Full Text of HB3945 97th General Assembly
HB3945ham002 97TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 2/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 3945
| 2 | | AMENDMENT NO. ______. Amend House Bill 3945 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Identification Act is amended by | 5 | | changing Section 5.2 as follows: | 6 | | (20 ILCS 2630/5.2) | 7 | | Sec. 5.2. Expungement and sealing. | 8 | | (a) General Provisions. | 9 | | (1) Definitions. In this Act, words and phrases have
| 10 | | the meanings set forth in this subsection, except when a
| 11 | | particular context clearly requires a different meaning. | 12 | | (A) The following terms shall have the meanings | 13 | | ascribed to them in the Unified Code of Corrections, | 14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: | 15 | | (i) Business Offense (730 ILCS 5/5-1-2), | 16 | | (ii) Charge (730 ILCS 5/5-1-3), |
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| 1 | | (iii) Court (730 ILCS 5/5-1-6), | 2 | | (iv) Defendant (730 ILCS 5/5-1-7), | 3 | | (v) Felony (730 ILCS 5/5-1-9), | 4 | | (vi) Imprisonment (730 ILCS 5/5-1-10), | 5 | | (vii) Judgment (730 ILCS 5/5-1-12), | 6 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), | 7 | | (ix) Offense (730 ILCS 5/5-1-15), | 8 | | (x) Parole (730 ILCS 5/5-1-16), | 9 | | (xi) Petty Offense (730 ILCS 5/5-1-17), | 10 | | (xii) Probation (730 ILCS 5/5-1-18), | 11 | | (xiii) Sentence (730 ILCS 5/5-1-19), | 12 | | (xiv) Supervision (730 ILCS 5/5-1-21), and | 13 | | (xv) Victim (730 ILCS 5/5-1-22). | 14 | | (B) As used in this Section, "charge not initiated | 15 | | by arrest" means a charge (as defined by 730 ILCS | 16 | | 5/5-1-3) brought against a defendant where the | 17 | | defendant is not arrested prior to or as a direct | 18 | | result of the charge. | 19 | | (C) "Conviction" means a judgment of conviction or | 20 | | sentence entered upon a plea of guilty or upon a | 21 | | verdict or finding of guilty of an offense, rendered by | 22 | | a legally constituted jury or by a court of competent | 23 | | jurisdiction authorized to try the case without a jury. | 24 | | An order of supervision successfully completed by the | 25 | | petitioner is not a conviction. An order of qualified | 26 | | probation (as defined in subsection (a)(1)(J)) |
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| 1 | | successfully completed by the petitioner is not a | 2 | | conviction. An order of supervision or an order of | 3 | | qualified probation that is terminated | 4 | | unsatisfactorily is a conviction, unless the | 5 | | unsatisfactory termination is reversed, vacated, or | 6 | | modified and the judgment of conviction, if any, is | 7 | | reversed or vacated. | 8 | | (D) "Criminal offense" means a petty offense, | 9 | | business offense, misdemeanor, felony, or municipal | 10 | | ordinance violation (as defined in subsection | 11 | | (a)(1)(H)). As used in this Section, a minor traffic | 12 | | offense (as defined in subsection (a)(1)(G)) shall not | 13 | | be considered a criminal offense. | 14 | | (E) "Expunge" means to physically destroy the | 15 | | records or return them to the petitioner and to | 16 | | obliterate the petitioner's name from any official | 17 | | index or public record, or both. Nothing in this Act | 18 | | shall require the physical destruction of the circuit | 19 | | court file, but such records relating to arrests or | 20 | | charges, or both, ordered expunged shall be impounded | 21 | | as required by subsections (d)(9)(A)(ii) and | 22 | | (d)(9)(B)(ii). | 23 | | (F) As used in this Section, "last sentence" means | 24 | | the sentence, order of supervision, or order of | 25 | | qualified probation (as defined by subsection | 26 | | (a)(1)(J)), for a criminal offense (as defined by |
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| 1 | | subsection (a)(1)(D)) that terminates last in time in | 2 | | any jurisdiction, regardless of whether the petitioner | 3 | | has included the criminal offense for which the | 4 | | sentence or order of supervision or qualified | 5 | | probation was imposed in his or her petition. If | 6 | | multiple sentences, orders of supervision, or orders | 7 | | of qualified probation terminate on the same day and | 8 | | are last in time, they shall be collectively considered | 9 | | the "last sentence" regardless of whether they were | 10 | | ordered to run concurrently. | 11 | | (G) "Minor traffic offense" means a petty offense, | 12 | | business offense, or Class C misdemeanor under the | 13 | | Illinois Vehicle Code or a similar provision of a | 14 | | municipal or local ordinance. | 15 | | (H) "Municipal ordinance violation" means an | 16 | | offense defined by a municipal or local ordinance that | 17 | | is criminal in nature and with which the petitioner was | 18 | | charged or for which the petitioner was arrested and | 19 | | released without charging. | 20 | | (I) "Petitioner" means an adult or a minor | 21 | | prosecuted as an
adult who has applied for relief under | 22 | | this Section. | 23 | | (J) "Qualified probation" means an order of | 24 | | probation under Section 10 of the Cannabis Control Act, | 25 | | Section 410 of the Illinois Controlled Substances Act, | 26 | | Section 70 of the Methamphetamine Control and |
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| 1 | | Community Protection Act, Section 12-4.3(b)(1) and (2) | 2 | | of the Criminal Code of 1961 (as those provisions | 3 | | existed before their deletion by Public Act 89-313), | 4 | | Section 10-102 of the Illinois Alcoholism and Other | 5 | | Drug Dependency Act, Section 40-10 of the Alcoholism | 6 | | and Other Drug Abuse and Dependency Act, or Section 10 | 7 | | of the Steroid Control Act. For the purpose of this | 8 | | Section, "successful completion" of an order of | 9 | | qualified probation under Section 10-102 of the | 10 | | Illinois Alcoholism and Other Drug Dependency Act and | 11 | | Section 40-10 of the Alcoholism and Other Drug Abuse | 12 | | and Dependency Act means that the probation was | 13 | | terminated satisfactorily and the judgment of | 14 | | conviction was vacated. | 15 | | (K) "Seal" means to physically and electronically | 16 | | maintain the records, unless the records would | 17 | | otherwise be destroyed due to age, but to make the | 18 | | records unavailable without a court order, subject to | 19 | | the exceptions in Sections 12 and 13 of this Act. The | 20 | | petitioner's name shall also be obliterated from the | 21 | | official index required to be kept by the circuit court | 22 | | clerk under Section 16 of the Clerks of Courts Act, but | 23 | | any index issued by the circuit court clerk before the | 24 | | entry of the order to seal shall not be affected. | 25 | | (L) "Sexual offense committed against a minor" | 26 | | includes but is
not limited to the offenses of indecent |
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| 1 | | solicitation of a child
or criminal sexual abuse when | 2 | | the victim of such offense is
under 18 years of age. | 3 | | (M) "Terminate" as it relates to a sentence or | 4 | | order of supervision or qualified probation includes | 5 | | either satisfactory or unsatisfactory termination of | 6 | | the sentence, unless otherwise specified in this | 7 | | Section. | 8 | | (2) Minor Traffic Offenses.
Orders of supervision or | 9 | | convictions for minor traffic offenses shall not affect a | 10 | | petitioner's eligibility to expunge or seal records | 11 | | pursuant to this Section. | 12 | | (3) Exclusions. Except as otherwise provided in | 13 | | subsections (b)(5), (b)(6), and (e) of this Section, the | 14 | | court shall not order: | 15 | | (A) the sealing or expungement of the records of | 16 | | arrests or charges not initiated by arrest that result | 17 | | in an order of supervision for or conviction of:
(i) | 18 | | any sexual offense committed against a
minor; (ii) | 19 | | Section 11-501 of the Illinois Vehicle Code or a | 20 | | similar provision of a local ordinance; or (iii) | 21 | | Section 11-503 of the Illinois Vehicle Code or a | 22 | | similar provision of a local ordinance , unless the | 23 | | arrest or charge for the violation of Section 11-503 or | 24 | | a similar provision of a local ordinance occurred prior | 25 | | to the offender reaching the age of 25 years and the | 26 | | offender has no other conviction for violating Section |
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| 1 | | 11-501 or 11-503 of the Illinois Vehicle Code or a | 2 | | similar provision of a local ordinance . | 3 | | (B) the sealing or expungement of records of minor | 4 | | traffic offenses (as defined in subsection (a)(1)(G)), | 5 | | unless the petitioner was arrested and released | 6 | | without charging. | 7 | | (C) the sealing of the records of arrests or | 8 | | charges not initiated by arrest which result in an | 9 | | order of supervision, an order of qualified probation | 10 | | (as defined in subsection (a)(1)(J)), or a conviction | 11 | | for the following offenses: | 12 | | (i) offenses included in Article 11 of the | 13 | | Criminal Code of 1961 or a similar provision of a | 14 | | local ordinance, except Section 11-14 of the | 15 | | Criminal Code of 1961 or a similar provision of a | 16 | | local ordinance; | 17 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or | 18 | | 26-5 of the Criminal Code of 1961 or a similar | 19 | | provision of a local ordinance; | 20 | | (iii) offenses defined as "crimes of violence" | 21 | | in Section 2 of the Crime Victims Compensation Act | 22 | | or a similar provision of a local ordinance; | 23 | | (iv) offenses which are Class A misdemeanors | 24 | | under the Humane Care for Animals Act; or | 25 | | (v) any offense or attempted offense that | 26 | | would subject a person to registration under the |
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| 1 | | Sex Offender Registration Act. | 2 | | (D) the sealing of the records of an arrest which | 3 | | results in
the petitioner being charged with a felony | 4 | | offense or records of a charge not initiated by arrest | 5 | | for a felony offense unless: | 6 | | (i) the charge is amended to a misdemeanor and | 7 | | is otherwise
eligible to be sealed pursuant to | 8 | | subsection (c); | 9 | | (ii) the charge is brought along with another | 10 | | charge as a part of one case and the charge results | 11 | | in acquittal, dismissal, or conviction when the | 12 | | conviction was reversed or vacated, and another | 13 | | charge brought in the same case results in a | 14 | | disposition for a misdemeanor offense that is | 15 | | eligible to be sealed pursuant to subsection (c) or | 16 | | a disposition listed in paragraph (i), (iii), or | 17 | | (iv) of this subsection; | 18 | | (iii) the charge results in first offender | 19 | | probation as set forth in subsection (c)(2)(E); | 20 | | (iv) the charge is for a Class 4 felony offense | 21 | | listed in subsection (c)(2)(F) or the charge is | 22 | | amended to a Class 4 felony offense listed in | 23 | | subsection (c)(2)(F). Records of arrests which | 24 | | result in the petitioner being charged with a Class | 25 | | 4 felony offense listed in subsection (c)(2)(F), | 26 | | records of charges not initiated by arrest for |
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| 1 | | Class 4 felony offenses listed in subsection | 2 | | (c)(2)(F), and records of charges amended to a | 3 | | Class 4 felony offense listed in (c)(2)(F) may be | 4 | | sealed, regardless of the disposition, subject to | 5 | | any waiting periods set forth in subsection | 6 | | (c)(3); | 7 | | (v) the charge results in acquittal, | 8 | | dismissal, or the petitioner's release without | 9 | | conviction; or | 10 | | (vi) the charge results in a conviction, but | 11 | | the conviction was reversed or vacated. | 12 | | (b) Expungement. | 13 | | (1) A petitioner may petition the circuit court to | 14 | | expunge the
records of his or her arrests and charges not | 15 | | initiated by arrest when: | 16 | | (A) He or she has never been convicted of a | 17 | | criminal offense; and | 18 | | (B) Each arrest or charge not initiated by arrest
| 19 | | sought to be expunged resulted in:
(i) acquittal, | 20 | | dismissal, or the petitioner's release without | 21 | | charging, unless excluded by subsection (a)(3)(B);
| 22 | | (ii) a conviction which was vacated or reversed, unless | 23 | | excluded by subsection (a)(3)(B);
(iii) an order of | 24 | | supervision and such supervision was successfully | 25 | | completed by the petitioner, unless excluded by | 26 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
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| 1 | | qualified probation (as defined in subsection | 2 | | (a)(1)(J)) and such probation was successfully | 3 | | completed by the petitioner. | 4 | | (2) Time frame for filing a petition to expunge. | 5 | | (A) When the arrest or charge not initiated by | 6 | | arrest sought to be expunged resulted in an acquittal, | 7 | | dismissal, the petitioner's release without charging, | 8 | | or the reversal or vacation of a conviction, there is | 9 | | no waiting period to petition for the expungement of | 10 | | such records. | 11 | | (B) When the arrest or charge not initiated by | 12 | | arrest
sought to be expunged resulted in an order of | 13 | | supervision, successfully
completed by the petitioner, | 14 | | the following time frames will apply: | 15 | | (i) Those arrests or charges that resulted in | 16 | | orders of
