State of Illinois
92nd General Assembly
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[ House Amendment 001 ]


92_HB0598

 
                                              LRB9204650DHmbA

 1        AN ACT concerning driving violations.

 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  6-113,  6-118,  6-203.1,  6-206,  6-208.1,
 6    6-303,  11-500,  and  11-501  and  adding Section 11-501.9 as
 7    follows:

 8        (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
 9        Sec. 6-113.  Restricted licenses  and  permits.  (a)  The
10    Secretary  of  State upon issuing a drivers license or permit
11    shall have the  authority  whenever  good  cause  appears  to
12    impose   restrictions  suitable  to  the  licensee's  driving
13    ability with respect to the type of,  or  special  mechanical
14    control  devices  required  on,  a  motor  vehicle  which the
15    licensee may operate or such other restrictions applicable to
16    the licensee as the Secretary of State may  determine  to  be
17    appropriate  to  assure the safe operation of a motor vehicle
18    by the licensee.
19        (b)  The Secretary of State may either  issue  a  special
20    restricted   license   or   permit  or  may  set  forth  such
21    restrictions upon the usual license or permit form.
22        (c)  The Secretary of  State  may  issue  a  probationary
23    license  to  a  person  whose  driving  privileges  have been
24    suspended pursuant to  subsection  (d)  of  this  Section  or
25    subsections  (a)(2),  (a)(19) and (a)(20) of Section 6-206 of
26    this Code.  The Secretary of  State  shall  promulgate  rules
27    pursuant   to  The  Illinois  Administrative  Procedure  Act,
28    setting forth the conditions and criteria  for  the  issuance
29    and cancellation of probationary licenses.
30        (d)  The   Secretary   of   State   may   upon  receiving
31    satisfactory evidence of any violation of the restrictions of
 
                            -2-               LRB9204650DHmbA
 1    such license or permit suspend, revoke  or  cancel  the  same
 2    without  preliminary  hearing,  but the licensee or permittee
 3    shall be entitled to a hearing as in the case of a suspension
 4    or revocation.
 5        (e)  It is unlawful for any person  to  operate  a  motor
 6    vehicle  in  any  manner  in  violation  of  the restrictions
 7    imposed on a restricted license or permit issued to him.
 8        (f)  Whenever the holder of a restricted  driving  permit
 9    is  issued  a  citation  for  any  of  the following offenses
10    including similar local ordinances,  the  restricted  driving
11    permit is immediately invalidated:
12        1.  Reckless  homicide  resulting from the operation of a
13    motor vehicle;
14        2.  Violation of Section 11-501 of this Act  relating  to
15    the operation of a motor vehicle while under the influence of
16    intoxicating liquor or narcotic drugs;
17        3.  Violation  of  Section 11-401 of this Act relating to
18    the offense of  leaving  the  scene  of  a  traffic  accident
19    involving death or injury; or
20        4.  Violation  of  Section 11-504 of this Act relating to
21    the offense of drag racing;
22        The police officer issuing the citation shall  confiscate
23    the  restricted driving permit and forward it, along with the
24    citation, to the Clerk of the Circuit Court of the county  in
25    which the citation was issued.
26        (g)  Notwithstanding  the  provisions  of Sections 6-208,
27    6-208.1, and 6-208.2, the Secretary of  State  may,  30  days
28    after  the effective date of a suspension pursuant to Section
29    6-208, 6-208.1, or 6-208.2 and in accordance with  any  rules
30    the  Secretary  may  promulgate,  issue  a restricted driving
31    permit to a person who has applied for a restricted  driver's
32    permit  and who has consented to have, at his or her expense,
33    an ignition interlock device installed in his or her vehicle.
34    (Source: P.A. 86-549.)
 
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 1        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
 2        Sec. 6-118.  Fees.
 3        (a)  The fee for licenses and permits under this  Article
 4    is as follows:
 5        Original driver's license.............................$10
 6        Original or renewal driver's license
 7             issued to 18, 19 and 20 year olds..................5
 8        All driver's licenses for persons
 9             age 69 through age 80..............................5
10        All driver's licenses for persons
11             age 81 through age 86..............................2
12        All driver's licenses for persons
13             age 87 or older....................................0
14        Renewal driver's license (except for
15             applicants ages 18, 19 and 20 or
16             age 69 and older).................................10
17        Original instruction permit issued to
18             persons (except those age 69 and older)
19             who do not hold or have not previously
20             held an Illinois instruction permit or
21             driver's license..................................20
22        Instruction permit issued to any person
23             holding an Illinois driver's license
24             who wishes a change in classifications,
25             other than at the time of renewal..................5
26        Any instruction permit issued to a person
27             age 69 and older...................................5
28        Instruction permit issued to any person,
29             under age 69, not currently holding a
30             valid Illinois driver's license or
31             instruction permit but who has
32             previously been issued either document
33             in Illinois.......................................10
34        Restricted driving permit...............................8
 
                            -4-               LRB9204650DHmbA
 1        Duplicate or corrected driver's license
 2             or permit..........................................5
 3        Duplicate or corrected restricted
 4             driving permit.....................................5
 5        Original or renewal M or L endorsement..................5
 6    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
 7             The  fees for commercial driver licenses and permits
 8        under Article V shall be as follows:
 9        Commercial driver's license:
10             $6 for the CDLIS/AAMVAnet Fund
11             (Commercial Driver's License Information
12             System/American Association of Motor Vehicle
13             Administrators network Trust Fund);
14             $20 for the Motor Carrier Safety Inspection Fund;
15             $10 for the driver's license;
16             and $24 for the CDL:.............................$60
17        Renewal commercial driver's license:
18             $6 for the CDLIS/AAMVAnet Trust Fund;
19             $20 for the Motor Carrier Safety Inspection Fund;
20             $10 for the driver's license; and
21             $24 for the CDL:.................................$60
22        Commercial driver instruction permit
23             issued to any person holding a valid
24             Illinois driver's license for the
25             purpose of changing to a
26             CDL classification:  $6 for the
27             CDLIS/AAMVAnet Trust Fund;
28             $20 for the Motor Carrier
29             Safety Inspection Fund; and
30             $24 for the CDL classification...................$50
31        Commercial driver instruction permit
32             issued to any person holding a valid
33             Illinois CDL for the purpose of
34             making a change in a classification,
 
                            -5-               LRB9204650DHmbA
 1             endorsement or restriction........................$5
 2        CDL duplicate or corrected license.....................$5
 3        In order to  ensure  the  proper  implementation  of  the
 4    Uniform  Commercial  Driver  License  Act,  Article V of this
 5    Chapter, the Secretary of State is empowered to pro-rate  the
 6    $24  fee for the commercial driver's license proportionate to
 7    the expiration date  of  the  applicant's  Illinois  driver's
 8    license.
 9        The  fee  for  any  duplicate  license or permit shall be
10    waived for any person  age  60  or  older  who  presents  the
11    Secretary of State's office with a police report showing that
12    his license or permit was stolen.
13        No  additional  fee  shall  be  charged  for  a  driver's
14    license, or for a commercial driver's license, when issued to
15    the   holder   of   an   instruction   permit  for  the  same
16    classification or type of license who  becomes  eligible  for
17    such license.
18        (b)  Any  person  whose license or privilege to operate a
19    motor vehicle in this State has  been  suspended  or  revoked
20    under  any  provision  of  Chapter  6, Chapter 11, or Section
21    7-702 of the Family  Financial  Responsibility  Law  of  this
22    Code,  shall  in  addition to any other fees required by this
23    Code, pay a reinstatement fee as follows:
24        Summary suspension under Section 11-501.1 or 11-501.9.$60
25        Other suspension......................................$30
26        Revocation............................................$60
27        However, any person whose license or privilege to operate
28    a motor vehicle in this State has been suspended  or  revoked
29    for  a  second  or subsequent time for a violation of Section
30    11-501 or 11-501.1 of this Code or a similar provision  of  a
31    local  ordinance,  a  violation  of  or  Section  9-3  of the
32    Criminal Code of 1961, or a failure to submit to  a  chemical
33    test  or tests of blood, breath, or urine pursuant to Section
34    11-501.1 or to a preliminary breath screening test or a field
 
                            -6-               LRB9204650DHmbA
 1    sobriety test or tests pursuant to Section 11-501.9  of  this
 2    Code and each suspension or revocation was for a violation of
 3    Section  11-501  or  11-501.1  of  this  Code  or  a  similar
 4    provision of a local ordinance, a violation of or Section 9-3
 5    of the Criminal Code of 1961, a violation of any out-of-state
 6    offense  similar  to  any  of  the  offenses  listed  in this
 7    subsection (b), or a failure to submit to a chemical test  or
 8    tests of blood, breath, or urine pursuant to Section 11-501.1
 9    or to a preliminary breath screening test or a field sobriety
10    test  or  tests  pursuant to Section 11-501.9 of this Code or
11    similar provisions of an out-of-state jurisdiction shall pay,
12    in addition to any  other  fees  required  by  this  Code,  a
13    reinstatement fee as follows:
14        Summary    suspension    under    Section   11-501.1   or
15                   11-501.9..................................$250
16        Revocation...........................................$250
17        (c)  All fees collected  under  the  provisions  of  this
18    Chapter  6  shall  be  paid  into  the Road Fund in the State
19    Treasury except as follows:
20             1. The following amounts  shall  be  paid  into  the
21        Driver Education Fund:
22                  (A)  $16   of  the  $20  fee  for  an  original
23             driver's instruction permit;
24                  (B)  $5 of the $10 fee for an original driver's
25             license;
26                  (C)  $5 of the $10 fee for  a  4  year  renewal
27             driver's license; and
28                  (D)  $4  of the $8 fee for a restricted driving
29             permit.
30             2. $30 of the $60 fee for reinstatement of a license
31        summarily suspended under Section  11-501.1  or  11-501.9
32        shall  be  deposited  into  the Drunk and Drugged Driving
33        Prevention Fund.  However, for a person whose license  or
34        privilege  to  operate  a motor vehicle in this State has
 
