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92_HB2265enr HB2265 Enrolled LRB9206515ARsb 1 AN ACT concerning vehicles. 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 5.545 as follows: 6 (30 ILCS 105/5.545 new) 7 Sec. 5.545. The Secretary of State DUI Administration 8 Fund. 9 Section 10. The Illinois Vehicle Code is amended by 10 changing Sections 2-118, 3-402, 6-205, 6-206, 6-206.2, 6-208, 11 and 11-501 as follows: 12 (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118) 13 Sec. 2-118. Hearings. 14 (a) Upon the suspension, revocation or denial of the 15 issuance of a license, permit, registration or certificate of 16 title under this Code of any person the Secretary of State 17 shall immediately notify such person in writing and upon his 18 written request shall, within 20 days after receipt thereof, 19 set a date for a hearing to commence within 90 calendar days 20 from the date of the written request for all requests related 21 to a suspension, revocation, or the denial of the issuance of 22 a license, permit, registration, or certificate of title 23 occurring after July 1, 2002and afford him an opportunity24for a hearing as early as practical, in the County of 25 Sangamon, the County of Jefferson, or the County of Cook, as 26 such person may specify, unless both parties agree that such 27 hearing may be held in some other county. The Secretary may 28 require the payment of a fee of not more than $50 for the 29 filing of any petition, motion, or request for hearing HB2265 Enrolled -2- LRB9206515ARsb 1 conducted pursuant to this Section. These fees must be 2 deposited into the Secretary of State DUI Administration 3 Fund, a special fund created in the State treasury, and, 4 subject to appropriation and as directed by the Secretary of 5 State, shall be used for operation of the Department of 6 Administrative Hearings of the Office of the Secretary of 7 State and for no other purpose. The Secretary shall establish 8 by rule the amount and the procedures, terms, and conditions 9 relating to these fees. 10 (b) At any time after the suspension, revocation or 11 denial of a license, permit, registration or certificate of 12 title of any person as hereinbefore referred to, the 13 Secretary of State, in his or her discretion and without the 14 necessity of a request by such person, may hold such a 15 hearing, upon not less than 10 days' notice in writing, in 16 the Counties of Sangamon, Jefferson, or Cook or in any other 17 county agreed to by the parties. 18 (c) Upon any such hearing, the Secretary of State, or 19 his authorized agent may administer oaths and issue subpoenas 20 for the attendance of witnesses and the production of 21 relevant books and records and may require an examination of 22 such person. Upon any such hearing, the Secretary of State 23 shall either rescind or, good cause appearing therefor, 24 continue, change or extend the Order of Revocation or 25 Suspension, or upon petition therefore and subject to the 26 provisions of this Code, issue a restricted driving permit or 27 reinstate the license or permit of such person. 28 (d) All hearings and hearing procedures shall comply 29 with requirements of the Constitution, so that no person is 30 deprived of due process of law nor denied equal protection of 31 the laws. All hearings shall be held before the Secretary of 32 State or before such persons as may be designated by the 33 Secretary of State and appropriate records of such hearings 34 shall be kept. Where a transcript of the hearing is taken, HB2265 Enrolled -3- LRB9206515ARsb 1 the person requesting the hearing shall have the opportunity 2 to order a copy thereof at his own expense. The Secretary of 3 State shall enter an order upon any hearing conducted under 4 this Section, related to a suspension, revocation, or the 5 denial of the issuance of a license, permit, registration, or 6 certificate of title occurring after July 1, 2002, within 90 7 days of its conclusion and shall immediately notify the 8 person in writing of his or her action. 9 (e) The action of the Secretary of State in suspending, 10 revoking or denying any license, permit, registration, or 11 certificate of title shall be subject to judicial review in 12 the Circuit Court of Sangamon County, in the Circuit Court of 13 Jefferson County, or in the Circuit Court of Cook County, and 14 the provisions of the Administrative Review Law, and all 15 amendments and modifications thereto, and the rules adopted 16 pursuant thereto, are hereby adopted and shall apply to and 17 govern every action for the judicial review of final acts or 18 decisions of the Secretary of State hereunder. 19 (Source: P.A. 91-823, eff. 1-1-01.) 20 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) 21 Sec. 3-402. Vehicles subject to registration; 22 exceptions. 23 A. Exemptions and Policy. Every motor vehicle, trailer, 24 semitrailer and pole trailer when driven or moved upon a 25 highway shall be subject to the registration and certificate 26 of title provisions of this Chapter except: 27 (1) Any such vehicle driven or moved upon a highway 28 in conformance with the provisions of this Chapter 29 relating to manufacturers, transporters, dealers, 30 lienholders or nonresidents or under a temporary 31 registration permit issued by the Secretary of State; 32 (2) Any implement of husbandry whether of a type 33 otherwise subject to registration hereunder or not which HB2265 Enrolled -4- LRB9206515ARsb 1 is only incidentally operated or moved upon a highway, 2 which shall include a not-for-hire movement for the 3 purpose of delivering farm commodities to a place of 4 first processing or sale, or to a place of storage; 5 (3) Any special mobile equipment as herein defined; 6 (4) Any vehicle which is propelled exclusively by 7 electric power obtained from overhead trolley wires 8 though not operated upon rails; 9 (5) Any vehicle which is equipped and used 10 exclusively as a pumper, ladder truck, rescue vehicle, 11 searchlight truck, or other fire apparatus, but not a 12 vehicle of a type which would otherwise be subject to 13 registration as a vehicle of the first division; 14 (6) Any vehicle which is owned and operated by the 15 federal government and externally displays evidence of 16 federal ownership. It is the policy of the State of 17 Illinois to promote and encourage the fullest use of its 18 highways and to enhance the flow of commerce thus 19 contributing to the economic, agricultural, industrial 20 and social growth and development of this State, by 21 authorizing the Secretary of State to negotiate and enter 22 into reciprocal or proportional agreements or 23 arrangements with other States, or to issue declarations 24 setting forth reciprocal exemptions, benefits and 25 privileges with respect to vehicles operated interstate 26 which are properly registered in this and other States, 27 assuring nevertheless proper registration of vehicles in 28 Illinois as may be required by this Code; 29 (7) Any converter dolly or tow dolly which merely 30 serves as substitute wheels for another legally licensed 31 vehicle. A title may be issued on a voluntary basis to a 32 tow dolly upon receipt of the manufacturer's certificate 33 of origin or the bill of sale; 34 (8) Any house trailer found to be an abandoned HB2265 Enrolled -5- LRB9206515ARsb 1 mobile home under the Abandoned Mobile Home Act; 2 (9) Any vehicle that is not properly registered or 3 does not have registration plates issued to the owner or 4 operator affixed thereto, or that does have registration 5 plates issued to the owner or operator affixed thereto 6 but the plates are not appropriate for the weight of the 7 vehicle, provided that this exemption shall apply only 8 while the vehicle is being transported or operated by a 9 towing service and has a third tow plate affixed to it. 10 B. Reciprocity. Any motor vehicle, trailer, semitrailer 11 or pole trailer need not be registered under this Code 12 provided the same is operated interstate and in accordance 13 with the following provisions and any rules and regulations 14 promulgated pursuant thereto: 15 (1) A nonresident owner, except as otherwise 16 provided in this Section, owning any foreign registered 17 vehicle of a type otherwise subject to registration 18 hereunder, may operate or permit the operation of such 19 vehicle within this State in interstate commerce without 20 registering such vehicle in, or paying any fees to, this 21 State subject to the condition that such vehicle at all 22 times when operated in this State is operated pursuant to 23 a reciprocity agreement, arrangement or declaration by 24 this State, and further subject to the condition that 25 such vehicle at all times when operated in this State is 26 duly registered in, and displays upon it, a valid 27 registration card and registration plate or plates issued 28 for such vehicle in the place of residence of such owner 29 and is issued and maintains in such vehicle a valid 30 Illinois reciprocity permit as required by the Secretary 31 of State, and provided like privileges are afforded to 32 residents of this State by the State of residence of such 33 owner. 34 Every nonresident including any foreign corporation HB2265 Enrolled -6- LRB9206515ARsb 1 carrying on business within this State and owning and 2 regularly operating in such business any motor vehicle, 3 trailer or semitrailer within this State in intrastate 4 commerce, shall be required to register each such vehicle 5 and pay the same fees therefor as is required with 6 reference to like vehicles owned by residents of this 7 State. 8 (2) Any motor vehicle, trailer, semitrailer and 9 pole trailer operated interstate need not be registered 10 in this State, provided: 11 (a) same is properly registered in another 12 State pursuant to law or to a reciprocity agreement, 13 arrangement or declaration; or 14 (b) that such vehicle is part of a fleet of 15 vehicles owned or operated by the same person who 16 registers such fleet of vehicles pro rata among the 17 various States in which such fleet operates; or 18 (c) that such vehicle is part of a fleet of 19 vehicles, a portion of which are registered with the 20 Secretary of State of Illinois in accordance with an 21 agreement or arrangement concurred in by the 22 Secretary of State of Illinois based on one or more 23 of the following factors: ratio of miles in Illinois 24 as against total miles in all jurisdictions; situs 25 or base of a vehicle, or where it is principally 26 garaged, or from whence it is principally dispatched 27 or where the movements of such vehicle usually 28 originate; situs of the residence of the owner or 29 operator thereof, or of his principal office or 30 offices, or of his places of business; the routes 31 traversed and whether regular or irregular routes 32 are traversed, and the jurisdictions traversed and 33 served; and such other factors as may be deemed 34 material by the Secretary and the motor vehicle HB2265 Enrolled -7- LRB9206515ARsb 1 administrators of the other jurisdictions involved 2 in such apportionment; and 3 (d) that such vehicles shall maintain therein 4 any reciprocity permit which may be required by the 5 Secretary of State pursuant to rules and regulations 6 which the Secretary of State may promulgate in the 7 administration of this Code, in the public interest. 8 (3) (a) In order to effectuate the purposes of this 9 Code, the Secretary of State of Illinois is 10 empowered to negotiate and execute written 11 reciprocal agreements or arrangements with the duly 12 authorized representatives of other jurisdictions, 13 including States, districts, territories and 14 possessions of the United States, and foreign 15 states, provinces, or countries, granting to owners 16 or operators of vehicles duly registered or licensed 17 in such other jurisdictions and for which evidence 18 of compliance is supplied, benefits, privileges and 19 exemption from the payment, wholly or partially, of 20 any taxes, fees or other charges imposed with 21 respect to the ownership or operation of such 22 vehicles by the laws of this State except the tax 23 imposed by the Motor Fuel Tax Law, approved March 24 25, 1929, as amended, and the tax imposed by the Use 25 Tax Act, approved July 14, 1955, as amended. 26 The Secretary of State may negotiate agreements 27 or arrangements as are in the best interests of this 28 State and the residents of this State pursuant to 29 the policies expressed in this Section taking into 30 consideration the reciprocal exemptions, benefits 31 and privileges available and accruing to residents 32 of this State and vehicles registered in this State. 33 (b) Such reciprocal agreements or arrangements 34 shall provide that vehicles duly registered or HB2265 Enrolled -8- LRB9206515ARsb 1 licensed in this State when operated upon the 2 highways of such other jurisdictions, shall receive 3 exemptions, benefits and privileges of a similar 4 kind or to a similar degree as extended to vehicles 5 from such jurisdictions in this State. 6 (c) Such agreements or arrangements may also 7 authorize the apportionment of registration or 8 licensing of fleets of vehicles operated interstate, 9 based on any or all of the following factors: ratio 10 of miles in Illinois as against total miles in all 11 jurisdictions; situs or base of a vehicle, or where 12 it is principally garaged or from whence it is 13 principally dispatched or where the movements of 14 such vehicle usually originate; situs of the 15 residence of the owner or operator thereof, or of 16 his principal office or offices, or of his places of 17 business; the routes traversed and whether regular 18 or irregular routes are traversed, and the 19 jurisdictions traversed and served; and such other 20 factors as may be deemed material by the Secretary 21 and the motor vehicle administrators of the other 22 jurisdictions involved in such apportionment, and 23 such vehicles shall likewise be entitled to 24 reciprocal exemptions, benefits and privileges. 