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92_HB2265eng HB2265 Engrossed 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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 2 or more times due to 2 or more convictions within 20 a 10 year period for Section 11-501 of this Code or similar 21 provisions of local ordinances or similar out-of-state 22 offenses, or 2 or more statutory summary suspensions under 23 Section 11-501.1, or any combination of 2 offenses, or of an 24 offense and a statutory summary suspension, arising out of 25 separate occurrences, that person, if issued a restricted 26 driving permit, may not operate a vehicle unless it has been 27 equipped with an ignition interlock device as defined in 28 Section 1-129.1. The person must pay to the Secretary of 29 State DUI Administration Fund an amount not to exceed $20 per 30 month. The Secretary shall establish by rule the amount and 31 the procedures, terms, and conditions relating to these fees. 32 If the Restricted Driving Permit issued by the Office of 33 Secretary of State was issued on the basis of hardship, due 34 to that person's need to travel as a means of employment, HB2265 Engrossed -16- LRB9206515ARsb 1 then this provision does not apply to an occupational vehicle 2 owned or leased by that person's employer. In each case the 3 Secretary of State may issue a restricted driving permit for 4 a period he deems appropriate, except that the permit shall 5 expire within one year from the date of issuance. The 6 Secretary may not, however, issue a restricted driving permit 7 to any person whose current revocation is the result of a 8 second or subsequent conviction for a violation of Section 9 11-501 of this Code or a similar provision of a local 10 ordinance relating to the offense of operating or being in 11 physical control of a motor vehicle while under the influence 12 of alcohol, other drug or drugs, intoxicating compound or 13 compounds, or any similar out-of-state offense, or any 14 combination thereof, until the expiration of at least one 15 year from the date of the revocation. A restricted driving 16 permit issued under this Section shall be subject to 17 cancellation, revocation, and suspension by the Secretary of 18 State in like manner and for like cause as a driver's license 19 issued under this Code may be cancelled, revoked, or 20 suspended; except that a conviction upon one or more offenses 21 against laws or ordinances regulating the movement of traffic 22 shall be deemed sufficient cause for the revocation, 23 suspension, or cancellation of a restricted driving permit. 24 The Secretary of State may, as a condition to the issuance of 25 a restricted driving permit, require the applicant to 26 participate in a designated driver remedial or rehabilitative 27 program. The Secretary of State is authorized to cancel a 28 restricted driving permit if the permit holder does not 29 successfully complete the program. However, if an 30 individual's driving privileges have been revoked in 31 accordance with paragraph 13 of subsection (a) of this 32 Section, no restricted driving permit shall be issued until 33 the individual has served 6 months of the revocation period. 34 (d) Whenever a person under the age of 21 is convicted HB2265 Engrossed -17- LRB9206515ARsb 1 under Section 11-501 of this Code or a similar provision of a 2 local ordinance, the Secretary of State shall revoke the 3 driving privileges of that person. One year after the date 4 of revocation, and upon application, the Secretary of State 5 may, if satisfied that the person applying will not endanger 6 the public safety or welfare, issue a restricted driving 7 permit granting the privilege of driving a motor vehicle only 8 between the hours of 5 a.m. and 9 p.m. or as otherwise 9 provided by this Section for a period of one year. After 10 this one year period, and upon reapplication for a license as 11 provided in Section 6-106, upon payment of the appropriate 12 reinstatement fee provided under paragraph (b) of Section 13 6-118, the Secretary of State, in his discretion, may issue 14 the applicant a license, or extend the restricted driving 15 permit as many times as the Secretary of State deems 16 appropriate, by additional periods of not more than 12 months 17 each, until the applicant attains 21 years of age. 18 If a person's license or permit has been revoked or 19 suspended 2 or more times, due to 2 or more convictions 20 within a 10 year period for Section 11-501 of this Code or 21 similar provisions of local ordinances or similar 22 out-of-state offenses, or 2 or more statutory summary 23 suspensions under Section 11-501.1, or any combination of 2 24 offenses, or of an offense and a statutory summary 25 suspension, arising out of separate occurrences, that person, 26 if issued a restricted driving permit, may not operate a 27 vehicle unless it has been equipped with an ignition 28 interlock device as defined in Section 1-129.1. The person 29 must pay to the Secretary of State DUI Administration Fund an 30 amount not to exceed $20 per month. The Secretary shall 31 establish by rule the amount and the procedures, terms, and 32 conditions relating to these fees. If the Restricted Driving 33 Permit issued by the Office of Secretary of State was issued 34 on the basis of hardship, due to that person's need to travel HB2265 Engrossed -18- LRB9206515ARsb 1 as a means of employment, then this provision does not apply 2 to an occupational vehicle owned or leased by that person's 3 employer. A restricted driving permit issued under this 4 Section shall be subject to cancellation, revocation, and 5 suspension by the Secretary of State in like manner and for 6 like cause as a driver's license issued under this Code may 7 be cancelled, revoked, or suspended; except that a conviction 8 upon one or more offenses against laws or ordinances 9 regulating the movement of traffic shall be deemed sufficient 10 cause for the revocation, suspension, or cancellation of a 11 restricted driving permit.Any person under 21 years of age12who has a driver's license revoked for a second or subsequent13conviction for driving under the influence, prior to the age14of 21, shall not be eligible to submit an application for a15full reinstatement of driving privileges or a restricted16driving permit until age 21 or one additional year from the17date of the latest such revocation, whichever is the longer.18 The revocation periods contained in this subparagraph shall 19 apply to similar out-of-state convictions. 20 (e) This Section is subject to the provisions of the 21 Driver License Compact. 22 (f) Any revocation imposed upon any person under 23 subsections 2 and 3 of paragraph (b) that is in effect on 24 December 31, 1988 shall be converted to a suspension for a 25 like period of time. 26 (g) The Secretary of State shall not issue a restricted 27 driving permit to a person under the age of 16 years whose 28 driving privileges have been revoked under any provisions of 29 this Code. 30 (h) The Secretary of State may use ignition interlock 31 device requirements when granting driving relief to 32 individuals who have been arrested for a second or subsequent 33 offense under Section 11-501 of this Code or a similar 34 provision of a local ordinance. The Secretary shall HB2265 Engrossed -19- LRB9206515ARsb 1 establish by rule and regulation the procedures for use of 2 the interlock system. 3 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 4 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff. 5 7-29-99.) 6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 7 Sec. 6-206. Discretionary authority to suspend or revoke 8 license or permit; Right to a hearing. 9 (a) The Secretary of State is authorized to suspend or 10 revoke the driving privileges of any person without 11 preliminary hearing upon a showing of the person's records or 12 other sufficient evidence that the person: 13 1. Has committed an offense for which mandatory 14 revocation of a driver's license or permit is required 15 upon conviction; 16 2. Has been convicted of not less than 3 offenses 17 against traffic regulations governing the movement of 18 vehicles committed within any 12 month period. No 19 revocation or suspension shall be entered more than 6 20 months after the date of last conviction; 21 3. Has been repeatedly involved as a driver in 22 motor vehicle collisions or has been repeatedly convicted 23 of offenses against laws and ordinances regulating the 24 movement of traffic, to a degree that indicates lack of 25 ability to exercise ordinary and reasonable care in the 26 safe operation of a motor vehicle or disrespect for the 27 traffic laws and the safety of other persons upon the 28 highway; 29 4. Has by the unlawful operation of a motor vehicle 30 caused or contributed to an accident resulting in death 31 or injury requiring immediate professional treatment in a 32 medical facility or doctor's office to any person, except 33 that any suspension or revocation imposed by the HB2265 Engrossed -20- LRB9206515ARsb 1 Secretary of State under the provisions of this 2 subsection shall start no later than 6 months after being 3 convicted of violating a law or ordinance regulating the 4 movement of traffic, which violation is related to the 5 accident, or shall start not more than one year after the 6 date of the accident, whichever date occurs later; 7 5. Has permitted an unlawful or fraudulent use of a 8 driver's license, identification card, or permit; 9 6. Has been lawfully convicted of an offense or 10 offenses in another state, including the authorization 11 contained in Section 6-203.1, which if committed within 12 this State would be grounds for suspension or revocation; 13 7. Has refused or failed to submit to an 14 examination provided for by Section 6-207 or has failed 15 to pass the examination; 16 8. Is ineligible for a driver's license or permit 17 under the provisions of Section 6-103; 18 9. Has made a false statement or knowingly 19 concealed a material fact or has used false information 20 or identification in any application for a license, 21 identification card, or permit; 22 10. Has possessed, displayed, or attempted to 23 fraudulently use any license, identification card, or 24 permit not issued to the person; 25 11. Has operated a motor vehicle upon a highway of 26 this State when the person's driving privilege or 27 privilege to obtain a driver's license or permit was 28 revoked or suspended unless the operation was authorized 29 by a judicial driving permit, probationary license to 30 drive, or a restricted driving permit issued under this 31 Code; 32 12. Has