                            -7-               LRB9204650DHmbA
 1        been suspended or revoked for a second or subsequent time
 2        for a violation of Section 11-501  or  11-501.1  of  this
 3        Code  or  a  similar  provision  of  a local ordinance, a
 4        violation of or Section 9-3 of the Criminal Code of 1961,
 5        a violation of any out-of-state offense similar to any of
 6        the offenses listed in this paragraph (2)  of  subsection
 7        (c),  or  a failure to submit to a chemical test or tests
 8        of blood, breath, or urine pursuant to  Section  11-501.1
 9        or  to  a  preliminary  breath  screening test or a field
10        sobriety test or tests pursuant to  Section  11-501.9  of
11        this  Code  or  similar  provisions  of  an  out-of-state
12        jurisdiction, $190 of the $250 fee for reinstatement of a
13        license  summarily  suspended  under  Section 11-501.1 or
14        11-501.9, and $190 of the $250 fee for reinstatement of a
15        revoked license shall be deposited  into  the  Drunk  and
16        Drugged Driving Prevention Fund.
17             3. $6   of  such  original  or  renewal  fee  for  a
18        commercial driver's license  and  $6  of  the  commercial
19        driver  instruction permit fee when such permit is issued
20        to any person holding a valid Illinois driver's  license,
21        shall be paid into the CDLIS/AAMVAnet Trust Fund.
22             4.  The fee for reinstatement of a license suspended
23        under  the  Family  Financial Responsibility Law shall be
24        paid into the Family Responsibility Fund.
25             5.  The $5 fee for each original or renewal M  or  L
26        endorsement  shall  be  deposited  into  the  Cycle Rider
27        Safety Training Fund.
28             6.  $20  of  any  original  or  renewal  fee  for  a
29        commercial  driver's    license  or   commercial   driver
30        instruction  permit  shall be paid into the Motor Carrier
31        Safety Inspection Fund.
32    (Source: P.A.  90-622,  eff.  3-1-99;  90-738,  eff.  1-1-99;
33    91-357, eff. 7-29-99; 91-537, eff. 8-13-99.)
 
                            -8-               LRB9204650DHmbA
 1        (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
 2        Sec.  6-203.1.  (a)  The Secretary of State is authorized
 3    to suspend the driving privileges of a person persons:
 4             (1)  arrested in another state for driving under the
 5        influence  of  alcohol,   other   drug   or   drugs,   or
 6        intoxicating  compound  or  compounds, or any combination
 7        thereof, or a similar provision, and who has  refused  to
 8        submit  to  a chemical test or tests, or to a preliminary
 9        breath screening test or a field sobriety test  or  tests
10        under the provisions of implied consent, or.
11             (2)  requested  to  submit  to  a preliminary breath
12        screening test or a  field  sobriety  test  or  tests  in
13        another state under provisions of implied consent and who
14        has refused to submit to the test or tests.
15        (b)  When  a  driving  privilege has been suspended for a
16    refusal as provided  in  paragraph  (a)  and  the  person  is
17    subsequently convicted of the underlying charge, for the same
18    incident,  any  period served on suspension shall be credited
19    toward the minimum period of revocation of driving privileges
20    imposed pursuant to Section 6-206.
21    (Source: P.A. 90-779, eff. 1-1-99.)

22        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
23        Sec. 6-206.  Discretionary authority to suspend or revoke
24    license or permit; Right to a hearing.
25        (a)  The Secretary of State is authorized to  suspend  or
26    revoke   the   driving   privileges  of  any  person  without
27    preliminary hearing upon a showing of the person's records or
28    other sufficient evidence that the person:
29             1.  Has committed an  offense  for  which  mandatory
30        revocation  of  a  driver's license or permit is required
31        upon conviction;
32             2.  Has been convicted of not less than  3  offenses
33        against  traffic  regulations  governing  the movement of
 
                            -9-               LRB9204650DHmbA
 1        vehicles  committed  within  any  12  month  period.   No
 2        revocation or suspension shall be  entered  more  than  6
 3        months after the date of last conviction;
 4             3.  Has  been  repeatedly  involved  as  a driver in
 5        motor vehicle collisions or has been repeatedly convicted
 6        of offenses against laws and  ordinances  regulating  the
 7        movement  of  traffic, to a degree that indicates lack of
 8        ability to exercise ordinary and reasonable care  in  the
 9        safe  operation  of a motor vehicle or disrespect for the
10        traffic laws and the safety of  other  persons  upon  the
11        highway;
12             4.  Has by the unlawful operation of a motor vehicle
13        caused  or  contributed to an accident resulting in death
14        or injury requiring immediate professional treatment in a
15        medical facility or doctor's office to any person, except
16        that  any  suspension  or  revocation  imposed   by   the
17        Secretary   of   State   under  the  provisions  of  this
18        subsection shall start no later than 6 months after being
19        convicted of violating a law or ordinance regulating  the
20        movement  of  traffic,  which violation is related to the
21        accident, or shall start not more than one year after the
22        date of the accident, whichever date occurs later;
23             5.  Has permitted an unlawful or fraudulent use of a
24        driver's license, identification card, or permit;
25             6.  Has been lawfully convicted  of  an  offense  or
26        offenses  in  another  state, including the authorization
27        contained in Section 6-203.1, which if  committed  within
28        this State would be grounds for suspension or revocation;
29             7.  Has   refused   or   failed   to  submit  to  an
30        examination provided for by Section 6-207 or  has  failed
31        to pass the examination;
32             8.  Is  ineligible  for a driver's license or permit
33        under the provisions of Section 6-103;
34             9.  Has  made  a  false   statement   or   knowingly
 
                            -10-              LRB9204650DHmbA
 1        concealed  a  material fact or has used false information
 2        or identification  in  any  application  for  a  license,
 3        identification card, or permit;
 4             10.  Has   possessed,  displayed,  or  attempted  to
 5        fraudulently use any  license,  identification  card,  or
 6        permit not issued to the person;
 7             11.  Has  operated a motor vehicle upon a highway of
 8        this  State  when  the  person's  driving  privilege   or
 9        privilege  to  obtain  a  driver's  license or permit was
10        revoked or suspended unless the operation was  authorized
11        by  a  judicial  driving  permit, probationary license to
12        drive, or a restricted driving permit issued  under  this
13        Code;
14             12.  Has submitted to any portion of the application
15        process  for  another person or has obtained the services
16        of another  person  to  submit  to  any  portion  of  the
17        application  process  for  the  purpose  of  obtaining  a
18        license,  identification  card,  or permit for some other
19        person;
20             13.  Has operated a motor vehicle upon a highway  of
21        this  State  when the person's driver's license or permit
22        was invalid under the provisions of Sections 6-107.1  and
23        6-110;
24             14.  Has  committed  a  violation  of Section 6-301,
25        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
26        14B of the Illinois Identification Card Act;
27             15.  Has been convicted of violating Section 21-2 of
28        the  Criminal  Code of 1961 relating to criminal trespass
29        to vehicles in which case, the suspension  shall  be  for
30        one year;
31             16.  Has  been convicted of violating Section 11-204
32        of this Code relating to fleeing from a police officer;
33             17.  Has refused to submit to a test, or  tests,  as
34        required  under Section 11-501.1 or 11-501.9 of this Code
 
                            -11-              LRB9204650DHmbA
 1        and the person has not sought a hearing as  provided  for
 2        in Section 11-501.1 or 11-501.9;
 3             18.  Has,  since  issuance  of a driver's license or
 4        permit, been adjudged to be afflicted with  or  suffering
 5        from any mental disability or disease;
 6             19.  Has  committed  a violation of paragraph (a) or
 7        (b) of  Section  6-101  relating  to  driving  without  a
 8        driver's license;
 9             20.  Has  been  convicted of violating Section 6-104
10        relating to classification of driver's license;
11             21.  Has been convicted of violating Section  11-402
12        of this Code relating to leaving the scene of an accident
13        resulting  in damage to a vehicle in excess of $1,000, in
14        which case the suspension shall be for one year;
15             22.  Has used a motor vehicle in violating paragraph
16        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
17        of  the Criminal Code of 1961 relating to unlawful use of
18        weapons, in which case the suspension shall  be  for  one
19        year;
20             23.  Has,  as a driver, been convicted of committing
21        a violation of paragraph (a) of Section  11-502  of  this
22        Code for a second or subsequent time within one year of a
23        similar violation;
24             24.  Has   been  convicted  by  a  court-martial  or
25        punished   by   non-judicial   punishment   by   military
26        authorities  of  the  United   States   at   a   military
27        installation  in  Illinois  of  or  for a traffic related
28        offense that is the same as  or  similar  to  an  offense
29        specified under Section 6-205 or 6-206 of this Code;
30             25.  Has  permitted any form of identification to be
31        used by another in the application process  in  order  to
32        obtain  or  attempt  to  obtain a license, identification
33        card, or permit;
34             26.  Has altered or attempted to alter a license  or
 
