Full Text of SB3007 102nd General Assembly
SB3007eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-206, 6-401, 6-508.1, 6-514, and 6-524 as | 6 | | follows:
| 7 | | (625 ILCS 5/6-206)
| 8 | | Sec. 6-206. Discretionary authority to suspend or revoke | 9 | | license or
permit; right to a hearing.
| 10 | | (a) The Secretary of State is authorized to suspend or | 11 | | revoke the
driving privileges of any person without | 12 | | preliminary hearing upon a showing
of the person's records or | 13 | | other sufficient evidence that
the person:
| 14 | | 1. Has committed an offense for which mandatory | 15 | | revocation of
a driver's license or permit is required | 16 | | upon conviction;
| 17 | | 2. Has been convicted of not less than 3 offenses | 18 | | against traffic
regulations governing the movement of | 19 | | vehicles committed within any 12-month period. No | 20 | | revocation or suspension shall be entered more than
6 | 21 | | months after the date of last conviction;
| 22 | | 3. Has been repeatedly involved as a driver in motor | 23 | | vehicle
collisions or has been repeatedly convicted of |
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| 1 | | offenses against laws and
ordinances regulating the | 2 | | movement of traffic, to a degree that
indicates lack of | 3 | | ability to exercise ordinary and reasonable care in
the | 4 | | safe operation of a motor vehicle or disrespect for the | 5 | | traffic laws
and the safety of other persons upon the | 6 | | highway;
| 7 | | 4. Has by the unlawful operation of a motor vehicle | 8 | | caused or
contributed to an accident resulting in injury | 9 | | requiring
immediate professional treatment in a medical | 10 | | facility or doctor's office
to any person, except that any | 11 | | suspension or revocation imposed by the
Secretary of State | 12 | | under the provisions of this subsection shall start no
| 13 | | later than 6 months after being convicted of violating a | 14 | | law or
ordinance regulating the movement of traffic, which | 15 | | violation is related
to the accident, or shall start not | 16 | | more than one year
after
the date of the accident, | 17 | | whichever date occurs later;
| 18 | | 5. Has permitted an unlawful or fraudulent use of a | 19 | | driver's
license, identification card, or permit;
| 20 | | 6. Has been lawfully convicted of an offense or | 21 | | offenses in another
state, including the authorization | 22 | | contained in Section 6-203.1, which
if committed within | 23 | | this State would be grounds for suspension or revocation;
| 24 | | 7. Has refused or failed to submit to an examination | 25 | | provided for by
Section 6-207 or has failed to pass the | 26 | | examination;
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| 1 | | 8. Is ineligible for a driver's license or permit | 2 | | under the provisions
of Section 6-103;
| 3 | | 9. Has made a false statement or knowingly concealed a | 4 | | material fact
or has used false information or | 5 | | identification in any application for a
license, | 6 | | identification card, or permit;
| 7 | | 10. Has possessed, displayed, or attempted to | 8 | | fraudulently use any
license, identification card, or | 9 | | permit not issued to the person;
| 10 | | 11. Has operated a motor vehicle upon a highway of | 11 | | this State when
the person's driving privilege or | 12 | | privilege to obtain a driver's license
or permit was | 13 | | revoked or suspended unless the operation was authorized | 14 | | by
a monitoring device driving permit, judicial driving | 15 | | permit issued prior to January 1, 2009, probationary | 16 | | license to drive, or restricted
driving permit issued | 17 | | under this Code;
| 18 | | 12. Has submitted to any portion of the application | 19 | | process for
another person or has obtained the services of | 20 | | another person to submit to
any portion of the application | 21 | | process for the purpose of obtaining a
license, | 22 | | identification card, or permit for some other person;
| 23 | | 13. Has operated a motor vehicle upon a highway of | 24 | | this State when
the person's driver's license or permit | 25 | | was invalid under the provisions of
Sections 6-107.1 and
| 26 | | 6-110;
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| 1 | | 14. Has committed a violation of Section 6-301, | 2 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 3 | | 14B of the Illinois Identification Card
Act or a similar | 4 | | offense in another state if, at the time of the offense, | 5 | | the person held an Illinois driver's license or | 6 | | identification card ;
| 7 | | 15. Has been convicted of violating Section 21-2 of | 8 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 9 | | relating to criminal trespass to vehicles if the person | 10 | | exercised actual physical control over the vehicle during | 11 | | the commission of the offense, in which case the | 12 | | suspension
shall be for one year;
| 13 | | 16. Has been convicted of violating Section 11-204 of | 14 | | this Code relating
to fleeing from a peace officer;
| 15 | | 17. Has refused to submit to a test, or tests, as | 16 | | required under Section
11-501.1 of this Code and the | 17 | | person has not sought a hearing as
provided for in Section | 18 | | 11-501.1;
| 19 | | 18. (Blank);
| 20 | | 19. Has committed a violation of paragraph (a) or (b) | 21 | | of Section 6-101
relating to driving without a driver's | 22 | | license;
| 23 | | 20. Has been convicted of violating Section 6-104 | 24 | | relating to
classification of driver's license;
| 25 | | 21. Has been convicted of violating Section 11-402 of
| 26 | | this Code relating to leaving the scene of an accident |
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| 1 | | resulting in damage
to a vehicle in excess of $1,000, in | 2 | | which case the suspension shall be
for one year;
| 3 | | 22. Has used a motor vehicle in violating paragraph | 4 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 5 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 6 | | relating
to unlawful use of weapons, in which case the | 7 | | suspension shall be for one
year;
| 8 | | 23. Has, as a driver, been convicted of committing a | 9 | | violation of
paragraph (a) of Section 11-502 of this Code | 10 | | for a second or subsequent
time within one year of a | 11 | | similar violation;
| 12 | | 24. Has been convicted by a court-martial or punished | 13 | | by non-judicial
punishment by military authorities of the | 14 | | United States at a military
installation in Illinois or in | 15 | | another state of or for a traffic-related offense that is | 16 | | the
same as or similar to an offense specified under | 17 | | Section 6-205 or 6-206 of
this Code;
| 18 | | 25. Has permitted any form of identification to be | 19 | | used by another in
the application process in order to | 20 | | obtain or attempt to obtain a license,
identification | 21 | | card, or permit;
| 22 | | 26. Has altered or attempted to alter a license or has | 23 | | possessed an
altered license, identification card, or | 24 | | permit;
| 25 | | 27. (Blank);
| 26 | | 28. Has been convicted for a first time of the illegal |
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| 1 | | possession, while operating or
in actual physical control, | 2 | | as a driver, of a motor vehicle, of any
controlled | 3 | | substance prohibited under the Illinois Controlled | 4 | | Substances
Act, any cannabis prohibited under the Cannabis | 5 | | Control
Act, or any methamphetamine prohibited under the | 6 | | Methamphetamine Control and Community Protection Act, in | 7 | | which case the person's driving privileges shall be | 8 | | suspended for
one year.
