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90_SB1540
30 ILCS 105/5.480 new
215 ILCS 5/143.2 new
215 ILCS 5/154.7 from Ch. 73, par. 766.7
215 ILCS 5/154.8 from Ch. 73, par. 766.8
215 ILCS 5/155.24 from Ch. 73, par. 767.24
215 ILCS 5/408.5 new
215 ILCS 5/412 from Ch. 73, par. 1024
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
705 ILCS 210/2 from Ch. 13, par. 16
720 ILCS 5/46-6 new
Amends the Illinois Insurance Code, the Illinois Vehicle
Code, the Criminal Code of 1961, the Legal Business
Solicitation Act, and the State Finance Act. Establishes
readability standards for automobile insurance policies.
Provides that the Director of Insurance shall suspend for at
least 30 days the certificate of authority of a company found
to have engaged in improper claims practices. Imposes upon
insurance companies a fee to pay for insurance fraud
prosecutions. Provides for the deposit of the fee into the
Insurance Fraud Prosecutions Fund. Provides that after
appropriation to the Department of Insurance, the Department
shall use the moneys to reimburse counties having more than
100,000 inhabitants for costs of prosecuting insurance fraud.
Authorizes the suspension of driving privileges upon
conviction of a violation insurance fraud laws involving
motor vehicles. Requires notification of professional
licensing authorities when a licensee is convicted of
engaging in insurance fraud. Effective immediately.
LRB9009337JSgc
LRB9009337JSgc
1 AN ACT concerning insurance fraud, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.480 as follows:
6 (30 ILCS 105/5.480 new)
7 Sec. 5.480. The Insurance Fraud Prosecutions Fund.
8 Section 10. The Illinois Insurance Code is amended by
9 changing Sections 154.7, 154.8, 155.24, and 412 and by adding
10 Sections 143.2 and 408.5 as follows:
11 (215 ILCS 5/143.2 new)
12 Sec. 143.2. Readability standards for policies of
13 automobile insurance.
14 (a) The purpose of this Section is to establish minimum
15 readability requirements for policies of automobile insurance
16 to facilitate public understanding of policy terms and
17 coverage. This Section is not intended to increase the risk
18 assumed under policies subject to it. Nor is it intended to
19 impede flexibility and innovation in the development of
20 policy forms or content. It does not authorize the Director
21 to prescribe the standardization of policy forms or content.
22 (b) The Director shall promulgate regulations mandating
23 minimum readability standards for policies of automobile
24 insurance. The Director's regulations shall require that all
25 policies of automobile insurance shall:
26 (1) use simple sentence structure and short
27 sentences;
28 (2) use commonly understood words;
29 (3) avoid technical legal terms whenever possible;
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1 (4) make minimal reference to other sections or
2 provisions of the policy;
3 (5) contain caption headings;
4 (6) be organized in a clear and straight forward
5 manner with exclusions from coverage following
6 immediately after insurance agreements establishing
7 coverage;
8 (7) in the case of all policies of over 3 pages or
9 3,000 words, contain a table of contents; and
10 (8) meet minimum legibility standards.
11 (c) This Section shall apply to riders and endorsements
12 of automobile insurance policies. A rider or endorsement
13 form that changes coverage shall:
14 (1) contain a properly descriptive title;
15 (2) reproduce either the entire paragraph or the
16 provision as changed; and
17 (3) be accompanied by an explanation of the change.
18 (d) A policy of automobile insurance and riders and
19 endorsements of automobile insurance policies delivered or
20 issued for delivery in this State shall comply with the
21 minimum standards prescribed in the Director's regulations.
22 (e) The rules implementing this Section shall specify
23 the dates by which insurers must achieve compliance with the
24 provisions of this Section.
25 (f) For purposes of this Section, a "policy of
26 automobile insurance" has the meaning ascribed to that term
27 in subsection (a) of Section 143.13 of this Code.