supervision under Section 3-707, 3-708, | 17 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | 18 | | similar provision of a local ordinance, or under | 19 | | Section 11-1.50, 12-3.2 , or 12-15 of the Criminal | 20 | | Code of 1961 or a similar provision of a local | 21 | | ordinance, shall not be eligible for expungement | 22 | | until 5 years have passed following the | 23 | | satisfactory termination of the supervision. | 24 | | (ii) Those arrests or charges that resulted in | 25 | | orders
of supervision for any other offenses shall | 26 | | not be
eligible for expungement until 2 years have |
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| 1 | | passed
following the satisfactory termination of | 2 | | the supervision. | 3 | | (C) When the arrest or charge not initiated by | 4 | | arrest sought to
be expunged resulted in an order of | 5 | | qualified probation, successfully
completed by the | 6 | | petitioner, such records shall not be eligible for
| 7 | | expungement until 5 years have passed following the | 8 | | satisfactory
termination of the probation. | 9 | | (3) Those records maintained by the Department for
| 10 | | persons arrested prior to their 17th birthday shall be
| 11 | | expunged as provided in Section 5-915 of the Juvenile Court
| 12 | | Act of 1987. | 13 | | (4) Whenever a person has been arrested for or | 14 | | convicted of any
offense, in the name of a person whose | 15 | | identity he or she has stolen or otherwise
come into | 16 | | possession of, the aggrieved person from whom the identity
| 17 | | was stolen or otherwise obtained without authorization,
| 18 | | upon learning of the person having been arrested using his
| 19 | | or her identity, may, upon verified petition to the chief | 20 | | judge of
the circuit wherein the arrest was made, have a | 21 | | court order
entered nunc pro tunc by the Chief Judge to | 22 | | correct the
arrest record, conviction record, if any, and | 23 | | all official
records of the arresting authority, the | 24 | | Department, other
criminal justice agencies, the | 25 | | prosecutor, and the trial
court concerning such arrest, if | 26 | | any, by removing his or her name
from all such records in |
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| 1 | | connection with the arrest and
conviction, if any, and by | 2 | | inserting in the records the
name of the offender, if known | 3 | | or ascertainable, in lieu of
the aggrieved's name. The | 4 | | records of the circuit court clerk shall be sealed until | 5 | | further order of
the court upon good cause shown and the | 6 | | name of the
aggrieved person obliterated on the official | 7 | | index
required to be kept by the circuit court clerk under
| 8 | | Section 16 of the Clerks of Courts Act, but the order shall
| 9 | | not affect any index issued by the circuit court clerk
| 10 | | before the entry of the order. Nothing in this Section
| 11 | | shall limit the Department of State Police or other
| 12 | | criminal justice agencies or prosecutors from listing
| 13 | | under an offender's name the false names he or she has
| 14 | | used. | 15 | | (5) Whenever a person has been convicted of criminal
| 16 | | sexual assault, aggravated criminal sexual assault,
| 17 | | predatory criminal sexual assault of a child, criminal
| 18 | | sexual abuse, or aggravated criminal sexual abuse, the
| 19 | | victim of that offense may request that the State's
| 20 | | Attorney of the county in which the conviction occurred
| 21 | | file a verified petition with the presiding trial judge at
| 22 | | the petitioner's trial to have a court order entered to | 23 | | seal
the records of the circuit court clerk in connection
| 24 | | with the proceedings of the trial court concerning that
| 25 | | offense. However, the records of the arresting authority
| 26 | | and the Department of State Police concerning the offense
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| 1 | | shall not be sealed. The court, upon good cause shown,
| 2 | | shall make the records of the circuit court clerk in
| 3 | | connection with the proceedings of the trial court
| 4 | | concerning the offense available for public inspection. | 5 | | (6) If a conviction has been set aside on direct review
| 6 | | or on collateral attack and the court determines by clear
| 7 | | and convincing evidence that the petitioner was factually
| 8 | | innocent of the charge, the court shall enter an
| 9 | | expungement order as provided in subsection (b) of Section
| 10 | | 5-5-4 of the Unified Code of Corrections. | 11 | | (7) Nothing in this Section shall prevent the | 12 | | Department of
State Police from maintaining all records of | 13 | | any person who
is admitted to probation upon terms and | 14 | | conditions and who
fulfills those terms and conditions | 15 | | pursuant to Section 10
of the Cannabis Control Act, Section | 16 | | 410 of the Illinois
Controlled Substances Act, Section 70 | 17 | | of the
Methamphetamine Control and Community Protection | 18 | | Act,
Section 12-4.3 or subdivision (b)(1) of Section | 19 | | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | 20 | | Illinois Alcoholism and Other Drug Dependency Act,
Section | 21 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 22 | | Act, or Section 10 of the Steroid Control Act. | 23 | | (c) Sealing. | 24 | | (1) Applicability. Notwithstanding any other provision | 25 | | of this Act to the contrary, and cumulative with any rights | 26 | | to expungement of criminal records, this subsection |
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| 1 | | authorizes the sealing of criminal records of adults and of | 2 | | minors prosecuted as adults. | 3 | | (2) Eligible Records. The following records may be | 4 | | sealed: | 5 | | (A) All arrests resulting in release without | 6 | | charging; | 7 | | (B) Arrests or charges not initiated by arrest | 8 | | resulting in acquittal, dismissal, or conviction when | 9 | | the conviction was reversed or vacated, except as | 10 | | excluded by subsection (a)(3)(B); | 11 | | (C) Arrests or charges not initiated by arrest | 12 | | resulting in orders of supervision successfully | 13 | | completed by the petitioner, unless excluded by | 14 | | subsection (a)(3); | 15 | | (D) Arrests or charges not initiated by arrest | 16 | | resulting in convictions unless excluded by subsection | 17 | | (a)(3); | 18 | | (E) Arrests or charges not initiated by arrest | 19 | | resulting in orders of first offender probation under | 20 | | Section 10 of the Cannabis Control Act, Section 410 of | 21 | | the Illinois Controlled Substances Act, or Section 70 | 22 | | of the Methamphetamine Control and Community | 23 | | Protection Act; and | 24 | | (F) Arrests or charges not initiated by arrest | 25 | | resulting in Class 4 felony convictions for the | 26 | | following offenses: |
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| 1 | | (i) Section 11-14 of the Criminal Code of 1961; | 2 | | (ii) Section 4 of the Cannabis Control Act; | 3 | | (iii) Section 402 of the Illinois Controlled | 4 | | Substances Act; | 5 | | (iv) the Methamphetamine Precursor Control | 6 | | Act; and | 7 | | (v) the Steroid Control Act. | 8 | | (3) When Records Are Eligible to Be Sealed. Records | 9 | | identified as eligible under subsection (c)(2) may be | 10 | | sealed as follows: | 11 | | (A) Records identified as eligible under | 12 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | 13 | | time. | 14 | | (B) Records identified as eligible under | 15 | | subsection (c)(2)(C) may be sealed
(i) 3 years after | 16 | | the termination of petitioner's last sentence (as | 17 | | defined in subsection (a)(1)(F)) if the petitioner has | 18 | | never been convicted of a criminal offense (as defined | 19 | | in subsection (a)(1)(D)); or
(ii) 4 years after the | 20 | | termination of the petitioner's last sentence (as | 21 | | defined in subsection (a)(1)(F)) if the petitioner has | 22 | | ever been convicted of a criminal offense (as defined | 23 | | in subsection (a)(1)(D)). | 24 | | (C) Records identified as eligible under | 25 | | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | 26 | | sealed 4 years after the termination of the |
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| 1 | | petitioner's last sentence (as defined in subsection | 2 | | (a)(1)(F)). | 3 | | (D) Records identified in subsection | 4 | | (a)(3)(A)(iii) may be sealed after the petitioner has | 5 | | reached the age of 25 years. | 6 | | (4) Subsequent felony convictions. A person may not | 7 | | have
subsequent felony conviction records sealed as | 8 | | provided in this subsection
(c) if he or she is convicted | 9 | | of any felony offense after the date of the
sealing of | 10 | | prior felony convictions as provided in this subsection | 11 | | (c). The court may, upon conviction for a subsequent felony | 12 | | offense, order the unsealing of prior felony conviction | 13 | | records previously ordered sealed by the court. | 14 | | (5) Notice of eligibility for sealing. Upon entry of a | 15 | | disposition for an eligible record under this subsection | 16 | | (c), the petitioner shall be informed by the court of the | 17 | | right to have the records sealed and the procedures for the | 18 | | sealing of the records. | 19 | | (d) Procedure. The following procedures apply to | 20 | | expungement under subsections (b) and (e), and sealing under | 21 | | subsection (c): | 22 | | (1) Filing the petition. Upon becoming eligible to | 23 | | petition for
the expungement or sealing of records under | 24 | | this Section, the petitioner shall file a petition | 25 | | requesting the expungement
or sealing of records with the | 26 | | clerk of the court where the arrests occurred or the |
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| 1 | | charges were brought, or both. If arrests occurred or | 2 | | charges were brought in multiple jurisdictions, a petition | 3 | | must be filed in each such jurisdiction. The petitioner | 4 | | shall pay the applicable fee, if not waived. | 5 | | (2) Contents of petition. The petition shall be
| 6 | | verified and shall contain the petitioner's name, date of
| 7 | | birth, current address and, for each arrest or charge not | 8 | | initiated by
arrest sought to be sealed or expunged, the | 9 | | case number, the date of
arrest (if any), the identity of | 10 | | the arresting authority, and such
other information as the | 11 | | court may require. During the pendency
of the proceeding, | 12 | | the petitioner shall promptly notify the
circuit court | 13 | | clerk of any change of his or her address. | 14 | | (3) Drug test. The petitioner must attach to the | 15 | | petition proof that the petitioner has passed a test taken | 16 | | within 30 days before the filing of the petition showing | 17 | | the absence within his or her body of all illegal | 18 | | substances as defined by the Illinois Controlled | 19 | | Substances Act, the Methamphetamine Control and Community | 20 | | Protection Act, and the Cannabis Control Act if he or she | 21 | | is petitioning to seal felony records pursuant to clause | 22 | | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | 23 | | petitioning to expunge felony records of a qualified | 24 | | probation pursuant to clause (b)(1)(B)(iv). | 25 | | (4) Service of petition. The circuit court clerk shall | 26 | | promptly
serve a copy of the petition on the State's |
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| 1 | | Attorney or
prosecutor charged with the duty of prosecuting | 2 | | the
offense, the Department of State Police, the arresting
| 3 | | agency and the chief legal officer of the unit of local
| 4 | | government effecting the arrest. | 5 | | (5) Objections. | 6 | | (A) Any party entitled to notice of the petition | 7 | | may file an objection to the petition. All objections | 8 | | shall be in writing, shall be filed with the circuit | 9 | | court clerk, and shall state with specificity the basis | 10 | | of the objection. | 11 | | (B) Objections to a petition to expunge or seal | 12 | | must be filed within 60 days of the date of service of | 13 | | the petition. | 14 | | (6) Entry of order. | 15 | | (A) The Chief Judge of the circuit wherein the | 16 | | charge was brought, any judge of that circuit | 17 | | designated by the Chief Judge, or in counties of less | 18 | | than 3,000,000 inhabitants, the presiding trial judge | 19 | | at the petitioner's trial, if any, shall rule on the | 20 | | petition to expunge or seal as set forth in this | 21 | | subsection (d)(6). | 22 | | (B) Unless the State's Attorney or prosecutor, the | 23 | | Department of
State Police, the arresting agency, or | 24 | | the chief legal officer
files an objection to the | 25 | | petition to expunge or seal within 60 days from the | 26 | | date of service of the petition, the court shall enter |
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| 1 | | an order granting or denying the petition. | 2 | | (7) Hearings. If an objection is filed, the court shall | 3 | | set a date for a hearing and notify the petitioner and all | 4 | | parties entitled to notice of the petition of the hearing | 5 | | date at least 30 days prior to the hearing, and shall hear | 6 | | evidence on whether the petition should or should not be | 7 | | granted, and shall grant or deny the petition to expunge or | 8 | | seal the records based on the evidence presented at the | 9 | | hearing. | 10 | | (8) Service of order. After entering an order to | 11 | | expunge or
seal records, the court must provide copies of | 12 | | the order to the
Department, in a form and manner | 13 | | prescribed by the Department,
to the petitioner, to the | 14 | | State's Attorney or prosecutor
charged with the duty of | 15 | | prosecuting the offense, to the
arresting agency, to the | 16 | | chief legal officer of the unit of
local government | 17 | | effecting the arrest, and to such other