25 (d) Such agreements or arrangements shall also 26 provide that vehicles being operated in intrastate 27 commerce in Illinois shall comply with the 28 registration and licensing laws of this State, 29 except that vehicles which are part of an 30 apportioned fleet may conduct an intrastate 31 operation incidental to their interstate operations. 32 Any motor vehicle properly registered and qualified 33 under any reciprocal agreement or arrangement under 34 this Code and not having a situs or base within HB2265 Enrolled -9- LRB9206515ARsb 1 Illinois may complete the inbound movement of a 2 trailer or semitrailer to an Illinois destination 3 that was brought into Illinois by a motor vehicle 4 also properly registered and qualified under this 5 Code and not having a situs or base within Illinois, 6 or may complete an outbound movement of a trailer or 7 semitrailer to an out-of-state destination that was 8 originated in Illinois by a motor vehicle also 9 properly registered and qualified under this Code 10 and not having a situs or base in Illinois, only if 11 the operator thereof did not break bulk of the cargo 12 laden in such inbound or outbound trailer or 13 semitrailer. Adding or unloading intrastate cargo on 14 such inbound or outbound trailer or semitrailer 15 shall be deemed as breaking bulk. 16 (e) Such agreements or arrangements may also 17 provide for the determination of the proper State in 18 which leased vehicles shall be registered based on 19 the factors set out in subsection (c) above and for 20 apportionment of registration of fleets of leased 21 vehicles by the lessee or by the lessor who leases 22 such vehicles to persons who are not fleet 23 operators. 24 (f) Such agreements or arrangements may also 25 include reciprocal exemptions, benefits or 26 privileges accruing under The Illinois Driver 27 Licensing Law or The Driver License Compact. 28 (4) The Secretary of State is further authorized to 29 examine the laws and requirements of other jurisdictions, 30 and, in the absence of a written agreement or 31 arrangement, to issue a written declaration of the extent 32 and nature of the exemptions, benefits and privileges 33 accorded to vehicles of this State by such other 34 jurisdictions, and the extent and nature of reciprocal HB2265 Enrolled -10- LRB9206515ARsb 1 exemptions, benefits and privileges thereby accorded by 2 this State to the vehicles of such other jurisdictions. 3 A declaration by the Secretary of State may include any, 4 part or all reciprocal exemptions, benefits and 5 privileges or provisions as may be included within an 6 agreement or arrangement. 7 (5) All agreements, arrangements, declarations and 8 amendments thereto, shall be in writing and become 9 effective when signed by the Secretary of State, and 10 copies of all such documents shall be available to the 11 public upon request. 12 (6) The Secretary of State is further authorized to 13 require the display by foreign registered trucks, 14 truck-tractors and buses, entitled to reciprocal 15 benefits, exemptions or privileges hereunder, a 16 reciprocity permit for external display before any such 17 reciprocal benefits, exemptions or privileges are 18 granted. The Secretary of State shall provide suitable 19 application forms for such permit and shall promulgate 20 and publish reasonable rules and regulations for the 21 administration and enforcement of the provisions of this 22 Code including a provision for revocation of such permit 23 as to any vehicle operated wilfully in violation of the 24 terms of any reciprocal agreement, arrangement or 25 declaration or in violation of the Illinois Motor Carrier 26 of Property Law, as amended. 27 (7) (a) Upon the suspension, revocation or denial 28 of one or more of all reciprocal benefits, 29 privileges and exemptions existing pursuant to the 30 terms and provisions of this Code or by virtue of a 31 reciprocal agreement or arrangement or declaration 32 thereunder; or, upon the suspension, revocation or 33 denial of a reciprocity permit; or, upon any action 34 or inaction of the Secretary in the administration HB2265 Enrolled -11- LRB9206515ARsb 1 and enforcement of the provisions of this Code, any 2 person, resident or nonresident, so aggrieved, may 3 serve upon the Secretary, a petition in writing and 4 under oath, setting forth the grievance of the 5 petitioner, the grounds and basis for the relief 6 sought, and all necessary facts and particulars, and 7 request an administrative hearing thereon. Within 8 20 days, the Secretary shall set a hearing date as 9 early as practical. The Secretary may, in his 10 discretion, supply forms for such a petition. The 11 Secretary may require the payment of a fee of not 12 more than $50 for the filing of any petition, 13 motion, or request for hearing conducted pursuant to 14 this Section. These fees must be deposited into the 15 Secretary of State DUI Administration Fund, a 16 special fund that is hereby created in the State 17 treasury, and, subject to appropriation and as 18 directed by the Secretary of State, shall be used to 19 fund the operation of the hearings department of the 20 Office of the Secretary of State and for no other 21 purpose. The Secretary shall establish by rule the 22 amount and the procedures, terms, and conditions 23 relating to these fees. 24 (b) The Secretary may likewise, in his 25 discretion and upon his own petition, order a 26 hearing, when in his best judgment, any person is 27 not entitled to the reciprocal benefits, privileges 28 and exemptions existing pursuant to the terms and 29 provisions of this Code or under a reciprocal 30 agreement or arrangement or declaration thereunder 31 or that a vehicle owned or operated by such person 32 is improperly registered or licensed, or that an 33 Illinois resident has improperly registered or 34 licensed a vehicle in another jurisdiction for the HB2265 Enrolled -12- LRB9206515ARsb 1 purposes of violating or avoiding the registration 2 laws of this State. 3 (c) The Secretary shall notify a petitioner or 4 any other person involved of such a hearing, by 5 giving at least 10 days notice, in writing, by U.S. 6 Mail, Registered or Certified, or by personal 7 service, at the last known address of such 8 petitioner or person, specifying the time and place 9 of such hearing. Such hearing shall be held before 10 the Secretary, or any person as he may designate, 11 and unless the parties mutually agree to some other 12 county in Illinois, the hearing shall be held in the 13 County of Sangamon or the County of Cook. 14 Appropriate records of the hearing shall be kept, 15 and the Secretary shall issue or cause to be issued, 16 his decision on the case, within 30 days after the 17 close of such hearing or within 30 days after 18 receipt of the transcript thereof, and a copy shall 19 likewise be served or mailed to the petitioner or 20 person involved. 21 (d) The actions or inactions or 22 determinations, or findings and decisions upon an 23 administrative hearing, of the Secretary, shall be 24 subject to judicial review in the Circuit Court of 25 the County of Sangamon or the County of Cook, and 26 the provisions of the Administrative Review Law, and 27 all amendments and modifications thereof and rules 28 adopted pursuant thereto, apply to and govern all 29 such reviewable matters. 30 Any reciprocal agreements or arrangements 31 entered into by the Secretary of State or any 32 declarations issued by the Secretary of State 33 pursuant to any law in effect prior to the effective 34 date of this Code are not hereby abrogated, and such HB2265 Enrolled -13- LRB9206515ARsb 1 shall continue in force and effect until amended 2 pursuant to the provisions of this Code or expire 3 pursuant to the terms or provisions thereof. 4 (Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.) 5 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 6 Sec. 6-205. Mandatory revocation of license or permit; 7 Hardship cases. 8 (a) Except as provided in this Section, the Secretary of 9 State shall immediately revoke the license or permit of any 10 driver upon receiving a report of the driver's conviction of 11 any of the following offenses: 12 1. Reckless homicide resulting from the operation 13 of a motor vehicle; 14 2. Violation of Section 11-501 of this Code or a 15 similar provision of a local ordinance relating to the 16 offense of operating or being in physical control of a 17 vehicle while under the influence of alcohol, other drug 18 or drugs, intoxicating compound or compounds, or any 19 combination thereof; 20 3. Any felony under the laws of any State or the 21 federal government in the commission of which a motor 22 vehicle was used; 23 4. Violation of Section 11-401 of this Code 24 relating to the offense of leaving the scene of a traffic 25 accident involving death or personal injury; 26 5. Perjury or the making of a false affidavit or 27 statement under oath to the Secretary of State under this 28 Code or under any other law relating to the ownership or 29 operation of motor vehicles; 30 6. Conviction upon 3 charges of violation of 31 Section 11-503 of this Code relating to the offense of 32 reckless driving committed within a period of 12 months; 33 7. Conviction of the offense of automobile theft as HB2265 Enrolled -14- LRB9206515ARsb 1 defined in Section 4-102 of this Code; 2 8. Violation of Section 11-504 of this Code 3 relating to the offense of drag racing; 4 9. Violation of Chapters 8 and 9 of this Code; 5 10. Violation of Section 12-5 of the Criminal Code 6 of 1961 arising from the use of a motor vehicle; 7 11. Violation of Section 11-204.1 of this Code 8 relating to aggravated fleeing or attempting to elude a 9 police officer; 10 12. Violation of paragraph (1) of subsection (b) of 11 Section 6-507, or a similar law of any other state, 12 relating to the unlawful operation of a commercial motor 13 vehicle; 14 13. Violation of paragraph (a) of Section 11-502 of 15 this Code or a similar provision of a local ordinance if 16 the driver has been previously convicted of a violation 17 of that Section or a similar provision of a local 18 ordinance and the driver was less than 21 years of age at 19 the time of the offense. 20 (b) The Secretary of State shall also immediately revoke 21 the license or permit of any driver in the following 22 situations: 23 1. Of any minor upon receiving the notice provided 24 for in Section 5-901 of the Juvenile Court Act of 1987 25 that the minor has been adjudicated under that Act as 26 having committed an offense relating to motor vehicles 27 prescribed in Section 4-103 of this Code; 28 2. Of any person when any other law of this State 29 requires either the revocation or suspension of a license 30 or permit. 31 (c) Whenever a person is convicted of any of the 32 offenses enumerated in this Section, the court may recommend 33 and the Secretary of State in his discretion, without regard 34 to whether the recommendation is made by the court may, upon HB2265 Enrolled -15- LRB9206515ARsb 1 application, issue to the person a restricted driving permit 2 granting the privilege of driving a motor vehicle between the 3 petitioner's residence and petitioner's place of employment 4 or within the scope of the petitioner's employment related 5 duties, or to allow transportation for the petitioner or a 6 household member of the petitioner's family for the receipt 7 of necessary medical care or, if the professional evaluation 8 indicates, provide transportation for the petitioner for 9 alcohol remedial or rehabilitative activity, or for the 10 petitioner to attend classes, as a student, in an accredited 11 educational institution; if the petitioner is able to 12 demonstrate that no alternative means of transportation is 13 reasonably available and the petitioner will not endanger the 14 public safety or welfare; provided that the Secretary's 15 discretion shall be limited to cases where undue hardship 16 would result from a failure to issue the restricted driving 17 permit. 18 If a person's license or permit has been revoked or 19 suspended due to 2 or more convictions of violating Section 20 11-501 of this Code or a similar provision of a local 21 ordinance or a similar out-of-state offense, arising out of 22 separate occurrences, that person, if issued a restricted 23 driving permit, may not operate a vehicle unless it has been 24 equipped with an ignition interlock device as defined in 25 Section 1-129.1. 26 If a person's license or permit has been revoked or 27 suspended 2 or more times within a 10 year period due to a 28 single conviction of violating Section 11-501 of this Code or 29 a similar provision of a local ordinance or a similar 30 out-of-state offense, and a statutory summary suspension 31 under Section 11-501.1, or 2 or more statutory summary 32 suspensions, or combination of 2 offenses, or of an offense 33 and a statutory summary suspension, arising out of separate 34 occurrences, that person, if issued a restricted driving HB2265 Enrolled -16- LRB9206515ARsb 1 permit, may not operate a vehicle unless it has been equipped 2 with an ignition interlock device as defined in Section 3 1-129.1. The person must pay to the Secretary of State DUI 4 Administration Fund an amount not to exceed $20 per month. 