28 (215 ILCS 5/154.7) (from Ch. 73, par. 766.7)
29 Sec. 154.7. Statement of Charges.) (1) Whenever the
30 Director finds that any company doing business in this State
31 is engaging in any improper claims practice as defined in
32 Section 154.5, and that a proceeding in respect thereto would
33 be in the public interest, he shall issue and serve upon such
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1 company a statement of the charges in that respect and a
2 notice of hearing thereon pursuant to Article XXIV, which
3 notice shall set a hearing date not less than 10 days from
4 the date of the notice.
5 (2) The failure of a company to appear at a hearing
6 after receipt of a statement of the charges and notice of
7 hearing is considered a waiver of notice and hearing, a
8 stipulation that the charges against the company are true,
9 immediately suspends such company's Certificate of Authority
10 for 30 days, and subjects the company to any other applicable
11 provisions of this Code. The Director must notify the
12 company of any suspension or action taken under this Section.
13 (Source: P.A. 80-926.)
14 (215 ILCS 5/154.8) (from Ch. 73, par. 766.8)
15 Sec. 154.8. Cease and Desist Order; suspension or
16 revocation of certificate; civil penalty; judicial review.)
17 (1) If after a hearing pursuant to Section 154.7 the
18 Director finds that company has engaged in an improper claims
19 practice, he shall order such company to cease and desist
20 from such practices, and, in the exercise of reasonable
21 discretion, may suspend the company's certificate of
22 authority for a period of not less than 30 days and not more
23 than not to exceed 6 months and or impose a civil penalty of
24 not less than $5,000 and not more than up to $250,000, or
25 both. Pursuant to Section 401, the Director shall promulgate
26 reasonable rules and regulations establishing standards for
27 the implementation of this Section.
28 (2) The failure of a company to appear at a hearing
29 after receipt of a statement of the charges and notice of
30 hearing is considered a waiver of the company's right to a
31 hearing and a stipulation that the charges against the
32 company are true. The Director shall immediately order the
33 company to cease and desist from the improper claims
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1 practices specified in the statement of charges, suspend the
2 company's certificate of authority for a period of not less
3 than 30 days and not more than 6 months, and impose a civil
4 penalty of not less than $5,000 and not more than $250,000.
5 (3) If after a hearing pursuant to Section 154.7 or the
6 company's failure to appear at the hearing after receipt of a
7 statement of the charges and notice of hearing, the Director
8 finds that the company has continued to engage in an improper
9 claims practice that resulted in a prior cease and desist
10 order issued under this Section that has become final after
11 the exhaustion or failure to exhaust judicial review, the
12 Director shall revoke the company's certificate of authority.
13 A company whose certificate of authority has been revoked
14 under this Section shall not be entitled to apply to have the
15 certificate restored until the after the expiration of one
16 year from the effective date of the revocation or such longer
17 period if so ordered by the Director in the exercise of his
18 reasonable discretion.
19 (4) The Director must notify the company of any action
20 taken under this Section.
21 (5) Pursuant to Section 401, the Director shall
22 promulgate reasonable rules establishing standards for the
23 implementation of this Section.
24 (6) (2) Any order of the Director pursuant to this
25 Section is subject to judicial review under Section 407 of
26 this Code.
27 (Source: P.A. 86-846.)
28 (215 ILCS 5/155.24) (from Ch. 73, par. 767.24)
29 Sec. 155.24. Motor Vehicle Theft and Motor Insurance
30 Fraud Reporting and Immunity Law.
31 (a) As used in this Section: (1) "authorized
32 governmental agency" means the Illinois Department of State
33 Police, a local governmental police department, a county
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1 sheriff's office, a State's Attorney, a municipal attorney, a
2 United States district attorney, a duly constituted criminal
3 investigative agency of the United States government, the
4 Illinois Department of Insurance, the Illinois Department of
5 Professional Regulation and the office of the Illinois
6 Secretary of State; (2) "relevant" means having a tendency to
7 make the existence of any information that is of consequence
8 to an investigation of motor vehicle theft or insurance fraud
9 investigation or a determination of such issue more probable
10 or less probable than it would be without such information;
11 and (3) information will be "deemed important" if within the
12 sole discretion of the authorized governmental agency such
13 information is requested by that authorized governmental
14 agency.
