| license prior to April 1, 1992.
| 2 |
| (g) The Secretary of State shall designate on a
driver's | 3 |
| license issued, a space where the licensee may indicate that he | 4 |
| or
she has drafted a living will in accordance with the | 5 |
| Illinois Living Will
Act or a durable power of attorney for | 6 |
| health care in accordance with the
Illinois Power of Attorney | 7 |
| Act.
| 8 |
| (g-1) The Secretary of State, in his or her discretion, may | 9 |
| designate on
each driver's license issued a space where the | 10 |
| licensee may place a sticker or
decal, issued by the Secretary | 11 |
| of State, of uniform size as the Secretary may
specify, that | 12 |
| shall indicate in appropriate language that the owner of the
| 13 |
| license has renewed his or her driver's license.
| 14 |
| (h) A person who acts in good faith in accordance with the | 15 |
| terms of
this Section is not liable for damages in any civil | 16 |
| action or subject to
prosecution in any criminal proceeding for | 17 |
| his or her act.
| 18 |
| (Source: P.A. 93-794, eff. 7-22-04; 93-895, eff. 1-1-05; 94-75, | 19 |
| eff. 1-1-06; 94-930, eff. 6-26-06.)
| 20 |
| (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| 21 |
| Sec. 6-113. Restricted licenses and permits.
| 22 |
| (a) The Secretary of
State upon issuing a drivers license | 23 |
| or permit shall have the authority
whenever good cause appears | 24 |
| to impose restrictions suitable to the
licensee's driving | 25 |
| ability with respect to the type of, or special
mechanical |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| control devices required on, a motor vehicle which the
licensee | 2 |
| may operate or such other restrictions applicable to the
| 3 |
| licensee as the Secretary of State may determine to be | 4 |
| appropriate to
assure the safe operation of a motor vehicle by | 5 |
| the licensee.
| 6 |
| (b) The Secretary of State may either issue a special | 7 |
| restricted
license or permit or may set forth such restrictions | 8 |
| upon the usual
license or permit form.
| 9 |
| (c) The Secretary of State may issue a probationary license | 10 |
| to a person
whose driving privileges have been suspended | 11 |
| pursuant to subsection (d) of this
Section or subsections | 12 |
| (a)(2), (a)(19) and (a)(20) of Section 6-206 of this
Code. The | 13 |
| Secretary of State shall promulgate rules pursuant to The
| 14 |
| Illinois Administrative Procedure Act, setting forth the | 15 |
| conditions and
criteria for the issuance and cancellation of | 16 |
| probationary licenses.
| 17 |
| (d) The Secretary of State may upon receiving satisfactory | 18 |
| evidence
of any violation of the restrictions of such license | 19 |
| or permit suspend,
revoke or cancel the same without | 20 |
| preliminary hearing, but the licensee or
permittee shall be | 21 |
| entitled to a hearing as in the case of a suspension
or | 22 |
| revocation.
| 23 |
| (e) It is unlawful for any person to operate a motor | 24 |
| vehicle in any
manner in violation of the restrictions imposed | 25 |
| on a restricted license
or permit issued to him.
| 26 |
| (f) Whenever the holder of a restricted driving permit is |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| issued a citation
for any of the following offenses including | 2 |
| similar local ordinances, the
restricted driving permit is | 3 |
| immediately invalidated:
| 4 |
| 1. Reckless homicide resulting from the operation of a | 5 |
| motor vehicle;
| 6 |
| 2. Violation of Section 11-501 of this Act relating to | 7 |
| the operation of
a motor vehicle while under the influence | 8 |
| of intoxicating liquor or narcotic
drugs;
| 9 |
| 3. Violation of Section 11-401 of this Act relating to | 10 |
| the offense of
leaving the scene of a traffic accident | 11 |
| involving death or injury; or
| 12 |
| 4. Violation of Section 11-504 of this Act relating to | 13 |
| the offense of drag
racing; or
| 14 |
| 5. Violation of Section 11-506 of this Act relating to | 15 |
| the offense of street racing.
| 16 |
| The police officer issuing the citation shall confiscate | 17 |
| the restricted
driving permit and forward it, along with the | 18 |
| citation, to the Clerk of
the Circuit Court of the county in | 19 |
| which the citation was issued.
| 20 |
| (g) The Secretary of State may issue a special restricted
| 21 |
| license for a period of 12 months to individuals using vision | 22 |
| aid
arrangements other than standard eyeglasses or contact | 23 |
| lenses,
allowing the operation of a motor vehicle during | 24 |
| nighttime hours.
The Secretary of State shall adopt rules | 25 |
| defining the terms and
conditions by which the individual may | 26 |
| obtain and renew this
special restricted license. At a minimum, |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| all drivers must meet
the following requirements:
| 2 |
| 1. Possess a valid driver's license and have operated a
| 3 |
| motor vehicle during daylight hours for a period of 12 | 4 |
| months
using vision aid arrangements other than standard | 5 |
| eyeglasses
or contact lenses.
| 6 |
| 2. Have a driving record that does not include any
| 7 |
| traffic accidents that occurred during nighttime hours, | 8 |
| for which the
driver has been found to be at fault, during | 9 |
| the 12 months before he or she
applied for the special | 10 |
| restricted license.
| 11 |
| 3. Successfully complete a road test administered | 12 |
| during
nighttime hours.
| 13 |
| At a minimum, all drivers renewing this license must meet | 14 |
| the
following requirements:
| 15 |
| 1. Successfully complete a road test administered | 16 |
| during
nighttime hours.
| 17 |
| 2. Have a driving record that does not include any
| 18 |
| traffic accidents that occurred during nighttime hours, | 19 |
| for which the
driver has been found to be at fault, during | 20 |
| the 12 months before he or she
applied for
the special | 21 |
| restricted license.
| 22 |
| (h) Any driver issued a special restricted license as | 23 |
| defined in
subsection (g) whose privilege to drive during | 24 |
| nighttime hours has been
suspended due to an accident occurring | 25 |
| during nighttime hours may request
a hearing as provided in | 26 |
| Section 2-118 of this Code to contest that suspension.
If it is
|
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| determined that the accident for which the driver was at fault | 2 |
| was not
influenced by the driver's use of vision aid | 3 |
| arrangements other than standard
eyeglasses or contact lenses, | 4 |
| the Secretary may reinstate that driver's
privilege to drive | 5 |
| during nighttime hours.
| 6 |
| (Source: P.A. 92-274, eff. 1-1-02.)
| 7 |
| (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| 8 |
| Sec. 6-204. When Court to forward License and Reports.
| 9 |
| (a) For the purpose of providing to the Secretary of State | 10 |
| the records
essential to the performance of the Secretary's | 11 |
| duties under this Code to
cancel, revoke or suspend the | 12 |
| driver's license and privilege to drive motor
vehicles of | 13 |
| certain minors adjudicated truant minors in need of | 14 |
| supervision,
addicted, or delinquent and of persons
found | 15 |
| guilty of the criminal offenses or traffic violations
which | 16 |
| this Code recognizes as evidence relating to unfitness to | 17 |
| safely operate
motor vehicles, the following duties are imposed | 18 |
| upon public officials:
| 19 |
| (1) Whenever any person is convicted of any offense for | 20 |
| which
this
Code makes mandatory the cancellation or | 21 |
| revocation of the driver's
license or permit of such person | 22 |
| by the Secretary of State, the judge of the
court in which | 23 |
| such conviction is had shall require the surrender to the | 24 |
| clerk
of the court of all driver's licenses or permits then | 25 |
| held by the person so
convicted, and the clerk of the court |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| shall, within 5 days thereafter, forward
the same, together | 2 |
| with a report of such conviction, to the Secretary.
| 3 |
| (2) Whenever any person is convicted of any offense | 4 |
| under this
Code or
similar offenses under a municipal | 5 |
| ordinance, other than regulations
governing standing, | 6 |
| parking or weights of vehicles, and excepting the
following | 7 |
| enumerated Sections of this Code: Sections 11-1406 | 8 |
| (obstruction
to driver's view or control), 11-1407 | 9 |
| (improper opening of door into
traffic), 11-1410 (coasting | 10 |
| on downgrade), 11-1411 (following fire
apparatus), | 11 |
| 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| 12 |
| vehicle which is in unsafe condition or improperly | 13 |
| equipped), 12-201(a)
(daytime lights on motorcycles), | 14 |
| 12-202 (clearance, identification and
side marker lamps), | 15 |
| 12-204 (lamp or flag on projecting load), 12-205
(failure | 16 |
| to display the safety lights required), 12-401 | 17 |
| (restrictions as
to tire equipment), 12-502 (mirrors), | 18 |
| 12-503 (windshields must be
unobstructed and equipped with | 19 |
| wipers), 12-601 (horns and warning
devices), 12-602 | 20 |
| (mufflers, prevention of noise or smoke), 12-603 (seat
| 21 |
| safety belts), 12-702 (certain vehicles to carry flares or | 22 |
| other warning
devices), 12-703 (vehicles for oiling roads | 23 |
| operated on highways),
12-710 (splash guards and | 24 |
| replacements), 13-101 (safety tests), 15-101
(size, weight | 25 |
| and load), 15-102 (width), 15-103 (height), 15-104 (name
| 26 |
| and address on second division vehicles), 15-107 (length of |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | 2 |
| 15-112 (weights), 15-301
(weights), 15-316 (weights), | 3 |
| 15-318 (weights), and also excepting the following
| 4 |
| enumerated Sections of the Chicago Municipal Code: | 5 |
| Sections 27-245 (following
fire apparatus), 27-254 | 6 |
| (obstruction of traffic), 27-258 (driving vehicle which
is | 7 |
| in unsafe condition), 27-259 (coasting on downgrade), | 8 |
| 27-264 (use of horns
and signal devices), 27-265 | 9 |
| (obstruction to driver's view or driver mechanism),
27-267 | 10 |
| (dimming of headlights), 27-268 (unattended motor | 11 |
| vehicle), 27-272
(illegal funeral procession), 27-273 | 12 |
| (funeral procession on boulevard), 27-275
(driving freight | 13 |
| hauling vehicles on boulevard), 27-276 (stopping and | 14 |
| standing
of buses or taxicabs), 27-277 (cruising of public | 15 |
| passenger vehicles), 27-305
(parallel parking), 27-306 | 16 |
| (diagonal parking), 27-307 (parking not to obstruct
| 17 |
| traffic), 27-308 (stopping, standing or parking | 18 |
| regulated), 27-311 (parking
regulations), 27-312 (parking | 19 |
| regulations), 27-313 (parking regulations),
27-314 | 20 |
| (parking regulations), 27-315 (parking regulations), | 21 |
| 27-316 (parking
regulations), 27-317 (parking | 22 |
| regulations), 27-318 (parking regulations),
27-319 | 23 |
| (parking regulations), 27-320 (parking regulations), | 24 |
| 27-321 (parking
regulations), 27-322 (parking | 25 |
| regulations), 27-324 (loading and
unloading at an angle), | 26 |
| 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| the downtown district), 27-335 (load restrictions in
| 2 |
| residential areas), 27-338 (width of vehicles), 27-339 | 3 |
| (height of
vehicles), 27-340 (length of vehicles), 27-352 | 4 |
| (reflectors on trailers),
27-353 (mufflers), 27-354 | 5 |
| (display of plates), 27-355 (display of city
vehicle tax | 6 |
| sticker), 27-357 (identification of vehicles), 27-358
| 7 |
| (projecting of loads), and also excepting the following | 8 |
| enumerated
paragraphs of Section 2-201 of the Rules and | 9 |
| Regulations of the Illinois
State Toll Highway Authority: | 10 |
| (l) (driving unsafe vehicle on tollway),
(m) (vehicles | 11 |
| transporting dangerous cargo not properly indicated), it
| 12 |
| shall be the duty of the clerk of the court in which such | 13 |
| conviction is
had within 5 days thereafter to forward to | 14 |
| the Secretary of State a report of
the conviction and the | 15 |
| court may recommend the suspension of the driver's
license | 16 |
| or permit of the person so convicted.