                            -12-              LRB9204650DHmbA
 1        has possessed an altered license, identification card, or
 2        permit;
 3             27.  Has violated Section 6-16 of the Liquor Control
 4        Act of 1934;
 5             28.  Has  been  convicted of the illegal possession,
 6        while operating or  in  actual  physical  control,  as  a
 7        driver,  of  a motor vehicle, of any controlled substance
 8        prohibited under the Illinois Controlled  Substances  Act
 9        or  any  cannabis  prohibited under the provisions of the
10        Cannabis Control Act, in which case the person's  driving
11        privileges  shall  be  suspended  for  one  year, and any
12        driver  who  is  convicted  of  a  second  or  subsequent
13        offense, within 5 years of a previous conviction, for the
14        illegal possession, while operating or in actual physical
15        control,  as  a  driver,  of  a  motor  vehicle,  of  any
16        controlled substance prohibited under the  provisions  of
17        the  Illinois  Controlled  Substances Act or any cannabis
18        prohibited  under  the  Cannabis  Control  Act  shall  be
19        suspended for 5 years. Any defendant found guilty of this
20        offense while operating a motor vehicle,  shall  have  an
21        entry  made  in  the  court record by the presiding judge
22        that this offense  did  occur  while  the  defendant  was
23        operating  a  motor  vehicle  and  order the clerk of the
24        court to report the violation to the Secretary of State;
25             29.  Has been convicted of  the  following  offenses
26        that  were committed while the person was operating or in
27        actual physical control, as a driver, of a motor vehicle:
28        criminal  sexual  assault,  predatory   criminal   sexual
29        assault  of  a child, aggravated criminal sexual assault,
30        criminal sexual abuse, aggravated criminal sexual  abuse,
31        juvenile  pimping,  soliciting  for a juvenile prostitute
32        and the  manufacture,  sale  or  delivery  of  controlled
33        substances  or  instruments  used for illegal drug use or
34        abuse in which case the driver's driving privileges shall
 
                            -13-              LRB9204650DHmbA
 1        be suspended for one year;
 2             30.  Has been convicted a second or subsequent  time
 3        for any combination of the offenses named in paragraph 29
 4        of  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 or has submitted to a test resulting in
 8        an alcohol concentration of 0.08 or more or any amount of
 9        a  drug,  substance,  or  compound  resulting  from   the
10        unlawful  use or consumption of cannabis as listed in the
11        Cannabis Control Act or a controlled substance as  listed
12        in  the  Illinois Controlled Substances Act in which case
13        the penalty shall be as prescribed in Section 6-208.1;
14             32.  Has been convicted of  Section  24-1.2  of  the
15        Criminal   Code   of  1961  relating  to  the  aggravated
16        discharge of a firearm if the offender was located  in  a
17        motor  vehicle at the time the firearm was discharged, in
18        which case the suspension shall be for 3 years;
19             33.  Has as  a driver, who was less than 21 years of
20        age on the date of the offense, been  convicted  a  first
21        time of a violation of paragraph (a) of Section 11-502 of
22        this Code or a similar provision of a local ordinance;
23             34.  Has  committed a violation of Section 11-1301.5
24        of this Code;
25             35.  Has committed a violation of Section  11-1301.6
26        of this Code; or
27             36.  Is  under  the  age  of 21 years at the time of
28        arrest and has  been    convicted  of  not  less  than  2
29        offenses  against  traffic  regulations    governing  the
30        movement  of  vehicles  committed  within  any  24  month
31        period.   No  revocation  or  suspension shall be entered
32        more than 6  months after the date of last conviction.
33        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
34    and  27  of  this  subsection,  license  means  any  driver's
 
                            -14-              LRB9204650DHmbA
 1    license, any traffic ticket issued when the person's driver's
 2    license  is  deposited  in  lieu of bail, a suspension notice
 3    issued by the Secretary of State, a  duplicate  or  corrected
 4    driver's  license,  a  probationary  driver's  license  or  a
 5    temporary driver's license.
 6        (b)  If  any conviction forming the basis of a suspension
 7    or revocation authorized under this Section is appealed,  the
 8    Secretary  of  State may rescind or withhold the entry of the
 9    order of suspension  or  revocation,  as  the  case  may  be,
10    provided  that a certified copy of a stay order of a court is
11    filed with the Secretary of  State.   If  the  conviction  is
12    affirmed  on  appeal, the date of the conviction shall relate
13    back to the time the  original  judgment  of  conviction  was
14    entered  and  the  6  month  limitation  prescribed shall not
15    apply.
16        (c) 1.  Upon suspending or revoking the driver's  license
17        or  permit  of  any person as authorized in this Section,
18        the Secretary  of  State  shall  immediately  notify  the
19        person  in  writing  of the revocation or suspension. The
20        notice to be deposited in the United States mail, postage
21        prepaid, to the last known address of the person.
22             2.  If the Secretary of State suspends the  driver's
23        license  of  a person under subsection 2 of paragraph (a)
24        of this  Section,  a  person's  privilege  to  operate  a
25        vehicle as an occupation shall not be suspended, provided
26        an  affidavit  is properly completed, the appropriate fee
27        received, and a permit issued prior to the effective date
28        of the suspension, unless 5 offenses were  committed,  at
29        least  2  of  which occurred while operating a commercial
30        vehicle  in  connection   with   the   driver's   regular
31        occupation.   All   other  driving  privileges  shall  be
32        suspended by the Secretary of State. Any driver prior  to
33        operating  a  vehicle for occupational purposes only must
34        submit the affidavit on  forms  to  be  provided  by  the
 
                            -15-              LRB9204650DHmbA
 1        Secretary  of  State  setting  forth  the  facts  of  the
 2        person's  occupation.  The affidavit shall also state the
 3        number of offenses committed while operating a vehicle in
 4        connection with  the  driver's  regular  occupation.  The
 5        affidavit  shall  be accompanied by the driver's license.
 6        Upon receipt  of  a  properly  completed  affidavit,  the
 7        Secretary  of  State  shall  issue the driver a permit to
 8        operate a vehicle in connection with the driver's regular
 9        occupation only. Unless  the  permit  is  issued  by  the
10        Secretary  of  State prior to the date of suspension, the
11        privilege to drive any motor vehicle shall  be  suspended
12        as  set  forth  in  the notice that was mailed under this
13        Section. If an affidavit is received  subsequent  to  the
14        effective date of this suspension, a permit may be issued
15        for the remainder of the suspension period.
16             The  provisions of this subparagraph shall not apply
17        to any driver required to obtain  a  commercial  driver's
18        license  under  Section  6-507  during  the  period  of a
19        disqualification of commercial driving  privileges  under
20        Section 6-514.
21             Any  person  who  falsely  states  any  fact  in the
22        affidavit required herein  shall  be  guilty  of  perjury
23        under  Section  6-302  and  upon conviction thereof shall
24        have  all  driving  privileges  revoked  without  further
25        rights.
26             3.  At the conclusion of  a  hearing  under  Section
27        2-118  of  this Code, the Secretary of State shall either
28        rescind or continue  an  order  of  revocation  or  shall
29        substitute   an  order  of  suspension;  or,  good  cause
30        appearing therefor, rescind, continue, change, or  extend
31        the  order of suspension.  If the Secretary of State does
32        not  rescind  the   order,   the   Secretary   may   upon
33        application,   to   relieve   undue   hardship,  issue  a
34        restricted  driving  permit  granting  the  privilege  of
 
                            -16-              LRB9204650DHmbA
 1        driving  a  motor  vehicle   between   the   petitioner's
 2        residence  and petitioner's place of employment or within
 3        the scope of his employment related duties, or  to  allow
 4        transportation  for the petitioner, or a household member
 5        of the petitioner's family, to receive necessary  medical
 6        care   and  if  the  professional  evaluation  indicates,
 7        provide   transportation   for   alcohol   remedial    or
 8        rehabilitative  activity, or for the petitioner to attend
 9        classes, as  a  student,  in  an  accredited  educational
10        institution;  if  the  petitioner  is able to demonstrate
11        that no alternative means of transportation is reasonably
12        available and the petitioner will not endanger the public
13        safety or welfare. In each case the Secretary may issue a
14        restricted   driving   permit   for   a   period   deemed
15        appropriate, except that all permits shall expire  within
16        one year from the date of issuance.  A restricted driving
17        permit  issued  under  this  Section  shall be subject to
18        cancellation, revocation, and suspension by the Secretary
19        of State in like manner and for like cause as a  driver's
20        license issued under this Code may be cancelled, revoked,
21        or  suspended;  except that a conviction upon one or more
22        offenses  against  laws  or  ordinances  regulating   the
23        movement  of traffic shall be deemed sufficient cause for
24        the  revocation,  suspension,  or   cancellation   of   a
25        restricted driving permit. The Secretary of State may, as
26        a  condition  to  the  issuance  of  a restricted driving
27        permit,  require  the  applicant  to  participate  in   a
28        designated driver remedial or rehabilitative program. The
29        Secretary  of  State is authorized to cancel a restricted
30        driving permit if the permit holder does not successfully
31        complete the program.
32        (c-5)  The Secretary of State may, as a condition of  the
33    reissuance  of  a  driver's license or permit to an applicant
34    under the age of 18 years whose driver's  license  or  permit
 