5 The Secretary shall establish by rule the amount and the 6 procedures, terms, and conditions relating to these fees. If 7 the Restricted Driving Permit was issued for employment 8 purposes, then this provision does not apply to the operation 9 of an occupational vehicle owned or leased by that person's 10 employer. In each case the Secretary of State may issue a 11 restricted driving permit for a period he deems appropriate, 12 except that the permit shall expire within one year from the 13 date of issuance. The Secretary may not, however, issue a 14 restricted driving permit to any person whose current 15 revocation is the result of a second or subsequent conviction 16 for a violation of Section 11-501 of this Code or a similar 17 provision of a local ordinance relating to the offense of 18 operating or being in physical control of a motor vehicle 19 while under the influence of alcohol, other drug or drugs, 20 intoxicating compound or compounds, or any similar 21 out-of-state offense, or any combination thereof, until the 22 expiration of at least one year from the date of the 23 revocation. A restricted driving permit issued under this 24 Section shall be subject to cancellation, revocation, and 25 suspension by the Secretary of State in like manner and for 26 like cause as a driver's license issued under this Code may 27 be cancelled, revoked, or suspended; except that a conviction 28 upon one or more offenses against laws or ordinances 29 regulating the movement of traffic shall be deemed sufficient 30 cause for the revocation, suspension, or cancellation of a 31 restricted driving permit. The Secretary of State may, as a 32 condition to the issuance of a restricted driving permit, 33 require the applicant to participate in a designated driver 34 remedial or rehabilitative program. The Secretary of State is HB2265 Enrolled -17- LRB9206515ARsb 1 authorized to cancel a restricted driving permit if the 2 permit holder does not successfully complete the program. 3 However, if an individual's driving privileges have been 4 revoked in accordance with paragraph 13 of subsection (a) of 5 this Section, no restricted driving permit shall be issued 6 until the individual has served 6 months of the revocation 7 period. 8 (d) Whenever a person under the age of 21 is convicted 9 under Section 11-501 of this Code or a similar provision of a 10 local ordinance, the Secretary of State shall revoke the 11 driving privileges of that person. One year after the date 12 of revocation, and upon application, the Secretary of State 13 may, if satisfied that the person applying will not endanger 14 the public safety or welfare, issue a restricted driving 15 permit granting the privilege of driving a motor vehicle only 16 between the hours of 5 a.m. and 9 p.m. or as otherwise 17 provided by this Section for a period of one year. After 18 this one year period, and upon reapplication for a license as 19 provided in Section 6-106, upon payment of the appropriate 20 reinstatement fee provided under paragraph (b) of Section 21 6-118, the Secretary of State, in his discretion, may issue 22 the applicant a license, or extend the restricted driving 23 permit as many times as the Secretary of State deems 24 appropriate, by additional periods of not more than 12 months 25 each, until the applicant attains 21 years of age. 26 If a person's license or permit has been revoked or 27 suspended due to 2 or more convictions of violating Section 28 11-501 of this Code or a similar provision of a local 29 ordinance or a similar out-of-state offense, arising out of 30 separate occurrences, that person, if issued a restricted 31 driving permit, may not operate a vehicle unless it has been 32 equipped with an ignition interlock device as defined in 33 Section 1-129.1. 34 If a person's license or permit has been revoked or HB2265 Enrolled -18- LRB9206515ARsb 1 suspended 2 or more times within a 10 year period due to a 2 single conviction of violating Section 11-501 of this Code or 3 a similar provision of a local ordinance or a similar 4 out-of-state offense, and a statutory summary suspension 5 under Section 11-501.1, or 2 or more statutory summary 6 suspensions, or combination of 2 offenses, or of an offense 7 and a statutory summary suspension, arising out of separate 8 occurrences, that person, if issued a restricted driving 9 permit, may not operate a vehicle unless it has been equipped 10 with an ignition interlock device as defined in Section 11 1-129.1. The person must pay to the Secretary of State DUI 12 Administration Fund an amount not to exceed $20 per month. 13 The Secretary shall establish by rule the amount and the 14 procedures, terms, and conditions relating to these fees. If 15 the Restricted Driving Permit was issued for employment 16 purposes, then this provision does not apply to the operation 17 of an occupational vehicle owned or leased by that person's 18 employer. A restricted driving permit issued under this 19 Section shall be subject to cancellation, revocation, and 20 suspension by the Secretary of State in like manner and for 21 like cause as a driver's license issued under this Code may 22 be cancelled, revoked, or suspended; except that a conviction 23 upon one or more offenses against laws or ordinances 24 regulating the movement of traffic shall be deemed sufficient 25 cause for the revocation, suspension, or cancellation of a 26 restricted driving permit.Any person under 21 years of age27who has a driver's license revoked for a second or subsequent28conviction for driving under the influence, prior to the age29of 21, shall not be eligible to submit an application for a30full reinstatement of driving privileges or a restricted31driving permit until age 21 or one additional year from the32date of the latest such revocation, whichever is the longer.33 The revocation periods contained in this subparagraph shall 34 apply to similar out-of-state convictions. HB2265 Enrolled -19- LRB9206515ARsb 1 (e) This Section is subject to the provisions of the 2 Driver License Compact. 3 (f) Any revocation imposed upon any person under 4 subsections 2 and 3 of paragraph (b) that is in effect on 5 December 31, 1988 shall be converted to a suspension for a 6 like period of time. 7 (g) 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 revoked under any provisions of 10 this Code. 11 (h) The Secretary of State may use ignition interlock 12 device requirements when granting driving relief to 13 individuals who have been arrested for a second or subsequent 14 offense under Section 11-501 of this Code or a similar 15 provision of a local ordinance. The Secretary shall 16 establish by rule and regulation the procedures for use of 17 the interlock system. 18 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 19 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff. 20 7-29-99.) 21 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 22 Sec. 6-206. Discretionary authority to suspend or revoke 23 license or permit; Right to a hearing. 24 (a) The Secretary of State is authorized to suspend or 25 revoke the driving privileges of any person without 26 preliminary hearing upon a showing of the person's records or 27 other sufficient evidence that the person: 28 1. Has committed an offense for which mandatory 29 revocation of a driver's license or permit is required 30 upon conviction; 31 2. Has been convicted of not less than 3 offenses 32 against traffic regulations governing the movement of 33 vehicles committed within any 12 month period. No HB2265 Enrolled -20- LRB9206515ARsb 1 revocation or suspension shall be entered more than 6 2 months after the date of last conviction; 3 3. Has been repeatedly involved as a driver in 4 motor vehicle collisions or has been repeatedly convicted 5 of offenses against laws and ordinances regulating the 6 movement of traffic, to a degree that indicates lack of 7 ability to exercise ordinary and reasonable care in the 8 safe operation of a motor vehicle or disrespect for the 9 traffic laws and the safety of other persons upon the 10 highway; 11 4. Has by the unlawful operation of a motor vehicle 12 caused or contributed to an accident resulting in death 13 or injury requiring immediate professional treatment in a 14 medical facility or doctor's office to any person, except 15 that any suspension or revocation imposed by the 16 Secretary of State under the provisions of this 17 subsection shall start no later than 6 months after being 18 convicted of violating a law or ordinance regulating the 19 movement of traffic, which violation is related to the 20 accident, or shall start not more than one year after the 21 date of the accident, whichever date occurs later; 22 5. Has permitted an unlawful or fraudulent use of a 23 driver's license, identification card, or permit; 24 6. Has been lawfully convicted of an offense or 25 offenses in another state, including the authorization 26 contained in Section 6-203.1, which if committed within 27 this State would be grounds for suspension or revocation; 28 7. Has refused or failed to submit to an 29 examination provided for by Section 6-207 or has failed 30 to pass the examination; 31 8. Is ineligible for a driver's license or permit 32 under the provisions of Section 6-103; 33 9. Has made a false statement or knowingly 34 concealed a material fact or has used false information HB2265 Enrolled -21- LRB9206515ARsb 1 or identification in any application for a license, 2 identification card, or permit; 3 10. Has possessed, displayed, or attempted to 4 fraudulently use any license, identification card, or 5 permit not issued to the person; 6 11. Has operated a motor vehicle upon a highway of 7 this State when the person's driving privilege or 8 privilege to obtain a driver's license or permit was 9 revoked or suspended unless the operation was authorized 10 by a judicial driving permit, probationary license to 11 drive, or a restricted driving permit issued under this 12 Code; 13 12. Has submitted to any portion of the application 14 process for another person or has obtained the services 15 of another person to submit to any portion of the 16 application process for the purpose of obtaining a 17 license, identification card, or permit for some other 18 person; 19 13. Has operated a motor vehicle upon a highway of 20 this State when the person's driver's license or permit 21 was invalid under the provisions of Sections 6-107.1 and 22 6-110; 23 14. Has committed a violation of Section 6-301, 24 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 25 14B of the Illinois Identification Card Act; 26 15. Has been convicted of violating Section 21-2 of 27 the Criminal Code of 1961 relating to criminal trespass 28 to vehicles in which case, the suspension shall be for 29 one year; 30 16. Has been convicted of violating Section 11-204 31 of this Code relating to fleeing from a police officer; 32 17. Has refused to submit to a test, or tests, as 33 required under Section 11-501.1 of this Code and the 34 person has not sought a hearing as provided for in HB2265 Enrolled -22- LRB9206515ARsb 1 Section 11-501.1; 2 18. Has, since issuance of a driver's license or 3 permit, been adjudged to be afflicted with or suffering 4 from any mental disability or disease; 5 19. Has committed a violation of paragraph (a) or 6 (b) of Section 6-101 relating to driving without a 7 driver's license; 8 20. Has been convicted of violating Section 6-104 9 relating to classification of driver's license; 10 21. Has been convicted of violating Section 11-402 11 of this Code relating to leaving the scene of an accident 12 resulting in damage to a vehicle in excess of $1,000, in 13 which case the suspension shall be for one year; 14 22. Has used a motor vehicle in violating paragraph 15 (3), (4), (7), or (9) of subsection (a) of Section 24-1 16 of the Criminal Code of 1961 relating to unlawful use of 17 weapons, in which case the suspension shall be for one 18 year; 19 23. Has, as a driver, been convicted of committing 20 a violation of paragraph (a) of Section 11-502 of this 21 Code for a second or subsequent time within one year of a 22 similar violation; 23 24. Has been convicted by a court-martial or 24 punished by non-judicial punishment by military 25 authorities of the United States at a military 26 installation in Illinois of or for a traffic related 27 offense that is the same as or similar to an offense 28 specified under Section 6-205 or 6-206 of this Code; 29 25. Has permitted any form of identification to be 30 used by another in the application process in order to 31 obtain or attempt to obtain a license, identification 32 card, or permit; 33 26. Has altered or attempted to alter a license or 34 has possessed an altered license, identification card, or HB2265 Enrolled -23- LRB9206515ARsb 1 permit; 2 27. Has violated Section 6-16 of the Liquor Control 3 Act of 1934; 4 28. Has been convicted of the illegal possession, 5 while operating or in actual physical control, as a 6 driver, of a motor vehicle, of any controlled substance 7 prohibited under the Illinois Controlled Substances Act 8 or any cannabis prohibited under the provisions of the 9 Cannabis Control Act, in which case the person's driving 10 privileges shall be suspended for one year, and any 11 driver who is convicted of a second or subsequent 12 offense, within 5 years of a previous conviction, for the 13 illegal possession, while operating or in actual physical 14 control, as a driver, of a motor vehicle, of any 15 controlled substance prohibited under the provisions of 16 the Illinois Controlled Substances Act or any cannabis 17 prohibited under the Cannabis Control Act shall be 18 suspended for 5 years. Any defendant found guilty of this 19 offense while operating a motor vehicle, shall have an 20 entry made in the court record by the presiding judge 21 that this offense did occur while the defendant was 22 operating a motor vehicle and order the clerk of the 23 court to report the violation to the Secretary of State; 24 29. Has been convicted of the following offenses 25 that were committed while the person was operating or in 26 actual physical control, as a driver, of a motor vehicle: 27 criminal sexual assault, predatory criminal sexual 28 assault of a child, aggravated criminal sexual assault, 29 criminal sexual abuse, aggravated criminal sexual abuse, 30 juvenile pimping, soliciting for a juvenile prostitute 31 and the manufacture, sale or delivery of controlled 32 substances or instruments used for illegal drug use or 33 abuse in which case the driver's driving privileges shall 34 be suspended for one year; HB2265 Enrolled -24- LRB9206515ARsb 1 30. Has been convicted a second or subsequent time 2 for any combination of the offenses named in paragraph 29 3 of this subsection, in which case the person's driving 4 privileges shall be suspended for 5 years; 5 31. Has refused to submit to a test as required by 6 Section 11-501.6 or has submitted to a test resulting in 7 an alcohol concentration of 0.08 or more or any amount of 8 a drug, substance, or compound resulting from the 9 unlawful use or consumption of cannabis as listed in the 10 Cannabis Control Act or a controlled substance as listed 11 in the Illinois Controlled Substances Act in which case 12 the penalty shall be as prescribed in Section 6-208.1; 13 32. Has been convicted of Section 24-1.2 of the 14 Criminal Code of 1961 relating to the aggravated 15 discharge of a firearm if the offender was located in a 16 motor vehicle at the time the firearm was discharged, in 17 which case the suspension shall be for 3 years; 18 33. Has as a driver, who was less than 21 years of 19 age on the date of the offense, been convicted a first 20 time of a violation of paragraph (a) of Section 11-502 of 21 this Code or a similar provision of a local ordinance; 22 34. Has committed a violation of Section 11-1301.5 23 of this Code; 24 35. Has committed a violation of Section 11-1301.6 25 of this Code; or 26 36. Is under the age of 21 years at the time of 27 arrest and has been convicted of not less than 2 28 offenses against traffic regulations governing the 29 movement of vehicles committed within any 24 month 30 period. No revocation or suspension shall be entered 31 more than 6 months after the date of last conviction. 