Public Act 102-0982
 
HB5496 EnrolledLRB102 25260 LNS 34533 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. Intent. The intent of this Act is to clarify
that not all crashes are accidental. Crash encompasses all
types of motor vehicle impacts and collisions, including, but
not limited to, an impact or collision caused by negligence,
willful and wanton conduct, or an intentional act. This Act is
not intended to alter the legal rights and obligations under
current law of insurers, applicants, and policy holders.
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and
    regulations implementing federal or State law.
        (b) Private information, unless disclosure is required
    by another provision of this Act, a State or federal law or
    a court order.
        (b-5) Files, documents, and other data or databases
    maintained by one or more law enforcement agencies and
    specifically designed to provide information to one or
    more law enforcement agencies regarding the physical or
    mental status of one or more individual subjects.
        (c) Personal information contained within public
    records, the disclosure of which would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the
    individual subjects of the information. "Unwarranted
    invasion of personal privacy" means the disclosure of
    information that is highly personal or objectionable to a
    reasonable person and in which the subject's right to
    privacy outweighs any legitimate public interest in
    obtaining the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy.
        (d) Records in the possession of any public body
    created in the course of administrative enforcement
    proceedings, and any law enforcement or correctional
    agency for law enforcement purposes, but only to the
    extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency that is the recipient of the request;
            (ii) interfere with active administrative
        enforcement proceedings conducted by the public body
        that is the recipient of the request;
            (iii) create a substantial likelihood that a
        person will be deprived of a fair trial or an impartial
        hearing;
            (iv) unavoidably disclose the identity of a
        confidential source, confidential information
        furnished only by the confidential source, or persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement, or
        penal agencies; except that the identities of
        witnesses to traffic crashes accidents, traffic crash
        accident reports, and rescue reports shall be provided
        by agencies of local government, except when
        disclosure would interfere with an active criminal
        investigation conducted by the agency that is the
        recipient of the request;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known
        or disclose internal documents of correctional
        agencies related to detection, observation or
        investigation of incidents of crime or misconduct, and
        disclosure would result in demonstrable harm to the
        agency or public body that is the recipient of the
        request;
            (vi) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (vii) obstruct an ongoing criminal investigation
        by the agency that is the recipient of the request.
        (d-5) A law enforcement record created for law
    enforcement purposes and contained in a shared electronic
    record management system if the law enforcement agency
    that is the recipient of the request did not create the
    record, did not participate in or have a role in any of the
    events which are the subject of the record, and only has
    access to the record through the shared electronic record
    management system.
        (d-6) Records contained in the Officer Professional
    Conduct Database under Section 9.2 9.4 of the Illinois
    Police Training Act, except to the extent authorized under
    that Section. This includes the documents supplied to the
    Illinois Law Enforcement Training Standards Board from the
    Illinois State Police and Illinois State Police Merit
    Board.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (e-5) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials are available in the library of the correctional
    institution or facility or jail where the inmate is
    confined.
        (e-6) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials include records from staff members' personnel
    files, staff rosters, or other staffing assignment
    information.
        (e-7) Records requested by persons committed to the
    Department of Corrections or Department of Human Services
    Division of Mental Health if those materials are available
    through an administrative request to the Department of
    Corrections or Department of Human Services Division of
    Mental Health.
        (e-8) Records requested by a person committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail, the
    disclosure of which would result in the risk of harm to any
    person or the risk of an escape from a jail or correctional
    institution or facility.
        (e-9) Records requested by a person in a county jail
    or committed to the Department of Corrections or
    Department of Human Services Division of Mental Health,
    containing personal information pertaining to the person's
    victim or the victim's family, including, but not limited
    to, a victim's home address, home telephone number, work
    or school address, work telephone number, social security
    number, or any other identifying information, except as
    may be relevant to a requester's current or potential case
    or claim.
        (e-10) Law enforcement records of other persons
    requested by a person committed to the Department of
    Corrections, Department of Human Services Division of
    Mental Health, or a county jail, including, but not
    limited to, arrest and booking records, mug shots, and
    crime scene photographs, except as these records may be
    relevant to the requester's current or potential case or
    claim.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those
    records of officers and agencies of the General Assembly
    that pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or commercial or financial information are
    furnished under a claim that they are proprietary,
    privileged, or confidential, and that disclosure of the
    trade secrets or commercial or financial information would
    cause competitive harm to the person or business, and only
    insofar as the claim directly applies to the records
    requested.
        The information included under this exemption includes
    all trade secrets and commercial or financial information
    obtained by a public body, including a public pension
    fund, from a private equity fund or a privately held
    company within the investment portfolio of a private
    equity fund as a result of either investing or evaluating
    a potential investment of public funds in a private equity
    fund. The exemption contained in this item does not apply
    to the aggregate financial performance information of a
    private equity fund, nor to the identity of the fund's
    managers or general partners. The exemption contained in
    this item does not apply to the identity of a privately
    held company within the investment portfolio of a private
    equity fund, unless the disclosure of the identity of a
    privately held company may cause competitive harm.
        Nothing contained in this paragraph (g) shall be
    construed to prevent a person or business from consenting
    to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced
    by any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by
    news media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) The following information pertaining to
    educational matters:
            (i) test questions, scoring keys and other
        examination data used to administer an academic
        examination;
            (ii) information received by a primary or
        secondary school, college, or university under its
        procedures for the evaluation of faculty members by
        their academic peers;
            (iii) information concerning a school or
        university's adjudication of student disciplinary
        cases, but only to the extent that disclosure would
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used
        by faculty members.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds,
    including, but not limited to, power generating and
    distribution stations and other transmission and
    distribution facilities, water treatment facilities,
    airport facilities, sport stadiums, convention centers,
    and all government owned, operated, or occupied buildings,
    but only to the extent that disclosure would compromise
    security.
        (l) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public
    under Section 2.06 of the Open Meetings Act.
        (m) Communications between a public body and an
    attorney or auditor representing the public body that
    would not be subject to discovery in litigation, and
    materials prepared or compiled by or for a public body in
    anticipation of a criminal, civil, or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (n) Records relating to a public body's adjudication
    of employee grievances or disciplinary cases; however,
    this exemption shall not extend to the final outcome of
    cases in which discipline is imposed.
        (o) Administrative or technical information associated
    with automated data processing operations, including, but
    not limited to, software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (p) Records relating to collective negotiating matters
    between public bodies and their employees or
    representatives, except that any final contract or
    agreement shall be subject to inspection and copying.
        (q) Test questions, scoring keys, and other
    examination data used to determine the qualifications of
    an applicant for a license or employment.
        (r) The records, documents, and information relating
    to real estate purchase negotiations until those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably contemplated eminent domain proceeding
    under the Eminent Domain Act, records, documents, and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents, and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (s) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
    Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (t) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions, insurance companies, or pharmacy benefit
    managers, unless disclosure is otherwise required by State
    law.
        (u) Information that would disclose or might lead to
    the disclosure of secret or confidential information,
    codes, algorithms, programs, or private keys intended to
    be used to create electronic signatures under the Uniform
    Electronic Transactions Act.
        (v) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a
    community's population or systems, facilities, or
    installations, the destruction or contamination of which
    would constitute a clear and present danger to the health
    or safety of the community, but only to the extent that
    disclosure could reasonably be expected to jeopardize the
    effectiveness of the measures or the safety of the
    personnel who implement them or the public. Information
    exempt under this item may include such things as details
    pertaining to the mobilization or deployment of personnel
    or equipment, to the operation of communication systems or
    protocols, or to tactical operations.
        (w) (Blank).
        (x) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility, by a power generator, or by the
    Illinois Power Agency.
        (y) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power
    Agency Act and Section 16-111.5 of the Public Utilities
    Act that is determined to be confidential and proprietary
    by the Illinois Power Agency or by the Illinois Commerce
    Commission.
        (z) Information about students exempted from
    disclosure under Sections 10-20.38 or 34-18.29 of the
    School Code, and information about undergraduate students
    enrolled at an institution of higher education exempted
    from disclosure under Section 25 of the Illinois Credit
    Card Marketing Act of 2009.
        (aa) Information the disclosure of which is exempted
    under the Viatical Settlements Act of 2009.
        (bb) Records and information provided to a mortality
    review team and records maintained by a mortality review
    team appointed under the Department of Juvenile Justice
    Mortality Review Team Act.
        (cc) Information regarding interments, entombments, or
    inurnments of human remains that are submitted to the
    Cemetery Oversight Database under the Cemetery Care Act or
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Illinois Public Aid
    Code or (ii) that pertain to appeals under Section 11-8 of
    the Illinois Public Aid Code.
        (ee) The names, addresses, or other personal
    information of persons who are minors and are also
    participants and registrants in programs of park
    districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations.
        (ff) The names, addresses, or other personal
    information of participants and registrants in programs of
    park districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations where such programs are targeted primarily to
    minors.
        (gg) Confidential information described in Section
    1-100 of the Illinois Independent Tax Tribunal Act of
    2012.
        (hh) The report submitted to the State Board of
    Education by the School Security and Standards Task Force
    under item (8) of subsection (d) of Section 2-3.160 of the
    School Code and any information contained in that report.
        (ii) Records requested by persons committed to or
    detained by the Department of Human Services under the
    Sexually Violent Persons Commitment Act or committed to
    the Department of Corrections under the Sexually Dangerous
    Persons Act if those materials: (i) are available in the
    library of the facility where the individual is confined;
    (ii) include records from staff members' personnel files,
    staff rosters, or other staffing assignment information;
    or (iii) are available through an administrative request
    to the Department of Human Services or the Department of
    Corrections.
        (jj) Confidential information described in Section
    5-535 of the Civil Administrative Code of Illinois.
        (kk) The public body's credit card numbers, debit card
    numbers, bank account numbers, Federal Employer
    Identification Number, security code numbers, passwords,
    and similar account information, the disclosure of which
    could result in identity theft or impression or defrauding
    of a governmental entity or a person.
        (ll) Records concerning the work of the threat
    assessment team of a school district.
    (1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
    (2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
    (3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
    Section 10. The State Employee Indemnification Act is
amended by changing Section 2 as follows:
 
    (5 ILCS 350/2)  (from Ch. 127, par. 1302)
    Sec. 2. Representation and indemnification of State
employees.
    (a) In the event that any civil proceeding is commenced
against any State employee arising out of any act or omission
occurring within the scope of the employee's State employment,
the Attorney General shall, upon timely and appropriate notice
to him by such employee, appear on behalf of such employee and
defend the action. In the event that any civil proceeding is
commenced against any physician who is an employee of the
Department of Corrections or the Department of Human Services
(in a position relating to the Department's mental health and
developmental disabilities functions) alleging death or bodily
injury or other injury to the person of the complainant
resulting from and arising out of any act or omission
occurring on or after December 3, 1977 within the scope of the
employee's State employment, or against any physician who is
an employee of the Department of Veterans' Affairs alleging
death or bodily injury or other injury to the person of the
complainant resulting from and arising out of any act or
omission occurring on or after the effective date of this
amendatory Act of 1988 within the scope of the employee's
State employment, or in the event that any civil proceeding is
commenced against any attorney who is an employee of the State
Appellate Defender alleging legal malpractice or for other
damages resulting from and arising out of any legal act or
omission occurring on or after December 3, 1977, within the
scope of the employee's State employment, or in the event that
any civil proceeding is commenced against any individual or
organization who contracts with the Department of Labor to
provide services as a carnival and amusement ride safety
inspector alleging malpractice, death or bodily injury or
other injury to the person arising out of any act or omission
occurring on or after May 1, 1985, within the scope of that
employee's State employment, the Attorney General shall, upon
timely and appropriate notice to him by such employee, appear
on behalf of such employee and defend the action. Any such
notice shall be in writing, shall be mailed within 15 days
after the date of receipt by the employee of service of
process, and shall authorize the Attorney General to represent
and defend the employee in the proceeding. The giving of this
notice to the Attorney General shall constitute an agreement
by the State employee to cooperate with the Attorney General
in his defense of the action and a consent that the Attorney
General shall conduct the defense as he deems advisable and in
the best interests of the employee, including settlement in
the Attorney General's discretion. In any such proceeding, the
State shall pay the court costs and litigation expenses of
defending such action, to the extent approved by the Attorney
General as reasonable, as they are incurred.
    (b) In the event that the Attorney General determines that
so appearing and defending an employee either (1) involves an
actual or potential conflict of interest, or (2) that the act
or omission which gave rise to the claim was not within the
scope of the employee's State employment or was intentional,
wilful or wanton misconduct, the Attorney General shall
decline in writing to appear or defend or shall promptly take
appropriate action to withdraw as attorney for such employee.
Upon receipt of such declination or upon such withdrawal by
the Attorney General on the basis of an actual or potential
conflict of interest, the State employee may employ his own
attorney to appear and defend, in which event the State shall
pay the employee's court costs, litigation expenses and
attorneys' fees to the extent approved by the Attorney General
as reasonable, as they are incurred. In the event that the
Attorney General declines to appear or withdraws on the
grounds that the act or omission was not within the scope of
employment, or was intentional, wilful or wanton misconduct,
and a court or jury finds that the act or omission of the State
employee was within the scope of employment and was not
intentional, wilful or wanton misconduct, the State shall
indemnify the State employee for any damages awarded and court
costs and attorneys' fees assessed as part of any final and
unreversed judgment. In such event the State shall also pay
the employee's court costs, litigation expenses and attorneys'
fees to the extent approved by the Attorney General as
reasonable.
    In the event that the defendant in the proceeding is an
elected State official, including members of the General
Assembly, the elected State official may retain his or her
attorney, provided that said attorney shall be reasonably
acceptable to the Attorney General. In such case the State
shall pay the elected State official's court costs, litigation
expenses, and attorneys' fees, to the extent approved by the
Attorney General as reasonable, as they are incurred.
    (b-5) The Attorney General may file a counterclaim on
behalf of a State employee, provided:
        (1) the Attorney General determines that the State
    employee is entitled to representation in a civil action
    under this Section;
        (2) the counterclaim arises out of any act or omission
    occurring within the scope of the employee's State
    employment that is the subject of the civil action; and
        (3) the employee agrees in writing that if judgment is
    entered in favor of the employee, the amount of the
    judgment shall be applied to offset any judgment that may
    be entered in favor of the plaintiff, and then to
    reimburse the State treasury for court costs and
    litigation expenses required to pursue the counterclaim.
    The balance of the collected judgment shall be paid to the
    State employee.
    (c) Notwithstanding any other provision of this Section,
representation and indemnification of a judge under this Act
shall also be provided in any case where the plaintiff seeks
damages or any equitable relief as a result of any decision,
ruling or order of a judge made in the course of his or her
judicial or administrative duties, without regard to the
theory of recovery employed by the plaintiff. Indemnification
shall be for all damages awarded and all court costs, attorney
fees and litigation expenses assessed against the judge. When
a judge has been convicted of a crime as a result of his or her
intentional judicial misconduct in a trial, that judge shall
not be entitled to indemnification and representation under
this subsection in any case maintained by a party who seeks
damages or other equitable relief as a direct result of the
judge's intentional judicial misconduct.
    (d) In any such proceeding where notice in accordance with
this Section has been given to the Attorney General, unless
the court or jury finds that the conduct or inaction which gave
rise to the claim or cause of action was intentional, wilful or
wanton misconduct and was not intended to serve or benefit
interests of the State, the State shall indemnify the State
employee for any damages awarded and court costs and
attorneys' fees assessed as part of any final and unreversed
judgment, or shall pay such judgment. Unless the Attorney
General determines that the conduct or inaction which gave
rise to the claim or cause of action was intentional, wilful or
wanton misconduct and was not intended to serve or benefit
interests of the State, the case may be settled, in the
Attorney General's discretion and with the employee's consent,
and the State shall indemnify the employee for any damages,
court costs and attorneys' fees agreed to as part of the
settlement, or shall pay such settlement. Where the employee
is represented by private counsel, any settlement must be so
approved by the Attorney General and the court having
jurisdiction, which shall obligate the State to indemnify the
employee.
    (e) (i) Court costs and litigation expenses and other
costs of providing a defense or counterclaim, including
attorneys' fees obligated under this Section, shall be paid
from the State Treasury on the warrant of the Comptroller out
of appropriations made to the Department of Central Management
Services specifically designed for the payment of costs, fees
and expenses covered by this Section.
    (ii) Upon entry of a final judgment against the employee,
or upon the settlement of the claim, the employee shall cause
to be served a copy of such judgment or settlement, personally
or by certified or registered mail within thirty days of the
date of entry or settlement, upon the chief administrative
officer of the department, office or agency in which he is
employed. If not inconsistent with the provisions of this
Section, such judgment or settlement shall be certified for
payment by such chief administrative officer and by the
Attorney General. The judgment or settlement shall be paid
from the State Treasury on the warrant of the Comptroller out
of appropriations made to the Department of Central Management
Services specifically designed for the payment of claims
covered by this Section.
    (f) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the State, or
any employee thereof, of any defense heretofore available.
    (g) This Section shall apply regardless of whether the
employee is sued in his or her individual or official
capacity.
    (h) This Section shall not apply to claims for bodily
injury or damage to property arising from motor vehicle
crashes accidents.
    (i) This Section shall apply to all proceedings filed on
or after its effective date, and to any proceeding pending on
its effective date, if the State employee gives notice to the
Attorney General as provided in this Section within 30 days of
the Act's effective date.
    (j) The amendatory changes made to this Section by this
amendatory Act of 1986 shall apply to all proceedings filed on
or after the effective date of this amendatory Act of 1986 and
to any proceeding pending on its effective date, if the State
employee gives notice to the Attorney General as provided in
this Section within 30 days of the effective date of this
amendatory Act of 1986.
    (k) This Act applies to all State officials who are
serving as trustees, or their appointing authorities, of a
clean energy community trust or as members of a not-for-profit
foundation or corporation established pursuant to Section
16-111.1 of the Public Utilities Act.
    (l) The State shall not provide representation for, nor
shall it indemnify, any State employee in (i) any criminal
proceeding in which the employee is a defendant or (ii) any
criminal investigation in which the employee is the target.
Nothing in this Act shall be construed to prohibit the State
from providing representation to a State employee who is a
witness in a criminal matter arising out of that employee's
State employment.
(Source: P.A. 99-461, eff. 1-1-17.)
 
    Section 15. The Illinois Identification Card Act is
amended by changing Section 11A as follows:
 
    (15 ILCS 335/11A)
    Sec. 11A. Emergency contact database.
    (a) The Secretary of State shall establish a database of
the emergency contacts of persons who hold identification
cards. Information in the database shall be accessible only to
employees of the Office of the Secretary and law enforcement
officers employed by a law enforcement agency. Law enforcement
officers may share information contained in the emergency
contact database, including disabilities and special needs
information, with other public safety workers on scene, as
needed to conduct official law enforcement duties.
    (b) Any person holding an identification card shall be
afforded the opportunity to provide the Secretary of State, in
a manner and form designated by the Secretary of State, the
name, address, telephone number, and relationship to the
holder of no more than 2 emergency contact persons whom the
holder wishes to be contacted by a law enforcement officer if
the holder is involved in a motor vehicle crash accident or
other emergency situation and the holder is unable to
communicate with the contact person or persons and may
designate whether the holder has a disability or is a special
needs individual. A contact person need not be the holder's
next of kin.
    (c) The Secretary shall adopt rules to implement this
Section. At a minimum, the rules shall address all of the
following:
        (1) the method whereby a holder may provide the
    Secretary of State with emergency contact, disability, and
    special needs information;
        (2) the method whereby a holder may provide the
    Secretary of State with a change to the emergency contact,
    disability, and special needs information; and
        (3) any other aspect of the database or its operation
    that the Secretary determines is necessary to implement
    this Section.
    (d) If a person involved in a motor vehicle crash accident
or other emergency situation is unable to communicate with the
contact person or persons specified in the database, a law
enforcement officer shall make a good faith effort to notify
the contact person or persons of the situation. Neither the
law enforcement officer nor the law enforcement agency that
employs that law enforcement officer incurs any liability,
however, if the law enforcement officer is not able to make
contact with the contact person. Except for willful or wanton
misconduct, neither the law enforcement officer, nor the law
enforcement agency that employs the law enforcement officer,
shall incur any liability relating to the reporting or use of
the database during a motor vehicle crash accident or other
emergency situation.
    (e) The Secretary of State shall make a good faith effort
to maintain accurate data as provided by the identification
card holder and to provide that information to law enforcement
as provided in subsection (a). The Secretary of State is not
liable for any damages, costs, or expenses, including, without
limitation, consequential damages, arising or resulting from
any inaccurate or incomplete data or system unavailability.
Except for willful or wanton misconduct, the Secretary of
State shall not incur any liability relating to the reporting
of disabilities or special needs individuals.
    (f) As used in this Section:
    "Disability" means an individual's physical or mental
impairment that substantially limits one or more of the major
life activities; a record of such impairment; or when the
individual is regarded as having such impairment.
    "Public safety worker" means a person employed by this
State or a political subdivision thereof that provides
firefighting, law enforcement, medical, or other emergency
services.
    "Special needs individuals" means those individuals who
have or are at increased risk for a chronic physical,
developmental, behavioral, or emotional condition and who also
require health and related services of a type or amount beyond
that required by individuals generally.
(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
    Section 20. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-210 and 2705-317 as follows:
 
    (20 ILCS 2705/2705-210)  (was 20 ILCS 2705/49.15)
    Sec. 2705-210. Traffic control and prevention of crashes
accidents. The Department has the power to develop,
consolidate, and coordinate effective programs and activities
for the advancement of driver education, for the facilitation
of the movement of motor vehicle traffic, and for the
protection and conservation of life and property on the
streets and highways of this State and to advise, recommend,
and consult with the several departments, divisions, boards,
commissions, and other agencies of this State in regard to
those programs and activities. The Department has the power to
aid and assist the counties, cities, towns, and other
political subdivisions of this State in the control of traffic
and the prevention of traffic crashes accidents. That aid and
assistance to counties, cities, towns, and other political
subdivisions of this State shall include assistance with
regard to planning, traffic flow, light synchronizing,
preferential lanes for carpools, and carpool parking
allocations.
    To further the prevention of crashes accidents, the
Department shall conduct a traffic study following the
occurrence of any crash accident involving a pedestrian
fatality that occurs at an intersection of a State highway.
The study shall include, but not be limited to, consideration
of alternative geometric design improvements, traffic control
devices, and any other improvements that the Department deems
necessary. The Department shall make the results of the study
available to the public on its website.
(Source: P.A. 102-333, eff. 1-1-22.)
 
    (20 ILCS 2705/2705-317)
    Sec. 2705-317. Safe Routes to School Construction Program.
    (a) Upon enactment of a federal transportation bill with a
dedicated fund available to states for safe routes to schools,
the Department, in cooperation with the State Board of
Education and the Illinois State Police, shall establish and
administer a Safe Routes to School Construction Program for
the construction of bicycle and pedestrian safety and
traffic-calming projects using the federal Safe Routes to
Schools Program funds.
    (b) The Department shall make construction grants
available to local governmental agencies under the Safe Routes
to School Construction Program based on the results of a
statewide competition that requires submission of Safe Routes
to School proposals for funding and that rates those proposals
on all of the following factors:
        (1) Demonstrated needs of the grant applicant.
        (2) Potential of the proposal for reducing child
    injuries and fatalities.
        (3) Potential of the proposal for encouraging
    increased walking and bicycling among students.
        (4) Identification of safety hazards.
        (5) Identification of current and potential walking
    and bicycling routes to school.
        (6) Consultation and support for projects by
    school-based associations, local traffic engineers, local
    elected officials, law enforcement agencies, and school
    officials.
        (7) Proximity to parks and other recreational
    facilities.
    With respect to the use of federal Safe Routes to Schools
Program funds, prior to the award of a construction grant or
the use of those funds for a Safe Routes to School project
encompassing a highway, the Department shall consult with and
obtain approval from the Illinois State Police and the highway
authority with jurisdiction to ensure that the Safe Routes to
School proposal is consistent with a statewide pedestrian
safety statistical analysis.
    (c) On March 30, 2006 and each March 30th thereafter, the
Department shall submit a report to the General Assembly
listing and describing the projects funded under the Safe
Routes to School Construction Program.
    (d) The Department shall study the effectiveness of the
Safe Routes to School Construction Program, with particular
emphasis on the Program's effectiveness in reducing traffic
crashes accidents and its contribution to improving safety and
reducing the number of child injuries and fatalities in the
vicinity of a Safe Routes to School project. The Department
shall submit a report to the General Assembly on or before
December 31, 2006 regarding the results of the study.
    (e) The Department, the State Board of Education, and the
Illinois State Police may adopt any rules necessary to
implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    Section 25. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
 
    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
    Sec. 1. Peace officer status.
    (a) Any person who is a sworn member of any organized and
paid fire department of a political subdivision of this State
and is authorized to investigate fires or explosions for such
political subdivision and to determine the cause, origin and
circumstances of fires or explosions that are suspected to be
arson or arson-related crimes, may be classified as a peace
officer by the political subdivision or agency employing such
person. A person so classified shall possess the same powers
of arrest, search and seizure and the securing and service of
warrants as sheriffs of counties, and police officers within
the jurisdiction of their political subdivision. While in the
actual investigation and matters incident thereto, such person
may carry weapons as may be necessary, but only if that person
has satisfactorily completed (1) a training program offered or
approved by the Illinois Law Enforcement Training Standards
Board which substantially conforms to standards promulgated
pursuant to the Illinois Police Training Act and the Peace
Officer and Probation Officer Firearm Training Act; and (2) a
course in fire and arson investigation approved by the Office
of the State Fire Marshal pursuant to the Illinois Fire
Protection Training Act. Such training need not include
exposure to vehicle and traffic law, traffic control and crash
accident investigation, or first aid, but shall include
training in the law relating to the rights of persons
suspected of involvement in criminal activities.
    Any person granted the powers enumerated in this
subsection (a) may exercise such powers only during the actual
investigation of the cause, origin and circumstances of such
fires or explosions that are suspected to be arson or
arson-related crimes.
    (b) Persons employed by the Office of the State Fire
Marshal to conduct arson investigations shall be designated
State Fire Marshal Arson Investigator Special Agents and shall
be peace officers with all of the powers of peace officers in
cities and sheriffs in counties, except that they may exercise
those powers throughout the State. These Special Agents may
exercise these powers only when engaging in official duties
during the actual investigation of the cause, origin, and
circumstances of such fires or explosions that are suspected
to be arson or arson-related crimes and may carry weapons at
all times, but only if they have satisfactorily completed (1)
a training course approved by the Illinois Law Enforcement
Training Standards Board that substantially conforms to the
standards promulgated pursuant to the Peace Officer and
Probation Officer Firearm Training Act and (2) a course in
fire and arson investigation approved by the Office of the
State Fire Marshal pursuant to the Illinois Fire Protection
Training Act. Such training need not include exposure to
vehicle and traffic law, traffic control and crash accident
investigation, or first aid, but shall include training in the
law relating to the rights of persons suspected of involvement
in criminal activities.
    For purposes of this subsection (b), a "State Fire Marshal
Arson Investigator Special Agent" does not include any fire
investigator, fireman, police officer, or other employee of
the federal government; any fire investigator, fireman, police
officer, or other employee of any unit of local government; or
any fire investigator, fireman, police officer, or other
employee of the State of Illinois other than an employee of the
Office of the State Fire Marshal assigned to investigate
arson.
    The State Fire Marshal must authorize to each employee of
the Office of the State Fire Marshal who is exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by the Office
of the State Fire Marshal and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Office of the State Fire Marshal, except that a badge,
different from the badge issued to peace officers, may be
authorized by the Office of the State Fire Marshal for the use
of fire prevention inspectors employed by that Office. Nothing
in this subsection prohibits the State Fire Marshal from
issuing shields or other distinctive identification to
employees not exercising the powers of a peace officer if the
State Fire Marshal determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
    (c) The Office of the State Fire Marshal shall establish a
policy to allow a State Fire Marshal Arson Investigator
Special Agent who is honorably retiring or separating in good
standing to purchase either one or both of the following: (i)
any badge previously issued to that State Fire Marshal Arson
Investigator Special Agent; or (ii) if the State Fire Marshal
Arson Investigator Special Agent has a currently valid Firearm
Owner's Identification Card, the service firearm issued or
previously issued to the State Fire Marshal Arson Investigator
Special Agent by the Office of the State Fire Marshal. The cost
of the firearm purchased shall be the replacement value of the
firearm and not the firearm's fair market value. All funds
received by the agency under this program shall be deposited
into the Fire Prevention Fund.
(Source: P.A. 100-931, eff. 8-17-18.)
 
    Section 29. The Illinois Pension Code is amended by
changing Section 1-108 as follows:
 
    (40 ILCS 5/1-108)  (from Ch. 108 1/2, par. 1-108)
    Sec. 1-108. (a) In any proceeding commenced against an
employee of a pension fund, alleging a civil wrong arising out
of any act or omission occurring within the scope of the
employee's pension fund employment, unless the court or the
jury finds that the conduct which gave rise to the claim was
intentional, wilful or wanton misconduct, the pension fund
shall indemnify the employee for any damages awarded and court
costs and attorneys' fees assessed as part of any final and
unreversed judgment and any attorneys' fees, court costs and
litigation expenses incurred by the employee in defending the
claim. In any such proceeding if a majority of the board or
trustees who are not a party to the action determine that the
conduct which gave rise to the claim was not intentional,
wilful or wanton misconduct, the board or trustees may agree
to settlement of the proceeding and the pension fund shall
indemnify the employee for any damages, court costs and
attorneys' fees agreed to as part of the settlement and any
attorneys' fees, court costs and litigation expenses incurred
in defending the claim.
    (b) No employee of a pension fund shall be entitled to
indemnification under this Section unless within 15 days after
receipt by the employee of service of process, he shall give
written notice of such proceeding to the pension fund.
    (c) Each pension fund may insure against loss or liability
of employees which may arise as a result of these claims. This
insurance shall be carried by a company authorized to provide
such coverage in this State.
    (d) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the State or a
pension fund, or any other employee thereof, of any immunity
or any defense heretofore available.
    (e) This Section shall apply regardless of whether the
employee is sued in his or her individual or official
capacity.
    (f) This Section shall not apply to claims for bodily
injury or damage to property arising from motor vehicle
crashes accidents.
    (g) This Section shall apply to all proceedings filed on
or after its effective date, and to any proceeding pending on
its effective date, if the pension fund employee gives notice
to the pension fund within 30 days of the Act's effective date.
(Source: P.A. 80-1078.)
 