criminal justice | 18 | | agencies as may be ordered by the court. | 19 | | (9) Effect of order. | 20 | | (A) Upon entry of an order to expunge records | 21 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | 22 | | (i) the records shall be expunged (as defined | 23 | | in subsection (a)(1)(E)) by the arresting agency, | 24 | | the Department, and any other agency as ordered by | 25 | | the court, within 60 days of the date of service of | 26 | | the order, unless a motion to vacate, modify, or |
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| 1 | | reconsider the order is filed pursuant to | 2 | | paragraph (12) of subsection (d) of this Section; | 3 | | (ii) the records of the circuit court clerk | 4 | | shall be impounded until further order of the court | 5 | | upon good cause shown and the name of the | 6 | | petitioner obliterated on the official index | 7 | | required to be kept by the circuit court clerk | 8 | | under Section 16 of the Clerks of Courts Act, but | 9 | | the order shall not affect any index issued by the | 10 | | circuit court clerk before the entry of the order; | 11 | | and | 12 | | (iii) in response to an inquiry for expunged | 13 | | records, the court, the Department, or the agency | 14 | | receiving such inquiry, shall reply as it does in | 15 | | response to inquiries when no records ever | 16 | | existed. | 17 | | (B) Upon entry of an order to expunge records | 18 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | 19 | | (i) the records shall be expunged (as defined | 20 | | in subsection (a)(1)(E)) by the arresting agency | 21 | | and any other agency as ordered by the court, | 22 | | within 60 days of the date of service of the order, | 23 | | unless a motion to vacate, modify, or reconsider | 24 | | the order is filed pursuant to paragraph (12) of | 25 | | subsection (d) of this Section; | 26 | | (ii) the records of the circuit court clerk |
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| 1 | | shall be impounded until further order of the court | 2 | | upon good cause shown and the name of the | 3 | | petitioner obliterated on the official index | 4 | | required to be kept by the circuit court clerk | 5 | | under Section 16 of the Clerks of Courts Act, but | 6 | | the order shall not affect any index issued by the | 7 | | circuit court clerk before the entry of the order; | 8 | | (iii) the records shall be impounded by the
| 9 | | Department within 60 days of the date of service of | 10 | | the order as ordered by the court, unless a motion | 11 | | to vacate, modify, or reconsider the order is filed | 12 | | pursuant to paragraph (12) of subsection (d) of | 13 | | this Section; | 14 | | (iv) records impounded by the Department may | 15 | | be disseminated by the Department only as required | 16 | | by law or to the arresting authority, the State's | 17 | | Attorney, and the court upon a later arrest for the | 18 | | same or a similar offense or for the purpose of | 19 | | sentencing for any subsequent felony, and to the | 20 | | Department of Corrections upon conviction for any | 21 | | offense; and | 22 | | (v) in response to an inquiry for such records | 23 | | from anyone not authorized by law to access such | 24 | | records the court, the Department, or the agency | 25 | | receiving such inquiry shall reply as it does in | 26 | | response to inquiries when no records ever |
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| 1 | | existed. | 2 | | (C) Upon entry of an order to seal records under | 3 | | subsection
(c), the arresting agency, any other agency | 4 | | as ordered by the court, the Department, and the court | 5 | | shall seal the records (as defined in subsection | 6 | | (a)(1)(K)). In response to an inquiry for such records | 7 | | from anyone not authorized by law to access such | 8 | | records the court, the Department, or the agency | 9 | | receiving such inquiry shall reply as it does in | 10 | | response to inquiries when no records ever existed. | 11 | | (10) Fees. The Department may charge the petitioner a | 12 | | fee equivalent to the cost of processing any order to | 13 | | expunge or seal records. Notwithstanding any provision of | 14 | | the Clerks of Courts Act to the contrary, the circuit court | 15 | | clerk may charge a fee equivalent to the cost associated | 16 | | with the sealing or expungement of records by the circuit | 17 | | court clerk. From the total filing fee collected for the | 18 | | petition to seal or expunge, the circuit court clerk shall | 19 | | deposit $10 into the Circuit Court Clerk Operation and | 20 | | Administrative Fund, to be used to offset the costs | 21 | | incurred by the circuit court clerk in performing the | 22 | | additional duties required to serve the petition to seal or | 23 | | expunge on all parties. The circuit court clerk shall | 24 | | collect and forward the Department of State Police portion | 25 | | of the fee to the Department and it shall be deposited in | 26 | | the State Police Services Fund. |
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| 1 | | (11) Final Order. No court order issued under the | 2 | | expungement or sealing provisions of this Section shall | 3 | | become final for purposes of appeal until 30 days after | 4 | | service of the order on the petitioner and all parties | 5 | | entitled to notice of the petition. | 6 | | (12) Motion to Vacate, Modify, or Reconsider. The | 7 | | petitioner or any party entitled to notice may file a | 8 | | motion to vacate, modify, or reconsider the order granting | 9 | | or denying the petition to expunge or seal within 60 days | 10 | | of service of the order. | 11 | | (e) Whenever a person who has been convicted of an offense | 12 | | is granted
a pardon by the Governor which specifically | 13 | | authorizes expungement, he or she may,
upon verified petition | 14 | | to the Chief Judge of the circuit where the person had
been | 15 | | convicted, any judge of the circuit designated by the Chief | 16 | | Judge, or in
counties of less than 3,000,000 inhabitants, the | 17 | | presiding trial judge at the
defendant's trial, have a court | 18 | | order entered expunging the record of
arrest from the official | 19 | | records of the arresting authority and order that the
records | 20 | | of the circuit court clerk and the Department be sealed until
| 21 | | further order of the court upon good cause shown or as | 22 | | otherwise provided
herein, and the name of the defendant | 23 | | obliterated from the official index
requested to be kept by the | 24 | | circuit court clerk under Section 16 of the Clerks
of Courts | 25 | | Act in connection with the arrest and conviction for the | 26 | | offense for
which he or she had been pardoned but the order |
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| 1 | | shall not affect any index issued by
the circuit court clerk | 2 | | before the entry of the order. All records sealed by
the | 3 | | Department may be disseminated by the Department only as | 4 | | required by law or
to the arresting authority, the State's | 5 | | Attorney, and the court upon a later
arrest for the same or | 6 | | similar offense or for the purpose of sentencing for any
| 7 | | subsequent felony. Upon conviction for any subsequent offense, | 8 | | the Department
of Corrections shall have access to all sealed | 9 | | records of the Department
pertaining to that individual. Upon | 10 | | entry of the order of expungement, the
circuit court clerk | 11 | | shall promptly mail a copy of the order to the
person who was | 12 | | pardoned. | 13 | | (f) Subject to available funding, the Illinois Department
| 14 | | of Corrections shall conduct a study of the impact of sealing,
| 15 | | especially on employment and recidivism rates, utilizing a
| 16 | | random sample of those who apply for the sealing of their
| 17 | | criminal records under Public Act 93-211. At the request of the
| 18 | | Illinois Department of Corrections, records of the Illinois
| 19 | | Department of Employment Security shall be utilized as
| 20 | | appropriate to assist in the study. The study shall not
| 21 | | disclose any data in a manner that would allow the
| 22 | | identification of any particular individual or employing unit.
| 23 | | The study shall be made available to the General Assembly no
| 24 | | later than September 1, 2010.
| 25 | | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | 26 | | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
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| 1 | | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | 2 | | eff. 8-19-11; revised 9-6-11.)". | 3 | | Section 10. The Illinois Vehicle Code is amended by | 4 | | changing Sections 6-205, 6-206, 6-208, and 6-303 as follows:
| 5 | | (625 ILCS 5/6-205)
| 6 | | Sec. 6-205. Mandatory revocation of license or permit; | 7 | | Hardship cases.
| 8 | | (a) Except as provided in this Section, the Secretary of | 9 | | State shall
immediately revoke the license, permit, or driving | 10 | | privileges of
any driver upon receiving a
report of the | 11 | | driver's conviction of any of the following offenses:
| 12 | | 1. Reckless homicide resulting from the operation of a | 13 | | motor vehicle;
| 14 | | 2. Violation of Section 11-501 of this Code or a | 15 | | similar provision of
a local ordinance relating to the | 16 | | offense of operating or being in physical
control of a | 17 | | vehicle while under the influence of alcohol, other drug or
| 18 | | drugs, intoxicating compound or compounds, or any | 19 | | combination thereof;
| 20 | | 3. Any felony under the laws of any State or the | 21 | | federal government
in the commission of which a motor | 22 | | vehicle was used;
| 23 | | 4. Violation of Section 11-401 of this Code relating to | 24 | | the offense of
leaving the scene of a traffic accident |
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| 1 | | involving death or personal injury;
| 2 | | 5. Perjury or the making of a false affidavit or | 3 | | statement under
oath to the Secretary of State under this | 4 | | Code or under any
other law relating to the ownership or | 5 | | operation of motor vehicles;
| 6 | | 6. Conviction upon 3 charges of violation of Section | 7 | | 11-503 of this
Code relating to the offense of reckless | 8 | | driving committed within a
period of 12 months;
| 9 | | 7. Conviction of any offense
defined in
Section 4-102 | 10 | | of this Code;
| 11 | | 8. Violation of Section 11-504 of this Code relating to | 12 | | the offense
of drag racing;
| 13 | | 9. Violation of Chapters 8 and 9 of this Code;
| 14 | | 10. Violation of Section 12-5 of the Criminal Code of | 15 | | 1961 arising from
the use of a motor vehicle;
| 16 | | 11. Violation of Section 11-204.1 of this Code relating | 17 | | to aggravated
fleeing or attempting to elude a peace | 18 | | officer;
| 19 | | 12. Violation of paragraph (1) of subsection (b) of | 20 | | Section 6-507,
or a similar law of any other state, | 21 | | relating to the
unlawful operation of a commercial motor | 22 | | vehicle;
| 23 | | 13. Violation of paragraph (a) of Section 11-502 of | 24 | | this Code or a
similar provision of a local ordinance if | 25 | | the driver has been previously
convicted of a violation of | 26 | | that Section or a similar provision of a local
ordinance |
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| 1 | | and the driver was less than 21 years of age at the time of | 2 | | the
offense;
| 3 | | 14. Violation of paragraph (a) of Section 11-506 of | 4 | | this Code or a similar provision of a local ordinance | 5 | | relating to the offense of street racing;
| 6 | | 15. A second or subsequent conviction of driving while | 7 | | the person's driver's license, permit or privileges was | 8 | | revoked for reckless homicide or a similar out-of-state | 9 | | offense; | 10 | | 16. Any offense against any provision in this Code, or | 11 | | any local ordinance, regulating the
movement of traffic | 12 | | when that offense was the proximate cause of the death of | 13 | | any person. Any person whose driving privileges have been | 14 | | revoked pursuant to this paragraph may seek to have the | 15 | | revocation terminated or to have the length of revocation | 16 | | reduced by requesting an administrative hearing with the | 17 | | Secretary of State prior to the projected driver's license | 18 | | application eligibility date. | 19 | | (b) The Secretary of State shall also immediately revoke | 20 | | the license
or permit of any driver in the following | 21 | | situations:
| 22 | | 1. Of any minor upon receiving the notice provided for | 23 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 24 | | minor has been
adjudicated under that Act as having | 25 | | committed an offense relating to
motor vehicles prescribed | 26 | | in Section 4-103 of this Code;
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| 1 | | 2. Of any person when any other law of this State | 2 | | requires either the
revocation or suspension of a license | 3 | | or permit;
| 4 | | 3. Of any person adjudicated under the Juvenile Court | 5 | | Act of 1987 based on an offense determined to have been | 6 | | committed in furtherance of the criminal activities of an | 7 | | organized gang as provided in Section 5-710 of that Act, | 8 | | and that involved the operation or use of a motor vehicle | 9 | | or the use of a driver's license or permit. The revocation | 10 | | shall remain in effect for the period determined by the | 11 | | court. Upon the direction of the court, the Secretary shall | 12 | | issue the person a judicial driving permit, also known as a | 13 | | JDP. The JDP shall be subject to the same terms as a JDP | 14 | | issued under Section 6-206.1, except that the court may | 15 | | direct that a JDP issued under this subdivision (b)(3) be | 16 | | effective immediately.