32 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 33 and 27 of this subsection, license means any driver's 34 license, any traffic ticket issued when the person's driver's HB2265 Enrolled -25- LRB9206515ARsb 1 license is deposited in lieu of bail, a suspension notice 2 issued by the Secretary of State, a duplicate or corrected 3 driver's license, a probationary driver's license or a 4 temporary driver's license. 5 (b) If any conviction forming the basis of a suspension 6 or revocation authorized under this Section is appealed, the 7 Secretary of State may rescind or withhold the entry of the 8 order of suspension or revocation, as the case may be, 9 provided that a certified copy of a stay order of a court is 10 filed with the Secretary of State. If the conviction is 11 affirmed on appeal, the date of the conviction shall relate 12 back to the time the original judgment of conviction was 13 entered and the 6 month limitation prescribed shall not 14 apply. 15 (c) 1. Upon suspending or revoking the driver's license 16 or permit of any person as authorized in this Section, 17 the Secretary of State shall immediately notify the 18 person in writing of the revocation or suspension. The 19 notice to be deposited in the United States mail, postage 20 prepaid, to the last known address of the person. 21 2. If the Secretary of State suspends the driver's 22 license of a person under subsection 2 of paragraph (a) 23 of this Section, a person's privilege to operate a 24 vehicle as an occupation shall not be suspended, provided 25 an affidavit is properly completed, the appropriate fee 26 received, and a permit issued prior to the effective date 27 of the suspension, unless 5 offenses were committed, at 28 least 2 of which occurred while operating a commercial 29 vehicle in connection with the driver's regular 30 occupation. All other driving privileges shall be 31 suspended by the Secretary of State. Any driver prior to 32 operating a vehicle for occupational purposes only must 33 submit the affidavit on forms to be provided by the 34 Secretary of State setting forth the facts of the HB2265 Enrolled -26- LRB9206515ARsb 1 person's occupation. The affidavit shall also state the 2 number of offenses committed while operating a vehicle in 3 connection with the driver's regular occupation. The 4 affidavit shall be accompanied by the driver's license. 5 Upon receipt of a properly completed affidavit, the 6 Secretary of State shall issue the driver a permit to 7 operate a vehicle in connection with the driver's regular 8 occupation only. Unless the permit is issued by the 9 Secretary of State prior to the date of suspension, the 10 privilege to drive any motor vehicle shall be suspended 11 as set forth in the notice that was mailed under this 12 Section. If an affidavit is received subsequent to the 13 effective date of this suspension, a permit may be issued 14 for the remainder of the suspension period. 15 The provisions of this subparagraph shall not apply 16 to any driver required to obtain a commercial driver's 17 license under Section 6-507 during the period of a 18 disqualification of commercial driving privileges under 19 Section 6-514. 20 Any person who falsely states any fact in the 21 affidavit required herein shall be guilty of perjury 22 under Section 6-302 and upon conviction thereof shall 23 have all driving privileges revoked without further 24 rights. 25 3. At the conclusion of a hearing under Section 26 2-118 of this Code, the Secretary of State shall either 27 rescind or continue an order of revocation or shall 28 substitute an order of suspension; or, good cause 29 appearing therefor, rescind, continue, change, or extend 30 the order of suspension. If the Secretary of State does 31 not rescind the order, the Secretary may upon 32 application, to relieve undue hardship, issue a 33 restricted driving permit granting the privilege of 34 driving a motor vehicle between the petitioner's HB2265 Enrolled -27- LRB9206515ARsb 1 residence and petitioner's place of employment or within 2 the scope of his employment related duties, or to allow 3 transportation for the petitioner, or a household member 4 of the petitioner's family, to receive necessary medical 5 care and if the professional evaluation indicates, 6 provide transportation for alcohol remedial or 7 rehabilitative activity, or for the petitioner to attend 8 classes, as a student, in an accredited educational 9 institution; if the petitioner is able to demonstrate 10 that no alternative means of transportation is reasonably 11 available and the petitioner will not endanger the public 12 safety or welfare. 13 If a person's license or permit has been revoked or 14 suspended due to 2 or more convictions of violating 15 Section 11-501 of this Code or a similar provision of a 16 local ordinance or a similar out-of-state offense, 17 arising out of separate occurrences, that person, if 18 issued a restricted driving permit, may not operate a 19 vehicle unless it has been equipped with an ignition 20 interlock device as defined in Section 1-129.1. 21 If a person's license or permit has been revoked or 22 suspended 2 or more times within a 10 year period due to 23 a single conviction of violating Section 11-501 of this 24 Code or a similar provision of a local ordinance or a 25 similar out-of-state offense, and a statutory summary 26 suspension under Section 11-501.1, or 2 or more statutory 27 summary suspensions, or combination of 2 offenses, or of 28 an offense and a statutory summary suspension, arising 29 out of separate occurrences, that person, if issued a 30 restricted driving permit, may not operate a vehicle 31 unless it has been equipped with an ignition interlock 32 device as defined in Section 1-129.1. The person must pay 33 to the Secretary of State DUI Administration Fund an 34 amount not to exceed $20 per month. The Secretary shall HB2265 Enrolled -28- LRB9206515ARsb 1 establish by rule the amount and the procedures, terms, 2 and conditions relating to these fees. If the Restricted 3 Driving Permit was issued for employment purposes, then 4 this provision does not apply to the operation of an 5 occupational vehicle owned or leased by that person's 6 employer. In each case the Secretary may issue a 7 restricted driving permit for a period deemed 8 appropriate, except that all permits shall expire within 9 one year from the date of issuance. The Secretary may 10 not, however, issue a restricted driving permit to any 11 person whose current revocation is the result of a second 12 or subsequent conviction for a violation of Section 13 11-501 of this Code or a similar provision of a local 14 ordinance relating to the offense of operating or being 15 in physical control of a motor vehicle while under the 16 influence of alcohol, other drug or drugs, intoxicating 17 compound or compounds, or any similar out-of-state 18 offense, or any combination of those offenses, until the 19 expiration of at least one year from the date of the 20 revocation. A restricted driving permit issued under this 21 Section shall be subject to cancellation, revocation, and 22 suspension by the Secretary of State in like manner and 23 for like cause as a driver's license issued under this 24 Code may be cancelled, revoked, or suspended; except that 25 a conviction upon one or more offenses against laws or 26 ordinances regulating the movement of traffic shall be 27 deemed sufficient cause for the revocation, suspension, 28 or cancellation of a restricted driving permit. The 29 Secretary of State may, as a condition to the issuance of 30 a restricted driving permit, require the applicant to 31 participate in a designated driver remedial or 32 rehabilitative program. The Secretary of State is 33 authorized to cancel a restricted driving permit if the 34 permit holder does not successfully complete the program. HB2265 Enrolled -29- LRB9206515ARsb 1 (c-5) The Secretary of State may, as a condition of the 2 reissuance of a driver's license or permit to an applicant 3 under the age of 18 years whose driver's license or permit 4 has been suspended pursuant to any of the provisions of this 5 Section, require the applicant to participate in a driver 6 remedial education course and be retested under Section 6-109 7 of this Code. 8 (d) This Section is subject to the provisions of the 9 Drivers License Compact. 10 (e) The Secretary of State shall not issue a restricted 11 driving permit to a person under the age of 16 years whose 12 driving privileges have been suspended or revoked under any 13 provisions of this Code. 14 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 15 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 16 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 17 (625 ILCS 5/6-206.2) 18 Sec. 6-206.2. Violations relating to an ignition 19 interlock device. 20 (a) It is unlawful for any person whose driving 21 privilege is restricted by being prohibited from operating a 22 motor vehicle not equipped with an ignition interlock device 23 to request or solicit any other person to blow into an 24 ignition interlock device or to start a motor vehicle 25 equipped with the device for the purpose of providing the 26 person so restricted with an operable motor vehicle. 27 (b) It is unlawful to blow into an ignition interlock 28 device or to start a motor vehicle equipped with the device 29 for the purpose of providing an operable motor vehicle to a 30 person whose driving privilege is restricted by being 31 prohibited from operating a motor vehicle not equipped with 32 an ignition interlock device. 33 (c) It is unlawful to tamper with, or circumvent the HB2265 Enrolled -30- LRB9206515ARsb 1 operation of, an ignition interlock device. 2 (d) Except as provided in subsection (c)(17) of Section 3 5-6-3.1 of the Unified Code of Corrections or by rule, no 4 person shall knowingly rent, lease, or lend a motor vehicle 5 to a person known to have his or her driving privilege 6 restricted by being prohibited from operating a vehicle not 7 equipped with an ignition interlock device, unless the 8 vehicle is equipped with a functioning ignition interlock 9 device. Any person whose driving privilege is so restricted 10 shall notify any person intending to rent, lease, or loan a 11 motor vehicle to the restricted person of the driving 12 restriction imposed upon him or her. 13 A person convicted of a violation of this subsection 14 shall be punished by imprisonment for not more than 6 months 15 or by a fine of not more than $5,000, or both. 16 (e) If a person prohibited under paragraph (2) or 17 paragraph (3) of subsection (c-4) of Section 11-501 from 18 driving any vehicle not equipped with an ignition interlock 19 device nevertheless is convicted of driving a vehicle that is 20 not equipped with the device, that person is prohibited from 21 driving any vehicle not equipped with an ignition interlock 22 device for an additional period of time equal to the initial 23 time period that the person was required to use an ignition 24 interlock device. 25 (Source: P.A. 91-127, eff. 1-1-00.) 26 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 27 Sec. 6-208. Period of Suspension - Application After 28 Revocation. 29 (a) Except as otherwise provided by this Code or any 30 other law of this State, the Secretary of State shall not 31 suspend a driver's license, permit or privilege to drive a 32 motor vehicle on the highways for a period of more than one 33 year. HB2265 Enrolled -31- LRB9206515ARsb 1 (b) Any person whose license, permit or privilege to 2 drive a motor vehicle on the highways has been revoked shall 3 not be entitled to have such license, permit or privilege 4 renewed or restored. However, such person may, except as 5 provided under subsection (d) of Section 6-205, make 6 application for a license pursuant to Section 6-106 (i) if 7 the revocation was for a cause which has been removed or (ii) 8 as provided in the following subparagraphs: 9 1. Except as provided in subparagraphs 2, 3, and 4, 10 the person may make application for a license after the 11 expiration of one year from the effective date of the 12 revocation or, in the case of a violation of paragraph 13 (b) of Section 11-401 of this Code or a similar provision 14 of a local ordinance, after the expiration of 3 years 15 from the effective date of the revocation or, in the case 16 of a violation of Section 9-3 of the Criminal Code of 17 1961 relating to the offense of reckless homicide, after 18 the expiration of 2 years from the effective date of the 19 revocation. 