Any defendant found guilty of this | 9 | | offense while operating a motor vehicle
shall have an | 10 | | entry made in the court record by the presiding judge that
| 11 | | this offense did occur while the defendant was operating a | 12 | | motor vehicle
and order the clerk of the court to report | 13 | | the violation to the Secretary
of State;
| 14 | | 29. Has been convicted of the following offenses that | 15 | | were committed
while the person was operating or in actual | 16 | | physical control, as a driver,
of a motor vehicle: | 17 | | criminal sexual assault,
predatory criminal sexual assault | 18 | | of a child,
aggravated criminal sexual
assault, criminal | 19 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 20 | | pimping, soliciting for a juvenile prostitute, promoting | 21 | | juvenile prostitution as described in subdivision (a)(1), | 22 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 23 | | of 1961 or the Criminal Code of 2012, and the manufacture, | 24 | | sale or
delivery of controlled substances or instruments | 25 | | used for illegal drug use
or abuse in which case the | 26 | | driver's driving privileges shall be suspended
for one |
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| 1 | | year;
| 2 | | 30. Has been convicted a second or subsequent time for | 3 | | any
combination of the offenses named in paragraph 29 of | 4 | | this subsection,
in which case the person's driving | 5 | | privileges shall be suspended for 5
years;
| 6 | | 31. Has refused to submit to a test as
required by | 7 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 8 | | Registration and Safety Act or has submitted to a test | 9 | | resulting in
an alcohol concentration of 0.08 or more or | 10 | | any amount of a drug, substance, or
compound resulting | 11 | | from the unlawful use or consumption of cannabis as listed
| 12 | | in the Cannabis Control Act, a controlled substance as | 13 | | listed in the Illinois
Controlled Substances Act, an | 14 | | intoxicating compound as listed in the Use of
Intoxicating | 15 | | Compounds Act, or methamphetamine as listed in the | 16 | | Methamphetamine Control and Community Protection Act, in | 17 | | which case the penalty shall be
as prescribed in Section | 18 | | 6-208.1;
| 19 | | 32. Has been convicted of Section 24-1.2 of the | 20 | | Criminal Code of
1961 or the Criminal Code of 2012 | 21 | | relating to the aggravated discharge of a firearm if the | 22 | | offender was
located in a motor vehicle at the time the | 23 | | firearm was discharged, in which
case the suspension shall | 24 | | be for 3 years;
| 25 | | 33. Has as a driver, who was less than 21 years of age | 26 | | on the date of
the offense, been convicted a first time of |
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| 1 | | a violation of paragraph (a) of
Section 11-502 of this | 2 | | Code or a similar provision of a local ordinance;
| 3 | | 34. Has committed a violation of Section 11-1301.5 of | 4 | | this Code or a similar provision of a local ordinance;
| 5 | | 35. Has committed a violation of Section 11-1301.6 of | 6 | | this Code or a similar provision of a local ordinance;
| 7 | | 36. Is under the age of 21 years at the time of arrest | 8 | | and has been
convicted of not less than 2 offenses against | 9 | | traffic regulations governing
the movement of vehicles | 10 | | committed within any 24-month period. No revocation
or | 11 | | suspension shall be entered more than 6 months after the | 12 | | date of last
conviction;
| 13 | | 37. Has committed a violation of subsection (c) of | 14 | | Section 11-907 of this
Code that resulted in damage to the | 15 | | property of another or the death or injury of another;
| 16 | | 38. Has been convicted of a violation of Section 6-20 | 17 | | of the Liquor
Control Act of 1934 or a similar provision of | 18 | | a local ordinance and the person was an occupant of a motor | 19 | | vehicle at the time of the violation;
| 20 | | 39. Has committed a second or subsequent violation of | 21 | | Section
11-1201 of this Code;
| 22 | | 40. Has committed a violation of subsection (a-1) of | 23 | | Section 11-908 of
this Code; | 24 | | 41. Has committed a second or subsequent violation of | 25 | | Section 11-605.1 of this Code, a similar provision of a | 26 | | local ordinance, or a similar violation in any other state |
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| 1 | | within 2 years of the date of the previous violation, in | 2 | | which case the suspension shall be for 90 days; | 3 | | 42. Has committed a violation of subsection (a-1) of | 4 | | Section 11-1301.3 of this Code or a similar provision of a | 5 | | local ordinance;
| 6 | | 43. Has received a disposition of court supervision | 7 | | for a violation of subsection (a), (d), or (e) of Section | 8 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 9 | | provision of a local ordinance and the person was an | 10 | | occupant of a motor vehicle at the time of the violation, | 11 | | in which case the suspension shall be for a period of 3 | 12 | | months;
| 13 | | 44.
Is under the age of 21 years at the time of arrest | 14 | | and has been convicted of an offense against traffic | 15 | | regulations governing the movement of vehicles after | 16 | | having previously had his or her driving privileges
| 17 | | suspended or revoked pursuant to subparagraph 36 of this | 18 | | Section; | 19 | | 45.