| 17 |
| The reporting requirements of this subsection shall apply | 18 |
| to all
violations stated in paragraphs (1) and (2) of this
| 19 |
| subsection when the
individual has been adjudicated under the | 20 |
| Juvenile Court Act or the
Juvenile Court Act of 1987. Such | 21 |
| reporting requirements shall also apply to
individuals | 22 |
| adjudicated under the Juvenile Court Act or the Juvenile Court | 23 |
| Act
of 1987 who have committed a violation of Section 11-501 of | 24 |
| this Code, or
similar provision of a local ordinance, or | 25 |
| Section 9-3 of the Criminal Code
of 1961, as amended, relating | 26 |
| to the offense of reckless homicide.
The reporting requirements |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| of this subsection shall also apply to
a truant minor in need | 2 |
| of supervision, an addicted
minor, or a delinquent minor and | 3 |
| whose driver's license and privilege to
drive a motor vehicle | 4 |
| has been ordered suspended for such times as determined
by the | 5 |
| Court, but only until he or she attains
18 years of age. It | 6 |
| shall be the duty of the clerk of the court in which
| 7 |
| adjudication is had within 5 days thereafter to forward to the | 8 |
| Secretary of
State a report of the adjudication and the court | 9 |
| order requiring the Secretary
of State to suspend the minor's | 10 |
| driver's license and driving privilege for such
time as | 11 |
| determined by the Court, but only until he or she attains the | 12 |
| age of 18
years. All juvenile court dispositions reported to | 13 |
| the Secretary of State
under this provision shall be processed | 14 |
| by the Secretary of State as if the
cases had been adjudicated | 15 |
| in traffic or criminal court. However, information
reported | 16 |
| relative to the offense of reckless homicide, or Section 11-501 | 17 |
| of
this Code, or a similar provision of a local ordinance, | 18 |
| shall be privileged
and available only to the Secretary of | 19 |
| State, courts, and police officers.
| 20 |
| The reporting requirements of this subsection (a) | 21 |
| apply to all violations listed in paragraphs (1) and (2) of | 22 |
| this subsection (a), excluding parking violations, when | 23 |
| the driver holds a CDL, regardless of the type of vehicle | 24 |
| in which the violation occurred, or when any driver | 25 |
| committed the violation in a commercial motor vehicle as | 26 |
| defined in Section 6-500 of this Code.
|
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| (3) Whenever an order is entered vacating the | 2 |
| forfeiture of any
bail,
security or bond given to secure | 3 |
| appearance for any offense under this
Code or similar | 4 |
| offenses under municipal ordinance, it shall be the duty
of | 5 |
| the clerk of the court in which such vacation was had or | 6 |
| the judge of
such court if such court has no clerk, within | 7 |
| 5 days thereafter to
forward to the Secretary of State a | 8 |
| report of the vacation.
| 9 |
| (4) A report of any disposition of court supervision | 10 |
| for a
violation of
Sections 6-303, 11-401, 11-501 or a | 11 |
| similar provision of a local ordinance,
11-503 ,
and 11-504 , | 12 |
| and 11-506 shall be forwarded to the Secretary of State.
A | 13 |
| report of any disposition of court supervision for a | 14 |
| violation of an offense
defined as a serious traffic | 15 |
| violation in this Code or a similar provision of a
local | 16 |
| ordinance committed by a person under the age of 21 years | 17 |
| shall be
forwarded to the Secretary of State.
| 18 |
| (5) Reports of conviction
under this Code
and | 19 |
| sentencing hearings under the
Juvenile Court
Act of 1987 in | 20 |
| an electronic format
or a computer processible medium
shall
| 21 |
| be
forwarded to the Secretary of State via the Supreme | 22 |
| Court in the form and
format required by the Illinois | 23 |
| Supreme Court and established by a written
agreement | 24 |
| between the Supreme Court and the Secretary of State.
In | 25 |
| counties with a population over 300,000, instead of | 26 |
| forwarding reports to
the Supreme Court, reports of |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| conviction
under this Code
and sentencing hearings under | 2 |
| the
Juvenile Court Act of 1987 in an electronic format
or a | 3 |
| computer processible medium
may
be forwarded to the | 4 |
| Secretary of State by the Circuit Court Clerk in a form and
| 5 |
| format required by the Secretary of State and established | 6 |
| by written agreement
between the Circuit Court Clerk and | 7 |
| the Secretary of State. Failure to
forward the reports of | 8 |
| conviction or sentencing hearing under the Juvenile
Court | 9 |
| Act of 1987 as required by this Section shall be
deemed an | 10 |
| omission of duty and it shall be the duty of the several | 11 |
| State's
Attorneys to enforce the requirements of this | 12 |
| Section.
| 13 |
| (b) Whenever a restricted driving permit is forwarded to a | 14 |
| court, as a
result of confiscation by a police officer pursuant | 15 |
| to the authority in
Section 6-113(f), it shall be the duty of | 16 |
| the clerk, or judge, if the court
has no clerk, to forward such | 17 |
| restricted driving permit and a facsimile of
the officer's | 18 |
| citation to the Secretary of State as expeditiously as
| 19 |
| practicable.
| 20 |
| (c) For the purposes of this Code, a forfeiture of bail or | 21 |
| collateral
deposited to secure a defendant's appearance in | 22 |
| court when forfeiture
has not been vacated, or the failure of a | 23 |
| defendant to appear for trial
after depositing his driver's | 24 |
| license in lieu of other bail, shall be
equivalent to a | 25 |
| conviction.
| 26 |
| (d) For the purpose of providing the Secretary of State |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| with records
necessary to properly monitor and assess driver | 2 |
| performance and assist the
courts in the proper disposition of | 3 |
| repeat traffic law offenders, the clerk
of the court shall | 4 |
| forward to the Secretary of State,
on a form prescribed
by the | 5 |
| Secretary, records of a driver's participation in a driver | 6 |
| remedial
or rehabilitative program which was required, through | 7 |
| a court order or court
supervision, in relation to the driver's | 8 |
| arrest for a violation of Section
11-501 of this Code or a | 9 |
| similar provision of a local ordinance.
The clerk of the court | 10 |
| shall also forward to the Secretary, either on
paper or in an | 11 |
| electronic format or a computer processible medium as required
| 12 |
| under paragraph (5) of subsection (a) of this Section, any | 13 |
| disposition
of court supervision for any traffic violation,
| 14 |
| excluding those offenses listed in paragraph (2)
of subsection | 15 |
| (a) of this Section.
These reports
shall be sent within 5
days | 16 |
| after disposition, or, if
the driver is
referred to a driver
| 17 |
| remedial or rehabilitative program, within 5 days of the | 18 |
| driver's referral
to that program.
These reports received by | 19 |
| the Secretary of State, including those required to
be | 20 |
| forwarded under paragraph (a)(4), shall be privileged | 21 |
| information, available
only (i) to the affected driver and (ii) | 22 |
| for use by the courts, police
officers, prosecuting | 23 |
| authorities, and the Secretary of State. In accordance with 49 | 24 |
| C.F.R. Part 384, all reports of court supervision, except | 25 |
| violations related to parking, shall be forwarded to the | 26 |
| Secretary of State for all holders of a CDL or any driver who |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| commits an offense while driving a commercial motor vehicle. | 2 |
| These reports shall be recorded to the driver's record as a | 3 |
| conviction for use in the disqualification of the driver's | 4 |
| commercial motor vehicle privileges and shall not be privileged | 5 |
| information.
| 6 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
| 7 |
| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| 8 |
| Sec. 6-205. Mandatory revocation of license or permit; | 9 |
| Hardship cases.
| 10 |
| (a) Except as provided in this Section, the Secretary of | 11 |
| State shall
immediately revoke the license, permit, or driving | 12 |
| privileges of
any driver upon receiving a
report of the | 13 |
| driver's conviction of any of the following offenses:
| 14 |
| 1. Reckless homicide resulting from the operation of a | 15 |
| motor vehicle;
| 16 |
| 2. Violation of Section 11-501 of this Code or a | 17 |
| similar provision of
a local ordinance relating to the | 18 |
| offense of operating or being in physical
control of a | 19 |
| vehicle while under the influence of alcohol, other drug or
| 20 |
| drugs, intoxicating compound or compounds, or any | 21 |
| combination thereof;
| 22 |
| 3. Any felony under the laws of any State or the | 23 |
| federal government
in the commission of which a motor | 24 |
| vehicle was used;
| 25 |
| 4. Violation of Section 11-401 of this Code relating to |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| the offense of
leaving the scene of a traffic accident | 2 |
| involving death or personal injury;
| 3 |
| 5. Perjury or the making of a false affidavit or | 4 |
| statement under
oath to the Secretary of State under this | 5 |
| Code or under any
other law relating to the ownership or | 6 |
| operation of motor vehicles;
| 7 |
| 6. Conviction upon 3 charges of violation of Section | 8 |
| 11-503 of this
Code relating to the offense of reckless | 9 |
| driving committed within a
period of 12 months;
| 10 |
| 7. Conviction of any offense
defined in
Section 4-102 | 11 |
| of this Code;
| 12 |
| 8. Violation of Section 11-504 of this Code relating to | 13 |
| the offense
of drag racing;
| 14 |
| 9. Violation of Chapters 8 and 9 of this Code;
| 15 |
| 10. Violation of Section 12-5 of the Criminal Code of | 16 |
| 1961 arising from
the use of a motor vehicle;
| 17 |
| 11. Violation of Section 11-204.1 of this Code relating | 18 |
| to aggravated
fleeing or attempting to elude a peace | 19 |
| officer;
| 20 |
| 12. Violation of paragraph (1) of subsection (b) of | 21 |
| Section 6-507,
or a similar law of any other state, | 22 |
| relating to the
unlawful operation of a commercial motor | 23 |
| vehicle;
| 24 |
| 13. Violation of paragraph (a) of Section 11-502 of | 25 |
| this Code or a
similar provision of a local ordinance if | 26 |
| the driver has been previously
convicted of a violation of |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| that Section or a similar provision of a local
ordinance | 2 |
| and the driver was less than 21 years of age at the time of | 3 |
| the
offense ;
.
