Illinois General Assembly - Full Text of SB3452
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Full Text of SB3452  97th General Assembly


Sen. Donne E. Trotter

Filed: 2/27/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3452 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 2-111, 3-400, 3-413, 6-205, 6-206, 11-204.1,
611-1302, 11-1403, 11-1403.2, and 12-208 as follows:
7    (625 ILCS 5/2-111)  (from Ch. 95 1/2, par. 2-111)
8    Sec. 2-111. Seizure or confiscation of documents and
10    (a) The Secretary of State is authorized to take possession
11of any certificate of title, registration card, permit,
12license, registration plate, plates, disability license plate
13or parking decal or device, or registration sticker issued by
14him upon expiration, revocation, cancellation or suspension
15thereof, or which is fictitious, or which has been unlawfully
16or erroneously issued. Police officers who have reasonable



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1grounds to believe that any item or items listed in this
2Section should be seized shall take possession of the items and
3return them or cause them to be returned to request the
4Secretary of State to take possession of such item or items.
5    (b) The Secretary of State is authorized to confiscate any
6suspected fraudulent, fictitious, or altered documents
7submitted by an applicant in support of an application for a
8driver's license or permit.
9(Source: P.A. 93-895, eff. 1-1-05; 94-619, eff. 1-1-06.)
10    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
11    Sec. 3-400. Definition. Notwithstanding the definition set
12forth in Chapter 1 of this Act, for the purposes of this
13Article, the following words shall have the meaning ascribed to
14them as follows:
15    "Apportionable Fee" means any periodic recurring fee
16required for licensing or registering vehicles, such as, but
17not limited to, registration fees, license or weight fees.
18    "Apportionable Vehicle" means any vehicle, except
19recreational vehicles, vehicles displaying restricted plates,
20city pickup and delivery vehicles, buses used in transportation
21of chartered parties, and government owned vehicles that are
22used or intended for use in 2 or more member jurisdictions that
23allocate or proportionally register vehicles, in a fleet which
24is used for the transportation of persons for hire or the
25transportation of property and which has a gross vehicle weight



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1in excess of 26,000 pounds; or has three or more axles
2regardless of weight; or is used in combination when the weight
3of such combination exceeds 26,000 pounds gross vehicle weight.
4Vehicles, or combinations having a gross vehicle weight of
526,000 pounds or less and two-axle vehicles may be
6proportionally registered at the option of such owner.
7    "Base Jurisdiction" means, for purposes of fleet
8registration, the jurisdiction where the registrant has an
9established place of business, where operational records of the
10fleet are maintained and where mileage is accrued by the fleet.
11In case a registrant operates more than one fleet, and
12maintains records for each fleet in different places, the "base
13jurisdiction" for a fleet shall be the jurisdiction where an
14established place of business is maintained, where records of
15the operation of that fleet are maintained and where mileage is
16accrued by that fleet.
17    "Operational Records" means documents supporting miles
18traveled in each jurisdiction and total miles traveled, such as
19fuel reports, trip leases, and logs.
20    Owner. A person who holds legal title of a motor vehicle,
21or in the event a motor vehicle is the subject of an agreement
22for the conditional sale or lease thereof with the right of
23purchase upon performance of the conditions stated in the
24agreement and with an immediate right of possession vested in
25the conditional vendee or lessee with right of purchase, or in
26the event a mortgagor of such motor vehicle is entitled to



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1possession, or in the event a lessee of such motor vehicle is
2entitled to possession or control, then such conditional vendee
3or lessee with right of purchase or mortgagor or lessee is
4considered to be the owner for the purpose of this Act.
5    "Registration plate cover" means any tinted, colored,
6painted, marked, clear, or illuminated object that is designed
7to (i) cover any of the characters of a motor vehicle's
8registration plate; or (ii) distort a recorded image of any of
9the characters of a motor vehicle's registration plate recorded
10by an automated enforcement system as defined in Section
1111-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an
12automated traffic control system as defined in Section 15 of
13the Automated Traffic Control Systems in Highway Construction
14or Maintenance Zones Act.
15    "Rental Owner" means an owner principally engaged, with
16respect to one or more rental fleets, in renting to others or
17offering for rental the vehicles of such fleets, without
19    "Restricted Plates" shall include but are not limited to
20dealer, manufacturer, transporter, farm, repossessor, and
21permanently mounted type plates. Vehicles displaying any of
22these type plates from a foreign jurisdiction that is a member
23of the International Registration Plan shall be granted
24reciprocity but shall be subject to the same limitations as
25similar plated Illinois registered vehicles.
26(Source: P.A. 89-571, eff. 7-26-96; 90-89, eff. 1-1-98.)