| 17 | | (c)(1) Whenever a person is convicted of any of the | 18 | | offenses enumerated in
this Section, the court may recommend | 19 | | and the Secretary of State in his
discretion, without regard to | 20 | | whether the recommendation is made by the
court may, upon | 21 | | application,
issue to the person a
restricted driving permit | 22 | | granting the privilege of driving a motor
vehicle between the | 23 | | petitioner's residence and petitioner's place
of employment or | 24 | | within the scope of the petitioner's employment related
duties, | 25 | | or to allow the petitioner to transport himself or herself or a | 26 | | family member
of the petitioner's household to a medical |
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| 1 | | facility for the receipt of necessary medical care or to allow | 2 | | the
petitioner to transport himself or herself to and from | 3 | | alcohol or drug remedial or rehabilitative activity | 4 | | recommended by a licensed service provider, or to allow the
| 5 | | petitioner to transport himself or herself or a family member | 6 | | of the petitioner's household to classes, as a student, at an | 7 | | accredited educational
institution, or to allow the petitioner | 8 | | to transport children, elderly persons, or disabled persons who | 9 | | do not hold driving privileges and are living in the | 10 | | petitioner's household to and from daycare; if the petitioner | 11 | | is able to demonstrate that no alternative means
of | 12 | | transportation is reasonably available and that the petitioner | 13 | | will not endanger
the public safety or welfare; provided that | 14 | | the Secretary's discretion shall be
limited to cases where | 15 | | undue hardship, as defined by the rules of the Secretary of | 16 | | State, would result from a failure to issue the
restricted | 17 | | driving permit. Those multiple offenders identified in | 18 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 19 | | not be eligible for the issuance of a restricted driving | 20 | | permit.
| 21 | | (1.5) If a person is
convicted of a combination of 4 or | 22 | | more offenses which include a violation of Section 11-501 | 23 | | of this Code or a similar provision of a local
ordinance, | 24 | | Section 11-401 of this Code, or Section 9-3 of the
Criminal | 25 | | Code of 1961, or
a combination of violations of
similar | 26 | | provisions of local ordinances,
similar out-of-state |
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| 1 | | offenses, or similar offenses committed on a military | 2 | | installation, the person may make application for a | 3 | | restricted driving permit, at a formal hearing conducted | 4 | | under Section 2-118 of this Code, after the expiration of 3 | 5 | | years from the effective date of the most recent | 6 | | revocation, provided the person, in addition to all other | 7 | | requirements of the Secretary, shows by clear and | 8 | | convincing evidence: | 9 | | (A) a minimum 3 years of uninterrupted abstinence | 10 | | from alcohol, other drug or drugs, intoxicating | 11 | | compound or compounds, or any combination thereof; and | 12 | | (B) the successful completion of all | 13 | | rehabilitative activity recommended by a properly | 14 | | licensed service provider, pursuant to an assessment | 15 | | of the person's alcohol or drug use and mental health. | 16 | | In determining whether an applicant is eligible for a | 17 | | restricted driving permit under this subparagraph (1.5), | 18 | | the Secretary may consider any relevant evidence, | 19 | | including but not limited to testimony, affidavits, | 20 | | records, and the results of regular alcohol or drug tests. | 21 | | A restricted driving permit issued under this | 22 | | subparagraph (1.5) shall provide that the holder may only | 23 | | operate vehicles equipped with an interlock ignition | 24 | | device. The Secretary may cancel a restricted driving | 25 | | permit or amend the conditions of a restricted driving | 26 | | permit issued under this subparagraph (1.5) if the holder |
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| 1 | | operates a vehicle that is not equipped with an interlock | 2 | | ignition device, or for any other reason authorized under | 3 | | this Code. | 4 | | (2) If a person's license or permit is revoked or | 5 | | suspended due to 2 or
more convictions of violating Section | 6 | | 11-501 of this Code or a similar
provision of a local | 7 | | ordinance or a similar out-of-state offense, or Section 9-3 | 8 | | of the Criminal Code of 1961, where the use of alcohol or | 9 | | other drugs is recited as an element of the offense, or a | 10 | | similar out-of-state offense, or a combination of these | 11 | | offenses, arising out
of separate occurrences, that | 12 | | person, if issued a restricted driving permit,
may not | 13 | | operate a vehicle unless it has been equipped with an | 14 | | ignition
interlock device as defined in Section 1-129.1.
| 15 | | (3) If:
| 16 | | (A) a person's license or permit is revoked or | 17 | | suspended 2 or more
times within a 10 year period due | 18 | | to any combination of: | 19 | | (i)
a single conviction of violating Section
| 20 | | 11-501 of this Code or a similar provision of a | 21 | | local ordinance or a similar
out-of-state offense, | 22 | | or Section 9-3 of the Criminal Code of 1961, where | 23 | | the use of alcohol or other drugs is recited as an | 24 | | element of the offense, or a similar out-of-state | 25 | | offense; or | 26 | | (ii)
a statutory summary suspension or |
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| 1 | | revocation under Section
11-501.1; or | 2 | | (iii)
a suspension pursuant to Section | 3 | | 6-203.1;
| 4 | | arising out of
separate occurrences; or | 5 | | (B)
a person has been convicted of one violation of | 6 | | Section 6-303 of this Code committed while his or her | 7 | | driver's license, permit, or privilege was revoked | 8 | | because of a violation of Section 9-3 of the Criminal | 9 | | Code of 1961, relating to the offense of reckless | 10 | | homicide where the use of alcohol or other drugs was | 11 | | recited as an element of the offense, or a similar | 12 | | provision of a law of another state;
| 13 | | that person, if issued a restricted
driving permit, may not | 14 | | operate a vehicle unless it has been equipped with an
| 15 | | ignition interlock device as defined in Section 1-129.1. | 16 | | (4)
The person issued a permit conditioned on the use | 17 | | of an ignition interlock device must pay to the Secretary | 18 | | of State DUI Administration Fund an amount
not to exceed | 19 | | $30 per month. The Secretary shall establish by rule the | 20 | | amount
and the procedures, terms, and conditions relating | 21 | | to these fees. | 22 | | (5)
If the restricted driving permit is issued for | 23 | | employment purposes, then
the prohibition against | 24 | | operating a motor vehicle that is not equipped with an | 25 | | ignition interlock device does not apply to the operation | 26 | | of an occupational vehicle
owned or leased by that person's |
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| 1 | | employer when used solely for employment purposes. | 2 | | (6)
In each case the Secretary of State may issue a
| 3 | | restricted driving permit for a period he deems | 4 | | appropriate, except that the
permit shall expire within one | 5 | | year from the date of issuance. The Secretary
may not, | 6 | | however, issue a restricted driving permit to any person | 7 | | whose current
revocation is the result of a second or | 8 | | subsequent conviction for a violation
of Section 11-501 of | 9 | | this Code or a similar provision of a local ordinance
or | 10 | | any similar out-of-state offense, or Section 9-3 of the | 11 | | Criminal Code of 1961, where the use of alcohol or other | 12 | | drugs is recited as an element of the offense, or any | 13 | | similar out-of-state offense, or any combination of these | 14 | | offenses, until the expiration of at least one year from | 15 | | the date of the
revocation. A restricted
driving permit | 16 | | issued under this Section shall be
subject to cancellation, | 17 | | revocation, and suspension by the Secretary of
State in | 18 | | like manner and for like cause as a driver's license issued
| 19 | | under this Code may be cancelled, revoked, or
suspended; | 20 | | except that a conviction upon one or more offenses against | 21 | | laws or
ordinances regulating the movement of traffic shall | 22 | | be deemed sufficient cause
for the revocation, suspension, | 23 | | or cancellation of a restricted driving permit.
The | 24 | | Secretary of State may, as a condition to the issuance of a | 25 | | restricted
driving permit, require the petitioner to | 26 | | participate in a designated driver
remedial or |
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| 1 | | rehabilitative program. The Secretary of State is | 2 | | authorized to
cancel a restricted driving permit if the | 3 | | permit holder does not successfully
complete the program. | 4 | | However, if an individual's driving privileges have been
| 5 | | revoked in accordance with paragraph 13 of subsection (a) | 6 | | of this Section, no
restricted driving permit shall be | 7 | | issued until the individual has served 6
months of the | 8 | | revocation period.
| 9 | | (c-5) (Blank).
| 10 | | (c-6) If a person is convicted of a second violation of | 11 | | operating a motor vehicle while the person's driver's license, | 12 | | permit or privilege was revoked, where the revocation was for a | 13 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 14 | | to the offense of reckless homicide or a similar out-of-state | 15 | | offense, the person's driving privileges shall be revoked | 16 | | pursuant to subdivision (a)(15) of this Section. The person may | 17 | | not make application for a license or permit until the | 18 | | expiration of five years from the effective date of the | 19 | | revocation or the expiration of five years from the date of | 20 | | release from a term of imprisonment, whichever is later. | 21 | | (c-7) If a person is convicted of a third or subsequent | 22 | | violation of operating a motor vehicle while the person's | 23 | | driver's license, permit or privilege was revoked, where the | 24 | | revocation was for a violation of Section 9-3 of the Criminal | 25 | | Code of 1961 relating to the offense of reckless homicide or a | 26 | | similar out-of-state offense, the person may never apply for a |
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| 1 | | license or permit. | 2 | | (d)(1) Whenever a person under the age of 21 is convicted | 3 | | under Section
11-501 of this Code or a similar provision of a | 4 | | local ordinance or a similar out-of-state offense, the
| 5 | | Secretary of State shall revoke the driving privileges of that | 6 | | person. One
year after the date of revocation, and upon | 7 | | application, the Secretary of
State may, if satisfied that the | 8 | | person applying will not endanger the
public safety or welfare, | 9 | | issue a restricted driving permit granting the
privilege of | 10 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 11 | | p.m. or as otherwise provided by this Section for a period of | 12 | | one year.