    Section 30. The Illinois Police Training Act is amended by
changing Section 7 as follows:
 
    (50 ILCS 705/7)
    (Text of Section before amendment by P.A. 102-345)
    Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
        a. The curriculum for probationary law enforcement
    officers which shall be offered by all certified schools
    shall include, but not be limited to, courses of
    procedural justice, arrest and use and control tactics,
    search and seizure, including temporary questioning, civil
    rights, human rights, human relations, cultural
    competency, including implicit bias and racial and ethnic
    sensitivity, criminal law, law of criminal procedure,
    constitutional and proper use of law enforcement
    authority, crisis intervention training, vehicle and
    traffic law including uniform and non-discriminatory
    enforcement of the Illinois Vehicle Code, traffic control
    and crash accident investigation, techniques of obtaining
    physical evidence, court testimonies, statements, reports,
    firearms training, training in the use of electronic
    control devices, including the psychological and
    physiological effects of the use of those devices on
    humans, first-aid (including cardiopulmonary
    resuscitation), training in the administration of opioid
    antagonists as defined in paragraph (1) of subsection (e)
    of Section 5-23 of the Substance Use Disorder Act,
    handling of juvenile offenders, recognition of mental
    conditions and crises, including, but not limited to, the
    disease of addiction, which require immediate assistance
    and response and methods to safeguard and provide
    assistance to a person in need of mental treatment,
    recognition of abuse, neglect, financial exploitation, and
    self-neglect of adults with disabilities and older adults,
    as defined in Section 2 of the Adult Protective Services
    Act, crimes against the elderly, law of evidence, the
    hazards of high-speed police vehicle chases with an
    emphasis on alternatives to the high-speed chase, and
    physical training. The curriculum shall include specific
    training in techniques for immediate response to and
    investigation of cases of domestic violence and of sexual
    assault of adults and children, including cultural
    perceptions and common myths of sexual assault and sexual
    abuse as well as interview techniques that are age
    sensitive and are trauma informed, victim centered, and
    victim sensitive. The curriculum shall include training in
    techniques designed to promote effective communication at
    the initial contact with crime victims and ways to
    comprehensively explain to victims and witnesses their
    rights under the Rights of Crime Victims and Witnesses Act
    and the Crime Victims Compensation Act. The curriculum
    shall also include training in effective recognition of
    and responses to stress, trauma, and post-traumatic stress
    experienced by law enforcement officers that is consistent
    with Section 25 of the Illinois Mental Health First Aid
    Training Act in a peer setting, including recognizing
    signs and symptoms of work-related cumulative stress,
    issues that may lead to suicide, and solutions for
    intervention with peer support resources. The curriculum
    shall include a block of instruction addressing the
    mandatory reporting requirements under the Abused and
    Neglected Child Reporting Act. The curriculum shall also
    include a block of instruction aimed at identifying and
    interacting with persons with autism and other
    developmental or physical disabilities, reducing barriers
    to reporting crimes against persons with autism, and
    addressing the unique challenges presented by cases
    involving victims or witnesses with autism and other
    developmental disabilities. The curriculum shall include
    training in the detection and investigation of all forms
    of human trafficking. The curriculum shall also include
    instruction in trauma-informed responses designed to
    ensure the physical safety and well-being of a child of an
    arrested parent or immediate family member; this
    instruction must include, but is not limited to: (1)
    understanding the trauma experienced by the child while
    maintaining the integrity of the arrest and safety of
    officers, suspects, and other involved individuals; (2)
    de-escalation tactics that would include the use of force
    when reasonably necessary; and (3) inquiring whether a
    child will require supervision and care. The curriculum
    for probationary law enforcement officers shall include:
    (1) at least 12 hours of hands-on, scenario-based
    role-playing; (2) at least 6 hours of instruction on use
    of force techniques, including the use of de-escalation
    techniques to prevent or reduce the need for force
    whenever safe and feasible; (3) specific training on
    officer safety techniques, including cover, concealment,
    and time; and (4) at least 6 hours of training focused on
    high-risk traffic stops. The curriculum for permanent law
    enforcement officers shall include, but not be limited to:
    (1) refresher and in-service training in any of the
    courses listed above in this subparagraph, (2) advanced
    courses in any of the subjects listed above in this
    subparagraph, (3) training for supervisory personnel, and
    (4) specialized training in subjects and fields to be
    selected by the board. The training in the use of
    electronic control devices shall be conducted for
    probationary law enforcement officers, including
    University police officers.
        b. Minimum courses of study, attendance requirements
    and equipment requirements.
        c. Minimum requirements for instructors.
        d. Minimum basic training requirements, which a
    probationary law enforcement officer must satisfactorily
    complete before being eligible for permanent employment as
    a local law enforcement officer for a participating local
    governmental or State governmental agency. Those
    requirements shall include training in first aid
    (including cardiopulmonary resuscitation).
        e. Minimum basic training requirements, which a
    probationary county corrections officer must
    satisfactorily complete before being eligible for
    permanent employment as a county corrections officer for a
    participating local governmental agency.
        f. Minimum basic training requirements which a
    probationary court security officer must satisfactorily
    complete before being eligible for permanent employment as
    a court security officer for a participating local
    governmental agency. The Board shall establish those
    training requirements which it considers appropriate for
    court security officers and shall certify schools to
    conduct that training.
        A person hired to serve as a court security officer
    must obtain from the Board a certificate (i) attesting to
    the officer's successful completion of the training
    course; (ii) attesting to the officer's satisfactory
    completion of a training program of similar content and
    number of hours that has been found acceptable by the
    Board under the provisions of this Act; or (iii) attesting
    to the Board's determination that the training course is
    unnecessary because of the person's extensive prior law
    enforcement experience.
        Individuals who currently serve as court security
    officers shall be deemed qualified to continue to serve in
    that capacity so long as they are certified as provided by
    this Act within 24 months of June 1, 1997 (the effective
    date of Public Act 89-685). Failure to be so certified,
    absent a waiver from the Board, shall cause the officer to
    forfeit his or her position.
        All individuals hired as court security officers on or
    after June 1, 1997 (the effective date of Public Act
    89-685) shall be certified within 12 months of the date of
    their hire, unless a waiver has been obtained by the
    Board, or they shall forfeit their positions.
        The Sheriff's Merit Commission, if one exists, or the
    Sheriff's Office if there is no Sheriff's Merit
    Commission, shall maintain a list of all individuals who
    have filed applications to become court security officers
    and who meet the eligibility requirements established
    under this Act. Either the Sheriff's Merit Commission, or
    the Sheriff's Office if no Sheriff's Merit Commission
    exists, shall establish a schedule of reasonable intervals
    for verification of the applicants' qualifications under
    this Act and as established by the Board.
        g. Minimum in-service training requirements, which a
    law enforcement officer must satisfactorily complete every
    3 years. Those requirements shall include constitutional
    and proper use of law enforcement authority, procedural
    justice, civil rights, human rights, reporting child abuse
    and neglect, and cultural competency, including implicit
    bias and racial and ethnic sensitivity. These trainings
    shall consist of at least 30 hours of training every 3
    years.
        h. Minimum in-service training requirements, which a
    law enforcement officer must satisfactorily complete at
    least annually. Those requirements shall include law
    updates, emergency medical response training and
    certification, crisis intervention training, and officer
    wellness and mental health.
        i. Minimum in-service training requirements as set
    forth in Section 10.6.
    The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
10-5-21.)
 
    (Text of Section after amendment by P.A. 102-345)
    Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
        a. The curriculum for probationary law enforcement
    officers which shall be offered by all certified schools
    shall include, but not be limited to, courses of
    procedural justice, arrest and use and control tactics,
    search and seizure, including temporary questioning, civil
    rights, human rights, human relations, cultural
    competency, including implicit bias and racial and ethnic
    sensitivity, criminal law, law of criminal procedure,
    constitutional and proper use of law enforcement
    authority, crisis intervention training, vehicle and
    traffic law including uniform and non-discriminatory
    enforcement of the Illinois Vehicle Code, traffic control
    and crash accident investigation, techniques of obtaining
    physical evidence, court testimonies, statements, reports,
    firearms training, training in the use of electronic
    control devices, including the psychological and
    physiological effects of the use of those devices on
    humans, first-aid (including cardiopulmonary
    resuscitation), training in the administration of opioid
    antagonists as defined in paragraph (1) of subsection (e)
    of Section 5-23 of the Substance Use Disorder Act,
    handling of juvenile offenders, recognition of mental
    conditions and crises, including, but not limited to, the
    disease of addiction, which require immediate assistance
    and response and methods to safeguard and provide
    assistance to a person in need of mental treatment,
    recognition of abuse, neglect, financial exploitation, and
    self-neglect of adults with disabilities and older adults,
    as defined in Section 2 of the Adult Protective Services
    Act, crimes against the elderly, law of evidence, the
    hazards of high-speed police vehicle chases with an
    emphasis on alternatives to the high-speed chase, and
    physical training. The curriculum shall include specific
    training in techniques for immediate response to and
    investigation of cases of domestic violence and of sexual
    assault of adults and children, including cultural
    perceptions and common myths of sexual assault and sexual
    abuse as well as interview techniques that are age
    sensitive and are trauma informed, victim centered, and
    victim sensitive. The curriculum shall include training in
    techniques designed to promote effective communication at
    the initial contact with crime victims and ways to
    comprehensively explain to victims and witnesses their
    rights under the Rights of Crime Victims and Witnesses Act
    and the Crime Victims Compensation Act. The curriculum
    shall also include training in effective recognition of
    and responses to stress, trauma, and post-traumatic stress
    experienced by law enforcement officers that is consistent
    with Section 25 of the Illinois Mental Health First Aid
    Training Act in a peer setting, including recognizing
    signs and symptoms of work-related cumulative stress,
    issues that may lead to suicide, and solutions for
    intervention with peer support resources. The curriculum
    shall include a block of instruction addressing the
    mandatory reporting requirements under the Abused and
    Neglected Child Reporting Act. The curriculum shall also
    include a block of instruction aimed at identifying and
    interacting with persons with autism and other
    developmental or physical disabilities, reducing barriers
    to reporting crimes against persons with autism, and
    addressing the unique challenges presented by cases
    involving victims or witnesses with autism and other
    developmental disabilities. The curriculum shall include
    training in the detection and investigation of all forms
    of human trafficking. The curriculum shall also include
    instruction in trauma-informed responses designed to
    ensure the physical safety and well-being of a child of an
    arrested parent or immediate family member; this
    instruction must include, but is not limited to: (1)
    understanding the trauma experienced by the child while
    maintaining the integrity of the arrest and safety of
    officers, suspects, and other involved individuals; (2)
    de-escalation tactics that would include the use of force
    when reasonably necessary; and (3) inquiring whether a
    child will require supervision and care. The curriculum
    for probationary law enforcement officers shall include:
    (1) at least 12 hours of hands-on, scenario-based
    role-playing; (2) at least 6 hours of instruction on use
    of force techniques, including the use of de-escalation
    techniques to prevent or reduce the need for force
    whenever safe and feasible; (3) specific training on
    officer safety techniques, including cover, concealment,
    and time; and (4) at least 6 hours of training focused on
    high-risk traffic stops. The curriculum for permanent law
    enforcement officers shall include, but not be limited to:
    (1) refresher and in-service training in any of the
    courses listed above in this subparagraph, (2) advanced
    courses in any of the subjects listed above in this
    subparagraph, (3) training for supervisory personnel, and
    (4) specialized training in subjects and fields to be
    selected by the board. The training in the use of
    electronic control devices shall be conducted for
    probationary law enforcement officers, including
    University police officers. The curriculum shall also
    include training on the use of a firearms restraining
    order by providing instruction on the process used to file
    a firearms restraining order and how to identify
    situations in which a firearms restraining order is
    appropriate.
        b. Minimum courses of study, attendance requirements
    and equipment requirements.
        c. Minimum requirements for instructors.
        d. Minimum basic training requirements, which a
    probationary law enforcement officer must satisfactorily
    complete before being eligible for permanent employment as
    a local law enforcement officer for a participating local
    governmental or State governmental agency. Those
    requirements shall include training in first aid
    (including cardiopulmonary resuscitation).
        e. Minimum basic training requirements, which a
    probationary county corrections officer must
    satisfactorily complete before being eligible for
    permanent employment as a county corrections officer for a
    participating local governmental agency.
        f. Minimum basic training requirements which a
    probationary court security officer must satisfactorily
    complete before being eligible for permanent employment as
    a court security officer for a participating local
    governmental agency. The Board shall establish those
    training requirements which it considers appropriate for
    court security officers and shall certify schools to
    conduct that training.
        A person hired to serve as a court security officer
    must obtain from the Board a certificate (i) attesting to
    the officer's successful completion of the training
    course; (ii) attesting to the officer's satisfactory
    completion of a training program of similar content and
    number of hours that has been found acceptable by the
    Board under the provisions of this Act; or (iii) attesting
    to the Board's determination that the training course is
    unnecessary because of the person's extensive prior law
    enforcement experience.
        Individuals who currently serve as court security
    officers shall be deemed qualified to continue to serve in
    that capacity so long as they are certified as provided by
    this Act within 24 months of June 1, 1997 (the effective
    date of Public Act 89-685). Failure to be so certified,
    absent a waiver from the Board, shall cause the officer to
    forfeit his or her position.
        All individuals hired as court security officers on or
    after June 1, 1997 (the effective date of Public Act
    89-685) shall be certified within 12 months of the date of
    their hire, unless a waiver has been obtained by the
    Board, or they shall forfeit their positions.
        The Sheriff's Merit Commission, if one exists, or the
    Sheriff's Office if there is no Sheriff's Merit
    Commission, shall maintain a list of all individuals who
    have filed applications to become court security officers
    and who meet the eligibility requirements established
    under this Act. Either the Sheriff's Merit Commission, or
    the Sheriff's Office if no Sheriff's Merit Commission
    exists, shall establish a schedule of reasonable intervals
    for verification of the applicants' qualifications under
    this Act and as established by the Board.
        g. Minimum in-service training requirements, which a
    law enforcement officer must satisfactorily complete every
    3 years. Those requirements shall include constitutional
    and proper use of law enforcement authority, procedural
    justice, civil rights, human rights, reporting child abuse
    and neglect, and cultural competency, including implicit
    bias and racial and ethnic sensitivity. These trainings
    shall consist of at least 30 hours of training every 3
    years.
        h. Minimum in-service training requirements, which a
    law enforcement officer must satisfactorily complete at
    least annually. Those requirements shall include law
    updates, emergency medical response training and
    certification, crisis intervention training, and officer
    wellness and mental health.
        i. Minimum in-service training requirements as set
    forth in Section 10.6.
    The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; revised 10-5-21.)
 
    Section 35. The Uniform Crime Reporting Act is amended by
changing Section 5-5 as follows:
 
    (50 ILCS 709/5-5)
    Sec. 5-5. Definitions. As used in this Act:
    "Arrest-related death" means any death of an individual
while the individual's freedom to leave is restricted by a law
enforcement officer while the officer is on duty, or otherwise
acting within the scope of his or her employment, including
any death resulting from a motor vehicle crash accident, if
the law enforcement officer was engaged in direct action
against the individual or the individual's vehicle during the
process of apprehension. "Arrest-related death" does not
include the death of law enforcement personnel.
    "Domestic crime" means any crime attempted or committed
between a victim and offender who have a domestic
relationship, both current and past.
    "Hate crime" has the same meaning as defined under Section
12-7.1 of the Criminal Code of 2012.
    "Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
law or ordinances.
    "Law enforcement officer" or "officer" means any officer,
agent, or employee of this State or a unit of local government
authorized by law or by a government agency to engage in or
supervise the prevention, detection, or investigation of any
violation of criminal law, or authorized by law to supervise
accused persons or sentenced criminal offenders.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    Section 40. The Police and Community Relations Improvement
Act is amended by changing Sections 1-5 and 1-10 as follows:
 
    (50 ILCS 727/1-5)
    Sec. 1-5. Definitions. As used in this Act:
    "Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
    "Law enforcement officer" or "officer" means any person
employed by a State, county, or municipality as a policeman,
peace officer, or in some like position involving the
enforcement of the law and protection of public interest at
the risk of the person's life.
    "Officer-involved death" means any death of an individual
that results directly from an action or directly from an
intentional omission, including unreasonable delay involving a
person in custody or intentional failure to seek medical
attention when the need for treatment is apparent, of a law
enforcement officer while the officer is on duty, or otherwise
acting within the scope of his or her employment, or while the
officer is off duty, but performing activities that are within
the scope of his or her law enforcement duties.
"Officer-involved death" includes any death resulting from a
motor vehicle crash accident, if the law enforcement officer
was engaged in law enforcement activity involving the
individual or the individual's vehicle in the process of
apprehension or attempt to apprehend.
(Source: P.A. 99-352, eff. 1-1-16.)
 
    (50 ILCS 727/1-10)
    Sec. 1-10. Investigation of officer-involved deaths;
requirements.
    (a) Each law enforcement agency shall have a written
policy regarding the investigation of officer-involved deaths
that involve a law enforcement officer employed by that law
enforcement agency.
    (b) Each officer-involved death investigation shall be
conducted by at least 2 investigators, or an entity or agency
comprised of at least 2 investigators, one of whom is the lead
investigator. The lead investigator shall be a person
certified by the Illinois Law Enforcement Training Standards
Board as a Lead Homicide Investigator, or similar training
approved by the Illinois Law Enforcement Training Standards
Board or the Illinois State Police, or similar training
provided at an Illinois Law Enforcement Training Standards
Board certified school. No investigator involved in the
investigation may be employed by the law enforcement agency
that employs the officer involved in the officer-involved
death, unless the investigator is employed by the Illinois
State Police and is not assigned to the same division or unit
as the officer involved in the death.
    (c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle crash accident, at least one
investigator shall be certified by the Illinois Law
Enforcement Training Standards Board as a Crash Reconstruction
Specialist, or similar training approved by the Illinois Law
Enforcement Training Standards Board or the Illinois State
Police, or similar training provided at an Illinois Law
Enforcement Training Standards Board certified school.
Notwithstanding the requirements of subsection (b) of this
Section, the policy for a law enforcement agency, when the
officer-involved death being investigated involves a motor
vehicle collision, may allow the use of an investigator who is
employed by that law enforcement agency and who is certified
by the Illinois Law Enforcement Training Standards Board as a
Crash Reconstruction Specialist, or similar training approved
by the Illinois Law Enforcement Training and Standards Board,
or similar certified training approved by the Illinois State
Police, or similar training provided at an Illinois Law
Enforcement Training and Standards Board certified school.
    (d) The investigators conducting the investigation shall,
in an expeditious manner, provide a complete report to the
State's Attorney of the county in which the officer-involved
death occurred.
    (e) If the State's Attorney, or a designated special
prosecutor, determines there is no basis to prosecute the law
enforcement officer involved in the officer-involved death, or
if the law enforcement officer is not otherwise charged or
indicted, the investigators shall publicly release a report.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    Section 45. The Counties Code is amended by changing
Sections 3-3013 and 5-1182 as follows:
 
    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
    Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever,
as soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
        (a) A sudden or violent death, whether apparently
    suicidal, homicidal or accidental, including but not
    limited to deaths apparently caused or contributed to by
    thermal, traumatic, chemical, electrical or radiational
    injury, or a complication of any of them, or by drowning or
    suffocation, or as a result of domestic violence as
    defined in the Illinois Domestic Violence Act of 1986;
        (b) A death due to a sex crime;
        (c) A death where the circumstances are suspicious,
    obscure, mysterious or otherwise unexplained or where, in
    the written opinion of the attending physician, the cause
    of death is not determined;
        (d) A death where addiction to alcohol or to any drug
    may have been a contributory cause; or
        (e) A death where the decedent was not attended by a
    licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into
the circumstances of the death. In the case of death without
attendance by a licensed physician the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify
such physician as is designated in accordance with Section
3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise.
    In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected
operator of a motor vehicle, or (2) a pedestrian 16 years of
age or older, the coroner shall require that a blood specimen
of at least 30 cc., and if medically possible a urine specimen
of at least 30 cc. or as much as possible up to 30 cc., be
withdrawn from the body of the decedent in a timely fashion
after the crash accident causing his death, by such physician
as has been designated in accordance with Section 3-3014, or
by the coroner or deputy coroner or a qualified person
designated by such physician, coroner, or deputy coroner. If
the county does not maintain laboratory facilities for making
such analysis, the blood and urine so drawn shall be sent to
the Illinois State Police or any other accredited or
State-certified laboratory for analysis of the alcohol, carbon
monoxide, and dangerous or narcotic drug content of such blood
and urine specimens. Each specimen submitted shall be
accompanied by pertinent information concerning the decedent
upon a form prescribed by such laboratory. Any person drawing
blood and urine and any person making any examination of the
blood and urine under the terms of this Division shall be
immune from all liability, civil or criminal, that might
otherwise be incurred or imposed.
    In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e)
above, blood, and whenever possible, urine samples shall be
analyzed for the presence of alcohol and other drugs. When the
coroner suspects that drugs may have been involved in the
death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of
blood, urine, bile, gastric contents and other tissues. When
the coroner suspects a death is due to toxic substances, other
than drugs, the coroner shall consult with the toxicologist
prior to collection of samples. Information submitted to the
toxicologist shall include information as to height, weight,
age, sex and race of the decedent as well as medical history,
medications used by and the manner of death of decedent.
    When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical
examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit
the specimens using the agency case number to a National DNA
Index System (NDIS) participating laboratory within this
State, such as the Illinois State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings. The results of the analysis and categorizing into
genetic marker groupings shall be provided to the Illinois
State Police and shall be maintained by the Illinois State
Police in the State central repository in the same manner, and
subject to the same conditions, as provided in Section 5-4-3
of the Unified Code of Corrections. The requirements of this
paragraph are in addition to any other findings, specimens, or
information that the coroner or medical examiner is required
to provide during the conduct of a criminal investigation.
    In all counties, in cases of apparent suicide, homicide,
or accidental death or in other cases, within the discretion
of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and
provides a reliable proof of service. The summons may be
served by first class mail. From the 8 persons so summoned, the
coroner shall select 6 to serve as the jury for the inquest.
Inquests may be continued from time to time, as the coroner may
deem necessary. The 6 jurors selected in a given case may view
the body of the deceased. If at any continuation of an inquest
one or more of the original jurors shall be unable to continue
to serve, the coroner shall fill the vacancy or vacancies. A
juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of
compensation that is paid to petit or grand jurors in the
county. The coroner shall furnish to each juror without fee at
the time of his discharge a certificate of the number of days
in attendance at an inquest, and, upon being presented with
such certificate, the county treasurer shall pay to the juror
the sum provided for his services.
    In counties which have a jury commission, in cases of
apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the
vacancy or vacancies. At the coroner's discretion, additional
jurors to fill such vacancies shall be supplied by the jury
commission. A juror serving pursuant to this paragraph in such
county shall receive compensation from the county at the same
rate as the rate of compensation that is paid to petit or grand
jurors in the county.
    In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in
a manner that is agreed upon by the coroner and the State Fire
Marshal.
    In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt
rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
    In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois State Police.
    All deaths in State institutions and all deaths of wards
of the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by
the Department of Children and Family Services shall be
reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an
investigation is needed to determine whether the death was
caused by maltreatment or negligent care of the ward of the
State or youth in care as defined in Section 4d of the Children
and Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases
of death under circumstances set forth in paragraphs (a)
through (e) of this Section.
(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
 
    (55 ILCS 5/5-1182)
    Sec. 5-1182. Charitable organizations; solicitation.
    (a) No county may prohibit a charitable organization, as
defined in Section 2 of the Charitable Games Act, from
soliciting for charitable purposes, including solicitations
taking place on public roadways from passing motorists, if all
of the following requirements are met.
        (1) The persons to be engaged in the solicitation are
    law enforcement personnel, firefighters, or other persons
    employed to protect the public safety of a local agency,
    and those persons are soliciting solely in an area that is
    within the service area of that local agency.
        (2) The charitable organization files an application
    with the county having jurisdiction over the location or
    locations where the solicitation is to occur. The
    applications shall be filed not later than 10 business
    days before the date that the solicitation is to begin and
    shall include all of the following:
            (A) The date or dates and times of day when the
        solicitation is to occur.
            (B) The location or locations where the
        solicitation is to occur along with a list of 3
        alternate locations listed in order of preference.
            (C) The manner and conditions under which the
        solicitation is to occur.
            (D) Proof of a valid liability insurance policy in
        the amount of at least $1,000,000 insuring the charity
        or local agency against bodily injury and property
        damage arising out of or in connection with the
        solicitation.
    The county shall approve the application within 5 business
days after the filing date of the application, but may impose
reasonable conditions in writing that are consistent with the
intent of this Section and are based on articulated public
safety concerns. If the county determines that the applicant's
location cannot be permitted due to significant safety
concerns, such as high traffic volumes, poor geometrics,
construction, maintenance operations, or past crash accident
history, then the county may deny the application for that
location and must approve one of the 3 alternate locations
following the order of preference submitted by the applicant
on the alternate location list. By acting under this Section,
a local agency does not waive or limit any immunity from
liability provided by any other provision of law.
    (b) For purposes of this Section, "local agency" means a
county, special district, fire district, joint powers of
authority, or other political subdivision of the State of
Illinois.
    (c) A home rule unit may not regulate a charitable
organization in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
 
    Section 50. The Illinois Municipal Code is amended by
changing Section 11-80-9 as follows:
 
    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
    Sec. 11-80-9. The corporate authorities of each
municipality may prevent and regulate all amusements and
activities having a tendency to annoy or endanger persons or
property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable
organization, as defined in Section 2 of the Charitable Games
Act, from soliciting for charitable purposes, including
solicitations taking place on public roadways from passing
motorists, if all of the following requirements are met.
        (1) The persons to be engaged in the solicitation are
    law enforcement personnel, firefighters, or other persons
    employed to protect the public safety of a local agency,
    and that are soliciting solely in an area that is within
    the service area of that local agency.
        (2) The charitable organization files an application
    with the municipality having jurisdiction over the
    location or locations where the solicitation is to occur.
    The application shall be filed not later than 10 business
    days before the date that the solicitation is to begin and
    shall include all of the following:
            (A) The date or dates and times of day when the
        solicitation is to occur.
            (B) The location or locations where the
        solicitation is to occur along with a list of 3
        alternate locations listed in order of preference.
            (C) The manner and conditions under which the
        solicitation is to occur.
            (D) Proof of a valid liability insurance policy in
        the amount of at least $1,000,000 insuring the charity
        or local agency against bodily injury and property
        damage arising out of or in connection with the
        solicitation.
    The municipality shall approve the application within 5
business days after the filing date of the application, but
may impose reasonable conditions in writing that are
consistent with the intent of this Section and are based on
articulated public safety concerns. If the municipality
determines that the applicant's location cannot be permitted
due to significant safety concerns, such as high traffic
volumes, poor geometrics, construction, maintenance
operations, or past crash accident history, then the
municipality may deny the application for that location and
must approve one of the 3 alternate locations following the
order of preference submitted by the applicant on the
alternate location list. By acting under this Section, a local
agency does not waive or limit any immunity from liability
provided by any other provision of law.
    For purposes of this Section, "local agency" means a
municipality, special district, fire district, joint powers of
authority, or other political subdivision of the State of
Illinois.
    A home rule unit may not regulate a charitable
organization in a manner that is inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
98-756, eff. 7-16-14.)
 
    Section 55. The Illinois Insurance Code is amended by
changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b,
143.29, 143.32, 143a, and 143a-2 as follows:
 
    (215 ILCS 5/143.01)  (from Ch. 73, par. 755.01)
    Sec. 143.01. (a) A provision in a policy of vehicle
insurance described in Section 4 excluding coverage for bodily
injury to members of the family of the insured shall not be
applicable when a third party acquires a right of contribution
against a member of the injured person's family.
    (b) A provision in a policy of vehicle insurance excluding
coverage for bodily injury to members of the family of the
insured shall not be applicable when any person not in the
household of the insured was driving the vehicle of the
insured involved in the crash accident which is the subject of
the claim or lawsuit.
    This subsection (b) applies to any action filed on or
after its effective date.
(Source: P.A. 83-1132.)
 