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1    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
2    Sec. 3-413. Display of registration plates, registration
3stickers, and drive-away permits; registration plate covers.
4    (a) Registration plates issued for a motor vehicle other
5than a motorcycle, trailer, semitrailer, truck-tractor,
6apportioned bus, or apportioned truck shall be attached
7thereto, one in the front and one in the rear. The registration
8plate issued for a motorcycle, trailer or semitrailer required
9to be registered hereunder and any apportionment plate issued
10to a bus under the provisions of this Code shall be attached to
11the rear thereof. The registration plate issued for a
12truck-tractor or an apportioned truck required to be registered
13hereunder shall be attached to the front thereof.
14    (b) Every registration plate shall at all times be securely
15fastened in a horizontal position to the vehicle for which it
16is issued so as to prevent the plate from swinging and at a
17height of not less than 5 inches from the ground, measuring
18from the bottom of such plate, in a place and position to be
19clearly visible and shall be maintained in a condition to be
20clearly legible, free from any materials that would obstruct
21the visibility of the plate, including, but not limited to,
22glass covers and plastic covers. A registration plate on a
23motorcycle may be mounted vertically as long as it is otherwise
24clearly visible. Registration stickers issued as evidence of
25renewed annual registration shall be attached to registration



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1plates as required by the Secretary of State, and be clearly
2visible at all times.
3    (c) Every drive-away permit issued pursuant to this Code
4shall be firmly attached to the motor vehicle in the manner
5prescribed by the Secretary of State. If a drive-away permit is
6affixed to a motor vehicle in any other manner the permit shall
7be void and of no effect.
8    (d) The Illinois prorate decal issued to a foreign
9registered vehicle part of a fleet prorated or apportioned with
10Illinois, shall be displayed on a registration plate and
11displayed on the front of such vehicle in the same manner as an
12Illinois registration plate.
13    (e) The registration plate issued for a camper body mounted
14on a truck displaying registration plates shall be attached to
15the rear of the camper body.
16    (f) No person shall operate a vehicle, nor permit the
17operation of a vehicle, upon which is displayed an Illinois
18registration plate, plates or registration stickers after the
19termination of the registration period for which issued or
20after the expiration date set pursuant to Sections 3-414 and
213-414.1 of this Code.
22    (g) A person may not operate any motor vehicle that is
23equipped with registration plate covers. A violation of this
24subsection (g) or a similar provision of a local ordinance is
25an offense against laws and ordinances regulating the movement
26of traffic.



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1    (h) A person may not sell or offer for sale a registration
2plate cover. A violation of this subsection (h) is a business
4    (i) A person may not advertise for the purpose of promoting
5the sale of registration plate covers. A violation of this
6subsection (i) is a business offense.
7    (j) A person may not modify the original manufacturer's
8mounting location of the rear registration plate on any vehicle
9so as to conceal the registration or to knowingly cause it to
10be obstructed in an effort to hinder a peace officer from
11obtaining the registration for the enforcement of a violation
12of this Code, Section 27.1 of the Toll Highway Act concerning
13toll evasion, or any municipal ordinance. Modifications
14prohibited by this subsection (j) include but are not limited
15to the use of an electronic device. A violation of this
16subsection (j) is a Class A misdemeanor.
17(Source: P.A. 95-29, eff. 6-1-08; 95-331, eff. 8-21-07.)
18    (625 ILCS 5/6-206)
19    Sec. 6-206. Discretionary authority to suspend or revoke
20license or permit; Right to a hearing.
21    (a) The Secretary of State is authorized to suspend or
22revoke the driving privileges of any person without preliminary
23hearing upon a showing of the person's records or other
24sufficient evidence that the person:
25        1. Has committed an offense for which mandatory