20 2. If such person is convicted of committing a 21 second violation within a 20 year period of: 22 (A) Section 11-501 of this Code, or a similar 23 provision of a local ordinance; or 24 (B) Paragraph (b) of Section 11-401 of this 25 Code, or a similar provision of a local ordinance; 26 or 27 (C) Section 9-3 of the Criminal Code of 1961, 28 as amended, relating to the offense of reckless 29 homicide; or 30 (D) any combination of the above offenses 31 committed at different instances; 32 then such person may not make application for a license 33 until after the expiration of 5 years from the effective 34 date of the most recent revocation. The 20 year period HB2265 Enrolled -32- LRB9206515ARsb 1 shall be computed by using the dates the offenses were 2 committed and shall also include similar out-of-state 3 offenses. 4 3. However, except as provided in subparagraph 4, 5 if such person is convicted of committing a third, or 6 subsequent, violation or any combination of the above 7 offenses, including similar out-of-state offenses, 8 contained in subparagraph 2, then such person may not 9 make application for a license until after the expiration 10 of 10 years from the effective date of the most recent 11 revocation. 12 4. The person may not make application for a 13 license if the person is convicted of committing a fourth 14 or subsequent violation of Section 11-501 of this Code or 15 a similar provision of a local ordinance, paragraph (b) 16 of Section 11-401 of this Code, Section 9-3 of the 17 Criminal Code of 1961, or a combination of these offenses 18 or similar provisions of local ordinances or similar 19 out-of-state offensesif the original revocation or20suspension was for a violation of Section 11-501 or2111-501.1 of this Code or a similar provision of a local22ordinance. 23 Notwithstanding any other provision of this Code, all 24 persons referred to in this paragraph (b) may not have their 25 privileges restored until the Secretary receives payment of 26 the required reinstatement fee pursuant to subsection (b) of 27 Section 6-118. 28 In no event shall the Secretary issue such license unless 29 and until such person has had a hearing pursuant to this Code 30 and the appropriate administrative rules and the Secretary is 31 satisfied, after a review or investigation of such person, 32 that to grant the privilege of driving a motor vehicle on the 33 highways will not endanger the public safety or welfare. 34 (c) If a person prohibited under paragraph (2) or HB2265 Enrolled -33- LRB9206515ARsb 1 paragraph (3) of subsection (c-4) of Section 11-501 from 2 driving any vehicle not equipped with an ignition interlock 3 device nevertheless is convicted of driving a vehicle that is 4 not equipped with the device, that person is prohibited from 5 driving any vehicle not equipped with an ignition interlock 6 device for an additional period of time equal to the initial 7 time period that the person was required to use an ignition 8 interlock device. 9 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99; 10 91-357, eff. 7-29-99.) 11 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 12 Sec. 11-501. Driving while under the influence of 13 alcohol, other drug or drugs, intoxicating compound or 14 compounds or any combination thereof. 15 (a) A person shall not drive or be in actual physical 16 control of any vehicle within this State while: 17 (1) the alcohol concentration in the person's blood 18 or breath is 0.08 or more based on the definition of 19 blood and breath units in Section 11-501.2; 20 (2) under the influence of alcohol; 21 (3) under the influence of any intoxicating 22 compound or combination of intoxicating compounds to a 23 degree that renders the person incapable of driving 24 safely; 25 (4) under the influence of any other drug or 26 combination of drugs to a degree that renders the person 27 incapable of safely driving; 28 (5) under the combined influence of alcohol, other 29 drug or drugs, or intoxicating compound or compounds to a 30 degree that renders the person incapable of safely 31 driving; or 32 (6) there is any amount of a drug, substance, or 33 compound in the person's breath, blood, or urine HB2265 Enrolled -34- LRB9206515ARsb 1 resulting from the unlawful use or consumption of 2 cannabis listed in the Cannabis Control Act, a controlled 3 substance listed in the Illinois Controlled Substances 4 Act, or an intoxicating compound listed in the Use of 5 Intoxicating Compounds Act. 6 (b) The fact that any person charged with violating this 7 Section is or has been legally entitled to use alcohol, other 8 drug or drugs, or intoxicating compound or compounds, or any 9 combination thereof, shall not constitute a defense against 10 any charge of violating this Section. 11 (c) Except as provided under paragraphs (c-3), (c-4), 12 and (d) of this Section, every person convicted of violating 13 this Section or a similar provision of a local ordinance, 14 shall be guilty of a Class A misdemeanor and, in addition to 15 any other criminal or administrative action, for any second 16 conviction of violating this Section or a similar provision 17 of a law of another state or local ordinance committed within 18 5 years of a previous violation of this Section or a similar 19 provision of a local ordinance shall be mandatorily sentenced 20 to a minimum of 48 consecutive hours of imprisonment or 21 assigned to a minimum of 100 hours of community service as 22 may be determined by the court. Every person convicted of 23 violating this Section or a similar provision of a local 24 ordinance shall be subject to a mandatory minimum fine of 25 $500 and a mandatory 5 days of community service in a program 26 benefiting children if the person committed a violation of 27 paragraph (a) or a similar provision of a local ordinance 28 while transporting a person under age 16. Every person 29 convicted a second time for violating this Section or a 30 similar provision of a local ordinance within 5 years of a 31 previous violation of this Section or a similar provision of 32 a law of another state or local ordinance shall be subject to 33 a mandatory minimum fine of $500 and 10 days of mandatory 34 community service in a program benefiting children if the HB2265 Enrolled -35- LRB9206515ARsb 1 current offense was committed while transporting a person 2 under age 16. The imprisonment or assignment under this 3 subsection shall not be subject to suspension nor shall the 4 person be eligible for probation in order to reduce the 5 sentence or assignment. 6 (c-1) (1) A person who violates this Section during a 7 period in which his or her driving privileges are revoked 8 or suspended, where the revocation or suspension was for 9 a violation of this Section, Section 11-501.1, paragraph 10 (b) of Section 11-401, or Section 9-3 of the Criminal 11 Code of 1961 is guilty of a Class 4 felony. 12 (2) A person who violates this Section a third time 13 during a period in which his or her driving privileges 14 are revoked or suspended where the revocation or 15 suspension was for a violation of this Section, Section 16 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 17 of the Criminal Code of 1961 is guilty of a Class 3 18 felony. 19 (3) A person who violates this Section a fourth or 20 subsequent time during a period in which his or her 21 driving privileges are revoked or suspended where the 22 revocation or suspension was for a violation of this 23 Section, Section 11-501.1, paragraph (b) of Section 24 11-401, or Section 9-3 of the Criminal Code of 1961 is 25 guilty of a Class 2 felony. 26 (c-2) (Blank). 27 (c-3) Every person convicted of violating this Section 28 or a similar provision of a local ordinance who had a 29 child under age 16 in the vehicle at the time of the 30 offense shall have his or her punishment under this Act 31 enhanced by 2 days of imprisonment for a first offense, 32 10 days of imprisonment for a second offense, 30 days of 33 imprisonment for a third offense, and 90 days of 34 imprisonment for a fourth or subsequent offense, in HB2265 Enrolled -36- LRB9206515ARsb 1 addition to the fine and community service required under 2 subsection (c) and the possible imprisonment required 3 under subsection (d). The imprisonment or assignment 4 under this subsection shall not be subject to suspension 5 nor shall the person be eligible for probation in order 6 to reduce the sentence or assignment. 7 (c-4) When a person is convicted of violating Section 8 11-501 of this Code or a similar provision of a local 9 ordinance, the following penalties apply when his or her 10 blood, breath, or urine was .16 or more based on the 11 definition of blood, breath, or urine units in Section 12 11-501.2 or when that person is convicted of violating this 13 Section while transporting a child under the age of 16: 14 (1) A person who is convicted of violating 15 subsection (a) of Section 11-501 of this Code a first 16 time, in addition to any other penalty that may be 17 imposed under subsection (c), is subject to a mandatory 18 minimum of 100 hours of community service and a minimum 19 fine of $500. 20 (2) A person who is convicted of violating 21 subsection (a) of Section 11-501 of this Code a second 22 time within 10 years, in addition to any other penalty 23 that may be imposed under subsection (c), is subject to a 24 mandatory minimum of 2 days of imprisonment and a minimum 25 fine of $1,250. 26 (3) A person who is convicted of violating 27 subsection (a) of Section 11-501 of this Code a third 28 time within 20 years is guilty of a Class 4 felony and, 29 in addition to any other penalty that may be imposed 30 under subsection (c), is subject to a mandatory minimum 31 of 90 days of imprisonment and a minimum fine of $2,500. 32 (4) A person who is convicted of violating this 33 subsection (c-4) a fourth or subsequent time is guilty of 34 a Class 2 felony and, in addition to any other penalty HB2265 Enrolled -37- LRB9206515ARsb 1 that may be imposed under subsection (c), is not eligible 2 for a sentence of probation or conditional discharge and 3 is subject to a minimum fine of $2,500. 4 (d) (1) Every person convicted of committing a violation 5 of this Section shall be guilty of aggravated driving 6 under the influence of alcohol, other drug or drugs, or 7 intoxicating compound or compounds, or any combination 8 thereof if: 9 (A) the person committed a violation of this 10 Section, or a similar provision of a law of another 11 state or a local ordinance when the cause of action 12 is the same as or substantially similar to this 13 Section, for the third or subsequent time; 14 (B) the person committed a violation of 15 paragraph (a) while driving a school bus with 16 children on board; 17 (C) the person in committing a violation of 18 paragraph (a) was involved in a motor vehicle 19 accident that resulted in great bodily harm or 20 permanent disability or disfigurement to another, 21 when the violation was a proximate cause of the 22 injuries; or 23 (D) the person committed a violation of 24 paragraph (a) for a second time and has been 25 previously convicted of violating Section 9-3 of the 26 Criminal Code of 1961 relating to reckless homicide 27 in which the person was determined to have been 28 under the influence of alcohol, other drug or drugs, 29 or intoxicating compound or compounds as an element 30 of the offense or the person has previously been 31 convicted under subparagraph (C) of this paragraph 32 (1). 33 (2) Aggravated driving under the influence of 34 alcohol, other drug or drugs, or intoxicating compound or HB2265 Enrolled -38- LRB9206515ARsb 1 compounds, or any combination thereof is a Class 4 felony 2 for which a person, if sentenced to a term of 3 imprisonment, shall be sentenced to not less than one 4 year and not more than 3 years for a violation of 5 subparagraph (A), (B) or (D) of paragraph (1) of this 6 subsection (d) and not less than one year and not more 7 than 12 years for a violation of subparagraph (C) of 8 paragraph (1) of this subsection (d). For any prosecution 9 under this subsection (d), a certified copy of the 10 driving abstract of the defendant shall be admitted as 11 proof of any prior conviction. 12 (e) After a finding of guilt and prior to any final 13 sentencing, or an order for supervision, for an offense based 14 upon an arrest for a violation of this Section or a similar 15 provision of a local ordinance, individuals shall be required 16 to undergo a professional evaluation to determine if an 17 alcohol, drug, or intoxicating compound abuse problem exists 18 and the extent of the problem. Programs conducting these 19 evaluations shall be licensed by the Department of Human 20 Services. The cost of any professional evaluation shall be 21 paid for by the individual required to undergo the 22 professional evaluation. 23 (f) Every person found guilty of violating this Section, 24 whose operation of a motor vehicle while in violation of this 25 Section proximately caused any incident resulting in an 26 appropriate emergency response, shall be liable for the 27 expense of an emergency response as provided under Section 28 5-5-3 of the Unified Code of Corrections. 29 (g) The Secretary of State shall revoke the driving 30 privileges of any person convicted under this Section or a 31 similar provision of a local ordinance. 32 (h) Every person sentenced under subsection (d) of this 33 Section and who receives a term of probation or conditional 34 discharge shall be required to serve a minimum term of either HB2265 Enrolled -39- LRB9206515ARsb 1 30 days community service or, beginning July 1, 1993, 48 2 consecutive hours of imprisonment as a condition of the 3 probation or conditional discharge. This mandatory minimum 4 term of imprisonment or assignment of community service shall 5 not be suspended and shall not be subject to reduction by the 6 court. 