submitted to any portion of the application 33 process for another person or has obtained the services 34 of another person to submit to any portion of the HB2265 Engrossed -21- LRB9206515ARsb 1 application process for the purpose of obtaining a 2 license, identification card, or permit for some other 3 person; 4 13. Has operated a motor vehicle upon a highway of 5 this State when the person's driver's license or permit 6 was invalid under the provisions of Sections 6-107.1 and 7 6-110; 8 14. Has committed a violation of Section 6-301, 9 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 10 14B of the Illinois Identification Card Act; 11 15. Has been convicted of violating Section 21-2 of 12 the Criminal Code of 1961 relating to criminal trespass 13 to vehicles in which case, the suspension shall be for 14 one year; 15 16. Has been convicted of violating Section 11-204 16 of this Code relating to fleeing from a police officer; 17 17. Has refused to submit to a test, or tests, as 18 required under Section 11-501.1 of this Code and the 19 person has not sought a hearing as provided for in 20 Section 11-501.1; 21 18. Has, since issuance of a driver's license or 22 permit, been adjudged to be afflicted with or suffering 23 from any mental disability or disease; 24 19. Has committed a violation of paragraph (a) or 25 (b) of Section 6-101 relating to driving without a 26 driver's license; 27 20. Has been convicted of violating Section 6-104 28 relating to classification of driver's license; 29 21. Has been convicted of violating Section 11-402 30 of this Code relating to leaving the scene of an accident 31 resulting in damage to a vehicle in excess of $1,000, in 32 which case the suspension shall be for one year; 33 22. Has used a motor vehicle in violating paragraph 34 (3), (4), (7), or (9) of subsection (a) of Section 24-1 HB2265 Engrossed -22- LRB9206515ARsb 1 of the Criminal Code of 1961 relating to unlawful use of 2 weapons, in which case the suspension shall be for one 3 year; 4 23. Has, as a driver, been convicted of committing 5 a violation of paragraph (a) of Section 11-502 of this 6 Code for a second or subsequent time within one year of a 7 similar violation; 8 24. Has been convicted by a court-martial or 9 punished by non-judicial punishment by military 10 authorities of the United States at a military 11 installation in Illinois of or for a traffic related 12 offense that is the same as or similar to an offense 13 specified under Section 6-205 or 6-206 of this Code; 14 25. Has permitted any form of identification to be 15 used by another in the application process in order to 16 obtain or attempt to obtain a license, identification 17 card, or permit; 18 26. Has altered or attempted to alter a license or 19 has possessed an altered license, identification card, or 20 permit; 21 27. Has violated Section 6-16 of the Liquor Control 22 Act of 1934; 23 28. Has been convicted of the illegal possession, 24 while operating or in actual physical control, as a 25 driver, of a motor vehicle, of any controlled substance 26 prohibited under the Illinois Controlled Substances Act 27 or any cannabis prohibited under the provisions of the 28 Cannabis Control Act, in which case the person's driving 29 privileges shall be suspended for one year, and any 30 driver who is convicted of a second or subsequent 31 offense, within 5 years of a previous conviction, for the 32 illegal possession, while operating or in actual physical 33 control, as a driver, of a motor vehicle, of any 34 controlled substance prohibited under the provisions of HB2265 Engrossed -23- LRB9206515ARsb 1 the Illinois Controlled Substances Act or any cannabis 2 prohibited under the Cannabis Control Act shall be 3 suspended for 5 years. Any defendant found guilty of this 4 offense while operating a motor vehicle, shall have an 5 entry made in the court record by the presiding judge 6 that this offense did occur while the defendant was 7 operating a motor vehicle and order the clerk of the 8 court to report the violation to the Secretary of State; 9 29. Has been convicted of the following offenses 10 that were committed while the person was operating or in 11 actual physical control, as a driver, of a motor vehicle: 12 criminal sexual assault, predatory criminal sexual 13 assault of a child, aggravated criminal sexual assault, 14 criminal sexual abuse, aggravated criminal sexual abuse, 15 juvenile pimping, soliciting for a juvenile prostitute 16 and the manufacture, sale or delivery of controlled 17 substances or instruments used for illegal drug use or 18 abuse in which case the driver's driving privileges shall 19 be suspended for one year; 20 30. Has been convicted a second or subsequent time 21 for any combination of the offenses named in paragraph 29 22 of this subsection, in which case the person's driving 23 privileges shall be suspended for 5 years; 24 31. Has refused to submit to a test as required by 25 Section 11-501.6 or has submitted to a test resulting in 26 an alcohol concentration of 0.08 or more or any amount of 27 a drug, substance, or compound resulting from the 28 unlawful use or consumption of cannabis as listed in the 29 Cannabis Control Act or a controlled substance as listed 30 in the Illinois Controlled Substances Act in which case 31 the penalty shall be as prescribed in Section 6-208.1; 32 32. Has been convicted of Section 24-1.2 of the 33 Criminal Code of 1961 relating to the aggravated 34 discharge of a firearm if the offender was located in a HB2265 Engrossed -24- LRB9206515ARsb 1 motor vehicle at the time the firearm was discharged, in 2 which case the suspension shall be for 3 years; 3 33. Has as a driver, who was less than 21 years of 4 age on the date of the offense, been convicted a first 5 time of a violation of paragraph (a) of Section 11-502 of 6 this Code or a similar provision of a local ordinance; 7 34. Has committed a violation of Section 11-1301.5 8 of this Code; 9 35. Has committed a violation of Section 11-1301.6 10 of this Code; or 11 36. Is under the age of 21 years at the time of 12 arrest and has been convicted of not less than 2 13 offenses against traffic regulations governing the 14 movement of vehicles committed within any 24 month 15 period. No revocation or suspension shall be entered 16 more than 6 months after the date of last conviction. 17 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 18 and 27 of this subsection, license means any driver's 19 license, any traffic ticket issued when the person's driver's 20 license is deposited in lieu of bail, a suspension notice 21 issued by the Secretary of State, a duplicate or corrected 22 driver's license, a probationary driver's license or a 23 temporary driver's license. 24 (b) If any conviction forming the basis of a suspension 25 or revocation authorized under this Section is appealed, the 26 Secretary of State may rescind or withhold the entry of the 27 order of suspension or revocation, as the case may be, 28 provided that a certified copy of a stay order of a court is 29 filed with the Secretary of State. If the conviction is 30 affirmed on appeal, the date of the conviction shall relate 31 back to the time the original judgment of conviction was 32 entered and the 6 month limitation prescribed shall not 33 apply. 34 (c) 1. Upon suspending or revoking the driver's license HB2265 Engrossed -25- LRB9206515ARsb 1 or permit of any person as authorized in this Section, 2 the Secretary of State shall immediately notify the 3 person in writing of the revocation or suspension. The 4 notice to be deposited in the United States mail, postage 5 prepaid, to the last known address of the person. 6 2. If the Secretary of State suspends the driver's 7 license of a person under subsection 2 of paragraph (a) 8 of this Section, a person's privilege to operate a 9 vehicle as an occupation shall not be suspended, provided 10 an affidavit is properly completed, the appropriate fee 11 received, and a permit issued prior to the effective date 12 of the suspension, unless 5 offenses were committed, at 13 least 2 of which occurred while operating a commercial 14 vehicle in connection with the driver's regular 15 occupation. All other driving privileges shall be 16 suspended by the Secretary of State. Any driver prior to 17 operating a vehicle for occupational purposes only must 18 submit the affidavit on forms to be provided by the 19 Secretary of State setting forth the facts of the 20 person's occupation. The affidavit shall also state the 21 number of offenses committed while operating a vehicle in 22 connection with the driver's regular occupation. The 23 affidavit shall be accompanied by the driver's license. 24 Upon receipt of a properly completed affidavit, the 25 Secretary of State shall issue the driver a permit to 26 operate a vehicle in connection with the driver's regular 27 occupation only. Unless the permit is issued by the 28 Secretary of State prior to the date of suspension, the 29 privilege to drive any motor vehicle shall be suspended 30 as set forth in the notice that was mailed under this 31 Section. If an affidavit is received subsequent to the 32 effective date of this suspension, a permit may be issued 33 for the remainder of the suspension period. 34 The provisions of this subparagraph shall not apply HB2265 Engrossed -26- LRB9206515ARsb 1 to any driver required to obtain a commercial driver's 2 license under Section 6-507 during the period of a 3 disqualification of commercial driving privileges under 4 Section 6-514. 5 Any person who falsely states any fact in the 6 affidavit required herein shall be guilty of perjury 7 under Section 6-302 and upon conviction thereof shall 8 have all driving privileges revoked without further 9 rights. 10 3. At the conclusion of a hearing under Section 11 2-118 of this Code, the Secretary of State shall either 12 rescind or continue an order of revocation or shall 13 substitute an order of suspension; or, good cause 14 appearing therefor, rescind, continue, change, or extend 15 the order of suspension. If the Secretary of State does 16 not rescind the order, the Secretary may upon 17 application, to relieve undue hardship, issue a 18 restricted driving permit granting the privilege of 19 driving a motor vehicle between the petitioner's 20 residence and petitioner's place of employment or within 21 the scope of his employment related duties, or to allow 22 transportation for the petitioner, or a household member 23 of the petitioner's family, to receive necessary medical 24 care and if the professional evaluation indicates, 25 provide transportation for alcohol remedial or 26 rehabilitative activity, or for the petitioner to attend 27 classes, as a student, in an accredited educational 28 institution; if the petitioner is able to demonstrate 29 that no alternative means of transportation is reasonably 30 available and the petitioner will not endanger the public 31 safety or welfare. 