                            -17-              LRB9204650DHmbA
 1    has  been suspended pursuant to any of the provisions of this
 2    Section, require the applicant to  participate  in  a  driver
 3    remedial education course and be retested under Section 6-109
 4    of this Code.
 5        (d)  This  Section  is  subject  to the provisions of the
 6    Drivers License Compact.
 7        (e)  The Secretary of State shall not issue a  restricted
 8    driving  permit  to  a person under the age of 16 years whose
 9    driving privileges have been suspended or  revoked under  any
10    provisions of this Code.
11    (Source: P.A.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
12    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
13    1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

14        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
15        Sec. 6-208.1.  Period of statutory summary alcohol, other
16    drug, or intoxicating compound related suspension.
17        (a)  Unless the statutory  summary  suspension  has  been
18    rescinded,  any  person  whose  privilege  to  drive  a motor
19    vehicle on the public highways has been summarily  suspended,
20    pursuant  to  Section  11-501.1  or  11-501.9,  shall  not be
21    eligible  for  restoration  of  the   privilege   until   the
22    expiration of:
23             1.  Six  months  from  the  effective  date  of  the
24        statutory  summary suspension for a refusal or failure to
25        complete a test or tests to determine the alcohol,  drug,
26        or   intoxicating  compound  concentration,  pursuant  to
27        Section 11-501.1; or for a refusal or failure to complete
28        a preliminary breath screening test or a  field  sobriety
29        test or tests pursuant to Section 11-501.9; or
30             2.  Three  months  from  the  effective  date of the
31        statutory  summary  suspension  imposed   following   the
32        person's submission to a chemical test which disclosed an
33        alcohol concentration of 0.08 or more, or any amount of a
 
                            -18-              LRB9204650DHmbA
 1        drug,   substance,   or  intoxicating  compound  in  such
 2        person's breath,  blood,  or  urine  resulting  from  the
 3        unlawful  use  or  consumption  of cannabis listed in the
 4        Cannabis Control Act, a controlled  substance  listed  in
 5        the   Illinois   Controlled   Substances   Act,   or   an
 6        intoxicating  compound  listed in the Use of Intoxicating
 7        Compounds Act, pursuant to Section 11-501.1; or
 8             3.  Three years  from  the  effective  date  of  the
 9        statutory  summary suspension for any person other than a
10        first offender who refuses or fails to complete a test or
11        tests to determine the  alcohol,  drug,  or  intoxicating
12        compound concentration pursuant to Section 11-501.1; or
13             3.1.  Two  years  from  the  effective  date  of the
14        statutory summary suspension for any person other than  a
15        first  offender  who  refuses  or  fails  to  complete  a
16        preliminary  breath  screening  test  or a field sobriety
17        test or tests pursuant to Section 11-501.9; or
18             4.  One year from the effective date of the  summary
19        suspension  imposed  for  any  person  other than a first
20        offender following submission to a  chemical  test  which
21        disclosed  an  alcohol  concentration  of  0.08  or  more
22        pursuant  to  Section  11-501.1  or any amount of a drug,
23        substance or compound in such  person's  blood  or  urine
24        resulting   from  the  unlawful  use  or  consumption  of
25        cannabis listed in the Cannabis Control Act, a controlled
26        substance listed in the  Illinois  Controlled  Substances
27        Act,  or  an  intoxicating  compound listed in the Use of
28        Intoxicating Compounds Act.
29        (b)  Following a  statutory  summary  suspension  of  the
30    privilege  to drive a motor vehicle under Section 11-501.1 or
31    11-501.9, full driving privileges shall  be  restored  unless
32    the  person  is  otherwise disqualified by this Code.  If the
33    court  has  reason  to  believe  that  the  person's  driving
34    privilege should not be restored, the court shall notify  the
 
                            -19-              LRB9204650DHmbA
 1    Secretary  of  State prior to the expiration of the statutory
 2    summary  suspension  so  appropriate  action  may  be   taken
 3    pursuant to this Code.
 4        (c)  Full  driving  privileges  may not be restored until
 5    all applicable reinstatement fees, as provided by this  Code,
 6    have  been paid to the Secretary of State and the appropriate
 7    entry made to the driver's record.
 8        (d)  Where  a  driving  privilege  has   been   summarily
 9    suspended  under  Section 11-501.1 or 11-501.9 and the person
10    is subsequently convicted of violating Section 11-501,  or  a
11    similar   provision  of  a  local  ordinance,  for  the  same
12    incident, any period served on statutory  summary  suspension
13    shall  be credited toward the minimum period of revocation of
14    driving privileges imposed pursuant to Section 6-205.
15        (e)  Following a statutory summary suspension of  driving
16    privileges   pursuant   to  Section  11-501.1,  for  a  first
17    offender, the circuit court may, after at least 30 days  from
18    the effective date of the statutory summary suspension, issue
19    a judicial driving permit as provided in Section 6-206.1.
20        (f)  Subsequent to an arrest of a first offender, for any
21    offense  as  defined in Section 11-501 or a similar provision
22    of  a  local  ordinance,  following   a   statutory   summary
23    suspension   of   driving   privileges  pursuant  to  Section
24    11-501.1, for a first offender, the circuit court may issue a
25    court order directing the  Secretary  of  State  to  issue  a
26    judicial  driving  permit  as  provided  in  Section 6-206.1.
27    However, this JDP shall not be effective prior  to  the  31st
28    day of the statutory summary suspension.
29        (f-5)  Following   a   statutory  summary  suspension  of
30    driving privileges pursuant to Section 11-501.9, for a  first
31    offender,  the Secretary of State may, after at least 30 days
32    from the effective date of the statutory summary  suspension,
33    issue  a  restricted driving permit as provided in subsection
34    (g) of Section 11-501.9.
 
                            -20-              LRB9204650DHmbA
 1        (g)  Following a statutory summary suspension of  driving
 2    privileges pursuant to Section 11-501.1 or 11-501.9 where the
 3    person was not a first offender, as defined in Section 11-500
 4    and such person refused or failed to complete a test or tests
 5    to  determine  the  alcohol,  drug,  or intoxicating compound
 6    concentration pursuant to Section 11-501.1 or  a  preliminary
 7    breath  screening  test  or  a  field  sobriety test or tests
 8    pursuant to Section 11-501.9,  the  Secretary  of  State  may
 9    issue  a  restricted  driving permit if at least 2 years have
10    elapsed since the effective date  of  the  statutory  summary
11    suspension.
12        (h)  Following  a statutory summary suspension of driving
13    privileges pursuant to Section 11-501.1 where the person  was
14    not  a  first  offender as defined in Section 11-500 and such
15    person submitted  to  a  chemical  test  which  disclosed  an
16    alcohol  concentration  of  0.08  or more pursuant to Section
17    11-501.1, the Secretary of State may, after at least 90  days
18    from  the effective date of the statutory summary suspension,
19    issue a restricted driving permit.
20        (i)  When a person has refused to submit to or failed  to
21    complete  a chemical test or tests of blood, breath, or urine
22    pursuant to Section  11-501.1  or  to  a  preliminary  breath
23    screening  test or a field sobriety test or tests pursuant to
24    Section 11-501.9, the person's driving  privileges  shall  be
25    statutorily  suspended under the provisions of both Sections,
26    but  the  periods   of   statutory   suspension   shall   run
27    concurrently.
28    (Source:  P.A.  90-43,  eff.  7-2-97;  90-738,  eff.  1-1-99;
29    90-779, eff. 1-1-99; 91-357, eff. 7-29-99.)

30        (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
31        Sec.  6-303.  Driving  while  driver's license, permit or
32    privilege to operate a motor vehicle is suspended or revoked.
33        (a)  Any person who  drives  or  is  in  actual  physical
 
                            -21-              LRB9204650DHmbA
 1    control  of a motor vehicle on any highway of this State at a
 2    time when such person's driver's license, permit or privilege
 3    to do so or the privilege to obtain  a  driver's  license  or
 4    permit  is  revoked  or suspended as provided by this Code or
 5    the law of another  state,  except  as  may  be  specifically
 6    allowed  by  and  subject  to  the  conditions  of a judicial
 7    driving  permit,  family  financial  responsibility   driving
 8    permit,  probationary  license  to  drive,  or  a  restricted
 9    driving  permit issued pursuant to this Code or under the law
10    of another state, shall be guilty of a Class A misdemeanor.
11        (b)  The Secretary of State upon receiving  a  report  of
12    the  conviction  of  any  violation  indicating  a person was
13    operating a motor vehicle during the time when said  person's
14    driver's  license,  permit  or privilege was suspended by the
15    Secretary, by the appropriate authority of another state,  or
16    pursuant  to  Section 11-501.1 or 11-501.9,; except as may be
17    specifically allowed by  a  probationary  license  to  drive,
18    judicial  driving  permit or restricted driving permit issued
19    pursuant to this Code or the  law  of  another  state;  shall
20    extend  the  suspension  for  the  same period of time as the
21    originally imposed suspension;  however,  if  the  period  of
22    suspension   has   then   expired,  the  Secretary  shall  be
23    authorized to suspend said person's  driving  privileges  for
24    the same period of time as the originally imposed suspension;
25    and  if the conviction was upon a charge which indicated that
26    a vehicle was operated during  the  time  when  the  person's
27    driver's  license, permit or privilege was revoked; except as
28    may be allowed by a restricted driving permit issued pursuant
29    to this Code or the law of another state; the Secretary shall
30    not issue a driver's license for an additional period of  one
31    year  from the date of such conviction indicating such person
32    was operating a vehicle during such period of revocation.
33        (c)  Any person convicted of violating this Section shall
34    serve a minimum term of imprisonment of 7 consecutive days or
 