| 4 |
| 14. Violation of Section 11-506 of this Code or a | 5 |
| similar provision of a local ordinance relating to the | 6 |
| offense of street racing.
| 7 |
| (b) The Secretary of State shall also immediately revoke | 8 |
| the license
or permit of any driver in the following | 9 |
| situations:
| 10 |
| 1. Of any minor upon receiving the notice provided for | 11 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 12 |
| minor has been
adjudicated under that Act as having | 13 |
| committed an offense relating to
motor vehicles prescribed | 14 |
| in Section 4-103 of this Code;
| 15 |
| 2. Of any person when any other law of this State | 16 |
| requires either the
revocation or suspension of a license | 17 |
| or permit.
| 18 |
| (c) Whenever a person is convicted of any of the offenses | 19 |
| enumerated in
this Section, the court may recommend and the | 20 |
| Secretary of State in his
discretion, without regard to whether | 21 |
| the recommendation is made by the
court may, upon application,
| 22 |
| issue to the person a
restricted driving permit granting the | 23 |
| privilege of driving a motor
vehicle between the petitioner's | 24 |
| residence and petitioner's place
of employment or within the | 25 |
| scope of the petitioner's employment related
duties, or to | 26 |
| allow transportation for the petitioner or a household member
|
|
|
|
SB0172 Enrolled |
- 50 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| of the petitioner's family for the receipt of necessary medical | 2 |
| care or, if
the professional evaluation indicates, provide | 3 |
| transportation for the
petitioner for alcohol remedial or | 4 |
| rehabilitative activity, or for the
petitioner to attend | 5 |
| classes, as a student, in an accredited educational
| 6 |
| institution; if the petitioner is able to demonstrate that no | 7 |
| alternative means
of transportation is reasonably available | 8 |
| and the petitioner will not endanger
the public safety or | 9 |
| welfare; provided that the Secretary's discretion shall be
| 10 |
| limited to cases where undue hardship would result from a | 11 |
| failure to issue the
restricted driving permit.
| 12 |
| If a person's license or permit has been revoked or | 13 |
| suspended due to 2 or
more convictions of violating Section | 14 |
| 11-501 of this Code or a similar
provision of a local ordinance | 15 |
| or a similar out-of-state offense, arising out
of separate | 16 |
| occurrences, that person, if issued a restricted driving | 17 |
| permit,
may not operate a vehicle unless it has been equipped | 18 |
| with an ignition
interlock device as defined in Section | 19 |
| 1-129.1.
| 20 |
| If a person's license or permit has been revoked or | 21 |
| suspended 2 or more
times within a 10 year period due to a | 22 |
| single conviction of violating Section
11-501 of this Code or a | 23 |
| similar provision of a local ordinance or a similar
| 24 |
| out-of-state offense, and a statutory summary suspension under | 25 |
| Section
11-501.1, or 2 or more statutory summary suspensions, | 26 |
| or combination of 2
offenses, or of an offense and a statutory |
|
|
|
SB0172 Enrolled |
- 51 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| summary suspension, arising out of
separate occurrences, that | 2 |
| person, if issued a restricted
driving permit, may not operate | 3 |
| a vehicle unless it has been equipped with an
ignition | 4 |
| interlock device as defined in Section 1-129.1.
The person must | 5 |
| pay to the Secretary of State DUI Administration Fund an amount
| 6 |
| not to exceed $20 per month. The Secretary shall establish by | 7 |
| rule the amount
and the procedures, terms, and conditions | 8 |
| relating to these fees.
If the restricted driving permit was | 9 |
| issued for employment purposes, then
this provision does not | 10 |
| apply to the operation of an occupational vehicle
owned or | 11 |
| leased by that person's employer.
In each case the Secretary of | 12 |
| State may issue a
restricted driving permit for a period he | 13 |
| deems appropriate, except that the
permit shall expire within | 14 |
| one year from the date of issuance. The Secretary
may not, | 15 |
| however, issue a restricted driving permit to any person whose | 16 |
| current
revocation is the result of a second or subsequent | 17 |
| conviction for a violation
of Section 11-501 of this Code or a | 18 |
| similar provision of a local ordinance
relating to the offense | 19 |
| of operating or being in physical control of a motor
vehicle | 20 |
| while under the influence of alcohol, other drug or drugs, | 21 |
| intoxicating
compound or compounds, or any similar | 22 |
| out-of-state offense, or any combination
thereof, until the | 23 |
| expiration of at least one year from the date of the
| 24 |
| revocation. A restricted
driving permit issued under this | 25 |
| Section shall be
subject to cancellation, revocation, and | 26 |
| suspension by the Secretary of
State in like manner and for |
|
|
|
SB0172 Enrolled |
- 52 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| like cause as a driver's license issued
under this Code may be | 2 |
| cancelled, revoked, or
suspended; except that a conviction upon | 3 |
| one or more offenses against laws or
ordinances regulating the | 4 |
| movement of traffic shall be deemed sufficient cause
for the | 5 |
| revocation, suspension, or cancellation of a restricted | 6 |
| driving permit.
The Secretary of State may, as a condition to | 7 |
| the issuance of a restricted
driving permit, require the | 8 |
| applicant to participate in a designated driver
remedial or | 9 |
| rehabilitative program. The Secretary of State is authorized to
| 10 |
| cancel a restricted driving permit if the permit holder does | 11 |
| not successfully
complete the program. However, if an | 12 |
| individual's driving privileges have been
revoked in | 13 |
| accordance with paragraph 13 of subsection (a) of this Section, | 14 |
| no
restricted driving permit shall be issued until the | 15 |
| individual has served 6
months of the revocation period.
| 16 |
| (d) Whenever a person under the age of 21 is convicted | 17 |
| under Section
11-501 of this Code or a similar provision of a | 18 |
| local ordinance, the
Secretary of State shall revoke the | 19 |
| driving privileges of that person. One
year after the date of | 20 |
| revocation, and upon application, the Secretary of
State may, | 21 |
| if satisfied that the person applying will not endanger the
| 22 |
| public safety or welfare, issue a restricted driving permit | 23 |
| granting the
privilege of driving a motor vehicle only between | 24 |
| the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | 25 |
| Section for a period of one year.
After this one year period, | 26 |
| and upon reapplication for a license as
provided in Section |
|
|
|
SB0172 Enrolled |
- 53 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| 6-106, upon payment of the appropriate reinstatement
fee | 2 |
| provided under paragraph (b) of Section 6-118, the Secretary of | 3 |
| State,
in his discretion, may
issue the applicant a
license, or | 4 |
| extend the restricted driving permit as many times as the
| 5 |
| Secretary of State deems appropriate, by additional periods of | 6 |
| not more than
12 months each, until the applicant attains 21 | 7 |
| years of age.
| 8 |
| If a person's license or permit has been revoked or | 9 |
| suspended due to 2 or
more convictions of violating Section | 10 |
| 11-501 of this Code or a similar
provision of a local ordinance | 11 |
| or a similar out-of-state offense, arising out
of separate | 12 |
| occurrences, that person, if issued a restricted driving | 13 |
| permit,
may not operate a vehicle unless it has been equipped | 14 |
| with an ignition
interlock device as defined in Section | 15 |
| 1-129.1.
| 16 |
| If a person's license or permit has been revoked or | 17 |
| suspended 2 or more times
within a 10 year period due to a | 18 |
| single conviction of violating Section 11-501
of this
Code or a | 19 |
| similar provision of a local ordinance or a similar | 20 |
| out-of-state
offense, and
a statutory summary suspension under | 21 |
| Section 11-501.1, or 2 or more statutory
summary
suspensions, | 22 |
| or combination of 2 offenses, or of an offense and a statutory
| 23 |
| summary
suspension, arising out of separate occurrences, that | 24 |
| person, if issued a
restricted
driving permit, may not operate | 25 |
| a vehicle unless it has been equipped with an
ignition | 26 |
| interlock device as defined in Section 1-129.1.
The person must |
|
|
|
SB0172 Enrolled |
- 54 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| pay to the Secretary of State DUI Administration Fund an amount
| 2 |
| not to exceed $20 per month. The Secretary shall establish by | 3 |
| rule the amount
and the procedures, terms, and conditions | 4 |
| relating to these fees.
If the restricted driving permit was | 5 |
| issued for employment purposes, then
this provision does not | 6 |
| apply to the operation of an occupational vehicle
owned or | 7 |
| leased by that person's employer. A
restricted driving permit | 8 |
| issued under this Section shall be subject to
cancellation, | 9 |
| revocation, and suspension by the Secretary of State in like
| 10 |
| manner and for like cause as a driver's license issued under | 11 |
| this Code may be
cancelled, revoked, or suspended; except that | 12 |
| a conviction upon one or more
offenses against laws or | 13 |
| ordinances regulating the movement of traffic
shall be deemed | 14 |
| sufficient cause for the revocation, suspension, or
| 15 |
| cancellation of a restricted driving permit.