7 (i) The Secretary of State may use ignition interlock 8 device requirements when granting driving relief to 9 individuals who have been arrested for a second or subsequent 10 offense of this Section or a similar provision of a local 11 ordinance. The Secretary shall establish by rule and 12 regulation the procedures for use of the interlock system. 13 (j) In addition to any other penalties and liabilities, 14 a person who is found guilty of or pleads guilty to violating 15 this Section, including any person placed on court 16 supervision for violating this Section, shall be fined $100, 17 payable to the circuit clerk, who shall distribute the money 18 to the law enforcement agency that made the arrest. In the 19 event that more than one agency is responsible for the 20 arrest, the $100 shall be shared equally. Any moneys 21 received by a law enforcement agency under this subsection 22 (j) shall be used to purchase law enforcement equipment that 23 will assist in the prevention of alcohol related criminal 24 violence throughout the State. This shall include, but is 25 not limited to, in-car video cameras, radar and laser speed 26 detection devices, and alcohol breath testers. Any moneys 27 received by the Department of State Police under this 28 subsection (j) shall be deposited into the State Police DUI 29 Fund and shall be used to purchase law enforcement equipment 30 that will assist in the prevention of alcohol related 31 criminal violence throughout the State. 32 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 33 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 34 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, HB2265 Enrolled -40- LRB9206515ARsb 1 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 2 Section 15. The Unified Code of Corrections is amended 3 by changing Sections 5-5-3 and 5-6-3 as follows: 4 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 5 Sec. 5-5-3. Disposition. 6 (a) Every person convicted of an offense shall be 7 sentenced as provided in this Section. 8 (b) The following options shall be appropriate 9 dispositions, alone or in combination, for all felonies and 10 misdemeanors other than those identified in subsection (c) of 11 this Section: 12 (1) A period of probation. 13 (2) A term of periodic imprisonment. 14 (3) A term of conditional discharge. 15 (4) A term of imprisonment. 16 (5) An order directing the offender to clean up and 17 repair the damage, if the offender was convicted under 18 paragraph (h) of Section 21-1 of the Criminal Code of 19 1961. 20 (6) A fine. 21 (7) An order directing the offender to make 22 restitution to the victim under Section 5-5-6 of this 23 Code. 24 (8) A sentence of participation in a county impact 25 incarceration program under Section 5-8-1.2 of this Code. 26 Whenever an individual is sentenced for an offense based 27 upon an arrest for a violation of Section 11-501 of the 28 Illinois Vehicle Code, or a similar provision of a local 29 ordinance, and the professional evaluation recommends 30 remedial or rehabilitative treatment or education, neither 31 the treatment nor the education shall be the sole disposition 32 and either or both may be imposed only in conjunction with HB2265 Enrolled -41- LRB9206515ARsb 1 another disposition. The court shall monitor compliance with 2 any remedial education or treatment recommendations contained 3 in the professional evaluation. Programs conducting alcohol 4 or other drug evaluation or remedial education must be 5 licensed by the Department of Human Services. However, if 6 the individual is not a resident of Illinois, the court may 7 accept an alcohol or other drug evaluation or remedial 8 education program in the state of such individual's 9 residence. Programs providing treatment must be licensed 10 under existing applicable alcoholism and drug treatment 11 licensure standards. 12 In addition to any other fine or penalty required by law, 13 any individual convicted of a violation of Section 11-501 of 14 the Illinois Vehicle Code or a similar provision of local 15 ordinance, whose operation of a motor vehicle while in 16 violation of Section 11-501 or such ordinance proximately 17 caused an incident resulting in an appropriate emergency 18 response, shall be required to make restitution to a public 19 agency for the costs of that emergency response. Such 20 restitution shall not exceed $500 per public agency for each 21 such emergency response. For the purpose of this paragraph, 22 emergency response shall mean any incident requiring a 23 response by: a police officer as defined under Section 1-162 24 of the Illinois Vehicle Code; a fireman carried on the rolls 25 of a regularly constituted fire department; and an ambulance 26 as defined under Section 4.05 of the Emergency Medical 27 Services (EMS) Systems Act. 28 Neither a fine nor restitution shall be the sole 29 disposition for a felony and either or both may be imposed 30 only in conjunction with another disposition. 31 (c) (1) When a defendant is found guilty of first degree 32 murder the State may either seek a sentence of 33 imprisonment under Section 5-8-1 of this Code, or where 34 appropriate seek a sentence of death under Section 9-1 of HB2265 Enrolled -42- LRB9206515ARsb 1 the Criminal Code of 1961. 2 (2) A period of probation, a term of periodic 3 imprisonment or conditional discharge shall not be 4 imposed for the following offenses. The court shall 5 sentence the offender to not less than the minimum term 6 of imprisonment set forth in this Code for the following 7 offenses, and may order a fine or restitution or both in 8 conjunction with such term of imprisonment: 9 (A) First degree murder where the death 10 penalty is not imposed. 11 (B) Attempted first degree murder. 12 (C) A Class X felony. 13 (D) A violation of Section 401.1 or 407 of the 14 Illinois Controlled Substances Act, or a violation 15 of subdivision (c)(2) of Section 401 of that Act 16 which relates to more than 5 grams of a substance 17 containing cocaine or an analog thereof. 18 (E) A violation of Section 5.1 or 9 of the 19 Cannabis Control Act. 20 (F) A Class 2 or greater felony if the 21 offender had been convicted of a Class 2 or greater 22 felony within 10 years of the date on which the 23 offender committed the offense for which he or she 24 is being sentenced, except as otherwise provided in 25 Section 40-10 of the Alcoholism and Other Drug Abuse 26 and Dependency Act. 27 (G) Residential burglary, except as otherwise 28 provided in Section 40-10 of the Alcoholism and 29 Other Drug Abuse and Dependency Act. 30 (H) Criminal sexual assault, except as 31 otherwise provided in subsection (e) of this 32 Section. 33 (I) Aggravated battery of a senior citizen. 34 (J) A forcible felony if the offense was HB2265 Enrolled -43- LRB9206515ARsb 1 related to the activities of an organized gang. 2 Before July 1, 1994, for the purposes of this 3 paragraph, "organized gang" means an association of 4 5 or more persons, with an established hierarchy, 5 that encourages members of the association to 6 perpetrate crimes or provides support to the members 7 of the association who do commit crimes. 8 Beginning July 1, 1994, for the purposes of 9 this paragraph, "organized gang" has the meaning 10 ascribed to it in Section 10 of the Illinois 11 Streetgang Terrorism Omnibus Prevention Act. 12 (K) Vehicular hijacking. 13 (L) A second or subsequent conviction for the 14 offense of hate crime when the underlying offense 15 upon which the hate crime is based is felony 16 aggravated assault or felony mob action. 17 (M) A second or subsequent conviction for the 18 offense of institutional vandalism if the damage to 19 the property exceeds $300. 20 (N) A Class 3 felony violation of paragraph 21 (1) of subsection (a) of Section 2 of the Firearm 22 Owners Identification Card Act. 23 (O) A violation of Section 12-6.1 of the 24 Criminal Code of 1961. 25 (P) A violation of paragraph (1), (2), (3), 26 (4), (5), or (7) of subsection (a) of Section 27 11-20.1 of the Criminal Code of 1961. 28 (Q) A violation of Section 20-1.2 of the 29 Criminal Code of 1961. 30 (R) A violation of Section 24-3A of the 31 Criminal Code of 1961. 32 (3) A minimum term of imprisonment of not less than 33 48 consecutive hours or 100 hours of community service as 34 may be determined by the court shall be imposed for a HB2265 Enrolled -44- LRB9206515ARsb 1 second or subsequent violation committed within 5 years 2 of a previous violation of Section 11-501 of the Illinois 3 Vehicle Code or a similar provision of a local ordinance. 4 (4) A minimum term of imprisonment of not less than 5 7 consecutive days or 30 days of community service shall 6 be imposed for a violation of paragraph (c) of Section 7 6-303 of the Illinois Vehicle Code. 8 (4.1) A minimum term of 30 consecutive days of 9 imprisonment, 40 days of 24 hour periodic imprisonment or 10 720 hours of community service, as may be determined by 11 the court, shall be imposed for a violation of Section 12 11-501 of the Illinois Vehicle Code during a period in 13 which the defendant's driving privileges are revoked or 14 suspended, where the revocation or suspension was for a 15 violation of Section 11-501 or Section 11-501.1 of that 16 Code. 17 (5) The court may sentence an offender convicted of 18 a business offense or a petty offense or a corporation or 19 unincorporated association convicted of any offense to: 20 (A) a period of conditional discharge; 21 (B) a fine; 22 (C) make restitution to the victim under 23 Section 5-5-6 of this Code. 24 (6) In no case shall an offender be eligible for a 25 disposition of probation or conditional discharge for a 26 Class 1 felony committed while he was serving a term of 27 probation or conditional discharge for a felony. 28 (7) When a defendant is adjudged a habitual 29 criminal under Article 33B of the Criminal Code of 1961, 30 the court shall sentence the defendant to a term of 31 natural life imprisonment. 32 (8) When a defendant, over the age of 21 years, is 33 convicted of a Class 1 or Class 2 felony, after having 34 twice been convicted of any Class 2 or greater Class HB2265 Enrolled -45- LRB9206515ARsb 1 felonies in Illinois, and such charges are separately 2 brought and tried and arise out of different series of 3 acts, such defendant shall be sentenced as a Class X 4 offender. This paragraph shall not apply unless (1) the 5 first felony was committed after the effective date of 6 this amendatory Act of 1977; and (2) the second felony 7 was committed after conviction on the first; and (3) the 8 third felony was committed after conviction on the 9 second. 10 (9) A defendant convicted of a second or subsequent 11 offense of ritualized abuse of a child may be sentenced 12 to a term of natural life imprisonment. 13 (10) When a person is convicted of violating 14 Section 11-501 of the Illinois Vehicle Code or a similar 15 provision of a local ordinance, the following penalties 16 apply when his or her blood, breath, or urine was .16 or 17 more based on the definition of blood, breath, or urine 18 units in Section 11-501.2 or that person is convicted of 19 violating Section 11-501 of the Illinois Vehicle Code 20 while transporting a child under the age of 16: 21 (A) For a first violation of subsection (a) of 22 Section 11-501, in addition to any other penalty 23 that may be imposed under subsection (c) of Section 24 11-501: a mandatory minimum of 100 hours of 25 community service and a minimum fine of $500. 26 (B) For a second violation of subsection (a) 27 of Section 11-501, in addition to any other penalty 28 that may be imposed under subsection (c) of Section 29 11-501 within 10 years: a mandatory minimum of 2 30 days of imprisonment and a minimum fine of $1,250. 31 (C) For a third violation of subsection (a) of 32 Section 11-501, in addition to any other penalty 33 that may be imposed under subsection (c) of Section 34 11-501 within 20 years: a mandatory minimum of 90 HB2265 Enrolled -46- LRB9206515ARsb 1 days of imprisonment and a minimum fine of $2,500. 2 (D) For a fourth or subsequent violation of 3 subsection (a) of Section 11-501: ineligibility for 4 a sentence of probation or conditional discharge and 5 a minimum fine of $2,500. 6 (d) In any case in which a sentence originally imposed 7 is vacated, the case shall be remanded to the trial court. 8 The trial court shall hold a hearing under Section 5-4-1 of 9 the Unified Code of Corrections which may include evidence of 10 the defendant's life, moral character and occupation during 11 the time since the original sentence was passed. The trial 12 court shall then impose sentence upon the defendant. The 13 trial court may impose any sentence which could have been 14 imposed at the original trial subject to Section 5-5-4 of the 15 Unified Code of Corrections. 16 (e) In cases where prosecution for criminal sexual 17 assault or aggravated criminal sexual abuse under Section 18 12-13 or 12-16 of the Criminal Code of 1961 results in 19 conviction of a defendant who was a family member of the 20 victim at the time of the commission of the offense, the 21 court shall consider the safety and welfare of the victim and 22 may impose a sentence of probation only where: 23 (1) the court finds (A) or (B) or both are 24 appropriate: 25 (A) the defendant is willing to undergo a 26 court approved counseling program for a minimum 27 duration of 2 years; or 28 (B) the defendant is willing to participate in 29 a court approved plan including but not limited to 30 the defendant's: 31 (i) removal from the household; 32 (ii) restricted contact with the victim; 33 (iii) continued financial support of the 34 family; HB2265 Enrolled -47- LRB9206515ARsb 1 (iv) restitution for harm done to the 2 victim; and 3 (v) compliance with any other measures 4 that the court may deem appropriate; and 5 (2) the court orders the defendant to pay for the 6 victim's counseling services, to the extent that the 7 court finds, after considering the defendant's income and 8 assets, that the defendant is financially capable of 9 paying for such services, if the victim was under 18 10 years of age at the time the offense was committed and 11 requires counseling as a result of the offense. 