After this one year period, and upon reapplication | 13 | | for a license as
provided in Section 6-106, upon payment of the | 14 | | appropriate reinstatement
fee provided under paragraph (b) of | 15 | | Section 6-118, the Secretary of State,
in his discretion, may
| 16 | | reinstate the petitioner's driver's license and driving | 17 | | privileges, or extend the restricted driving permit as many | 18 | | times as the
Secretary of State deems appropriate, by | 19 | | additional periods of not more than
12 months each.
| 20 | | (2) If a person's license or permit is revoked or | 21 | | suspended due to 2 or
more convictions of violating Section | 22 | | 11-501 of this Code or a similar
provision of a local | 23 | | ordinance or a similar out-of-state offense, or Section 9-3 | 24 | | of the Criminal Code of 1961, where the use of alcohol or | 25 | | other drugs is recited as an element of the offense, or a | 26 | | similar out-of-state offense, or a combination of these |
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| 1 | | offenses, arising out
of separate occurrences, that | 2 | | person, if issued a restricted driving permit,
may not | 3 | | operate a vehicle unless it has been equipped with an | 4 | | ignition
interlock device as defined in Section 1-129.1.
| 5 | | (3) If a person's license or permit is revoked or | 6 | | suspended 2 or more times
within a 10 year period due to | 7 | | any combination of: | 8 | | (A) a single conviction of violating Section | 9 | | 11-501
of this
Code or a similar provision of a local | 10 | | ordinance or a similar out-of-state
offense, or | 11 | | Section 9-3 of the Criminal Code of 1961, where the use | 12 | | of alcohol or other drugs is recited as an element of | 13 | | the offense, or a similar out-of-state offense; or | 14 | | (B)
a statutory summary suspension or revocation | 15 | | under Section 11-501.1; or | 16 | | (C) a suspension pursuant to Section 6-203.1; | 17 | | arising out of separate occurrences, that person, if issued | 18 | | a
restricted
driving permit, may not operate a vehicle | 19 | | unless it has been equipped with an
ignition interlock | 20 | | device as defined in Section 1-129.1. | 21 | | (4)
The person issued a permit conditioned upon the use | 22 | | of an interlock device must pay to the Secretary of State | 23 | | DUI Administration Fund an amount
not to exceed $30 per | 24 | | month. The Secretary shall establish by rule the amount
and | 25 | | the procedures, terms, and conditions relating to these | 26 | | fees. |
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| 1 | | (5)
If the restricted driving permit is issued for | 2 | | employment purposes, then
the prohibition against driving | 3 | | a vehicle that is not equipped with an ignition interlock | 4 | | device does not apply to the operation of an occupational | 5 | | vehicle
owned or leased by that person's employer when used | 6 | | solely for employment purposes. | 7 | | (6) A
restricted driving permit issued under this | 8 | | Section shall be subject to
cancellation, revocation, and | 9 | | suspension by the Secretary of State in like
manner and for | 10 | | like cause as a driver's license issued under this Code may | 11 | | be
cancelled, revoked, or suspended; except that a | 12 | | conviction upon one or more
offenses against laws or | 13 | | ordinances regulating the movement of traffic
shall be | 14 | | deemed sufficient cause for the revocation, suspension, or
| 15 | | cancellation of a restricted driving permit.
| 16 | | (d-5) The revocation of the license, permit, or driving | 17 | | privileges of a person convicted of a third or subsequent | 18 | | violation of Section 6-303 of this Code committed while his or | 19 | | her driver's license, permit, or privilege was revoked because | 20 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 21 | | relating to the offense of reckless homicide, or a similar | 22 | | provision of a law of another state, is permanent. The | 23 | | Secretary may not, at any time, issue a license or permit to | 24 | | that person.
| 25 | | (e) This Section is subject to the provisions of the Driver | 26 | | License
Compact.
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| 1 | | (f) Any revocation imposed upon any person under | 2 | | subsections 2
and 3 of paragraph (b) that is in effect on | 3 | | December 31, 1988 shall be
converted to a suspension for a like | 4 | | period of time.
| 5 | | (g) The Secretary of State shall not issue a restricted | 6 | | driving permit to
a person under the age of 16 years whose | 7 | | driving privileges have been revoked
under any provisions of | 8 | | this Code.
| 9 | | (h) The Secretary of State shall require the use of | 10 | | ignition interlock
devices on all vehicles owned by a person | 11 | | who has been convicted of a
second or subsequent offense under | 12 | | Section 11-501 of this Code or a similar
provision of a local | 13 | | ordinance. The person must pay to the Secretary of State DUI | 14 | | Administration Fund an amount not to exceed $30 for each month | 15 | | that he or she uses the device. The Secretary shall establish | 16 | | by rule and
regulation the procedures for certification and use | 17 | | of the interlock
system, the amount of the fee, and the | 18 | | procedures, terms, and conditions relating to these fees.
| 19 | | (i) (Blank).
| 20 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 21 | | State may not issue a restricted driving permit for the | 22 | | operation of a commercial motor vehicle to a person holding a | 23 | | CDL whose driving privileges have been revoked, suspended, | 24 | | cancelled, or disqualified under any provisions of this Code.
| 25 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 26 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
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| 1 | | 7-1-11; 97-333, eff. 8-12-11.)
| 2 | | (625 ILCS 5/6-206)
| 3 | | Sec. 6-206. Discretionary authority to suspend or revoke | 4 | | license or
permit; Right to a hearing.
| 5 | | (a) The Secretary of State is authorized to suspend or | 6 | | revoke the
driving privileges of any person without preliminary | 7 | | hearing upon a showing
of the person's records or other | 8 | | sufficient evidence that
the person:
| 9 | | 1. Has committed an offense for which mandatory | 10 | | revocation of
a driver's license or permit is required upon | 11 | | conviction;
| 12 | | 2. Has been convicted of not less than 3 offenses | 13 | | against traffic
regulations governing the movement of | 14 | | vehicles committed within any 12
month period. No | 15 | | revocation or suspension shall be entered more than
6 | 16 | | months after the date of last conviction;
| 17 | | 3. Has been repeatedly involved as a driver in motor | 18 | | vehicle
collisions or has been repeatedly convicted of | 19 | | offenses against laws and
ordinances regulating the | 20 | | movement of traffic, to a degree that
indicates lack of | 21 | | ability to exercise ordinary and reasonable care in
the | 22 | | safe operation of a motor vehicle or disrespect for the | 23 | | traffic laws
and the safety of other persons upon the | 24 | | highway;
| 25 | | 4. Has by the unlawful operation of a motor vehicle |
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| 1 | | caused or
contributed to an accident resulting in injury | 2 | | requiring
immediate professional treatment in a medical | 3 | | facility or doctor's office
to any person, except that any | 4 | | suspension or revocation imposed by the
Secretary of State | 5 | | under the provisions of this subsection shall start no
| 6 | | later than 6 months after being convicted of violating a | 7 | | law or
ordinance regulating the movement of traffic, which | 8 | | violation is related
to the accident, or shall start not | 9 | | more than one year
after
the date of the accident, | 10 | | whichever date occurs later;
| 11 | | 5. Has permitted an unlawful or fraudulent use of a | 12 | | driver's
license, identification card, or permit;
| 13 | | 6. Has been lawfully convicted of an offense or | 14 | | offenses in another
state, including the authorization | 15 | | contained in Section 6-203.1, which
if committed within | 16 | | this State would be grounds for suspension or revocation;
| 17 | | 7. Has refused or failed to submit to an examination | 18 | | provided for by
Section 6-207 or has failed to pass the | 19 | | examination;
| 20 | | 8. Is ineligible for a driver's license or permit under | 21 | | the provisions
of Section 6-103;
| 22 | | 9. Has made a false statement or knowingly concealed a | 23 | | material fact
or has used false information or | 24 | | identification in any application for a
license, | 25 | | identification card, or permit;
| 26 | | 10. Has possessed, displayed, or attempted to |
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| 1 | | fraudulently use any
license, identification card, or | 2 | | permit not issued to the person;
| 3 | | 11. Has operated a motor vehicle upon a highway of this | 4 | | State when
the person's driving privilege or privilege to | 5 | | obtain a driver's license
or permit was revoked or | 6 | | suspended unless the operation was authorized by
a | 7 | | monitoring device driving permit, judicial driving permit | 8 | | issued prior to January 1, 2009, probationary license to | 9 | | drive, or a restricted
driving permit issued under this | 10 | | Code;
| 11 | | 12. Has submitted to any portion of the application | 12 | | process for
another person or has obtained the services of | 13 | | another person to submit to
any portion of the application | 14 | | process for the purpose of obtaining a
license, | 15 | | identification card, or permit for some other person;
| 16 | | 13. Has operated a motor vehicle upon a highway of this | 17 | | State when
the person's driver's license or permit was | 18 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 19 | | 14. Has committed a violation of Section 6-301, | 20 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 21 | | of the Illinois Identification Card
Act;
| 22 | | 15. Has been convicted of violating Section 21-2 of the | 23 | | Criminal Code
of 1961 relating to criminal trespass to | 24 | | vehicles in which case, the suspension
shall be for one | 25 | | year;
| 26 | | 16. Has been convicted of violating Section 11-204 of |
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| 1 | | this Code relating
to fleeing from a peace officer;
| 2 | | 17. Has refused to submit to a test, or tests, as | 3 | | required under Section
11-501.1 of this Code and the person | 4 | | has not sought a hearing as
provided for in Section | 5 | | 11-501.1;
| 6 | | 18. Has, since issuance of a driver's license or | 7 | | permit, been adjudged
to be afflicted with or suffering | 8 | | from any mental disability or disease;
| 9 | | 19. Has committed a violation of paragraph (a) or (b) | 10 | | of Section 6-101
relating to driving without a driver's | 11 | | license;
| 12 | | 20. Has been convicted of violating Section 6-104 | 13 | | relating to
classification of driver's license;
| 14 | | 21. Has been convicted of violating Section 11-402 of
| 15 | | this Code relating to leaving the scene of an accident | 16 | | resulting in damage
to a vehicle in excess of $1,000, in | 17 | | which case the suspension shall be
for one year;
| 18 | | 22. Has used a motor vehicle in violating paragraph | 19 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 20 | | the Criminal Code of 1961 relating
to unlawful use of | 21 | | weapons, in which case the suspension shall be for one
| 22 | | year;
| 23 | | 23. Has, as a driver, been convicted of committing a | 24 | | violation of
paragraph (a) of Section 11-502 of this Code | 25 | | for a second or subsequent
time within one year of a | 26 | | similar violation;
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| 1 | | 24. Has been convicted by a court-martial or punished | 2 | | by non-judicial
punishment by military authorities of the | 3 | | United States at a military
installation in Illinois of or | 4 | | for a traffic related offense that is the
same as or | 5 | | similar to an offense specified under Section 6-205 or | 6 | | 6-206 of
this Code;
| 7 | | 25. Has permitted any form of identification to be used | 8 | | by another in
the application process in order to obtain or | 9 | | attempt to obtain a license,
identification card, or | 10 | | permit;
| 11 | | 26. Has altered or attempted to alter a license or has | 12 | | possessed an
altered license, identification card, or | 13 | | permit;
| 14 | | 27. Has violated Section 6-16 of the Liquor Control Act | 15 | | of 1934;
| 16 | | 28. Has been convicted of the illegal possession, while | 17 | | operating or
in actual physical control, as a driver, of a | 18 | | motor vehicle, of any
controlled substance prohibited | 19 | | under the Illinois Controlled Substances
Act, any cannabis | 20 | | prohibited under the Cannabis Control
Act, or any | 21 | | methamphetamine prohibited under the Methamphetamine | 22 | | Control and Community Protection Act, in which case the | 23 | | person's driving privileges shall be suspended for
one | 24 | | year, and any driver who is convicted of a second or | 25 | | subsequent
offense, within 5 years of a previous | 26 | | conviction, for the illegal
possession, while operating or |
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| 1 | | in actual physical control, as a driver, of
a motor | 2 | | vehicle, of any controlled substance prohibited under the | 3 | | Illinois Controlled Substances Act, any cannabis
| 4 | | prohibited under the Cannabis Control Act, or any | 5 | | methamphetamine prohibited under the Methamphetamine | 6 | | Control and Community Protection Act shall be suspended for | 7 | | 5 years.