The revocation | 16 |
| periods contained in this subparagraph shall apply to similar
| 17 |
| out-of-state convictions.
| 18 |
| (e) This Section is subject to the provisions of the Driver | 19 |
| License
Compact.
| 20 |
| (f) Any revocation imposed upon any person under | 21 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 22 |
| December 31, 1988 shall be
converted to a suspension for a like | 23 |
| period of time.
| 24 |
| (g) The Secretary of State shall not issue a restricted | 25 |
| driving permit to
a person under the age of 16 years whose | 26 |
| driving privileges have been revoked
under any provisions of |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| this Code.
| 2 |
| (h) The Secretary of State shall require the use of | 3 |
| ignition interlock
devices on all vehicles owned by an | 4 |
| individual who has been convicted of a
second or subsequent | 5 |
| offense under Section 11-501 of this Code or a similar
| 6 |
| provision of a local ordinance. The Secretary shall establish | 7 |
| by rule and
regulation the procedures for certification and use | 8 |
| of the interlock
system.
| 9 |
| (i) The Secretary of State may not issue a restricted | 10 |
| driving permit for
a period of one year after a second or | 11 |
| subsequent revocation of driving
privileges under clause | 12 |
| (a)(2) of this Section; however, one
year after the date of a | 13 |
| second or subsequent revocation of driving privileges
under | 14 |
| clause (a)(2) of this Section, the Secretary of State may,
upon | 15 |
| application, issue a restricted driving permit under the terms | 16 |
| and
conditions of subsection (c).
| 17 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 18 |
| State may not issue a restricted driving permit for the | 19 |
| operation of a commercial motor vehicle to a person holding a | 20 |
| CDL whose driving privileges have been revoked under any | 21 |
| provisions of this Code.
| 22 |
| (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| 23 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| 24 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 25 |
| license or
permit; Right to a hearing.
|
|
|
|
SB0172 Enrolled |
- 56 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| (a) The Secretary of State is authorized to suspend or | 2 |
| revoke the
driving privileges of any person without preliminary | 3 |
| hearing upon a showing
of the person's records or other | 4 |
| sufficient evidence that
the person:
| 5 |
| 1. Has committed an offense for which mandatory | 6 |
| revocation of
a driver's license or permit is required upon | 7 |
| conviction;
| 8 |
| 2. Has been convicted of not less than 3 offenses | 9 |
| against traffic
regulations governing the movement of | 10 |
| vehicles committed within any 12
month period. No | 11 |
| revocation or suspension shall be entered more than
6 | 12 |
| months after the date of last conviction;
| 13 |
| 3. Has been repeatedly involved as a driver in motor | 14 |
| vehicle
collisions or has been repeatedly convicted of | 15 |
| offenses against laws and
ordinances regulating the | 16 |
| movement of traffic, to a degree that
indicates lack of | 17 |
| ability to exercise ordinary and reasonable care in
the | 18 |
| safe operation of a motor vehicle or disrespect for the | 19 |
| traffic laws
and the safety of other persons upon the | 20 |
| highway;
| 21 |
| 4. Has by the unlawful operation of a motor vehicle | 22 |
| caused or
contributed to an accident resulting in death or | 23 |
| injury requiring
immediate professional treatment in a | 24 |
| medical facility or doctor's office
to any person, except | 25 |
| that any suspension or revocation imposed by the
Secretary | 26 |
| of State under the provisions of this subsection shall |
|
|
|
SB0172 Enrolled |
- 57 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| start no
later than 6 months after being convicted of | 2 |
| violating a law or
ordinance regulating the movement of | 3 |
| traffic, which violation is related
to the accident, or | 4 |
| shall start not more than one year
after
the date of the | 5 |
| accident, whichever date occurs later;
| 6 |
| 5. Has permitted an unlawful or fraudulent use of a | 7 |
| driver's
license, identification card, or permit;
| 8 |
| 6. Has been lawfully convicted of an offense or | 9 |
| offenses in another
state, including the authorization | 10 |
| contained in Section 6-203.1, which
if committed within | 11 |
| this State would be grounds for suspension or revocation;
| 12 |
| 7. Has refused or failed to submit to an examination | 13 |
| provided for by
Section 6-207 or has failed to pass the | 14 |
| examination;
| 15 |
| 8. Is ineligible for a driver's license or permit under | 16 |
| the provisions
of Section 6-103;
| 17 |
| 9. Has made a false statement or knowingly concealed a | 18 |
| material fact
or has used false information or | 19 |
| identification in any application for a
license, | 20 |
| identification card, or permit;
| 21 |
| 10. Has possessed, displayed, or attempted to | 22 |
| fraudulently use any
license, identification card, or | 23 |
| permit not issued to the person;
| 24 |
| 11. Has operated a motor vehicle upon a highway of this | 25 |
| State when
the person's driving privilege or privilege to | 26 |
| obtain a driver's license
or permit was revoked or |
|
|
|
SB0172 Enrolled |
- 58 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| suspended unless the operation was authorized by
a judicial | 2 |
| driving permit, probationary license to drive, or a | 3 |
| restricted
driving permit issued under this Code;
| 4 |
| 12. Has submitted to any portion of the application | 5 |
| process for
another person or has obtained the services of | 6 |
| another person to submit to
any portion of the application | 7 |
| process for the purpose of obtaining a
license, | 8 |
| identification card, or permit for some other person;
| 9 |
| 13. Has operated a motor vehicle upon a highway of this | 10 |
| State when
the person's driver's license or permit was | 11 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 12 |
| 14. Has committed a violation of Section 6-301, | 13 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 14 |
| of the Illinois Identification Card
Act;
| 15 |
| 15. Has been convicted of violating Section 21-2 of the | 16 |
| Criminal Code
of 1961 relating to criminal trespass to | 17 |
| vehicles in which case, the suspension
shall be for one | 18 |
| year;
| 19 |
| 16. Has been convicted of violating Section 11-204 of | 20 |
| this Code relating
to fleeing from a peace officer;
| 21 |
| 17. Has refused to submit to a test, or tests, as | 22 |
| required under Section
11-501.1 of this Code and the person | 23 |
| has not sought a hearing as
provided for in Section | 24 |
| 11-501.1;
| 25 |
| 18. Has, since issuance of a driver's license or | 26 |
| permit, been adjudged
to be afflicted with or suffering |
|
|
|
SB0172 Enrolled |
- 59 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| from any mental disability or disease;
| 2 |
| 19. Has committed a violation of paragraph (a) or (b) | 3 |
| of Section 6-101
relating to driving without a driver's | 4 |
| license;
| 5 |
| 20. Has been convicted of violating Section 6-104 | 6 |
| relating to
classification of driver's license;
| 7 |
| 21. Has been convicted of violating Section 11-402 of
| 8 |
| this Code relating to leaving the scene of an accident | 9 |
| resulting in damage
to a vehicle in excess of $1,000, in | 10 |
| which case the suspension shall be
for one year;
| 11 |
| 22. Has used a motor vehicle in violating paragraph | 12 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 13 |
| the Criminal Code of 1961 relating
to unlawful use of | 14 |
| weapons, in which case the suspension shall be for one
| 15 |
| year;
| 16 |
| 23. Has, as a driver, been convicted of committing a | 17 |
| violation of
paragraph (a) of Section 11-502 of this Code | 18 |
| for a second or subsequent
time within one year of a | 19 |
| similar violation;
| 20 |
| 24. Has been convicted by a court-martial or punished | 21 |
| by non-judicial
punishment by military authorities of the | 22 |
| United States at a military
installation in Illinois of or | 23 |
| for a traffic related offense that is the
same as or | 24 |
| similar to an offense specified under Section 6-205 or | 25 |
| 6-206 of
this Code;
| 26 |
| 25. Has permitted any form of identification to be used |
|
|
|
SB0172 Enrolled |
- 60 - |
LRB095 05286 DRH 26711 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 |
|
|
|
SB0172 Enrolled |
- 61 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| operating a motor vehicle,
shall have an entry made in the | 2 |
| court record by the presiding judge that
this offense did | 3 |
| occur while the defendant was operating a motor vehicle
and | 4 |
| order the clerk of the court to report the violation to the | 5 |
| Secretary
of State;
| 6 |
| 29. Has been convicted of the following offenses that | 7 |
| were committed
while the person was operating or in actual | 8 |
| physical control, as a driver,
of a motor vehicle: criminal | 9 |
| sexual assault,
predatory criminal sexual assault of a | 10 |
| child,
aggravated criminal sexual
assault, criminal sexual | 11 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 12 |
| soliciting for a juvenile prostitute and the manufacture, | 13 |
| sale or
delivery of controlled substances or instruments | 14 |
| used for illegal drug use
or abuse in which case the | 15 |
| driver's driving privileges shall be suspended
for one | 16 |
| year;
| 17 |
| 30. Has been convicted a second or subsequent time for | 18 |
| any
combination of the offenses named in paragraph 29 of | 19 |
| this subsection,
in which case the person's driving | 20 |
| privileges shall be suspended for 5
years;
| 21 |
| 31. Has refused to submit to a test as
required by | 22 |
| Section 11-501.6 or has submitted to a test resulting in
an | 23 |
| alcohol concentration of 0.08 or more or any amount of a | 24 |
| drug, substance, or
compound resulting from the unlawful | 25 |
| use or consumption of cannabis as listed
in the Cannabis | 26 |
| Control Act, a controlled substance as listed in the |
|
|
|
SB0172 Enrolled |
- 62 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| Illinois
Controlled Substances Act, or an intoxicating | 2 |
| compound as listed in the Use of
Intoxicating Compounds | 3 |
| Act, in which case the penalty shall be
as prescribed in | 4 |
| Section 6-208.1;
| 5 |
| 32. Has been convicted of Section 24-1.2 of the | 6 |
| Criminal Code of
1961 relating to the aggravated discharge | 7 |
| of a firearm if the offender was
located in a motor vehicle | 8 |
| at the time the firearm was discharged, in which
case the | 9 |
| suspension shall be for 3 years;
| 10 |
| 33. Has as a driver, who was less than 21 years of age | 11 |
| on the date of
the offense, been convicted a first time of | 12 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 13 |
| or a similar provision of a local ordinance;
| 14 |
| 34. Has committed a violation of Section 11-1301.5 of | 15 |
| this Code;
| 16 |
| 35. Has committed a violation of Section 11-1301.6 of | 17 |
| this Code;
| 18 |
| 36. Is under the age of 21 years at the time of arrest | 19 |
| and has been
convicted of not less than 2 offenses against | 20 |
| traffic regulations governing
the movement of vehicles | 21 |
| committed within any 24 month period. No revocation
or | 22 |
| suspension shall be entered more than 6 months after the | 23 |
| date of last
conviction;
| 24 |
| 37. Has committed a violation of subsection (c) of | 25 |
| Section 11-907 of this
Code;
| 26 |
| 38. Has been convicted of a violation of Section 6-20 |
|
|
|
SB0172 Enrolled |
- 63 - |
LRB095 05286 DRH 26711 b |
|
| 1 |
| of the Liquor
Control Act of 1934 or a similar provision of | 2 |
| a local ordinance;
| 3 |
| 39. Has committed a second or subsequent violation of | 4 |
| Section
11-1201 of this Code;
| 5 |
| 40. Has committed a violation of subsection (a-1) of | 6 |
| Section 11-908 of
this Code; | 7 |
| 41. Has committed a second or subsequent violation of | 8 |
| Section 11-605.1 of this Code within 2 years of the date of | 9 |
| the previous violation, in which case the suspension shall | 10 |
| be for 90 days; or | 11 |
| 42. Has committed a violation of subsection (a-1) of | 12 |
| Section 11-1301.3 of this Code ; or
.
| 13 |
| 43. Is under the age of 21 years at the time of arrest | 14 |
| and has been convicted of an offense against traffic | 15 |
| regulations governing the movement of vehicles after | 16 |
| having previously been suspended or revoked pursuant to | 17 |
| subparagraph 36 of this Section.
| 18 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 19 |
| and 27 of this
subsection, license means any driver's license, | 20 |
| any traffic ticket issued when
the person's driver's license is | 21 |
| deposited in lieu of bail, a suspension
notice issued by the | 22 |
| Secretary of State, a duplicate or corrected driver's
license, | 23 |
| a probationary driver's license or a temporary driver's | 24 |
| license.
| 25 |
| (b) If any conviction forming the basis of a suspension or
| 26 |
| revocation authorized under this Section is appealed, the
|
|
|
|
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|
| 1 |
| Secretary of State may rescind or withhold the entry of the | 2 |
| order of suspension
or revocation, as the case may be, provided | 3 |
| that a certified copy of a stay
order of a court is filed with | 4 |
| the Secretary of State. If the conviction is
affirmed on | 5 |
| appeal, the date of the conviction shall relate back to the | 6 |
| time
the original judgment of conviction was entered and the 6 | 7 |
| month limitation
prescribed shall not apply.
| 8 |
| (c) 1. Upon suspending or revoking the driver's license or | 9 |
| permit of
any person as authorized in this Section, the | 10 |
| Secretary of State shall
immediately notify the person in | 11 |
| writing of the revocation or suspension.