32 If a person's license or permit has been revoked or 33 suspended 2 or more times due to 2 or more convictions 34 within a 10 year period for Section 11-501 of this Code HB2265 Engrossed -27- LRB9206515ARsb 1 or similar provisions of local ordinances or similar 2 out-of-state offenses, or 2 or more statutory summary 3 suspensions under Section 11-501.1, or any combination of 4 2 offenses, or of an offense and a statutory summary 5 suspension, arising out of separate occurrences, that 6 person, if issued a restricted driving permit, may not 7 operate a vehicle unless it has been equipped with an 8 ignition interlock device as defined in Section 1-129.1. 9 The person must pay to the Secretary of State DUI 10 Administration Fund an amount not to exceed $20 per 11 month. The Secretary shall establish by rule the amount 12 and the procedures, terms, and conditions relating to 13 these fees. If the Restricted Driving Permit issued by 14 the Office of Secretary of State was issued on the basis 15 of hardship, due to that person's need to travel as a 16 means of employment, then this provision does not apply 17 to an occupational vehicle owned or leased by that 18 person's employer. In each case the Secretary may issue a 19 restricted driving permit for a period deemed 20 appropriate, except that all permits shall expire within 21 one year from the date of issuance. The Secretary may 22 not, however, issue a restricted driving permit to any 23 person whose current revocation is the result of a second 24 or subsequent conviction for a violation of Section 25 11-501 of this Code or a similar provision of a local 26 ordinance relating to the offense of operating or being 27 in physical control of a motor vehicle while under the 28 influence of alcohol, other drug or drugs, intoxicating 29 compound or compounds, or any similar out-of-state 30 offense, or any combination of those offenses, until the 31 expiration of at least one year from the date of the 32 revocation. A restricted driving permit issued under this 33 Section shall be subject to cancellation, revocation, and 34 suspension by the Secretary of State in like manner and HB2265 Engrossed -28- LRB9206515ARsb 1 for like cause as a driver's license issued under this 2 Code may be cancelled, revoked, or suspended; except that 3 a conviction upon one or more offenses against laws or 4 ordinances regulating the movement of traffic shall be 5 deemed sufficient cause for the revocation, suspension, 6 or cancellation of a restricted driving permit. The 7 Secretary of State may, as a condition to the issuance of 8 a restricted driving permit, require the applicant to 9 participate in a designated driver remedial or 10 rehabilitative program. The Secretary of State is 11 authorized to cancel a restricted driving permit if the 12 permit holder does not successfully complete the program. 13 (c-5) The Secretary of State may, as a condition of the 14 reissuance of a driver's license or permit to an applicant 15 under the age of 18 years whose driver's license or permit 16 has been suspended pursuant to any of the provisions of this 17 Section, require the applicant to participate in a driver 18 remedial education course and be retested under Section 6-109 19 of this Code. 20 (d) This Section is subject to the provisions of the 21 Drivers License Compact. 22 (e) The Secretary of State shall not issue a restricted 23 driving permit to a person under the age of 16 years whose 24 driving privileges have been suspended or revoked under any 25 provisions of this Code. 26 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 27 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 28 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 29 (625 ILCS 5/6-206.2) 30 Sec. 6-206.2. Violations relating to an ignition 31 interlock device. 32 (a) It is unlawful for any person whose driving 33 privilege is restricted by being prohibited from operating a HB2265 Engrossed -29- LRB9206515ARsb 1 motor vehicle not equipped with an ignition interlock device 2 to request or solicit any other person to blow into an 3 ignition interlock device or to start a motor vehicle 4 equipped with the device for the purpose of providing the 5 person so restricted with an operable motor vehicle. 6 (b) It is unlawful to blow into an ignition interlock 7 device or to start a motor vehicle equipped with the device 8 for the purpose of providing an operable motor vehicle to a 9 person whose driving privilege is restricted by being 10 prohibited from operating a motor vehicle not equipped with 11 an ignition interlock device. 12 (c) It is unlawful to tamper with, or circumvent the 13 operation of, an ignition interlock device. 14 (d) Except as provided in subsection (c)(17) of Section 15 5-6-3.1 of the Unified Code of Corrections or by rule, no 16 person shall knowingly rent, lease, or lend a motor vehicle 17 to a person known to have his or her driving privilege 18 restricted by being prohibited from operating a vehicle not 19 equipped with an ignition interlock device, unless the 20 vehicle is equipped with a functioning ignition interlock 21 device. Any person whose driving privilege is so restricted 22 shall notify any person intending to rent, lease, or loan a 23 motor vehicle to the restricted person of the driving 24 restriction imposed upon him or her. 25 A person convicted of a violation of this subsection 26 shall be punished by imprisonment for not more than 6 months 27 or by a fine of not more than $5,000, or both. 28 (e) If a person prohibited under paragraph (2) or 29 paragraph (3) of subsection (c-4) of Section 11-501 from 30 driving any vehicle not equipped with an ignition interlock 31 device nevertheless is convicted of driving a vehicle that is 32 not equipped with the device, that person is prohibited from 33 driving any vehicle not equipped with an ignition interlock 34 device for an additional period of time equal to the initial HB2265 Engrossed -30- LRB9206515ARsb 1 time period that the person was required to use an ignition 2 interlock device. 3 (Source: P.A. 91-127, eff. 1-1-00.) 4 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 5 Sec. 6-208. Period of Suspension - Application After 6 Revocation. 7 (a) Except as otherwise provided by this Code or any 8 other law of this State, the Secretary of State shall not 9 suspend a driver's license, permit or privilege to drive a 10 motor vehicle on the highways for a period of more than one 11 year. 12 (b) Any person whose license, permit or privilege to 13 drive a motor vehicle on the highways has been revoked shall 14 not be entitled to have such license, permit or privilege 15 renewed or restored. However, such person may, except as 16 provided under subsection (d) of Section 6-205, make 17 application for a license pursuant to Section 6-106 (i) if 18 the revocation was for a cause which has been removed or (ii) 19 as provided in the following subparagraphs: 20 1. Except as provided in subparagraphs 2, 3, and 4, 21 the person may make application for a license after the 22 expiration of one year from the effective date of the 23 revocation or, in the case of a violation of paragraph 24 (b) of Section 11-401 of this Code or a similar provision 25 of a local ordinance, after the expiration of 3 years 26 from the effective date of the revocation or, in the case 27 of a violation of Section 9-3 of the Criminal Code of 28 1961 relating to the offense of reckless homicide, after 29 the expiration of 2 years from the effective date of the 30 revocation. 31 2. If such person is convicted of committing a 32 second violation within a 20 year period of: 33 (A) Section 11-501 of this Code, or a similar HB2265 Engrossed -31- LRB9206515ARsb 1 provision of a local ordinance; or 2 (B) Paragraph (b) of Section 11-401 of this 3 Code, or a similar provision of a local ordinance; 4 or 5 (C) Section 9-3 of the Criminal Code of 1961, 6 as amended, relating to the offense of reckless 7 homicide; or 8 (D) any combination of the above offenses 9 committed at different instances; 10 then such person may not make application for a license 11 until after the expiration of 5 years from the effective 12 date of the most recent revocation. The 20 year period 13 shall be computed by using the dates the offenses were 14 committed and shall also include similar out-of-state 15 offenses. 16 3. However, except as provided in subparagraph 4, 17 if such person is convicted of committing a third, or 18 subsequent, violation or any combination of the above 19 offenses, including similar out-of-state offenses, 20 contained in subparagraph 2, then such person may not 21 make application for a license until after the expiration 22 of 10 years from the effective date of the most recent 23 revocation. 24 4. The person may not make application for a 25 license if the person is convicted of committing a fourth 26 or subsequent violation of Section 11-501 of this Code or 27 a similar provision of a local ordinance, paragraph (b) 28 of Section 11-401 of this Code, Section 9-3 of the 29 Criminal Code of 1961, or a combination of these offenses 30 or similar provisions of local ordinances or similar 31 out-of-state offensesif the original revocation or32suspension was for a violation of Section 11-501 or3311-501.1 of this Code or a similar provision of a local34ordinance. HB2265 Engrossed -32- LRB9206515ARsb 1 Notwithstanding any other provision of this Code, all 2 persons referred to in this paragraph (b) may not have their 3 privileges restored until the Secretary receives payment of 4 the required reinstatement fee pursuant to subsection (b) of 5 Section 6-118. 6 In no event shall the Secretary issue such license unless 7 and until such person has had a hearing pursuant to this Code 8 and the appropriate administrative rules and the Secretary is 9 satisfied, after a review or investigation of such person, 10 that to grant the privilege of driving a motor vehicle on the 11 highways will not endanger the public safety or welfare. 12 (c) If a person prohibited under paragraph (2) or 13 paragraph (3) of subsection (c-4) of Section 11-501 from 14 driving any vehicle not equipped with an ignition interlock 15 device nevertheless is convicted of driving a vehicle that is 16 not equipped with the device, that person is prohibited from 17 driving any vehicle not equipped with an ignition interlock 18 device for an additional period of time equal to the initial 19 time period that the person was required to use an ignition 20 interlock device. 