Any defendant found guilty of this offense while | 8 | | operating a motor vehicle,
shall have an entry made in the | 9 | | court record by the presiding judge that
this offense did | 10 | | occur while the defendant was operating a motor vehicle
and | 11 | | order the clerk of the court to report the violation to the | 12 | | Secretary
of State;
| 13 | | 29. Has been convicted of the following offenses that | 14 | | were committed
while the person was operating or in actual | 15 | | physical control, as a driver,
of a motor vehicle: criminal | 16 | | sexual assault,
predatory criminal sexual assault of a | 17 | | child,
aggravated criminal sexual
assault, criminal sexual | 18 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 19 | | soliciting for a juvenile prostitute, promoting juvenile | 20 | | prostitution as described in subdivision (a)(1), (a)(2), | 21 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | 22 | | and the manufacture, sale or
delivery of controlled | 23 | | substances or instruments used for illegal drug use
or | 24 | | abuse in which case the driver's driving privileges shall | 25 | | be suspended
for one year;
| 26 | | 30. Has been convicted a second or subsequent time for |
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| 1 | | any
combination of the offenses named in paragraph 29 of | 2 | | this subsection,
in which case the person's driving | 3 | | privileges shall be suspended for 5
years;
| 4 | | 31. Has refused to submit to a test as
required by | 5 | | Section 11-501.6 or has submitted to a test resulting in
an | 6 | | alcohol concentration of 0.08 or more or any amount of a | 7 | | drug, substance, or
compound resulting from the unlawful | 8 | | use or consumption of cannabis as listed
in the Cannabis | 9 | | Control Act, a controlled substance as listed in the | 10 | | Illinois
Controlled Substances Act, an intoxicating | 11 | | compound as listed in the Use of
Intoxicating Compounds | 12 | | Act, or methamphetamine as listed in the Methamphetamine | 13 | | Control and Community Protection Act, in which case the | 14 | | penalty shall be
as prescribed in Section 6-208.1;
| 15 | | 32. Has been convicted of Section 24-1.2 of the | 16 | | Criminal Code of
1961 relating to the aggravated discharge | 17 | | of a firearm if the offender was
located in a motor vehicle | 18 | | at the time the firearm was discharged, in which
case the | 19 | | suspension shall be for 3 years;
| 20 | | 33. Has as a driver, who was less than 21 years of age | 21 | | on the date of
the offense, been convicted a first time of | 22 | | a violation of paragraph (a) of
Section 11-502 of this Code | 23 | | or a similar provision of a local ordinance;
| 24 | | 34. Has committed a violation of Section 11-1301.5 of | 25 | | this Code;
| 26 | | 35. Has committed a violation of Section 11-1301.6 of |
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| 1 | | this Code;
| 2 | | 36. Is under the age of 21 years at the time of arrest | 3 | | and has been
convicted of not less than 2 offenses against | 4 | | traffic regulations governing
the movement of vehicles | 5 | | committed within any 24 month period. No revocation
or | 6 | | suspension shall be entered more than 6 months after the | 7 | | date of last
conviction;
| 8 | | 37. Has committed a violation of subsection (c) of | 9 | | Section 11-907 of this
Code that resulted in damage to the | 10 | | property of another or the death or injury of another;
| 11 | | 38. Has been convicted of a violation of Section 6-20 | 12 | | of the Liquor
Control Act of 1934 or a similar provision of | 13 | | a local ordinance;
| 14 | | 39. Has committed a second or subsequent violation of | 15 | | Section
11-1201 of this Code;
| 16 | | 40. Has committed a violation of subsection (a-1) of | 17 | | Section 11-908 of
this Code; | 18 | | 41. Has committed a second or subsequent violation of | 19 | | Section 11-605.1 of this Code, a similar provision of a | 20 | | local ordinance, or a similar violation in any other state | 21 | | within 2 years of the date of the previous violation, in | 22 | | which case the suspension shall be for 90 days; | 23 | | 42. Has committed a violation of subsection (a-1) of | 24 | | Section 11-1301.3 of this Code;
| 25 | | 43. Has received a disposition of court supervision for | 26 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
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| 1 | | of the Liquor
Control Act of 1934 or a similar provision of | 2 | | a local ordinance, in which case the suspension shall be | 3 | | for a period of 3 months;
| 4 | | 44.
Is under the age of 21 years at the time of arrest | 5 | | and has been convicted of an offense against traffic | 6 | | regulations governing the movement of vehicles after | 7 | | having previously had his or her driving privileges
| 8 | | suspended or revoked pursuant to subparagraph 36 of this | 9 | | Section; or | 10 | | 45.
Has, in connection with or during the course of a | 11 | | formal hearing conducted under Section 2-118 of this Code: | 12 | | (i) committed perjury; (ii) submitted fraudulent or | 13 | | falsified documents; (iii) submitted documents that have | 14 | | been materially altered; or (iv) submitted, as his or her | 15 | | own, documents that were in fact prepared or composed for | 16 | | another person.
| 17 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 18 | | and 27 of this
subsection, license means any driver's license, | 19 | | any traffic ticket issued when
the person's driver's license is | 20 | | deposited in lieu of bail, a suspension
notice issued by the | 21 | | Secretary of State, a duplicate or corrected driver's
license, | 22 | | a probationary driver's license or a temporary driver's | 23 | | license.
| 24 | | (b) If any conviction forming the basis of a suspension or
| 25 | | revocation authorized under this Section is appealed, the
| 26 | | Secretary of State may rescind or withhold the entry of the |
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| 1 | | order of suspension
or revocation, as the case may be, provided | 2 | | that a certified copy of a stay
order of a court is filed with | 3 | | the Secretary of State. If the conviction is
affirmed on | 4 | | appeal, the date of the conviction shall relate back to the | 5 | | time
the original judgment of conviction was entered and the 6 | 6 | | month limitation
prescribed shall not apply.
| 7 | | (c) 1. Upon suspending or revoking the driver's license or | 8 | | permit of
any person as authorized in this Section, the | 9 | | Secretary of State shall
immediately notify the person in | 10 | | writing of the revocation or suspension.
The notice to be | 11 | | deposited in the United States mail, postage prepaid,
to the | 12 | | last known address of the person.
| 13 | | 2. If the Secretary of State suspends the driver's | 14 | | license
of a person under subsection 2 of paragraph (a) of | 15 | | this Section, a
person's privilege to operate a vehicle as | 16 | | an occupation shall not be
suspended, provided an affidavit | 17 | | is properly completed, the appropriate fee
received, and a | 18 | | permit issued prior to the effective date of the
| 19 | | suspension, unless 5 offenses were committed, at least 2 of | 20 | | which occurred
while operating a commercial vehicle in | 21 | | connection with the driver's
regular occupation. All other | 22 | | driving privileges shall be suspended by the
Secretary of | 23 | | State. Any driver prior to operating a vehicle for
| 24 | | occupational purposes only must submit the affidavit on | 25 | | forms to be
provided by the Secretary of State setting | 26 | | forth the facts of the person's
occupation. The affidavit |
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| 1 | | shall also state the number of offenses
committed while | 2 | | operating a vehicle in connection with the driver's regular
| 3 | | occupation. The affidavit shall be accompanied by the | 4 | | driver's license.
Upon receipt of a properly completed | 5 | | affidavit, the Secretary of State
shall issue the driver a | 6 | | permit to operate a vehicle in connection with the
driver's | 7 | | regular occupation only. Unless the permit is issued by the
| 8 | | Secretary of State prior to the date of suspension, the | 9 | | privilege to drive
any motor vehicle shall be suspended as | 10 | | set forth in the notice that was
mailed under this Section. | 11 | | If an affidavit is received subsequent to the
effective | 12 | | date of this suspension, a permit may be issued for the | 13 | | remainder
of the suspension period.
| 14 | | The provisions of this subparagraph shall not apply to | 15 | | any driver
required to possess a CDL for the purpose of | 16 | | operating a commercial motor vehicle.
| 17 | | Any person who falsely states any fact in the affidavit | 18 | | required
herein shall be guilty of perjury under Section | 19 | | 6-302 and upon conviction
thereof shall have all driving | 20 | | privileges revoked without further rights.
| 21 | | 3. At the conclusion of a hearing under Section 2-118 | 22 | | of this Code,
the Secretary of State shall either rescind | 23 | | or continue an order of
revocation or shall substitute an | 24 | | order of suspension; or, good
cause appearing therefor, | 25 | | rescind, continue, change, or extend the
order of | 26 | | suspension. If the Secretary of State does not rescind the |
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| 1 | | order,
the Secretary may upon application,
to relieve undue | 2 | | hardship (as defined by the rules of the Secretary of | 3 | | State), 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 the petitioner's | 7 | | employment related duties, or to
allow the petitioner to | 8 | | transport himself or herself, or a family member of the
| 9 | | petitioner's household to a medical facility, to receive | 10 | | necessary medical care, to allow the petitioner to | 11 | | transport himself or herself to and from alcohol or drug
| 12 | | remedial or rehabilitative activity recommended by a | 13 | | licensed service provider, or to allow the petitioner to | 14 | | transport himself or herself or a family member of the | 15 | | petitioner's household to classes, as a student, at an | 16 | | accredited educational institution, or to allow the | 17 | | petitioner to transport children, elderly persons, or | 18 | | disabled persons who do not hold driving privileges and are | 19 | | living in the petitioner's household to and from daycare. | 20 | | The
petitioner must demonstrate that no alternative means | 21 | | of
transportation is reasonably available and that the | 22 | | petitioner will not endanger
the public safety or welfare. | 23 | | Those multiple offenders identified in subdivision (b)4 of | 24 | | Section 6-208 of this Code, however, shall not be eligible | 25 | | for the issuance of a restricted driving permit.
| 26 | |
(A) If a person's license or permit is revoked or |
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| 1 | | suspended due to 2
or more convictions of violating | 2 | | Section 11-501 of this Code or a similar
provision of a | 3 | | local ordinance or a similar out-of-state offense, or | 4 | | Section 9-3 of the Criminal Code of 1961, where the use | 5 | | of alcohol or other drugs is recited as an element of | 6 | | the offense, or a similar out-of-state offense, or a | 7 | | combination of these offenses, arising out
of separate | 8 | | occurrences, that person, if issued a restricted | 9 | | driving permit,
may not operate a vehicle unless it has | 10 | | been equipped with an ignition
interlock device as | 11 | | defined in Section 1-129.1.