                            -22-              LRB9204650DHmbA
 1    30 days  of  community  service  when  the  person's  driving
 2    privilege was revoked or suspended as a result of:
 3             (1)  a violation of Section 11-501 of this Code or a
 4        similar  provision  of  a local ordinance relating to the
 5        offense of operating or being in physical  control  of  a
 6        vehicle  while  under the influence of alcohol, any other
 7        drug or any combination thereof; or
 8             (2)  a violation of paragraph (b) of Section  11-401
 9        of  this Code or a similar provision of a local ordinance
10        relating to the offense of leaving the scene of  a  motor
11        vehicle accident involving personal injury or death; or
12             (3)  a violation of Section 9-3 of the Criminal Code
13        of  1961, as amended, relating to the offense of reckless
14        homicide; or
15             (4)  a statutory summary  suspension  under  Section
16        11-501.1 or 11-501.9 of this Code.
17        Such  sentence of imprisonment or community service shall
18    not  be  subject  to  suspension  in  order  to  reduce  such
19    sentence.
20        (d)  Any person  convicted  of  a  second  or  subsequent
21    violation of this Section shall be guilty of a Class 4 felony
22    if  the original revocation or suspension was for a violation
23    of Section 11-401 or  11-501  of  this  Code,  or  a  similar
24    out-of-state  offense,  or  a  similar  provision  of a local
25    ordinance, a violation of Section 9-3 of the Criminal Code of
26    1961, relating to the offense  of  reckless  homicide,  or  a
27    similar   out-of-state   offense,   or  a  statutory  summary
28    suspension under Section 11-501.1 or 11-501.9 of this Code.
29        (e)  Any person in violation of this Section who is  also
30    in  violation  of  Section  7-601  of  this  Code relating to
31    mandatory  insurance  requirements,  in  addition  to   other
32    penalties  imposed  under this Section, shall have his or her
33    motor vehicle immediately  impounded  by  the  arresting  law
34    enforcement  officer.    The motor vehicle may be released to
 
                            -23-              LRB9204650DHmbA
 1    any licensed driver upon a showing of proof of insurance  for
 2    the  vehicle  that  was  impounded  and the notarized written
 3    consent for the release by the vehicle owner.
 4        (f)  For any prosecution under this Section, a  certified
 5    copy  of  the  driving  abstract  of  the  defendant shall be
 6    admitted as proof of any prior conviction.
 7    (Source: P.A. 90-400,  eff.  8-15-97;  90-738,  eff.  1-1-99;
 8    91-692, eff. 4-13-00.)

 9        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
10        Sec.    11-500.  Definitions.   For   the   purposes   of
11    interpreting Sections  6-206.1  and  6-208.1  of  this  Code,
12    "first offender" shall mean: (i) any person who has not had a
13    previous   conviction   or  court  assigned  supervision  for
14    violating Section 11-501, or a similar provision of  a  local
15    ordinance, or a conviction in any other state for a violation
16    of  driving  while  under  the influence or a similar offense
17    where the cause  of  action  is  the  same  or  substantially
18    similar  to  this  Code, or (ii) any person who has not had a
19    driver's license suspension for violating Section 11-501.1 or
20    11-501.9 within 5 years prior to  the  date  of  the  current
21    offense  or  failure to submit to or complete a chemical test
22    or tests of blood,  breath,  or  urine  pursuant  to  Section
23    11-501.1  or  a  preliminary breath screening test or a field
24    sobriety test or tests pursuant to Section  11-501.9,  except
25    in  cases  where  the  driver  submitted  to chemical testing
26    resulting in an alcohol concentration of 0.08 or more, or any
27    amount of a drug, substance, or  compound  in  such  person's
28    blood or urine resulting from the unlawful use or consumption
29    of  cannabis listed in the Cannabis Control Act, a controlled
30    substance listed in the Illinois Controlled  Substances  Act,
31    or an intoxicating compound listed in the Use of Intoxicating
32    Compounds  Act  and  was  subsequently  found  not  guilty of
33    violating Section 11-501, or a similar provision of  a  local
 
                            -24-              LRB9204650DHmbA
 1    ordinance.
 2    (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)

 3        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 4        Sec.  11-501.   Driving  while  under  the  influence  of
 5    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 6    compounds or any combination thereof.
 7        (a)  A  person  shall  not drive or be in actual physical
 8    control of any vehicle within this State while:
 9             (1)  the alcohol concentration in the person's blood
10        or breath is 0.08 or more  based  on  the  definition  of
11        blood and breath units in Section 11-501.2;
12             (2)  under the influence of alcohol;
13             (3)  under   the   influence   of  any  intoxicating
14        compound or combination of intoxicating  compounds  to  a
15        degree  that  renders  the  person  incapable  of driving
16        safely;
17             (4)  under  the  influence  of  any  other  drug  or
18        combination of drugs to a degree that renders the  person
19        incapable of safely driving;
20             (5)  under  the combined influence of alcohol, other
21        drug or drugs, or intoxicating compound or compounds to a
22        degree  that  renders  the  person  incapable  of  safely
23        driving; or
24             (6)  there is any amount of a  drug,  substance,  or
25        compound   in   the  person's  breath,  blood,  or  urine
26        resulting  from  the  unlawful  use  or  consumption   of
27        cannabis listed in the Cannabis Control Act, a controlled
28        substance  listed  in  the Illinois Controlled Substances
29        Act, or an intoxicating compound listed  in  the  Use  of
30        Intoxicating Compounds Act.
31        (b)  The fact that any person charged with violating this
32    Section is or has been legally entitled to use alcohol, other
33    drug  or drugs, or intoxicating compound or compounds, or any
 
                            -25-              LRB9204650DHmbA
 1    combination thereof,  shall not constitute a defense  against
 2    any charge of violating this Section.
 3        (c)  Except as provided under paragraphs (c-3) and (d) of
 4    this  Section,  every  person  convicted  of  violating  this
 5    Section or a similar provision of a local ordinance, shall be
 6    guilty of a Class A misdemeanor and, in addition to any other
 7    criminal  or administrative action, for any second conviction
 8    of violating this Section or a similar provision of a law  of
 9    another  state or local ordinance committed within 5 years of
10    a previous violation of this Section or a  similar  provision
11    of  a  local  ordinance  shall  be mandatorily sentenced to a
12    minimum of 48 consecutive hours of imprisonment  or  assigned
13    to  a  minimum  of  100  hours of community service as may be
14    determined by the court.  Every person convicted of violating
15    this Section or a similar  provision  of  a  local  ordinance
16    shall  be  subject  to a mandatory minimum fine of $500 and a
17    mandatory 5 days of community service in a program benefiting
18    children if the person committed a violation of paragraph (a)
19    or  a  similar  provision  of   a   local   ordinance   while
20    transporting a person under age 16.  Every person convicted a
21    second time for violating this Section or a similar provision
22    of  a  local ordinance within 5 years of a previous violation
23    of this Section or a similar provision of a  law  of  another
24    state  or  local  ordinance  shall  be subject to a mandatory
25    minimum fine of $500  and  10  days  of  mandatory  community
26    service  in  a  program  benefiting  children  if the current
27    offense was committed while transporting a person  under  age
28    16.   The  imprisonment  or  assignment under this subsection
29    shall not be subject to suspension nor shall  the  person  be
30    eligible  for  probation  in  order to reduce the sentence or
31    assignment.
32        (c-1) (1)  A person who violates this  Section  during  a
33        period in which his or her driving privileges are revoked
34        or  suspended, where the revocation or suspension was for
 
                            -26-              LRB9204650DHmbA
 1        a violation of this Section or a similar provision  of  a
 2        local  ordinance,  a failure to submit to a chemical test
 3        or tests of blood, breath, or urine pursuant to,  Section
 4        11-501.1  or  a failure to submit to a preliminary breath
 5        screening test or a field sobriety test or tests pursuant
 6        to  Section  11-501.9  of  this  Code,  a  violation  of,
 7        paragraph (b) of  Section  11-401  of  this  Code,  or  a
 8        violation  of Section 9-3 of the Criminal Code of 1961 is
 9        guilty of a Class 4 felony.
10             (2)  A person who violates this Section a third time
11        during a period in which his or  her  driving  privileges
12        are   revoked   or  suspended  where  the  revocation  or
13        suspension was for a violation  of  this  Section,  or  a
14        similar  violation  of  a  local  ordinance, a failure to
15        submit to a chemical test or tests of blood,  breath,  or
16        urine pursuant to Section 11-501.1 or a failure to submit
17        to  a  preliminary  breath  screening  test  or  a  field
18        sobriety  test  or  tests pursuant to Section 11-501.9 of
19        this Code, a  violation  of,  paragraph  (b)  of  Section
20        11-401 of this Code, or a violation of Section 9-3 of the
21        Criminal Code of 1961 is guilty of a Class 3 felony.
22             (3)  A  person who violates this Section a fourth or
23        subsequent time during a  period  in  which  his  or  her
24        driving  privileges  are  revoked  or suspended where the
25        revocation or suspension was  for  a  violation  of  this
26        Section  or  a  similar violation of a local ordinance, a
27        failure to submit to a chemical test or tests  of  blood,
28        breath,  or  urine  pursuant  to,  Section  11-501.1 or a
29        failure to submit to a preliminary breath screening  test
30        or  a  field  sobriety  test or tests pursuant to Section
31        11-501.9 of this Code, a violation of, paragraph  (b)  of
32        Section  11-401  of  this Code, or a violation of Section
33        9-3 of the Criminal Code of 1961 is guilty of a  Class  2
34        felony.
 