Has, in connection with or during the course of a | 20 | | formal hearing conducted under Section 2-118 of this Code: | 21 | | (i) committed perjury; (ii) submitted fraudulent or | 22 | | falsified documents; (iii) submitted documents that have | 23 | | been materially altered; or (iv) submitted, as his or her | 24 | | own, documents that were in fact prepared or composed for | 25 | | another person; | 26 | | 46. Has committed a violation of subsection (j) of |
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| 1 | | Section 3-413 of this Code;
| 2 | | 47. Has committed a violation of subsection (a) of | 3 | | Section 11-502.1 of this Code; | 4 | | 48. Has submitted a falsified or altered medical | 5 | | examiner's certificate to the Secretary of State or | 6 | | provided false information to obtain a medical examiner's | 7 | | certificate; | 8 | | 49. Has been convicted of a violation of Section | 9 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 10 | | another, in which case the driving privileges of the | 11 | | person shall be suspended for 12 months; or | 12 | | 50. Has committed a violation of subsection (b-5) of | 13 | | Section 12-610.2 that resulted in great bodily harm, | 14 | | permanent disability, or disfigurement, in which case the | 15 | | driving privileges of the person shall be suspended for 12 | 16 | | months ; .; or 50 | 17 | | 51. Has committed a violation of Section 10-15 Of the | 18 | | Cannabis Regulation and Tax Act or a similar provision of | 19 | | a local ordinance while in a motor vehicle; or | 20 | | 52. Has committed a violation of subsection (b) of | 21 | | Section 10-20 of the Cannabis Regulation and Tax Act or a | 22 | | similar provision of a local ordinance. | 23 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 24 | | and 27 of this
subsection, license means any driver's license, | 25 | | any traffic ticket issued when
the person's driver's license | 26 | | is deposited in lieu of bail, a suspension
notice issued by the |
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| 1 | | Secretary of State, a duplicate or corrected driver's
license, | 2 | | a probationary driver's license, or a temporary driver's | 3 | | license. | 4 | | (b) If any conviction forming the basis of a suspension or
| 5 | | revocation authorized under this Section is appealed, the
| 6 | | Secretary of State may rescind or withhold the entry of the | 7 | | order of suspension
or revocation, as the case may be, | 8 | | provided that a certified copy of a stay
order of a court is | 9 | | filed with the Secretary of State. If the conviction is
| 10 | | affirmed on appeal, the date of the conviction shall relate | 11 | | back to the time
the original judgment of conviction was | 12 | | entered and the 6-month limitation
prescribed shall not apply.
| 13 | | (c) 1. Upon suspending or revoking the driver's license or | 14 | | permit of
any person as authorized in this Section, the | 15 | | Secretary of State shall
immediately notify the person in | 16 | | writing of the revocation or suspension.
The notice to be | 17 | | deposited in the United States mail, postage prepaid,
to the | 18 | | last known address of the person.
| 19 | | 2. If the Secretary of State suspends the driver's license
| 20 | | of a person under subsection 2 of paragraph (a) of this | 21 | | Section, a
person's privilege to operate a vehicle as an | 22 | | occupation shall not be
suspended, provided an affidavit is | 23 | | properly completed, the appropriate fee
received, and a permit | 24 | | issued prior to the effective date of the
suspension, unless 5 | 25 | | offenses were committed, at least 2 of which occurred
while | 26 | | operating a commercial vehicle in connection with the driver's
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| 1 | | regular occupation. All other driving privileges shall be | 2 | | suspended by the
Secretary of State. Any driver prior to | 3 | | operating a vehicle for
occupational purposes only must submit | 4 | | the affidavit on forms to be
provided by the Secretary of State | 5 | | setting forth the facts of the person's
occupation. The | 6 | | affidavit shall also state the number of offenses
committed | 7 | | while operating a vehicle in connection with the driver's | 8 | | regular
occupation. The affidavit shall be accompanied by the | 9 | | driver's license.
Upon receipt of a properly completed | 10 | | affidavit, the Secretary of State
shall issue the driver a | 11 | | permit to operate a vehicle in connection with the
driver's | 12 | | regular occupation only. Unless the permit is issued by the
| 13 | | Secretary of State prior to the date of suspension, the | 14 | | privilege to drive
any motor vehicle shall be suspended as set | 15 | | forth in the notice that was
mailed under this Section. If an | 16 | | affidavit is received subsequent to the
effective date of this | 17 | | suspension, a permit may be issued for the remainder
of the | 18 | | suspension period.
| 19 | | The provisions of this subparagraph shall not apply to any | 20 | | driver
required to possess a CDL for the purpose of operating a | 21 | | commercial motor vehicle.
| 22 | | Any person who falsely states any fact in the affidavit | 23 | | required
herein shall be guilty of perjury under Section 6-302 | 24 | | and upon conviction
thereof shall have all driving privileges | 25 | | revoked without further rights.
| 26 | | 3. At the conclusion of a hearing under Section 2-118 of |
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| 1 | | this Code,
the Secretary of State shall either rescind or | 2 | | continue an order of
revocation or shall substitute an order | 3 | | of suspension; or, good
cause appearing therefor, rescind, | 4 | | continue, change, or extend the
order of suspension. If the | 5 | | Secretary of State does not rescind the order,
the Secretary | 6 | | may upon application,
to relieve undue hardship (as defined by | 7 | | the rules of the Secretary of State), issue
a restricted | 8 | | driving permit granting the privilege of driving a motor
| 9 | | vehicle between the petitioner's residence and petitioner's | 10 | | place of
employment or within the scope of the petitioner's | 11 | | employment-related duties, or to
allow the petitioner to | 12 | | transport himself or herself, or a family member of the
| 13 | | petitioner's household to a medical facility, to receive | 14 | | necessary medical care, to allow the petitioner to transport | 15 | | himself or herself to and from alcohol or drug
remedial or | 16 | | rehabilitative activity recommended by a licensed service | 17 | | provider, or to allow the petitioner to transport himself or | 18 | | herself or a family member of the petitioner's household to | 19 | | classes, as a student, at an accredited educational | 20 | | institution, or to allow the petitioner to transport children, | 21 | | elderly persons, or persons with disabilities who do not hold | 22 | | driving privileges and are living in the petitioner's | 23 | | household to and from daycare. The
petitioner must demonstrate | 24 | | that no alternative means of
transportation is reasonably | 25 | | available and that the petitioner will not endanger
the public | 26 | | safety or welfare.