| 12 | | (B) If a person's license or permit is revoked or | 13 | | suspended 2 or more
times within a 10 year period due | 14 | | to any combination of: | 15 | | (i) a single conviction of violating Section
| 16 | | 11-501 of this Code or a similar provision of a | 17 | | local ordinance or a similar
out-of-state offense | 18 | | or Section 9-3 of the Criminal Code of 1961, where | 19 | | the use of alcohol or other drugs is recited as an | 20 | | element of the offense, or a similar out-of-state | 21 | | offense; or | 22 | | (ii) a statutory summary suspension or | 23 | | revocation under Section
11-501.1; or | 24 | | (iii) a suspension under Section 6-203.1; | 25 | | arising out of
separate occurrences; that person, if | 26 | | issued a restricted driving permit, may
not operate a |
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| 1 | | vehicle unless it has been
equipped with an ignition | 2 | | interlock device as defined in Section 1-129.1. | 3 | | (C)
The person issued a permit conditioned upon the | 4 | | use of an ignition interlock device must pay to the | 5 | | Secretary of State DUI Administration Fund an amount
| 6 | | not to exceed $30 per month. The Secretary shall | 7 | | establish by rule the amount
and the procedures, terms, | 8 | | and conditions relating to these fees. | 9 | | (D) If the
restricted driving permit is issued for | 10 | | employment purposes, then the prohibition against | 11 | | operating a motor vehicle that is not equipped with an | 12 | | ignition interlock device does not apply to the | 13 | | operation of an occupational vehicle owned or
leased by | 14 | | that person's employer when used solely for employment | 15 | | purposes. | 16 | | (E) In each case the Secretary may issue a
| 17 | | restricted driving permit for a period deemed | 18 | | appropriate, except that all
permits shall expire | 19 | | within one year from the date of issuance. The | 20 | | Secretary
may not, however, issue a restricted driving | 21 | | permit to any person whose current
revocation is the | 22 | | result of a second or subsequent conviction for a | 23 | | violation
of Section 11-501 of this Code or a similar | 24 | | provision of a local ordinance
or any similar | 25 | | out-of-state offense, or Section 9-3 of the Criminal | 26 | | Code of 1961, where the use of alcohol or other drugs |
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| 1 | | is recited as an element of the offense, or any similar | 2 | | out-of-state offense, or any combination
of those | 3 | | offenses, until the expiration of at least one year | 4 | | from the date of
the revocation. A
restricted driving | 5 | | permit issued under this Section shall be subject to
| 6 | | cancellation, revocation, and suspension by the | 7 | | Secretary of State in like
manner and for like cause as | 8 | | a driver's license issued under this Code may be
| 9 | | cancelled, revoked, or suspended; except that a | 10 | | conviction upon one or more
offenses against laws or | 11 | | ordinances regulating the movement of traffic
shall be | 12 | | deemed sufficient cause for the revocation, | 13 | | suspension, or
cancellation of a restricted driving | 14 | | permit. The Secretary of State may, as
a condition to | 15 | | the issuance of a restricted driving permit, require | 16 | | the
applicant to participate in a designated driver | 17 | | remedial or rehabilitative
program. The Secretary of | 18 | | State is authorized to cancel a restricted
driving | 19 | | permit if the permit holder does not successfully | 20 | | complete the program.
| 21 | | (F) If a person is
convicted of a combination of 4 | 22 | | or more offenses which include a violation of Section | 23 | | 11-501 of this Code or a similar provision of a local
| 24 | | ordinance, Section 11-401 of this Code, or Section 9-3 | 25 | | of the
Criminal Code of 1961, or
a combination of | 26 | | violations of
similar provisions of local ordinances,
|
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| 1 | | similar out-of-state offenses, or similar offenses | 2 | | committed on a military installation, the person may | 3 | | make application for a restricted driving permit, at a | 4 | | formal hearing conducted under Section 2-118 of this | 5 | | Code, after the expiration of 3 years from the | 6 | | effective date of the most recent revocation, provided | 7 | | the person, in addition to all other requirements of | 8 | | the Secretary, shows by clear and convincing evidence: | 9 | | (i) a minimum 3 years of uninterrupted | 10 | | abstinence from alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds, or any | 12 | | combination thereof; and | 13 | | (ii) the successful completion of all | 14 | | rehabilitative activity recommended by a properly | 15 | | licensed service provider, pursuant to an | 16 | | assessment of the person's alcohol or drug use and | 17 | | mental health. | 18 | | In determining whether an applicant is eligible | 19 | | for a restricted driving permit under this | 20 | | subparagraph (F), the Secretary may consider any | 21 | | relevant evidence, including but not limited to | 22 | | testimony, affidavits, records, and the results of | 23 | | regular alcohol or drug tests. | 24 | | A restricted driving permit issued under this | 25 | | subparagraph (F) shall provide that the holder may only | 26 | | operate vehicles equipped with an interlock ignition |
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| 1 | | device. The Secretary may cancel a restricted driving | 2 | | permit or amend the conditions of a restricted driving | 3 | | permit issued under this subparagraph (F) if the holder | 4 | | operates a vehicle that is not equipped with an | 5 | | interlock ignition device, or for any other reason | 6 | | authorized under this Code. | 7 | | (c-3) In the case of a suspension under paragraph 43 of | 8 | | subsection (a), reports received by the Secretary of State | 9 | | under this Section shall, except during the actual time the | 10 | | suspension is in effect, be privileged information and for use | 11 | | only by the courts, police officers, prosecuting authorities, | 12 | | the driver licensing administrator of any other state, the | 13 | | Secretary of State, or the parent or legal guardian of a driver | 14 | | under the age of 18. However, beginning January 1, 2008, if the | 15 | | person is a CDL holder, the suspension shall also be made | 16 | | available to the driver licensing administrator of any other | 17 | | state, the U.S. Department of Transportation, and the affected | 18 | | driver or motor
carrier or prospective motor carrier upon | 19 | | request.
| 20 | | (c-4) In the case of a suspension under paragraph 43 of | 21 | | subsection (a), the Secretary of State shall notify the person | 22 | | by mail that his or her driving privileges and driver's license | 23 | | will be suspended one month after the date of the mailing of | 24 | | the notice.
| 25 | | (c-5) The Secretary of State may, as a condition of the | 26 | | reissuance of a
driver's license or permit to an applicant |
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| 1 | | whose driver's license or permit has
been suspended before he | 2 | | or she reached the age of 21 years pursuant to any of
the | 3 | | provisions of this Section, require the applicant to | 4 | | participate in a
driver remedial education course and be | 5 | | retested under Section 6-109 of this
Code.
| 6 | | (d) This Section is subject to the provisions of the | 7 | | Drivers License
Compact.
| 8 | | (e) The Secretary of State shall not issue a restricted | 9 | | driving permit to
a person under the age of 16 years whose | 10 | | driving privileges have been suspended
or revoked under any | 11 | | provisions of this Code.
| 12 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 13 | | State may not issue a restricted driving permit for the | 14 | | operation of a commercial motor vehicle to a person holding a | 15 | | CDL whose driving privileges have been suspended, revoked, | 16 | | cancelled, or disqualified under any provisions of this Code. | 17 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 18 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 19 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 20 | | eff. 8-12-11; revised 9-15-11.)
| 21 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 22 | | Sec. 6-208. Period of Suspension - Application After | 23 | | Revocation.
| 24 | | (a) Except as otherwise provided by this Code or any other | 25 | | law of this
State, the Secretary of State shall not suspend a |
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| 1 | | driver's license,
permit, or privilege to drive a motor vehicle | 2 | | on the highways for a
period of more than one year.
| 3 | | (b) Any person whose license, permit, or privilege to drive | 4 | | a motor
vehicle on the highways has been revoked shall not be | 5 | | entitled to have
such license, permit, or privilege renewed or | 6 | | restored. However, such
person may, except as provided under | 7 | | subsections (d) and (d-5) of Section 6-205, make
application | 8 | | for a license pursuant to Section 6-106 (i) if the revocation
| 9 | | was
for a cause that
has been removed or (ii) as provided in | 10 | | the following
subparagraphs:
| 11 | | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | 12 | | and 5,
the person may make application for a license (A) | 13 | | after the expiration of one
year from the effective date of | 14 | | the revocation, (B) in the case of a violation of paragraph | 15 | | (b) of Section 11-401 of this
Code or a similar provision | 16 | | of a local ordinance, after the expiration of 3
years from | 17 | | the effective date of the revocation, or
(C) in the case of | 18 | | a violation
of Section 9-3 of the Criminal Code of 1961 or | 19 | | a similar provision of a law of another state relating to | 20 | | the offense of reckless
homicide or a violation of | 21 | | subparagraph (F) of paragraph 1 of subsection (d) of | 22 | | Section 11-501 of this Code relating to aggravated driving | 23 | | under the influence of alcohol, other drug or drugs, | 24 | | intoxicating compound or compounds, or any combination | 25 | | thereof, if the violation was the proximate cause of a | 26 | | death, after the expiration of 2 years from the effective |
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| 1 | | date of the
revocation
or after the expiration of 24 months | 2 | | from the date of release from
a
period of imprisonment as | 3 | | provided in Section
6-103 of this Code, whichever is later.
| 4 | | 1.5. If the person is convicted of a violation of | 5 | | Section 6-303 of this Code committed while his or her | 6 | | driver's license, permit, or privilege was revoked because | 7 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 8 | | relating to the offense of reckless homicide, or a similar | 9 | | provision of a law of another state, the person may not | 10 | | make application for a license or permit until the | 11 | | expiration of 3 years from the date of the conviction.
| 12 | | 2. If such person is convicted of committing a second | 13 | | violation within a 20-year
period of:
| 14 | | (A) Section 11-501 of this Code or a similar | 15 | | provision of a local
ordinance;
| 16 | | (B) Paragraph (b) of Section 11-401 of this Code or | 17 | | a similar
provision
of a local ordinance;
| 18 | | (C) Section 9-3 of the Criminal Code of 1961, | 19 | | relating
to the
offense of reckless homicide; or
| 20 | | (D) any combination of the above offenses | 21 | | committed at different
instances;
| 22 | | then such person may not make application for a license | 23 | | until after
the expiration of 5 years from the effective | 24 | | date of the most recent
revocation. The 20-year
period | 25 | | shall be computed by using the dates the
offenses were | 26 | | committed and shall also include similar out-of-state
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| 1 | | offenses and similar offenses committed on a military | 2 | | installation.
| 3 | | 2.5. If a person is convicted of a second violation of | 4 | | Section 6-303 of this Code committed while the person's | 5 | | driver's license, permit, or privilege was revoked because | 6 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 7 | | relating to the offense of reckless homicide, or a similar | 8 | | provision of a law of another state, the person may not | 9 | | make application for a license or permit until the | 10 | | expiration of 5 years from the date of release from a term | 11 | | of imprisonment.
| 12 | | 3. However, except as provided in subparagraph 4, if | 13 | | such person is
convicted of committing a third or
| 14 | | subsequent violation or any combination of the above | 15 | | offenses, including
similar out-of-state offenses and | 16 | | similar offenses committed on a military installation, | 17 | | contained in subparagraph 2, then such person
may not make | 18 | | application for a license until after the expiration of 10 | 19 | | years
from the effective date of the most recent | 20 | | revocation.
| 21 | | 4. Except as provided in subparagraph (c)(1.5) of | 22 | | Section 6-205 and subparagraph (c)(3)(F) of Section 6-206 | 23 | | of this Code, the The person may not make application for a | 24 | | license if the person is
convicted of committing a fourth | 25 | | or subsequent
violation of Section 11-501 of this Code or a | 26 | | similar provision of a local
ordinance, Section 11-401 of |
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| 1 | | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | 2 | | combination of these offenses,
similar provisions of local | 3 | | ordinances,
similar out-of-state offenses, or similar | 4 | | offenses committed on a military installation.
| 5 | | 5. The person may not make application for a license or | 6 | | permit if the person is convicted of a third or subsequent | 7 | | violation of Section 6-303 of this Code committed while his | 8 | | or her driver's license, permit, or privilege was revoked | 9 | | because of a violation of Section 9-3 of the Criminal Code | 10 | | of 1961, relating to the offense of reckless homicide, or a | 11 | | similar provision of a law of another state.
| 12 | | Notwithstanding any other provision of this Code, all | 13 | | persons referred to
in this paragraph (b) may not have their | 14 | | privileges restored until the
Secretary receives payment of the | 15 | | required reinstatement fee pursuant to
subsection (b) of | 16 | | Section 6-118.
| 17 | | In no event shall the Secretary issue such license
unless | 18 | | and until such person has had a hearing pursuant to this Code | 19 | | and
the appropriate administrative rules and the Secretary is
| 20 | | satisfied, after a review or investigation of such person, that
| 21 | | to grant the privilege of driving a motor vehicle on the | 22 | | highways will
not endanger the public safety or welfare.
| 23 | | (c) (Blank).
| 24 | | (Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | 25 | | 95-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff. | 26 | | 8-24-09.)