21 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99; 22 91-357, eff. 7-29-99.) 23 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 24 Sec. 11-501. Driving while under the influence of 25 alcohol, other drug or drugs, intoxicating compound or 26 compounds or any combination thereof. 27 (a) A person shall not drive or be in actual physical 28 control of any vehicle within this State while: 29 (1) the alcohol concentration in the person's blood 30 or breath is 0.08 or more based on the definition of 31 blood and breath units in Section 11-501.2; 32 (2) under the influence of alcohol; 33 (3) under the influence of any intoxicating HB2265 Engrossed -33- LRB9206515ARsb 1 compound or combination of intoxicating compounds to a 2 degree that renders the person incapable of driving 3 safely; 4 (4) under the influence of any other drug or 5 combination of drugs to a degree that renders the person 6 incapable of safely driving; 7 (5) under the combined influence of alcohol, other 8 drug or drugs, or intoxicating compound or compounds to a 9 degree that renders the person incapable of safely 10 driving; or 11 (6) there is any amount of a drug, substance, or 12 compound in the person's breath, blood, or urine 13 resulting from the unlawful use or consumption of 14 cannabis listed in the Cannabis Control Act, a controlled 15 substance listed in the Illinois Controlled Substances 16 Act, or an intoxicating compound listed in the Use of 17 Intoxicating Compounds Act. 18 (b) The fact that any person charged with violating this 19 Section is or has been legally entitled to use alcohol, other 20 drug or drugs, or intoxicating compound or compounds, or any 21 combination thereof, shall not constitute a defense against 22 any charge of violating this Section. 23 (c) Except as provided under paragraphs (c-3), (c-4), 24 and (d) of this Section, every person convicted of violating 25 this Section or a similar provision of a local ordinance, 26 shall be guilty of a Class A misdemeanor and, in addition to 27 any other criminal or administrative action, for any second 28 conviction of violating this Section or a similar provision 29 of a law of another state or local ordinance committed within 30 5 years of a previous violation of this Section or a similar 31 provision of a local ordinance shall be mandatorily sentenced 32 to a minimum of 48 consecutive hours of imprisonment or 33 assigned to a minimum of 100 hours of community service as 34 may be determined by the court. Every person convicted of HB2265 Engrossed -34- LRB9206515ARsb 1 violating this Section or a similar provision of a local 2 ordinance shall be subject to a mandatory minimum fine of 3 $500 and a mandatory 5 days of community service in a program 4 benefiting children if the person committed a violation of 5 paragraph (a) or a similar provision of a local ordinance 6 while transporting a person under age 16. Every person 7 convicted a second time for violating this Section or a 8 similar provision of a local ordinance within 5 years of a 9 previous violation of this Section or a similar provision of 10 a law of another state or local ordinance shall be subject to 11 a mandatory minimum fine of $500 and 10 days of mandatory 12 community service in a program benefiting children if the 13 current offense was committed while transporting a person 14 under age 16. The imprisonment or assignment under this 15 subsection shall not be subject to suspension nor shall the 16 person be eligible for probation in order to reduce the 17 sentence or assignment. 18 (c-1) (1) A person who violates this Section during a 19 period in which his or her driving privileges are revoked 20 or suspended, where the revocation or suspension was for 21 a violation of this Section, Section 11-501.1, paragraph 22 (b) of Section 11-401, or Section 9-3 of the Criminal 23 Code of 1961 is guilty of a Class 4 felony. 24 (2) A person who violates this Section a third time 25 during a period in which his or her driving privileges 26 are revoked or suspended where the revocation or 27 suspension was for a violation of this Section, Section 28 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 29 of the Criminal Code of 1961 is guilty of a Class 3 30 felony. 31 (3) A person who violates this Section a fourth or 32 subsequent time during a period in which his or her 33 driving privileges are revoked or suspended where the 34 revocation or suspension was for a violation of this HB2265 Engrossed -35- LRB9206515ARsb 1 Section, Section 11-501.1, paragraph (b) of Section 2 11-401, or Section 9-3 of the Criminal Code of 1961 is 3 guilty of a Class 2 felony. 4 (c-2) (Blank). 5 (c-3) Every person convicted of violating this Section 6 or a similar provision of a local ordinance who had a 7 child under age 16 in the vehicle at the time of the 8 offense shall have his or her punishment under this Act 9 enhanced by 2 days of imprisonment for a first offense, 10 10 days of imprisonment for a second offense, 30 days of 11 imprisonment for a third offense, and 90 days of 12 imprisonment for a fourth or subsequent offense, in 13 addition to the fine and community service required under 14 subsection (c) and the possible imprisonment required 15 under subsection (d). The imprisonment or assignment 16 under this subsection shall not be subject to suspension 17 nor shall the person be eligible for probation in order 18 to reduce the sentence or assignment. 19 (c-4) When a person is convicted of violating 11-501 of 20 the Illinois Vehicle Code, the following penalties apply when 21 his or her blood or breath was .16 or more based on the 22 definition of blood or breath units in Section 11-501.2 or 23 when that person is convicted of violating this Section while 24 transporting a child under the age of 16: 25 (1) A person who violates subsection (a) of Section 26 11-501 of the Illinois Vehicle Code a first time is 27 subject to a mandatory minimum of 100 hours of community 28 service and a minimum fine of $500. 29 (2) A person who violates subsection (a) of Section 30 11-501 of the Illinois Vehicle Code a second time within 31 10 years, in addition to any other penalty that may be 32 imposed, is subject to a mandatory minimum of 30 days of 33 imprisonment or 300 hours of community service, as 34 determined by the court, and a minimum fine of $1,250, HB2265 Engrossed -36- LRB9206515ARsb 1 and that person is prohibited from driving any vehicle 2 not equipped with an ignition interlock device for the 3 duration of the suspension or revocation. The ignition 4 interlock device must remain on the vehicle after full 5 reinstatement of driving privileges for a period of time 6 to be determined by the Secretary by rule. 7 (3) A person who violates subsection (a) of Section 8 11-501 of the Illinois Vehicle Code a third time within 9 20 years is guilty of a Class 4 felony and, in addition 10 to any other penalty that may be imposed, is subject to a 11 mandatory minimum of 90 days of imprisonment and a 12 minimum fine of $2,500, and that person is prohibited 13 from driving any vehicle not equipped with an ignition 14 interlock device for the duration of the suspension or 15 revocation. The ignition interlock device must remain on 16 the vehicle after full reinstatement of driving 17 privileges for a period of time to be determined by the 18 Secretary by rule. 19 (4) A person who violates this subsection (c-4) a 20 fourth or subsequent time is guilty of a Class 2 felony 21 and, in addition to any other penalty that may be 22 imposed, is not eligible for a sentence of probation or 23 conditional discharge and is subject to a minimum fine of 24 $2,500. 25 (d) (1) Every person convicted of committing a violation 26 of this Section shall be guilty of aggravated driving 27 under the influence of alcohol, other drug or drugs, or 28 intoxicating compound or compounds, or any combination 29 thereof if: 30 (A) the person committed a violation of this 31 Section, or a similar provision of a law of another 32 state or a local ordinance when the cause of action 33 is the same as or substantially similar to this 34 Section, for the third or subsequent time; HB2265 Engrossed -37- LRB9206515ARsb 1 (B) the person committed a violation of 2 paragraph (a) while driving a school bus with 3 children on board; 4 (C) the person in committing a violation of 5 paragraph (a) was involved in a motor vehicle 6 accident that resulted in great bodily harm or 7 permanent disability or disfigurement to another, 8 when the violation was a proximate cause of the 9 injuries; or 10 (D) the person committed a violation of 11 paragraph (a) for a second time and has been 12 previously convicted of violating Section 9-3 of the 13 Criminal Code of 1961 relating to reckless homicide 14 in which the person was determined to have been 15 under the influence of alcohol, other drug or drugs, 16 or intoxicating compound or compounds as an element 17 of the offense or the person has previously been 18 convicted under subparagraph (C) of this paragraph 19 (1). 20 (2) Aggravated driving under the influence of 21 alcohol, other drug or drugs, or intoxicating compound or 22 compounds, or any combination thereof is a Class 4 felony 23 for which a person, if sentenced to a term of 24 imprisonment, shall be sentenced to not less than one 25 year and not more than 3 years for a violation of 26 subparagraph (A), (B) or (D) of paragraph (1) of this 27 subsection (d) and not less than one year and not more 28 than 12 years for a violation of subparagraph (C) of 29 paragraph (1) of this subsection (d). For any prosecution 30 under this subsection (d), a certified copy of the 31 driving abstract of the defendant shall be admitted as 32 proof of any prior conviction. 33 (e) After a finding of guilt and prior to any final 34 sentencing, or an order for supervision, for an offense based HB2265 Engrossed -38- LRB9206515ARsb 1 upon an arrest for a violation of this Section or a similar 2 provision of a local ordinance, individuals shall be required 3 to undergo a professional evaluation to determine if an 4 alcohol, drug, or intoxicating compound abuse problem exists 5 and the extent of the problem. Programs conducting these 6 evaluations shall be licensed by the Department of Human 7 Services. The cost of any professional evaluation shall be 8 paid for by the individual required to undergo the 9 professional evaluation. 