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1    revocation of a driver's license or permit is required upon
2    conviction;
3        2. Has been convicted of not less than 3 offenses
4    against traffic regulations governing the movement of
5    vehicles committed within any 12 month period. No
6    revocation or suspension shall be entered more than 6
7    months after the date of last conviction;
8        3. Has been repeatedly involved as a driver in motor
9    vehicle collisions or has been repeatedly convicted of
10    offenses against laws and ordinances regulating the
11    movement of traffic, to a degree that indicates lack of
12    ability to exercise ordinary and reasonable care in the
13    safe operation of a motor vehicle or disrespect for the
14    traffic laws and the safety of other persons upon the
15    highway;
16        4. Has by the unlawful operation of a motor vehicle
17    caused or contributed to an accident resulting in injury
18    requiring immediate professional treatment in a medical
19    facility or doctor's office to any person, except that any
20    suspension or revocation imposed by the Secretary of State
21    under the provisions of this subsection shall start no
22    later than 6 months after being convicted of violating a
23    law or ordinance regulating the movement of traffic, which
24    violation is related to the accident, or shall start not
25    more than one year after the date of the accident,
26    whichever date occurs later;



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1        5. Has permitted an unlawful or fraudulent use of a
2    driver's license, identification card, or permit;
3        6. Has been lawfully convicted of an offense or
4    offenses in another state, including the authorization
5    contained in Section 6-203.1, which if committed within
6    this State would be grounds for suspension or revocation;
7        7. Has refused or failed to submit to an examination
8    provided for by Section 6-207 or has failed to pass the
9    examination;
10        8. Is ineligible for a driver's license or permit under
11    the provisions of Section 6-103;
12        9. Has made a false statement or knowingly concealed a
13    material fact or has used false information or
14    identification in any application for a license,
15    identification card, or permit;
16        10. Has possessed, displayed, or attempted to
17    fraudulently use any license, identification card, or
18    permit not issued to the person;
19        11. Has operated a motor vehicle upon a highway of this
20    State when the person's driving privilege or privilege to
21    obtain a driver's license or permit was revoked or
22    suspended unless the operation was authorized by a
23    monitoring device driving permit, judicial driving permit
24    issued prior to January 1, 2009, probationary license to
25    drive, or a restricted driving permit issued under this
26    Code;



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1        12. Has submitted to any portion of the application
2    process for another person or has obtained the services of
3    another person to submit to any portion of the application
4    process for the purpose of obtaining a license,
5    identification card, or permit for some other person;
6        13. Has operated a motor vehicle upon a highway of this
7    State when the person's driver's license or permit was
8    invalid under the provisions of Sections 6-107.1 and 6-110;
9        14. Has committed a violation of Section 6-301,
10    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
11    of the Illinois Identification Card Act;
12        15. Has been convicted of violating Section 21-2 of the
13    Criminal Code of 1961 relating to criminal trespass to
14    vehicles in which case, the suspension shall be for one
15    year;
16        16. Has been convicted of violating Section 11-204 of
17    this Code relating to fleeing from a peace officer;
18        17. Has refused to submit to a test, or tests, as
19    required under Section 11-501.1 of this Code and the person
20    has not sought a hearing as provided for in Section
21    11-501.1;
22        18. Has, since issuance of a driver's license or
23    permit, been adjudged to be afflicted with or suffering
24    from any mental disability or disease;
25        19. Has committed a violation of paragraph (a) or (b)
26    of Section 6-101 relating to driving without a driver's



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1    license;
2        20. Has been convicted of violating Section 6-104
3    relating to classification of driver's license;
4        21. Has been convicted of violating Section 11-402 of
5    this Code relating to leaving the scene of an accident
6    resulting in damage to a vehicle in excess of $1,000, in
7    which case the suspension shall be for one year;
8        22. Has used a motor vehicle in violating paragraph
9    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
10    the Criminal Code of 1961 relating to unlawful use of
11    weapons, in which case the suspension shall be for one
12    year;
13        23. Has, as a driver, been convicted of committing a
14    violation of paragraph (a) of Section 11-502 of this Code
15    for a second or subsequent time within one year of a
16    similar violation;
17        24. Has been convicted by a court-martial or punished
18    by non-judicial punishment by military authorities of the
19    United States at a military installation in Illinois of or
20    for a traffic related offense that is the same as or
21    similar to an offense specified under Section 6-205 or
22    6-206 of this Code;
23        25. Has permitted any form of identification to be used
24    by another in the application process in order to obtain or
25    attempt to obtain a license, identification card, or
26    permit;