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| 1 | | (A) If a person's license or permit is revoked or | 2 | | suspended due to 2
or more convictions of violating | 3 | | Section 11-501 of this Code or a similar
provision of a | 4 | | local ordinance or a similar out-of-state offense, or | 5 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012, where the use of alcohol or other drugs is | 7 | | recited as an element of the offense, or a similar | 8 | | out-of-state offense, or a combination of these offenses, | 9 | | arising out
of separate occurrences, that person, if | 10 | | issued a restricted driving permit,
may not operate a | 11 | | vehicle unless it has been equipped with an ignition
| 12 | | interlock device as defined in Section 1-129.1.
| 13 | | (B) If a person's license or permit is revoked or | 14 | | suspended 2 or more
times due to any combination of: | 15 | | (i) a single conviction of violating Section
| 16 | | 11-501 of this Code or a similar provision of a local | 17 | | ordinance or a similar
out-of-state offense or Section | 18 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 19 | | of 2012, where the use of alcohol or other drugs is | 20 | | recited as an element of the offense, or a similar | 21 | | out-of-state offense; or | 22 | | (ii) a statutory summary suspension or revocation | 23 | | 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 | | (B-5) If a person's license or permit is revoked or | 4 | | suspended due to a conviction for a violation of | 5 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 6 | | of Section 11-501 of this Code, or a similar provision of a | 7 | | local ordinance or similar out-of-state offense, that | 8 | | person, if issued a restricted driving permit, may not | 9 | | operate a vehicle unless it has been equipped with an | 10 | | ignition interlock device as defined in Section 1-129.1. | 11 | | (C)
The person issued a permit conditioned upon the | 12 | | use of an ignition interlock device must pay to the | 13 | | Secretary of State DUI Administration Fund an amount
not | 14 | | to exceed $30 per month. The Secretary shall establish by | 15 | | rule the amount
and the procedures, terms, and conditions | 16 | | relating to these fees. | 17 | | (D) If the
restricted driving permit is issued for | 18 | | employment purposes, then the prohibition against | 19 | | operating a motor vehicle that is not equipped with an | 20 | | ignition interlock device does not apply to the operation | 21 | | of an occupational vehicle owned or
leased by that | 22 | | person's employer when used solely for employment | 23 | | purposes. For any person who, within a 5-year period, is | 24 | | convicted of a second or subsequent offense under Section | 25 | | 11-501 of this Code, or a similar provision of a local | 26 | | ordinance or similar out-of-state offense, this employment |
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| 1 | | exemption does not apply until either a one-year period | 2 | | has elapsed during which that person had his or her | 3 | | driving privileges revoked or a one-year period has | 4 | | elapsed during which that person had a restricted driving | 5 | | permit which required the use of an ignition interlock | 6 | | device on every motor vehicle owned or operated by that | 7 | | person. | 8 | | (E) In each case the Secretary may issue a
restricted | 9 | | driving permit for a period deemed appropriate, except | 10 | | that all
permits shall expire no later than 2 years from | 11 | | the date of issuance. A
restricted driving permit issued | 12 | | under this Section shall be subject to
cancellation, | 13 | | revocation, and suspension by the Secretary of State in | 14 | | like
manner and for like cause as a driver's license | 15 | | issued under this Code may be
cancelled, revoked, or | 16 | | suspended; except that a conviction upon one or more
| 17 | | offenses against laws or ordinances regulating the | 18 | | movement of traffic
shall be deemed sufficient cause for | 19 | | the revocation, suspension, or
cancellation of a | 20 | | restricted driving permit. The Secretary of State may, as
| 21 | | a condition to the issuance of a restricted driving | 22 | | permit, require the
applicant to participate in a | 23 | | designated driver remedial or rehabilitative
program. The | 24 | | Secretary of State is authorized to cancel a restricted
| 25 | | driving permit if the permit holder does not successfully | 26 | | complete the program.
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| 1 | | (F) A person subject to the provisions of paragraph 4 | 2 | | of subsection (b) of Section 6-208 of this Code may make | 3 | | application for a restricted driving permit at a hearing | 4 | | conducted under Section 2-118 of this Code after the | 5 | | expiration of 5 years from the effective date of the most | 6 | | recent revocation or after 5 years from the date of | 7 | | release from a period of imprisonment resulting from a | 8 | | conviction of the most recent offense, whichever is later, | 9 | | provided the person, in addition to all other requirements | 10 | | of the Secretary, shows by clear and convincing evidence: | 11 | | (i) a minimum of 3 years of uninterrupted | 12 | | abstinence from alcohol and the unlawful use or | 13 | | consumption of cannabis under the Cannabis Control | 14 | | Act, a controlled substance under the Illinois | 15 | | Controlled Substances Act, an intoxicating compound | 16 | | under the Use of Intoxicating Compounds Act, or | 17 | | methamphetamine under the Methamphetamine Control and | 18 | | Community Protection Act; and | 19 | | (ii) the successful completion of any | 20 | | rehabilitative treatment and involvement in any | 21 | | ongoing rehabilitative activity that may be | 22 | | recommended by a properly licensed service provider | 23 | | according to an assessment of the person's alcohol or | 24 | | drug use under Section 11-501.01 of this Code. | 25 | | In determining whether an applicant is eligible for a | 26 | | restricted driving permit under this subparagraph (F), the |
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| 1 | | Secretary may consider any relevant evidence, including, | 2 | | but not limited to, testimony, affidavits, records, and | 3 | | the results of regular alcohol or drug tests. Persons | 4 | | subject to the provisions of paragraph 4 of subsection (b) | 5 | | of Section 6-208 of this Code and who have been convicted | 6 | | of more than one violation of paragraph (3), paragraph | 7 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 8 | | of this Code shall not be eligible to apply for a | 9 | | restricted driving permit under this subparagraph (F). | 10 | | A restricted driving permit issued under this | 11 | | subparagraph (F) shall provide that the holder may only | 12 | | operate motor vehicles equipped with an ignition interlock | 13 | | device as required under paragraph (2) of subsection (c) | 14 | | of Section 6-205 of this Code and subparagraph (A) of | 15 | | paragraph 3 of subsection (c) of this Section. The | 16 | | Secretary may revoke a restricted driving permit or amend | 17 | | the conditions of a restricted driving permit issued under | 18 | | this subparagraph (F) if the holder operates a vehicle | 19 | | that is not equipped with an ignition interlock device, or | 20 | | for any other reason authorized under this Code. | 21 | | A restricted driving permit issued under this | 22 | | subparagraph (F) shall be revoked, and the holder barred | 23 | | from applying for or being issued a restricted driving | 24 | | permit in the future, if the holder is convicted of a | 25 | | violation of Section 11-501 of this Code, a similar | 26 | | provision of a local ordinance, or a similar offense in |
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| 1 | | another state. | 2 | | (c-3) In the case of a suspension under paragraph 43 of | 3 | | subsection (a), reports received by the Secretary of State | 4 | | under this Section shall, except during the actual time the | 5 | | suspension is in effect, be privileged information and for use | 6 | | only by the courts, police officers, prosecuting authorities, | 7 | | the driver licensing administrator of any other state, the | 8 | | Secretary of State, or the parent or legal guardian of a driver | 9 | | under the age of 18. However, beginning January 1, 2008, if the | 10 | | person is a CDL holder, the suspension shall also be made | 11 | | available to the driver licensing administrator of any other | 12 | | state, the U.S. Department of Transportation, and the affected | 13 | | driver or motor
carrier or prospective motor carrier upon | 14 | | request.