                            -27-              LRB9204650DHmbA
 1        (c-2)  (Blank).
 2        (c-3)  Every  person  convicted of violating this Section
 3    or a similar provision of a local ordinance who had  a  child
 4    under  age 16 in the vehicle at the time of the offense shall
 5    have his or her punishment under this Act enhanced by 2  days
 6    of  imprisonment for a first offense, 10 days of imprisonment
 7    for a second offense, 30 days of  imprisonment  for  a  third
 8    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 9    subsequent  offense,  in  addition  to the fine and community
10    service  required  under  subsection  (c)  and  the  possible
11    imprisonment required under subsection (d).  The imprisonment
12    or assignment under this subsection shall not be  subject  to
13    suspension  nor shall the person be eligible for probation in
14    order to reduce the sentence or assignment.
15        (d) (1)  Every person convicted of committing a violation
16    of this Section shall be guilty of aggravated  driving  under
17    the   influence   of   alcohol,   other  drug  or  drugs,  or
18    intoxicating  compound  or  compounds,  or  any   combination
19    thereof if:
20             (A)  the   person  committed  a  violation  of  this
21        Section, or a similar provision of a law of another state
22        or a local ordinance when the cause of action is the same
23        as or substantially similar  to  this  Section,  for  the
24        third or subsequent time;
25             (B)  the  person  committed a violation of paragraph
26        (a) while driving a school bus with children on board;
27             (C)  the  person  in  committing  a   violation   of
28        paragraph  (a)  was  involved in a motor vehicle accident
29        that  resulted  in  great  bodily   harm   or   permanent
30        disability   or   disfigurement   to  another,  when  the
31        violation was a proximate cause of the injuries; or
32             (D)  the person committed a violation  of  paragraph
33        (a)  for  a second time and has been previously convicted
34        of violating Section 9-3 of the  Criminal  Code  of  1961
 
                            -28-              LRB9204650DHmbA
 1        relating  to  reckless  homicide  in which the person was
 2        determined to have been under the influence  of  alcohol,
 3        other   drug   or  drugs,  or  intoxicating  compound  or
 4        compounds as an element of the offense or the person  has
 5        previously  been convicted under subparagraph (C) of this
 6        paragraph (1).
 7        (2)  Aggravated driving under the influence  of  alcohol,
 8    other  drug  or drugs, or intoxicating compound or compounds,
 9    or any combination thereof is a Class 4 felony  for  which  a
10    person,  if  sentenced  to  a  term of imprisonment, shall be
11    sentenced to not less than one year and not more than 3 years
12    for a violation of subparagraph (A), (B) or (D) of  paragraph
13    (1) of this subsection (d) and not less than one year and not
14    more  than  12  years  for a violation of subparagraph (C) of
15    paragraph (1) of this subsection  (d).  For  any  prosecution
16    under  this  subsection  (d), a certified copy of the driving
17    abstract of the defendant shall be admitted as proof  of  any
18    prior conviction.
19        (e)  After  a  finding  of  guilt  and prior to any final
20    sentencing, or an order for supervision, for an offense based
21    upon an arrest for a violation of this Section or  a  similar
22    provision of a local ordinance, individuals shall be required
23    to  undergo  a  professional  evaluation  to  determine if an
24    alcohol, drug, or intoxicating compound abuse problem  exists
25    and  the  extent  of  the problem.  Programs conducting these
26    evaluations shall be licensed  by  the  Department  of  Human
27    Services.   The  cost of any professional evaluation shall be
28    paid  for  by  the  individual  required   to   undergo   the
29    professional evaluation.
30        (f)  Every person found guilty of violating this Section,
31    whose operation of a motor vehicle while in violation of this
32    Section  proximately  caused  any  incident  resulting  in an
33    appropriate emergency  response,  shall  be  liable  for  the
34    expense  of  an  emergency response as provided under Section
 
                            -29-              LRB9204650DHmbA
 1    5-5-3 of the Unified Code of Corrections.
 2        (g)  The Secretary of  State  shall  revoke  the  driving
 3    privileges  of  any  person convicted under this Section or a
 4    similar provision of a local ordinance.
 5        (h)  Every person sentenced under subsection (d) of  this
 6    Section  and  who receives a term of probation or conditional
 7    discharge shall be required to serve a minimum term of either
 8    30 days community service or,  beginning  July  1,  1993,  48
 9    consecutive  hours  of  imprisonment  as  a  condition of the
10    probation or conditional discharge.  This  mandatory  minimum
11    term of imprisonment or assignment of community service shall
12    not be suspended and shall not be subject to reduction by the
13    court.
14        (i)  The  Secretary  of  State may use ignition interlock
15    device  requirements  when   granting   driving   relief   to
16    individuals who have been arrested for a second or subsequent
17    offense  of  this  Section  or a similar provision of a local
18    ordinance.   The  Secretary  shall  establish  by  rule   and
19    regulation the procedures for use of the interlock system.
20        (j)  In  addition to any other penalties and liabilities,
21    a person who is found guilty of or pleads guilty to violating
22    this  Section,  including  any   person   placed   on   court
23    supervision  for violating this Section, shall be fined $100,
24    payable to the circuit clerk, who shall distribute the  money
25    to  the  law enforcement agency that made the arrest.  In the
26    event that more  than  one  agency  is  responsible  for  the
27    arrest,  the  $100  shall  be  shared  equally.   Any  moneys
28    received  by  a  law enforcement agency under this subsection
29    (j) shall be used to purchase law enforcement equipment  that
30    will  assist  in  the  prevention of alcohol related criminal
31    violence throughout the State.  This shall  include,  but  is
32    not  limited  to, in-car video cameras, radar and laser speed
33    detection devices, and alcohol  breath  testers.  Any  moneys
34    received  by  the  Department  of  State  Police  under  this
 
                            -30-              LRB9204650DHmbA
 1    subsection  (j)  shall be deposited into the State Police DUI
 2    Fund and shall be used to purchase law enforcement  equipment
 3    that  will  assist  in  the  prevention  of  alcohol  related
 4    criminal violence throughout the State.
 5    (Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
 6    90-611,  eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738, eff.
 7    1-1-99; 90-779, eff. 1-1-99; 91-126,  eff.  7-16-99;  91-357,
 8    eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

 9        (625 ILCS 5/11-501.9 new)
10        Sec.  11-501.9.   Mandatory  preliminary breath screening
11    test and field sobriety tests.
12        (a)  The General Assembly finds that: (1)  the  incidence
13    of  motorists  suspected  of  driving  under the influence of
14    alcohol, other drugs, or intoxicating compounds who refuse to
15    perform voluntary preliminary breath screening tests or field
16    sobriety  tests  has  risen  to  alarming  proportions;   (2)
17    motorists  who  refuse these tests frequently drive under the
18    influence of alcohol, drugs, or  intoxicating  compounds  but
19    are nonetheless often able to avoid the loss or suspension of
20    driving  privileges  by  refusing to perform these tests; (3)
21    these motorists pose a substantial danger to  the  lives  and
22    property  both of other motorists and of pedestrians; (4) the
23    State of Illinois has the  duty  to  protect  the  lives  and
24    property  of  its  citizens as they travel upon the roads and
25    highways of this State, and that duty gives rise to a special
26    need to ensure that those roads and highways  are  free  from
27    the  dangers  posed  by  impaired  motorists; (5) persons who
28    operate motor vehicles upon the roads and  highways  of  this
29    State   engage  in  an  inherently  dangerous  activity  that
30    directly affects the safety of the public, and  consequently,
31    such  persons  are subject to reasonable measures designed to
32    make road and highway travel safe; (6) the only effective and
33    realistic response  to  the  crisis  presented  by  motorists
 
                            -31-              LRB9204650DHmbA
 1    refusing  to voluntarily perform preliminary breath screening
 2    tests or field sobriety tests is to require persons suspected
 3    of  driving  under  the  influence  of  alcohol,  drugs,   or
 4    intoxicating  compounds  to  perform these tests; and (7) the
 5    required performance of these tests based  on  individualized
 6    reasonable   suspicion   is  a  necessary,  unobtrusive,  and
 7    reasonable measure designed to promote  the  State's  special
 8    need to make its roads and highways safe.
 9        (b)  Any  person  who  drives  or  is  in actual physical
10    control of a motor vehicle within this State shall be  deemed
11    to  have  given consent to performing any field sobriety test
12    or tests approved by the Illinois  Law  Enforcement  Training
13    Standards  Board  and  to  providing  a  sample of his or her
14    breath for  a  preliminary  breath  screening  test  using  a
15    portable  device  approved  by the Department of State Police
16    and checked  for  accuracy  by  the  law  enforcement  agency
17    utilizing  the  device at intervals not exceeding 3 months if
18    the law enforcement officer has reasonable suspicion based on
19    specific and articulable facts and rational  inferences  from
20    those  facts  to  believe that the person is violating or has
21    violated Section 11-501 or a similar  provision  of  a  local
22    ordinance.    These tests shall be conducted expeditiously in
23    the vicinity of the location in which the person was  stopped
24    by  a  law  enforcement  officer  trained to administer these
25    tests  under  standards  set  forth  by  the   Illinois   Law
26    Enforcement  Training  Standards  Board.  The  results of the
27    field sobriety  test  or  tests  or  the  preliminary  breath
28    screening test may be used by the law enforcement officer for
29    the purpose of assisting with the determination of whether to
30    require a chemical test as authorized under Sections 11-501.1
31    and  11-501.2,  and  the appropriate type of test to request.
32    The decision to administer a field sobriety test or tests  or
33    a  preliminary breath screening test shall at all times be in
34    the discretion of the law enforcement officer.  Any  chemical
 