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1        26. Has altered or attempted to alter a license or has
2    possessed an altered license, identification card, or
3    permit;
4        27. Has violated Section 6-16 of the Liquor Control Act
5    of 1934;
6        28. Has been convicted of the illegal possession, while
7    operating or in actual physical control, as a driver, of a
8    motor vehicle, of any controlled substance prohibited
9    under the Illinois Controlled Substances Act, any cannabis
10    prohibited under the Cannabis Control Act, or any
11    methamphetamine prohibited under the Methamphetamine
12    Control and Community Protection Act, in which case the
13    person's driving privileges shall be suspended for one
14    year, and any driver who is convicted of a second or
15    subsequent offense, within 5 years of a previous
16    conviction, for the illegal possession, while operating or
17    in actual physical control, as a driver, of a motor
18    vehicle, of any controlled substance prohibited under the
19    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 shall be suspended for
23    5 years. Any defendant found guilty of this offense while
24    operating a motor vehicle, shall have an entry made in the
25    court record by the presiding judge that this offense did
26    occur while the defendant was operating a motor vehicle and



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1    order the clerk of the court to report the violation to the
2    Secretary of State;
3        29. Has been convicted of the following offenses that
4    were committed while the person was operating or in actual
5    physical control, as a driver, of a motor vehicle: criminal
6    sexual assault, predatory criminal sexual assault of a
7    child, aggravated criminal sexual assault, criminal sexual
8    abuse, aggravated criminal sexual abuse, juvenile pimping,
9    soliciting for a juvenile prostitute, promoting juvenile
10    prostitution as described in subdivision (a)(1), (a)(2),
11    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
12    and the manufacture, sale or delivery of controlled
13    substances or instruments used for illegal drug use or
14    abuse in which case the driver's driving privileges shall
15    be suspended for one year;
16        30. Has been convicted a second or subsequent time for
17    any combination of the offenses named in paragraph 29 of
18    this subsection, in which case the person's driving
19    privileges shall be suspended for 5 years;
20        31. Has refused to submit to a test as required by
21    Section 11-501.6 or has submitted to a test resulting in an
22    alcohol concentration of 0.08 or more or any amount of a
23    drug, substance, or compound resulting from the unlawful
24    use or consumption of cannabis as listed in the Cannabis
25    Control Act, a controlled substance as listed in the
26    Illinois Controlled Substances Act, an intoxicating



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1    compound as listed in the Use of Intoxicating Compounds
2    Act, or methamphetamine as listed in the Methamphetamine
3    Control and Community Protection Act, in which case the
4    penalty shall be as prescribed in Section 6-208.1;
5        32. Has been convicted of Section 24-1.2 of the
6    Criminal Code of 1961 relating to the aggravated discharge
7    of a firearm if the offender was located in a motor vehicle
8    at the time the firearm was discharged, in which case the
9    suspension shall be for 3 years;
10        33. Has as a driver, who was less than 21 years of age
11    on the date of the offense, been convicted a first time of
12    a violation of paragraph (a) of Section 11-502 of this Code
13    or a similar provision of a local ordinance;
14        34. Has committed a violation of Section 11-1301.5 of
15    this Code;
16        35. Has committed a violation of Section 11-1301.6 of
17    this Code;
18        36. Is under the age of 21 years at the time of arrest
19    and has been convicted of not less than 2 offenses against
20    traffic regulations governing the movement of vehicles
21    committed within any 24 month period. No revocation or
22    suspension shall be entered more than 6 months after the
23    date of last conviction;
24        37. Has committed a violation of subsection (c) of
25    Section 11-907 of this Code that resulted in damage to the
26    property of another or the death or injury of another;



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1        38. Has been convicted of a violation of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance;
4        39. Has committed a second or subsequent violation of
5    Section 11-1201 of this Code;
6        40. Has committed a violation of subsection (a-1) of
7    Section 11-908 of this Code;
8        41. Has committed a second or subsequent violation of
9    Section 11-605.1 of this Code, a similar provision of a
10    local ordinance, or a similar violation in any other state
11    within 2 years of the date of the previous violation, in
12    which case the suspension shall be for 90 days;
13        42. Has committed a violation of subsection (a-1) of
14    Section 11-1301.3 of this Code;
15        43. Has received a disposition of court supervision for
16    a violation of subsection (a), (d), or (e) of Section 6-20
17    of the Liquor Control Act of 1934 or a similar provision of
18    a local ordinance, in which case the suspension shall be
19    for a period of 3 months;
20        44. Is under the age of 21 years at the time of arrest
21    and has been convicted of an offense against traffic
22    regulations governing the movement of vehicles after
23    having previously had his or her driving privileges
24    suspended or revoked pursuant to subparagraph 36 of this
25    Section; or
26        45. Has, in connection with or during the course of a