15 (b) Upon written request to an insurer by an authorized
16 governmental agency, an insurer or agent authorized by an
17 insurer to act on its behalf shall release to the requesting
18 authorized governmental agency any or all relevant
19 information deemed important to the authorized governmental
20 agency which the insurer may possess relating to any specific
21 motor vehicle theft or motor vehicle insurance fraud.
22 Relevant information may include, but is not limited to:
23 (1) Insurance policy information relevant to the
24 motor vehicle theft or motor vehicle insurance fraud
25 under investigation, including any application for such a
26 policy.
27 (2) Policy premium payment records which are
28 available.
29 (3) History of previous claims made by the insured.
30 (4) Information relating to the investigation of
31 the motor vehicle theft or motor vehicle insurance fraud,
32 including statements of any person, proofs of loss and
33 notice of loss.
34 (c) When an insurer knows or reasonably believes to know
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1 the identity of a person whom it has reason to believe
2 committed a criminal or fraudulent act relating to a motor
3 vehicle theft or a motor vehicle insurance claim or has
4 knowledge of such a criminal or fraudulent act which is
5 reasonably believed not to have been reported to an
6 authorized governmental agency, then for the purpose of
7 notification and investigation, the insurer or an agent
8 authorized by an insurer to act on its behalf shall notify an
9 authorized governmental agency of such knowledge or
10 reasonable belief and provide any additional relevant
11 information in accordance with paragraph (b) of this Section.
12 (d) When an insurer provides any of the authorized
13 governmental agencies with notice pursuant to this Section it
14 shall be deemed sufficient notice to all authorized
15 governmental agencies for the purpose of this Act.
16 (e) The authorized governmental agency provided with
17 information pursuant to this Section may release or provide
18 such information to any other authorized governmental agency.
19 (f) Any insurer providing information to an authorized
20 governmental agency pursuant to this Section shall have the
21 right to request and receive relevant information from such
22 authorized governmental agency, and receive within a
23 reasonable time after the completion of the investigation,
24 not to exceed 30 days, the information requested.
25 (g) Any information furnished pursuant to this Section
26 shall be privileged and not a part of any public record.
27 Except as otherwise provided by law, any authorized
28 governmental agency, insurer, or an agent authorized by an
29 insurer to act on its behalf which receives any information
30 furnished pursuant to this Section, shall not release such
31 information to public inspection. Such evidence or
32 information shall not be subject to subpoena duces tecum in a
33 civil or criminal proceeding unless, after reasonable notice
34 to any insurer, agent authorized by an insurer to act on its
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1 behalf and authorized governmental agency which has an
2 interest in such information and a hearing, the court
3 determines that the public interest and any ongoing
4 investigation by the authorized governmental agency, insurer,
5 or any agent authorized by an insurer to act on its behalf
6 will not be jeopardized by obedience to such a subpoena duces
7 tecum.
8 (h) (1) No insurer, or agent authorized by an insurer on
9 its behalf, authorized governmental agency or their
10 respective employees shall be subject to any civil or
11 criminal liability in a cause of action of any kind for
12 releasing or receiving any information pursuant to this
13 Section.
14 (2) No person or entity acting without malice,
15 fraudulent intent, or bad faith shall be subject to civil
16 liability for libel or otherwise for furnishing
17 information related to suspected fraudulent motor vehicle
18 insurance acts to:
19 (i) an authorized governmental agency;
20 (ii) an insurer or employee or agent of an
21 insurer whose responsibilities include the
22 investigation or reporting of suspected fraudulent
23 insurance acts; or
24 (iii) any organization established to detect
25 and prevent fraudulent insurance acts.
26 (3) Nothing herein is intended to or does in any
27 way or manner abrogate or lessen any the common or and
28 statutory law privilege or immunity privileges and
29 immunities of an insurer, agent authorized by an insurer
30 to act on its behalf or authorized governmental agency or
31 any of their respective employees.
32 (Source: P.A. 85-1292.)
33 (215 ILCS 5/408.5 new)
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1 Sec. 408.5. Fee for insurance fraud prosecutions.