                            -32-              LRB9204650DHmbA
 1    test  authorized  under Sections 11-501.1 and 11-501.2 may be
 2    requested by the officer regardless  of  the  result  of  the
 3    field  sobriety  test  or  tests or of the preliminary breath
 4    screening test, if probable cause  for  an  arrest  otherwise
 5    exists.   The  preliminary  breath  screening  test  shall be
 6    administered in accordance with rules  the  Director  of  the
 7    Illinois  State  Police  may  adopt.   The  result of a field
 8    sobriety test or test or of a  preliminary  breath  screening
 9    test  may  be  used  by  the  defendant  as  evidence  in any
10    administrative or court proceeding involving a  violation  of
11    Section  11-501  or  11-501.1 and may be used by the State as
12    evidence  in  any  administrative  or  court  proceeding   to
13    establish probable cause for a violation of Section 11-501 or
14    in rebuttal to an assertion that a test conducted pursuant to
15    Section 11-501.1 did not accurately reflect a person's degree
16    of  alcohol  concentration in the person's breath or blood at
17    the time the person was in control of the motor vehicle.
18        For the purposes  of  this  Section,  a  law  enforcement
19    officer  of  this State who is investigating a person for any
20    offense  set  forth  in  Section  11-501  may  travel  to  an
21    adjoining state to which the person has been transported  for
22    medical  care  to  complete an investigation and request that
23    the person submit to the test set forth in this Section.
24        (c)  A person requested to submit to any test as provided
25    in subsection (b) of this Section shall be warned by the  law
26    enforcement    officer   requesting   the   test   prior   to
27    administering the test or tests that a refusal to  submit  to
28    any  test  will result in the statutory summary suspension of
29    the person's privilege to operate a motor vehicle as provided
30    in Section 6-208.1 of this Code.
31        (d)  If a person refuses to perform a field sobriety test
32    or tests or a preliminary breath screening test requested  by
33    a  law enforcement officer, the law enforcement officer shall
34    immediately submit a sworn report to the Secretary  of  State
 
                            -33-              LRB9204650DHmbA
 1    on  a  form  prescribed by the Secretary, certifying that the
 2    test was requested under subsection (b) and that  the  person
 3    refused to submit to the test.
 4        (e)  Upon   receipt   of   the  sworn  report  of  a  law
 5    enforcement  officer  submitted  under  subsection  (d),  the
 6    Secretary  of  State  shall  enter  the   statutory   summary
 7    suspension  for the periods specified in Section 6-208.1, and
 8    effective as provided in subsection (i). If the person  is  a
 9    first offender as defined in Section 11-500 of this Code, and
10    is  not  convicted  of  a violation of Section 11-501 of this
11    Code or a  similar  provision  of  a  local  ordinance,  then
12    reports received by the Secretary of State under this Section
13    shall,  except  during  the actual time the statutory summary
14    suspension is in effect, be privileged  information  and  for
15    use   only   by  the  courts,  police  officers,  prosecuting
16    authorities, or the Secretary of State.
17        (f)  The law enforcement  officer  submitting  the  sworn
18    report  under  subsection (d) shall serve immediate notice of
19    the  statutory  summary  suspension  on  the   person.    The
20    suspension  shall  be effective on the 46th day following the
21    date the  statutory  summary  suspension  was  given  to  the
22    person.   Upon  receipt  of  the  sworn  report  from the law
23    enforcement officer, the Secretary of State shall confirm the
24    statutory summary suspension  by  mailing  a  notice  of  the
25    effective  date  of  the  suspension to the person and to the
26    court of venue if the person was given a citation at the time
27    of the notice of suspension by the  law  enforcement  officer
28    and the person's driver's license was forwarded to the court.
29    If  the sworn report is defective because it does not contain
30    sufficient information or it has been completed in error, the
31    confirmation of the statutory summary suspension must not  be
32    mailed  to  the person or entered to the record; instead, the
33    sworn  report  must  be  returned  to  the  issuing   agency,
34    identifying any defect.
 
                            -34-              LRB9204650DHmbA
 1        (g)  A  driver  may  contest the suspension of his or her
 2    driving privileges by requesting  an  administrative  hearing
 3    with  the  Secretary in accordance with Section 2-118 of this
 4    Code.  The administrative hearing shall  be  held  within  30
 5    days of the request unless the person requests a continuance.
 6    The  petition  for  this  hearing  does not stay or delay the
 7    effective date of the impending suspension.  The scope of the
 8    hearing shall be limited to the issues of:
 9             (1)  whether the officer  had  reasonable  suspicion
10        based  on  specific  and articulable facts and inferences
11        from those facts to believe that the person  was  driving
12        or in actual physical control of a motor vehicle upon the
13        public  highways  of this State while under the influence
14        of alcohol, another drug, or a combination  of  both,  or
15        intoxicating compounds; and
16             (2)  whether  the person, after being advised by the
17        law enforcement officer that the privilege to  operate  a
18        motor vehicle would be suspended if the person refused to
19        submit  to and complete a field sobriety test or tests or
20        a preliminary breath screening test, refused to submit to
21        or complete such test.
22        The hearing may be conducted upon a  review  of  the  law
23    enforcement  officer's  own  official  reports;  however, the
24    person may subpoena the officer.  Failure of the  officer  to
25    answer  the  subpoena  shall  be  considered  grounds for the
26    person to obtain a continuance if,  in  the  opinion  of  the
27    hearing  officer,  the  continuance  is  appropriate.  At the
28    conclusion  of  the  hearing,  the  Secretary  may   rescind,
29    continue or modify the order of suspension.  If the Secretary
30    does  not  rescind  the  sanction,  and the person is a first
31    offender as defined by Section 11-500, upon application being
32    made and good cause shown, the Secretary may issue the person
33    a restricted driving permit effective no sooner than the 31st
34    day  following  the  date  on  which  the  statutory  summary
 
                            -35-              LRB9204650DHmbA
 1    suspension took effect.  The restricted driving permit may be
 2    granted to relieve undue hardship  by  allowing  driving  for
 3    employment,  educational,  and  medical  purposes outlined in
 4    item (3) of subsection (c) of Section  6-206  of  this  Code.
 5    The provisions of item (3) of subsection (c) of Section 6-206
 6    shall apply.
 7        (h)  When   specific   and   articulable  facts  and  the
 8    inferences from those facts give rise to a rational basis for
 9    concluding that the driver of  a  vehicle  is  impaired  from
10    alcohol,  drugs,  intoxicating  compounds or a combination of
11    them to the  extent  that  the  continued  operation  of  the
12    vehicle  by  the  driver would constitute a clear and present
13    danger to any person, the law enforcement officer may  secure
14    the  driver's vehicle for up to 24 hours.  For the purpose of
15    this subsection, "secure" means that  the  officer  may:  (i)
16    direct  the  driver  not  to  operate  the vehicle; (ii) take
17    possession of the driver's vehicle keys,  (iii)  impound  the
18    vehicle,  or  (iv)  take other reasonable steps to ensure the
19    driver does not  operate  the  vehicle.  If  the  vehicle  is
20    impounded,  the  driver  shall  be  liable  for  all costs of
21    impoundment. The law  enforcement  officer  may  release  the
22    vehicle to a person other than the driver if:  (i) that other
23    person is the owner or renter of the vehicle or the driver is
24    owner of the vehicle and gives permission to the other person
25    to  operate the vehicle and (ii) the other person possesses a
26    valid operator's license and would not, as determined by  the
27    law  enforcement  officer,  either  have a lack of ability to
28    operate the vehicle in a safe  manner  or  be  operating  the
29    vehicle in violation of this Code.