10 (f) Every person found guilty of violating this Section, 11 whose operation of a motor vehicle while in violation of this 12 Section proximately caused any incident resulting in an 13 appropriate emergency response, shall be liable for the 14 expense of an emergency response as provided under Section 15 5-5-3 of the Unified Code of Corrections. 16 (g) The Secretary of State shall revoke the driving 17 privileges of any person convicted under this Section or a 18 similar provision of a local ordinance. 19 (h) Every person sentenced under subsection (d) of this 20 Section and who receives a term of probation or conditional 21 discharge shall be required to serve a minimum term of either 22 30 days community service or, beginning July 1, 1993, 48 23 consecutive hours of imprisonment as a condition of the 24 probation or conditional discharge. This mandatory minimum 25 term of imprisonment or assignment of community service shall 26 not be suspended and shall not be subject to reduction by the 27 court. 28 (i) The Secretary of State may use ignition interlock 29 device requirements when granting driving relief to 30 individuals who have been arrested for a second or subsequent 31 offense of this Section or a similar provision of a local 32 ordinance. The Secretary shall establish by rule and 33 regulation the procedures for use of the interlock system. 34 (j) In addition to any other penalties and liabilities, HB2265 Engrossed -39- LRB9206515ARsb 1 a person who is found guilty of or pleads guilty to violating 2 this Section, including any person placed on court 3 supervision for violating this Section, shall be fined $100, 4 payable to the circuit clerk, who shall distribute the money 5 to the law enforcement agency that made the arrest. In the 6 event that more than one agency is responsible for the 7 arrest, the $100 shall be shared equally. Any moneys 8 received by a law enforcement agency under this subsection 9 (j) shall be used to purchase law enforcement equipment that 10 will assist in the prevention of alcohol related criminal 11 violence throughout the State. This shall include, but is 12 not limited to, in-car video cameras, radar and laser speed 13 detection devices, and alcohol breath testers. Any moneys 14 received by the Department of State Police under this 15 subsection (j) shall be deposited into the State Police DUI 16 Fund and shall be used to purchase law enforcement equipment 17 that will assist in the prevention of alcohol related 18 criminal violence throughout the State. 19 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 20 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 21 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 22 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 23 Section 15. The Unified Code of Corrections is amended 24 by changing Sections 5-5-3 and 5-6-3 as follows: 25 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 26 Sec. 5-5-3. Disposition. 27 (a) Every person convicted of an offense shall be 28 sentenced as provided in this Section. 29 (b) The following options shall be appropriate 30 dispositions, alone or in combination, for all felonies and 31 misdemeanors other than those identified in subsection (c) of 32 this Section: HB2265 Engrossed -40- LRB9206515ARsb 1 (1) A period of probation. 2 (2) A term of periodic imprisonment. 3 (3) A term of conditional discharge. 4 (4) A term of imprisonment. 5 (5) An order directing the offender to clean up and 6 repair the damage, if the offender was convicted under 7 paragraph (h) of Section 21-1 of the Criminal Code of 8 1961. 9 (6) A fine. 10 (7) An order directing the offender to make 11 restitution to the victim under Section 5-5-6 of this 12 Code. 13 (8) A sentence of participation in a county impact 14 incarceration program under Section 5-8-1.2 of this Code. 15 Whenever an individual is sentenced for an offense based 16 upon an arrest for a violation of Section 11-501 of the 17 Illinois Vehicle Code, or a similar provision of a local 18 ordinance, and the professional evaluation recommends 19 remedial or rehabilitative treatment or education, neither 20 the treatment nor the education shall be the sole disposition 21 and either or both may be imposed only in conjunction with 22 another disposition. The court shall monitor compliance with 23 any remedial education or treatment recommendations contained 24 in the professional evaluation. Programs conducting alcohol 25 or other drug evaluation or remedial education must be 26 licensed by the Department of Human Services. However, if 27 the individual is not a resident of Illinois, the court may 28 accept an alcohol or other drug evaluation or remedial 29 education program in the state of such individual's 30 residence. Programs providing treatment must be licensed 31 under existing applicable alcoholism and drug treatment 32 licensure standards. 33 In addition to any other fine or penalty required by law, 34 any individual convicted of a violation of Section 11-501 of HB2265 Engrossed -41- LRB9206515ARsb 1 the Illinois Vehicle Code or a similar provision of local 2 ordinance, whose operation of a motor vehicle while in 3 violation of Section 11-501 or such ordinance proximately 4 caused an incident resulting in an appropriate emergency 5 response, shall be required to make restitution to a public 6 agency for the costs of that emergency response. Such 7 restitution shall not exceed $500 per public agency for each 8 such emergency response. For the purpose of this paragraph, 9 emergency response shall mean any incident requiring a 10 response by: a police officer as defined under Section 1-162 11 of the Illinois Vehicle Code; a fireman carried on the rolls 12 of a regularly constituted fire department; and an ambulance 13 as defined under Section 4.05 of the Emergency Medical 14 Services (EMS) Systems Act. 15 Neither a fine nor restitution shall be the sole 16 disposition for a felony and either or both may be imposed 17 only in conjunction with another disposition. 18 (c) (1) When a defendant is found guilty of first degree 19 murder the State may either seek a sentence of 20 imprisonment under Section 5-8-1 of this Code, or where 21 appropriate seek a sentence of death under Section 9-1 of 22 the Criminal Code of 1961. 23 (2) A period of probation, a term of periodic 24 imprisonment or conditional discharge shall not be 25 imposed for the following offenses. The court shall 26 sentence the offender to not less than the minimum term 27 of imprisonment set forth in this Code for the following 28 offenses, and may order a fine or restitution or both in 29 conjunction with such term of imprisonment: 30 (A) First degree murder where the death 31 penalty is not imposed. 32 (B) Attempted first degree murder. 33 (C) A Class X felony. 34 (D) A violation of Section 401.1 or 407 of the HB2265 Engrossed -42- LRB9206515ARsb 1 Illinois Controlled Substances Act, or a violation 2 of subdivision (c)(2) of Section 401 of that Act 3 which relates to more than 5 grams of a substance 4 containing cocaine or an analog thereof. 5 (E) A violation of Section 5.1 or 9 of the 6 Cannabis Control Act. 7 (F) A Class 2 or greater felony if the 8 offender had been convicted of a Class 2 or greater 9 felony within 10 years of the date on which the 10 offender committed the offense for which he or she 11 is being sentenced, except as otherwise provided in 12 Section 40-10 of the Alcoholism and Other Drug Abuse 13 and Dependency Act. 14 (G) Residential burglary, except as otherwise 15 provided in Section 40-10 of the Alcoholism and 16 Other Drug Abuse and Dependency Act. 17 (H) Criminal sexual assault, except as 18 otherwise provided in subsection (e) of this 19 Section. 20 (I) Aggravated battery of a senior citizen. 21 (J) A forcible felony if the offense was 22 related to the activities of an organized gang. 23 Before July 1, 1994, for the purposes of this 24 paragraph, "organized gang" means an association of 25 5 or more persons, with an established hierarchy, 26 that encourages members of the association to 27 perpetrate crimes or provides support to the members 28 of the association who do commit crimes. 29 Beginning July 1, 1994, for the purposes of 30 this paragraph, "organized gang" has the meaning 31 ascribed to it in Section 10 of the Illinois 32 Streetgang Terrorism Omnibus Prevention Act. 33 (K) Vehicular hijacking. 34 (L) A second or subsequent conviction for the HB2265 Engrossed -43- LRB9206515ARsb 1 offense of hate crime when the underlying offense 2 upon which the hate crime is based is felony 3 aggravated assault or felony mob action. 4 (M) A second or subsequent conviction for the 5 offense of institutional vandalism if the damage to 6 the property exceeds $300. 7 (N) A Class 3 felony violation of paragraph 8 (1) of subsection (a) of Section 2 of the Firearm 9 Owners Identification Card Act. 10 (O) A violation of Section 12-6.1 of the 11 Criminal Code of 1961. 12 (P) A violation of paragraph (1), (2), (3), 13 (4), (5), or (7) of subsection (a) of Section 14 11-20.1 of the Criminal Code of 1961. 15 (Q) A violation of Section 20-1.2 of the 16 Criminal Code of 1961. 17 (R) A violation of Section 24-3A of the 18 Criminal Code of 1961. 19 (3) A minimum term of imprisonment of not less than 20 48 consecutive hours or 100 hours of community service as 21 may be determined by the court shall be imposed for a 22 second or subsequent violation committed within 5 years 23 of a previous violation of Section 11-501 of the Illinois 24 Vehicle Code or a similar provision of a local ordinance. 25 (4) A minimum term of imprisonment of not less than 26 7 consecutive days or 30 days of community service shall 27 be imposed for a violation of paragraph (c) of Section 28 6-303 of the Illinois Vehicle Code. 29 (4.1) A minimum term of 30 consecutive days of 30 imprisonment, 40 days of 24 hour periodic imprisonment or 31 720 hours of community service, as may be determined by 32 the court, shall be imposed for a violation of Section 33 11-501 of the Illinois Vehicle Code during a period in 34 which the defendant's driving privileges are revoked or HB2265 Engrossed -44- LRB9206515ARsb 1 suspended, where the revocation or suspension was for a 2 violation of Section 11-501 or Section 11-501.1 of that 3 Code. 4 (5) The court may sentence an offender convicted of 5 a business offense or a petty offense or a corporation or 6 unincorporated association convicted of any offense to: 7 (A) a period of conditional discharge; 8 (B) a fine; 9 (C) make restitution to the victim under 10 Section 5-5-6 of this Code. 11 (6) In no case shall an offender be eligible for a 12 disposition of probation or conditional discharge for a 13 Class 1 felony committed while he was serving a term of 14 probation or conditional discharge for a felony. 