2 (a) The Director shall charge and collect an annual
3 insurance fraud prosecutions fee from every domestic,
4 foreign, and alien company authorized to transact insurance
5 business in this State. The annual fee shall be $610. A
6 company shall pay the fee under this Section not later than
7 60 days after the date on which the company is required under
8 this Code to file its annual statement for the preceding
9 calendar year. Failure of a company to make payment as
10 required by this Section shall subject it to the penalty
11 provisions set forth in Section 412 of this Code. The fees
12 collected under this Section shall be paid into the Insurance
13 Fraud Prosecutions Fund, a special fund hereby created in the
14 State treasury, and appropriated to the Department. Upon
15 appropriation of moneys from the Insurance Fraud Prosecutions
16 Fund, the Department shall annually distribute these moneys
17 to counties with a population of more than 100,000 persons as
18 provided in this Section.
19 (b) A county with a population of more than 100,000
20 persons and less than 500,000 persons may apply to the
21 Department for an annual disbursement from the Insurance
22 Fraud Prosecutions Fund to reimburse the county for the
23 expense of employing one local prosecutor whose sole
24 responsibility shall be to investigate and prosecute
25 insurance fraud. A county with a population of more than
26 500,000 persons and less than 1,000,000 persons may apply to
27 the Department for an annual disbursement from the Insurance
28 Fraud Prosecutions Fund to reimburse the county for the
29 expense of employing 2 local prosecutors whose sole
30 responsibility shall be to investigate and prosecute
31 insurance fraud. A county with a population of more than
32 1,000,000 persons may apply to the Department for an annual
33 disbursement from the Insurance Fraud Prosecutions Fund to
34 reimburse the county for the expense of employing 5 local
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1 prosecutors whose sole responsibility shall be to investigate
2 and prosecute insurance fraud.
3 (c) If a county seeks reimbursement under this Section,
4 the amount of the reimbursement shall be calculated by taking
5 the amount of money in the Insurance Fraud Prosecutions Fund
6 multiplied by a fraction, the numerator of which is the
7 number of prosecutors employed by the county under this
8 Section and the denominator of which is the total number of
9 prosecutors employed by all counties under this Section.
10 (d) The Department shall promulgate rules establishing
11 application procedures for counties applying for an annual
12 disbursement under this Section.
13 (215 ILCS 5/412) (from Ch. 73, par. 1024)
14 Sec. 412. Refunds; penalties; collection.
15 (1) Whenever it appears to the satisfaction of the
16 Director that because of some mistake of fact, error in
17 calculation, or erroneous interpretation of a statute of this
18 or any other state, any authorized company has paid to him
19 pursuant to any provision of law, taxes, fees or other
20 charges in excess of the amount legally chargeable against
21 it, during the 6 year period immediately preceding the
22 discovery of such overpayment, he shall have power to refund
23 to such company the amount of the excess or excesses by
24 applying the amount or amounts thereof toward the payment of
25 taxes, fees or other charges already due, or which may
26 thereafter become due from that company until such excess or
27 excesses have been fully refunded, or, at his discretion, to
28 make a cash refund.
29 (2) When any insurance company or any surplus line
30 producer fails to file any tax return required under Sections
31 408.1, 409, 444, 444.1 and 445 of this Code or Section 12 of
32 the Fire Investigation Act on the date prescribed, including
33 any extensions, there shall be added as a penalty $200 or 5%
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1 of the amount of such tax, whichever is greater, for each
2 month or part of a month of failure to file, the entire
3 penalty not to exceed $1,000 or 25% of the tax due, whichever
4 is greater.
5 (3) (a) When any insurance company or any surplus line
6 producer fails to pay the full amount due under the
7 provisions of this Section, Sections 408.1, 408.5, 409, 444,
8 444.1 or 445 of this Code, or Section 12 of the Fire
9 Investigation Act, there shall be added to the amount due as
10 a penalty an amount equal to 5% of the deficiency.
11 (b) If such failure to pay is determined by the Director
12 to be wilful, after a hearing under Sections 402 and 403,
13 there shall be added to the tax as a penalty an amount equal
14 to the greater of 25% of the deficiency or 5% of the amount
15 due and unpaid for each month or part of a month that the
16 deficiency remains unpaid commencing with the date that the
17 amount becomes due. Such amount shall be in lieu of any
18 determined under paragraph (a).