    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
        a. Nonpayment of premium;
        b. The policy was obtained through a material
    misrepresentation;
        c. Any insured violated any of the terms and
    conditions of the policy;
        d. The named insured failed to disclose fully his
    motor vehicle crashes accidents and moving traffic
    violations for the preceding 36 months if called for in
    the application;
        e. Any insured made a false or fraudulent claim or
    knowingly aided or abetted another in the presentation of
    such a claim;
        f. The named insured or any other operator who either
    resides in the same household or customarily operates an
    automobile insured under such policy:
            1. has, within the 12 months prior to the notice of
        cancellation, had his driver's license under
        suspension or revocation;
            2. is or becomes subject to epilepsy or heart
        attacks, and such individual does not produce a
        certificate from a physician testifying to his
        unqualified ability to operate a motor vehicle safely;
            3. has a crash an accident record, conviction
        record (criminal or traffic), physical, or mental
        condition which is such that his operation of an
        automobile might endanger the public safety;
            4. has, within the 36 months prior to the notice of
        cancellation, been addicted to the use of narcotics or
        other drugs; or
            5. has been convicted, or forfeited bail, during
        the 36 months immediately preceding the notice of
        cancellation, for any felony, criminal negligence
        resulting in death, homicide or assault arising out of
        the operation of a motor vehicle, operating a motor
        vehicle while in an intoxicated condition or while
        under the influence of drugs, being intoxicated while
        in, or about, an automobile or while having custody of
        an automobile, leaving the scene of a crash an
        accident without stopping to report, theft or unlawful
        taking of a motor vehicle, making false statements in
        an application for an operator's or chauffeur's
        license or has been convicted or forfeited bail for 3
        or more violations within the 12 months immediately
        preceding the notice of cancellation, of any law,
        ordinance, or regulation limiting the speed of motor
        vehicles or any of the provisions of the motor vehicle
        laws of any state, violation of which constitutes a
        misdemeanor, whether or not the violations were
        repetitions of the same offense or different offenses;
        g. The insured automobile is:
            1. so mechanically defective that its operation
        might endanger public safety;
            2. used in carrying passengers for hire or
        compensation (the use of an automobile for a car pool
        shall not be considered use of an automobile for hire
        or compensation);
            3. used in the business of transportation of
        flammables or explosives;
            4. an authorized emergency vehicle;
            5. changed in shape or condition during the policy
        period so as to increase the risk substantially; or
            6. subject to an inspection law and has not been
        inspected or, if inspected, has failed to qualify.
    Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 100-201, eff. 8-18-17.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
        a. Nonpayment of premium;
        b. The policy was obtained through a material
    misrepresentation;
        c. Any insured violated any of the terms and
    conditions of the policy;
        d. The named insured failed to disclose fully his
    motor vehicle crashes accidents and moving traffic
    violations for the preceding 36 months if called for in
    the application;
        e. Any insured made a false or fraudulent claim or
    knowingly aided or abetted another in the presentation of
    such a claim;
        f. The named insured or any other operator who either
    resides in the same household or customarily operates an
    automobile insured under such policy:
            1. has, within the 12 months prior to the notice of
        cancellation, had his driver's license under
        suspension or revocation;
            2. is or becomes subject to epilepsy or heart
        attacks, and such individual does not produce a
        certificate from a physician testifying to his
        unqualified ability to operate a motor vehicle safely;
            3. has a crash an accident record, conviction
        record (criminal or traffic), physical, or mental
        condition which is such that his operation of an
        automobile might endanger the public safety;
            4. has, within the 36 months prior to the notice of
        cancellation, been addicted to the use of narcotics or
        other drugs; or
            5. has been convicted, or violated conditions of
        pretrial release, during the 36 months immediately
        preceding the notice of cancellation, for any felony,
        criminal negligence resulting in death, homicide or
        assault arising out of the operation of a motor
        vehicle, operating a motor vehicle while in an
        intoxicated condition or while under the influence of
        drugs, being intoxicated while in, or about, an
        automobile or while having custody of an automobile,
        leaving the scene of a crash an accident without
        stopping to report, theft or unlawful taking of a
        motor vehicle, making false statements in an
        application for an operator's or chauffeur's license
        or has been convicted or pretrial release has been
        revoked for 3 or more violations within the 12 months
        immediately preceding the notice of cancellation, of
        any law, ordinance, or regulation limiting the speed
        of motor vehicles or any of the provisions of the motor
        vehicle laws of any state, violation of which
        constitutes a misdemeanor, whether or not the
        violations were repetitions of the same offense or
        different offenses;
        g. The insured automobile is:
            1. so mechanically defective that its operation
        might endanger public safety;
            2. used in carrying passengers for hire or
        compensation (the use of an automobile for a car pool
        shall not be considered use of an automobile for hire
        or compensation);
            3. used in the business of transportation of
        flammables or explosives;
            4. an authorized emergency vehicle;
            5. changed in shape or condition during the policy
        period so as to increase the risk substantially; or
            6. subject to an inspection law and has not been
        inspected or, if inspected, has failed to qualify.
    Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
After a policy of automobile insurance, as defined in Section
143.13, has been effective or renewed for 5 or more years, the
company shall not exercise its right of non-renewal unless:
    a. The policy was obtained through a material
misrepresentation; or
    b. Any insured violated any of the terms and conditions of
the policy; or
    c. The named insured failed to disclose fully his motor
vehicle crashes accidents and moving traffic violations for
the preceding 36 months, if such information is called for in
the application; or
    d. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of such
a claim; or
    e. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such a policy:
        1. Has, within the 12 months prior to the notice of
    non-renewal had his drivers license under suspension or
    revocation; or
        2. Is or becomes subject to epilepsy or heart attacks,
    and such individual does not produce a certificate from a
    physician testifying to his unqualified ability to operate
    a motor vehicle safely; or
        3. Has a crash an accident record, conviction record
    (criminal or traffic), or a physical or mental condition
    which is such that his operation of an automobile might
    endanger the public safety; or
        4. Has, within the 36 months prior to the notice of
    non-renewal, been addicted to the use of narcotics or
    other drugs; or
        5. Has been convicted or forfeited bail, during the 36
    months immediately preceding the notice of non-renewal,
    for any felony, criminal negligence resulting in death,
    homicide or assault arising out of the operation of a
    motor vehicle, operating a motor vehicle while in an
    intoxicated condition or while under the influence of
    drugs, being intoxicated while in or about an automobile
    or while having custody of an automobile, leaving the
    scene of a crash an accident without stopping to report,
    theft or unlawful taking of a motor vehicle, making false
    statements in an application for an operators or
    chauffeurs license, or has been convicted or forfeited
    bail for 3 or more violations within the 12 months
    immediately preceding the notice of non-renewal, of any
    law, ordinance or regulation limiting the speed of motor
    vehicles or any of the provisions of the motor vehicle
    laws of any state, violation of which constitutes a
    misdemeanor, whether or not the violations were
    repetitions of the same offense or different offenses; or
    f. The insured automobile is:
        1. So mechanically defective that its operation might
    endanger public safety; or
        2. Used in carrying passengers for hire or
    compensation (the use of an automobile for a car pool
    shall not be considered use of an automobile for hire or
    compensation); or
        3. Used in the business of transportation of
    flammables or explosives; or
        4. An authorized emergency vehicle; or
        5. Changed in shape or condition during the policy
    period so as to increase the risk substantially; or
        6. Subject to an inspection law and it has not been
    inspected or, if inspected, has failed to qualify; or
    g. The notice of the intention not to renew is mailed to
the insured at least 60 days before the date of nonrenewal as
provided in Section 143.17.
(Source: P.A. 89-669, eff. 1-1-97.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
After a policy of automobile insurance, as defined in Section
143.13, has been effective or renewed for 5 or more years, the
company shall not exercise its right of non-renewal unless:
    a. The policy was obtained through a material
misrepresentation; or
    b. Any insured violated any of the terms and conditions of
the policy; or
    c. The named insured failed to disclose fully his motor
vehicle crashes accidents and moving traffic violations for
the preceding 36 months, if such information is called for in
the application; or
    d. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of such
a claim; or
    e. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such a policy:
        1. Has, within the 12 months prior to the notice of
    non-renewal had his drivers license under suspension or
    revocation; or
        2. Is or becomes subject to epilepsy or heart attacks,
    and such individual does not produce a certificate from a
    physician testifying to his unqualified ability to operate
    a motor vehicle safely; or
        3. Has a crash an accident record, conviction record
    (criminal or traffic), or a physical or mental condition
    which is such that his operation of an automobile might
    endanger the public safety; or
        4. Has, within the 36 months prior to the notice of
    non-renewal, been addicted to the use of narcotics or
    other drugs; or
        5. Has been convicted or pretrial release has been
    revoked, during the 36 months immediately preceding the
    notice of non-renewal, for any felony, criminal negligence
    resulting in death, homicide or assault arising out of the
    operation of a motor vehicle, operating a motor vehicle
    while in an intoxicated condition or while under the
    influence of drugs, being intoxicated while in or about an
    automobile or while having custody of an automobile,
    leaving the scene of a crash an accident without stopping
    to report, theft or unlawful taking of a motor vehicle,
    making false statements in an application for an operators
    or chauffeurs license, or has been convicted or pretrial
    release has been revoked for 3 or more violations within
    the 12 months immediately preceding the notice of
    non-renewal, of any law, ordinance or regulation limiting
    the speed of motor vehicles or any of the provisions of the
    motor vehicle laws of any state, violation of which
    constitutes a misdemeanor, whether or not the violations
    were repetitions of the same offense or different
    offenses; or
    f. The insured automobile is:
        1. So mechanically defective that its operation might
    endanger public safety; or
        2. Used in carrying passengers for hire or
    compensation (the use of an automobile for a car pool
    shall not be considered use of an automobile for hire or
    compensation); or
        3. Used in the business of transportation of
    flammables or explosives; or
        4. An authorized emergency vehicle; or
        5. Changed in shape or condition during the policy
    period so as to increase the risk substantially; or
        6. Subject to an inspection law and it has not been
    inspected or, if inspected, has failed to qualify; or
    g. The notice of the intention not to renew is mailed to
the insured at least 60 days before the date of nonrenewal as
provided in Section 143.17.
(Source: P.A. 101-652, eff. 1-1-23.)
 
    (215 ILCS 5/143.19.3)
    Sec. 143.19.3. Prohibition of rate increase for persons
involved in emergency use of vehicles.
    (a) No insurer authorized to transact or transacting
business in this State, or controlling or controlled by or
under common control by or with an insurer authorized to
transact or transacting business in this State, that sells a
personal policy of automobile insurance in this State shall
increase the policy premium, cancel the policy, or refuse to
renew the policy solely because the insured or any other
person who customarily operates an automobile covered by the
policy has been involved in a crash had an accident while
operating an automobile in response to an emergency when the
insured was responding to a call to duty as a volunteer EMS
provider, as defined in Section 1-220 of the Illinois Vehicle
Code.
    (b) The provisions of subsection (a) also apply to all
personal umbrella policies.
(Source: P.A. 100-657, eff. 8-1-18.)
 
    (215 ILCS 5/143.24b)  (from Ch. 73, par. 755.24b)
    Sec. 143.24b. Any insurer insuring any person or entity
against damages arising out of a vehicular crash accident
shall disclose the dollar amount of liability coverage under
the insured's personal private passenger automobile liability
insurance policy upon receipt of the following: (a) a
certified letter from a claimant or any attorney purporting to
represent any claimant which requests such disclosure and (b)
a brief description of the nature and extent of the injuries,
accompanied by a statement of the amount of medical bills
incurred to date and copies of medical records. The disclosure
shall be confidential and available only to the claimant, his
attorney and personnel in the office of the attorney entitled
to access to the claimant's files. The insurer shall forward
the information to the party requesting it by certified mail,
return receipt requested, within 30 days of receipt of the
request.
(Source: P.A. 85-1209.)
 
    (215 ILCS 5/143.29)  (from Ch. 73, par. 755.29)
    Sec. 143.29. (a) The rates and premium charges for every
policy of automobile liability insurance shall include
appropriate reductions as determined by the insurer for any
insured over age 55 upon successful completion of the National
Safety Council's Defensive Driving Course or a motor vehicle
crash accident prevention course, including an eLearning
course, that is found by the Secretary of State to meet or
exceed the standards of the National Safety Council's
Defensive Driving Course's 8 hour classroom safety instruction
program.
    (b) The premium reduction shall remain in effect for the
qualifying insured for a period of 3 years from the date of
successful completion of the crash accident prevention course,
except that the insurer may elect to apply the premium
reduction beginning either with the last effective date of the
policy or the next renewal date of the policy if the reduction
will result in a savings as though applied over a full 3 year
period. An insured who has completed the course of instruction
prior to July 1, 1982 shall receive the insurance premium
reduction for only the period remaining within the 3 years
from course completion. The period of premium reduction for an
insured who has repeated the crash accident prevention course
shall be based upon the last such course the insured has
successfully completed.
    (c) Any crash accident prevention course approved by the
Secretary of State under this Section shall be taught by an
instructor approved by the Secretary of State, shall consist
of at least 8 hours of classroom or eLearning equivalent
instruction and shall provide for a certificate of completion.
Records of certification of course completion shall be
maintained in a manner acceptable to the Secretary of State.
    (d) Any person claiming eligibility for a rate or premium
reduction shall be responsible for providing to his insurance
company the information necessary to determine eligibility.
    (e) This Section shall not apply to:
        (1) any motor vehicle which is a part of a fleet or is
    used for commercial purposes unless there is a regularly
    assigned principal operator.
        (2) any motor vehicle subject to a higher premium rate
    because of the insured's previous motor vehicle claim
    experience or to any motor vehicle whose principal
    operator has been convicted of violating any of the motor
    vehicle laws of this State, until that operator shall have
    maintained a driving record free of crashes accidents and
    moving violations for a continuous one year period, in
    which case such driver shall be eligible for a reduction
    the remaining 2 years of the 3 year period.
        (3) any motor vehicle whose principal operator has had
    his drivers license revoked or suspended for any reason by
    the Secretary of State within the previous 36 months.
        (4) any policy of group automobile insurance under
    which premiums are broadly averaged for the group rather
    than determined individually.
(Source: P.A. 102-397, eff. 1-1-22.)
 
    (215 ILCS 5/143.32)
    Sec. 143.32. Replacement of child restraint systems. A
policy of automobile insurance, as defined in Section 143.13,
that is amended, delivered, issued, or renewed after the
effective date of this amendatory Act of the 91st General
Assembly must include coverage for replacement of a child
restraint system that was in use by a child during a crash an
accident to which coverage is applicable. As used in this
Section, "child restraint system" has the meaning given that
term in the Child Passenger Restraint Act.
(Source: P.A. 91-749, eff. 6-2-00.)
 
    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
    Sec. 143a. Uninsured and hit and run motor vehicle
coverage.
    (1) No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered
by any person arising out of the ownership, maintenance or use
of a motor vehicle that is designed for use on public highways
and that is either required to be registered in this State or
is principally garaged in this State shall be renewed,
delivered, or issued for delivery in this State unless
coverage is provided therein or supplemental thereto, in
limits for bodily injury or death set forth in Section 7-203 of
the Illinois Vehicle Code for the protection of persons
insured thereunder who are legally entitled to recover damages
from owners or operators of uninsured motor vehicles and
hit-and-run motor vehicles because of bodily injury, sickness
or disease, including death, resulting therefrom. Uninsured
motor vehicle coverage does not apply to bodily injury,
sickness, disease, or death resulting therefrom, of an insured
while occupying a motor vehicle owned by, or furnished or
available for the regular use of the insured, a resident
spouse or resident relative, if that motor vehicle is not
described in the policy under which a claim is made or is not a
newly acquired or replacement motor vehicle covered under the
terms of the policy. The limits for any coverage for any
vehicle under the policy may not be aggregated with the limits
for any similar coverage, whether provided by the same insurer
or another insurer, applying to other motor vehicles, for
purposes of determining the total limit of insurance coverage
available for bodily injury or death suffered by a person in
any one crash accident. No policy shall be renewed, delivered,
or issued for delivery in this State unless it is provided
therein that any dispute with respect to the coverage and the
amount of damages shall be submitted for arbitration to the
American Arbitration Association and be subject to its rules
for the conduct of arbitration hearings as to all matters
except medical opinions. As to medical opinions, if the amount
of damages being sought is equal to or less than the amount
provided for in Section 7-203 of the Illinois Vehicle Code,
then the current American Arbitration Association Rules shall
apply. If the amount being sought in an American Arbitration
Association case exceeds that amount as set forth in Section
7-203 of the Illinois Vehicle Code, then the Rules of Evidence
that apply in the circuit court for placing medical opinions
into evidence shall govern. Alternatively, disputes with
respect to damages and the coverage shall be determined in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any decision made by the
arbitrators shall be binding for the amount of damages not
exceeding $75,000 for bodily injury to or death of any one
person, $150,000 for bodily injury to or death of 2 or more
persons in any one motor vehicle crash accident, or the
corresponding policy limits for bodily injury or death,
whichever is less. All 3-person arbitration cases proceeding
in accordance with any uninsured motorist coverage conducted
in this State in which the claimant is only seeking monetary
damages up to the limits set forth in Section 7-203 of the
Illinois Vehicle Code shall be subject to the following rules:
        (A) If at least 60 days' written notice of the
    intention to offer the following documents in evidence is
    given to every other party, accompanied by a copy of the
    document, a party may offer in evidence, without
    foundation or other proof:
            (1) bills, records, and reports of hospitals,
        doctors, dentists, registered nurses, licensed
        practical nurses, physical therapists, and other
        healthcare providers;
            (2) bills for drugs, medical appliances, and
        prostheses;
            (3) property repair bills or estimates, when
        identified and itemized setting forth the charges for
        labor and material used or proposed for use in the
        repair of the property;
            (4) a report of the rate of earnings and time lost
        from work or lost compensation prepared by an
        employer;
            (5) the written opinion of an opinion witness, the
        deposition of a witness, and the statement of a
        witness that the witness would be allowed to express
        if testifying in person, if the opinion or statement
        is made by affidavit or by certification as provided
        in Section 1-109 of the Code of Civil Procedure;
            (6) any other document not specifically covered by
        any of the foregoing provisions that is otherwise
        admissible under the rules of evidence.
        Any party receiving a notice under this paragraph (A)
    may apply to the arbitrator or panel of arbitrators, as
    the case may be, for the issuance of a subpoena directed to
    the author or maker or custodian of the document that is
    the subject of the notice, requiring the person subpoenaed
    to produce copies of any additional documents as may be
    related to the subject matter of the document that is the
    subject of the notice. Any such subpoena shall be issued
    in substantially similar form and served by notice as
    provided by Illinois Supreme Court Rule 204(a)(4). Any
    such subpoena shall be returnable not less than 5 days
    before the arbitration hearing.
        (B) Notwithstanding the provisions of Supreme Court
    Rule 213(g), a party who proposes to use a written opinion
    of an expert or opinion witness or the testimony of an
    expert or opinion witness at the hearing may do so
    provided a written notice of that intention is given to
    every other party not less than 60 days prior to the date
    of hearing, accompanied by a statement containing the
    identity of the witness, his or her qualifications, the
    subject matter, the basis of the witness's conclusions,
    and his or her opinion.
        (C) Any other party may subpoena the author or maker
    of a document admissible under this subsection, at that
    party's expense, and examine the author or maker as if
    under cross-examination. The provisions of Section 2-1101
    of the Code of Civil Procedure shall be applicable to
    arbitration hearings, and it shall be the duty of a party
    requesting the subpoena to modify the form to show that
    the appearance is set before an arbitration panel and to
    give the time and place set for the hearing.
        (D) The provisions of Section 2-1102 of the Code of
    Civil Procedure shall be applicable to arbitration
    hearings under this subsection.
    (2) No policy insuring against loss resulting from
liability imposed by law for property damage arising out of
the ownership, maintenance, or use of a motor vehicle shall be
renewed, delivered, or issued for delivery in this State with
respect to any private passenger or recreational motor vehicle
that is designed for use on public highways and that is either
required to be registered in this State or is principally
garaged in this State and is not covered by collision
insurance under the provisions of such policy, unless coverage
is made available in the amount of the actual cash value of the
motor vehicle described in the policy or $15,000 whichever is
less, subject to a $250 deductible, for the protection of
persons insured thereunder who are legally entitled to recover
damages from owners or operators of uninsured motor vehicles
and hit-and-run motor vehicles because of property damage to
the motor vehicle described in the policy.
    There shall be no liability imposed under the uninsured
motorist property damage coverage required by this subsection
if the owner or operator of the at-fault uninsured motor
vehicle or hit-and-run motor vehicle cannot be identified.
This subsection shall not apply to any policy which does not
provide primary motor vehicle liability insurance for
liabilities arising from the maintenance, operation, or use of
a specifically insured motor vehicle.
    Each insurance company providing motor vehicle property
damage liability insurance shall advise applicants of the
availability of uninsured motor vehicle property damage
coverage, the premium therefor, and provide a brief
description of the coverage. That information need be given
only once and shall not be required in any subsequent renewal,
reinstatement or reissuance, substitute, amended, replacement
or supplementary policy. No written rejection shall be
required, and the absence of a premium payment for uninsured
motor vehicle property damage shall constitute conclusive
proof that the applicant or policyholder has elected not to
accept uninsured motorist property damage coverage.
    An insurance company issuing uninsured motor vehicle
property damage coverage may provide that:
        (i) Property damage losses recoverable thereunder
    shall be limited to damages caused by the actual physical
    contact of an uninsured motor vehicle with the insured
    motor vehicle.
        (ii) There shall be no coverage for loss of use of the
    insured motor vehicle and no coverage for loss or damage
    to personal property located in the insured motor vehicle.
        (iii) Any claim submitted shall include the name and
    address of the owner of the at-fault uninsured motor
    vehicle, or a registration number and description of the
    vehicle, or any other available information to establish
    that there is no applicable motor vehicle property damage
    liability insurance.
    Any dispute with respect to the coverage and the amount of
damages shall be submitted for arbitration to the American
Arbitration Association and be subject to its rules for the
conduct of arbitration hearings or for determination in the
following manner: Upon the insured requesting arbitration,
each party to the dispute shall select an arbitrator and the 2
arbitrators so named shall select a third arbitrator. If such
arbitrators are not selected within 45 days from such request,
either party may request that the arbitration be submitted to
the American Arbitration Association. Any arbitration
proceeding under this subsection seeking recovery for property
damages shall be subject to the following rules:
        (A) If at least 60 days' written notice of the
    intention to offer the following documents in evidence is
    given to every other party, accompanied by a copy of the
    document, a party may offer in evidence, without
    foundation or other proof:
            (1) property repair bills or estimates, when
        identified and itemized setting forth the charges for
        labor and material used or proposed for use in the
        repair of the property;
            (2) the written opinion of an opinion witness, the
        deposition of a witness, and the statement of a
        witness that the witness would be allowed to express
        if testifying in person, if the opinion or statement
        is made by affidavit or by certification as provided
        in Section 1-109 of the Code of Civil Procedure;
            (3) any other document not specifically covered by
        any of the foregoing provisions that is otherwise
        admissible under the rules of evidence.
        Any party receiving a notice under this paragraph (A)
    may apply to the arbitrator or panel of arbitrators, as
    the case may be, for the issuance of a subpoena directed to
    the author or maker or custodian of the document that is
    the subject of the notice, requiring the person subpoenaed
    to produce copies of any additional documents as may be
    related to the subject matter of the document that is the
    subject of the notice. Any such subpoena shall be issued
    in substantially similar form and served by notice as
    provided by Illinois Supreme Court Rule 204(a)(4). Any
    such subpoena shall be returnable not less than 5 days
    before the arbitration hearing.
        (B) Notwithstanding the provisions of Supreme Court
    Rule 213(g), a party who proposes to use a written opinion
    of an expert or opinion witness or the testimony of an
    expert or opinion witness at the hearing may do so
    provided a written notice of that intention is given to
    every other party not less than 60 days prior to the date
    of hearing, accompanied by a statement containing the
    identity of the witness, his or her qualifications, the
    subject matter, the basis of the witness's conclusions,
    and his or her opinion.
        (C) Any other party may subpoena the author or maker
    of a document admissible under this subsection, at that
    party's expense, and examine the author or maker as if
    under cross-examination. The provisions of Section 2-1101
    of the Code of Civil Procedure shall be applicable to
    arbitration hearings, and it shall be the duty of a party
    requesting the subpoena to modify the form to show that
    the appearance is set before an arbitration panel and to
    give the time and place set for the hearing.
        (D) The provisions of Section 2-1102 of the Code of
    Civil Procedure shall be applicable to arbitration
    hearings under this subsection.
    (3) For the purpose of the coverage, the term "uninsured
motor vehicle" includes, subject to the terms and conditions
of the coverage, a motor vehicle where on, before, or after the
accident date of the crash the liability insurer thereof is
unable to make payment with respect to the legal liability of
its insured within the limits specified in the policy because
of the entry by a court of competent jurisdiction of an order
of rehabilitation or liquidation by reason of insolvency on or
after the accident date of the crash. An insurer's extension
of coverage, as provided in this subsection, shall be
applicable to all crashes accidents occurring after July 1,
1967 during a policy period in which its insured's uninsured
motor vehicle coverage is in effect. Nothing in this Section
may be construed to prevent any insurer from extending
coverage under terms and conditions more favorable to its
insureds than is required by this Section.
    (4) In the event of payment to any person under the
coverage required by this Section and subject to the terms and
conditions of the coverage, the insurer making the payment
shall, to the extent thereof, be entitled to the proceeds of
any settlement or judgment resulting from the exercise of any
rights of recovery of the person against any person or
organization legally responsible for the property damage,
bodily injury or death for which the payment is made,
including the proceeds recoverable from the assets of the
insolvent insurer. With respect to payments made by reason of
the coverage described in subsection (3), the insurer making
such payment shall not be entitled to any right of recovery
against the tortfeasor in excess of the proceeds recovered
from the assets of the insolvent insurer of the tortfeasor.
    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
page 875) shall not be construed to terminate or reduce any
insurance coverage or any right of any party under this Code in
effect before July 1, 1967. Public Act 86-1155 shall not be
construed to terminate or reduce any insurance coverage or any
right of any party under this Code in effect before its
effective date.
    (6) Failure of the motorist from whom the claimant is
legally entitled to recover damages to file the appropriate
forms with the Safety Responsibility Section of the Department
of Transportation within 120 days of the accident date of the
crash shall create a rebuttable presumption that the motorist
was uninsured at the time of the injurious occurrence.
    (7) An insurance carrier may upon good cause require the
insured to commence a legal action against the owner or
operator of an uninsured motor vehicle before good faith
negotiation with the carrier. If the action is commenced at
the request of the insurance carrier, the carrier shall pay to
the insured, before the action is commenced, all court costs,
jury fees and sheriff's fees arising from the action.
    The changes made by Public Act 90-451 apply to all
policies of insurance amended, delivered, issued, or renewed
on and after January 1, 1998 (the effective date of Public Act
90-451).
    (8) The changes made by Public Act 98-927 apply to all
policies of insurance amended, delivered, issued, or renewed
on and after January 1, 2015 (the effective date of Public Act
98-927).
(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15;
99-642, eff. 7-28-16.)
 
    (215 ILCS 5/143a-2)  (from Ch. 73, par. 755a-2)
    Sec. 143a-2. (1) Additional uninsured motor vehicle
coverage. No policy insuring against loss resulting from
liability imposed by law for bodily injury or death suffered
by any person arising out of the ownership, maintenance or use
of a motor vehicle shall be renewed or delivered or issued for
delivery in this State with respect to any motor vehicle
designed for use on public highways and required to be
registered in this State unless uninsured motorist coverage as
required in Section 143a of this Code is included in an amount
equal to the insured's bodily injury liability limits unless
specifically rejected by the insured as provided in paragraph
(2) of this Section. Each insurance company providing the
coverage must provide applicants with a brief description of
the coverage and advise them of their right to reject the
coverage in excess of the limits set forth in Section 7-203 of
the Illinois Vehicle Code. The provisions of this amendatory
Act of 1990 apply to policies of insurance applied for after
June 30, 1991.
    (2) Right of rejection of additional uninsured motorist
coverage. Any named insured or applicant may reject additional
uninsured motorist coverage in excess of the limits set forth
in Section 7-203 of the Illinois Vehicle Code by making a
written request for limits of uninsured motorist coverage
which are less than bodily injury liability limits or a
written rejection of limits in excess of those required by
law. This election or rejection shall be binding on all
persons insured under the policy. In those cases where the
insured has elected to purchase limits of uninsured motorist
coverage which are less than bodily injury liability limits or
to reject limits in excess of those required by law, the
insurer need not provide in any renewal, reinstatement,
reissuance, substitute, amended, replacement or supplementary
policy, coverage in excess of that elected by the insured in
connection with a policy previously issued to such insured by
the same insurer unless the insured subsequently makes a
written request for such coverage.
    (3) The original document indicating the applicant's
selection of uninsured motorist coverage limits shall
constitute sufficient evidence of the applicant's selection of
uninsured motorist coverage limits. For purposes of this
Section any reproduction of the document by means of
photograph, photostat, microfiche, computerized optical
imaging process, or other similar process or means of
reproduction shall be deemed the equivalent of the original
document.
    (4) For the purpose of this Code the term "underinsured
motor vehicle" means a motor vehicle whose ownership,
maintenance or use has resulted in bodily injury or death of
the insured, as defined in the policy, and for which the sum of
the limits of liability under all bodily injury liability
insurance policies or under bonds or other security required
to be maintained under Illinois law applicable to the driver
or to the person or organization legally responsible for such
vehicle and applicable to the vehicle, is less than the limits
for underinsured coverage provided the insured as defined in
the policy at the time of the crash accident. The limits of
liability for an insurer providing underinsured motorist
coverage shall be the limits of such coverage, less those
amounts actually recovered under the applicable bodily injury
insurance policies, bonds or other security maintained on the
underinsured motor vehicle.
     On or after July 1, 1983, no policy insuring against loss
resulting from liability imposed by law for bodily injury or
death suffered by any person arising out of the ownership,
maintenance or use of a motor vehicle shall be renewed or
delivered or issued for delivery in this State with respect to
any motor vehicle designed for use on public highways and
required to be registered in this State unless underinsured
motorist coverage is included in such policy in an amount
equal to the total amount of uninsured motorist coverage
provided in that policy where such uninsured motorist coverage
exceeds the limits set forth in Section 7-203 of the Illinois
Vehicle Code.
    The changes made to this subsection (4) by this amendatory
Act of the 93rd General Assembly apply to policies issued or
renewed on or after December 1, 2004.
    (5) Scope. Nothing herein shall prohibit an insurer from
setting forth policy terms and conditions which provide that
if the insured has coverage available under this Section under
more than one policy or provision of coverage, any recovery or
benefits may be equal to, but may not exceed, the higher of the
applicable limits of the respective coverage, and the limits
of liability under this Section shall not be increased because
of multiple motor vehicles covered under the same policy of
insurance. Insurers providing liability coverage on an excess
or umbrella basis are neither required to provide, nor are
they prohibited from offering or making available coverages
conforming to this Section on a supplemental basis.
Notwithstanding the provisions of this Section, an insurer
shall not be prohibited from solely providing a combination of
uninsured and underinsured motorist coverages where the limits
of liability under each coverage is in the same amount.
    (6) Subrogation against underinsured motorists. No insurer
shall exercise any right of subrogation under a policy
providing additional uninsured motorist coverage against an
underinsured motorist where the insurer has been provided with
written notice in advance of a settlement between its insured
and the underinsured motorist and the insurer fails to advance
a payment to the insured, in an amount equal to the tentative
settlement, within 30 days following receipt of such notice.
    (7) A policy which provides underinsured motor vehicle
coverage may include a clause which denies payment until the
limits of liability or portion thereof under all bodily injury
liability insurance policies applicable to the underinsured
motor vehicle and its operators have been partially or fully
exhausted by payment of judgment or settlement. A judgment or
settlement of the bodily injury claim in an amount less than
the limits of liability of the bodily injury coverages
applicable to the claim shall not preclude the claimant from
making an underinsured motorist claim against the underinsured
motorist coverage. Any such provision in a policy of insurance
shall be inapplicable if the insured, or the legal
representative of the insured, and the insurer providing
underinsured motor vehicle coverage agree that the insured has
suffered bodily injury or death as the result of the negligent
operation, maintenance, or use of an underinsured motor
vehicle and, without arbitration, agree also on the amount of
damages that the insured is legally entitled to collect. The
maximum amount payable pursuant to such an underinsured motor
vehicle insurance settlement agreement shall not exceed the
amount by which the limits of the underinsured motorist
coverage exceed the limits of the bodily injury liability
insurance of the owner or operator of the underinsured motor
vehicle. Any such agreement shall be final as to the amount due
and shall be binding upon both the insured and the
underinsured motorist insurer regardless of the amount of any
judgment, or any settlement reached between any insured and
the person or persons responsible for the crash accident. No
such settlement agreement shall be concluded unless: (i) the
insured has complied with all other applicable policy terms
and conditions; and (ii) before the conclusion of the
settlement agreement, the insured has filed suit against the
underinsured motor vehicle owner or operator and has not
abandoned the suit, or settled the suit without preserving the
rights of the insurer providing underinsured motor vehicle
coverage in the manner described in paragraph (6) of this
Section.
(Source: P.A. 93-762, eff. 7-16-04.)
 