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1    formal hearing conducted under Section 2-118 of this Code:
2    (i) committed perjury; (ii) submitted fraudulent or
3    falsified documents; (iii) submitted documents that have
4    been materially altered; or (iv) submitted, as his or her
5    own, documents that were in fact prepared or composed for
6    another person; or .
7        46. Has committed a violation of subsection (j) of
8    Section 3-413 of this Code.
9    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10and 27 of this subsection, license means any driver's license,
11any traffic ticket issued when the person's driver's license is
12deposited in lieu of bail, a suspension notice issued by the
13Secretary of State, a duplicate or corrected driver's license,
14a probationary driver's license or a temporary driver's
16    (b) If any conviction forming the basis of a suspension or
17revocation authorized under this Section is appealed, the
18Secretary of State may rescind or withhold the entry of the
19order of suspension or revocation, as the case may be, provided
20that a certified copy of a stay order of a court is filed with
21the Secretary of State. If the conviction is affirmed on
22appeal, the date of the conviction shall relate back to the
23time the original judgment of conviction was entered and the 6
24month limitation prescribed shall not apply.
25    (c) 1. Upon suspending or revoking the driver's license or
26permit of any person as authorized in this Section, the



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1Secretary of State shall immediately notify the person in
2writing of the revocation or suspension. The notice to be
3deposited in the United States mail, postage prepaid, to the
4last known address of the person.
5        2. If the Secretary of State suspends the driver's
6    license of a person under subsection 2 of paragraph (a) of
7    this Section, a person's privilege to operate a vehicle as
8    an occupation shall not be suspended, provided an affidavit
9    is properly completed, the appropriate fee received, and a
10    permit issued prior to the effective date of the
11    suspension, unless 5 offenses were committed, at least 2 of
12    which occurred while operating a commercial vehicle in
13    connection with the driver's regular occupation. All other
14    driving privileges shall be suspended by the Secretary of
15    State. Any driver prior to operating a vehicle for
16    occupational purposes only must submit the affidavit on
17    forms to be provided by the Secretary of State setting
18    forth the facts of the person's occupation. The affidavit
19    shall also state the number of offenses committed while
20    operating a vehicle in connection with the driver's regular
21    occupation. The affidavit shall be accompanied by the
22    driver's license. Upon receipt of a properly completed
23    affidavit, the Secretary of State shall issue the driver a
24    permit to operate a vehicle in connection with the driver's
25    regular occupation only. Unless the permit is issued by the
26    Secretary of State prior to the date of suspension, the



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1    privilege to drive any motor vehicle shall be suspended as
2    set forth in the notice that was mailed under this Section.
3    If an affidavit is received subsequent to the effective
4    date of this suspension, a permit may be issued for the
5    remainder of the suspension period.
6        The provisions of this subparagraph shall not apply to
7    any driver required to possess a CDL for the purpose of
8    operating a commercial motor vehicle.
9        Any person who falsely states any fact in the affidavit
10    required herein shall be guilty of perjury under Section
11    6-302 and upon conviction thereof shall have all driving
12    privileges revoked without further rights.
13        3. At the conclusion of a hearing under Section 2-118
14    of this Code, the Secretary of State shall either rescind
15    or continue an order of revocation or shall substitute an
16    order of suspension; or, good cause appearing therefor,
17    rescind, continue, change, or extend the order of
18    suspension. If the Secretary of State does not rescind the
19    order, the Secretary may upon application, to relieve undue
20    hardship (as defined by the rules of the Secretary of
21    State), issue a restricted driving permit granting the
22    privilege of driving a motor vehicle between the
23    petitioner's residence and petitioner's place of
24    employment or within the scope of the petitioner's
25    employment related duties, or to allow the petitioner to
26    transport himself or herself, or a family member of the



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1    petitioner's household to a medical facility, to receive
2    necessary medical care, to allow the petitioner to
3    transport himself or herself to and from alcohol or drug
4    remedial or rehabilitative activity recommended by a
5    licensed service provider, or to allow the petitioner to
6    transport himself or herself or a family member of the
7    petitioner's household to classes, as a student, at an
8    accredited educational institution, or to allow the
9    petitioner to transport children, elderly persons, or
10    disabled persons who do not hold driving privileges and are
11    living in the petitioner's household to and from daycare.
12    The petitioner must demonstrate that no alternative means
13    of transportation is reasonably available and that the
14    petitioner will not endanger the public safety or welfare.
15    Those multiple offenders identified in subdivision (b)4 of
16    Section 6-208 of this Code, however, shall not be eligible
17    for the issuance of a restricted driving permit.
18             (A) If a person's license or permit is revoked or
19        suspended due to 2 or more convictions of violating
20        Section 11-501 of this Code or a similar provision of a
21        local ordinance or a similar out-of-state offense, or
22        Section 9-3 of the Criminal Code of 1961, where the use
23        of alcohol or other drugs is recited as an element of
24        the offense, or a similar out-of-state offense, or a
25        combination of these offenses, arising out of separate
26        occurrences, that person, if issued a restricted