19 (4) Any insurance company or any surplus line producer
20 which fails to pay the full amount due under this Section or
21 Sections 408.1, 408.5, 409, 444, 444.1 or 445 of this Code,
22 or Section 12 of the Fire Investigation Act is liable, in
23 addition to the tax and any penalties, for interest on such
24 deficiency at the rate of 12% per annum, or at such higher
25 adjusted rates as are or may be established under subsection
26 (b) of Section 6621 of the Internal Revenue Code, from the
27 date that payment of any such tax was due, determined without
28 regard to any extensions, to the date of payment of such
29 amount.
30 (5) The Director, through the Attorney General, may
31 institute an action in the name of the People of the State of
32 Illinois, in any court of competent jurisdiction, for the
33 recovery of the amount of such taxes, fees, and penalties
34 due, and prosecute the same to final judgment, and take such
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1 steps as are necessary to collect the same.
2 (6) In the event that the certificate of authority of a
3 foreign or alien company is revoked for any cause or the
4 company withdraws from this State prior to the renewal date
5 of the certificate of authority as provided in Section 114,
6 the company may recover the amount of any such tax paid in
7 advance. Except as provided in this subsection, no revocation
8 or withdrawal excuses payment of or constitutes grounds for
9 the recovery of any taxes or penalties imposed by this Code.
10 (7) When an insurance company or domestic affiliated
11 group fails to pay the full amount of any fee of $100 or more
12 due under Section 408 of this Code, there shall be added to
13 the amount due as a penalty the greater of $50 or an amount
14 equal to 5% of the deficiency for each month or part of a
15 month that the deficiency remains unpaid.
16 (Source: P.A. 87-108.)
17 Section 15. The Illinois Vehicle Code is amended by
18 changing Section 6-206 as follows:
19 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
20 Sec. 6-206. Discretionary authority to suspend or revoke
21 license or permit; Right to a hearing.
22 (a) The Secretary of State is authorized to suspend or
23 revoke the driving privileges of any person without
24 preliminary hearing upon a showing of the person's records or
25 other sufficient evidence that the person:
26 1. Has committed an offense for which mandatory
27 revocation of a driver's license or permit is required
28 upon conviction;
29 2. Has been convicted of not less than 3 offenses
30 against traffic regulations governing the movement of
31 vehicles committed within any 12 month period. No
32 revocation or suspension shall be entered more than 6
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1 months after the date of last conviction;
2 3. Has been repeatedly involved as a driver in
3 motor vehicle collisions or has been repeatedly convicted
4 of offenses against laws and ordinances regulating the
5 movement of traffic, to a degree that indicates lack of
6 ability to exercise ordinary and reasonable care in the
7 safe operation of a motor vehicle or disrespect for the
8 traffic laws and the safety of other persons upon the
9 highway;
10 4. Has by the unlawful operation of a motor vehicle
11 caused or contributed to an accident resulting in death
12 or injury requiring immediate professional treatment in a
13 medical facility or doctor's office to any person, except
14 that any suspension or revocation imposed by the
15 Secretary of State under the provisions of this
16 subsection shall start no later than 6 months after being
17 convicted of violating a law or ordinance regulating the
18 movement of traffic, which violation is related to the
19 accident, or shall start not more than one year after the
20 date of the accident, whichever date occurs later;
21 5. Has permitted an unlawful or fraudulent use of a
22 driver's license, identification card, or permit;
23 6. Has been lawfully convicted of an offense or
24 offenses in another state, including the authorization
25 contained in Section 6-203.1, which if committed within
26 this State would be grounds for suspension or revocation;
27 7. Has refused or failed to submit to an
28 examination provided for by Section 6-207 or has failed
29 to pass the examination;
30 8. Is ineligible for a driver's license or permit
31 under the provisions of Section 6-103;
32 9. Has made a false statement or knowingly
33 concealed a material fact or has used false information
34 or identification in any application for a license,
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1 identification card, or permit;
2 10. Has possessed, displayed, or attempted to