The notice to be | 12 |
| deposited in the United States mail, postage prepaid,
to | 13 |
| the last known address of the person.
| 14 |
| 2. If the Secretary of State suspends the driver's | 15 |
| license
of a person under subsection 2 of paragraph (a) of | 16 |
| this Section, a
person's privilege to operate a vehicle as | 17 |
| an occupation shall not be
suspended, provided an affidavit | 18 |
| is properly completed, the appropriate fee
received, and a | 19 |
| permit issued prior to the effective date of the
| 20 |
| suspension, unless 5 offenses were committed, at least 2 of | 21 |
| which occurred
while operating a commercial vehicle in | 22 |
| connection with the driver's
regular occupation. All other | 23 |
| driving privileges shall be suspended by the
Secretary of | 24 |
| State. Any driver prior to operating a vehicle for
| 25 |
| occupational purposes only must submit the affidavit on | 26 |
| forms to be
provided by the Secretary of State setting |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| forth the facts of the person's
occupation. The affidavit | 2 |
| shall also state the number of offenses
committed while | 3 |
| operating a vehicle in connection with the driver's regular
| 4 |
| occupation. The affidavit shall be accompanied by the | 5 |
| driver's license.
Upon receipt of a properly completed | 6 |
| affidavit, the Secretary of State
shall issue the driver a | 7 |
| permit to operate a vehicle in connection with the
driver's | 8 |
| regular occupation only. Unless the permit is issued by the
| 9 |
| Secretary of State prior to the date of suspension, the | 10 |
| privilege to drive
any motor vehicle shall be suspended as | 11 |
| set forth in the notice that was
mailed under this Section. | 12 |
| If an affidavit is received subsequent to the
effective | 13 |
| date of this suspension, a permit may be issued for the | 14 |
| remainder
of the suspension period.
| 15 |
| The provisions of this subparagraph shall not apply to | 16 |
| any driver
required to possess a CDL for the purpose of | 17 |
| operating a commercial motor vehicle.
| 18 |
| Any person who falsely states any fact in the affidavit | 19 |
| required
herein shall be guilty of perjury under Section | 20 |
| 6-302 and upon conviction
thereof shall have all driving | 21 |
| privileges revoked without further rights.
| 22 |
| 3. At the conclusion of a hearing under Section 2-118 | 23 |
| of this Code,
the Secretary of State shall either rescind | 24 |
| or continue an order of
revocation or shall substitute an | 25 |
| order of suspension; or, good
cause appearing therefor, | 26 |
| rescind, continue, change, or extend the
order of |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| suspension. If the Secretary of State does not rescind the | 2 |
| order,
the Secretary may upon application,
to relieve undue | 3 |
| hardship, issue
a restricted driving permit granting the | 4 |
| privilege of driving a motor
vehicle between the | 5 |
| petitioner's residence and petitioner's place of
| 6 |
| employment or within the scope of his employment related | 7 |
| duties, or to
allow transportation for the petitioner, or a | 8 |
| household member of the
petitioner's family, to receive | 9 |
| necessary medical care and if the
professional evaluation | 10 |
| indicates, provide transportation for alcohol
remedial or | 11 |
| rehabilitative activity, or for the petitioner to attend
| 12 |
| classes, as a student, in an accredited educational | 13 |
| institution; if the
petitioner is able to demonstrate that | 14 |
| no alternative means of
transportation is reasonably | 15 |
| available and the petitioner will not endanger
the public | 16 |
| safety or welfare.
| 17 |
| If a person's license or permit has been revoked or | 18 |
| suspended due to 2
or more convictions of violating Section | 19 |
| 11-501 of this Code or a similar
provision of a local | 20 |
| ordinance or a similar out-of-state offense, arising out
of | 21 |
| separate occurrences, that person, if issued a restricted | 22 |
| driving permit,
may not operate a vehicle unless it has | 23 |
| been equipped with an ignition
interlock device as defined | 24 |
| in Section 1-129.1.
| 25 |
| If a person's license or permit has been revoked or | 26 |
| suspended 2 or more
times within a 10 year period due to a |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| single conviction of violating Section
11-501 of this Code | 2 |
| or a similar provision of a local ordinance or a similar
| 3 |
| out-of-state offense, and a statutory summary suspension | 4 |
| under Section
11-501.1, or 2 or more statutory summary | 5 |
| suspensions, or combination of 2
offenses, or of an offense | 6 |
| and a statutory summary suspension, arising out of
separate | 7 |
| occurrences, that person, if issued a restricted driving | 8 |
| permit, may
not operate a vehicle unless it has been
| 9 |
| equipped with an ignition interlock device as defined in | 10 |
| Section 1-129.1.
The person must pay to the Secretary of | 11 |
| State DUI Administration Fund an amount
not to exceed $20 | 12 |
| per month. The Secretary shall establish by rule the amount
| 13 |
| and the procedures, terms, and conditions relating to these | 14 |
| fees. If the
restricted driving permit was issued for | 15 |
| employment purposes, then this
provision does not apply to | 16 |
| the operation of an occupational vehicle owned or
leased by | 17 |
| that person's employer. In each case the Secretary may | 18 |
| issue a
restricted driving permit for a period deemed | 19 |
| appropriate, except that all
permits shall expire within | 20 |
| one year from the date of issuance. The Secretary
may not, | 21 |
| however, issue a restricted driving permit to any person | 22 |
| whose current
revocation is the result of a second or | 23 |
| subsequent conviction for a violation
of Section 11-501 of | 24 |
| this Code or a similar provision of a local ordinance
| 25 |
| relating to the offense of operating or being in physical | 26 |
| control of a motor
vehicle while under the influence of |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| alcohol, other drug or drugs, intoxicating
compound or | 2 |
| compounds, or any similar out-of-state offense, or any | 3 |
| combination
of those offenses, until the expiration of at | 4 |
| least one year from the date of
the revocation. A
| 5 |
| restricted driving permit issued under this Section shall | 6 |
| be subject to
cancellation, revocation, and suspension by | 7 |
| the Secretary of State in like
manner and for like cause as | 8 |
| a driver's license issued under this Code may be
cancelled, | 9 |
| revoked, or suspended; except that a conviction upon one or | 10 |
| more
offenses against laws or ordinances regulating the | 11 |
| movement of traffic
shall be deemed sufficient cause for | 12 |
| the revocation, suspension, or
cancellation of a | 13 |
| restricted driving permit. The Secretary of State may, as
a | 14 |
| condition to the issuance of a restricted driving permit, | 15 |
| require the
applicant to participate in a designated driver | 16 |
| remedial or rehabilitative
program. The Secretary of State | 17 |
| is authorized to cancel a restricted
driving permit if the | 18 |
| permit holder does not successfully complete the program.
| 19 |
| (c-5) The Secretary of State may, as a condition of the | 20 |
| reissuance of a
driver's license or permit to an applicant | 21 |
| whose driver's license or permit has
been suspended before he | 22 |
| or she reached the age of 18 years pursuant to any of
the | 23 |
| provisions of this Section, require the applicant to | 24 |
| participate in a
driver remedial education course and be | 25 |
| retested under Section 6-109 of this
Code.
| 26 |
| (d) This Section is subject to the provisions of the |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| Drivers License
Compact.
| 2 |
| (e) The Secretary of State shall not issue a restricted | 3 |
| driving permit to
a person under the age of 16 years whose | 4 |
| driving privileges have been suspended
or revoked under any | 5 |
| provisions of this Code.
| 6 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 7 |
| State may not issue a restricted driving permit for the | 8 |
| operation of a commercial motor vehicle to a person holding a | 9 |
| CDL whose driving privileges have been suspended or revoked | 10 |
| under any provisions of this Code. | 11 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 12 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 13 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| 14 |
| (625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
| 15 |
| Sec. 6-306.3. License as bail.
| 16 |
| (a) Except as provided in Section 6-306.4 of this Code, any | 17 |
| person arrested
and charged with violation of Section 3-701, | 18 |
| 3-707, or 3-710, or of any
violation of Chapters 11 or 12 of | 19 |
| this Code, except the provisions of Sections
3-708, 11-401, | 20 |
| 11-501, 11-503 ,
or 11-504 , or 11-506 of this Code shall have | 21 |
| the option of
depositing his valid driver's license issued | 22 |
| under this Code with the officer
demanding bail in lieu of any | 23 |
| other security for his appearance in court in
answer to any | 24 |
| such charge.
| 25 |
| (b) However, a uniform bail schedule and regulations |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| adopted pursuant to
Supreme Court Rule or Order may require | 2 |
| that a driver's license issued
under this Code must be | 3 |
| deposited, in addition to appropriate cash deposit,
where | 4 |
| persons arrested and charged with violating Sections 3-708, | 5 |
| 11-401,
11-501, 11-503 ,
or 11-504 , or 11-506 of this Code elect | 6 |
| to take advantage of the uniform
schedule establishing the | 7 |
| amount of bail in such cases.
| 8 |
| (c) When a license is deposited as security in lieu of or | 9 |
| in addition to
bail, the judge, court clerk, or other official | 10 |
| accepting such deposit
shall issue to the licensee a receipt | 11 |
| for such license upon a form approved
or provided by the | 12 |
| Secretary of State.