    Section 60. The Child Care Act of 1969 is amended by
changing Section 5.1 as follows:
 
    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
    Sec. 5.1. (a) The Department shall ensure that no day care
center, group home or child care institution as defined in
this Act shall on a regular basis transport a child or children
with any motor vehicle unless such vehicle is operated by a
person who complies with the following requirements:
        1. is 21 years of age or older;
        2. currently holds a valid driver's license, which has
    not been revoked or suspended for one or more traffic
    violations during the 3 years immediately prior to the
    date of application;
        3. demonstrates physical fitness to operate vehicles
    by submitting the results of a medical examination
    conducted by a licensed physician;
        4. has not been convicted of more than 2 offenses
    against traffic regulations governing the movement of
    vehicles within a twelve month period;
        5. has not been convicted of reckless driving or
    driving under the influence or manslaughter or reckless
    homicide resulting from the operation of a motor vehicle
    within the past 3 years;
        6. has signed and submitted a written statement
    certifying that he has not, through the unlawful operation
    of a motor vehicle, caused a crash an accident which
    resulted in the death of any person within the 5 years
    immediately prior to the date of application.
    However, such day care centers, group homes and child care
institutions may provide for transportation of a child or
children for special outings, functions or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
    (a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
    For every individual employed at a group home or child
care institution who regularly transports children in the
course of performing his or her duties, the Department must
make the verification every 2 years. Upon the Department's
request, the Secretary of State shall provide the Department
with the information necessary to enable the Department to
make the verifications required under subsection (a).
    In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make
that verification with the Secretary of State before the
individual operates a motor vehicle to transport a child or
children under the circumstances described in subsection (a).
    In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
    If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
    (b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
    (c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home or child
care institution that fails to meet the requirements of this
Section.
    (d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 94-943, eff. 1-1-07.)
 
    Section 65. The Liquor Control Act of 1934 is amended by
changing Section 6-29.1 as follows:
 
    (235 ILCS 5/6-29.1)
    Sec. 6-29.1. Direct shipments of alcoholic liquor.
    (a) The General Assembly makes the following findings:
        (1) The General Assembly of Illinois, having reviewed
    this Act in light of the United States Supreme Court's
    2005 decision in Granholm v. Heald, has determined to
    conform that law to the constitutional principles
    enunciated by the Court in a manner that best preserves
    the temperance, revenue, and orderly distribution values
    of this Act.
        (2) Minimizing automobile crashes accidents and
    fatalities, domestic violence, health problems, loss of
    productivity, unemployment, and other social problems
    associated with dependency and improvident use of
    alcoholic beverages remains the policy of Illinois.
        (3) To the maximum extent constitutionally feasible,
    Illinois desires to collect sufficient revenue from excise
    and use taxes on alcoholic beverages for the purpose of
    responding to such social problems.
        (4) Combined with family education and individual
    discipline, retail validation of age, and assessment of
    the capacity of the consumer remains the best pre-sale
    social protection against the problems associated with the
    abuse of alcoholic liquor.
        (5) Therefore, the paramount purpose of this
    amendatory Act is to continue to carefully limit direct
    shipment sales of wine produced by makers of wine and to
    continue to prohibit such direct shipment sales for
    spirits and beer.
    For these reasons, the Commission shall establish a system
to notify the out-of-state trade of this prohibition and to
detect violations. The Commission shall request the Attorney
General to extradite any offender.
    (b) Pursuant to the Twenty-First Amendment of the United
States Constitution allowing states to regulate the
distribution and sale of alcoholic liquor and pursuant to the
federal Webb-Kenyon Act declaring that alcoholic liquor
shipped in interstate commerce must comply with state laws,
the General Assembly hereby finds and declares that selling
alcoholic liquor from a point outside this State through
various direct marketing means, such as catalogs, newspapers,
mailers, and the Internet, directly to residents of this State
poses a serious threat to the State's efforts to prevent
youths from accessing alcoholic liquor; to State revenue
collections; and to the economy of this State.
    Any person manufacturing, distributing, or selling
alcoholic liquor who knowingly ships or transports or causes
the shipping or transportation of any alcoholic liquor from a
point outside this State to a person in this State who does not
hold a manufacturer's, distributor's, importing distributor's,
or non-resident dealer's license issued by the Liquor Control
Commission, other than a shipment of sacramental wine to a
bona fide religious organization, a shipment authorized by
Section 6-29, subparagraph (17) of Section 3-12, or any other
shipment authorized by this Act, is in violation of this Act.
    The Commission, upon determining, after investigation,
that a person has violated this Section, shall give notice to
the person by certified mail to cease and desist all shipments
of alcoholic liquor into this State and to withdraw from this
State within 5 working days after receipt of the notice all
shipments of alcoholic liquor then in transit. A person who
violates the cease and desist notice is subject to the
applicable penalties in subsection (a) of Section 10-1 of this
Act.
(Source: P.A. 99-904, eff. 1-1-17.)
 
    Section 70. The Suicide Prevention, Education, and
Treatment Act is amended by changing Section 5 as follows:
 
    (410 ILCS 53/5)
    Sec. 5. Legislative findings. The General Assembly makes
the following findings:
        (1) 1,474 Illinoisans lost their lives to suicide in
    2017. During 2016, suicide was the eleventh leading cause
    of death in Illinois, causing more deaths than homicide,
    motor vehicle crashes accidents, accidental falls, and
    numerous prevalent diseases, including liver disease,
    hypertension, influenza/pneumonia, Parkinson's disease,
    and HIV. Suicide was the third leading cause of death of
    ages 15 to 34 and the fourth leading cause of death of ages
    35 to 54. Those living outside of urban areas are
    particularly at risk for suicide, with a rate that is 50%
    higher than those living in urban areas.
        (2) For every person who dies by suicide, more than 30
    others attempt suicide.
        (3) Each suicide attempt and death impacts countless
    other individuals. Family members, friends, co-workers,
    and others in the community all suffer the long-lasting
    consequences of suicidal behaviors.
        (4) Suicide attempts and deaths by suicide have an
    economic impact on Illinois. The National Center for
    Injury Prevention and Control estimates that in 2010 each
    suicide death in Illinois resulted in $1,181,549 in
    medical costs and work loss costs. It also estimated that
    each hospitalization for self-harm resulted in $31,019 in
    medical costs and work loss costs and each emergency room
    visit for self-harm resulted in $4,546 in medical costs
    and work loss costs.
        (5) In 2004, the Illinois General Assembly passed the
    Suicide Prevention, Education, and Treatment Act (Public
    Act 93-907), which required the Illinois Department of
    Public Health to establish the Illinois Suicide Prevention
    Strategic Planning Committee to develop the Illinois
    Suicide Prevention Strategic Plan. That law required the
    use of the 2002 United States Surgeon General's National
    Suicide Prevention Strategy as a model for the Plan.
    Public Act 95-109 changed the name of the committee to the
    Illinois Suicide Prevention Alliance. The Illinois Suicide
    Prevention Strategic Plan was submitted in 2007 and
    updated in 2018.
        (6) In 2004, there were 1,028 suicide deaths in
    Illinois, which the Centers for Disease Control reports
    was an age-adjusted rate of 8.11 deaths per 100,000. The
    Centers for Disease Control reports that the 1,474 suicide
    deaths in 2017 result in an age-adjusted rate of 11.19
    deaths per 100,000. Thus, since the enactment of Public
    Act 93-907, the rate of suicides in Illinois has risen by
    38%.
        (7) Since the enactment of Public Act 93-907, there
    have been numerous developments in suicide prevention,
    including the issuance of the 2012 National Strategy for
    Suicide Prevention by the United States Surgeon General
    and the National Action Alliance for Suicide Prevention
    containing new strategies and recommended activities for
    local governmental bodies.
        (8) Despite the obvious impact of suicide on Illinois
    citizens, Illinois has devoted minimal resources to its
    prevention. There is no full-time coordinator or director
    of suicide prevention activities in the State. Moreover,
    the Suicide Prevention Strategic Plan is still modeled on
    the now obsolete 2002 National Suicide Prevention
    Strategy.
        (9) It is necessary to revise the Suicide Prevention
    Strategic Plan to reflect the most current National
    Suicide Prevention Strategy as well as current research
    and experience into the prevention of suicide.
        (10) One of the goals adopted in the 2012 National
    Strategy for Suicide Prevention is to promote suicide
    prevention as a core component of health care services so
    there is an active engagement of health and social
    services, as well as the coordination of care across
    multiple settings, thereby ensuring continuity of care and
    promoting patient safety.
        (11) Integrating suicide prevention into behavioral
    and physical health care services can save lives. National
    data indicate that: over 30% of individuals are receiving
    mental health care at the time of their deaths by suicide;
    45% have seen their primary care physicians within one
    month of their deaths; and 25% of those who die of suicide
    visited an emergency department in the year prior to their
    deaths.
        (12) The Zero Suicide model is a part of the National
    Strategy for Suicide Prevention, a priority of the
    National Action Alliance for Suicide Prevention, and a
    project of the Suicide Prevention Resource Center that
    implements the goal of making suicide prevention a core
    component of health care services.
        (13) The Zero Suicide model is built on the
    foundational belief and aspirational goal that suicide
    deaths of individuals who are under the care of our health
    care systems are preventable with the adoption of
    comprehensive training, patient engagement, transition,
    and quality improvement.
        (14) Health care systems, including mental and
    behavioral health systems and hospitals, that have
    implemented the Zero Suicide model have noted significant
    reductions in suicide deaths for patients within their
    care.
        (15) The Suicide Prevention Resource Center
    facilitates adoption of the Zero Suicide model by
    providing comprehensive information, resources, and tools
    for its implementation.
(Source: P.A. 101-331, eff. 8-9-19.)
 
    Section 75. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Section 5 as follows:
 
    (410 ILCS 130/5)
    Sec. 5. Findings.
    (a) The recorded use of cannabis as a medicine goes back
nearly 5,000 years. Modern medical research has confirmed the
beneficial uses of cannabis in treating or alleviating the
pain, nausea, and other symptoms associated with a variety of
debilitating medical conditions, including cancer, multiple
sclerosis, and HIV/AIDS, as found by the National Academy of
Sciences' Institute of Medicine in March 1999.
    (b) Studies published since the 1999 Institute of Medicine
report continue to show the therapeutic value of cannabis in
treating a wide array of debilitating medical conditions.
These include relief of the neuropathic pain caused by
multiple sclerosis, HIV/AIDS, and other illnesses that often
fail to respond to conventional treatments and relief of
nausea, vomiting, and other side effects of drugs used to
treat HIV/AIDS and hepatitis C, increasing the chances of
patients continuing on life-saving treatment regimens.
    (c) Cannabis has many currently accepted medical uses in
the United States, having been recommended by thousands of
licensed physicians to at least 600,000 patients in states
with medical cannabis laws. The medical utility of cannabis is
recognized by a wide range of medical and public health
organizations, including the American Academy of HIV Medicine,
the American College of Physicians, the American Nurses
Association, the American Public Health Association, the
Leukemia & Lymphoma Society, and many others.
    (d) Data from the Federal Bureau of Investigation's
Uniform Crime Reports and the Compendium of Federal Justice
Statistics show that approximately 99 out of every 100
cannabis arrests in the U.S. are made under state law, rather
than under federal law. Consequently, changing State law will
have the practical effect of protecting from arrest the vast
majority of seriously ill patients who have a medical need to
use cannabis.
    (d-5) In 2014, the Task Force on Veterans' Suicide was
created by the Illinois General Assembly to gather data on
veterans' suicide prevention. Data from a U.S. Department of
Veterans Affairs study indicates that 22 veterans commit
suicide each day.
    (d-10) According to the State of Illinois Opioid Action
Plan released in September 2017, "The opioid epidemic is the
most significant public health and public safety crisis facing
Illinois". According to the Action Plan, "Fueled by the
growing opioid epidemic, drug overdoses have now become the
leading cause of death nationwide for people under the age of
50. In Illinois, opioid overdoses have killed nearly 11,000
people since 2008. Just last year, nearly 1,900 people died of
overdoses—almost twice the number of fatal car crashes
accidents. Beyond these deaths are thousands of emergency
department visits, hospital stays, as well as the pain
suffered by individuals, families, and communities".
    According to the Action Plan, "At the current rate, the
opioid epidemic will claim the lives of more than 2,700
Illinoisans in 2020".
    Further, the Action Plan states, "Physical tolerance to
opioids can begin to develop as early as two to three days
following the continuous use of opioids, which is a large
factor that contributes to their addictive potential".
    The 2017 State of Illinois Opioid Action Plan also states,
"The increase in OUD [opioid use disorder] and opioid overdose
deaths is largely due to the dramatic rise in the rate and
amount of opioids prescribed for pain over the past decades".
    Further, according to the Action Plan, "In the absence of
alternative treatments, reducing the supply of prescription
opioids too abruptly may drive more people to switch to using
illicit drugs (including heroin), thus increasing the risk of
overdose".
    (e) Alaska, Arizona, California, Colorado, Connecticut,
Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
Washington, and Washington, D.C. have removed state-level
criminal penalties from the medical use and cultivation of
cannabis. Illinois joins in this effort for the health and
welfare of its citizens.
    (f) States are not required to enforce federal law or
prosecute people for engaging in activities prohibited by
federal law. Therefore, compliance with this Act does not put
the State of Illinois in violation of federal law.
    (g) State law should make a distinction between the
medical and non-medical uses of cannabis. Hence, the purpose
of this Act is to protect patients with debilitating medical
conditions, as well as their physicians and providers, from
arrest and prosecution, criminal and other penalties, and
property forfeiture if the patients engage in the medical use
of cannabis.
(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
    Section 80. The Burn Injury Reporting Act is amended by
changing Section 5 as follows:
 
    (425 ILCS 7/5)
    Sec. 5. Burn injury reporting.
    (a) Every case of a burn injury treated in a hospital as
described in this Act may be reported to the Office of the
State Fire Marshal. The hospital's administrator, manager,
superintendent, or his or her designee deciding to report
under this Act shall make an oral report of every burn injury
in a timely manner as soon as treatment permits, except as
provided in subsection (c) of this Section, that meets one of
the following criteria:
        (1) a person receives a serious second-degree burn or
    a third degree burn, but not a radiation burn, to 10% or
    more of the person's body as a whole;
        (2) a person sustains a burn to the upper respiratory
    tract or occurring laryngeal edema due to the inhalation
    of superheated air;
        (3) a person sustains any burn injury likely to result
    in death; or
        (4) a person sustains any other burn injury not
    excluded by subsection (c).
    (b) The oral report shall consist of notification by
telephone to the Office of the State Fire Marshal using a
toll-free number established by the Office of the State Fire
Marshal for this purpose.
    (c) A hospital's administrator, manager, superintendent,
or his or her designee deciding to report under this Act shall
not report any of the following burn injuries:
        (1) a burn injury of an emergency medical responder,
    as defined in Section 3.50 of the Emergency Medical
    Services (EMS) Systems Act, sustained in the line of duty;
        (2) a burn injury caused by lighting;
        (3) a burn injury caused by a motor vehicle crash
    accident; or
        (4) a burn injury caused by an identifiable industrial
    accident or work-related accident.
(Source: P.A. 98-973, eff. 8-15-14.)
 
    Section 85. The Illinois Public Health and Safety Animal
Population Control Act is amended by changing Section 5 as
follows:
 
    (510 ILCS 92/5)
    Sec. 5. Findings. The General Assembly finds the
following:
        (1) Controlling the dog and cat population would have
    a significant benefit to the public health and safety by
    aiding in the prevention of dog attacks, reducing the
    number of dog and cat bite cases involving children, and
    decreasing the number of automobile crashes accidents
    caused by stray dogs and cats.
        (2) Increasing the number of rabies-vaccinated, owned
    pets in low-income areas will reduce potential threats to
    public health and safety from rabies.
        (3) Controlling the dog and cat population will save
    taxpayer dollars by reducing the number of dogs and cats
    handled by county and municipal animal control agencies.
    Targeted low-cost spay or neuter programs for dogs and
    cats in select Illinois counties and other states have
    proven to save taxpayers money.
        (4) This Act is established to provide a variety of
    means by which population control and rabies vaccinations
    may be financed.
(Source: P.A. 94-639, eff. 8-22-05.)
 
    Section 90. The Illinois Highway Code is amended by
changing Section 1-102 as follows:
 
    (605 ILCS 5/1-102)  (from Ch. 121, par. 1-102)
    Sec. 1-102. It is the intent and declared policy of the
legislature that an integrated system of highways and streets
is essential to the general welfare and to the agricultural,
industrial, recreational, and social development of the State.
In view of the rapid growth of the State's economy and
increased use of public highways, the provision of safe and
efficient highway transportation is a matter of public
concern. It is the declared and continuous policy of the
legislature to provide for improvement of highways and the
highway transportation system as well as the preservation of
investment in highways. To that end it is intended to provide
for integrated and systematic planning and orderly development
in accordance with actual needs. It is further declared that
the provision of such a system with efficient management,
operation, and control, and the elimination of congestion,
crash accident reduction, and safety is an urgent problem and
proper objective of highway legislation. It is further
declared that highway transportation system development
requires the cooperation of State, county, township, and
municipal highway agencies and coordination of their
activities on a continuous and partnership basis and the
legislature intends such cooperative relationships to
accomplish this purpose.
    It is also the intent and declared policy of the
legislature that no public moneys derived from fees, excises
or license taxes relating to registration, operation and use
of vehicles on public highways or to fuels used for the
propulsion of such vehicles, shall be appropriated or expended
other than for costs of administering the laws imposing such
fees, excises and license taxes, statutory refunds and
adjustments allowed thereunder, highway administrative costs,
payment of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition of
rights-of-way for, and the cost of construction,
reconstruction, maintenance, repair and operation of public
highways and bridges under the direction and supervision of
the State, political subdivision or municipality collecting
such moneys, and the costs for patrolling and policing the
public highways (by State, political subdivision or
municipality collecting such money) for enforcement of traffic
laws. The separation of grades of such highways with railroads
and costs associated with protection of at-grade highway and
railroad crossings shall also be permissible.
(Source: P.A. 81-2nd S.S.-3.)
 
    Section 95. The Toll Highway Act is amended by changing
Section 19.1 as follows:
 
    (605 ILCS 10/19.1)
    Sec. 19.1. Confidentiality of personally identifiable
information obtained through electronic toll collection
system.
    (a) For purposes of this Section:
    "Electronic toll collection system" is a system where a
transponder, camera-based vehicle identification system, or
other electronic medium is used to deduct payment of a toll
from a subscriber's account or to establish an obligation to
pay a toll.
    "Electronic toll collection system user" means any natural
person who subscribes to an electronic toll collection system
or any natural person who uses a tolled transportation
facility that employs the Authority's electronic toll
collection system.
    "Personally identifiable information" means any
information that identifies or describes an electronic toll
collection system user, including but not limited to travel
pattern data, address, telephone number, e-mail address,
license plate number, photograph, bank account information, or
credit card number.
    (b) Except as otherwise provided in this Section, the
Authority may not sell or otherwise provide to any person or
entity personally identifiable information of any electronic
toll collection system user that the Authority obtains through
the operation of its electronic toll collection system.
    (c) The Authority may, within practical business and cost
constraints, store personally identifiable information of an
electronic toll collection system user only if the information
is required to perform account functions such as billing,
account settlement, or toll violation enforcement activities.
    (d) By no later than December 31, 2011, the Authority
shall establish a privacy policy regarding the collection and
use of personally identifiable information. Upon its adoption,
the policy shall be posted on the Authority's website and a
copy shall be included with each transponder transmitted to a
user. The policy shall include but need not be limited to the
following:
        (1) A description of the types of personally
    identifiable information collected by the Authority.
        (2) The categories of third-party persons or entities
    with whom the Authority may share personally identifiable
    information and for what purposes that information is
    shared.
        (3) The process by which the Authority notifies
    electronic toll collection system users of material
    changes to its privacy policy.
        (4) The process by which an electronic toll collection
    system user may review and request changes to any of his or
    her personally identifiable information.
        (5) The effective date of the privacy policy.
    (e) This Section does not prohibit the Authority from:
        (1) providing aggregated traveler information derived
    from collective data relating to a group or category of
    electronic toll collection system users from which
    personally identifiable information has been removed;
        (2) sharing data with another transportation agency or
    third-party vendor to comply with interoperability
    specifications and standards regarding electronic toll
    collection devices and technologies, provided that the
    other transportation agency or third-party vendor may not
    use personally identifiable information obtained under
    this Section for a purpose other than described in this
    Section;
        (3) performing financial, legal and accounting
    functions such as billing, account settlement, toll
    violation enforcement, or other activities required to
    operate and manage its toll collection system;
        (4) communicating about products and services offered
    by itself, a business partner, or another public agency;
        (5) using personally identifiable information in
    research projects, provided that appropriate
    confidentiality restrictions are employed to protect
    against the unauthorized release of such information;
        (6) releasing personally identifiable information in
    response to a warrant, subpoena or lawful order from a
    court of competent jurisdiction;
        (7) releasing personally identifiable information to
    law enforcement agencies in the case of an emergency when
    obtaining a warrant or subpoena would be impractical; and
        (8) releasing personally identifiable information to
    the Authority's Inspector General or, at the Inspector
    General's direction, to law enforcement agencies under
    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
    this Act.
    (f) In any agreement allowing another public entity to use
the Authority's toll collection system in a transportation
facility, the Authority shall require the other public entity
to comply with the requirements of this Section.
    (g) Personally identifiable information generated through
the Authority's toll collection process that reveals the date,
time, location or direction of travel by an electronic toll
collection system user shall be exempt from release under the
Illinois Freedom of Information Act. The exemption in this
subsection shall not apply to information that concerns (i)
the public duties of public employees and officials; (ii)
whether an electronic toll collection system user has paid
tolls; (iii) whether the Authority is enforcing toll violation
penalties against electronic toll collection users who do not
pay tolls; (iv) crashes accidents or other incidents that
occur on highways under the jurisdiction of the Authority; or
(v) the obligation, receipt, and use of the funds of the
Authority. The exemption in this subsection (g) shall not be a
limitation or restriction on other Freedom of Information Act
exemptions applicable to personally identifiable information
or private information.
(Source: P.A. 97-342, eff. 8-12-11.)
 
    Section 100. The Roadside Memorial Act is amended by
changing Section 23.1 as follows:
 
    (605 ILCS 125/23.1)
    Sec. 23.1. Fatal crash accident memorial marker program.
    (a) The fatal crash accident memorial marker program is
intended to raise public awareness of traffic fatalities
caused by reckless driving or other means by emphasizing the
dangers while affording families an opportunity to remember
the victims of traffic crashes.
    (b) As used in this Section, "fatal crash accident
memorial marker" means a marker on a highway in this State
commemorating one or more persons who died as a proximate
result of a crash caused by a driver who committed an act of
reckless homicide in violation of Section 9-3 or 9-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 or who
otherwise caused the death of one or more persons through the
operation of a motor vehicle.
    (c) For purposes of the fatal crash accident memorial
marker program in this Section, the provisions of Section 15
of this Act applicable to DUI memorial markers shall apply the
same to fatal crash accident memorial markers.
    (d) A fatal crash accident memorial marker shall consist
of a white on blue panel bearing the message "Reckless Driving
Costs Lives" if the victim or victims died as a proximate
result of a crash caused by a driver who committed an act of
reckless homicide in violation of Section 9-3 or 9-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
a fatal crash accident memorial marker shall consist of a
white on blue panel bearing the message "Drive With Care". At
the request of the qualified relative, a separate panel
bearing the words "In Memory of (victim's name)", followed by
the date of the crash that was the proximate cause of the loss
of the victim's life, shall be mounted below the primary
panel.
    (e) A fatal crash accident memorial marker may memorialize
more than one victim who died as a result of the same crash. If
one or more additional deaths subsequently occur in close
proximity to an existing fatal crash accident memorial marker,
the supporting jurisdiction may use the same marker to
memorialize the subsequent death or deaths, by adding the
names of the additional persons.
    (f) A fatal crash accident memorial marker shall be
maintained for at least 2 years from the date the last person
was memorialized on the marker.
    (g) The supporting jurisdiction has the right to install a
marker at a location other than the location of the crash or to
relocate a marker due to restricted room, property owner
complaints, interference with essential traffic control
devices, safety concerns, or other restrictions. In these
cases, the sponsoring jurisdiction may select an alternate
location.
    (h) The Department shall secure the consent of any
municipality before placing a fatal crash accident memorial
marker within the corporate limits of the municipality.
    (i) A fee in an amount to be determined by the supporting
jurisdiction shall be charged to the qualified relative. The
fee shall not exceed the costs associated with the
fabrication, installation, and maintenance of the fatal crash
accident memorial marker.
    (j) The provisions of this Section shall apply to any
fatal crash accident marker constructed on or after January 1,
2013.
(Source: P.A. 102-60, eff. 7-9-21.)
 
    Section 105. The Illinois Vehicle Code is amended by
changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001,
1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102,
5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4,
6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205,
6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514,
6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2,
7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216,
7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502,
7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401,
11-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411,
11-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501,
11-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8,
11-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2,
12-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105,
18b-108, 18c-6502, 18c-7402, and 20-202 and the headings of
Article II of Chapter 7 and Article IV of Chapter 11 and by
adding Section 20-205 as follows:
 
    (625 ILCS 5/1-146.5)
    Sec. 1-146.5. Motor vehicle crash accident data. Any
information generated from a motor vehicle crash accident
report or supplemental report, but shall not include a copy of
the motor vehicle crash accident report or supplemental
report, personally identifying information as defined in
Section 1-159.2 of this Code, or any other information
disclosure of which is prohibited by law.
(Source: P.A. 100-96, eff. 1-1-18.)
 
    (625 ILCS 5/1-159.2)
    Sec. 1-159.2. Personally identifying information.
Information that identifies an individual, including his or
her driver's license number, name, address (but not the 5
digit zip code), date of birth, height, weight, hair color,
eye color, email address, and telephone number, but
"personally identifying information" does not include
information on vehicular crashes accidents, driving
violations, and driver's status.
(Source: P.A. 101-326, eff. 8-9-19.)
 
    (625 ILCS 5/1-164.5)
    Sec. 1-164.5. Proof of financial responsibility. Proof of
ability to respond in damages for any liability thereafter
incurred resulting from the ownership, maintenance, use or
operation of a motor vehicle for bodily injury to or death of
any person in the amount of $25,000, and subject to this limit
for any one person injured or killed, in the amount of $50,000
for bodily injury to or death of 2 or more persons in any one
crash accident, and for damage to property in the amount of
$20,000 resulting from any one crash accident. This proof in
these amounts shall be furnished for each motor vehicle
registered by every person required to furnish this proof. The
changes to this Section made by this amendatory Act of the 98th
General Assembly apply only to policies issued or renewed on
or after January 1, 2015.
(Source: P.A. 98-519, eff. 1-1-15.)
 
    (625 ILCS 5/1-187.001)
    Sec. 1-187.001. Serious traffic violation.
    (a) A conviction when operating a motor vehicle for:
        (1) a violation of subsection (a) of Section 11-402,
    relating to a motor vehicle crash accident involving
    damage to a vehicle;
        (2) a violation of Section 11-403, relating to failure
    to stop and exchange information after a motor vehicle
    collision, property damage only;
        (3) a violation of subsection (a) of Section 11-502,
    relating to illegal transportation, possession, or
    carrying of alcoholic liquor within the passenger area of
    any vehicle;
        (4) a violation of Section 6-101 relating to operating
    a motor vehicle without a valid license or permit;
        (5) a violation of Section 11-403, relating to failure
    to stop and exchange information or give aid after a motor
    vehicle collision involving personal injury or death;
        (6) a violation relating to excessive speeding,
    involving a single speeding charge of 26 miles per hour or
    more above the legal speed limit;
        (7) a violation relating to reckless driving;
        (8) a violation of subsection (d) of Section 11-707,
    relating to passing in a no-passing zone;
        (9) a violation of subsection (b) of Section 11-1402,
    relating to limitations on backing upon a controlled
    access highway;
        (10) a violation of subsection (b) of Section 11-707,
    relating to driving on the left side of a roadway in a
    no-passing zone;
        (11) a violation of subsection (e) of Section 11-1002,
    relating to failure to yield the right-of-way to a
    pedestrian at an intersection;
        (12) a violation of Section 11-1008, relating to
    failure to yield to a pedestrian on a sidewalk; or
        (13) a violation of Section 11-1201, relating to
    failure to stop for an approaching railroad train or
    railroad track equipment or signals; or
    (b) Any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation.
    (c) A violation of any of these defined serious traffic
offenses shall not preclude the defendant from being eligible
to receive an order of court supervision under Section 5-6-1
of the Unified Code of Corrections.
(Source: P.A. 98-511, eff. 1-1-14.)
 
    (625 ILCS 5/1-197.6)
    Sec. 1-197.6. Statutory summary revocation of driving
privileges. The revocation by the Secretary of State of a
person's license or privilege to operate a motor vehicle on
the public highways for the period provided in Section
6-208.1. Reinstatement after the revocation period shall occur
after the person has been approved for reinstatement through
an administrative hearing with the Secretary of State, has
filed proof of financial responsibility, has paid the
reinstatement fee as provided in Section 6-118, and has
successfully completed all necessary examinations. The basis
for this revocation of driving privileges shall be the
individual's refusal to submit to or failure to complete a
chemical test or tests following an arrest for the offense of
driving under the influence of alcohol, other drugs, or
intoxicating compounds, or any combination thereof involving a
motor vehicle crash accident that caused personal injury or
death to another, as provided in Section 11-501.1 of this
Code.
(Source: P.A. 96-1344, eff. 7-1-11.)
 
    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
    Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation
pursuant to Section 11-501.1.
    (a) A statutory summary suspension or revocation of
driving privileges under Section 11-501.1 shall not become
effective until the person is notified in writing of the
impending suspension or revocation and informed that he may
request a hearing in the circuit court of venue under
paragraph (b) of this Section and the statutory summary
suspension or revocation shall become effective as provided in
Section 11-501.1.
    (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first
appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary
suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
    The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
    The scope of the hearing shall be limited to the issues of:
        1. Whether the person was placed under arrest for an
    offense as defined in Section 11-501, or a similar
    provision of a local ordinance, as evidenced by the
    issuance of a Uniform Traffic Ticket, or issued a Uniform
    Traffic Ticket out of state as provided in subsection (a)
    of Section 11-501.1; and
        2. Whether the officer had reasonable grounds to
    believe that the person was driving or in actual physical
    control of a motor vehicle upon a highway while under the
    influence of alcohol, other drug, or combination of both;
    and
        3. Whether the person, after being advised by the
    officer that the privilege to operate a motor vehicle
    would be suspended or revoked if the person refused to
    submit to and complete the test or tests, did refuse to
    submit to or complete the test or tests to determine the
    person's blood alcohol or drug concentration; or
        4. Whether the person, after being advised by the
    officer that the privilege to operate a motor vehicle
    would be suspended if the person submits to a chemical
    test, or tests, and the test discloses an alcohol
    concentration of 0.08 or more, a tetrahydrocannabinol
    concentration as defined in paragraph 6 of subsection (a)
    of Section 11-501.2 of this Code, or any amount of a drug,
    substance, or compound in the person's blood, other bodily
    substance, or urine resulting from the unlawful use or
    consumption of a controlled substance listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, and the person did
    submit to and complete the test or tests that determined
    an alcohol concentration of 0.08 or more.
        4.2. (Blank).
        4.5. (Blank).
        5. If the person's driving privileges were revoked,
    whether the person was involved in a motor vehicle crash
    accident that caused Type A injury or death to another.
    Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary
suspension or revocation and immediately notify the Secretary
of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only
by the courts, police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-697, eff. 7-29-16.)
 