3 fraudulently use any license, identification card, or
4 permit not issued to the person;
5 11. Has operated a motor vehicle upon a highway of
6 this State when the person's driving privilege or
7 privilege to obtain a driver's license or permit was
8 revoked or suspended unless the operation was authorized
9 by a judicial driving permit, probationary license to
10 drive, or a restricted driving permit issued under this
11 Code;
12 12. Has submitted to any portion of the application
13 process for another person or has obtained the services
14 of another person to submit to any portion of the
15 application process for the purpose of obtaining a
16 license, identification card, or permit for some other
17 person;
18 13. Has operated a motor vehicle upon a highway of
19 this State when the person's driver's license or permit
20 was invalid under the provisions of Sections 6-107.1 and
21 6-110;
22 14. Has committed a violation of Section 6-301,
23 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
24 14B of the Illinois Identification Card Act;
25 15. Has been convicted of violating Section 21-2 of
26 the Criminal Code of 1961 relating to criminal trespass
27 to vehicles in which case, the suspension shall be for
28 one year;
29 16. Has been convicted of violating Section 11-204
30 of this Code relating to fleeing from a police officer;
31 17. Has refused to submit to a test, or tests, as
32 required under Section 11-501.1 of this Code and the
33 person has not sought a hearing as provided for in
34 Section 11-501.1;
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1 18. Has, since issuance of a driver's license or
2 permit, been adjudged to be afflicted with or suffering
3 from any mental disability or disease;
4 19. Has committed a violation of paragraph (a) or
5 (b) of Section 6-101 relating to driving without a
6 driver's license;
7 20. Has been convicted of violating Section 6-104
8 relating to classification of driver's license;
9 21. Has been convicted of violating Section 11-402
10 of this Code relating to leaving the scene of an accident
11 resulting in damage to a vehicle in excess of $1,000, in
12 which case the suspension shall be for one year;
13 22. Has used a motor vehicle in violating paragraph
14 (3), (4), (7), or (9) of subsection (a) of Section 24-1
15 of the Criminal Code of 1961 relating to unlawful use of
16 weapons, in which case the suspension shall be for one
17 year;
18 23. Has, as a driver, been convicted of committing
19 a violation of paragraph (a) of Section 11-502 of this
20 Code for a second or subsequent time within one year of a
21 similar violation;
22 24. Has been convicted by a court-martial or
23 punished by non-judicial punishment by military
24 authorities of the United States at a military
25 installation in Illinois of or for a traffic related
26 offense that is the same as or similar to an offense
27 specified under Section 6-205 or 6-206 of this Code;
28 25. Has permitted any form of identification to be
29 used by another in the application process in order to
30 obtain or attempt to obtain a license, identification
31 card, or permit;
32 26. Has altered or attempted to alter a license or
33 has possessed an altered license, identification card, or
34 permit;
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1 27. Has violated Section 6-16 of the Liquor Control
2 Act of 1934;
3 28. Has been convicted of the illegal possession,
4 while operating or in actual physical control, as a
5 driver, of a motor vehicle, of any controlled substance
6 prohibited under the Illinois Controlled Substances Act
7 or any cannabis prohibited under the provisions of the
8 Cannabis Control Act, in which case the person's driving
9 privileges shall be suspended for one year, and any
10 driver who is convicted of a second or subsequent
11 offense, within 5 years of a previous conviction, for the
12 illegal possession, while operating or in actual physical
13 control, as a driver, of a motor vehicle, of any
14 controlled substance prohibited under the provisions of
15 the Illinois Controlled Substances Act or any cannabis
16 prohibited under the Cannabis Control Act shall be
17 suspended for 5 years. Any defendant found guilty of this
18 offense while operating a motor vehicle, shall have an
19 entry made in the court record by the presiding judge
20 that this offense did occur while the defendant was
21 operating a motor vehicle and order the clerk of the
22 court to report the violation to the Secretary of State;
23 29. Has been convicted of the following offenses
24 that were committed while the person was operating or in
25 actual physical control, as a driver, of a motor vehicle:
26 criminal sexual assault, predatory criminal sexual
27 assault of a child, aggravated criminal sexual assault,
28 criminal sexual abuse, aggravated criminal sexual abuse,
29 juvenile pimping, soliciting for a juvenile prostitute
30 and the manufacture, sale or delivery of controlled
31 substances or instruments used for illegal drug use or
32 abuse in which case the driver's driving privileges shall
33 be suspended for one year;
34 30. Has been convicted a second or subsequent time
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1 for any combination of the offenses named in paragraph 29
2 of this subsection, in which case the person's driving
3 privileges shall be suspended for 5 years;
4 31. Has refused to submit to a test as required by
5 Section 11-501.6 or has submitted to a test resulting in
6 an alcohol concentration of 0.08 or more or any amount of
7 a drug, substance, or compound resulting from the
8 unlawful use or consumption of cannabis as listed in the
9 Cannabis Control Act or a controlled substance as listed
10 in the Illinois Controlled Substances Act in which case
11 the penalty shall be as prescribed in Section 6-208.1;
12 32. Has been convicted of Section 24-1.2 of the
13 Criminal Code of 1961 relating to the aggravated
14 discharge of a firearm if the offender was located in a
15 motor vehicle at the time the firearm was discharged, in
16 which case the suspension shall be for 3 years;
17 33. Has as a driver, who was less than 21 years of
18 age on the date of the offense, been convicted a first
19 time of a violation of paragraph (a) of Section 11-502 of
20 this Code or a similar provision of a local ordinance; or
21 34. Has committed a violation of Section 11-1301.5
22 of this Code; or
23 35. Has committed a violation of Section 11-1301.6
24 of this Code;. .
25 36. 34. Is under the age of 21 years at the time of
26 arrest and has been convicted of not less than 2
27 offenses against traffic regulations governing the
28 movement of vehicles committed within any 24 month
29 period. No revocation or suspension shall be entered
30 more than 6 months after the date of last conviction;
31 or.
32 37. Has been convicted of the offense of insurance
33 fraud, aggravated insurance fraud, insurance fraud
34 conspiracy, or organizer of an aggravated insurance fraud
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1 conspiracy, as defined in Article 46 of the Criminal Code
2 of 1961 involving the defendant's use of a motor vehicle.
3 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
4 and 27 of this subsection, license means any driver's
5 license, any traffic ticket issued when the person's driver's
6 license is deposited in lieu of bail, a suspension notice
7 issued by the Secretary of State, a duplicate or corrected
8 driver's license, a probationary driver's license or a
9 temporary driver's license.
10 (b) If any conviction forming the basis of a suspension
11 or revocation authorized under this Section is appealed, the
12 Secretary of State may rescind or withhold the entry of the
13 order of suspension or revocation, as the case may be,
14 provided that a certified copy of a stay order of a court is
15 filed with the Secretary of State. If the conviction is
16 affirmed on appeal, the date of the conviction shall relate
17 back to the time the original judgment of conviction was
18 entered and the 6 month limitation prescribed shall not
19 apply.
20 (c) 1. Upon suspending or revoking the driver's license
21 or permit of any person as authorized in this Section,
22 the Secretary of State shall immediately notify the
23 person in writing of the revocation or suspension. The
24 notice to be deposited in the United States mail, postage
25 prepaid, to the last known address of the person.
26 2. If the Secretary of State suspends the driver's
27 license of a person under subsection 2 of paragraph (a)
28 of this Section, a person's privilege to operate a
29 vehicle as an occupation shall not be suspended, provided
30 an affidavit is properly completed, the appropriate fee
31 received, and a permit issued prior to the effective date
32 of the suspension, unless 5 offenses were committed, at
33 least 2 of which occurred while operating a commercial
34 vehicle in connection with the driver's regular
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1 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
4 submit the affidavit on forms to be provided by the
5 Secretary of State setting forth the facts of the
6 person's occupation. The affidavit shall also state the
7 number of offenses committed while operating a vehicle in
8 connection with the driver's regular occupation. The
9 affidavit shall be accompanied by the driver's license.