| 13 |
| (d) If the licensee whose license has been deposited as | 14 |
| security for
bail does not appear in court in compliance with | 15 |
| the time and place for
hearing as notified in such receipt, or | 16 |
| the continued date thereof, if any
has been ordered by the | 17 |
| court, the court shall continue the case for a
minimum of 30 | 18 |
| days and require a notice of the continued court date be sent
| 19 |
| to the licensee at his last known address. The clerk of such | 20 |
| court shall
notify the licensee of the court's order. If the | 21 |
| licensee does not appear
in and surrender on the continued | 22 |
| court date, or within such period,
satisfy the court that his | 23 |
| appearance in and surrender to the court is
impossible and | 24 |
| without any fault on his part, the court shall enter an
order | 25 |
| of failure to appear to answer such charge after depositing | 26 |
| license
in lieu of bail. The clerk of such court shall notify |
|
|
|
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|
| 1 |
| the Secretary of
State of the court's order.
| 2 |
| The Secretary of State, when notified by the clerk of such | 3 |
| court that an
order of failure to appear to answer such charge | 4 |
| after depositing license
in lieu of bail has been entered, | 5 |
| shall immediately suspend the driver's
license of such licensee | 6 |
| without a hearing and shall not remove such
suspension, nor | 7 |
| issue any hardship license or privilege to such licensee
| 8 |
| thereafter until notified by such court that the licensee has | 9 |
| appeared and
answered the charges placed against him.
| 10 |
| (e) 1. Any Illinois resident who has executed a written | 11 |
| promise to
comply with Section 6-306.2 of this Code, in effect | 12 |
| until July 28, 1986,
shall continue to be suspended until he or | 13 |
| she complies with the terms and
conditions of the written | 14 |
| promise.
| 15 |
| 2. The Secretary of State, when notified by the clerk of | 16 |
| such court that
an order of failure to appear to answer a | 17 |
| charge after promising to appear
has been entered, shall | 18 |
| immediately suspend the driver's license of such
licensee | 19 |
| without a hearing and shall not remove such suspension, nor | 20 |
| issue a
hardship license or privilege to such licensee | 21 |
| thereafter until notified by
such court that the licensee has | 22 |
| appeared and answered the charges placed
against him.
| 23 |
| (Source: P.A. 88-315; 88-415; 88-670, eff. 12-2-94.)
| 24 |
| (625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)
| 25 |
| Sec. 6-306.4. Procedures for residents of other states. (a) |
|
|
|
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LRB095 05286 DRH 26711 b |
|
| 1 |
| Except as
provided in paragraph (b) of this Section, any | 2 |
| resident of another state
which is a member of the Nonresident | 3 |
| Violator Compact of 1977, who is cited
by a police officer for | 4 |
| violating a traffic law or ordinance, shall have
the option of | 5 |
| (1) being taken without unnecessary delay before a court of
| 6 |
| jurisdiction or (2) executing a written promise to comply with | 7 |
| the terms of
the citation by signing at least one copy of a | 8 |
| Uniform Traffic Ticket
prepared by the police officer. The | 9 |
| police officer may refuse to permit a
nonresident violator to | 10 |
| execute a written promise to comply with the terms
of the | 11 |
| citation if the nonresident violator cannot furnish | 12 |
| satisfactory
evidence of identity or if the officer has | 13 |
| probable cause to believe the
nonresident violator cited will | 14 |
| disregard the written promise to comply
with the citation.
| 15 |
| If the person cited is a resident of another State which is | 16 |
| not a member
of the Nonresident Violator Compact of 1977, then | 17 |
| the rules established by
the Supreme Court for bail bond and | 18 |
| appearance procedures apply.
| 19 |
| (b) Any person cited for violating the following provisions | 20 |
| of this Code or
a similar provision of local ordinances shall | 21 |
| be governed by the bail
provisions of the Illinois Supreme | 22 |
| Court Rules when it is not practical or
feasible to take the | 23 |
| person before a judge to have bail set or to avoid
undue delay | 24 |
| because of the hour or circumstances: Section 3-101, Section
| 25 |
| 3-702, Sections 3-707, 3-708 or 3-710, Chapter 4, Chapter 5, | 26 |
| Section
6-101, Section 6-104, Section 6-113,
Section 6-301, |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| Section 6-303, Section 8-115, Section 11-204, Section
11-310, | 2 |
| Section 11-311, Section 11-312, Section 11-401, Section | 3 |
| 11-402,
Section 11-403, Section 11-404, Section 11-409, | 4 |
| Section 11-501, Section
11-503, Section 11-504, Section | 5 |
| 11-506, Section 11-601, when more than 30 m.p.h. over the
| 6 |
| posted limit, Section 11-1006, Section 11-1414, Section | 7 |
| 15-102, Section
15-103, Section 15-107, Section 15-111, | 8 |
| paragraph (f) of Section 15-112 or
paragraph (j) of Section | 9 |
| 15-301.
| 10 |
| (c) If the person fails to comply with the executed written | 11 |
| promise to
comply with the original terms of the citation as | 12 |
| indicated in paragraph
(a) of this Section, the court shall | 13 |
| continue the case for a minimum of 30
days and require that a | 14 |
| notice of the continued court date be sent to the
last known | 15 |
| address of such person. If the person does not appear or
| 16 |
| otherwise satisfy the court on or before the continued court | 17 |
| date, the
court shall enter an order of failure to appear to | 18 |
| answer such charge. The
clerk of such court shall notify the | 19 |
| Secretary of State of the court's
order within 21 days.
| 20 |
| (d) Upon receiving such notice, the Secretary of State | 21 |
| shall comply
with the provisions of Section 6-803 of this Code.
| 22 |
| (Source: P.A. 86-149 .)
| 23 |
| (625 ILCS 5/11-506 new) | 24 |
| Sec. 11-506. Street racing; aggravated street racing. | 25 |
| (a) No person shall engage in street racing on any street |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| or highway of this State. | 2 |
| (b) No owner of any vehicle shall acquiesce in or permit | 3 |
| his or her vehicle to be used by another for the purpose of | 4 |
| street racing. | 5 |
| (c) For the purposes of this Section, the following words | 6 |
| shall have the meanings ascribed to them: | 7 |
| "Acquiesce" or "permit" means actual knowledge that the | 8 |
| motor vehicle was to be used for the purpose of street racing. | 9 |
| "Street racing" means: | 10 |
| (1) The operation of 2 or more vehicles from a point | 11 |
| side by side at accelerating speeds in a competitive | 12 |
| attempt to outdistance each other; or | 13 |
| (2) The operation of one or more vehicles over a common | 14 |
| selected course, each starting at the same point, for the | 15 |
| purpose of comparing the relative speeds or power of | 16 |
| acceleration of such vehicle or vehicles within a certain | 17 |
| distance or time limit; or | 18 |
| (3) The use of one or more vehicles in an attempt to | 19 |
| outgain or outdistance another vehicle; or | 20 |
| (4) The use of one or more vehicles to prevent another | 21 |
| vehicle from passing; or | 22 |
| (5) The use of one or more vehicles to arrive at a | 23 |
| given destination ahead of another vehicle or vehicles; or | 24 |
| (6) The use of one or more vehicles to test the | 25 |
| physical stamina or endurance of drivers over | 26 |
| long-distance driving routes. |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| (d) Penalties. | 2 |
| (1) Any person who is convicted of a violation of | 3 |
| subsection (a) shall be guilty of a Class A misdemeanor for | 4 |
| the first offense and shall be subject to a minimum fine of | 5 |
| $250. Any person convicted of a violation of subsection (a) | 6 |
| a second or subsequent time shall be guilty of a Class 4 | 7 |
| felony and shall be subject to a minimum fine of $500. The | 8 |
| driver's license of any person convicted of subsection (a) | 9 |
| shall be revoked in the manner provided by Section 6-205 of | 10 |
| this Code. | 11 |
| (2) Any person who is convicted of a violation of | 12 |
| subsection (b) shall be guilty of a Class B misdemeanor. | 13 |
| Any person who is convicted of subsection (b) for a second | 14 |
| or subsequent time shall be guilty of a Class A | 15 |
| misdemeanor. | 16 |
| (3) Every person convicted of committing a violation of | 17 |
| subsection (a) of this Section shall be guilty of | 18 |
| aggravated street racing if the person, in committing a | 19 |
| violation of subsection (a) was involved in a motor vehicle | 20 |
| accident that resulted in great bodily harm or permanent | 21 |
| disability or disfigurement to another, where the | 22 |
| violation was a proximate cause of the injury. Aggravated | 23 |
| street racing is a Class 4 felony for which the defendant, | 24 |
| if sentenced to a term of imprisonment shall be sentenced | 25 |
| to not less than one year nor more than 12 years.
|
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| 2 |
| Sec. 12-603.1. Driver and passenger required to use safety | 3 |
| belts,
exceptions and penalty.
| 4 |
| (a) Each driver and front seat passenger of a motor vehicle | 5 |
| operated on a
street or highway in this State shall wear a | 6 |
| properly adjusted and
fastened seat safety belt; except that, a | 7 |
| child less than 8 years of age shall
be protected as required | 8 |
| pursuant to the Child Passenger Protection Act.
Each driver | 9 |
| under the age of 18 years and each of the driver's
passengers | 10 |
| under the age of 19 years of a motor vehicle operated
on a | 11 |
| street or highway in this State shall wear a properly
adjusted | 12 |
| and fastened seat safety belt.
Every passenger under the age of | 13 |
| 19 in a vehicle being driven by a person over the age of 18 who | 14 |
| committed an offense against traffic regulations governing the | 15 |
| movement of vehicles or any violation of this Section or | 16 |
| Section 6-107 of this Code within 6 months prior to the | 17 |
| driver's 18th birthday and was subsequently convicted of the | 18 |
| violation, shall wear a properly adjusted and fastened seat | 19 |
| safety belt, until such time as a period of 6 consecutive | 20 |
| months has elapsed without the driver receiving an additional | 21 |
| violation and subsequent conviction of an offense against | 22 |
| traffic regulations governing the movement of vehicles or any | 23 |
| violation of this Section or Section 6-107 of this Code. Each | 24 |
| driver of a motor vehicle transporting a child 8 years of age | 25 |
| or
more, but less than 16 years of age,
shall secure the child | 26 |
| in a properly adjusted and fastened seat safety belt as |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| required under the Child Passenger Protection Act.
| 2 |
| (b) Paragraph (a) shall not apply to any of the following:
| 3 |
| 1. A driver or passenger frequently stopping and | 4 |
| leaving the vehicle or
delivering property from the | 5 |
| vehicle, if the speed of the vehicle between
stops does not | 6 |
| exceed 15 miles per hour.
| 7 |
| 2. A driver or passenger possessing a written statement | 8 |
| from a physician
that such person is unable, for medical or | 9 |
| physical reasons, to wear a seat
safety belt.
| 10 |
| 3. A driver or passenger possessing an official | 11 |
| certificate or license
endorsement issued by the | 12 |
| appropriate agency in another state or country
indicating | 13 |
| that the driver is unable for medical, physical, or other | 14 |
| valid
reasons to wear a seat safety belt.