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1        driving permit, may not operate a vehicle unless it has
2        been equipped with an ignition interlock device as
3        defined in Section 1-129.1.
4            (B) If a person's license or permit is revoked or
5        suspended 2 or more times within a 10 year period due
6        to any combination of:
7                (i) a single conviction of violating Section
8            11-501 of this Code or a similar provision of a
9            local ordinance or a similar out-of-state offense
10            or Section 9-3 of the Criminal Code of 1961, where
11            the use of alcohol or other drugs is recited as an
12            element of the offense, or a similar out-of-state
13            offense; or
14                (ii) a statutory summary suspension or
15            revocation under Section 11-501.1; or
16                (iii) a suspension under Section 6-203.1;
17        arising out of separate occurrences; that person, if
18        issued a restricted driving permit, may not operate a
19        vehicle unless it has been equipped with an ignition
20        interlock device as defined in Section 1-129.1.
21            (C) The person issued a permit conditioned upon the
22        use of an ignition interlock device must pay to the
23        Secretary of State DUI Administration Fund an amount
24        not to exceed $30 per month. The Secretary shall
25        establish by rule the amount and the procedures, terms,
26        and conditions relating to these fees.



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1            (D) If the restricted driving permit is issued for
2        employment purposes, then the prohibition against
3        operating a motor vehicle that is not equipped with an
4        ignition interlock device does not apply to the
5        operation of an occupational vehicle owned or leased by
6        that person's employer when used solely for employment
7        purposes.
8            (E) In each case the Secretary may issue a
9        restricted driving permit for a period deemed
10        appropriate, except that all permits shall expire
11        within one year from the date of issuance. The
12        Secretary may not, however, issue a restricted driving
13        permit to any person whose current revocation is the
14        result of a second or subsequent conviction for a
15        violation of Section 11-501 of this Code or a similar
16        provision of a local ordinance or any similar
17        out-of-state offense, or Section 9-3 of the Criminal
18        Code of 1961, where the use of alcohol or other drugs
19        is recited as an element of the offense, or any similar
20        out-of-state offense, or any combination of those
21        offenses, until the expiration of at least one year
22        from the date of the revocation. A restricted driving
23        permit issued under this Section shall be subject to
24        cancellation, revocation, and suspension by the
25        Secretary of State in like manner and for like cause as
26        a driver's license issued under this Code may be



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1        cancelled, revoked, or suspended; except that a
2        conviction upon one or more offenses against laws or
3        ordinances regulating the movement of traffic shall be
4        deemed sufficient cause for the revocation,
5        suspension, or cancellation of a restricted driving
6        permit. The Secretary of State may, as a condition to
7        the issuance of a restricted driving permit, require
8        the applicant to participate in a designated driver
9        remedial or rehabilitative program. The Secretary of
10        State is authorized to cancel a restricted driving
11        permit if the permit holder does not successfully
12        complete the program.
13    (c-3) In the case of a suspension under paragraph 43 of
14subsection (a), reports received by the Secretary of State
15under this Section shall, except during the actual time the
16suspension is in effect, be privileged information and for use
17only by the courts, police officers, prosecuting authorities,
18the driver licensing administrator of any other state, the
19Secretary of State, or the parent or legal guardian of a driver
20under the age of 18. However, beginning January 1, 2008, if the
21person is a CDL holder, the suspension shall also be made
22available to the driver licensing administrator of any other
23state, the U.S. Department of Transportation, and the affected
24driver or motor carrier or prospective motor carrier upon
26    (c-4) In the case of a suspension under paragraph 43 of



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1subsection (a), the Secretary of State shall notify the person
2by mail that his or her driving privileges and driver's license
3will be suspended one month after the date of the mailing of
4the notice.
5    (c-5) The Secretary of State may, as a condition of the
6reissuance of a driver's license or permit to an applicant
7whose driver's license or permit has been suspended before he
8or she reached the age of 21 years pursuant to any of the
9provisions of this Section, require the applicant to
10participate in a driver remedial education course and be
11retested under Section 6-109 of this Code.
12    (d) This Section is subject to the provisions of the
13Drivers License Compact.
14    (e) The Secretary of State shall not issue a restricted
15driving permit to a person under the age of 16 years whose
16driving privileges have been suspended or revoked under any
17provisions of this Code.
18    (f) In accordance with 49 C.F.R. 384, the Secretary of
19State may not issue a restricted driving permit for the
20operation of a commercial motor vehicle to a person holding a
21CDL whose driving privileges have been suspended, revoked,
22cancelled, or disqualified under any provisions of this Code.
23(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2496-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
257-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
26eff. 8-12-11; revised 9-15-11.)