15 (7) When a defendant is adjudged a habitual 16 criminal under Article 33B of the Criminal Code of 1961, 17 the court shall sentence the defendant to a term of 18 natural life imprisonment. 19 (8) When a defendant, over the age of 21 years, is 20 convicted of a Class 1 or Class 2 felony, after having 21 twice been convicted of any Class 2 or greater Class 22 felonies in Illinois, and such charges are separately 23 brought and tried and arise out of different series of 24 acts, such defendant shall be sentenced as a Class X 25 offender. This paragraph shall not apply unless (1) the 26 first felony was committed after the effective date of 27 this amendatory Act of 1977; and (2) the second felony 28 was committed after conviction on the first; and (3) the 29 third felony was committed after conviction on the 30 second. 31 (9) A defendant convicted of a second or subsequent 32 offense of ritualized abuse of a child may be sentenced 33 to a term of natural life imprisonment. 34 (10) When a person is convicted of violating HB2265 Engrossed -45- LRB9206515ARsb 1 Section 11-501 of the Illinois Vehicle Code, the 2 following penalties apply when his or her blood or breath 3 was .16 or more based on the definition of blood or 4 breath units in Section 11-501.2 or that person is 5 convicted of violating Section 11-501 of the Illinois 6 Vehicle Code while transporting a child under the age of 7 16: 8 (A) For a first violation of subsection (a) of 9 Section 11-501: a mandatory minimum of 100 hours of 10 community service and a minimum fine of $500. 11 (B) For a second violation of subsection (a) 12 of Section 11-501 within 10 years: a mandatory 13 minimum of 30 days of imprisonment or 300 hours of 14 community service, as determined by the court, and a 15 minimum fine of $1,250. 16 (C) For a third violation of subsection (a) of 17 Section 11-501 within 20 years: a mandatory minimum 18 of 90 days of imprisonment and a minimum fine of 19 $2,500. 20 (D) For a fourth or subsequent violation of 21 subsection (a) of Section 11-501: ineligibility for 22 a sentence of probation or conditional discharge and 23 a minimum fine of $2,500. 24 (d) In any case in which a sentence originally imposed 25 is vacated, the case shall be remanded to the trial court. 26 The trial court shall hold a hearing under Section 5-4-1 of 27 the Unified Code of Corrections which may include evidence of 28 the defendant's life, moral character and occupation during 29 the time since the original sentence was passed. The trial 30 court shall then impose sentence upon the defendant. The 31 trial court may impose any sentence which could have been 32 imposed at the original trial subject to Section 5-5-4 of the 33 Unified Code of Corrections. 34 (e) In cases where prosecution for criminal sexual HB2265 Engrossed -46- LRB9206515ARsb 1 assault or aggravated criminal sexual abuse under Section 2 12-13 or 12-16 of the Criminal Code of 1961 results in 3 conviction of a defendant who was a family member of the 4 victim at the time of the commission of the offense, the 5 court shall consider the safety and welfare of the victim and 6 may impose a sentence of probation only where: 7 (1) the court finds (A) or (B) or both are 8 appropriate: 9 (A) the defendant is willing to undergo a 10 court approved counseling program for a minimum 11 duration of 2 years; or 12 (B) the defendant is willing to participate in 13 a court approved plan including but not limited to 14 the defendant's: 15 (i) removal from the household; 16 (ii) restricted contact with the victim; 17 (iii) continued financial support of the 18 family; 19 (iv) restitution for harm done to the 20 victim; and 21 (v) compliance with any other measures 22 that the court may deem appropriate; and 23 (2) the court orders the defendant to pay for the 24 victim's counseling services, to the extent that the 25 court finds, after considering the defendant's income and 26 assets, that the defendant is financially capable of 27 paying for such services, if the victim was under 18 28 years of age at the time the offense was committed and 29 requires counseling as a result of the offense. 30 Probation may be revoked or modified pursuant to Section 31 5-6-4; except where the court determines at the hearing that 32 the defendant violated a condition of his or her probation 33 restricting contact with the victim or other family members 34 or commits another offense with the victim or other family HB2265 Engrossed -47- LRB9206515ARsb 1 members, the court shall revoke the defendant's probation and 2 impose a term of imprisonment. 3 For the purposes of this Section, "family member" and 4 "victim" shall have the meanings ascribed to them in Section 5 12-12 of the Criminal Code of 1961. 6 (f) This Article shall not deprive a court in other 7 proceedings to order a forfeiture of property, to suspend or 8 cancel a license, to remove a person from office, or to 9 impose any other civil penalty. 10 (g) Whenever a defendant is convicted of an offense 11 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 12 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 13 12-15 or 12-16 of the Criminal Code of 1961, the defendant 14 shall undergo medical testing to determine whether the 15 defendant has any sexually transmissible disease, including a 16 test for infection with human immunodeficiency virus (HIV) or 17 any other identified causative agent of acquired 18 immunodeficiency syndrome (AIDS). Any such medical test 19 shall be performed only by appropriately licensed medical 20 practitioners and may include an analysis of any bodily 21 fluids as well as an examination of the defendant's person. 22 Except as otherwise provided by law, the results of such test 23 shall be kept strictly confidential by all medical personnel 24 involved in the testing and must be personally delivered in a 25 sealed envelope to the judge of the court in which the 26 conviction was entered for the judge's inspection in camera. 27 Acting in accordance with the best interests of the victim 28 and the public, the judge shall have the discretion to 29 determine to whom, if anyone, the results of the testing may 30 be revealed. The court shall notify the defendant of the test 31 results. The court shall also notify the victim if requested 32 by the victim, and if the victim is under the age of 15 and 33 if requested by the victim's parents or legal guardian, the 34 court shall notify the victim's parents or legal guardian of HB2265 Engrossed -48- LRB9206515ARsb 1 the test results. The court shall provide information on the 2 availability of HIV testing and counseling at Department of 3 Public Health facilities to all parties to whom the results 4 of the testing are revealed and shall direct the State's 5 Attorney to provide the information to the victim when 6 possible. A State's Attorney may petition the court to obtain 7 the results of any HIV test administered under this Section, 8 and the court shall grant the disclosure if the State's 9 Attorney shows it is relevant in order to prosecute a charge 10 of criminal transmission of HIV under Section 12-16.2 of the 11 Criminal Code of 1961 against the defendant. The court shall 12 order that the cost of any such test shall be paid by the 13 county and may be taxed as costs against the convicted 14 defendant. 15 (g-5) When an inmate is tested for an airborne 16 communicable disease, as determined by the Illinois 17 Department of Public Health including but not limited to 18 tuberculosis, the results of the test shall be personally 19 delivered by the warden or his or her designee in a sealed 20 envelope to the judge of the court in which the inmate must 21 appear for the judge's inspection in camera if requested by 22 the judge. Acting in accordance with the best interests of 23 those in the courtroom, the judge shall have the discretion 24 to determine what if any precautions need to be taken to 25 prevent transmission of the disease in the courtroom. 26 (h) Whenever a defendant is convicted of an offense 27 under Section 1 or 2 of the Hypodermic Syringes and Needles 28 Act, the defendant shall undergo medical testing to determine 29 whether the defendant has been exposed to human 30 immunodeficiency virus (HIV) or any other identified 31 causative agent of acquired immunodeficiency syndrome (AIDS). 32 Except as otherwise provided by law, the results of such test 33 shall be kept strictly confidential by all medical personnel 34 involved in the testing and must be personally delivered in a HB2265 Engrossed -49- LRB9206515ARsb 1 sealed envelope to the judge of the court in which the 2 conviction was entered for the judge's inspection in camera. 3 Acting in accordance with the best interests of the public, 4 the judge shall have the discretion to determine to whom, if 5 anyone, the results of the testing may be revealed. The court 6 shall notify the defendant of a positive test showing an 7 infection with the human immunodeficiency virus (HIV). The 8 court shall provide information on the availability of HIV 9 testing and counseling at Department of Public Health 10 facilities to all parties to whom the results of the testing 11 are revealed and shall direct the State's Attorney to provide 12 the information to the victim when possible. A State's 13 Attorney may petition the court to obtain the results of any 14 HIV test administered under this Section, and the court 15 shall grant the disclosure if the State's Attorney shows it 16 is relevant in order to prosecute a charge of criminal 17 transmission of HIV under Section 12-16.2 of the Criminal 18 Code of 1961 against the defendant. The court shall order 19 that the cost of any such test shall be paid by the county 20 and may be taxed as costs against the convicted defendant. 