| 15 | | (c-4) In the case of a suspension under paragraph 43 of | 16 | | subsection (a), the Secretary of State shall notify the person | 17 | | by mail that his or her driving privileges and driver's | 18 | | license will be suspended one month after the date of the | 19 | | mailing of the notice.
| 20 | | (c-5) The Secretary of State may, as a condition of the | 21 | | reissuance of a
driver's license or permit to an applicant | 22 | | whose driver's license or permit has
been suspended before he | 23 | | or she reached the age of 21 years pursuant to any of
the | 24 | | provisions of this Section, require the applicant to | 25 | | participate in a
driver remedial education course and be | 26 | | retested under Section 6-109 of this
Code.
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| 1 | | (d) This Section is subject to the provisions of the | 2 | | Driver License
Compact.
| 3 | | (e) The Secretary of State shall not issue a restricted | 4 | | driving permit to
a person under the age of 16 years whose | 5 | | driving privileges have been suspended
or revoked under any | 6 | | provisions of this Code.
| 7 | | (f) In accordance with 49 CFR C.F.R. 384, the Secretary of | 8 | | State may not issue a restricted driving permit for the | 9 | | operation of a commercial motor vehicle to a person holding a | 10 | | CDL whose driving privileges have been suspended, revoked, | 11 | | cancelled, or disqualified under any provisions of this Code. | 12 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | 13 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | 14 | | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
| 15 | | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| 16 | | Sec. 6-401. Driver training schools-license required. | 17 | | (a) No person, firm,
association, partnership or | 18 | | corporation shall operate a
driver training school or engage | 19 | | in the business of giving instruction for
hire or for a fee in | 20 | | (1) the driving of motor vehicles; or (2) the preparation of
an | 21 | | applicant for examination given by the Secretary of State for | 22 | | a drivers
license or permit, unless a license therefor has | 23 | | been issued by the
Secretary.
No public schools or educational | 24 | | institutions shall contract with entities
engaged in the | 25 | | business of giving instruction for hire or for a fee in the
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| 1 | | driving
of motor vehicles for the preparation of an applicant | 2 | | for examination given
by the Secretary of State for a driver's | 3 | | license or permit, unless a license
therefor has been issued | 4 | | by the Secretary.
| 5 | | This subsection (a) shall not apply to (i) public schools | 6 | | or to educational
institutions in which driving instruction is | 7 | | part of the curriculum, (ii)
employers giving instruction to | 8 | | their employees, or (iii) schools that teach enhanced driving | 9 | | skills to licensed drivers as set forth in Article X of Chapter | 10 | | 6 of this Code , or (iv) driver rehabilitation specialists or | 11 | | programs in which the clients of the rehabilitation | 12 | | specialists or programs have previously held driver's | 13 | | licenses .
| 14 | | (b) Any person, firm, association, partnership, or | 15 | | corporation that violates subsection (a) of this Section shall | 16 | | be guilty of a Class A misdemeanor for a first offense and a | 17 | | Class 4 felony for a second or subsequent offense. | 18 | | (Source: P.A. 100-409, eff. 8-25-17.)
| 19 | | (625 ILCS 5/6-508.1) | 20 | | Sec. 6-508.1. Medical examiner's certificate. | 21 | | (a) It shall be unlawful for any person to drive a CMV in | 22 | | non-excepted interstate commerce unless the person holds a CLP | 23 | | or CDL and is medically certified as physically qualified to | 24 | | do so. | 25 | | (b) No person who has certified to non-excepted interstate |
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| 1 | | driving as provided in Sections 6-507.5 and 6-508 of this Code | 2 | | shall be issued a CLP or CDL unless that person has a current | 3 | | medical examiner's certificate on the CDLIS driver record. | 4 | | (c) (Blank). | 5 | | (d) On and after January 30, 2014, all persons who hold a | 6 | | commercial driver instruction permit or CDL who have certified | 7 | | as non-excepted interstate shall maintain a current medical | 8 | | examiner's certificate on file with the Secretary. On and | 9 | | after July 1, 2014, all persons issued a CLP who have certified | 10 | | as non-excepted interstate shall maintain a current medical | 11 | | examiner's certificate on file with the Secretary. | 12 | | (e) Before June 22, 2025 2021 , the Secretary shall post | 13 | | the following to the CDLIS driver record within 10 calendar | 14 | | days of receipt of a medical examiner's certificate of a | 15 | | driver who has certified as non-excepted interstate: | 16 | | (1) the medical examiner's name; | 17 | | (2) the medical examiner's telephone number; | 18 | | (3) the date of issuance of the medical examiner's | 19 | | certificate; | 20 | | (4) the medical examiner's license number and the | 21 | | state that issued it; | 22 | | (5) the medical certification status; | 23 | | (6) the expiration date of the medical examiner's | 24 | | certificate; | 25 | | (7) the existence of any medical variance on the | 26 | | medical examiner's certificate, including, but not limited |
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| 1 | | to, an exemption, Skills Performance Evaluation | 2 | | certification, issuance and expiration date of the medical | 3 | | variance, or any grandfather provisions; | 4 | | (8) any restrictions noted on the medical examiner's | 5 | | certificate; | 6 | | (9) the date the medical examiner's certificate | 7 | | information was posted to the CDLIS driver record; and | 8 | | (10) the medical examiner's National Registry of | 9 | | Certified Medical Examiners identification number. | 10 | | (e-5) Beginning June 23, 2025 22, 2021 , the Secretary | 11 | | shall post the following to the CDLIS driver record within one | 12 | | business day of electronic receipt from the Federal Motor | 13 | | Carrier Safety Administration of a driver's identification, | 14 | | examination results, restriction information, and medical | 15 | | variance information resulting from an examination performed | 16 | | by a medical examiner on the National Registry of Certified | 17 | | Medical Examiners for any driver who has certified as | 18 | | non-excepted interstate: | 19 | | (1) the medical examiner's name; | 20 | | (2) the medical examiner's telephone number; | 21 | | (3) the date of issuance of the medical examiner's | 22 | | certificate; | 23 | | (4) the medical examiner's license number and the | 24 | | state that issued it; | 25 | | (5) the medical certification status; | 26 | | (6) the expiration date of the medical examiner's |