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1    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
2    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
3peace officer.
4    (a) The offense of aggravated fleeing or attempting to
5elude a peace officer is committed by any driver or operator of
6a motor vehicle who flees or attempts to elude a peace officer,
7after being given a visual or audible signal by a peace officer
8in the manner prescribed in subsection (a) of Section 11-204 of
9this Code, and such flight or attempt to elude:
10        (1) is at a rate of speed at least 21 miles per hour
11    over the legal speed limit;
12        (2) causes bodily injury to any individual;
13        (3) causes damage in excess of $300 to property; or
14        (4) involves disobedience of 2 or more official traffic
15    control devices; or .
16        (5) involves the concealing or altering of the
17    vehicle's registration plate.
18    (b) Any person convicted of a first violation of this
19Section shall be guilty of a Class 4 felony. Upon notice of
20such a conviction the Secretary of State shall forthwith revoke
21the driver's license of the person so convicted, as provided in
22Section 6-205 of this Code. Any person convicted of a second or
23subsequent violation of this Section shall be guilty of a Class
243 felony, and upon notice of such a conviction the Secretary of
25State shall forthwith revoke the driver's license of the person



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1convicted, as provided in Section 6-205 of the Code.
2    (c) The motor vehicle used in a violation of this Section
3is subject to seizure and forfeiture as provided in Sections
436-1 and 36-2 of the Criminal Code of 1961.
5(Source: P.A. 96-328, eff. 8-11-09.)
6    (625 ILCS 5/11-1302)  (from Ch. 95 1/2, par. 11-1302)
7    Sec. 11-1302. Officers authorized to remove vehicles. (a)
8Whenever any police officer finds a vehicle in violation of any
9of the provisions of Section 11-1301 such officer is hereby
10authorized to move such vehicle, or require the driver or other
11person in charge of the vehicle to move the same, to a position
12off the roadway.
13    (b) Any police officer is hereby authorized to remove or
14cause to be removed to a place of safety any unattended vehicle
15illegally left standing upon any highway, bridge, causeway, or
16in a tunnel, in such a position or under such circumstances as
17to obstruct the normal movement of traffic.
18    Whenever the Department finds an abandoned or disabled
19vehicle standing upon the paved or main-traveled part of a
20highway, which vehicle is or may be expected to interrupt the
21free flow of traffic on the highway or interfere with the
22maintenance of the highway, the Department is authorized to
23move the vehicle to a position off the paved or improved or
24main-traveled part of the highway.
25    (c) Any police officer is hereby authorized to remove or



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1cause to be removed to the nearest garage or other place of
2safety any vehicle found upon a highway when:
3    1. Report has been made that such vehicle has been stolen
4or taken without the consent of its owner, or
5    2. The person or persons in charge of such vehicle are
6unable to provide for its custody or removal, or
7    3. When the person driving or in control of such vehicle is
8arrested for an alleged offense for which the officer is
9required by law to take the person arrested before a proper
10magistrate without unnecessary delay, or .
11    4. When the registration of the vehicle has been suspended,
12cancelled, or revoked.
13(Source: P.A. 79-1069.)
14    (625 ILCS 5/11-1403)  (from Ch. 95 1/2, par. 11-1403)
15    Sec. 11-1403. Riding on motorcycles. (a) A person operating
16a motorcycle shall ride only upon the permanent and regular
17seat attached thereto, and such operator shall not carry any
18other person nor shall any other person ride on a motorcycle
19unless such motorcycle is designed to carry more than one
20person, in which event a passenger may ride upon the permanent
21and regular seat if designed for 2 persons, or upon another
22seat firmly attached to the motorcycle at the rear or side of
23the operator.
24    (b) A person shall ride upon a motorcycle only while
25sitting astride the seat, facing forward, with one leg on each