    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
    Sec. 2-123. Sale and distribution of information.
    (a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State
and Federal Government requesting them for governmental
purposes. The Secretary shall require any such applicant for
services to pay for the costs of furnishing such services and
the use of the equipment involved, and in addition is
empowered to establish prices and charges for the services so
furnished and for the use of the electronic equipment
utilized.
    (b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by
administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information
to be purchased.
    (b-1) The Secretary is further empowered to and may, in
his or her discretion, furnish vehicle or driver data on a
computer tape, disk, or other electronic format or computer
processible medium, at no fee, to any State or local
governmental agency that uses the information provided by the
Secretary to transmit data back to the Secretary that enables
the Secretary to maintain accurate driving records, including
dispositions of traffic cases. This information may be
provided without fee not more often than once every 6 months.
    (c) Secretary of State may issue registration lists. The
Secretary of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the
purposes intended.
    (d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
    (e) (Blank).
    (e-1) (Blank).
    (f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The
report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted
personal information unless specifically authorized by this
Code.
    The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
    The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
    No information shall be released to the requester until
expiration of a 10-day period. This 10-day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other
entities as the Secretary may exempt by rule and regulation.
    Any misrepresentation made by a requester of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    (f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any
personally identifying information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless the information is disclosed
for one of the following purposes:
        (1) For use by any government agency, including any
    court or law enforcement agency, in carrying out its
    functions, or any private person or entity acting on
    behalf of a federal, State, or local agency in carrying
    out its functions.
        (2) For use in connection with matters of motor
    vehicle or driver safety and theft; motor vehicle
    emissions; motor vehicle product alterations, recalls, or
    advisories; performance monitoring of motor vehicles,
    motor vehicle parts, and dealers; and removal of non-owner
    records from the original owner records of motor vehicle
    manufacturers.
        (3) For use in the normal course of business by a
    legitimate business or its agents, employees, or
    contractors, but only:
            (A) to verify the accuracy of personal information
        submitted by an individual to the business or its
        agents, employees, or contractors; and
            (B) if such information as so submitted is not
        correct or is no longer correct, to obtain the correct
        information, but only for the purposes of preventing
        fraud by, pursuing legal remedies against, or
        recovering on a debt or security interest against, the
        individual.
        (4) For use in research activities and for use in
    producing statistical reports, if the personally
    identifying information is not published, redisclosed, or
    used to contact individuals.
        (5) For use in connection with any civil, criminal,
    administrative, or arbitral proceeding in any federal,
    State, or local court or agency or before any
    self-regulatory body, including the service of process,
    investigation in anticipation of litigation, and the
    execution or enforcement of judgments and orders, or
    pursuant to an order of a federal, State, or local court.
        (6) For use by any insurer or insurance support
    organization or by a self-insured entity or its agents,
    employees, or contractors in connection with claims
    investigation activities, antifraud activities, rating, or
    underwriting.
        (7) For use in providing notice to the owners of towed
    or impounded vehicles.
        (8) For use by any person licensed as a private
    detective or firm licensed as a private detective agency
    under the Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004,
    private investigative agency or security service licensed
    in Illinois for any purpose permitted under this
    subsection.
        (9) For use by an employer or its agent or insurer to
    obtain or verify information relating to a holder of a
    commercial driver's license that is required under chapter
    313 of title 49 of the United States Code.
        (10) For use in connection with the operation of
    private toll transportation facilities.
        (11) For use by any requester, if the requester
    demonstrates it has obtained the written consent of the
    individual to whom the information pertains.
        (12) For use by members of the news media, as defined
    in Section 1-148.5, for the purpose of newsgathering when
    the request relates to the operation of a motor vehicle or
    public safety.
        (13) For any other use specifically authorized by law,
    if that use is related to the operation of a motor vehicle
    or public safety.
    (f-6) The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code.
    (g) 1. The Secretary of State may, upon receipt of a
written request and a fee as set forth in Section 6-118,
furnish to the person or agency so requesting a driver's
record or data contained therein. Such document may include a
record of: current driver's license issuance information,
except that the information on judicial driving permits shall
be available only as otherwise provided by this Code;
convictions; orders entered revoking, suspending or cancelling
a driver's license or privilege; and notations of crash
accident involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential. Information
released pursuant to a request for a driver's record shall not
contain personally identifying information, unless the request
for the driver's record was made for one of the purposes set
forth in subsection (f-5) of this Section. The Secretary of
State may, without fee, allow a parent or guardian of a person
under the age of 18 years, who holds an instruction permit or
graduated driver's license, to view that person's driving
record online, through a computer connection. The parent or
guardian's online access to the driving record will terminate
when the instruction permit or graduated driver's license
holder reaches the age of 18.
    2. The Secretary of State shall not disclose or otherwise
make available to any person or entity any highly restricted
personal information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code. The Secretary of State may certify an abstract of a
driver's record upon written request therefor. Such
certification shall be made under the signature of the
Secretary of State and shall be authenticated by the Seal of
his office.
    3. All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
    The Secretary of State may notify the affected driver of
the request for purchase of his driver's record as the
Secretary deems appropriate.
    No information shall be released to the requester until
expiration of a 10-day period. This 10-day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the affected driver or other entities as the
Secretary may exempt by rule and regulation.
    Any misrepresentation made by a requester of driver
information shall be punishable as a petty offense, except in
the case of persons licensed as a private detective or firms
licensed as a private detective agency which shall be subject
to disciplinary sanctions under Section 40-10 of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
    4. The Secretary of State may furnish without fee, upon
the written request of a law enforcement agency, any
information from a driver's record on file with the Secretary
of State when such information is required in the enforcement
of this Code or any other law relating to the operation of
motor vehicles, including records of dispositions; documented
information involving the use of a motor vehicle; whether such
individual has, or previously had, a driver's license; and the
address and personal description as reflected on said driver's
record.
    5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information from
an individual driver's record on file, if a written request
therefor is submitted by any public transit system or
authority, public defender, law enforcement agency, a state or
federal agency, or an Illinois local intergovernmental
association, if the request is for the purpose of a background
check of applicants for employment with the requesting agency,
or for the purpose of an official investigation conducted by
the agency, or to determine a current address for the driver so
public funds can be recovered or paid to the driver, or for any
other purpose set forth in subsection (f-5) of this Section.
    The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to an
arrest for a violation of Section 11-501 or a similar
provision of a local ordinance. Such abstract may include
records of dispositions; documented information involving the
use of a motor vehicle as contained in the current file;
whether such individual has, or previously had, a driver's
license; and the address and personal description as reflected
on said driver's record.
    6. Any certified abstract issued by the Secretary of State
or transmitted electronically by the Secretary of State
pursuant to this Section, to a court or on request of a law
enforcement agency, for the record of a named person as to the
status of the person's driver's license shall be prima facie
evidence of the facts therein stated and if the name appearing
in such abstract is the same as that of a person named in an
information or warrant, such abstract shall be prima facie
evidence that the person named in such information or warrant
is the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code and be
admitted as proof of any prior conviction or proof of records,
notices, or orders recorded on individual driving records
maintained by the Secretary of State.
    7. Subject to any restrictions contained in the Juvenile
Court Act of 1987, and upon receipt of a proper request and a
fee as set forth in Section 6-118, the Secretary of State shall
provide a driver's record or data contained therein to the
affected driver, or the affected driver's attorney, upon
verification. Such record shall contain all the information
referred to in paragraph 1 of this subsection (g) plus: any
recorded crash accident involvement as a driver; information
recorded pursuant to subsection (e) of Section 6-117 and
paragraph (4) of subsection (a) of Section 6-204 of this Code.
All other information, unless otherwise permitted by this
Code, shall remain confidential.
    (h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social
Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who
have a need to know the social security numbers in performance
of their official duties, (2) to law enforcement officials for
a civil or criminal law enforcement investigation, and if an
officer of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, though the Secretary retains the right to require
additional verification regarding the validity of the request,
(3) to the United States Department of Transportation, or any
other State, pursuant to the administration and enforcement of
the Commercial Motor Vehicle Safety Act of 1986 or
participation in State-to-State verification service, (4)
pursuant to the order of a court of competent jurisdiction,
(5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance
with the federal Privacy Act, (5.5) to the Department of
Healthcare and Family Services and the Department of Human
Services solely for the purpose of verifying Illinois
residency where such residency is an eligibility requirement
for benefits under the Illinois Public Aid Code or any other
health benefit program administered by the Department of
Healthcare and Family Services or the Department of Human
Services, (6) to the Illinois Department of Revenue solely for
use by the Department in the collection of any tax or debt that
the Department of Revenue is authorized or required by law to
collect, provided that the Department shall not disclose the
social security number to any person or entity outside of the
Department, (7) to the Illinois Department of Veterans'
Affairs for the purpose of confirming veteran status, or (8)
the last 4 digits to the Illinois State Board of Elections for
purposes of voter registration and as may be required pursuant
to an agreement for a multi-state voter registration list
maintenance system. If social security information is
disclosed by the Secretary in accordance with this Section, no
liability shall rest with the Office of the Secretary of State
or any of its officers or employees, as the information is
released for official purposes only.
    (i) (Blank).
    (j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. Except as
provided in this Section, no confidential information may be
open to public inspection or the contents disclosed to anyone,
except officers and employees of the Secretary who have a need
to know the information contained in the medical reports and
the Driver License Medical Advisory Board, unless so directed
by an order of a court of competent jurisdiction. If the
Secretary receives a medical report regarding a driver that
does not address a medical condition contained in a previous
medical report, the Secretary may disclose the unaddressed
medical condition to the driver or his or her physician, or
both, solely for the purpose of submission of a medical report
that addresses the condition.
    (k) Disbursement of fees collected under this Section
shall be as follows: (1) of the $12 fee for a driver's record,
$3 shall be paid into the Secretary of State Special Services
Fund, and $6 shall be paid into the General Revenue Fund; (2)
50% of the amounts collected under subsection (b) shall be
paid into the General Revenue Fund; and (3) all remaining fees
shall be disbursed under subsection (g) of Section 2-119 of
this Code.
    (l) (Blank).
    (m) Notations of crash accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of crash accident
involvement to any law enforcement agency or official.
    (n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate
information regarding the health, safety, and welfare or the
legal rights of the general public and is not for the principal
purpose of gaining a personal or commercial benefit. The
information provided pursuant to this subsection shall not
contain personally identifying information unless the
information is to be used for one of the purposes identified in
subsection (f-5) of this Section.
    (o) The redisclosure of personally identifying information
obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
    (p) The Secretary of State is empowered to adopt rules to
effectuate this Section.
(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
101-326, eff. 8-9-19.)
 
    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
    Sec. 4-203. Removal of motor vehicles or other vehicles;
towing or hauling away.
    (a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
    (b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
    (c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
    (d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard
because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property
adjacent to the highway by a towing service may be authorized
by a law enforcement agency having jurisdiction.
    (e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the
end of the impoundment period if:
        (1) the vehicle was not owned by the person under
    arrest, and the lawful owner requesting such release
    possesses a valid operator's license, proof of ownership,
    and would not, as determined by the arresting law
    enforcement agency, indicate a lack of ability to operate
    a motor vehicle in a safe manner, or who would otherwise,
    by operating such motor vehicle, be in violation of this
    Code; or
        (2) the vehicle is owned by the person under arrest,
    and the person under arrest gives permission to another
    person to operate such vehicle, provided however, that the
    other person possesses a valid operator's license and
    would not, as determined by the arresting law enforcement
    agency, indicate a lack of ability to operate a motor
    vehicle in a safe manner or who would otherwise, by
    operating such motor vehicle, be in violation of this
    Code.
    (e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
        (1) 24 hours for a second violation of Section 11-501
    of this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses; or
        (2) 48 hours for a third violation of Section 11-501
    of this Code or a similar provision of a local ordinance or
    Section 6-303 of this Code or a combination of these
    offenses.
    The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be
in violation of this Code.
    (f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of
removal, transportation or storage or damage caused by such
removal, transportation or storage. The towing or removal of
any vehicle from private property without the consent of the
registered owner or other legally authorized person in control
of the vehicle is subject to compliance with the following
conditions and restrictions:
        1. Any towed or removed vehicle must be stored at the
    site of the towing service's place of business. The site
    must be open during business hours, and for the purpose of
    redemption of vehicles, during the time that the person or
    firm towing such vehicle is open for towing purposes.
        2. The towing service shall within 30 minutes of
    completion of such towing or removal, notify the law
    enforcement agency having jurisdiction of such towing or
    removal, and the make, model, color and license plate
    number of the vehicle, and shall obtain and record the
    name of the person at the law enforcement agency to whom
    such information was reported.
        3. If the registered owner or legally authorized
    person entitled to possession of the vehicle shall arrive
    at the scene prior to actual removal or towing of the
    vehicle, the vehicle shall be disconnected from the tow
    truck and that person shall be allowed to remove the
    vehicle without interference, upon the payment of a
    reasonable service fee of not more than one half the
    posted rate of the towing service as provided in paragraph
    6 of this subsection, for which a receipt shall be given.
        4. The rebate or payment of money or any other
    valuable consideration from the towing service or its
    owners, managers or employees to the owners or operators
    of the premises from which the vehicles are towed or
    removed, for the privilege of removing or towing those
    vehicles, is prohibited. Any individual who violates this
    paragraph shall be guilty of a Class A misdemeanor.
        5. Except for property appurtenant to and obviously a
    part of a single family residence, and except for
    instances where notice is personally given to the owner or
    other legally authorized person in control of the vehicle
    that the area in which that vehicle is parked is reserved
    or otherwise unavailable to unauthorized vehicles and they
    are subject to being removed at the owner or operator's
    expense, any property owner or lessor, prior to towing or
    removing any vehicle from private property without the
    consent of the owner or other legally authorized person in
    control of that vehicle, must post a notice meeting the
    following requirements:
            a. Except as otherwise provided in subparagraph
        a.1 of this subdivision (f)5, the notice must be
        prominently placed at each driveway access or curb cut
        allowing vehicular access to the property within 5
        feet from the public right-of-way line. If there are
        no curbs or access barriers, the sign must be posted
        not less than one sign each 100 feet of lot frontage.
            a.1. In a municipality with a population of less
        than 250,000, as an alternative to the requirement of
        subparagraph a of this subdivision (f)5, the notice
        for a parking lot contained within property used
        solely for a 2-family, 3-family, or 4-family residence
        may be prominently placed at the perimeter of the
        parking lot, in a position where the notice is visible
        to the occupants of vehicles entering the lot.
            b. The notice must indicate clearly, in not less
        than 2 inch high light-reflective letters on a
        contrasting background, that unauthorized vehicles
        will be towed away at the owner's expense.
            c. The notice must also provide the name and
        current telephone number of the towing service towing
        or removing the vehicle.
            d. The sign structure containing the required
        notices must be permanently installed with the bottom
        of the sign not less than 4 feet above ground level,
        and must be continuously maintained on the property
        for not less than 24 hours prior to the towing or
        removing of any vehicle.
        6. Any towing service that tows or removes vehicles
    and proposes to require the owner, operator, or person in
    control of the vehicle to pay the costs of towing and
    storage prior to redemption of the vehicle must file and
    keep on record with the local law enforcement agency a
    complete copy of the current rates to be charged for such
    services, and post at the storage site an identical rate
    schedule and any written contracts with property owners,
    lessors, or persons in control of property which authorize
    them to remove vehicles as provided in this Section. The
    towing and storage charges, however, shall not exceed the
    maximum allowed by the Illinois Commerce Commission under
    Section 18a-200.
        7. No person shall engage in the removal of vehicles
    from private property as described in this Section without
    filing a notice of intent in each community where he
    intends to do such removal, and such notice shall be filed
    at least 7 days before commencing such towing.
        8. No removal of a vehicle from private property shall
    be done except upon express written instructions of the
    owners or persons in charge of the private property upon
    which the vehicle is said to be trespassing.
        9. Vehicle entry for the purpose of removal shall be
    allowed with reasonable care on the part of the person or
    firm towing the vehicle. Such person or firm shall be
    liable for any damages occasioned to the vehicle if such
    entry is not in accordance with the standards of
    reasonable care.
        9.5. Except as authorized by a law enforcement
    officer, no towing service shall engage in the removal of
    a commercial motor vehicle that requires a commercial
    driver's license to operate by operating the vehicle under
    its own power on a highway.
        10. When a vehicle has been towed or removed pursuant
    to this Section, it must be released to its owner,
    custodian, agent, or lienholder within one half hour after
    requested, if such request is made during business hours.
    Any vehicle owner, custodian, agent, or lienholder shall
    have the right to inspect the vehicle before accepting its
    return, and no release or waiver of any kind which would
    release the towing service from liability for damages
    incurred during the towing and storage may be required
    from any vehicle owner or other legally authorized person
    as a condition of release of the vehicle. A detailed,
    signed receipt showing the legal name of the towing
    service must be given to the person paying towing or
    storage charges at the time of payment, whether requested
    or not.
        This Section shall not apply to law enforcement,
    firefighting, rescue, ambulance, or other emergency
    vehicles which are marked as such or to property owned by
    any governmental entity.
        When an authorized person improperly causes a motor
    vehicle to be removed, such person shall be liable to the
    owner or lessee of the vehicle for the cost or removal,
    transportation and storage, any damages resulting from the
    removal, transportation and storage, attorney's fee and
    court costs.
        Any towing or storage charges accrued shall be payable
    in cash or by cashier's check, certified check, debit
    card, credit card, or wire transfer, at the option of the
    party taking possession of the vehicle.
        11. Towing companies shall also provide insurance
    coverage for areas where vehicles towed under the
    provisions of this Chapter will be impounded or otherwise
    stored, and shall adequately cover loss by fire, theft or
    other risks.
    Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
    (g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate
jurisdiction.
    (2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
    (3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code. Every such lien shall be payable in
cash or by cashier's check, certified check, debit card,
credit card, or wire transfer, at the option of the party
taking possession of the vehicle.
    (4) Any personal property belonging to the vehicle owner
in a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any
operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing
any operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
    (5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in a crash
an accident. In addition to the personal property excepted
under paragraph (4), all other personal property in a vehicle
subject to a lien under this subsection (g) is exempt from that
lien and may be claimed by the vehicle owner if the vehicle
owner provides the commercial vehicle relocator or towing
service with proof that the vehicle owner has an insurance
policy covering towing and storage fees. The spouse, child,
mother, father, brother, or sister of the vehicle owner may
claim personal property in a vehicle subject to a lien under
this subsection (g) if the person claiming the personal
property provides the commercial vehicle relocator or towing
service with the authorization of the vehicle owner and proof
that the vehicle owner has an insurance policy covering towing
and storage fees. The regulation of liens on personal property
and exceptions to those liens in the case of vehicles towed as
a result of being involved in a crash an accident are exclusive
powers and functions of the State. A home rule unit may not
regulate liens on personal property and exceptions to those
liens in the case of vehicles towed as a result of being
involved in a crash an accident. This paragraph (5) is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
    (6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Code.
    (h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
        (1) If the vehicle is a stolen vehicle; or
        (2) If the person ticketed for a violation of
    subsection (a) of Section 11-506 of this Code was not
    authorized by the registered owner of the vehicle to
    operate the vehicle at the time of the violation; or
        (3) If the registered owner of the vehicle was neither
    the driver nor a passenger in the vehicle at the time of
    the violation or was unaware that the driver was using the
    vehicle to engage in street racing; or
        (4) If the legal owner or registered owner of the
    vehicle is a rental car agency; or
        (5) If, prior to the expiration of the impoundment
    period specified above, the citation is dismissed or the
    defendant is found not guilty of the offense.
    (i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
    Sec. 5-101. New vehicle dealers must be licensed.
    (a) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise, new
vehicles of any make, or act as an intermediary or agent or
broker for any licensed dealer or vehicle purchaser other than
as a salesperson, or represent or advertise that he is so
engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under
the provisions of this Section.
    (b) An application for a new vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, on such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
        1. The name and type of business organization of the
    applicant and his established and additional places of
    business, if any, in this State.
        2. If the applicant is a corporation, a list of its
    officers, directors, and shareholders having a ten percent
    or greater ownership interest in the corporation, setting
    forth the residence address of each; if the applicant is a
    sole proprietorship, a partnership, an unincorporated
    association, a trust, or any similar form of business
    organization, the name and residence address of the
    proprietor or of each partner, member, officer, director,
    trustee, or manager.
        3. The make or makes of new vehicles which the
    applicant will offer for sale at retail in this State.
        4. The name of each manufacturer or franchised
    distributor, if any, of new vehicles with whom the
    applicant has contracted for the sale of such new
    vehicles. As evidence of this fact, the application shall
    be accompanied by a signed statement from each such
    manufacturer or franchised distributor. If the applicant
    is in the business of offering for sale new conversion
    vehicles, trucks or vans, except for trucks modified to
    serve a special purpose which includes but is not limited
    to the following vehicles: street sweepers, fertilizer
    spreaders, emergency vehicles, implements of husbandry or
    maintenance type vehicles, he must furnish evidence of a
    sales and service agreement from both the chassis
    manufacturer and second stage manufacturer.
        5. A statement that the applicant has been approved
    for registration under the Retailers' Occupation Tax Act
    by the Department of Revenue: Provided that this
    requirement does not apply to a dealer who is already
    licensed hereunder with the Secretary of State, and who is
    merely applying for a renewal of his license. As evidence
    of this fact, the application shall be accompanied by a
    certification from the Department of Revenue showing that
    that Department has approved the applicant for
    registration under the Retailers' Occupation Tax Act.
        6. A statement that the applicant has complied with
    the appropriate liability insurance requirement. A
    Certificate of Insurance in a solvent company authorized
    to do business in the State of Illinois shall be included
    with each application covering each location at which he
    proposes to act as a new vehicle dealer. The policy must
    provide liability coverage in the minimum amounts of
    $100,000 for bodily injury to, or death of, any person,
    $300,000 for bodily injury to, or death of, two or more
    persons in any one crash accident, and $50,000 for damage
    to property. Such policy shall expire not sooner than
    December 31 of the year for which the license was issued or
    renewed. The expiration of the insurance policy shall not
    terminate the liability under the policy arising during
    the period for which the policy was filed. Trailer and
    mobile home dealers are exempt from this requirement.
        If the permitted user has a liability insurance policy
    that provides automobile liability insurance coverage of
    at least $100,000 for bodily injury to or the death of any
    person, $300,000 for bodily injury to or the death of any 2
    or more persons in any one crash accident, and $50,000 for
    damage to property, then the permitted user's insurer
    shall be the primary insurer and the dealer's insurer
    shall be the secondary insurer. If the permitted user does
    not have a liability insurance policy that provides
    automobile liability insurance coverage of at least
    $100,000 for bodily injury to or the death of any person,
    $300,000 for bodily injury to or the death of any 2 or more
    persons in any one crash accident, and $50,000 for damage
    to property, or does not have any insurance at all, then
    the dealer's insurer shall be the primary insurer and the
    permitted user's insurer shall be the secondary insurer.
        When a permitted user is "test driving" a new vehicle
    dealer's automobile, the new vehicle dealer's insurance
    shall be primary and the permitted user's insurance shall
    be secondary.
        As used in this paragraph 6, a "permitted user" is a
    person who, with the permission of the new vehicle dealer
    or an employee of the new vehicle dealer, drives a vehicle
    owned and held for sale or lease by the new vehicle dealer
    which the person is considering to purchase or lease, in
    order to evaluate the performance, reliability, or
    condition of the vehicle. The term "permitted user" also
    includes a person who, with the permission of the new
    vehicle dealer, drives a vehicle owned or held for sale or
    lease by the new vehicle dealer for loaner purposes while
    the user's vehicle is being repaired or evaluated.
        As used in this paragraph 6, "test driving" occurs
    when a permitted user who, with the permission of the new
    vehicle dealer or an employee of the new vehicle dealer,
    drives a vehicle owned and held for sale or lease by a new
    vehicle dealer that the person is considering to purchase
    or lease, in order to evaluate the performance,
    reliability, or condition of the vehicle.
        As used in this paragraph 6, "loaner purposes" means
    when a person who, with the permission of the new vehicle
    dealer, drives a vehicle owned or held for sale or lease by
    the new vehicle dealer while the user's vehicle is being
    repaired or evaluated.
        7. (A) An application for a new motor vehicle dealer's
    license shall be accompanied by the following license
    fees:
            (i) $1,000 for applicant's established place of
        business, and $100 for each additional place of
        business, if any, to which the application pertains;
        but if the application is made after June 15 of any
        year, the license fee shall be $500 for applicant's
        established place of business plus $50 for each
        additional place of business, if any, to which the
        application pertains. License fees shall be returnable
        only in the event that the application is denied by the
        Secretary of State. All moneys received by the
        Secretary of State as license fees under this
        subparagraph (i) prior to applications for the 2004
        licensing year shall be deposited into the Motor
        Vehicle Review Board Fund and shall be used to
        administer the Motor Vehicle Review Board under the
        Motor Vehicle Franchise Act. Of the money received by
        the Secretary of State as license fees under this
        subparagraph (i) for the 2004 licensing year and
        thereafter, 10% shall be deposited into the Motor
        Vehicle Review Board Fund and shall be used to
        administer the Motor Vehicle Review Board under the
        Motor Vehicle Franchise Act and 90% shall be deposited
        into the General Revenue Fund.
            (ii) Except for dealers selling 25 or fewer
        automobiles or as provided in subsection (h) of
        Section 5-102.7 of this Code, an Annual Dealer
        Recovery Fund Fee in the amount of $500 for the
        applicant's established place of business, and $50 for
        each additional place of business, if any, to which
        the application pertains; but if the application is
        made after June 15 of any year, the fee shall be $250
        for the applicant's established place of business plus
        $25 for each additional place of business, if any, to
        which the application pertains. For a license renewal
        application, the fee shall be based on the amount of
        automobiles sold in the past year according to the
        following formula:
                (1) $0 for dealers selling 25 or less
            automobiles;
                (2) $150 for dealers selling more than 25 but
            less than 200 automobiles;
                (3) $300 for dealers selling 200 or more
            automobiles but less than 300 automobiles; and
                (4) $500 for dealers selling 300 or more
            automobiles.
            License fees shall be returnable only in the event
        that the application is denied by the Secretary of
        State. Moneys received under this subparagraph (ii)
        shall be deposited into the Dealer Recovery Trust
        Fund.
        (B) An application for a new vehicle dealer's license,
    other than for a new motor vehicle dealer's license, shall
    be accompanied by the following license fees:
            (i) $1,000 for applicant's established place of
        business, and $50 for each additional place of
        business, if any, to which the application pertains;
        but if the application is made after June 15 of any
        year, the license fee shall be $500 for applicant's
        established place of business plus $25 for each
        additional place of business, if any, to which the
        application pertains. License fees shall be returnable
        only in the event that the application is denied by the
        Secretary of State. Of the money received by the
        Secretary of State as license fees under this
        subparagraph (i) for the 2004 licensing year and
        thereafter, 95% shall be deposited into the General
        Revenue Fund.
            (ii) Except as provided in subsection (h) of
        Section 5-102.7 of this Code, an Annual Dealer
        Recovery Fund Fee in the amount of $500 for the
        applicant's established place of business, and $50 for
        each additional place of business, if any, to which
        the application pertains; but if the application is
        made after June 15 of any year, the fee shall be $250
        for the applicant's established place of business plus
        $25 for each additional place of business, if any, to
        which the application pertains. License fees shall be
        returnable only in the event that the application is
        denied by the Secretary of State. Moneys received
        under this subparagraph (ii) shall be deposited into
        the Dealer Recovery Trust Fund.
        8. A statement that the applicant's officers,
    directors, shareholders having a 10% or greater ownership
    interest therein, proprietor, a partner, member, officer,
    director, trustee, manager or other principals in the
    business have not committed in the past 3 years any one
    violation as determined in any civil, criminal or
    administrative proceedings of any one of the following
    Acts:
            (A) The Anti-Theft Laws of the Illinois Vehicle
        Code;
            (B) The Certificate of Title Laws of the Illinois
        Vehicle Code;
            (C) The Offenses against Registration and
        Certificates of Title Laws of the Illinois Vehicle
        Code;
            (D) The Dealers, Transporters, Wreckers and
        Rebuilders Laws of the Illinois Vehicle Code;
            (E) Section 21-2 of the Criminal Code of 1961 or
        the Criminal Code of 2012, Criminal Trespass to
        Vehicles; or
            (F) The Retailers' Occupation Tax Act.
        9. A statement that the applicant's officers,
    directors, shareholders having a 10% or greater ownership
    interest therein, proprietor, partner, member, officer,
    director, trustee, manager or other principals in the
    business have not committed in any calendar year 3 or more
    violations, as determined in any civil, criminal or
    administrative proceedings, of any one or more of the
    following Acts:
            (A) The Consumer Finance Act;
            (B) The Consumer Installment Loan Act;
            (C) The Retail Installment Sales Act;
            (D) The Motor Vehicle Retail Installment Sales
        Act;
            (E) The Interest Act;
            (F) The Illinois Wage Assignment Act;
            (G) Part 8 of Article XII of the Code of Civil
        Procedure; or
            (H) The Consumer Fraud Act.
        9.5. A statement that, within 10 years of application,
    each officer, director, shareholder having a 10% or
    greater ownership interest therein, proprietor, partner,
    member, officer, director, trustee, manager, or other
    principal in the business of the applicant has not
    committed, as determined in any civil, criminal, or
    administrative proceeding, in any calendar year one or
    more forcible felonies under the Criminal Code of 1961 or
    the Criminal Code of 2012, or a violation of either or both
    Article 16 or 17 of the Criminal Code of 1961 or a
    violation of either or both Article 16 or 17 of the
    Criminal Code of 2012, Article 29B of the Criminal Code of
    1961 or the Criminal Code of 2012, or a similar
    out-of-state offense. For the purposes of this paragraph,
    "forcible felony" has the meaning provided in Section 2-8
    of the Criminal Code of 2012.
        10. A bond or certificate of deposit in the amount of
    $50,000 for each location at which the applicant intends
    to act as a new vehicle dealer. The bond shall be for the
    term of the license, or its renewal, for which application
    is made, and shall expire not sooner than December 31 of
    the year for which the license was issued or renewed. The
    bond shall run to the People of the State of Illinois, with
    surety by a bonding or insurance company authorized to do
    business in this State. It shall be conditioned upon the
    proper transmittal of all title and registration fees and
    taxes (excluding taxes under the Retailers' Occupation Tax
    Act) accepted by the applicant as a new vehicle dealer.
        11. Such other information concerning the business of
    the applicant as the Secretary of State may by rule or
    regulation prescribe.
        12. A statement that the applicant understands Chapter
    1 through Chapter 5 of this Code.
        13. The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (c) Any change which renders no longer accurate any
information contained in any application for a new vehicle
dealer's license shall be amended within 30 days after the
occurrence of such change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
    (d) Anything in this Chapter 5 to the contrary
notwithstanding no person shall be licensed as a new vehicle
dealer unless:
        1. He is authorized by contract in writing between
    himself and the manufacturer or franchised distributor of
    such make of vehicle to so sell the same in this State, and
        2. Such person shall maintain an established place of
    business as defined in this Act.
    (e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a
denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's
license in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
        1. The name of the person licensed;
        2. If a corporation, the name and address of its
    officers or if a sole proprietorship, a partnership, an
    unincorporated association or any similar form of business
    organization, the name and address of the proprietor or of
    each partner, member, officer, director, trustee or
    manager;
        3. In the case of an original license, the established
    place of business of the licensee;
        4. In the case of a supplemental license, the
    established place of business of the licensee and the
    additional place of business to which such supplemental
    license pertains;
        5. The make or makes of new vehicles which the
    licensee is licensed to sell;
        6. The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State,
shall be kept posted conspicuously in the established place of
business of the licensee and in each additional place of
business, if any, maintained by such licensee.
    (g) Except as provided in subsection (h) hereof, all new
vehicle dealer's licenses granted under this Section shall
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under the provisions of Section 5-501 of this Chapter.
    (h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage under an approved bond under
the Retailers' Occupation Tax Act or proof that applicant is
not subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application is granted or denied by the Secretary of State.
    (i) All persons licensed as a new vehicle dealer are
required to furnish each purchaser of a motor vehicle:
        1. In the case of a new vehicle a manufacturer's
    statement of origin and in the case of a used motor vehicle
    a certificate of title, in either case properly assigned
    to the purchaser;
        2. A statement verified under oath that all
    identifying numbers on the vehicle agree with those on the
    certificate of title or manufacturer's statement of
    origin;
        3. A bill of sale properly executed on behalf of such
    person;
        4. A copy of the Uniform Invoice-transaction reporting
    return referred to in Section 5-402 hereof;
        5. In the case of a rebuilt vehicle, a copy of the
    Disclosure of Rebuilt Vehicle Status; and
        6. In the case of a vehicle for which the warranty has
    been reinstated, a copy of the warranty.
    (j) Except at the time of sale or repossession of the
vehicle, no person licensed as a new vehicle dealer may issue
any other person a newly created key to a vehicle unless the
new vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The new
vehicle dealer must retain the photocopy or scan for 30 days.
    A new vehicle dealer who violates this subsection (j) is
guilty of a petty offense. Violation of this subsection (j) is
not cause to suspend, revoke, cancel, or deny renewal of the
new vehicle dealer's license.
    This amendatory Act of 1983 shall be applicable to the
1984 registration year and thereafter.
    (k) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
    (625 ILCS 5/5-101.1)
    Sec. 5-101.1. Motor vehicle financing affiliates;
licensing.
    (a) In this State no business shall engage in the business
of a motor vehicle financing affiliate without a license to do
so in writing from the Secretary of State.
    (b) An application for a motor vehicle financing
affiliate's license must be filed with the Secretary of State,
duly verified by oath, on a form prescribed by the Secretary of
State and shall contain all of the following:
        (1) The name and type of business organization of the
    applicant and the applicant's established place of
    business and any additional places of business in this
    State.
        (2) The name and address of the licensed new or used
    vehicle dealer to which the applicant will be selling,
    transferring, or assigning new or used motor vehicles
    pursuant to a written contract. If more than one dealer is
    on the application, the applicant shall state in writing
    the basis of common ownership among the dealers.
        (3) A list of the business organization's officers,
    directors, members, and shareholders having a 10% or
    greater ownership interest in the business, providing the
    residential address for each person listed.
        (4) If selling, transferring, or assigning new motor
    vehicles, the make or makes of new vehicles that it will
    sell, assign, or otherwise transfer to the contracting new
    motor vehicle dealer listed on the application pursuant to
    paragraph (2).
        (5) The name of each manufacturer or franchised
    distributor, if any, of new vehicles with whom the
    applicant has contracted for the sale of new vehicles and
    a signed statement from each manufacturer or franchised
    distributor acknowledging the contract.
        (6) A statement that the applicant has been approved
    for registration under the Retailers' Occupation Tax Act
    by the Department of Revenue. This requirement does not
    apply to a motor vehicle financing affiliate that is
    already licensed with the Secretary of State and is
    applying for a renewal of its license.
        (7) A statement that the applicant has complied with
    the appropriate liability insurance requirement and a
    Certificate of Insurance that shall not expire before
    December 31 of the year for which the license was issued or
    renewed with a minimum liability coverage of $100,000 for
    the bodily injury or death of any person, $300,000 for the
    bodily injury or death of 2 or more persons in any one
    crash accident, and $50,000 for damage to property. The
    expiration of the insurance policy shall not terminate the
    liability under the policy arising during the period for
    which the policy was filed. Trailer and mobile home
    dealers are exempt from the requirements of this
    paragraph. A motor vehicle financing affiliate is exempt
    from the requirements of this paragraph if it is covered
    by the insurance policy of the new or used dealer listed on
    the application pursuant to paragraph (2).
        (8) A license fee of $1,000 for the applicant's
    established place of business and $250 for each additional
    place of business, if any, to which the application
    pertains. However, if the application is made after June
    15 of any year, the license fee shall be $500 for the
    applicant's established place of business and $125 for
    each additional place of business, if any, to which the
    application pertains. These license fees shall be
    returnable only in the event that the application is
    denied by the Secretary of State.
        (9) A statement incorporating the requirements of
    paragraphs 8 and 9 of subsection (b) of Section 5-101.
        (10) Any other information concerning the business of
    the applicant as the Secretary of State may prescribe.
        (11) A statement that the applicant understands
    Chapter 1 through Chapter 5 of this Code.
        (12) The full name, address, and contact information
    of each of the dealer's agents or legal representatives
    who is an Illinois resident and liable for the performance
    of the dealership.
    (c) Any change which renders no longer accurate any
information contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a form prescribed by the
Secretary of State, accompanied by an amendatory fee of $2.
    (d) If a new vehicle dealer is not listed on the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or transfer any new vehicle. If a new motor vehicle dealer is
listed on the application, pursuant to paragraph (2) of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement. If both a new and used motor vehicle dealer are
listed on the application, pursuant to paragraph (2) of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles. If a used motor vehicle is listed on the
application, pursuant to paragraph (2) of subsection (b), the
used motor vehicle dealer shall not receive any new motor
vehicles.
    (e) The applicant and dealer provided pursuant to
paragraph (2) of subsection (b) must be business organizations
registered to conduct business in Illinois. Three-fourths of
the dealer's board of directors must be members of the motor
vehicle financing affiliate's board of directors, if
applicable.
    (f) Unless otherwise provided in this Chapter 5, no
business organization registered to do business in Illinois
shall be licensed as a motor vehicle financing affiliate
unless:
        (1) The motor vehicle financing affiliate shall only
    sell, transfer, or assign motor vehicles to the licensed
    new or used dealer listed on the application pursuant to
    paragraph (2) of subsection (b).
        (2) The motor vehicle financing affiliate sells,
    transfers, or assigns to the new motor vehicle dealer
    listed on the application, if any, only those new motor
    vehicles the motor vehicle financing affiliate has
    received under the contract set forth in paragraph (5) of
    subsection (b).
        (3) Any new vehicle dealer listed pursuant to
    paragraph (2) of subsection (b) has a franchise agreement
    that permits the dealer to receive motor vehicles from the
    motor vehicle franchise affiliate.
        (4) The new or used motor vehicle dealer listed on the
    application pursuant to paragraph (2) of subsection (b)
    has one established place of business or supplemental
    places of business as referenced in subsection (g).
    (g) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted pursuant to
this Section and, unless it is determined that the application
does not conform with the requirements of this Section or that
grounds exist for a denial of the application under Section
5-501, grant the applicant a motor vehicle financing affiliate
license in writing for the applicant's established place of
business and a supplemental license in writing for each
additional place of business in a form prescribed by the
Secretary, which shall include all of the following:
        (1) The name of the business licensed;
        (2) The name and address of its officers, directors,
    or members, as applicable;
        (3) In the case of an original license, the
    established place of business of the licensee;
        (4) If applicable, the make or makes of new vehicles
    which the licensee is licensed to sell to the new motor
    vehicle dealer listed on the application pursuant to
    paragraph (2) of subsection (b); and
        (5) The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (h) The appropriate instrument evidencing the license or a
certified copy, provided by the Secretary of State, shall be
kept posted conspicuously in the established place of business
of the licensee.
    (i) Except as provided in subsection (h), all motor
vehicle financing affiliate's licenses granted under this
Section shall expired by operation of law on December 31 of the
calendar year for which they are granted, unless revoked or
canceled at an earlier date pursuant to Section 5-501.
    (j) A motor vehicle financing affiliate's license may be
renewed upon application and payment of the required fee.
However, when an application for renewal of a motor vehicle
financing affiliate's license is made during the month of
December, the effective license shall remain in force until
the application is granted or denied by the Secretary of
State.
    (k) The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph (5) of subsection (b), shall only permit the
applicant to sell, transfer, or assign new motor vehicles to
the new motor vehicle dealer listed on the application
pursuant to paragraph (2) of subsection (b). The contract
shall specifically prohibit the motor vehicle financing
affiliate from selling motor vehicles at retail. This contract
shall not be considered the granting of a franchise as defined
in Section 2 of the Motor Vehicle Franchise Act.
    (l) When purchasing of a motor vehicle by a new or used
motor vehicle dealer, all persons licensed as a motor vehicle
financing affiliate are required to furnish all of the
following:
        (1) For a new vehicle, a manufacturer's statement of
    origin properly assigned to the purchasing dealer. For a
    used vehicle, a certificate of title properly assigned to
    the purchasing dealer.
        (2) A statement verified under oath that all
    identifying numbers on the vehicle agree with those on the
    certificate of title or manufacturer's statement of
    origin.
        (3) A bill of sale properly executed on behalf of the
    purchasing dealer.
        (4) A copy of the Uniform Invoice-transaction report
    pursuant to Section 5-402.
        (5) In the case of a rebuilt vehicle, a copy of the
    Disclosure of Rebuilt Vehicle Status pursuant to Section
    5-104.3.
        (6) In the case of a vehicle for which a warranty has
    been reinstated, a copy of the warranty.
    (m) The motor vehicle financing affiliate shall use the
established and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b) as its established and
supplemental place or places of business.
    (n) The motor vehicle financing affiliate shall keep all
books and records required by this Code with the books and
records of the new or used vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b). The
motor vehicle financing affiliate may use the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
    (o) Under no circumstances shall a motor vehicle financing
affiliate sell, transfer, or assign a new vehicle to any place
of business of a new motor vehicle dealer, unless that place of
business is licensed under this Chapter to sell, assign, or
otherwise transfer the make of the new motor vehicle
transferred.
    (p) All moneys received by the Secretary of State as
license fees under this Section shall be deposited into the
Motor Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
    (q) Except as otherwise provided in this Section, a motor
vehicle financing affiliate shall comply with all provisions
of this Code.
    (r) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 102-154, eff. 1-1-22.)
 