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| 1 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 2 | | Sec. 6-303. Driving while driver's license, permit or | 3 | | privilege to
operate a motor vehicle is suspended or revoked.
| 4 | | (a) Except as otherwise provided in subsection (a-5), any | 5 | | person who drives or is in actual physical control of a motor
| 6 | | vehicle on any highway of this State at a time when such | 7 | | person's driver's
license, permit or privilege to do so or the | 8 | | privilege to obtain a driver's
license or permit is revoked or | 9 | | suspended as provided by this Code or the law
of another state, | 10 | | except as may be specifically allowed by a judicial driving
| 11 | | permit issued prior to January 1, 2009, monitoring device | 12 | | driving permit, family financial responsibility driving | 13 | | permit, probationary
license to drive, or a restricted driving | 14 | | permit issued pursuant to this Code
or under the law of another | 15 | | state, shall be guilty of a Class A misdemeanor.
| 16 | | (a-5) Any person who violates this Section as provided in | 17 | | subsection (a) while his or her driver's license, permit or | 18 | | privilege is revoked because of a violation of Section 9-3 of | 19 | | the Criminal Code of 1961, relating to the offense of reckless | 20 | | homicide or a similar provision of a law of another state, is | 21 | | guilty of a Class 4 felony. The person shall be required to | 22 | | undergo a professional evaluation, as provided in Section | 23 | | 11-501 of this Code, to determine if an alcohol, drug, or | 24 | | intoxicating compound problem exists and the extent of the | 25 | | problem, and to undergo the imposition of treatment as |
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| 1 | | appropriate.
| 2 | | (b) (Blank). | 3 | | (b-1) Upon receiving a report of the conviction of any | 4 | | violation indicating a person was operating a motor vehicle | 5 | | during the time when the person's driver's license, permit or | 6 | | privilege was suspended by the Secretary of State or the | 7 | | driver's licensing administrator of another state, except as | 8 | | specifically allowed by a probationary license, judicial | 9 | | driving permit, restricted driving permit or monitoring device | 10 | | driving permit the Secretary shall extend the suspension for | 11 | | the same period of time as the originally imposed suspension | 12 | | unless the suspension has already expired, in which case the | 13 | | Secretary shall be authorized to suspend the person's driving | 14 | | privileges for the same period of time as the originally | 15 | | imposed suspension. | 16 | | (b-2) Except as provided in subsection (b-6), upon | 17 | | receiving a report of the conviction of any violation | 18 | | indicating a person was operating a motor vehicle when the | 19 | | person's driver's license, permit or privilege was revoked by | 20 | | the Secretary of State or the driver's license administrator of | 21 | | any other state, except as specifically allowed by a restricted | 22 | | driving permit issued pursuant to this Code or the law of | 23 | | another state, the Secretary shall not issue a driver's license | 24 | | for an additional period of one year from the date of such | 25 | | conviction indicating such person was operating a vehicle | 26 | | during such period of revocation. |
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| 1 | | (b-3) (Blank).
| 2 | | (b-4) When the Secretary of State receives a report of a | 3 | | conviction of any violation indicating a person was operating a | 4 | | motor vehicle that was not equipped with an ignition interlock | 5 | | device during a time when the person was prohibited from | 6 | | operating a motor vehicle not equipped with such a device, the | 7 | | Secretary shall not issue a driver's license to that person for | 8 | | an additional period of one year from the date of the | 9 | | conviction.
| 10 | | (b-5) Any person convicted of violating this Section shall | 11 | | serve a minimum
term of imprisonment of 30 consecutive days or | 12 | | 300
hours of community service
when the person's driving | 13 | | privilege was revoked or suspended as a result of a violation | 14 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 15 | | relating to the offense of reckless homicide, or a similar | 16 | | provision of a law of another state.
| 17 | | (b-6) Upon receiving a report of a first conviction of | 18 | | operating a motor vehicle while the person's driver's license, | 19 | | permit or privilege was revoked where the revocation was for a | 20 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 21 | | to the offense of reckless homicide or a similar out-of-state | 22 | | offense, the Secretary shall not issue a driver's license for | 23 | | an additional period of three years from the date of such | 24 | | conviction. | 25 | | (c) Except as provided in subsections (c-3) and (c-4), any | 26 | | person convicted of violating this Section shall serve a |
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| 1 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 2 | | of community service
when the person's driving privilege was | 3 | | revoked or suspended as a result of:
| 4 | | (1) a violation of Section 11-501 of this Code or a | 5 | | similar provision
of a local ordinance relating to the | 6 | | offense of operating or being in physical
control of a | 7 | | vehicle while under the influence of alcohol, any other | 8 | | drug
or any combination thereof; or
| 9 | | (2) a violation of paragraph (b) of Section 11-401 of | 10 | | this Code or a
similar provision of a local ordinance | 11 | | relating to the offense of leaving the
scene of a motor | 12 | | vehicle accident involving personal injury or death; or
| 13 | | (3)
a statutory summary suspension or revocation under | 14 | | Section 11-501.1 of this
Code.
| 15 | | Such sentence of imprisonment or community service shall | 16 | | not be subject
to suspension in order to reduce such sentence.
| 17 | | (c-1) Except as provided in subsections (c-5) and (d), any | 18 | | person convicted of a
second violation of this Section shall be | 19 | | ordered by the court to serve a
minimum
of 100 hours of | 20 | | community service.
| 21 | | (c-2) In addition to other penalties imposed under this | 22 | | Section, the
court may impose on any person convicted a fourth | 23 | | time of violating this
Section any of
the following:
| 24 | | (1) Seizure of the license plates of the person's | 25 | | vehicle.
| 26 | | (2) Immobilization of the person's vehicle for a period |
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| 1 | | of time
to be determined by the court.
| 2 | | (c-3) Any person convicted of a violation of this Section | 3 | | during a period of summary suspension imposed pursuant to | 4 | | Section 11-501.1 when the person was eligible for a MDDP shall | 5 | | be guilty of a Class 4 felony and shall serve a minimum term of | 6 | | imprisonment of 30 days. | 7 | | (c-4) Any person who has been issued a MDDP or a restricted | 8 | | driving permit which requires the person to operate only motor | 9 | | vehicles equipped with ignition interlock devices and who is | 10 | | convicted of a violation of this Section as a result of | 11 | | operating or being in actual physical control of a motor | 12 | | vehicle not equipped with an ignition interlock device at the | 13 | | time of the offense shall be guilty of a Class 4 felony and | 14 | | shall serve a minimum term of imprisonment of 30 days.
| 15 | | (c-5) Any person convicted of a second violation of this
| 16 | | Section is guilty of a Class 2 felony, is not eligible for | 17 | | probation or conditional discharge, and shall serve a mandatory | 18 | | term of
imprisonment, if the
revocation or
suspension was for a | 19 | | violation of Section 9-3 of the Criminal Code of 1961, relating
| 20 | | to the offense of reckless homicide, or a similar out-of-state | 21 | | offense.
| 22 | | (d) Any person convicted of a second violation of this
| 23 | | Section shall be guilty of a Class 4 felony and shall serve a | 24 | | minimum term of
imprisonment of 30 days or 300 hours of | 25 | | community service, as determined by the
court, if the original
| 26 | | revocation or
suspension was for a violation of Section 11-401 |
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| 1 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 2 | | similar provision of a local
ordinance, or a
statutory summary | 3 | | suspension or revocation under Section 11-501.1 of this Code.
| 4 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 5 | | (d-3), any
person convicted of
a third or subsequent violation | 6 | | of this Section shall serve a minimum term of
imprisonment of | 7 | | 30 days or 300 hours of community service, as determined by the
| 8 | | court.
| 9 | | (d-2) Any person convicted of a third violation of this
| 10 | | Section is guilty of a Class 4 felony and must serve a minimum | 11 | | term of
imprisonment of 30 days if the revocation or
suspension | 12 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 13 | | or a similar out-of-state offense, or a similar provision of a | 14 | | local
ordinance, or a
statutory summary suspension or | 15 | | revocation under Section 11-501.1 of this Code.
| 16 | | (d-2.5) Any person convicted of a third violation of this
| 17 | | Section is guilty of a Class 1 felony, is not eligible for | 18 | | probation or conditional discharge, and must serve a mandatory | 19 | | term of
imprisonment if the revocation or
suspension was for a | 20 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 21 | | to the offense of reckless homicide, or a similar out-of-state | 22 | | offense.
The person's driving privileges shall be revoked for | 23 | | the remainder of the person's life. | 24 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 25 | | seventh, eighth, or ninth violation of this
Section is guilty | 26 | | of a Class 4 felony and must serve a minimum term of
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| 1 | | imprisonment of 180 days if the revocation or suspension was | 2 | | for a
violation of Section 11-401 or 11-501 of this Code, or a | 3 | | similar out-of-state
offense, or a similar provision of a local | 4 | | ordinance, or a statutory
summary suspension or revocation | 5 | | under Section 11-501.1 of this Code.
| 6 | | (d-3.5) Any person convicted of a fourth or subsequent | 7 | | violation of this
Section is guilty of a Class 1 felony, is not | 8 | | eligible for probation or conditional discharge, and must serve | 9 | | a mandatory term of
imprisonment, and is eligible for an | 10 | | extended term, if the revocation or suspension was for a
| 11 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 12 | | to the offense of reckless homicide, or a similar out-of-state | 13 | | offense.
| 14 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 15 | | thirteenth, or fourteenth violation of this Section is guilty | 16 | | of a Class 3 felony, and is not eligible for probation or | 17 | | conditional discharge, if the revocation or suspension was for | 18 | | a violation of Section 11-401 or 11-501 of this Code, or a | 19 | | similar out-of-state offense, or a similar provision of a local | 20 | | ordinance, or a statutory summary suspension or revocation | 21 | | under Section 11-501.1 of this Code. | 22 | | (d-5) Any person convicted of a fifteenth or subsequent | 23 | | violation of this Section is guilty of a Class 2 felony, and is | 24 | | not eligible for probation or conditional discharge, if the | 25 | | revocation or suspension was for a violation of Section 11-401 | 26 | | or 11-501 of this Code, or a similar out-of-state offense, or a |
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| 1 | | similar provision of a local ordinance, or a statutory summary | 2 | | suspension or revocation under Section 11-501.1 of this Code.
| 3 | | (e) Any person in violation of this Section who is also in | 4 | | violation of
Section 7-601 of this Code relating to mandatory | 5 | | insurance requirements, in
addition to other penalties imposed | 6 | | under this Section, shall have his or her
motor vehicle | 7 | | immediately impounded by the arresting law enforcement | 8 | | officer.
The motor vehicle may be released to any licensed | 9 | | driver upon a showing of
proof of insurance for the vehicle | 10 | | that was impounded and the notarized written
consent for the | 11 | | release by the vehicle owner.
| 12 | | (f) For any prosecution under this Section, a certified | 13 | | copy of the
driving abstract of the defendant shall be admitted | 14 | | as proof of any prior
conviction.
| 15 | | (g) The motor vehicle used in a violation of this Section | 16 | | is subject
to seizure and forfeiture as provided in Sections | 17 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 18 | | driving privilege was revoked
or suspended as a result of a | 19 | | violation listed in paragraph (1) or (2) of subsection (c) of | 20 | | this Section, as a result of a summary
suspension or revocation | 21 | | as provided in paragraph (3) of subsection (c) of this
Section, | 22 | | or as a result of a violation of Section 9-3 of the Criminal | 23 | | Code of 1961 relating to the offense of reckless homicide.
| 24 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 25 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 26 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
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| 1 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)".
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