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| 1 | | certificate; | 2 | | (7) the existence of any medical variance on the | 3 | | medical examiner's certificate, including, but not limited | 4 | | to, an exemption, Skills Performance Evaluation | 5 | | certification, issue and expiration date of a medical | 6 | | variance, or any grandfather provisions; | 7 | | (8) any restrictions noted on the medical examiner's | 8 | | certificate; | 9 | | (9) the date the medical examiner's certificate | 10 | | information was posted to the CDLIS driver record; and | 11 | | (10) the medical examiner's National Registry of | 12 | | Certified Medical Examiners identification number. | 13 | | (f) Within 10 calendar days of the expiration or | 14 | | rescission of the driver's medical examiner's certificate or | 15 | | medical variance or both, the Secretary shall update the | 16 | | medical certification status to "not certified". | 17 | | (g) Within 10 calendar days of receipt of information from | 18 | | the Federal Motor Carrier Safety Administration regarding | 19 | | issuance or renewal of a medical variance, the Secretary shall | 20 | | update the CDLIS driver record to include the medical variance | 21 | | information provided by the Federal Motor Carrier Safety | 22 | | Administration. | 23 | | (g-5) Beginning June 22, 2021, within one business day of | 24 | | electronic receipt of information from the Federal Motor | 25 | | Carrier Safety Administration regarding issuance or renewal of | 26 | | a medical variance, the Secretary shall update the CDLIS |
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| 1 | | driver record to include the medical variance information | 2 | | provided by the Federal Motor Carrier Safety Administration. | 3 | | (h) The Secretary shall notify the driver of his or her | 4 | | non-certified status and that his or her CDL will be canceled | 5 | | unless the driver submits a current medical examiner's | 6 | | certificate or medical variance or changes his or her | 7 | | self-certification to driving only in excepted or intrastate | 8 | | commerce. | 9 | | (i) Within 60 calendar days of a driver's medical | 10 | | certification status becoming non-certified, the Secretary | 11 | | shall cancel the CDL.
| 12 | | (j) As required under the Code of Federal Regulations 49 | 13 | | CFR 390.39, an operator of a covered farm vehicle, as defined | 14 | | under Section 18b-101 of this Code, is exempt from the | 15 | | requirements of this Section. | 16 | | (k) For purposes of ensuring a person is medically fit to | 17 | | drive a commercial motor vehicle, the Secretary may release | 18 | | medical information provided by an applicant or a holder of a | 19 | | CDL or CLP to the Federal Motor Carrier Safety Administration. | 20 | | Medical information includes, but is not limited to, a medical | 21 | | examiner's certificate, a medical report that the Secretary | 22 | | requires to be submitted, statements regarding medical | 23 | | conditions made by an applicant or a holder of a CDL or CLP, or | 24 | | statements made by his or her physician. | 25 | | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
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| 1 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 2 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 3 | | learner's permit (CLP); disqualifications.
| 4 | | (a) A person shall be disqualified from driving a | 5 | | commercial motor
vehicle for a period of not less than 12 | 6 | | months for the first violation of:
| 7 | | (1) Refusing to submit to or failure to complete a | 8 | | test or tests to determine the driver's blood | 9 | | concentration of alcohol, other drug, or both
while | 10 | | driving a commercial motor vehicle or, if the driver is a | 11 | | CLP or CDL holder, while driving a non-CMV; or
| 12 | | (2) Operating a commercial motor vehicle while the | 13 | | alcohol
concentration of the person's blood, breath, other | 14 | | bodily substance, or urine is at least 0.04, or any
amount | 15 | | of a drug, substance, or compound in the person's blood, | 16 | | other bodily substance, or urine
resulting from the | 17 | | unlawful use or consumption of cannabis listed in the
| 18 | | Cannabis Control Act, a controlled substance listed in the | 19 | | Illinois
Controlled Substances Act, or methamphetamine as | 20 | | listed in the Methamphetamine Control and Community | 21 | | Protection Act as indicated by a police officer's sworn | 22 | | report or
other verified evidence; or operating a | 23 | | non-commercial motor vehicle while the alcohol | 24 | | concentration of the person's blood, breath, other bodily | 25 | | substance, or urine was above the legal limit defined in | 26 | | Section 11-501.1 or 11-501.8 or any amount of a drug, |
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| 1 | | substance, or compound in the person's blood, other bodily | 2 | | substance, or urine resulting from the unlawful use or | 3 | | consumption of cannabis listed in the Cannabis Control | 4 | | Act, a controlled substance listed in the Illinois | 5 | | Controlled Substances Act, or methamphetamine as listed in | 6 | | the Methamphetamine Control and Community Protection Act
| 7 | | as indicated by a police officer's sworn report or other | 8 | | verified evidence while holding a CLP or CDL; or
| 9 | | (3) Conviction for a first violation of:
| 10 | | (i) Driving a commercial motor vehicle or, if the | 11 | | driver is a CLP or CDL holder, driving a non-CMV while | 12 | | under the influence of
alcohol, or any other drug, or | 13 | | combination of drugs to a degree which
renders such | 14 | | person incapable of safely driving; or
| 15 | | (ii) Knowingly leaving the scene of an accident | 16 | | while
operating a commercial motor vehicle or, if the | 17 | | driver is a CLP or CDL holder, while driving a non-CMV; | 18 | | or
| 19 | | (iii) Driving a commercial motor vehicle or, if | 20 | | the driver is a CLP or CDL holder, driving a non-CMV | 21 | | while committing any felony; or | 22 | | (iv) Driving a commercial motor vehicle while the | 23 | | person's driving privileges or driver's license or | 24 | | permit is revoked, suspended, or cancelled or the | 25 | | driver is disqualified from operating a commercial | 26 | | motor vehicle; or |
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| 1 | | (v) Causing a fatality through the negligent | 2 | | operation of a commercial motor vehicle, including but | 3 | | not limited to the crimes of motor vehicle | 4 | | manslaughter, homicide by a motor vehicle, and | 5 | | negligent homicide. | 6 | | As used in this subdivision (a)(3)(v), "motor | 7 | | vehicle manslaughter" means the offense of involuntary | 8 | | manslaughter if committed by means of a vehicle; | 9 | | "homicide by a motor vehicle" means the offense of | 10 | | first degree murder or second degree murder, if either | 11 | | offense is committed by means of a vehicle; and | 12 | | "negligent homicide" means reckless homicide under | 13 | | Section 9-3 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012 and aggravated driving under the | 15 | | influence of alcohol, other drug or drugs, | 16 | | intoxicating compound or compounds, or any combination | 17 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 18 | | of this Code.