30        Section  10.  The  Unified Code of Corrections is amended
31    by changing Section 5-6-1 as follows:

32        (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
 
                            -36-              LRB9204650DHmbA
 1        Sec. 5-6-1.  Sentences of Probation  and  of  Conditional
 2    Discharge   and   Disposition  of  Supervision.  The  General
 3    Assembly finds that in  order  to  protect  the  public,  the
 4    criminal  justice  system  must  compel  compliance  with the
 5    conditions of probation  by  responding  to  violations  with
 6    swift,   certain   and   fair  punishments  and  intermediate
 7    sanctions. The Chief Judge of  each  circuit  shall  adopt  a
 8    system  of  structured, intermediate sanctions for violations
 9    of the terms and  conditions  of  a  sentence  of  probation,
10    conditional discharge or disposition of supervision.
11        (a)  Except   where   specifically  prohibited  by  other
12    provisions of this Code, the court shall impose a sentence of
13    probation or conditional discharge upon an  offender  unless,
14    having  regard to the nature and circumstance of the offense,
15    and to the history, character and condition of the  offender,
16    the court is of the opinion that:
17             (1)  his  imprisonment  or  periodic imprisonment is
18        necessary for the protection of the public; or
19             (2)  probation  or   conditional   discharge   would
20        deprecate  the  seriousness of the offender's conduct and
21        would be inconsistent with the ends of justice.
22        The court shall impose as a condition of  a  sentence  of
23    probation,  conditional  discharge,  or supervision, that the
24    probation agency may invoke any sanction  from  the  list  of
25    intermediate  sanctions  adopted  by  the  chief judge of the
26    circuit court for violations of the terms and  conditions  of
27    the   sentence   of   probation,  conditional  discharge,  or
28    supervision, subject to the provisions of  Section  5-6-4  of
29    this Act.
30        (b)  The  court  may  impose  a  sentence  of conditional
31    discharge for an offense if the court is of the opinion  that
32    neither   a   sentence   of   imprisonment  nor  of  periodic
33    imprisonment nor of probation supervision is appropriate.
34        (c)  The  court  may,  upon  a  plea  of  guilty   or   a
 
                            -37-              LRB9204650DHmbA
 1    stipulation  by  the  defendant  of  the facts supporting the
 2    charge or a finding of guilt, defer further  proceedings  and
 3    the  imposition  of  a  sentence,  and  enter  an  order  for
 4    supervision of the defendant, if the defendant is not charged
 5    with  a  Class  A  misdemeanor,  as  defined by the following
 6    provisions of the Criminal Code  of  1961:  Sections  12-3.2;
 7    12-15;  31-1;  31-6; 31-7; subsections (b) and (c) of Section
 8    21-1; paragraph (1) through  (5),  (8),  (10),  and  (11)  of
 9    subsection (a) of Section 24-1; and Section 1 of the Boarding
10    Aircraft  With  Weapon  Act; or a felony. If the defendant is
11    not  barred  from  receiving  an  order  for  supervision  as
12    provided in this subsection, the court may enter an order for
13    supervision  after  considering  the  circumstances  of   the
14    offense,  and  the  history,  character  and condition of the
15    offender, if the court is of the opinion that:
16             (1)  the offender is not likely  to  commit  further
17        crimes;
18             (2)  the  defendant  and  the  public  would be best
19        served if the defendant were not to  receive  a  criminal
20        record; and
21             (3)  in  the  best  interests of justice an order of
22        supervision is more appropriate than a sentence otherwise
23        permitted under this Code.
24        (d)  The provisions of paragraph (c) shall not apply to a
25    defendant  charged  with  violating  Section  11-501  of  the
26    Illinois Vehicle Code or  a  similar  provision  of  a  local
27    ordinance when the defendant has previously been:
28             (1)  convicted  for a violation of Section 11-501 of
29        the Illinois Vehicle Code or a  similar  provision  of  a
30        local  ordinance  or  any  similar  law  or  ordinance of
31        another state; or
32             (2)  assigned supervision for a violation of Section
33        11-501  of  the  Illinois  Vehicle  Code  or  a   similar
34        provision  of  a  local  ordinance  or any similar law or
 
                            -38-              LRB9204650DHmbA
 1        ordinance of another state; or
 2             (3)  pleaded guilty to or stipulated  to  the  facts
 3        supporting a charge or a finding of guilty to a violation
 4        of  Section  11-503  of  the  Illinois  Vehicle Code or a
 5        similar provision of a local ordinance or any similar law
 6        or  ordinance  of  another  state,  and   the   plea   or
 7        stipulation was the result of a plea agreement.
 8        The court shall consider the statement of the prosecuting
 9    authority  with  regard  to  the  standards set forth in this
10    Section.
11        (e)  The provisions of paragraph (c) shall not apply to a
12    defendant  charged  with  violating  Section  16A-3  of   the
13    Criminal Code of 1961 if said defendant has within the last 5
14    years been:
15             (1)  convicted  for  a violation of Section 16A-3 of
16        the Criminal Code of 1961; or
17             (2)  assigned supervision for a violation of Section
18        16A-3 of the Criminal Code of 1961 or  similar  provision
19        of an out-of-state jurisdiction.
20        The court shall consider the statement of the prosecuting
21    authority  with  regard  to  the  standards set forth in this
22    Section.
23        (f)  The provisions of paragraph (c) shall not apply to a
24    defendant charged with  violating  Sections  15-111,  15-112,
25    15-301,  paragraph  (b)  of Section 6-104, Section 11-605, or
26    Section 11-1414 of the Illinois Vehicle  Code  or  a  similar
27    provision of a local ordinance or out-of-state jurisdiction.
28        (g)  Except  as  otherwise  provided  in paragraph (i) of
29    this Section, the provisions of paragraph (c) shall not apply
30    to a defendant charged with violating Section  3-707,  3-708,
31    3-710,  or  5-401.3 of the Illinois Vehicle Code or a similar
32    provision of a local ordinance if the  defendant  has  within
33    the last 5 years been:
34             (1)  convicted  for  a  violation  of Section 3-707,
 
                            -39-              LRB9204650DHmbA
 1        3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code  or
 2        a  similar provision of a local ordinance or out-of-state
 3        jurisdiction; or
 4             (2)  assigned supervision for a violation of Section
 5        3-707, 3-708, 3-710, or 5-401.3 of the  Illinois  Vehicle
 6        Code  or  a  similar  provision  of  a local ordinance or
 7        out-of-state jurisdiction.
 8        The court shall consider the statement of the prosecuting
 9    authority with regard to the  standards  set  forth  in  this
10    Section.
11        (h)  The provisions of paragraph (c) shall not apply to a
12    defendant  under the age of 21 years charged with violating a
13    serious traffic offense as defined in  Section  1-187.001  of
14    the Illinois Vehicle Code:
15             (1)  unless  the  defendant,  upon  payment  of  the
16        fines,  penalties,  and  costs provided by law, agrees to
17        attend and successfully complete a traffic safety program
18        approved  by  the  court  under  standards  set  by   the
19        Conference of Chief Circuit Judges.  The accused shall be
20        responsible  for  payment  of  any traffic safety program
21        fees.  If the accused fails  to  file  a  certificate  of
22        successful  completion  on or before the termination date
23        of  the  supervision  order,  the  supervision  shall  be
24        summarily revoked and conviction entered.  The provisions
25        of Supreme Court Rule 402 relating to pleas of guilty  do
26        not  apply in cases when a defendant enters a guilty plea
27        under this provision; or
28             (2)  if the defendant has previously been  sentenced
29        under the provisions of paragraph (c) on or after January
30        1,  1998  for  any  serious traffic offense as defined in
31        Section 1-187.001 of the Illinois Vehicle Code.
32        (i)  The provisions of paragraph (c) shall not apply to a
33    defendant  charged  with  violating  Section  3-707  of   the
34    Illinois  Vehicle  Code  or  a  similar  provision of a local
 
                            -40-              LRB9204650DHmbA
 1    ordinance if the defendant has been assigned supervision  for
 2    a  violation of Section 3-707 of the Illinois Vehicle Code or
 3    a similar provision of  a  local  ordinance  or  out-of-state
 4    jurisdiction.
 5        (j)  The provisions of paragraph (c) shall not apply to a
 6    defendant   charged  with  violating  Section  6-303  of  the
 7    Illinois Vehicle Code or  a  similar  provision  of  a  local
 8    ordinance or out-of-state jurisdiction when the revocation or
 9    suspension was for a violation of Section 11-501 or a similar
10    provision  of  a  local  ordinance,  a failure to submit to a
11    chemical test or tests of blood, breath, or urine pursuant to
12    violation of Section 11-501.1  or  to  a  preliminary  breath
13    screening  test or a field sobriety test or tests pursuant to
14    Section 11-501.9 of the Illinois Vehicle Code, a violation of
15    or paragraph (b) of Section 11-401 of  the  Illinois  Vehicle
16    Code,  or  a violation of Section 9-3 of the Criminal Code of
17    1961 if the defendant has within the last 10 years been:
18             (1)  convicted for a violation of Section  6-303  of
19        the  Illinois  Vehicle  Code  or a similar provision of a
20        local ordinance or out-of-state jurisdiction; or
21             (2)  assigned supervision for a violation of Section
22        6-303 of the Illinois Vehicle Code or a similar provision
23        of a local ordinance or out-of-state jurisdiction.
24    (Source: P.A.  90-369,  eff.  1-1-98;  90-738,  eff.  1-1-99;
25    90-784,  eff.  1-1-99;  91-114,  eff.  1-1-00;  91-357,  eff.
26    7-29-99.)

27        Section 99.  Effective date.  This Act  takes  effect  on
28    July 1, 2001.
 
                            -41-              LRB9204650DHmbA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    625 ILCS 5/6-113          from Ch. 95 1/2, par. 6-113
 4    625 ILCS 5/6-118          from Ch. 95 1/2, par. 6-118
 5    625 ILCS 5/6-203.1        from Ch. 95 1/2, par. 6-203.1
 6    625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
 7    625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
 8    625 ILCS 5/6-303          from Ch. 95 1/2, par. 6-303
 9    625 ILCS 5/11-500         from Ch. 95 1/2, par. 11-500
10    625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
11    625 ILCS 5/11-501.9 new
12    730 ILCS 5/5-6-1          from Ch. 38, par. 1005-6-1

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