21 (i) All fines and penalties imposed under this Section 22 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 23 Vehicle Code, or a similar provision of a local ordinance, 24 and any violation of the Child Passenger Protection Act, or a 25 similar provision of a local ordinance, shall be collected 26 and disbursed by the circuit clerk as provided under Section 27 27.5 of the Clerks of Courts Act. 28 (j) In cases when prosecution for any violation of 29 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 30 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 31 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 32 12-16 of the Criminal Code of 1961, any violation of the 33 Illinois Controlled Substances Act, or any violation of the 34 Cannabis Control Act results in conviction, a disposition of HB2265 Engrossed -50- LRB9206515ARsb 1 court supervision, or an order of probation granted under 2 Section 10 of the Cannabis Control Act or Section 410 of the 3 Illinois Controlled Substance Act of a defendant, the court 4 shall determine whether the defendant is employed by a 5 facility or center as defined under the Child Care Act of 6 1969, a public or private elementary or secondary school, or 7 otherwise works with children under 18 years of age on a 8 daily basis. When a defendant is so employed, the court 9 shall order the Clerk of the Court to send a copy of the 10 judgment of conviction or order of supervision or probation 11 to the defendant's employer by certified mail. If the 12 employer of the defendant is a school, the Clerk of the Court 13 shall direct the mailing of a copy of the judgment of 14 conviction or order of supervision or probation to the 15 appropriate regional superintendent of schools. The regional 16 superintendent of schools shall notify the State Board of 17 Education of any notification under this subsection. 18 (j-5) A defendant at least 17 years of age who is 19 convicted of a felony and who has not been previously 20 convicted of a misdemeanor or felony and who is sentenced to 21 a term of imprisonment in the Illinois Department of 22 Corrections shall as a condition of his or her sentence be 23 required by the court to attend educational courses designed 24 to prepare the defendant for a high school diploma and to 25 work toward a high school diploma or to work toward passing 26 the high school level Test of General Educational Development 27 (GED) or to work toward completing a vocational training 28 program offered by the Department of Corrections. If a 29 defendant fails to complete the educational training required 30 by his or her sentence during the term of incarceration, the 31 Prisoner Review Board shall, as a condition of mandatory 32 supervised release, require the defendant, at his or her own 33 expense, to pursue a course of study toward a high school 34 diploma or passage of the GED test. The Prisoner Review HB2265 Engrossed -51- LRB9206515ARsb 1 Board shall revoke the mandatory supervised release of a 2 defendant who wilfully fails to comply with this subsection 3 (j-5) upon his or her release from confinement in a penal 4 institution while serving a mandatory supervised release 5 term; however, the inability of the defendant after making a 6 good faith effort to obtain financial aid or pay for the 7 educational training shall not be deemed a wilful failure to 8 comply. The Prisoner Review Board shall recommit the 9 defendant whose mandatory supervised release term has been 10 revoked under this subsection (j-5) as provided in Section 11 3-3-9. This subsection (j-5) does not apply to a defendant 12 who has a high school diploma or has successfully passed the 13 GED test. This subsection (j-5) does not apply to a defendant 14 who is determined by the court to be developmentally disabled 15 or otherwise mentally incapable of completing the educational 16 or vocational program. 17 (k) A court may not impose a sentence or disposition for 18 a felony or misdemeanor that requires the defendant to be 19 implanted or injected with or to use any form of birth 20 control. 21 (l) (A) Except as provided in paragraph (C) of 22 subsection (l), whenever a defendant, who is an alien as 23 defined by the Immigration and Nationality Act, is 24 convicted of any felony or misdemeanor offense, the court 25 after sentencing the defendant may, upon motion of the 26 State's Attorney, hold sentence in abeyance and remand 27 the defendant to the custody of the Attorney General of 28 the United States or his or her designated agent to be 29 deported when: 30 (1) a final order of deportation has been 31 issued against the defendant pursuant to proceedings 32 under the Immigration and Nationality Act, and 33 (2) the deportation of the defendant would not 34 deprecate the seriousness of the defendant's conduct HB2265 Engrossed -52- LRB9206515ARsb 1 and would not be inconsistent with the ends of 2 justice. 3 Otherwise, the defendant shall be sentenced as 4 provided in this Chapter V. 5 (B) If the defendant has already been sentenced for 6 a felony or misdemeanor offense, or has been placed on 7 probation under Section 10 of the Cannabis Control Act or 8 Section 410 of the Illinois Controlled Substances Act, 9 the court may, upon motion of the State's Attorney to 10 suspend the sentence imposed, commit the defendant to the 11 custody of the Attorney General of the United States or 12 his or her designated agent when: 13 (1) a final order of deportation has been 14 issued against the defendant pursuant to proceedings 15 under the Immigration and Nationality Act, and 16 (2) the deportation of the defendant would not 17 deprecate the seriousness of the defendant's conduct 18 and would not be inconsistent with the ends of 19 justice. 20 (C) This subsection (l) does not apply to offenders 21 who are subject to the provisions of paragraph (2) of 22 subsection (a) of Section 3-6-3. 23 (D) Upon motion of the State's Attorney, if a 24 defendant sentenced under this Section returns to the 25 jurisdiction of the United States, the defendant shall be 26 recommitted to the custody of the county from which he or 27 she was sentenced. Thereafter, the defendant shall be 28 brought before the sentencing court, which may impose any 29 sentence that was available under Section 5-5-3 at the 30 time of initial sentencing. In addition, the defendant 31 shall not be eligible for additional good conduct credit 32 for meritorious service as provided under Section 3-6-6. 33 (m) A person convicted of criminal defacement of 34 property under Section 21-1.3 of the Criminal Code of 1961, HB2265 Engrossed -53- LRB9206515ARsb 1 in which the property damage exceeds $300 and the property 2 damaged is a school building, shall be ordered to perform 3 community service that may include cleanup, removal, or 4 painting over the defacement. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 8 12-22-99; 91-695, eff. 4-13-00.) 9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 10 Sec. 5-6-3. Conditions of Probation and of Conditional 11 Discharge. 12 (a) The conditions of probation and of conditional 13 discharge shall be that the person: 14 (1) not violate any criminal statute of any 15 jurisdiction; 16 (2) report to or appear in person before such 17 person or agency as directed by the court; 18 (3) refrain from possessing a firearm or other 19 dangerous weapon; 20 (4) not leave the State without the consent of the 21 court or, in circumstances in which the reason for the 22 absence is of such an emergency nature that prior consent 23 by the court is not possible, without the prior 24 notification and approval of the person's probation 25 officer; 26 (5) permit the probation officer to visit him at 27 his home or elsewhere to the extent necessary to 28 discharge his duties; 29 (6) perform no less than 30 hours of community 30 service and not more than 120 hours of community service, 31 if community service is available in the jurisdiction and 32 is funded and approved by the county board where the 33 offense was committed, where the offense was related to HB2265 Engrossed -54- LRB9206515ARsb 1 or in furtherance of the criminal activities of an 2 organized gang and was motivated by the offender's 3 membership in or allegiance to an organized gang. The 4 community service shall include, but not be limited to, 5 the cleanup and repair of any damage caused by a 6 violation of Section 21-1.3 of the Criminal Code of 1961 7 and similar damage to property located within the 8 municipality or county in which the violation occurred. 9 When possible and reasonable, the community service 10 should be performed in the offender's neighborhood. For 11 purposes of this Section, "organized gang" has the 12 meaning ascribed to it in Section 10 of the Illinois 13 Streetgang Terrorism Omnibus Prevention Act; 14 (7) if he or she is at least 17 years of age and 15 has been sentenced to probation or conditional discharge 16 for a misdemeanor or felony in a county of 3,000,000 or 17 more inhabitants and has not been previously convicted of 18 a misdemeanor or felony, may be required by the 19 sentencing court to attend educational courses designed 20 to prepare the defendant for a high school diploma and to 21 work toward a high school diploma or to work toward 22 passing the high school level Test of General Educational 23 Development (GED) or to work toward completing a 24 vocational training program approved by the court. The 25 person on probation or conditional discharge must attend 26 a public institution of education to obtain the 27 educational or vocational training required by this 28 clause (7). The court shall revoke the probation or 29 conditional discharge of a person who wilfully fails to 30 comply with this clause (7). The person on probation or 31 conditional discharge shall be required to pay for the 32 cost of the educational courses or GED test, if a fee is 33 charged for those courses or test. The court shall 34 resentence the offender whose probation or conditional HB2265 Engrossed -55- LRB9206515ARsb 1 discharge has been revoked as provided in Section 5-6-4. 2 This clause (7) does not apply to a person who has a high 3 school diploma or has successfully passed the GED test. 4 This clause (7) does not apply to a person who is 5 determined by the court to be developmentally disabled or 6 otherwise mentally incapable of completing the 7 educational or vocational program; and 8 (8) if convicted of possession of a substance 9 prohibited by the Cannabis Control Act or Illinois 10 Controlled Substances Act after a previous conviction or 11 disposition of supervision for possession of a substance 12 prohibited by the Cannabis Control Act or Illinois 13 Controlled Substances Act or after a sentence of 14 probation under Section 10 of the Cannabis Control Act or 15 Section 410 of the Illinois Controlled Substances Act and 16 upon a finding by the court that the person is addicted, 17 undergo treatment at a substance abuse program approved 18 by the court. 