| 19 | | If any of the above violations or refusals occurred | 20 | | while
transporting hazardous material(s) required to be | 21 | | placarded, the person
shall be disqualified for a period | 22 | | of not less than 3 years; or
| 23 | | (4) (Blank). | 24 | | (b) A person is disqualified for life for a second | 25 | | conviction of any of
the offenses specified in paragraph (a), | 26 | | or any combination of those
offenses, arising from 2 or more |
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| 1 | | separate incidents.
| 2 | | (c) A person is disqualified from driving a commercial | 3 | | motor vehicle for
life if the person either (i) uses a | 4 | | commercial motor vehicle in the commission of any felony
| 5 | | involving the manufacture, distribution, or dispensing of a | 6 | | controlled
substance, or possession with intent to | 7 | | manufacture, distribute or dispense
a controlled substance or | 8 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | 9 | | the commission of a felony involving any of those activities.
| 10 | | (d) The Secretary of State may, when the United States | 11 | | Secretary of
Transportation so authorizes, issue regulations | 12 | | in which a disqualification
for life under paragraph (b) may | 13 | | be reduced to a period of not less than 10
years.
If a | 14 | | reinstated driver is subsequently convicted of another | 15 | | disqualifying
offense, as specified in subsection (a) of this | 16 | | Section, he or she shall be
permanently disqualified for life | 17 | | and shall be ineligible to again apply for a
reduction of the | 18 | | lifetime disqualification.
| 19 | | (e) A person is disqualified from driving a commercial | 20 | | motor vehicle for
a period of not less than 2 months if | 21 | | convicted of 2 serious traffic
violations, committed in a | 22 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 23 | | or any combination thereof, arising from separate
incidents, | 24 | | occurring within a 3-year 3 year period, provided the serious | 25 | | traffic violation committed in a non-CMV would result in the | 26 | | suspension or revocation of the CLP or CDL holder's non-CMV |
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| 1 | | privileges. However, a person will be
disqualified from | 2 | | driving a commercial motor vehicle for a period of not less
| 3 | | than 4 months if convicted of 3 serious traffic violations, | 4 | | committed in a
commercial motor vehicle, non-CMV while holding | 5 | | a CLP or CDL, or any combination thereof, arising from | 6 | | separate incidents, occurring within a 3-year 3
year period, | 7 | | provided the serious traffic violation committed in a non-CMV | 8 | | would result in the suspension or revocation of the CLP or CDL | 9 | | holder's non-CMV privileges. If all the convictions occurred | 10 | | in a non-CMV, the disqualification shall be entered only if | 11 | | the convictions would result in the suspension or revocation | 12 | | of the CLP or CDL holder's non-CMV privileges.
| 13 | | (e-1) (Blank).
| 14 | | (f) Notwithstanding any other provision of this Code, any | 15 | | driver
disqualified from operating a commercial motor vehicle, | 16 | | pursuant to this
UCDLA, shall not be eligible for restoration | 17 | | of commercial driving
privileges during any such period of | 18 | | disqualification.
| 19 | | (g) After suspending, revoking, or cancelling a CLP or | 20 | | CDL, the Secretary of State must update the driver's records | 21 | | to reflect
such action within 10 days. After suspending or | 22 | | revoking the driving privilege
of any person who has been | 23 | | issued a CLP or CDL from another jurisdiction, the Secretary | 24 | | shall originate notification to
such issuing jurisdiction | 25 | | within 10 days.
| 26 | | (h) The "disqualifications" referred to in this Section |
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| 1 | | shall not be
imposed upon any commercial motor vehicle driver, | 2 | | by the Secretary of
State, unless the prohibited action(s) | 3 | | occurred after March 31, 1992.
| 4 | | (i) A person is disqualified from driving a commercial | 5 | | motor vehicle in
accordance with the following:
| 6 | | (1) For 6 months upon a first conviction of paragraph | 7 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 8 | | of this Code.
| 9 | | (2) For 2 years upon a second conviction of paragraph | 10 | | (2) of subsection
(b) or subsection (b-3) or any | 11 | | combination of paragraphs (2) or (3) of subsection (b) or | 12 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 13 | | within a 10-year period if the second conviction is a | 14 | | violation of paragraph (2) of subsection (b) or subsection | 15 | | (b-3).
| 16 | | (3) For 3 years upon a third or subsequent conviction | 17 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 18 | | any combination of paragraphs (2) or (3) of subsection (b) | 19 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 20 | | Code within a 10-year period if the third or subsequent | 21 | | conviction is a violation of paragraph (2) of subsection | 22 | | (b) or subsection (b-3).
| 23 | | (4) For one year upon a first conviction of paragraph | 24 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 25 | | of this Code.
| 26 | | (5) For 3 years upon a second conviction of paragraph |
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| 1 | | (3) of subsection
(b) or subsection (b-5) or any | 2 | | combination of paragraphs (2) or (3) of subsection (b) or | 3 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 4 | | within a 10-year period if the second conviction is a | 5 | | violation of paragraph (3) of subsection (b) or (b-5).
| 6 | | (6) For 5 years upon a third or subsequent conviction | 7 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 8 | | any combination of paragraphs (2) or (3) of subsection (b) | 9 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 10 | | Code within a 10-year period if the third or subsequent | 11 | | conviction is a violation of paragraph (3) of subsection | 12 | | (b) or (b-5).
| 13 | | (j) Disqualification for railroad-highway grade crossing
| 14 | | violation.