10 Upon receipt of a properly completed affidavit, the
11 Secretary of State shall issue the driver a permit to
12 operate a vehicle in connection with the driver's regular
13 occupation only. Unless the permit is issued by the
14 Secretary of State prior to the date of suspension, the
15 privilege to drive any motor vehicle shall be suspended
16 as set forth in the notice that was mailed under this
17 Section. If an affidavit is received subsequent to the
18 effective date of this suspension, a permit may be issued
19 for the remainder of the suspension period.
20 The provisions of this subparagraph shall not apply
21 to any driver required to obtain a commercial driver's
22 license under Section 6-507 during the period of a
23 disqualification of commercial driving privileges under
24 Section 6-514.
25 Any person who falsely states any fact in the
26 affidavit required herein shall be guilty of perjury
27 under Section 6-302 and upon conviction thereof shall
28 have all driving privileges revoked without further
29 rights.
30 3. At the conclusion of a hearing under Section
31 2-118 of this Code, the Secretary of State shall either
32 rescind or continue an order of revocation or shall
33 substitute an order of suspension; or, good cause
34 appearing therefor, rescind, continue, change, or extend
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1 the order of suspension. If the Secretary of State does
2 not rescind the order, the Secretary may upon
3 application, to relieve undue hardship, issue a
4 restricted driving permit granting the privilege of
5 driving a motor vehicle between the petitioner's
6 residence and petitioner's place of employment or within
7 the scope of his employment related duties, or to allow
8 transportation for the petitioner, or a household member
9 of the petitioner's family, to receive necessary medical
10 care and if the professional evaluation indicates,
11 provide transportation for alcohol remedial or
12 rehabilitative activity, or for the petitioner to attend
13 classes, as a student, in an accredited educational
14 institution; if the petitioner is able to demonstrate
15 that no alternative means of transportation is reasonably
16 available and the petitioner will not endanger the public
17 safety or welfare. In each case the Secretary may issue a
18 restricted driving permit for a period deemed
19 appropriate, except that all permits shall expire within
20 one year from the date of issuance. A restricted driving
21 permit issued under this Section shall be subject to
22 cancellation, revocation, and suspension by the Secretary
23 of State in like manner and for like cause as a driver's
24 license issued under this Code may be cancelled, revoked,
25 or suspended; except that a conviction upon one or more
26 offenses against laws or ordinances regulating the
27 movement of traffic shall be deemed sufficient cause for
28 the revocation, suspension, or cancellation of a
29 restricted driving permit. The Secretary of State may, as
30 a condition to the issuance of a restricted driving
31 permit, require the applicant to participate in a
32 designated driver remedial or rehabilitative program. The
33 Secretary of State is authorized to cancel a restricted
34 driving permit if the permit holder does not successfully
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1 complete the program.
2 (c-5) The Secretary of State may, as a condition of the
3 reissuance of a driver's license or permit to an applicant
4 under the age of 18 years whose driver's license or permit
5 has been suspended pursuant to any of the provisions of this
6 Section, require the applicant to participate in a driver
7 remedial education course and be retested under Section 6-109
8 of this Code.
9 (d) This Section is subject to the provisions of the
10 Drivers License Compact.
11 (e) The Secretary of State shall not issue a restricted
12 driving permit to a person under the age of 16 years whose
13 driving privileges have been suspended or revoked under any
14 provisions of this Code.
15 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
16 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
17 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
18 Section 20. The Legal Business Solicitation Act is
19 amended by changing Section 2 as follows:
20 (705 ILCS 210/2) (from Ch. 13, par. 16)
21 Sec. 2. Any person who shall violate Section 1 shall be
22 guilty of a Class A B misdemeanor.
23 (Source: P. A. 77-2310.)
24 Section 25. The Criminal Code of 1961 is amended by
25 adding Section 46-6 as follows:
26 (720 ILCS 5/46-6 new)
27 Sec. 46-6. Notice to licensing body of insurance fraud
28 conviction. Whenever a person licensed by the State of
29 Illinois to engage in a business or profession is convicted
30 of engaging in an act of insurance fraud, aggravated
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1 insurance fraud, insurance fraud conspiracy, or organizer of
2 an aggravated insurance fraud conspiracy, the prosecuting
3 attorney shall provide written notification of the conviction
4 to the appropriate regulatory or disciplinary body.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.