| 15 |
| 4. A driver operating a motor vehicle in reverse.
| 16 |
| 5. A motor vehicle with a model year prior to 1965.
| 17 |
| 6. A motorcycle or motor driven cycle.
| 18 |
| 7. A motorized pedalcycle.
| 19 |
| 8. A motor vehicle which is not required to be equipped | 20 |
| with seat safety
belts under federal law.
| 21 |
| 9. A motor vehicle operated by a rural letter carrier | 22 |
| of the United
States postal service while performing duties | 23 |
| as a rural letter carrier.
| 24 |
| (c) Failure to wear a seat safety belt in violation of this | 25 |
| Section
shall not be considered evidence of negligence, shall | 26 |
| not limit the
liability of an insurer, and shall not diminish |
|
|
|
SB0172 Enrolled |
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LRB095 05286 DRH 26711 b |
|
| 1 |
| any recovery for damages
arising out of the ownership, | 2 |
| maintenance, or operation of a motor vehicle.
| 3 |
| (d) A violation of this Section shall be a petty offense | 4 |
| and subject to a
fine not to exceed $25.
| 5 |
| (e) (Blank).
| 6 |
| (f) A law enforcement officer may not search or inspect a | 7 |
| motor vehicle,
its contents, the driver, or a passenger solely | 8 |
| because of a violation of this
Section.
| 9 |
| (Source: P.A. 93-99, eff. 7-3-03; 94-239, eff. 1-1-06; 94-241, | 10 |
| eff. 1-1-06; revised 8-19-05.)
| 11 |
| (625 ILCS 5/12-610.1) | 12 |
| Sec. 12-610.1. Wireless telephones. | 13 |
| (a) As used in this Section, "wireless telephone" means
a | 14 |
| device that is capable of transmitting or receiving
telephonic | 15 |
| communications without a wire connecting the
device to the | 16 |
| telephone network. | 17 |
| (b) A person under the age of 18 years who holds an | 18 |
| instruction permit issued under Section 6-105 or 6-107.1, or a | 19 |
| person under the age of 18 years who holds a graduated license | 20 |
| issued under Section 6-107, may not drive a vehicle on a | 21 |
| roadway while using a wireless phone.
| 22 |
| (c) This Section does not apply to a person under the age | 23 |
| of 18 years using a
wireless telephone for emergency purposes, | 24 |
| including, but not
limited to, an emergency call to a law | 25 |
| enforcement agency,
health care provider, fire department, or |
|
|
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| 1 |
| other emergency
services agency or entity.
| 2 |
| (d) If a graduated driver's license holder over the age of | 3 |
| 18 committed an offense against traffic regulations governing | 4 |
| the movement of vehicles or any violation of Section 6-107 or | 5 |
| Section 12-603.1 of this Code in the 6 months prior to the | 6 |
| graduated driver's license holder's 18th birthday, and was | 7 |
| subsequently convicted of the violation, the provisions of | 8 |
| paragraph (b) shall continue to apply until such time as a | 9 |
| period of 6 consecutive months has elapsed without an | 10 |
| additional violation and subsequent conviction of an offense | 11 |
| against traffic regulations governing the movement of vehicles | 12 |
| or any violation of Section 6-107 or Section 12-603.1 of this | 13 |
| Code.
| 14 |
| (Source: P.A. 94-240, eff. 7-15-05.)
| 15 |
| (625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
| 16 |
| Sec. 16-107. Appearance of parent or guardian of minor in | 17 |
| certain court
proceedings - Judicial discretion. (a) Whenever | 18 |
| an unemancipated minor
is required to appear in court pursuant | 19 |
| to a citation for violation of any
Section or any subsection of | 20 |
| any Section of this Act specified in subsection
(b) of this | 21 |
| Section, the court may require that a parent or guardian of
the | 22 |
| minor accompany the minor and appear before the court with the | 23 |
| minor,
unless, in the discretion of the court, such appearance | 24 |
| would be unreasonably
burdensome under the circumstances.
| 25 |
| (b) This Section shall apply whenever an unemancipated |
|
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| minor is charged
with violation of any of the following | 2 |
| Sections and subsections of this Act:
| 3 |
| 1) Sections 3-701, 3-702 and 3-703;
| 4 |
| 2) Sections 4-102, 4-103, 4-104 and 4-105;
| 5 |
| 3) Section 6-101, subsections (a), (b) and (c) of Section | 6 |
| 6-104, and Sections
6-113, 6-301, 6-302, 6-303 and 6-304;
| 7 |
| 4) Sections 11-203 and 11-204, subsection (b) of Section | 8 |
| 11-305, Sections
11-311, 11-312, 11-401, 11-402, 11-403, | 9 |
| 11-404, 11-407, 11-409, 11-501,
11-502, 11-503 ,
and 11-504 , | 10 |
| 11-506 , subsection (b) of Section 11-601, Sections 11-704,
| 11 |
| 11-707, 11-1007, 11-1403, 11-1404 and subsection (a) of Section | 12 |
| 11-1414.
| 13 |
| (Source: P.A. 80-646.)
| 14 |
| (625 ILCS 5/11-504 rep.)
| 15 |
| Section 15. The Illinois Vehicle Code is amended by | 16 |
| repealing Section 11-504. | 17 |
| Section 20. The Child Passenger Protection Act is amended | 18 |
| by changing Section 4b as follows:
| 19 |
| (625 ILCS 25/4b)
| 20 |
| Sec. 4b. Children 8 years of age or older but under the age | 21 |
| of 19;
seat belts. Every person under the age of 18 years, when | 22 |
| transporting a child
8 years of age or older but under the age | 23 |
| of 19 years, as provided in
Section 4 of this Act, shall be |
|
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| 1 |
| responsible for securing that child in a
properly
adjusted and | 2 |
| fastened seat safety belt or an appropriate child restraint
| 3 |
| system. This Section shall also apply to each driver over the | 4 |
| age of 18 years who committed an offense against traffic | 5 |
| regulations governing the movement of vehicles or any violation | 6 |
| of Section 6-107 or Section 12-603.1 of this Code within 6 | 7 |
| months of the driver's 18th birthday and was subsequently | 8 |
| convicted of the violation, until such time as a period of 6 | 9 |
| consecutive months has elapsed without an additional violation | 10 |
| and subsequent conviction of an offense against traffic | 11 |
| regulations governing the movement of vehicles or any violation | 12 |
| of Section 6-107 or Section 12-603.1 of this Code.
| 13 |
| (Source: P.A. 93-100, eff. 1-1-04; 94-241, eff. 1-1-06.)
| 14 |
| Section 25. The Unified Code of Corrections is amended by | 15 |
| changing Section 5-6-1 as follows:
| 16 |
| (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 17 |
| Sec. 5-6-1. Sentences of Probation and of Conditional
| 18 |
| Discharge and Disposition of Supervision.
The General Assembly | 19 |
| finds that in order to protect the public, the
criminal justice | 20 |
| system must compel compliance with the conditions of probation
| 21 |
| by responding to violations with swift, certain and fair | 22 |
| punishments and
intermediate sanctions. The Chief Judge of each | 23 |
| circuit shall adopt a system of
structured, intermediate | 24 |
| sanctions for violations of the terms and conditions
of a |
|
|
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| sentence of probation, conditional discharge or disposition of
| 2 |
| supervision.
| 3 |
| (a) Except where specifically prohibited by other
| 4 |
| provisions of this Code, the court shall impose a sentence
of | 5 |
| probation or conditional discharge upon an offender
unless, | 6 |
| having regard to the nature and circumstance of
the offense, | 7 |
| and to the history, character and condition
of the offender, | 8 |
| the court is of the opinion that:
| 9 |
| (1) his imprisonment or periodic imprisonment is | 10 |
| necessary
for the protection of the public; or
| 11 |
| (2) probation or conditional discharge would deprecate
| 12 |
| the seriousness of the offender's conduct and would be
| 13 |
| inconsistent with the ends of justice; or
| 14 |
| (3) a combination of imprisonment with concurrent or | 15 |
| consecutive probation when an offender has been admitted | 16 |
| into a drug court program under Section 20 of the Drug | 17 |
| Court Treatment Act is necessary for the protection of the | 18 |
| public and for the rehabilitation of the offender.
| 19 |
| The court shall impose as a condition of a sentence of | 20 |
| probation,
conditional discharge, or supervision, that the | 21 |
| probation agency may invoke any
sanction from the list of | 22 |
| intermediate sanctions adopted by the chief judge of
the | 23 |
| circuit court for violations of the terms and conditions of the | 24 |
| sentence of
probation, conditional discharge, or supervision, | 25 |
| subject to the provisions of
Section 5-6-4 of this Act.
| 26 |
| (b) The court may impose a sentence of conditional
|
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| discharge for an offense if the court is of the opinion
that | 2 |
| neither a sentence of imprisonment nor of periodic
imprisonment | 3 |
| nor of probation supervision is appropriate.
| 4 |
| (b-1) Subsections (a) and (b) of this Section do not apply | 5 |
| to a defendant charged with a misdemeanor or felony under the | 6 |
| Illinois Vehicle Code or reckless homicide under Section 9-3 of | 7 |
| the Criminal Code of 1961 if the defendant within the past 12 | 8 |
| months has been convicted of or pleaded guilty to a misdemeanor | 9 |
| or felony under the Illinois Vehicle Code or reckless homicide | 10 |
| under Section 9-3 of the Criminal Code of 1961. | 11 |
| (c) The court may, upon a plea of guilty or a stipulation
| 12 |
| by the defendant of the facts supporting the charge or a
| 13 |
| finding of guilt, defer further proceedings and the
imposition | 14 |
| of a sentence, and enter an order for supervision of the | 15 |
| defendant,
if the defendant is not charged with: (i) a Class A | 16 |
| misdemeanor, as
defined by the following provisions of the | 17 |
| Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; | 18 |
| 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;
| 19 |
| paragraph (1) through (5), (8), (10), and (11) of subsection | 20 |
| (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 21 |
| Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 22 |
| Act; or (iii)
felony.