| 15 | | (1) General rule. A driver who is convicted of a | 16 | | violation of a federal,
State, or
local law or regulation | 17 | | pertaining to
one of the following 6 offenses at a | 18 | | railroad-highway grade crossing must be
disqualified
from | 19 | | operating a commercial motor vehicle for the period of | 20 | | time specified in
paragraph (2) of this subsection (j) if | 21 | | the offense was committed while
operating a commercial | 22 | | motor vehicle:
| 23 | | (i) For drivers who are not required to always | 24 | | stop, failing to
slow down and check that the tracks | 25 | | are clear of an approaching train or railroad track | 26 | | equipment, as
described in subsection (a-5) of Section |
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| 1 | | 11-1201 of this Code;
| 2 | | (ii) For drivers who are not required to always | 3 | | stop, failing to
stop before reaching the crossing, if | 4 | | the tracks are not clear, as described in
subsection | 5 | | (a) of Section 11-1201 of this Code;
| 6 | | (iii) For drivers who are always required to stop, | 7 | | failing to stop
before driving onto the crossing, as | 8 | | described in Section 11-1202 of this Code;
| 9 | | (iv) For all drivers, failing to have sufficient | 10 | | space to drive
completely through the crossing without | 11 | | stopping, as described in subsection
(b) of Section | 12 | | 11-1425 of this Code;
| 13 | | (v) For all drivers, failing to obey a traffic | 14 | | control device or
the directions of an enforcement | 15 | | official at the crossing, as described in
subdivision | 16 | | (a)2 of Section 11-1201 of this Code;
| 17 | | (vi) For all drivers, failing to negotiate a | 18 | | crossing because of
insufficient undercarriage | 19 | | clearance, as described in subsection (d-1) of
Section | 20 | | 11-1201 of this Code.
| 21 | | (2) Duration of disqualification for railroad-highway | 22 | | grade
crossing violation.
| 23 | | (i) First violation. A driver must be disqualified | 24 | | from operating a
commercial motor vehicle
for not less | 25 | | than 60 days if the driver is convicted of a violation | 26 | | described
in paragraph
(1) of this subsection (j) and, |
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| 1 | | in the three-year period preceding the
conviction, the | 2 | | driver
had no convictions for a violation described in | 3 | | paragraph (1) of this
subsection (j).
| 4 | | (ii) Second violation. A driver must be | 5 | | disqualified from operating a
commercial
motor vehicle
| 6 | | for not less
than 120 days if the driver is convicted
| 7 | | of a violation described in paragraph (1) of this | 8 | | subsection (j) and, in the
three-year
period preceding | 9 | | the conviction, the driver had one other conviction | 10 | | for a
violation
described in paragraph (1) of this | 11 | | subsection (j) that was committed in a
separate
| 12 | | incident.
| 13 | | (iii) Third or subsequent violation. A driver must | 14 | | be disqualified from
operating a
commercial motor | 15 | | vehicle
for not less than one year if the driver is | 16 | | convicted
of a violation described in paragraph (1) of | 17 | | this subsection (j) and, in the
three-year
period | 18 | | preceding the conviction, the driver had 2 or more | 19 | | other convictions for
violations
described in | 20 | | paragraph (1) of this subsection (j) that were | 21 | | committed in
separate incidents.
| 22 | | (k) Upon notification of a disqualification of a driver's | 23 | | commercial motor vehicle privileges imposed by the U.S. | 24 | | Department of Transportation, Federal Motor Carrier Safety | 25 | | Administration, in accordance with 49 CFR C.F.R. 383.52, the | 26 | | Secretary of State shall immediately record to the driving |
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| 1 | | record the notice of disqualification and confirm to the | 2 | | driver the action that has been taken.
| 3 | | (l) A foreign commercial driver is subject to | 4 | | disqualification under this Section. | 5 | | (m) A person shall be disqualified from operating a | 6 | | commercial motor vehicle for life if that individual uses a | 7 | | commercial motor vehicle in the commission of a felony | 8 | | involving an act or practice of severe forms of human | 9 | | trafficking, as defined in 22 U.S.C. 7102(11). | 10 | | (Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of | 11 | | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective | 12 | | date of changes made by P.A. 98-176); 98-722, eff. 7-16-14; | 13 | | 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff. | 14 | | 7-29-16.)
| 15 | | (625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
| 16 | | Sec. 6-524. Penalties.
| 17 | | (a) Every person convicted of violating any
provision of | 18 | | this UCDLA for which another penalty is not provided shall for
| 19 | | a first offense be guilty of a petty offense; and for a second | 20 | | conviction
for any offense committed within 3 years of any | 21 | | previous offense, shall be
guilty of a Class B misdemeanor.
| 22 | | (b) Any person convicted of violating subsection (b) of | 23 | | Section 6-506 of
this Code shall be subject to a civil penalty | 24 | | as set forth in 49 CFR Part 386, Appendix B of not more than | 25 | | $10,000 .
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| 1 | | (c) Any person or employer convicted of violating | 2 | | paragraph (5) of subsection (a) or subsection (b-3) or (b-5) | 3 | | of Section 6-506 shall be subject to a civil penalty as set | 4 | | forth in 49 CFR Part 386, Appendix B of not less than $2,750 | 5 | | nor more than $25,000 . | 6 | | (d) Any person convicted of violating paragraph (2) or (3) | 7 | | of subsection (b) or subsection (b-3) or (b-5) of Section | 8 | | 6-507 shall be subject to a civil penalty as set forth in 49 | 9 | | CFR Part 386, Appendix B of not less than $2,750 nor more than | 10 | | $25,000 for a first conviction and not less than $5,000 nor | 11 | | more than $25,000 for a second conviction .
| 12 | | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10; | 13 | | 96-1080, eff. 7-16-10.)
| 14 | | Section 10. The Probate Act of 1975 is amended by adding | 15 | | Section 11a-25 as follows: | 16 | | (755 ILCS 5/11a-25 new) | 17 | | Sec. 11a-25. Notification; Secretary of State. When a | 18 | | court adjudges a respondent to be a person with a disability | 19 | | and appoints a plenary guardian for that person under this | 20 | | Article pursuant to subsection (c) of Section 11a-12 or enters | 21 | | an order under this Article finding that the respondent should | 22 | | not operate a motor vehicle, the court shall direct the | 23 | | circuit court clerk to notify the Secretary of State's Driver | 24 | | Services Department, in a form and manner prescribed by the |
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| 1 | | Secretary of State, and shall forward a copy of the court order | 2 | | to the Secretary of State's Driver Services Department no | 3 | | later than 7 days after the entry of the order.
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