    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
    Sec. 5-102. Used vehicle dealers must be licensed.
    (a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this
Chapter), or act as an intermediary, agent or broker for any
licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he is so engaged
or intends to so engage in such business unless licensed to do
so by the Secretary of State under the provisions of this
Section.
    (b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
        1. The name and type of business organization
    established and additional places of business, if any, in
    this State.
        2. If the applicant is a corporation, a list of its
    officers, directors, and shareholders having a ten percent
    or greater ownership interest in the corporation, setting
    forth the residence address of each; if the applicant is a
    sole proprietorship, a partnership, an unincorporated
    association, a trust, or any similar form of business
    organization, the names and residence address of the
    proprietor or of each partner, member, officer, director,
    trustee, or manager.
        3. A statement that the applicant has been approved
    for registration under the Retailers' Occupation Tax Act
    by the Department of Revenue. However, this requirement
    does not apply to a dealer who is already licensed
    hereunder with the Secretary of State, and who is merely
    applying for a renewal of his license. As evidence of this
    fact, the application shall be accompanied by a
    certification from the Department of Revenue showing that
    the Department has approved the applicant for registration
    under the Retailers' Occupation Tax Act.
        4. A statement that the applicant has complied with
    the appropriate liability insurance requirement. A
    Certificate of Insurance in a solvent company authorized
    to do business in the State of Illinois shall be included
    with each application covering each location at which he
    proposes to act as a used vehicle dealer. The policy must
    provide liability coverage in the minimum amounts of
    $100,000 for bodily injury to, or death of, any person,
    $300,000 for bodily injury to, or death of, two or more
    persons in any one crash accident, and $50,000 for damage
    to property. Such policy shall expire not sooner than
    December 31 of the year for which the license was issued or
    renewed. The expiration of the insurance policy shall not
    terminate the liability under the policy arising during
    the period for which the policy was filed. Trailer and
    mobile home dealers are exempt from this requirement.
        If the permitted user has a liability insurance policy
    that provides automobile liability insurance coverage of
    at least $100,000 for bodily injury to or the death of any
    person, $300,000 for bodily injury to or the death of any 2
    or more persons in any one crash accident, and $50,000 for
    damage to property, then the permitted user's insurer
    shall be the primary insurer and the dealer's insurer
    shall be the secondary insurer. If the permitted user does
    not have a liability insurance policy that provides
    automobile liability insurance coverage of at least
    $100,000 for bodily injury to or the death of any person,
    $300,000 for bodily injury to or the death of any 2 or more
    persons in any one crash accident, and $50,000 for damage
    to property, or does not have any insurance at all, then
    the dealer's insurer shall be the primary insurer and the
    permitted user's insurer shall be the secondary insurer.
        When a permitted user is "test driving" a used vehicle
    dealer's automobile, the used vehicle dealer's insurance
    shall be primary and the permitted user's insurance shall
    be secondary.
        As used in this paragraph 4, a "permitted user" is a
    person who, with the permission of the used vehicle dealer
    or an employee of the used vehicle dealer, drives a
    vehicle owned and held for sale or lease by the used
    vehicle dealer which the person is considering to purchase
    or lease, in order to evaluate the performance,
    reliability, or condition of the vehicle. The term
    "permitted user" also includes a person who, with the
    permission of the used vehicle dealer, drives a vehicle
    owned or held for sale or lease by the used vehicle dealer
    for loaner purposes while the user's vehicle is being
    repaired or evaluated.
        As used in this paragraph 4, "test driving" occurs
    when a permitted user who, with the permission of the used
    vehicle dealer or an employee of the used vehicle dealer,
    drives a vehicle owned and held for sale or lease by a used
    vehicle dealer that the person is considering to purchase
    or lease, in order to evaluate the performance,
    reliability, or condition of the vehicle.
        As used in this paragraph 4, "loaner purposes" means
    when a person who, with the permission of the used vehicle
    dealer, drives a vehicle owned or held for sale or lease by
    the used vehicle dealer while the user's vehicle is being
    repaired or evaluated.
        5. An application for a used vehicle dealer's license
    shall be accompanied by the following license fees:
            (A) $1,000 for applicant's established place of
        business, and $50 for each additional place of
        business, if any, to which the application pertains;
        however, if the application is made after June 15 of
        any year, the license fee shall be $500 for
        applicant's established place of business plus $25 for
        each additional place of business, if any, to which
        the application pertains. License fees shall be
        returnable only in the event that the application is
        denied by the Secretary of State. Of the money
        received by the Secretary of State as license fees
        under this subparagraph (A) for the 2004 licensing
        year and thereafter, 95% shall be deposited into the
        General Revenue Fund.
            (B) Except for dealers selling 25 or fewer
        automobiles or as provided in subsection (h) of
        Section 5-102.7 of this Code, an Annual Dealer
        Recovery Fund Fee in the amount of $500 for the
        applicant's established place of business, and $50 for
        each additional place of business, if any, to which
        the application pertains; but if the application is
        made after June 15 of any year, the fee shall be $250
        for the applicant's established place of business plus
        $25 for each additional place of business, if any, to
        which the application pertains. For a license renewal
        application, the fee shall be based on the amount of
        automobiles sold in the past year according to the
        following formula:
                (1) $0 for dealers selling 25 or less
            automobiles;
                (2) $150 for dealers selling more than 25 but
            less than 200 automobiles;
                (3) $300 for dealers selling 200 or more
            automobiles but less than 300 automobiles; and
                (4) $500 for dealers selling 300 or more
            automobiles.
            License fees shall be returnable only in the event
        that the application is denied by the Secretary of
        State. Moneys received under this subparagraph (B)
        shall be deposited into the Dealer Recovery Trust
        Fund.
        6. A statement that the applicant's officers,
    directors, shareholders having a 10% or greater ownership
    interest therein, proprietor, partner, member, officer,
    director, trustee, manager, or other principals in the
    business have not committed in the past 3 years any one
    violation as determined in any civil, criminal, or
    administrative proceedings of any one of the following
    Acts:
            (A) The Anti-Theft Laws of the Illinois Vehicle
        Code;
            (B) The Certificate of Title Laws of the Illinois
        Vehicle Code;
            (C) The Offenses against Registration and
        Certificates of Title Laws of the Illinois Vehicle
        Code;
            (D) The Dealers, Transporters, Wreckers and
        Rebuilders Laws of the Illinois Vehicle Code;
            (E) Section 21-2 of the Illinois Criminal Code of
        1961 or the Criminal Code of 2012, Criminal Trespass
        to Vehicles; or
            (F) The Retailers' Occupation Tax Act.
        7. A statement that the applicant's officers,
    directors, shareholders having a 10% or greater ownership
    interest therein, proprietor, partner, member, officer,
    director, trustee, manager, or other principals in the
    business have not committed in any calendar year 3 or more
    violations, as determined in any civil, or criminal, or
    administrative proceedings, of any one or more of the
    following Acts:
            (A) The Consumer Finance Act;
            (B) The Consumer Installment Loan Act;
            (C) The Retail Installment Sales Act;
            (D) The Motor Vehicle Retail Installment Sales
        Act;
            (E) The Interest Act;
            (F) The Illinois Wage Assignment Act;
            (G) Part 8 of Article XII of the Code of Civil
        Procedure; or
            (H) The Consumer Fraud and Deceptive Business
        Practices Act.
        7.5. A statement that, within 10 years of application,
    each officer, director, shareholder having a 10% or
    greater ownership interest therein, proprietor, partner,
    member, officer, director, trustee, manager, or other
    principal in the business of the applicant has not
    committed, as determined in any civil, criminal, or
    administrative proceeding, in any calendar year one or
    more forcible felonies under the Criminal Code of 1961 or
    the Criminal Code of 2012, or a violation of either or both
    Article 16 or 17 of the Criminal Code of 1961 or a
    violation of either or both Article 16 or 17 of the
    Criminal Code of 2012, Article 29B of the Criminal Code of
    1961 or the Criminal Code of 2012, or a similar
    out-of-state offense. For the purposes of this paragraph,
    "forcible felony" has the meaning provided in Section 2-8
    of the Criminal Code of 2012.
        8. A bond or Certificate of Deposit in the amount of
    $50,000 for each location at which the applicant intends
    to act as a used vehicle dealer. The bond shall be for the
    term of the license, or its renewal, for which application
    is made, and shall expire not sooner than December 31 of
    the year for which the license was issued or renewed. The
    bond shall run to the People of the State of Illinois, with
    surety by a bonding or insurance company authorized to do
    business in this State. It shall be conditioned upon the
    proper transmittal of all title and registration fees and
    taxes (excluding taxes under the Retailers' Occupation Tax
    Act) accepted by the applicant as a used vehicle dealer.
        9. Such other information concerning the business of
    the applicant as the Secretary of State may by rule or
    regulation prescribe.
        10. A statement that the applicant understands Chapter
    1 through Chapter 5 of this Code.
        11. A copy of the certification from the prelicensing
    education program.
        12. The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
    (d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
    (e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
        1. The name of the person licensed;
        2. If a corporation, the name and address of its
    officers or if a sole proprietorship, a partnership, an
    unincorporated association or any similar form of business
    organization, the name and address of the proprietor or of
    each partner, member, officer, director, trustee, or
    manager;
        3. In case of an original license, the established
    place of business of the licensee;
        4. In the case of a supplemental license, the
    established place of business of the licensee and the
    additional place of business to which such supplemental
    license pertains;
        5. The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
    (g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.
    (h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the
"Retailers' Occupation Tax Act" or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application for renewal is granted or denied by the Secretary
of State.
    (i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
        1. A certificate of title properly assigned to the
    purchaser;
        2. A statement verified under oath that all
    identifying numbers on the vehicle agree with those on the
    certificate of title;
        3. A bill of sale properly executed on behalf of such
    person;
        4. A copy of the Uniform Invoice-transaction reporting
    return referred to in Section 5-402 of this Chapter;
        5. In the case of a rebuilt vehicle, a copy of the
    Disclosure of Rebuilt Vehicle Status; and
        6. In the case of a vehicle for which the warranty has
    been reinstated, a copy of the warranty.
    (j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed
as a used vehicle dealer under this Section; however such
broker shall maintain a record of the transaction including
the following:
        (1) the name and address of the buyer and seller,
        (2) the date of sale,
        (3) a description of the mobile home, including the
    vehicle identification number, make, model, and year, and
        (4) the Illinois certificate of title number.
    The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
    (k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The used
vehicle dealer must retain the photocopy or scan for 30 days.
    A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
    (l) Used vehicle dealers licensed under this Section shall
provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:
        1. The year, make, model, style, and color of the
    vehicle;
        2. The vehicle's manufacturer's identification number
    or, if applicable, the Secretary of State or Illinois
    State Police identification number;
        3. The date of acquisition of the vehicle;
        4. The name and address of the person from whom the
    vehicle was acquired;
        5. The name and address of the person to whom any
    vehicle was disposed, the person's Illinois license number
    or if the person is an out-of-state salvage vehicle buyer,
    the license number from the state or jurisdiction where
    the buyer is licensed; and
        6. The purchase price of the vehicle.
    The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
    (m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-15-21.)
 