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1side of the motorcycle.
2    (c) No person shall operate any motorcycle with handlebar
3grips handlebars higher than the height of the head shoulders
4of the operator when the operator is seated in the normal
5driving position astride that portion of the seat or saddle
6occupied by the operator.
7    (d) The operator of any motorcycle shall keep at least one
8hand on a handlebar grip at all times the motorcycle is in
10(Source: P.A. 84-602.)
11    (625 ILCS 5/11-1403.2)  (from Ch. 95 1/2, par. 11-1403.2)
12    Sec. 11-1403.2. Operating a motorcycle, motor driven
13cycle, or moped on one wheel; aggravated operating a
14motorcycle, motor driven cycle, or moped on one wheel.
15    (a) No person shall operate a motorcycle, motor driven
16cycle, or moped on one wheel.
17    (b) Aggravated operating a motorcycle, motor driven cycle,
18or moped on one wheel. A person commits aggravated operating a
19motorcycle, motor driven cycle, or moped on one wheel when he
20or she violates subsection (a) of this Section while committing
21a violation of subsection (b) of Section 11-601 of this Code. A
22violation of this subsection is a petty offense with a minimum
23fine of $100, except a second conviction of a violation of this
24subsection is a Class B misdemeanor and a third or subsequent
25conviction of a violation of this subsection is a Class A



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2(Source: P.A. 96-554, eff. 1-1-10.)
3    (625 ILCS 5/12-208)  (from Ch. 95 1/2, par. 12-208)
4    Sec. 12-208. Signal lamps and signal devices.
5    (a) Every vehicle other than an antique vehicle displaying
6an antique plate or an expanded-use antique vehicle displaying
7expanded-use antique vehicle plates operated in this State
8shall be equipped with a stop lamp or lamps on the rear of the
9vehicle which shall display a red or amber light visible from a
10distance of not less than 500 feet to the rear in normal
11sunlight and which shall be actuated upon application of the
12service (foot) brake, and which may but need not be
13incorporated with other rear lamps. During times when lighted
14lamps are not required, an antique vehicle or an expanded-use
15antique vehicle may be equipped with a stop lamp or lamps on
16the rear of such vehicle of the same type originally installed
17by the manufacturer as original equipment and in working order.
18However, at all other times, except as provided in subsection
19(a-1), such antique vehicle or expanded-use antique vehicle
20must be equipped with stop lamps meeting the requirements of
21Section 12-208 of this Act.
22    (a-1) An antique vehicle or an expanded-use antique
23vehicle, including an antique motorcycle, may display a blue
24light or lights of up to one inch in diameter as part of the
25vehicle's rear stop lamp or lamps.



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1    (b) Every motor vehicle other than an antique vehicle
2displaying an antique plate or an expanded-use antique vehicle
3displaying expanded-use antique vehicle plates shall be
4equipped with an electric turn signal device which shall
5indicate the intention of the driver to turn to the right or to
6the left in the form of flashing lights located at and showing
7to the front and rear of the vehicle on the side of the vehicle
8toward which the turn is to be made. The lamps showing to the
9front shall be mounted on the same level and as widely spaced
10laterally as practicable and, when signaling, shall emit a
11white or amber light, or any shade of light between white and
12amber. The lamps showing to the rear shall be mounted on the
13same level and as widely spaced laterally as practicable and,
14when signaling, shall emit a red or amber light. An antique
15vehicle or expanded-use antique vehicle shall be equipped with
16a turn signal device of the same type originally installed by
17the manufacturer as original equipment and in working order.
18    (c) Every trailer and semitrailer shall be equipped with an
19electric turn signal device which indicates the intention of
20the driver in the power unit to turn to the right or to the left
21in the form of flashing red or amber lights located at the rear
22of the vehicle on the side toward which the turn is to be made
23and mounted on the same level and as widely spaced laterally as
25    (d) Turn signal lamps must be visible from a distance of
26not less than 300 feet in normal sunlight.



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1    (e) Motorcycles and motor-driven cycles need not be
2equipped with electric turn signals. Antique vehicles and
3expanded-use antique vehicles need not be equipped with turn
4signals unless such were installed by the manufacturer as
5original equipment.
6    (f) (Blank).
7    (g) Motorcycles and motor-driven cycles may be equipped
8with a stop lamp or lamps on the rear of the vehicle that
9display a red or amber light, visible from a distance of not
10less than 500 feet to the rear in normal sunlight, that flashes
11and becomes steady only when the brake is actuated.
12(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
13    (625 ILCS 5/12-610.5 rep.)
14    Section 10. The Illinois Vehicle Code is amended by
15repealing Section 12-610.5.".