19 (b) The Court may in addition to other reasonable 20 conditions relating to the nature of the offense or the 21 rehabilitation of the defendant as determined for each 22 defendant in the proper discretion of the Court require that 23 the person: 24 (1) serve a term of periodic imprisonment under 25 Article 7 for a period not to exceed that specified in 26 paragraph (d) of Section 5-7-1; 27 (2) pay a fine and costs; 28 (3) work or pursue a course of study or vocational 29 training; 30 (4) undergo medical, psychological or psychiatric 31 treatment; or treatment for drug addiction or alcoholism; 32 (5) attend or reside in a facility established for 33 the instruction or residence of defendants on probation; 34 (6) support his dependents; HB2265 Engrossed -56- LRB9206515ARsb 1 (7) and in addition, if a minor: 2 (i) reside with his parents or in a foster 3 home; 4 (ii) attend school; 5 (iii) attend a non-residential program for 6 youth; 7 (iv) contribute to his own support at home or 8 in a foster home; 9 (8) make restitution as provided in Section 5-5-6 10 of this Code; 11 (9) perform some reasonable public or community 12 service; 13 (10) serve a term of home confinement. In addition 14 to any other applicable condition of probation or 15 conditional discharge, the conditions of home confinement 16 shall be that the offender: 17 (i) remain within the interior premises of the 18 place designated for his confinement during the 19 hours designated by the court; 20 (ii) admit any person or agent designated by 21 the court into the offender's place of confinement 22 at any time for purposes of verifying the offender's 23 compliance with the conditions of his confinement; 24 and 25 (iii) if further deemed necessary by the court 26 or the Probation or Court Services Department, be 27 placed on an approved electronic monitoring device, 28 subject to Article 8A of Chapter V; 29 (iv) for persons convicted of any alcohol, 30 cannabis or controlled substance violation who are 31 placed on an approved monitoring device as a 32 condition of probation or conditional discharge, the 33 court shall impose a reasonable fee for each day of 34 the use of the device, as established by the county HB2265 Engrossed -57- LRB9206515ARsb 1 board in subsection (g) of this Section, unless 2 after determining the inability of the offender to 3 pay the fee, the court assesses a lesser fee or no 4 fee as the case may be. This fee shall be imposed in 5 addition to the fees imposed under subsections (g) 6 and (i) of this Section. The fee shall be collected 7 by the clerk of the circuit court. The clerk of the 8 circuit court shall pay all monies collected from 9 this fee to the county treasurer for deposit in the 10 substance abuse services fund under Section 5-1086.1 11 of the Counties Code; and 12 (v) for persons convicted of offenses other 13 than those referenced in clause (iv) above and who 14 are placed on an approved monitoring device as a 15 condition of probation or conditional discharge, the 16 court shall impose a reasonable fee for each day of 17 the use of the device, as established by the county 18 board in subsection (g) of this Section, unless 19 after determining the inability of the defendant to 20 pay the fee, the court assesses a lesser fee or no 21 fee as the case may be. This fee shall be imposed 22 in addition to the fees imposed under subsections 23 (g) and (i) of this Section. The fee shall be 24 collected by the clerk of the circuit court. The 25 clerk of the circuit court shall pay all monies 26 collected from this fee to the county treasurer who 27 shall use the monies collected to defray the costs 28 of corrections. The county treasurer shall deposit 29 the fee collected in the county working cash fund 30 under Section 6-27001 or Section 6-29002 of the 31 Counties Code, as the case may be. 32 (11) comply with the terms and conditions of an 33 order of protection issued by the court pursuant to the 34 Illinois Domestic Violence Act of 1986, as now or HB2265 Engrossed -58- LRB9206515ARsb 1 hereafter amended, or an order of protection issued by 2 the court of another state, tribe, or United States 3 territory. A copy of the order of protection shall be 4 transmitted to the probation officer or agency having 5 responsibility for the case; 6 (12) reimburse any "local anti-crime program" as 7 defined in Section 7 of the Anti-Crime Advisory Council 8 Act for any reasonable expenses incurred by the program 9 on the offender's case, not to exceed the maximum amount 10 of the fine authorized for the offense for which the 11 defendant was sentenced; 12 (13) contribute a reasonable sum of money, not to 13 exceed the maximum amount of the fine authorized for the 14 offense for which the defendant was sentenced, to a 15 "local anti-crime program", as defined in Section 7 of 16 the Anti-Crime Advisory Council Act; 17 (14) refrain from entering into a designated 18 geographic area except upon such terms as the court finds 19 appropriate. Such terms may include consideration of the 20 purpose of the entry, the time of day, other persons 21 accompanying the defendant, and advance approval by a 22 probation officer, if the defendant has been placed on 23 probation or advance approval by the court, if the 24 defendant was placed on conditional discharge; 25 (15) refrain from having any contact, directly or 26 indirectly, with certain specified persons or particular 27 types of persons, including but not limited to members of 28 street gangs and drug users or dealers; 29 (16) refrain from having in his or her body the 30 presence of any illicit drug prohibited by the Cannabis 31 Control Act or the Illinois Controlled Substances Act, 32 unless prescribed by a physician, and submit samples of 33 his or her blood or urine or both for tests to determine 34 the presence of any illicit drug. HB2265 Engrossed -59- LRB9206515ARsb 1 (c) The court may as a condition of probation or of 2 conditional discharge require that a person under 18 years of 3 age found guilty of any alcohol, cannabis or controlled 4 substance violation, refrain from acquiring a driver's 5 license during the period of probation or conditional 6 discharge. If such person is in possession of a permit or 7 license, the court may require that the minor refrain from 8 driving or operating any motor vehicle during the period of 9 probation or conditional discharge, except as may be 10 necessary in the course of the minor's lawful employment. 11 (d) An offender sentenced to probation or to conditional 12 discharge shall be given a certificate setting forth the 13 conditions thereof. 14 (e) The court shall not require as a condition of the 15 sentence of probation or conditional discharge that the 16 offender be committed to a period of imprisonment in excess 17 of 6 months. This 6 month limit shall not include periods of 18 confinement given pursuant to a sentence of county impact 19 incarceration under Section 5-8-1.2. This 6 month limit does 20 not apply to a person sentenced to probation for a fourth or 21 subsequent violation of subsection (c-4) of Section 11-501 of 22 the Illinois Vehicle Code. 23 Persons committed to imprisonment as a condition of 24 probation or conditional discharge shall not be committed to 25 the Department of Corrections. 26 (f) The court may combine a sentence of periodic 27 imprisonment under Article 7 or a sentence to a county impact 28 incarceration program under Article 8 with a sentence of 29 probation or conditional discharge. 30 (g) An offender sentenced to probation or to conditional 31 discharge and who during the term of either undergoes 32 mandatory drug or alcohol testing, or both, or is assigned to 33 be placed on an approved electronic monitoring device, shall 34 be ordered to pay all costs incidental to such mandatory drug HB2265 Engrossed -60- LRB9206515ARsb 1 or alcohol testing, or both, and all costs incidental to such 2 approved electronic monitoring in accordance with the 3 defendant's ability to pay those costs. The county board 4 with the concurrence of the Chief Judge of the judicial 5 circuit in which the county is located shall establish 6 reasonable fees for the cost of maintenance, testing, and 7 incidental expenses related to the mandatory drug or alcohol 8 testing, or both, and all costs incidental to approved 9 electronic monitoring, involved in a successful probation 10 program for the county. The concurrence of the Chief Judge 11 shall be in the form of an administrative order. The fees 12 shall be collected by the clerk of the circuit court. The 13 clerk of the circuit court shall pay all moneys collected 14 from these fees to the county treasurer who shall use the 15 moneys collected to defray the costs of drug testing, alcohol 16 testing, and electronic monitoring. The county treasurer 17 shall deposit the fees collected in the county working cash 18 fund under Section 6-27001 or Section 6-29002 of the Counties 19 Code, as the case may be. 20 (h) Jurisdiction over an offender may be transferred 21 from the sentencing court to the court of another circuit 22 with the concurrence of both courts, or to another state 23 under an Interstate Probation Reciprocal Agreement as 24 provided in Section 3-3-11. Further transfers or retransfers 25 of jurisdiction are also authorized in the same manner. The 26 court to which jurisdiction has been transferred shall have 27 the same powers as the sentencing court. 28 (i) The court shall impose upon an offender sentenced to 29 probation after January 1, 1989 or to conditional discharge 30 after January 1, 1992, as a condition of such probation or 31 conditional discharge, a fee of $25 for each month of 32 probation or conditional discharge supervision ordered by the 33 court, unless after determining the inability of the person 34 sentenced to probation or conditional discharge to pay the HB2265 Engrossed -61- LRB9206515ARsb 1 fee, the court assesses a lesser fee. The court may not 2 impose the fee on a minor who is made a ward of the State 3 under the Juvenile Court Act of 1987 while the minor is in 4 placement. The fee shall be imposed only upon an offender who 5 is actively supervised by the probation and court services 6 department. The fee shall be collected by the clerk of the 7 circuit court. The clerk of the circuit court shall pay all 8 monies collected from this fee to the county treasurer for 9 deposit in the probation and court services fund under 10 Section 15.1 of the Probation and Probation Officers Act. 11 (j) All fines and costs imposed under this Section for 12 any violation of Chapters 3, 4, 6, and 11 of the Illinois 13 Vehicle Code, or a similar provision of a local ordinance, 14 and any violation of the Child Passenger Protection Act, or a 15 similar provision of a local ordinance, shall be collected 16 and disbursed by the circuit clerk as provided under Section 17 27.5 of the Clerks of Courts Act. 18 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 19 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 20 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.