    (625 ILCS 5/5-102.8)
    Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
dealers.
    (a) As used in this Section, "Buy Here, Pay Here used
vehicle dealer" means any entity that engages in the business
of selling or leasing of vehicles and finances the sale or
purchase price of the vehicle to a customer without the
customer using a third-party lender.
    (b) No person shall engage in the business of selling or
dealing in, on consignment or otherwise, 5 or more used
vehicles of any make during the year (except rebuilt salvage
vehicles sold by their rebuilders to persons licensed under
this Chapter), or act as an intermediary, agent, or broker for
any licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he or she is so
engaged or intends to so engage in such business of a Buy Here,
Pay Here used vehicle dealer unless licensed to do so by the
Secretary of State under the provisions of this Section.
    (c) An application for a Buy Here, Pay Here used vehicle
dealer's license shall be filed with the Secretary of State,
duly verified by oath, in such form as the Secretary of State
may by rule or regulation prescribe and shall contain:
        (1) The name and type of business organization
    established and additional places of business, if any, in
    this State.
        (2) If the applicant is a corporation, a list of its
    officers, directors, and shareholders having a 10% or
    greater ownership interest in the corporation, setting
    forth the residence address of each; if the applicant is a
    sole proprietorship, a partnership, an unincorporated
    association, a trust, or any similar form of business
    organization, the names and residence address of the
    proprietor or of each partner, member, officer, director,
    trustee, or manager.
        (3) A statement that the applicant has been approved
    for registration under the Retailers' Occupation Tax Act
    by the Department of Revenue. However, this requirement
    does not apply to a dealer who is already licensed
    hereunder with the Secretary of State, and who is merely
    applying for a renewal of his or her license. As evidence
    of this fact, the application shall be accompanied by a
    certification from the Department of Revenue showing that
    the Department has approved the applicant for registration
    under the Retailers' Occupation Tax Act.
        (4) A statement that the applicant has complied with
    the appropriate liability insurance requirement. A
    Certificate of Insurance in a solvent company authorized
    to do business in the State of Illinois shall be included
    with each application covering each location at which he
    or she proposes to act as a Buy Here, Pay Here used vehicle
    dealer. The policy must provide liability coverage in the
    minimum amounts of $100,000 for bodily injury to, or death
    of, any person, $300,000 for bodily injury to, or death
    of, 2 or more persons in any one crash accident, and
    $50,000 for damage to property. Such policy shall expire
    not sooner than December 31 of the year for which the
    license was issued or renewed. The expiration of the
    insurance policy shall not terminate the liability under
    the policy arising during the period for which the policy
    was filed.
        If the permitted user has a liability insurance policy
    that provides automobile liability insurance coverage of
    at least $100,000 for bodily injury to or the death of any
    person, $300,000 for bodily injury to or the death of any 2
    or more persons in any one crash accident, and $50,000 for
    damage to property, then the permitted user's insurer
    shall be the primary insurer and the dealer's insurer
    shall be the secondary insurer. If the permitted user does
    not have a liability insurance policy that provides
    automobile liability insurance coverage of at least
    $100,000 for bodily injury to or the death of any person,
    $300,000 for bodily injury to or the death of any 2 or more
    persons in any one crash accident, and $50,000 for damage
    to property, or does not have any insurance at all, then
    the dealer's insurer shall be the primary insurer and the
    permitted user's insurer shall be the secondary insurer.
        When a permitted user is "test driving" a Buy Here,
    Pay Here used vehicle dealer's automobile, the Buy Here,
    Pay Here used vehicle dealer's insurance shall be primary
    and the permitted user's insurance shall be secondary.
        As used in this paragraph, "permitted user" means a
    person who, with the permission of the Buy Here, Pay Here
    used vehicle dealer or an employee of the Buy Here, Pay
    Here used vehicle dealer, drives a vehicle owned and held
    for sale or lease by the Buy Here, Pay Here used vehicle
    dealer that the person is considering to purchase or
    lease, in order to evaluate the performance, reliability,
    or condition of the vehicle. "Permitted user" includes a
    person who, with the permission of the Buy Here, Pay Here
    used vehicle dealer, drives a vehicle owned or held for
    sale or lease by the Buy Here, Pay Here used vehicle dealer
    for loaner purposes while the user's vehicle is being
    repaired or evaluated.
        As used in this paragraph, "test driving" occurs when
    a permitted user who, with the permission of the Buy Here,
    Pay Here used vehicle dealer or an employee of the Buy
    Here, Pay Here used vehicle dealer, drives a vehicle owned
    and held for sale or lease by a Buy Here, Pay Here used
    vehicle dealer that the person is considering to purchase
    or lease, in order to evaluate the performance,
    reliability, or condition of the vehicle.
        As used in this paragraph, "loaner purposes" means
    when a person who, with the permission of the Buy Here, Pay
    Here used vehicle dealer, drives a vehicle owned or held
    for sale or lease by the used vehicle dealer while the
    user's vehicle is being repaired or evaluated.
        (5) An application for a Buy Here, Pay Here used
    vehicle dealer's license shall be accompanied by the
    following license fees:
            (A) $1,000 for the applicant's established place
        of business, and $50 for each additional place of
        business, if any, to which the application pertains;
        however, if the application is made after June 15 of
        any year, the license fee shall be $500 for the
        applicant's established place of business plus $25 for
        each additional place of business, if any, to which
        the application pertains. License fees shall be
        returnable only if the application is denied by the
        Secretary of State. Of the money received by the
        Secretary of State as license fees under this
        subparagraph, 95% shall be deposited into the General
        Revenue Fund.
            (B) Except for dealers selling 25 or fewer
        automobiles or as provided in subsection (h) of
        Section 5-102.7 of this Code, an Annual Dealer
        Recovery Fund Fee in the amount of $500 for the
        applicant's established place of business, and $50 for
        each additional place of business, if any, to which
        the application pertains; but if the application is
        made after June 15 of any year, the fee shall be $250
        for the applicant's established place of business plus
        $25 for each additional place of business, if any, to
        which the application pertains. For a license renewal
        application, the fee shall be based on the amount of
        automobiles sold in the past year according to the
        following formula:
                (1) $0 for dealers selling 25 or less
            automobiles;
                (2) $150 for dealers selling more than 25 but
            less than 200 automobiles;
                (3) $300 for dealers selling 200 or more
            automobiles but less than 300 automobiles; and
                (4) $500 for dealers selling 300 or more
            automobiles.
            Fees shall be returnable only if the application
        is denied by the Secretary of State. Money received
        under this subparagraph shall be deposited into the
        Dealer Recovery Trust Fund. A Buy Here, Pay Here used
        vehicle dealer shall pay into the Dealer Recovery
        Trust Fund for every vehicle that is financed, sold,
        or otherwise transferred to an individual or entity
        other than the Buy Here, Pay Here used vehicle dealer
        even if the individual or entity to which the Buy Here,
        Pay Here used vehicle dealer transfers the vehicle is
        unable to continue to adhere to the terms of the
        transaction by the Buy Here, Pay Here used vehicle
        dealer.
        (6) A statement that each officer, director,
    shareholder having a 10% or greater ownership interest
    therein, proprietor, partner, member, officer, director,
    trustee, manager, or other principal in the business of
    the applicant has not committed in the past 3 years any one
    violation as determined in any civil, criminal, or
    administrative proceedings of any one of the following:
            (A) the Anti-Theft Laws of this Code;
            (B) the Certificate of Title Laws of this Code;
            (C) the Offenses against Registration and
        Certificates of Title Laws of this Code;
            (D) the Dealers, Transporters, Wreckers and
        Rebuilders Laws of this Code;
            (E) Section 21-2 of the Illinois Criminal Code of
        1961 or the Criminal Code of 2012, Criminal Trespass
        to Vehicles; or
            (F) the Retailers' Occupation Tax Act.
        (7) A statement that each officer, director,
    shareholder having a 10% or greater ownership interest
    therein, proprietor, partner, member, officer, director,
    trustee, manager, or other principal in the business of
    the applicant has not committed in any calendar year 3 or
    more violations, as determined in any civil, criminal, or
    administrative proceedings, of any one or more of the
    following:
            (A) the Consumer Finance Act;
            (B) the Consumer Installment Loan Act;
            (C) the Retail Installment Sales Act;
            (D) the Motor Vehicle Retail Installment Sales
        Act;
            (E) the Interest Act;
            (F) the Illinois Wage Assignment Act;
            (G) Part 8 of Article XII of the Code of Civil
        Procedure; or
            (H) the Consumer Fraud and Deceptive Business
        Practices Act.
        (8) A statement that, within 10 years of application,
    each officer, director, shareholder having a 10% or
    greater ownership interest therein, proprietor, partner,
    member, officer, director, trustee, manager, or other
    principal in the business of the applicant has not
    committed, as determined in any civil, criminal, or
    administrative proceeding, in any calendar year one or
    more forcible felonies under the Criminal Code of 1961 or
    the Criminal Code of 2012, or a violation of either or both
    Article 16 or 17 of the Criminal Code of 1961, or a
    violation of either or both Article 16 or 17 of the
    Criminal Code of 2012, Article 29B of the Criminal Code of
    1961 or the Criminal Code of 2012, or a similar
    out-of-state offense. For the purposes of this paragraph,
    "forcible felony" has the meaning provided in Section 2-8
    of the Criminal Code of 2012.
        (9) A bond or Certificate of Deposit in the amount of
    $50,000 for each location at which the applicant intends
    to act as a Buy Here, Pay Here used vehicle dealer. The
    bond shall be for the term of the license. The bond shall
    run to the People of the State of Illinois, with surety by
    a bonding or insurance company authorized to do business
    in this State. It shall be conditioned upon the proper
    transmittal of all title and registration fees and taxes
    (excluding taxes under the Retailers' Occupation Tax Act)
    accepted by the applicant as a Buy Here, Pay Here used
    vehicle dealer.
        (10) Such other information concerning the business of
    the applicant as the Secretary of State may by rule
    prescribe.
        (11) A statement that the applicant understands
    Chapter 1 through Chapter 5 of this Code.
        (12) A copy of the certification from the prelicensing
    education program.
        (13) The full name, address, and contact information
    of each of the dealer's agents or legal representatives
    who is an Illinois resident and liable for the performance
    of the dealership.
    (d) Any change that renders no longer accurate any
information contained in any application for a Buy Here, Pay
Here used vehicle dealer's license shall be amended within 30
days after the occurrence of each change on such form as the
Secretary of State may prescribe by rule, accompanied by an
amendatory fee of $2.
    (e) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a Buy Here,
Pay Here used vehicle dealer unless the person maintains an
established place of business as defined in this Chapter.
    (f) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted under this
Section. Unless the Secretary makes a determination that the
application does not conform to this Section or that grounds
exist for a denial of the application under Section 5-501 of
this Chapter, the Secretary must grant the applicant an
original Buy Here, Pay Here used vehicle dealer's license in
writing for his or her established place of business and a
supplemental license in writing for each additional place of
business in such form as the Secretary may prescribe by rule
that shall include the following:
        (1) The name of the person licensed.
        (2) If a corporation, the name and address of its
    officers or if a sole proprietorship, a partnership, an
    unincorporated association, or any similar form of
    business organization, the name and address of the
    proprietor or of each partner, member, officer, director,
    trustee, or manager.
        (3) In the case of an original license, the
    established place of business of the licensee.
        (4) In the case of a supplemental license, the
    established place of business of the licensee and the
    additional place of business to which the supplemental
    license pertains.
        (5) The full name, address, and contact information of
    each of the dealer's agents or legal representatives who
    is an Illinois resident and liable for the performance of
    the dealership.
    (g) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by the licensee.
    (h) Except as provided in subsection (i), all Buy Here,
Pay Here used vehicle dealer's licenses granted under this
Section expire by operation of law on December 31 of the
calendar year for which they are granted unless sooner revoked
or cancelled under Section 5-501 of this Chapter.
    (i) A Buy Here, Pay Here used vehicle dealer's license may
be renewed upon application and payment of the fee required
herein, and submission of proof of coverage by an approved
bond under the Retailers' Occupation Tax Act or proof that the
applicant is not subject to such bonding requirements, as in
the case of an original license, but in the case of an
application for the renewal of an effective license made
during the month of December, the effective license shall
remain in force until the application for renewal is granted
or denied by the Secretary of State.
    (j) Each person licensed as a Buy Here, Pay Here used
vehicle dealer is required to furnish each purchaser of a
motor vehicle:
        (1) a certificate of title properly assigned to the
    purchaser;
        (2) a statement verified under oath that all
    identifying numbers on the vehicle agree with those on the
    certificate of title;
        (3) a bill of sale properly executed on behalf of the
    person;
        (4) a copy of the Uniform Invoice-transaction
    reporting return referred to in Section 5-402;
        (5) in the case of a rebuilt vehicle, a copy of the
    Disclosure of Rebuilt Vehicle Status; and
        (6) in the case of a vehicle for which the warranty has
    been reinstated, a copy of the warranty.
    (k) Except at the time of sale or repossession of the
vehicle, no person licensed as a Buy Here, Pay Here used
vehicle dealer may issue any other person a newly created key
to a vehicle unless the Buy Here, Pay Here used vehicle dealer
makes a color photocopy or electronic scan of the driver's
license or State identification card of the person requesting
or obtaining the newly created key. The Buy Here, Pay Here used
vehicle dealer must retain the photocopy or scan for 30 days.
    A Buy Here, Pay Here used vehicle dealer who violates this
subsection (k) is guilty of a petty offense. Violation of this
subsection (k) is not cause to suspend, revoke, cancel, or
deny renewal of the used vehicle dealer's license.
    (l) A Buy Here, Pay Here used vehicle dealer licensed
under this Section shall provide the Secretary of State a
register for the sale at auction of each salvage or junk
certificate vehicle. Each register shall include the following
information:
        (1) the year, make, model, style, and color of the
    vehicle;
        (2) the vehicle's manufacturer's identification number
    or, if applicable, the Secretary of State or Illinois
    Department of State Police identification number;
        (3) the date of acquisition of the vehicle;
        (4) the name and address of the person from whom the
    vehicle was acquired;
        (5) the name and address of the person to whom any
    vehicle was disposed, the person's Illinois license number
    or, if the person is an out-of-state salvage vehicle
    buyer, the license number from the state or jurisdiction
    where the buyer is licensed; and
        (6) the purchase price of the vehicle.
    The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
    (m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new
application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
    Sec. 6-101. Drivers must have licenses or permits.
    (a) No person, except those expressly exempted by Section
6-102, shall drive any motor vehicle upon a highway in this
State unless such person has a valid license or permit, or a
restricted driving permit, issued under the provisions of this
Act.
    (b) No person shall drive a motor vehicle unless he holds a
valid license or permit, or a restricted driving permit issued
under the provisions of Section 6-205, 6-206, or 6-113 of this
Act. Any person to whom a license is issued under the
provisions of this Act must surrender to the Secretary of
State all valid licenses or permits, except that an applicant
for a non-domiciled commercial learner's permit or commercial
driver's license shall not be required to surrender a license
or permit issued by the applicant's state or country of
domicile. No drivers license or instruction permit shall be
issued to any person who holds a valid Foreign State license,
identification card, or permit unless such person first
surrenders to the Secretary of State any such valid Foreign
State license, identification card, or permit.
    (b-5) Any person who commits a violation of subsection (a)
or (b) of this Section is guilty of a Class A misdemeanor, if
at the time of the violation the person's driver's license or
permit was cancelled under clause (a)9 of Section 6-201 of
this Code.
    (c) Any person licensed as a driver hereunder shall not be
required by any city, village, incorporated town or other
municipal corporation to obtain any other license to exercise
the privilege thereby granted.
    (d) In addition to other penalties imposed under this
Section, any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the motor
vehicle that was impounded and the notarized written consent
for the release by the vehicle owner.
    (e) In addition to other penalties imposed under this
Section, the vehicle of any person in violation of this
Section who is also in violation of Section 7-601 of this Code
relating to mandatory insurance requirements and who, in
violating this Section, has caused death or personal injury to
another person is subject to forfeiture under Sections 36-1
and 36-2 of the Criminal Code of 2012. For the purposes of this
Section, a personal injury shall include any type A injury as
indicated on the traffic crash accident report completed by a
law enforcement officer that requires immediate professional
attention in either a doctor's office or a medical facility. A
type A injury shall include severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
99-414 for the effective date of changes made by P.A.
98-176).)
 
    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct fingerprint
based criminal background checks on current and future
information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Illinois State Police and the
Federal Bureau of Investigation to process fingerprint based
criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not
    been revoked, suspended, or canceled for 3 years
    immediately prior to the date of application, or have not
    had his or her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school
    bus safety, and special traffic laws relating to school
    buses and submit to a review of the applicant's driving
    habits by the Secretary of State at the time the written
    test is given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not
    subject to such testing pursuant to federal law, conducted
    by a licensed physician, a licensed advanced practice
    registered nurse, or a licensed physician assistant within
    90 days of the date of application according to standards
    promulgated by the Secretary of State;
        7. affirm under penalties of perjury that he or she
    has not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver
    safety as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been under an order of court supervision
    for or convicted of 2 or more serious traffic offenses, as
    defined by rule, within one year prior to the date of
    application that may endanger the life or safety of any of
    the driver's passengers within the duration of the permit
    period;
        10. not have been under an order of court supervision
    for or convicted of reckless driving, aggravated reckless
    driving, driving while under the influence of alcohol,
    other drug or drugs, intoxicating compound or compounds or
    any combination thereof, or reckless homicide resulting
    from the operation of a motor vehicle within 3 years of the
    date of application;
        11. not have been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1,
    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
    of Section 24-3, and those offenses contained in Article
    29D of the Criminal Code of 1961 or the Criminal Code of
    2012; (ii) those offenses defined in the Cannabis Control
    Act except those offenses defined in subsections (a) and
    (b) of Section 4, and subsection (a) of Section 5 of the
    Cannabis Control Act; (iii) those offenses defined in the
    Illinois Controlled Substances Act; (iv) those offenses
    defined in the Methamphetamine Control and Community
    Protection Act; and (v) any offense committed or attempted
    in any other state or against the laws of the United
    States, which if committed or attempted in this State
    would be punishable as one or more of the foregoing
    offenses; (vi) the offenses defined in Section 4.1 and 5.1
    of the Wrongs to Children Act or Section 11-9.1A of the
    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
    those offenses defined in Section 6-16 of the Liquor
    Control Act of 1934; and (viii) those offenses defined in
    the Methamphetamine Precursor Control Act;
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a
    motor vehicle, caused a crash an accident resulting in the
    death of any person;
        14. not have, within the last 5 years, been adjudged
    to be afflicted with or suffering from any mental
    disability or disease;
        15. consent, in writing, to the release of results of
    reasonable suspicion drug and alcohol testing under
    Section 6-106.1c of this Code by the employer of the
    applicant to the Secretary of State; and
        16. not have been convicted of committing or
    attempting to commit within the last 20 years: (i) an
    offense defined in subsection (c) of Section 4, subsection
    (b) of Section 5, and subsection (a) of Section 8 of the
    Cannabis Control Act; or (ii) any offenses in any other
    state or against the laws of the United States that, if
    committed or attempted in this State, would be punishable
    as one or more of the foregoing offenses.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in
    compliance with the provisions of subsection (a) of this
    Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder failed to perform
    the inspection procedure set forth in subsection (a) or
    (b) of Section 12-816 of this Code.
        (7) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving
    notice from the employer that the holder refused to submit
    to an alcohol or drug test as required by Section 6-106.1c
    or has submitted to a test required by that Section which
    disclosed an alcohol concentration of more than 0.00 or
    disclosed a positive result on a National Institute on
    Drug Abuse five-drug panel, utilizing federal standards
    set forth in 49 CFR 40.87.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10-13-21.)
 
    (625 ILCS 5/6-106.1a)
    Sec. 6-106.1a. Cancellation of school bus driver permit;
trace of alcohol.
    (a) A person who has been issued a school bus driver permit
by the Secretary of State in accordance with Section 6-106.1
of this Code and who drives or is in actual physical control of
a school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, upon the public highways of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath, other bodily substance, or urine for
the purpose of determining the alcohol content of the person's
blood if arrested, as evidenced by the issuance of a Uniform
Traffic Ticket for any violation of this Code or a similar
provision of a local ordinance, if a police officer has
probable cause to believe that the driver has consumed any
amount of an alcoholic beverage based upon evidence of the
driver's physical condition or other first hand knowledge of
the police officer. The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine or other bodily
substance test may be administered even after a blood or
breath test or both has been administered.
    (b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
        (1) Chemical analysis of the person's blood, urine,
    breath, or other bodily substance, to be considered valid
    under the provisions of this Section, shall have been
    performed according to standards promulgated by the
    Illinois State Police by an individual possessing a valid
    permit issued by the Illinois State Police for this
    purpose. The Director of the Illinois State Police is
    authorized to approve satisfactory techniques or methods,
    to ascertain the qualifications and competence of
    individuals to conduct analyses, to issue permits that
    shall be subject to termination or revocation at the
    direction of the Illinois State Police, and to certify the
    accuracy of breath testing equipment. The Illinois State
    Police shall prescribe rules as necessary.
        (2) When a person submits to a blood test at the
    request of a law enforcement officer under the provisions
    of this Section, only a physician authorized to practice
    medicine, a licensed physician assistant, a licensed
    advanced practice registered nurse, a registered nurse, or
    other qualified person trained in venipuncture and acting
    under the direction of a licensed physician may withdraw
    blood for the purpose of determining the alcohol content.
    This limitation does not apply to the taking of breath,
    other bodily substance, or urine specimens.
        (3) The person tested may have a physician, qualified
    technician, chemist, registered nurse, or other qualified
    person of his or her own choosing administer a chemical
    test or tests in addition to any test or tests
    administered at the direction of a law enforcement
    officer. The test administered at the request of the
    person may be admissible into evidence at a hearing
    conducted in accordance with Section 2-118 of this Code.
    The failure or inability to obtain an additional test by a
    person shall not preclude the consideration of the
    previously performed chemical test.
        (4) Upon a request of the person who submits to a
    chemical test or tests at the request of a law enforcement
    officer, full information concerning the test or tests
    shall be made available to the person or that person's
    attorney by the requesting law enforcement agency within
    72 hours of receipt of the test result.
        (5) Alcohol concentration means either grams of
    alcohol per 100 milliliters of blood or grams of alcohol
    per 210 liters of breath.
        (6) If a driver is receiving medical treatment as a
    result of a motor vehicle crash accident, a physician
    licensed to practice medicine, licensed physician
    assistant, licensed advanced practice registered nurse,
    registered nurse, or other qualified person trained in
    venipuncture and acting under the direction of a licensed
    physician shall withdraw blood for testing purposes to
    ascertain the presence of alcohol upon the specific
    request of a law enforcement officer. However, that
    testing shall not be performed until, in the opinion of
    the medical personnel on scene, the withdrawal can be made
    without interfering with or endangering the well-being of
    the patient.
    (c) A person requested to submit to a test as provided in
this Section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration
of more than 0.00, may result in the loss of that person's
privilege to possess a school bus driver permit. The loss of
the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of
this Code. A person requested to submit to a test under this
Section shall also acknowledge, in writing, receipt of the
warning required under this subsection (c). If the person
refuses to acknowledge receipt of the warning, the law
enforcement officer shall make a written notation on the
warning that the person refused to sign the warning. A
person's refusal to sign the warning shall not be evidence
that the person was not read the warning.
    (d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person who has been
issued a school bus driver permit and who was operating a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol
concentration of more than 0.00 and less than the alcohol
concentration at which driving or being in actual physical
control of a motor vehicle is prohibited under paragraph (1)
of subsection (a) of Section 11-501.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
    The law enforcement officer submitting the sworn report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction shall be effective on
the 46th day following the date notice was given.
    In cases where the blood alcohol concentration of more
than 0.00 is established by a subsequent analysis of blood,
other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of that notice in an
envelope with postage prepaid and addressed to that person at
his or her last known address and the loss of the school bus
driver permit shall be effective on the 46th day following the
date notice was given.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
school bus driver permit sanction to the driver and the
driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the
sworn report be defective by not containing sufficient
information or be completed in error, the notice of the school
bus driver permit sanction may not be mailed to the person or
his current employer or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
    (e) A driver may contest this school bus driver permit
sanction by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or
she consumed alcohol in the performance of a religious service
or ceremony. An individual whose blood alcohol concentration
is shown to be more than 0.00 shall not be subject to this
Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended
dosage of medicine that contained alcohol. The petition for
that hearing shall not stay or delay the effective date of the
impending suspension. The scope of this hearing shall be
limited to the issues of:
        (1) whether the police officer had probable cause to
    believe that the person was driving or in actual physical
    control of a school bus or any other vehicle owned or
    operated by or for a public or private school, or a school
    operated by a religious institution, when the vehicle is
    being used over a regularly scheduled route for the
    transportation of persons enrolled as students in grade 12
    or below, in connection with any activity of the entities
    listed, upon the public highways of the State and the
    police officer had reason to believe that the person was
    in violation of any provision of this Code or a similar
    provision of a local ordinance; and
        (2) whether the person was issued a Uniform Traffic
    Ticket for any violation of this Code or a similar
    provision of a local ordinance; and
        (3) whether the police officer had probable cause to
    believe that the driver had consumed any amount of an
    alcoholic beverage based upon the driver's physical
    actions or other first-hand knowledge of the police
    officer; and
        (4) whether the person, after being advised by the
    officer that the privilege to possess a school bus driver
    permit would be canceled if the person refused to submit
    to and complete the test or tests, did refuse to submit to
    or complete the test or tests to determine the person's
    alcohol concentration; and
        (5) whether the person, after being advised by the
    officer that the privileges to possess a school bus driver
    permit would be canceled if the person submits to a
    chemical test or tests and the test or tests disclose an
    alcohol concentration of more than 0.00 and the person did
    submit to and complete the test or tests that determined
    an alcohol concentration of more than 0.00; and
        (6) whether the test result of an alcohol
    concentration of more than 0.00 was based upon the
    person's consumption of alcohol in the performance of a
    religious service or ceremony; and
        (7) whether the test result of an alcohol
    concentration of more than 0.00 was based upon the
    person's consumption of alcohol through ingestion of the
    prescribed or recommended dosage of medicine.
    The Secretary of State may adopt administrative rules
setting forth circumstances under which the holder of a school
bus driver permit is not required to appear in person at the
hearing.
    Provided that the petitioner may subpoena the officer, the
hearing may be conducted upon a review of the law enforcement
officer's own official reports. Failure of the officer to
answer the subpoena shall be grounds for a continuance if, in
the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under
Section 2-118 of this Code, the Secretary of State may
rescind, continue, or modify the school bus driver permit
sanction.
    (f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that
the results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge
forms the basis of that suspension or revocation.
    (g) This Section applies only to drivers who have been
issued a school bus driver permit in accordance with Section
6-106.1 of this Code at the time of the issuance of the Uniform
Traffic Ticket for a violation of this Code or a similar
provision of a local ordinance, and a chemical test request is
made under this Section.
    (h) The action of the Secretary of State in suspending,
revoking, canceling, or denying any license, permit,
registration, or certificate of title shall be subject to
judicial review in the Circuit Court of Sangamon County or in
the Circuit Court of Cook County, and the provisions of the
Administrative Review Law and its rules are hereby adopted and
shall apply to and govern every action for the judicial review
of final acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (625 ILCS 5/6-106.2)  (from Ch. 95 1/2, par. 6-106.2)
    Sec. 6-106.2. Religious organization bus driver. A
religious organization bus driver shall meet the following
requirements:
        1. is 21 years of age or older;
        2. has a valid and properly classified driver's
    license issued by the Secretary of State;
        3. has held a valid driver's license, not necessarily
    of the same classification, for 3 years prior to the date
    of application. A lapse in the renewal of the driver's
    license of 30 days or less shall not render the applicant
    ineligible. The Secretary of State may, in his or her
    discretion, grant a waiver for a lapse in the renewal of
    the driver's license in excess of 30 days;
        4. has demonstrated an ability to exercise reasonable
    care in the safe operation of religious organization buses
    in accordance with such standards as the Secretary of
    State prescribes including a driving test in a religious
    organization bus; and
        5. has not been convicted of any of the following
    offenses within 3 years of the date of application:
    Sections 11-401 (leaving the scene of a traffic crash
    accident involving death or personal injury), 11-501
    (driving under the influence), 11-503 (reckless driving),
    11-504 (drag racing), and 11-506 (street racing) of this
    Code, or Sections 9-3 (manslaughter or reckless homicide)
    and 12-5 (reckless conduct arising from the use of a motor
    vehicle) of the Criminal Code of 1961 or the Criminal Code
    of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 
    (625 ILCS 5/6-106.3)  (from Ch. 95 1/2, par. 6-106.3)
    Sec. 6-106.3. Senior citizen transportation - driver. A
driver of a vehicle operated solely for the purpose of
providing transportation for the elderly in connection with
the activities of any public or private organization shall
meet the following requirements:
        (1) is 21 years of age or older;
        (2) has a valid and properly classified driver's
    license issued by the Secretary of State;
        (3) has had a valid driver's license, not necessarily
    of the same classification, for 3 years prior to the date
    of application. A lapse in the renewal of the driver's
    license of 30 days or less shall not render the applicant
    ineligible. The Secretary of State may, in his or her
    discretion, grant a waiver for a lapse in the renewal of
    the driver's license in excess of 30 days;
        (4) has demonstrated his ability to exercise
    reasonable care in the safe operation of a motor vehicle
    which will be utilized to transport persons in accordance
    with such standards as the Secretary of State prescribes
    including a driving test in such motor vehicle; and
        (5) has not been convicted of any of the following
    offenses within 3 years of the date of application:
    Sections 11-401 (leaving the scene of a traffic crash
    accident involving death or personal injury), 11-501
    (driving under the influence), 11-503 (reckless driving),
    11-504 (drag racing), and 11-506 (street racing) of this
    Code, or Sections 9-3 (manslaughter or reckless homicide)
    and 12-5 (reckless conduct arising from the use of a motor
    vehicle) of the Criminal Code of 1961 or the Criminal Code
    of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 
    (625 ILCS 5/6-106.4)  (from Ch. 95 1/2, par. 6-106.4)
    Sec. 6-106.4. For-profit ridesharing arrangement - driver.
No person may drive a commuter van while it is being used for a
for-profit ridesharing arrangement unless such person:
        (1) is 21 years of age or older;
        (2) has a valid and properly classified driver's
    license issued by the Secretary of State;
        (3) has held a valid driver's license, not necessarily
    of the same classification, for 3 years prior to the date
    of application. A lapse in the renewal of the driver's
    license of 30 days or less shall not render the applicant
    ineligible. The Secretary of State may, in his or her
    discretion, grant a waiver for a lapse in the renewal of
    the driver's license in excess of 30 days;
        (4) has demonstrated his ability to exercise
    reasonable care in the safe operation of commuter vans
    used in for-profit ridesharing arrangements in accordance
    with such standards as the Secretary of State may
    prescribe, which standards may require a driving test in a
    commuter van; and
        (5) has not been convicted of any of the following
    offenses within 3 years of the date of application:
    Sections 11-401 (leaving the scene of a traffic crash
    accident involving death or personal injury), 11-501
    (driving under the influence), 11-503 (reckless driving),
    11-504 (drag racing), and 11-506 (street racing) of this
    Code, or Sections 9-3 (manslaughter or reckless homicide)
    and 12-5 (reckless conduct arising from the use of a motor
    vehicle) of the Criminal Code of 1961 or the Criminal Code
    of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 
    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
    Sec. 6-107. Graduated license.
    (a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle crashes accidents,
fatalities, and injuries by:
        (1) providing for an increase in the time of practice
    period before granting permission to obtain a driver's
    license;
        (2) strengthening driver licensing and testing
    standards for persons under the age of 21 years;
        (3) sanctioning driving privileges of drivers under
    age 21 who have committed serious traffic violations or
    other specified offenses; and
        (4) setting stricter standards to promote the public's
    health and safety.
    (b) The application of any person under the age of 18
years, and not legally emancipated, for a drivers license or
permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either
parent of the applicant; otherwise by the guardian having
custody of the applicant, or in the event there is no parent or
guardian, then by another responsible adult. The written
consent must accompany any application for a driver's license
under this subsection (b), regardless of whether or not the
required written consent also accompanied the person's
previous application for an instruction permit.
    No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
        (1) Held a valid instruction permit for a minimum of 9
    months.
        (2) Passed an approved driver education course and
    submits proof of having passed the course as may be
    required.
        (3) Certification by the parent, legal guardian, or
    responsible adult that the applicant has had a minimum of
    50 hours of behind-the-wheel practice time, at least 10
    hours of which have been at night, and is sufficiently
    prepared and able to safely operate a motor vehicle.
    (b-1) No graduated driver's license shall be issued to any
applicant who is under 18 years of age and not legally
emancipated, unless the applicant has graduated from a
secondary school of this State or any other state, is enrolled
in a course leading to a high school equivalency certificate,
has obtained a high school equivalency certificate, is
enrolled in an elementary or secondary school or college or
university of this State or any other state and is not a
chronic or habitual truant as provided in Section 26-2a of the
School Code, or is receiving home instruction and submits
proof of meeting any of those requirements at the time of
application.
    An applicant under 18 years of age who provides proof
acceptable to the Secretary that the applicant has resumed
regular school attendance or home instruction or that his or
her application was denied in error shall be eligible to
receive a graduated license if other requirements are met. The
Secretary shall adopt rules for implementing this subsection
(b-1).
    (c) No graduated driver's license or permit shall be
issued to any applicant under 18 years of age who has committed
the offense of operating a motor vehicle without a valid
license or permit in violation of Section 6-101 of this Code or
a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18
years of age who has committed an offense that would otherwise
result in a mandatory revocation of a license or permit as
provided in Section 6-205 of this Code or who has been either
convicted of or adjudicated a delinquent based upon a
violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the
Methamphetamine Control and Community Protection Act while
that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act shall not be considered convicted. Any person
found guilty of this offense, while in actual physical control
of a motor vehicle, shall have an entry made in the court
record by the judge that this offense did occur while the
person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State as such.
    (d) No graduated driver's license shall be issued for 9
months to any applicant under the age of 18 years who has
committed and subsequently been convicted of an offense
against traffic regulations governing the movement of
vehicles, any violation of this Section or Section 12-603.1 of
this Code, or who has received a disposition of court
supervision for a violation of Section 6-20 of the Illinois
Liquor Control Act of 1934 or a similar provision of a local
ordinance.
    (e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor
driven cycle or motorcycle, with more than one passenger in
the front seat of the motor vehicle and no more passengers in
the back seats than the number of available seat safety belts
as set forth in Section 12-603 of this Code. If a graduated
driver's license holder over the age of 18 committed an
offense against traffic regulations governing the movement of
vehicles or any violation of this Section or Section 12-603.1
of this Code in the 6 months prior to the graduated driver's
license holder's 18th birthday, and was subsequently convicted
of the violation, the provisions of this paragraph shall
continue to apply until such time as a period of 6 consecutive
months has elapsed without an additional violation and
subsequent conviction of an offense against traffic
regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code.
    (f) (Blank).
    (g) If a graduated driver's license holder is under the
age of 18 when he or she receives the license, for the first 12
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver. If a
graduated driver's license holder committed an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code
during the first 12 months the license is held and
subsequently is convicted of the violation, the provisions of
this paragraph shall remain in effect until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of this Section or Section 12-603.1 of this
Code.
    (h) It shall be an offense for a person that is age 15, but
under age 20, to be a passenger in a vehicle operated by a
driver holding a graduated driver's license during the first
12 months the driver holds the license or until the driver
reaches the age of 18, whichever occurs sooner, if another
passenger under the age of 20 is present, excluding a sibling,
step-sibling, child, or step-child of the driver.
    (i) No graduated driver's license shall be issued to any
applicant under the age of 18 years if the applicant has been
issued a traffic citation for which a disposition has not been
rendered at the time of application.
(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;
98-168, eff. 1-1-14; 98-718, eff. 1-1-15.)
 