12 Probation may be revoked or modified pursuant to Section 13 5-6-4; except where the court determines at the hearing that 14 the defendant violated a condition of his or her probation 15 restricting contact with the victim or other family members 16 or commits another offense with the victim or other family 17 members, the court shall revoke the defendant's probation and 18 impose a term of imprisonment. 19 For the purposes of this Section, "family member" and 20 "victim" shall have the meanings ascribed to them in Section 21 12-12 of the Criminal Code of 1961. 22 (f) This Article shall not deprive a court in other 23 proceedings to order a forfeiture of property, to suspend or 24 cancel a license, to remove a person from office, or to 25 impose any other civil penalty. 26 (g) Whenever a defendant is convicted of an offense 27 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 28 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 29 12-15 or 12-16 of the Criminal Code of 1961, the defendant 30 shall undergo medical testing to determine whether the 31 defendant has any sexually transmissible disease, including a 32 test for infection with human immunodeficiency virus (HIV) or 33 any other identified causative agent of acquired 34 immunodeficiency syndrome (AIDS). Any such medical test HB2265 Enrolled -48- LRB9206515ARsb 1 shall be performed only by appropriately licensed medical 2 practitioners and may include an analysis of any bodily 3 fluids as well as an examination of the defendant's person. 4 Except as otherwise provided by law, the results of such test 5 shall be kept strictly confidential by all medical personnel 6 involved in the testing and must be personally delivered in a 7 sealed envelope to the judge of the court in which the 8 conviction was entered for the judge's inspection in camera. 9 Acting in accordance with the best interests of the victim 10 and the public, the judge shall have the discretion to 11 determine to whom, if anyone, the results of the testing may 12 be revealed. The court shall notify the defendant of the test 13 results. The court shall also notify the victim if requested 14 by the victim, and if the victim is under the age of 15 and 15 if requested by the victim's parents or legal guardian, the 16 court shall notify the victim's parents or legal guardian of 17 the test results. The court shall provide information on the 18 availability of HIV testing and counseling at Department of 19 Public Health facilities to all parties to whom the results 20 of the testing are revealed and shall direct the State's 21 Attorney to provide the information to the victim when 22 possible. A State's Attorney may petition the court to obtain 23 the results of any HIV test administered under this Section, 24 and the court shall grant the disclosure if the State's 25 Attorney shows it is relevant in order to prosecute a charge 26 of criminal transmission of HIV under Section 12-16.2 of the 27 Criminal Code of 1961 against the defendant. The court shall 28 order that the cost of any such test shall be paid by the 29 county and may be taxed as costs against the convicted 30 defendant. 31 (g-5) When an inmate is tested for an airborne 32 communicable disease, as determined by the Illinois 33 Department of Public Health including but not limited to 34 tuberculosis, the results of the test shall be personally HB2265 Enrolled -49- LRB9206515ARsb 1 delivered by the warden or his or her designee in a sealed 2 envelope to the judge of the court in which the inmate must 3 appear for the judge's inspection in camera if requested by 4 the judge. Acting in accordance with the best interests of 5 those in the courtroom, the judge shall have the discretion 6 to determine what if any precautions need to be taken to 7 prevent transmission of the disease in the courtroom. 8 (h) Whenever a defendant is convicted of an offense 9 under Section 1 or 2 of the Hypodermic Syringes and Needles 10 Act, the defendant shall undergo medical testing to determine 11 whether the defendant has been exposed to human 12 immunodeficiency virus (HIV) or any other identified 13 causative agent of acquired immunodeficiency syndrome (AIDS). 14 Except as otherwise provided by law, the results of such test 15 shall be kept strictly confidential by all medical personnel 16 involved in the testing and must be personally delivered in a 17 sealed envelope to the judge of the court in which the 18 conviction was entered for the judge's inspection in camera. 19 Acting in accordance with the best interests of the public, 20 the judge shall have the discretion to determine to whom, if 21 anyone, the results of the testing may be revealed. The court 22 shall notify the defendant of a positive test showing an 23 infection with the human immunodeficiency virus (HIV). The 24 court shall provide information on the availability of HIV 25 testing and counseling at Department of Public Health 26 facilities to all parties to whom the results of the testing 27 are revealed and shall direct the State's Attorney to provide 28 the information to the victim when possible. A State's 29 Attorney may petition the court to obtain the results of any 30 HIV test administered under this Section, and the court 31 shall grant the disclosure if the State's Attorney shows it 32 is relevant in order to prosecute a charge of criminal 33 transmission of HIV under Section 12-16.2 of the Criminal 34 Code of 1961 against the defendant. The court shall order HB2265 Enrolled -50- LRB9206515ARsb 1 that the cost of any such test shall be paid by the county 2 and may be taxed as costs against the convicted defendant. 3 (i) All fines and penalties imposed under this Section 4 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 5 Vehicle Code, or a similar provision of a local ordinance, 6 and any violation of the Child Passenger Protection Act, or a 7 similar provision of a local ordinance, shall be collected 8 and disbursed by the circuit clerk as provided under Section 9 27.5 of the Clerks of Courts Act. 10 (j) In cases when prosecution for any violation of 11 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 12 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 13 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 14 12-16 of the Criminal Code of 1961, any violation of the 15 Illinois Controlled Substances Act, or any violation of the 16 Cannabis Control Act results in conviction, a disposition of 17 court supervision, or an order of probation granted under 18 Section 10 of the Cannabis Control Act or Section 410 of the 19 Illinois Controlled Substance Act of a defendant, the court 20 shall determine whether the defendant is employed by a 21 facility or center as defined under the Child Care Act of 22 1969, a public or private elementary or secondary school, or 23 otherwise works with children under 18 years of age on a 24 daily basis. When a defendant is so employed, the court 25 shall order the Clerk of the Court to send a copy of the 26 judgment of conviction or order of supervision or probation 27 to the defendant's employer by certified mail. If the 28 employer of the defendant is a school, the Clerk of the Court 29 shall direct the mailing of a copy of the judgment of 30 conviction or order of supervision or probation to the 31 appropriate regional superintendent of schools. The regional 32 superintendent of schools shall notify the State Board of 33 Education of any notification under this subsection. 34 (j-5) A defendant at least 17 years of age who is HB2265 Enrolled -51- LRB9206515ARsb 1 convicted of a felony and who has not been previously 2 convicted of a misdemeanor or felony and who is sentenced to 3 a term of imprisonment in the Illinois Department of 4 Corrections shall as a condition of his or her sentence be 5 required by the court to attend educational courses designed 6 to prepare the defendant for a high school diploma and to 7 work toward a high school diploma or to work toward passing 8 the high school level Test of General Educational Development 9 (GED) or to work toward completing a vocational training 10 program offered by the Department of Corrections. If a 11 defendant fails to complete the educational training required 12 by his or her sentence during the term of incarceration, the 13 Prisoner Review Board shall, as a condition of mandatory 14 supervised release, require the defendant, at his or her own 15 expense, to pursue a course of study toward a high school 16 diploma or passage of the GED test. The Prisoner Review 17 Board shall revoke the mandatory supervised release of a 18 defendant who wilfully fails to comply with this subsection 19 (j-5) upon his or her release from confinement in a penal 20 institution while serving a mandatory supervised release 21 term; however, the inability of the defendant after making a 22 good faith effort to obtain financial aid or pay for the 23 educational training shall not be deemed a wilful failure to 24 comply. The Prisoner Review Board shall recommit the 25 defendant whose mandatory supervised release term has been 26 revoked under this subsection (j-5) as provided in Section 27 3-3-9. This subsection (j-5) does not apply to a defendant 28 who has a high school diploma or has successfully passed the 29 GED test. This subsection (j-5) does not apply to a defendant 30 who is determined by the court to be developmentally disabled 31 or otherwise mentally incapable of completing the educational 32 or vocational program. 33 (k) A court may not impose a sentence or disposition for 34 a felony or misdemeanor that requires the defendant to be HB2265 Enrolled -52- LRB9206515ARsb 1 implanted or injected with or to use any form of birth 2 control. 3 (l) (A) Except as provided in paragraph (C) of 4 subsection (l), whenever a defendant, who is an alien as 5 defined by the Immigration and Nationality Act, is 6 convicted of any felony or misdemeanor offense, the court 7 after sentencing the defendant may, upon motion of the 8 State's Attorney, hold sentence in abeyance and remand 9 the defendant to the custody of the Attorney General of 10 the United States or his or her designated agent to be 11 deported when: 12 (1) a final order of deportation has been 13 issued against the defendant pursuant to proceedings 14 under the Immigration and Nationality Act, and 15 (2) the deportation of the defendant would not 16 deprecate the seriousness of the defendant's conduct 17 and would not be inconsistent with the ends of 18 justice. 19 Otherwise, the defendant shall be sentenced as 20 provided in this Chapter V. 21 (B) If the defendant has already been sentenced for 22 a felony or misdemeanor offense, or has been placed on 23 probation under Section 10 of the Cannabis Control Act or 24 Section 410 of the Illinois Controlled Substances Act, 25 the court may, upon motion of the State's Attorney to 26 suspend the sentence imposed, commit the defendant to the 27 custody of the Attorney General of the United States or 28 his or her designated agent when: 29 (1) a final order of deportation has been 30 issued against the defendant pursuant to proceedings 31 under the Immigration and Nationality Act, and 32 (2) the deportation of the defendant would not 33 deprecate the seriousness of the defendant's conduct 34 and would not be inconsistent with the ends of HB2265 Enrolled -53- LRB9206515ARsb 1 justice. 2 (C) This subsection (l) does not apply to offenders 3 who are subject to the provisions of paragraph (2) of 4 subsection (a) of Section 3-6-3. 5 (D) Upon motion of the State's Attorney, if a 6 defendant sentenced under this Section returns to the 7 jurisdiction of the United States, the defendant shall be 8 recommitted to the custody of the county from which he or 9 she was sentenced. Thereafter, the defendant shall be 10 brought before the sentencing court, which may impose any 11 sentence that was available under Section 5-5-3 at the 12 time of initial sentencing. In addition, the defendant 13 shall not be eligible for additional good conduct credit 14 for meritorious service as provided under Section 3-6-6. 15 (m) A person convicted of criminal defacement of 16 property under Section 21-1.3 of the Criminal Code of 1961, 17 in which the property damage exceeds $300 and the property 18 damaged is a school building, shall be ordered to perform 19 community service that may include cleanup, removal, or 20 painting over the defacement. 21 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 22 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 23 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 24 12-22-99; 91-695, eff. 4-13-00.) 25 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 26 Sec. 5-6-3. Conditions of Probation and of Conditional 27 Discharge. 28 (a) The conditions of probation and of conditional 29 discharge shall be that the person: 30 (1) not violate any criminal statute of any 31 jurisdiction; 32 (2) report to or appear in person before such 33 person or agency as directed by the court; HB2265 Enrolled -54- LRB9206515ARsb 1 (3) refrain from possessing a firearm or other 2 dangerous weapon; 3 (4) not leave the State without the consent of the 4 court or, in circumstances in which the reason for the 5 absence is of such an emergency nature that prior consent 6 by the court is not possible, without the prior 7 notification and approval of the person's probation 8 officer; 9 (5) permit the probation officer to visit him at 10 his home or elsewhere to the extent necessary to 11 discharge his duties; 12 (6) perform no less than 30 hours of community 13 service and not more than 120 hours of community service, 14 if community service is available in the jurisdiction and 15 is funded and approved by the county board where the 16 offense was committed, where the offense was related to 17 or in furtherance of the criminal activities of an 18 organized gang and was motivated by the offender's 19 membership in or allegiance to an organized gang. The 20 community service shall include, but not be limited to, 21 the cleanup and repair of any damage caused by a 22 violation of Section 21-1.3 of the Criminal Code of 1961 23 and similar damage to property located within the 24 municipality or county in which the violation occurred. 