If the defendant
is not barred from | 23 |
| receiving an order for supervision as provided in this
| 24 |
| subsection, the court may enter an order for supervision after | 25 |
| considering the
circumstances of the offense, and the history,
| 26 |
| character and condition of the offender, if the court is of the |
|
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| 1 |
| opinion
that:
| 2 |
| (1) the offender is not likely to commit further | 3 |
| crimes;
| 4 |
| (2) the defendant and the public would be best served | 5 |
| if the
defendant were not to receive a criminal record; and
| 6 |
| (3) in the best interests of justice an order of | 7 |
| supervision
is more appropriate than a sentence otherwise | 8 |
| permitted under this Code.
| 9 |
| (d) The provisions of paragraph (c) shall not apply to a | 10 |
| defendant charged
with violating Section 11-501 of the Illinois | 11 |
| Vehicle Code or a similar
provision of a local
ordinance when | 12 |
| the defendant has previously been:
| 13 |
| (1) convicted for a violation of Section 11-501 of
the | 14 |
| Illinois Vehicle
Code or a similar provision of a
local | 15 |
| ordinance or any similar law or ordinance of another state; | 16 |
| or
| 17 |
| (2) assigned supervision for a violation of Section | 18 |
| 11-501 of the Illinois
Vehicle Code or a similar provision | 19 |
| of a local ordinance or any similar law
or ordinance of | 20 |
| another state; or
| 21 |
| (3) pleaded guilty to or stipulated to the facts | 22 |
| supporting
a charge or a finding of guilty to a violation | 23 |
| of Section 11-503 of the
Illinois Vehicle Code or a similar | 24 |
| provision of a local ordinance or any
similar law or | 25 |
| ordinance of another state, and the
plea or stipulation was | 26 |
| the result of a plea agreement.
|
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|
| 1 |
| The court shall consider the statement of the prosecuting
| 2 |
| authority with regard to the standards set forth in this | 3 |
| Section.
| 4 |
| (e) The provisions of paragraph (c) shall not apply to a | 5 |
| defendant
charged with violating Section 16A-3 of the Criminal | 6 |
| Code of 1961 if said
defendant has within the last 5 years | 7 |
| been:
| 8 |
| (1) convicted for a violation of Section 16A-3 of the | 9 |
| Criminal Code of
1961; or
| 10 |
| (2) assigned supervision for a violation of Section | 11 |
| 16A-3 of the Criminal
Code of 1961.
| 12 |
| The court shall consider the statement of the prosecuting | 13 |
| authority with
regard to the standards set forth in this | 14 |
| Section.
| 15 |
| (f) The provisions of paragraph (c) shall not apply to a | 16 |
| defendant
charged with violating Sections 15-111, 15-112, | 17 |
| 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | 18 |
| Section 11-1414
of the Illinois Vehicle Code or a similar | 19 |
| provision of a local ordinance.
| 20 |
| (g) Except as otherwise provided in paragraph (i) of this | 21 |
| Section, the
provisions of paragraph (c) shall not apply to a
| 22 |
| defendant charged with violating Section
3-707, 3-708, 3-710, | 23 |
| or 5-401.3
of the Illinois Vehicle Code or a similar provision | 24 |
| of a local ordinance if the
defendant has within the last 5 | 25 |
| years been:
| 26 |
| (1) convicted for a violation of Section 3-707, 3-708, |
|
|
|
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|
| 1 |
| 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 2 |
| provision of a local
ordinance; or
| 3 |
| (2) assigned supervision for a violation of Section | 4 |
| 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 5 |
| Code or a similar provision of a local
ordinance.
| 6 |
| The court shall consider the statement of the prosecuting | 7 |
| authority with
regard to the standards set forth in this | 8 |
| Section.
| 9 |
| (h) The provisions of paragraph (c) shall not apply to a | 10 |
| defendant under
the age of 21 years charged with violating a | 11 |
| serious traffic offense as defined
in Section 1-187.001 of the | 12 |
| Illinois Vehicle Code:
| 13 |
| (1) unless the defendant, upon payment of the fines, | 14 |
| penalties, and costs
provided by law, agrees to attend and | 15 |
| successfully complete a traffic safety
program approved by | 16 |
| the court under standards set by the Conference of Chief
| 17 |
| Circuit Judges. The accused shall be responsible for | 18 |
| payment of any traffic
safety program fees. If the accused | 19 |
| fails to file a certificate of
successful completion on or | 20 |
| before the termination date of the supervision
order, the | 21 |
| supervision shall be summarily revoked and conviction | 22 |
| entered. The
provisions of Supreme Court Rule 402 relating | 23 |
| to pleas of guilty do not apply
in cases when a defendant | 24 |
| enters a guilty plea under this provision; or
| 25 |
| (2) if the defendant has previously been sentenced | 26 |
| under the provisions of
paragraph (c) on or after January |
|
|
|
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|
| 1 |
| 1, 1998 for any serious traffic offense as
defined in | 2 |
| Section 1-187.001 of the Illinois Vehicle Code.
| 3 |
| (h-1) The provisions of paragraph (c) shall not apply to a | 4 |
| defendant under the age of 21 years charged with an offense | 5 |
| against traffic regulations governing the movement of vehicles | 6 |
| or any violation of Section 6-107 or Section 12-603.1 of the | 7 |
| Illinois Vehicle Code, unless the defendant, upon payment of | 8 |
| the fines, penalties, and costs provided by law, agrees to | 9 |
| attend and successfully complete a traffic safety program | 10 |
| approved by the court under standards set by the Conference of | 11 |
| Chief Circuit Judges. The accused shall be responsible for | 12 |
| payment of any traffic safety program fees. If the accused | 13 |
| fails to file a certificate of successful completion on or | 14 |
| before the termination date of the supervision order, the | 15 |
| supervision shall be summarily revoked and conviction entered. | 16 |
| The provisions of Supreme Court Rule 402 relating to pleas of | 17 |
| guilty do not apply in cases when a defendant enters a guilty | 18 |
| plea under this provision.
| 19 |
| (i) The provisions of paragraph (c) shall not apply to a | 20 |
| defendant charged
with violating Section 3-707 of the Illinois | 21 |
| Vehicle Code or a similar
provision of a local ordinance if the | 22 |
| defendant has been assigned supervision
for a violation of | 23 |
| Section 3-707 of the Illinois Vehicle Code or a similar
| 24 |
| provision of a local ordinance.
| 25 |
| (j) The provisions of paragraph (c) shall not apply to a
| 26 |
| defendant charged with violating
Section 6-303 of the Illinois |
|
|
|
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| 1 |
| Vehicle Code or a similar provision of
a local ordinance when | 2 |
| the revocation or suspension was for a violation of
Section | 3 |
| 11-501 or a similar provision of a local ordinance, a violation | 4 |
| of
Section 11-501.1 or paragraph (b) of Section 11-401 of the | 5 |
| Illinois Vehicle
Code, or a violation of Section 9-3 of the | 6 |
| Criminal Code of 1961 if the
defendant has within the last 10 | 7 |
| years been:
| 8 |
| (1) convicted for a violation of Section 6-303 of the | 9 |
| Illinois Vehicle
Code or a similar provision of a local | 10 |
| ordinance; or
| 11 |
| (2) assigned supervision for a violation of Section | 12 |
| 6-303 of the Illinois
Vehicle Code or a similar provision | 13 |
| of a local ordinance. | 14 |
| (k) The provisions of paragraph (c) shall not apply to a
| 15 |
| defendant charged with violating
any provision of the Illinois | 16 |
| Vehicle Code or a similar provision of a local ordinance that | 17 |
| governs the movement of vehicles if, within the 12 months | 18 |
| preceding the date of the defendant's arrest, the defendant has | 19 |
| been assigned court supervision on 2 occasions for a violation | 20 |
| that governs the movement of vehicles under the Illinois | 21 |
| Vehicle Code or a similar provision of a local ordinance.
| 22 |
| (l) A defendant charged with violating any provision of the | 23 |
| Illinois Vehicle Code who, after a court appearance in the same | 24 |
| matter, receives a disposition of supervision under subsection | 25 |
| (c) shall pay an additional fee of $20, to be collected as | 26 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. |
|
|
|
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| 1 |
| In addition to the $20 fee, the person shall also pay a fee of | 2 |
| $5, which, if not waived by the court, shall be collected as | 3 |
| provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. | 4 |
| The $20 fee shall be disbursed as provided in Section 16-104c | 5 |
| of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 | 6 |
| of the fee shall be deposited into the Circuit Court Clerk | 7 |
| Operation and Administrative Fund created by the Clerk of the | 8 |
| Circuit Court and 50 cents of the fee shall be deposited into | 9 |
| the Prisoner Review Board Vehicle and Equipment Fund in the | 10 |
| State treasury.
| 11 |
| (m) The provisions of paragraph (c) shall not apply to any | 12 |
| person under the age of 18 who commits an offense against | 13 |
| traffic regulations governing the movement of vehicles or any | 14 |
| violation of Section 6-107 or Section 12-603.1 of the Illinois | 15 |
| Vehicle Code, except upon personal appearance of the defendant | 16 |
| in court and upon the written consent of the defendant's parent | 17 |
| or legal guardian, executed before the presiding judge. The | 18 |
| presiding judge shall have the authority to waive this | 19 |
| requirement upon the showing of good cause by the defendant.
| 20 |
| (Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; | 21 |
| 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; | 22 |
| 94-1009, eff. 1-1-07.)
| 23 |
| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2008, except that Section 5 takes effect July 1, 2008.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/27-24.3 |
from Ch. 122, par. 27-24.3 |
| 4 |
| 625 ILCS 5/4-203 |
from Ch. 95 1/2, par. 4-203 |
| 5 |
| 625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
| 6 |
| 625 ILCS 5/6-106.2 |
from Ch. 95 1/2, par. 6-106.2 |
| 7 |
| 625 ILCS 5/6-106.3 |
from Ch. 95 1/2, par. 6-106.3 |
| 8 |
| 625 ILCS 5/6-106.4 |
from Ch. 95 1/2, par. 6-106.4 |
| 9 |
| 625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
| 10 |
| 625 ILCS 5/6-107.1 |
|
| 11 |
| 625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
| 12 |
| 625 ILCS 5/6-113 |
from Ch. 95 1/2, par. 6-113 |
| 13 |
| 625 ILCS 5/6-204 |
from Ch. 95 1/2, par. 6-204 |
| 14 |
| 625 ILCS 5/6-205 |
from Ch. 95 1/2, par. 6-205 |
| 15 |
| 625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
| 16 |
| 625 ILCS 5/6-306.3 |
from Ch. 95 1/2, par. 6-306.3 |
| 17 |
| 625 ILCS 5/6-306.4 |
from Ch. 95 1/2, par. 6-306.4 |
| 18 |
| 625 ILCS 5/11-506 new |
|
| 19 |
| 625 ILCS 5/12-603.1 |
from Ch. 95 1/2, par. 12-603.1 |
| 20 |
| 625 ILCS 5/12-610.1 |
|
| 21 |
| 625 ILCS 5/16-107 |
from Ch. 95 1/2, par. 16-107 |
| 22 |
| 625 ILCS 5/11-504 rep. |
|
| 23 |
| 625 ILCS 25/4b |
|
| 24 |
| 730 ILCS 5/5-6-1 |
from Ch. 38, par. 1005-6-1 |
| |
|