25 When possible and reasonable, the community service 26 should be performed in the offender's neighborhood. For 27 purposes of this Section, "organized gang" has the 28 meaning ascribed to it in Section 10 of the Illinois 29 Streetgang Terrorism Omnibus Prevention Act; 30 (7) if he or she is at least 17 years of age and 31 has been sentenced to probation or conditional discharge 32 for a misdemeanor or felony in a county of 3,000,000 or 33 more inhabitants and has not been previously convicted of 34 a misdemeanor or felony, may be required by the HB2265 Enrolled -55- LRB9206515ARsb 1 sentencing court to attend educational courses designed 2 to prepare the defendant for a high school diploma and to 3 work toward a high school diploma or to work toward 4 passing the high school level Test of General Educational 5 Development (GED) or to work toward completing a 6 vocational training program approved by the court. The 7 person on probation or conditional discharge must attend 8 a public institution of education to obtain the 9 educational or vocational training required by this 10 clause (7). The court shall revoke the probation or 11 conditional discharge of a person who wilfully fails to 12 comply with this clause (7). The person on probation or 13 conditional discharge shall be required to pay for the 14 cost of the educational courses or GED test, if a fee is 15 charged for those courses or test. The court shall 16 resentence the offender whose probation or conditional 17 discharge has been revoked as provided in Section 5-6-4. 18 This clause (7) does not apply to a person who has a high 19 school diploma or has successfully passed the GED test. 20 This clause (7) does not apply to a person who is 21 determined by the court to be developmentally disabled or 22 otherwise mentally incapable of completing the 23 educational or vocational program; and 24 (8) if convicted of possession of a substance 25 prohibited by the Cannabis Control Act or Illinois 26 Controlled Substances Act after a previous conviction or 27 disposition of supervision for possession of a substance 28 prohibited by the Cannabis Control Act or Illinois 29 Controlled Substances Act or after a sentence of 30 probation under Section 10 of the Cannabis Control Act or 31 Section 410 of the Illinois Controlled Substances Act and 32 upon a finding by the court that the person is addicted, 33 undergo treatment at a substance abuse program approved 34 by the court. HB2265 Enrolled -56- LRB9206515ARsb 1 (b) The Court may in addition to other reasonable 2 conditions relating to the nature of the offense or the 3 rehabilitation of the defendant as determined for each 4 defendant in the proper discretion of the Court require that 5 the person: 6 (1) serve a term of periodic imprisonment under 7 Article 7 for a period not to exceed that specified in 8 paragraph (d) of Section 5-7-1; 9 (2) pay a fine and costs; 10 (3) work or pursue a course of study or vocational 11 training; 12 (4) undergo medical, psychological or psychiatric 13 treatment; or treatment for drug addiction or alcoholism; 14 (5) attend or reside in a facility established for 15 the instruction or residence of defendants on probation; 16 (6) support his dependents; 17 (7) and in addition, if a minor: 18 (i) reside with his parents or in a foster 19 home; 20 (ii) attend school; 21 (iii) attend a non-residential program for 22 youth; 23 (iv) contribute to his own support at home or 24 in a foster home; 25 (8) make restitution as provided in Section 5-5-6 26 of this Code; 27 (9) perform some reasonable public or community 28 service; 29 (10) serve a term of home confinement. In addition 30 to any other applicable condition of probation or 31 conditional discharge, the conditions of home confinement 32 shall be that the offender: 33 (i) remain within the interior premises of the 34 place designated for his confinement during the HB2265 Enrolled -57- LRB9206515ARsb 1 hours designated by the court; 2 (ii) admit any person or agent designated by 3 the court into the offender's place of confinement 4 at any time for purposes of verifying the offender's 5 compliance with the conditions of his confinement; 6 and 7 (iii) if further deemed necessary by the court 8 or the Probation or Court Services Department, be 9 placed on an approved electronic monitoring device, 10 subject to Article 8A of Chapter V; 11 (iv) for persons convicted of any alcohol, 12 cannabis or controlled substance violation who are 13 placed on an approved monitoring device as a 14 condition of probation or conditional discharge, the 15 court shall impose a reasonable fee for each day of 16 the use of the device, as established by the county 17 board in subsection (g) of this Section, unless 18 after determining the inability of the offender to 19 pay the fee, the court assesses a lesser fee or no 20 fee as the case may be. This fee shall be imposed in 21 addition to the fees imposed under subsections (g) 22 and (i) of this Section. The fee shall be collected 23 by the clerk of the circuit court. The clerk of the 24 circuit court shall pay all monies collected from 25 this fee to the county treasurer for deposit in the 26 substance abuse services fund under Section 5-1086.1 27 of the Counties Code; and 28 (v) for persons convicted of offenses other 29 than those referenced in clause (iv) above and who 30 are placed on an approved monitoring device as a 31 condition of probation or conditional discharge, the 32 court shall impose a reasonable fee for each day of 33 the use of the device, as established by the county 34 board in subsection (g) of this Section, unless HB2265 Enrolled -58- LRB9206515ARsb 1 after determining the inability of the defendant to 2 pay the fee, the court assesses a lesser fee or no 3 fee as the case may be. This fee shall be imposed 4 in addition to the fees imposed under subsections 5 (g) and (i) of this Section. The fee shall be 6 collected by the clerk of the circuit court. The 7 clerk of the circuit court shall pay all monies 8 collected from this fee to the county treasurer who 9 shall use the monies collected to defray the costs 10 of corrections. The county treasurer shall deposit 11 the fee collected in the county working cash fund 12 under Section 6-27001 or Section 6-29002 of the 13 Counties Code, as the case may be. 14 (11) comply with the terms and conditions of an 15 order of protection issued by the court pursuant to the 16 Illinois Domestic Violence Act of 1986, as now or 17 hereafter amended, or an order of protection issued by 18 the court of another state, tribe, or United States 19 territory. A copy of the order of protection shall be 20 transmitted to the probation officer or agency having 21 responsibility for the case; 22 (12) reimburse any "local anti-crime program" as 23 defined in Section 7 of the Anti-Crime Advisory Council 24 Act for any reasonable expenses incurred by the program 25 on the offender's case, not to exceed the maximum amount 26 of the fine authorized for the offense for which the 27 defendant was sentenced; 28 (13) contribute a reasonable sum of money, not to 29 exceed the maximum amount of the fine authorized for the 30 offense for which the defendant was sentenced, to a 31 "local anti-crime program", as defined in Section 7 of 32 the Anti-Crime Advisory Council Act; 33 (14) refrain from entering into a designated 34 geographic area except upon such terms as the court finds HB2265 Enrolled -59- LRB9206515ARsb 1 appropriate. Such terms may include consideration of the 2 purpose of the entry, the time of day, other persons 3 accompanying the defendant, and advance approval by a 4 probation officer, if the defendant has been placed on 5 probation or advance approval by the court, if the 6 defendant was placed on conditional discharge; 7 (15) refrain from having any contact, directly or 8 indirectly, with certain specified persons or particular 9 types of persons, including but not limited to members of 10 street gangs and drug users or dealers; 11 (16) refrain from having in his or her body the 12 presence of any illicit drug prohibited by the Cannabis 13 Control Act or the Illinois Controlled Substances Act, 14 unless prescribed by a physician, and submit samples of 15 his or her blood or urine or both for tests to determine 16 the presence of any illicit drug. 17 (c) The court may as a condition of probation or of 18 conditional discharge require that a person under 18 years of 19 age found guilty of any alcohol, cannabis or controlled 20 substance violation, refrain from acquiring a driver's 21 license during the period of probation or conditional 22 discharge. If such person is in possession of a permit or 23 license, the court may require that the minor refrain from 24 driving or operating any motor vehicle during the period of 25 probation or conditional discharge, except as may be 26 necessary in the course of the minor's lawful employment. 27 (d) An offender sentenced to probation or to conditional 28 discharge shall be given a certificate setting forth the 29 conditions thereof. 30 (e) The court shall not require as a condition of the 31 sentence of probation or conditional discharge that the 32 offender be committed to a period of imprisonment in excess 33 of 6 months. This 6 month limit shall not include periods of 34 confinement given pursuant to a sentence of county impact HB2265 Enrolled -60- LRB9206515ARsb 1 incarceration under Section 5-8-1.2. This 6 month limit does 2 not apply to a person sentenced to probation as a result of a 3 conviction of a fourth or subsequent violation of subsection 4 (c-4) of Section 11-501 of the Illinois Vehicle Code or a 5 similar provision of a local ordinance. 6 Persons committed to imprisonment as a condition of 7 probation or conditional discharge shall not be committed to 8 the Department of Corrections. 9 (f) The court may combine a sentence of periodic 10 imprisonment under Article 7 or a sentence to a county impact 11 incarceration program under Article 8 with a sentence of 12 probation or conditional discharge. 13 (g) An offender sentenced to probation or to conditional 14 discharge and who during the term of either undergoes 15 mandatory drug or alcohol testing, or both, or is assigned to 16 be placed on an approved electronic monitoring device, shall 17 be ordered to pay all costs incidental to such mandatory drug 18 or alcohol testing, or both, and all costs incidental to such 19 approved electronic monitoring in accordance with the 20 defendant's ability to pay those costs. The county board 21 with the concurrence of the Chief Judge of the judicial 22 circuit in which the county is located shall establish 23 reasonable fees for the cost of maintenance, testing, and 24 incidental expenses related to the mandatory drug or alcohol 25 testing, or both, and all costs incidental to approved 26 electronic monitoring, involved in a successful probation 27 program for the county. The concurrence of the Chief Judge 28 shall be in the form of an administrative order. The fees 29 shall be collected by the clerk of the circuit court. The 30 clerk of the circuit court shall pay all moneys collected 31 from these fees to the county treasurer who shall use the 32 moneys collected to defray the costs of drug testing, alcohol 33 testing, and electronic monitoring. The county treasurer 34 shall deposit the fees collected in the county working cash HB2265 Enrolled -61- LRB9206515ARsb 1 fund under Section 6-27001 or Section 6-29002 of the Counties 2 Code, as the case may be. 3 (h) Jurisdiction over an offender may be transferred 4 from the sentencing court to the court of another circuit 5 with the concurrence of both courts, or to another state 6 under an Interstate Probation Reciprocal Agreement as 7 provided in Section 3-3-11. Further transfers or retransfers 8 of jurisdiction are also authorized in the same manner. The 9 court to which jurisdiction has been transferred shall have 10 the same powers as the sentencing court. 11 (i) The court shall impose upon an offender sentenced to 12 probation after January 1, 1989 or to conditional discharge 13 after January 1, 1992, as a condition of such probation or 14 conditional discharge, a fee of $25 for each month of 15 probation or conditional discharge supervision ordered by the 16 court, unless after determining the inability of the person 17 sentenced to probation or conditional discharge to pay the 18 fee, the court assesses a lesser fee. The court may not 19 impose the fee on a minor who is made a ward of the State 20 under the Juvenile Court Act of 1987 while the minor is in 21 placement. The fee shall be imposed only upon an offender who 22 is actively supervised by the probation and court services 23 department. The fee shall be collected by the clerk of the 24 circuit court. The clerk of the circuit court shall pay all 25 monies collected from this fee to the county treasurer for 26 deposit in the probation and court services fund under 27 Section 15.1 of the Probation and Probation Officers Act. 28 (j) All fines and costs imposed under this Section for 29 any violation of Chapters 3, 4, 6, and 11 of the Illinois 30 Vehicle Code, or a similar provision of a local ordinance, 31 and any violation of the Child Passenger Protection Act, or a 32 similar provision of a local ordinance, shall be collected 33 and disbursed by the circuit clerk as provided under Section 34 27.5 of the Clerks of Courts Act. HB2265 Enrolled -62- LRB9206515ARsb 1 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 2 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 3 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.