    (625 ILCS 5/6-107.5)
    Sec. 6-107.5. Adult Driver Education Course.
    (a) The Secretary shall establish by rule the curriculum
and designate the materials to be used in an adult driver
education course. The course shall be at least 6 hours in
length and shall include instruction on traffic laws; highway
signs, signals, and markings that regulate, warn, or direct
traffic; issues commonly associated with motor vehicle crashes
accidents including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety
belt, driving at night, failure to yield the right-of-way,
texting while driving, using wireless communication devices,
and alcohol and drug awareness; and instruction on law
enforcement procedures during traffic stops, including actions
that a motorist should take during a traffic stop and
appropriate interactions with law enforcement officers. The
curriculum shall not require the operation of a motor vehicle.
    (b) The Secretary shall certify course providers. The
requirements to be a certified course provider, the process
for applying for certification, and the procedure for
decertifying a course provider shall be established by rule.
    (b-5) In order to qualify for certification as an adult
driver education course provider, each applicant must
authorize an investigation that includes a fingerprint-based
background check to determine if the applicant has ever been
convicted of a criminal offense and, if so, the disposition of
any conviction. This authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon
receiving this authorization, the Secretary of State may
request and receive information and assistance from any
federal, State, or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police. These
fingerprints shall be checked against fingerprint records now
and hereafter filed in the Illinois State Police and Federal
Bureau of Investigation criminal history record databases. The
Illinois State Police shall charge applicants a fee for
conducting the criminal history record check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the State and national criminal
history record check. The Illinois State Police shall furnish,
pursuant to positive identification, records of Illinois
criminal convictions to the Secretary and shall forward the
national criminal history record information to the Secretary.
Applicants shall pay any other fingerprint-related fees.
Unless otherwise prohibited by law, the information derived
from the investigation, including the source of the
information and any conclusions or recommendations derived
from the information by the Secretary of State, shall be
provided to the applicant upon request to the Secretary of
State prior to any final action by the Secretary of State on
the application. Any criminal conviction information obtained
by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required by this subsection (b-5), and may not be
transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
applicant. At any administrative hearing held under Section
2-118 of this Code relating to the denial, cancellation,
suspension, or revocation of certification of an adult driver
education course provider, the Secretary of State may utilize
at that hearing any criminal history, criminal conviction, and
disposition information obtained under this subsection (b-5).
The information obtained from the investigation may be
maintained by the Secretary of State or any agency to which the
information was transmitted. Only information and standards
which bear a reasonable and rational relation to the
performance of providing adult driver education shall be used
by the Secretary of State. Any employee of the Secretary of
State who gives or causes to be given away any confidential
information concerning any criminal convictions or disposition
of criminal convictions of an applicant shall be guilty of a
Class A misdemeanor unless release of the information is
authorized by this Section.
    (c) The Secretary may permit a course provider to offer
the course online, if the Secretary is satisfied the course
provider has established adequate procedures for verifying:
        (1) the identity of the person taking the course
    online; and
        (2) the person completes the entire course.
    (d) The Secretary shall establish a method of electronic
verification of a student's successful completion of the
course.
    (e) The fee charged by the course provider must bear a
reasonable relationship to the cost of the course. The
Secretary shall post on the Secretary of State's website a
list of approved course providers, the fees charged by the
providers, and contact information for each provider.
    (f) In addition to any other fee charged by the course
provider, the course provider shall collect a fee of $5 from
each student to offset the costs incurred by the Secretary in
administering this program. The $5 shall be submitted to the
Secretary within 14 days of the day on which it was collected.
All such fees received by the Secretary shall be deposited in
the Secretary of State Driver Services Administration Fund.
(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
 
    (625 ILCS 5/6-108.1)
    Sec. 6-108.1. Notice to Secretary; denial of license;
persons under 18.
    (a) The State's Attorney must notify the Secretary of the
charges pending against any person younger than 18 years of
age who has been charged with a violation of this Code, the
Criminal Code of 2012, or the Criminal Code of 1961 arising out
of a crash an accident in which the person was involved as a
driver and that caused the death of or a type A injury to
another person. A "type A injury" includes severely bleeding
wounds, distorted extremities, and injuries that require the
injured party to be carried from the scene. The State's
Attorney must notify the Secretary on a form prescribed by the
Secretary.
    (b) The Secretary, upon receiving notification from the
State's Attorney, may deny any driver's license to any person
younger than 18 years of age against whom the charges are
pending.
    (c) The State's Attorney must notify the Secretary of the
final disposition of the case of any person who has been denied
a driver's license under subsection (b).
    (d) The Secretary must adopt rules for implementing this
Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
 
    (625 ILCS 5/6-113)  (from Ch. 95 1/2, par. 6-113)
    Sec. 6-113. Restricted licenses and permits.
    (a) The Secretary of State upon issuing a drivers license
or permit shall have the authority whenever good cause appears
to impose restrictions suitable to the licensee's driving
ability with respect to the type of, or special mechanical
control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to
the licensee as the Secretary of State may determine to be
appropriate to assure the safe operation of a motor vehicle by
the licensee.
    (b) The Secretary of State may either issue a special
restricted license or permit or may set forth such
restrictions upon the usual license or permit form.
    (c) The Secretary of State may issue a probationary
license to a person whose driving privileges have been
suspended pursuant to subsection (d) of this Section or
subsection (a)(2) of Section 6-206 of this Code. This
subsection (c) does not apply to any driver required to
possess a CDL for the purpose of operating a commercial motor
vehicle. The Secretary of State shall promulgate rules
pursuant to the Illinois Administrative Procedure Act, setting
forth the conditions and criteria for the issuance and
cancellation of probationary licenses.
    (d) The Secretary of State may upon receiving satisfactory
evidence of any violation of the restrictions of such license
or permit suspend, revoke or cancel the same without
preliminary hearing, but the licensee or permittee shall be
entitled to a hearing as in the case of a suspension or
revocation.
    (e) It is unlawful for any person to operate a motor
vehicle in any manner in violation of the restrictions imposed
on a restricted license or permit issued to him.
    (f) Whenever the holder of a restricted driving permit is
issued a citation for any of the following offenses including
similar local ordinances, the restricted driving permit is
immediately invalidated:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Act relating to
    the operation of a motor vehicle while under the influence
    of intoxicating liquor or narcotic drugs;
        3. Violation of Section 11-401 of this Act relating to
    the offense of leaving the scene of a traffic crash
    accident involving death or injury;
        4. Violation of Section 11-504 of this Act relating to
    the offense of drag racing; or
        5. Violation of Section 11-506 of this Act relating to
    the offense of street racing.
    The police officer issuing the citation shall confiscate
the restricted driving permit and forward it, along with the
citation, to the Clerk of the Circuit Court of the county in
which the citation was issued.
    (g) The Secretary of State may issue a special restricted
license for a period of 48 months to individuals using vision
aid arrangements other than standard eyeglasses or contact
lenses, allowing the operation of a motor vehicle during
nighttime hours. The Secretary of State shall adopt rules
defining the terms and conditions by which the individual may
obtain and renew this special restricted license. At a
minimum, all drivers must meet the following requirements:
        1. Possess a valid driver's license and have operated
    a motor vehicle during daylight hours for a period of 12
    months using vision aid arrangements other than standard
    eyeglasses or contact lenses.
        2. Have a driving record that does not include any
    traffic crashes accidents that occurred during nighttime
    hours, for which the driver has been found to be at fault,
    during the 12 months before he or she applied for the
    special restricted license.
        3. Successfully complete a road test administered
    during nighttime hours.
    The special restricted license holder must submit to the
Secretary annually a vision specialist report from his or her
ophthalmologist or optometrist that the special restricted
license holder's vision has not changed. If the special
restricted license holder fails to submit this vision
specialist report, the special restricted license shall be
cancelled under Section 6-201 of this Code.
    At a minimum, all drivers renewing this license must meet
the following requirements:
        1. Successfully complete a road test administered
    during nighttime hours.
        2. Have a driving record that does not include any
    traffic crashes accidents that occurred during nighttime
    hours, for which the driver has been found to be at fault,
    during the 12 months before he or she applied for the
    special restricted license.
    (h) Any driver issued a special restricted license as
defined in subsection (g) whose privilege to drive during
nighttime hours has been suspended due to a crash an accident
occurring during nighttime hours may request a hearing as
provided in Section 2-118 of this Code to contest that
suspension. If it is determined that the crash accident for
which the driver was at fault was not influenced by the
driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that
driver's privilege to drive during nighttime hours.
    (i) The Secretary of State may issue a special restricted
training permit for a period of 6 months to individuals using
vision aid arrangements other than standard eyeglasses or
contact lenses, allowing the operation of a motor vehicle
between sunset and 10:00 p.m. provided the driver is
accompanied by a person holding a valid driver's license
without nighttime operation restrictions. The Secretary may
adopt rules defining the terms and conditions by which the
individual may obtain and renew this special restricted
training permit. At a minimum, all persons applying for a
special restricted training permit must meet the following
requirements:
        1. Possess a valid driver's license and have operated
    a motor vehicle during daylight hours for a period of 6
    months using vision aid arrangements other than standard
    eyeglasses or contact lenses.
        2. Have a driving record that does not include any
    traffic crashes accidents, for which the person has been
    found to be at fault, during the 6 months before he or she
    applied for the special restricted training permit.
    (j) Whenever the Secretary of State has issued an
administrative order requiring an individual to use an
ignition interlock device after his or her driver's license
has been reinstated, that individual shall be issued a
driver's license containing the ignition interlock device
restriction. The administrative order shall set forth the
duration of the restriction and any other applicable terms and
conditions.
(Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78,
eff. 7-20-15; 99-289, eff. 8-6-15.)
 
    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
    Sec. 6-117. Records to be kept by the Secretary of State.
    (a) The Secretary of State shall file every application
for a license or permit accepted under this Chapter, and shall
maintain suitable indexes thereof. The records of the
Secretary of State shall indicate the action taken with
respect to such applications.
    (b) The Secretary of State shall maintain appropriate
records of all licenses and permits refused, cancelled,
disqualified, revoked, or suspended and of the revocation,
suspension, and disqualification of driving privileges of
persons not licensed under this Chapter, and such records
shall note the reasons for such action.
    (c) The Secretary of State shall maintain appropriate
records of convictions reported under this Chapter. Records of
conviction may be maintained in a computer processible medium.
    (d) The Secretary of State may also maintain appropriate
records of any crash accident reports received.
    (e) The Secretary of State shall also maintain appropriate
records of any disposition of supervision or records relative
to a driver's referral to a driver remedial or rehabilitative
program, as required by the Secretary of State or the courts.
Such records shall only be available for use by the Secretary,
the driver licensing administrator of any other state, law
enforcement agencies, the courts, and the affected driver or,
upon proper verification, such affected driver's attorney.
    (f) The Secretary of State shall also maintain or contract
to maintain appropriate records of all photographs and
signatures obtained in the process of issuing any driver's
license, permit, or identification card. The record shall be
confidential and shall not be disclosed except to those
entities listed under Section 6-110.1 of this Code.
    (g) The Secretary of State may establish a First Person
Consent organ and tissue donor registry in compliance with
subsection (b-1) of Section 5-20 of the Illinois Anatomical
Gift Act, as follows:
        (1) The Secretary shall offer, to each applicant for
    issuance or renewal of a driver's license or
    identification card who is 16 years of age or older, the
    opportunity to have his or her name included in the First
    Person Consent organ and tissue donor registry. The
    Secretary must advise the applicant or licensee that he or
    she is under no compulsion to have his or her name included
    in the registry. An individual who agrees to having his or
    her name included in the First Person Consent organ and
    tissue donor registry has given full legal consent to the
    donation of any of his or her organs or tissue upon his or
    her death. A brochure explaining this method of executing
    an anatomical gift must be given to each applicant for
    issuance or renewal of a driver's license or
    identification card. The brochure must advise the
    applicant or licensee (i) that he or she is under no
    compulsion to have his or her name included in this
    registry and (ii) that he or she may wish to consult with
    family, friends, or clergy before doing so.
        (2) The Secretary of State may establish additional
    methods by which an individual may have his or her name
    included in the First Person Consent organ and tissue
    donor registry.
        (3) When an individual has agreed to have his or her
    name included in the First Person Consent organ and tissue
    donor registry, the Secretary of State shall note that
    agreement in the First Person consent organ and tissue
    donor registry. Representatives of federally designated
    organ procurement agencies and tissue banks and the
    offices of Illinois county coroners and medical examiners
    may inquire of the Secretary of State whether a potential
    organ donor's name is included in the First Person Consent
    organ and tissue donor registry, and the Secretary of
    State may provide that information to the representative.
        (4) An individual may withdraw his or her consent to
    be listed in the First Person Consent organ and tissue
    donor registry maintained by the Secretary of State by
    notifying the Secretary of State in writing, or by any
    other means approved by the Secretary, of the individual's
    decision to have his or her name removed from the
    registry.
        (5) The Secretary of State may undertake additional
    efforts, including education and awareness activities, to
    promote organ and tissue donation.
        (6) In the absence of gross negligence or willful
    misconduct, the Secretary of State and his or her
    employees are immune from any civil or criminal liability
    in connection with an individual's consent to be listed in
    the organ and tissue donor registry.
(Source: P.A. 100-41, eff. 1-1-18.)
 
    (625 ILCS 5/6-117.2)
    Sec. 6-117.2. Emergency contact database.
    (a) The Secretary of State shall establish a database of
the emergency contacts of persons who hold a driver's license,
instruction permit, or any other type of driving permit issued
by the Secretary of State. Information in the database shall
be accessible only to employees of the Office of the Secretary
and law enforcement officers employed by a law enforcement
agency. Law enforcement officers may share information
contained in the emergency contact database, including
disabilities and special needs information, with other public
safety workers on scene, as needed to conduct official law
enforcement duties.
    (b) Any person holding a driver's license, instruction
permit, or any other type of driving permit issued by the
Secretary of State shall be afforded the opportunity to
provide the Secretary of State, in a manner and form
designated by the Secretary of State, the name, address,
telephone number, and relationship to the holder of no more
than 2 emergency contact persons whom the holder wishes to be
contacted by a law enforcement officer if the holder is
involved in a motor vehicle crash accident or other emergency
situation and the holder is unable to communicate with the
contact person or persons and may designate whether the holder
has a disability or is a special needs individual. A contact
person need not be the holder's next of kin.
    (c) The Secretary shall adopt rules to implement this
Section. At a minimum, the rules shall address all of the
following:
        (1) the method whereby a holder may provide the
    Secretary of State with emergency contact, disability, and
    special needs information;
        (2) the method whereby a holder may provide the
    Secretary of State with a change to the emergency contact,
    disability, and special needs information; and
        (3) any other aspect of the database or its operation
    that the Secretary determines is necessary to implement
    this Section.
    (d) If a person involved in a motor vehicle crash accident
or other emergency situation is unable to communicate with the
contact person or persons specified in the database, a law
enforcement officer shall make a good faith effort to notify
the contact person or persons of the situation. Neither the
law enforcement officer nor the law enforcement agency that
employs that law enforcement officer incurs any liability,
however, if the law enforcement officer is not able to make
contact with the contact person. Except for willful or wanton
misconduct, neither the law enforcement officer, nor the law
enforcement agency that employs the law enforcement officer,
shall incur any liability relating to the reporting or use of
the database during a motor vehicle crash accident or other
emergency situation.
    (e) The Secretary of State shall make a good faith effort
to maintain accurate data as provided by the driver's license
or instruction permit holder and to provide that information
to law enforcement as provided in subsection (a). The
Secretary of State is not liable for any damages, costs, or
expenses, including, without limitation, consequential
damages, arising or resulting from any inaccurate or
incomplete data or system unavailability. Except for willful
or wanton misconduct, the Secretary of State shall not incur
any liability relating to the reporting of disabilities or
special needs individuals.
    (f) As used in this Section:
    "Disability" means an individual's physical or mental
impairment that substantially limits one or more of the major
life activities; a record of such impairment; or when the
individual is regarded as having such impairment.
    "Public safety worker" means a person employed by this
State or a political subdivision thereof that provides
firefighting, law enforcement, medical or other emergency
services.
    "Special needs individuals" means those individuals who
have or are at increased risk for a chronic physical,
developmental, behavioral, or emotional condition and who also
require health and related services of a type or amount beyond
that required by individuals generally.
(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
    (625 ILCS 5/6-201)
    Sec. 6-201. Authority to cancel licenses and permits.
    (a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
        1. was not entitled to the issuance thereof hereunder;
    or
        2. failed to give the required or correct information
    in his application; or
        3. failed to pay any fees owed to the Secretary of
    State under this Code for the license or permit; or
        4. committed any fraud in the making of such
    application; or
        5. is ineligible therefor under the provisions of
    Section 6-103 of this Act, as amended; or
        6. has refused or neglected to submit an alcohol,
    drug, and intoxicating compound evaluation or to submit to
    examination or re-examination as required under this Act;
    or
        7. has been convicted of violating the Cannabis
    Control Act, the Illinois Controlled Substances Act, the
    Methamphetamine Control and Community Protection Act, or
    the Use of Intoxicating Compounds Act while that
    individual was in actual physical control of a motor
    vehicle. For purposes of this Section, any person placed
    on probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act shall not be considered convicted. Any
    person found guilty of this offense, while in actual
    physical control of a motor vehicle, shall have an entry
    made in the court record by the judge that this offense did
    occur while the person was in actual physical control of a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State as such. After the
    cancellation, the Secretary of State shall not issue a new
    license or permit for a period of one year after the date
    of cancellation. However, upon application, the Secretary
    of State may, if satisfied that the person applying will
    not endanger the public safety, or welfare, issue a
    restricted driving permit granting the privilege of
    driving a motor vehicle between the petitioner's residence
    and petitioner's place of employment or within the scope
    of the petitioner's employment related duties, or to allow
    transportation for the petitioner or a household member of
    the petitioner's family for the receipt of necessary
    medical care, or provide transportation for the petitioner
    to and from alcohol or drug remedial or rehabilitative
    activity recommended by a licensed service provider, or
    for the petitioner to attend classes, as a student, in an
    accredited educational institution. The petitioner must
    demonstrate that no alternative means of transportation is
    reasonably available; provided that the Secretary's
    discretion shall be limited to cases where undue hardship,
    as defined by the rules of the Secretary of State, would
    result from a failure to issue such restricted driving
    permit. In each case the Secretary of State may issue such
    restricted driving permit for such period as he deems
    appropriate, except that such permit shall expire no later
    than 2 years from the date of issuance. A restricted
    driving permit issued hereunder shall be subject to
    cancellation, revocation and suspension by the Secretary
    of State in like manner and for like cause as a driver's
    license issued hereunder may be cancelled, revoked or
    suspended; except that a conviction upon one or more
    offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension or cancellation of a restricted
    driving permit. The Secretary of State may, as a condition
    to the issuance of a restricted driving permit, require
    the applicant to participate in a driver remedial or
    rehabilitative program. In accordance with 49 C.F.R. 384,
    the Secretary of State may not issue a restricted driving
    permit for the operation of a commercial motor vehicle to
    a person holding a CDL whose driving privileges have been
    revoked, suspended, cancelled, or disqualified under this
    Code; or
        8. failed to submit a report as required by Section
    6-116.5 of this Code; or
        9. has been convicted of a sex offense as defined in
    the Sex Offender Registration Act. The driver's license
    shall remain cancelled until the driver registers as a sex
    offender as required by the Sex Offender Registration Act,
    proof of the registration is furnished to the Secretary of
    State and the sex offender provides proof of current
    address to the Secretary; or
        10. is ineligible for a license or permit under
    Section 6-107, 6-107.1, or 6-108 of this Code; or
        11. refused or neglected to appear at a Driver
    Services facility to have the license or permit corrected
    and a new license or permit issued or to present
    documentation for verification of identity; or
        12. failed to submit a medical examiner's certificate
    or medical variance as required by 49 C.F.R. 383.71 or
    submitted a fraudulent medical examiner's certificate or
    medical variance; or
        13. has had his or her medical examiner's certificate,
    medical variance, or both removed or rescinded by the
    Federal Motor Carrier Safety Administration; or
        14. failed to self-certify as to the type of driving
    in which the CDL driver engages or expects to engage; or
        15. has submitted acceptable documentation indicating
    out-of-state residency to the Secretary of State to be
    released from the requirement of showing proof of
    financial responsibility in this State; or
        16. was convicted of fraud relating to the testing or
    issuance of a CDL or CLP, in which case only the CDL or CLP
    shall be cancelled. After cancellation, the Secretary
    shall not issue a CLP or CDL for a period of one year from
    the date of cancellation; or
        17. has a special restricted license under subsection
    (g) of Section 6-113 of this Code and failed to submit the
    required annual vision specialist report that the special
    restricted license holder's vision has not changed; or
        18. has a special restricted license under subsection
    (g) of Section 6-113 of this Code and was convicted or
    received court supervision for a violation of this Code
    that occurred during nighttime hours or was involved in a
    motor vehicle crash accident during nighttime hours in
    which the restricted license holder was at fault; or
        19. has assisted an out-of-state resident in acquiring
    an Illinois driver's license or identification card by
    providing or allowing the out-of-state resident to use his
    or her Illinois address of residence and is complicit in
    distributing and forwarding the Illinois driver's license
    or identification card to the out-of-state resident.
    (b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
    (c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State shall have exclusive authority to
grant, issue, deny, cancel, suspend and revoke driving
privileges, drivers' licenses and restricted driving permits.
    (d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19;
101-623, eff. 7-1-20.)
 
    (625 ILCS 5/6-205)
    Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
    (a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, other drug
    or drugs, intoxicating compound or compounds, or any
    combination thereof;
        3. Any felony under the laws of any State or the
    federal government in the commission of which a motor
    vehicle was used;
        4. Violation of Section 11-401 of this Code relating
    to the offense of leaving the scene of a traffic crash
    accident involving death or personal injury;
        5. Perjury or the making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership or
    operation of motor vehicles;
        6. Conviction upon 3 charges of violation of Section
    11-503 of this Code relating to the offense of reckless
    driving committed within a period of 12 months;
        7. Conviction of any offense defined in Section 4-102
    of this Code if the person exercised actual physical
    control over the vehicle during the commission of the
    offense;
        8. Violation of Section 11-504 of this Code relating
    to the offense of drag racing;
        9. Violation of Chapters 8 and 9 of this Code;
        10. Violation of Section 12-5 of the Criminal Code of
    1961 or the Criminal Code of 2012 arising from the use of a
    motor vehicle;
        11. Violation of Section 11-204.1 of this Code
    relating to aggravated fleeing or attempting to elude a
    peace officer;
        12. Violation of paragraph (1) of subsection (b) of
    Section 6-507, or a similar law of any other state,
    relating to the unlawful operation of a commercial motor
    vehicle;
        13. Violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance if
    the driver has been previously convicted of a violation of
    that Section or a similar provision of a local ordinance
    and the driver was less than 21 years of age at the time of
    the offense;
        14. Violation of paragraph (a) of Section 11-506 of
    this Code or a similar provision of a local ordinance
    relating to the offense of street racing;
        15. A second or subsequent conviction of driving while
    the person's driver's license, permit or privileges was
    revoked for reckless homicide or a similar out-of-state
    offense;
        16. Any offense against any provision in this Code, or
    any local ordinance, regulating the movement of traffic
    when that offense was the proximate cause of the death of
    any person. Any person whose driving privileges have been
    revoked pursuant to this paragraph may seek to have the
    revocation terminated or to have the length of revocation
    reduced by requesting an administrative hearing with the
    Secretary of State prior to the projected driver's license
    application eligibility date;
        17. Violation of subsection (a-2) of Section 11-1301.3
    of this Code or a similar provision of a local ordinance;
        18. A second or subsequent conviction of illegal
    possession, while operating or in actual physical control,
    as a driver, of a motor vehicle, of any controlled
    substance prohibited under the Illinois Controlled
    Substances Act, any cannabis prohibited under the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act. A
    defendant found guilty of this offense while operating a
    motor vehicle shall have an entry made in the court record
    by the presiding judge that this offense did occur while
    the defendant was operating a motor vehicle and order the
    clerk of the court to report the violation to the
    Secretary of State;
        19. Violation of subsection (a) of Section 11-1414 of
    this Code, or a similar provision of a local ordinance,
    relating to the offense of overtaking or passing of a
    school bus when the driver, in committing the violation,
    is involved in a motor vehicle crash accident that results
    in death to another and the violation is a proximate cause
    of the death.
    (b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
        1. Of any minor upon receiving the notice provided for
    in Section 5-901 of the Juvenile Court Act of 1987 that the
    minor has been adjudicated under that Act as having
    committed an offense relating to motor vehicles prescribed
    in Section 4-103 of this Code;
        2. Of any person when any other law of this State
    requires either the revocation or suspension of a license
    or permit;
        3. Of any person adjudicated under the Juvenile Court
    Act of 1987 based on an offense determined to have been
    committed in furtherance of the criminal activities of an
    organized gang as provided in Section 5-710 of that Act,
    and that involved the operation or use of a motor vehicle
    or the use of a driver's license or permit. The revocation
    shall remain in effect for the period determined by the
    court.
    (c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to a
medical facility for the receipt of necessary medical care or
to allow the petitioner to transport himself or herself to and
from alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit.
    (1.5) A person subject to the provisions of paragraph 4 of
subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of release
from a period of imprisonment resulting from a conviction of
the most recent offense, whichever is later, provided the
person, in addition to all other requirements of the
Secretary, shows by clear and convincing evidence:
        (A) a minimum of 3 years of uninterrupted abstinence
    from alcohol and the unlawful use or consumption of
    cannabis under the Cannabis Control Act, a controlled
    substance under the Illinois Controlled Substances Act, an
    intoxicating compound under the Use of Intoxicating
    Compounds Act, or methamphetamine under the
    Methamphetamine Control and Community Protection Act; and
        (B) the successful completion of any rehabilitative
    treatment and involvement in any ongoing rehabilitative
    activity that may be recommended by a properly licensed
    service provider according to an assessment of the
    person's alcohol or drug use under Section 11-501.01 of
    this Code.
    In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including, but
not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject to
the provisions of paragraph 4 of subsection (b) of Section
6-208 of this Code and who have been convicted of more than one
violation of paragraph (3), paragraph (4), or paragraph (5) of
subsection (a) of Section 11-501 of this Code shall not be
eligible to apply for a restricted driving permit.
    A restricted driving permit issued under this paragraph
(1.5) shall provide that the holder may only operate motor
vehicles equipped with an ignition interlock device as
required under paragraph (2) of subsection (c) of this Section
and subparagraph (A) of paragraph 3 of subsection (c) of
Section 6-206 of this Code. The Secretary may revoke a
restricted driving permit or amend the conditions of a
restricted driving permit issued under this paragraph (1.5) if
the holder operates a vehicle that is not equipped with an
ignition interlock device, or for any other reason authorized
under this Code.
    A restricted driving permit issued under this paragraph
(1.5) shall be revoked, and the holder barred from applying
for or being issued a restricted driving permit in the future,
if the holder is subsequently convicted of a violation of
Section 11-501 of this Code, a similar provision of a local
ordinance, or a similar offense in another state.
    (2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a combination
of these offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
    (3) If:
        (A) a person's license or permit is revoked or
    suspended 2 or more times due to any combination of:
            (i) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012, where the use of alcohol or
        other drugs is recited as an element of the offense, or
        a similar out-of-state offense; or
            (ii) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (iii) a suspension pursuant to Section 6-203.1;
    arising out of separate occurrences; or
        (B) a person has been convicted of one violation of
    subparagraph (C) or (F) of paragraph (1) of subsection (d)
    of Section 11-501 of this Code, Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    relating to the offense of reckless homicide where the use
    of alcohol or other drugs was recited as an element of the
    offense, or a similar provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
    (4) The person issued a permit conditioned on the use of an
ignition interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
    (5) If the restricted driving permit is issued for
employment purposes, then the prohibition against operating a
motor vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within a
5-year period, is convicted of a second or subsequent offense
under Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, this
employment exemption does not apply until either a one-year
period has elapsed during which that person had his or her
driving privileges revoked or a one-year period has elapsed
during which that person had a restricted driving permit which
required the use of an ignition interlock device on every
motor vehicle owned or operated by that person.
    (6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the permit
holder does not successfully complete the program. However, if
an individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this
Section, no restricted driving permit shall be issued until
the individual has served 6 months of the revocation period.
    (c-5) (Blank).
    (c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for
a violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
    (c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state
offense, the person may never apply for a license or permit.
    (d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or
welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of
5 a.m. and 9 p.m. or as otherwise provided by this Section for
a period of one year. After this one-year period, and upon
reapplication for a license as provided in Section 6-106, upon
payment of the appropriate reinstatement fee provided under
paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license
and driving privileges, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 24 months
each.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating
    Section 11-501 of this Code or a similar provision of a
    local ordinance or a similar out-of-state offense, or
    Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, where the use of alcohol or other drugs is
    recited as an element of the offense, or a similar
    out-of-state offense, or a combination of these offenses,
    arising out of separate occurrences, that person, if
    issued a restricted driving permit, may not operate a
    vehicle unless it has been equipped with an ignition
    interlock device as defined in Section 1-129.1.
        (3) If a person's license or permit is revoked or
    suspended 2 or more times due to any combination of:
            (A) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012, where the use of alcohol or
        other drugs is recited as an element of the offense, or
        a similar out-of-state offense; or
            (B) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (C) a suspension pursuant to Section 6-203.1;
    arising out of separate occurrences, that person, if
    issued a restricted driving permit, may not operate a
    vehicle unless it has been equipped with an ignition
    interlock device as defined in Section 1-129.1.
        (3.5) If a person's license or permit is revoked or
    suspended due to a conviction for a violation of
    subparagraph (C) or (F) of paragraph (1) of subsection (d)
    of Section 11-501 of this Code, or a similar provision of a
    local ordinance or similar out-of-state offense, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned upon the
    use of an interlock device must pay to the Secretary of
    State DUI Administration Fund an amount not to exceed $30
    per month. The Secretary shall establish by rule the
    amount and the procedures, terms, and conditions relating
    to these fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against driving
    a vehicle that is not equipped with an ignition interlock
    device does not apply to the operation of an occupational
    vehicle owned or leased by that person's employer when
    used solely for employment purposes. For any person who,
    within a 5-year period, is convicted of a second or
    subsequent offense under Section 11-501 of this Code, or a
    similar provision of a local ordinance or similar
    out-of-state offense, this employment exemption does not
    apply until either a one-year period has elapsed during
    which that person had his or her driving privileges
    revoked or a one-year period has elapsed during which that
    person had a restricted driving permit which required the
    use of an ignition interlock device on every motor vehicle
    owned or operated by that person.
        (6) A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like manner and
    for like cause as a driver's license issued under this
    Code may be cancelled, revoked, or suspended; except that
    a conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit.
    (d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
    (e) This Section is subject to the provisions of the
Driver License Compact.
    (f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
    (g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
    (h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an
amount not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5)
of this Section. Regardless of whether an exemption under
subdivision (c) (5) or (d) (5) applies, every person subject
to this subsection shall not be eligible for reinstatement
until the person installs an ignition interlock device and
maintains the ignition interlock device for 5 years.
    (i) (Blank).
    (j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
    (k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
 
    (625 ILCS 5/6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required
    upon conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12-month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to a crash an accident resulting in
    injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that any suspension or revocation imposed by the Secretary
    of State under the provisions of this subsection shall
    start no later than 6 months after being convicted of
    violating a law or ordinance regulating the movement of
    traffic, which violation is related to the crash accident,
    or shall start not more than one year after the date of the
    crash accident, whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit
    under the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of
    this State when the person's driving privilege or
    privilege to obtain a driver's license or permit was
    revoked or suspended unless the operation was authorized
    by a monitoring device driving permit, judicial driving
    permit issued prior to January 1, 2009, probationary
    license to drive, or restricted driving permit issued
    under this Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of
    this State when the person's driver's license or permit
    was invalid under the provisions of Sections 6-107.1 and
    6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
    14B of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of
    the Criminal Code of 1961 or the Criminal Code of 2012
    relating to criminal trespass to vehicles if the person
    exercised actual physical control over the vehicle during
    the commission of the offense, in which case the
    suspension shall be for one year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the
    person has not sought a hearing as provided for in Section
    11-501.1;
        18. (Blank);
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of a crash an
    accident resulting in damage to a vehicle in excess of
    $1,000, in which case the suspension shall be for one
    year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 or the Criminal Code of 2012
    relating to unlawful use of weapons, in which case the
    suspension shall be for one year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois or in
    another state of or for a traffic-related offense that is
    the same as or similar to an offense specified under
    Section 6-205 or 6-206 of this Code;
        25. Has permitted any form of identification to be
    used by another in the application process in order to
    obtain or attempt to obtain a license, identification
    card, or permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. (Blank);
        28. Has been convicted for a first time of the illegal
    possession, while operating or in actual physical control,
    as a driver, of a motor vehicle, of any controlled
    substance prohibited under the Illinois Controlled
    Substances Act, any cannabis prohibited under the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act, in
    which case the person's driving privileges shall be
    suspended for one year. Any defendant found guilty of this
    offense while operating a motor vehicle shall have an
    entry made in the court record by the presiding judge that
    this offense did occur while the defendant was operating a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle:
    criminal sexual assault, predatory criminal sexual assault
    of a child, aggravated criminal sexual assault, criminal
    sexual abuse, aggravated criminal sexual abuse, juvenile
    pimping, soliciting for a juvenile prostitute, promoting
    juvenile prostitution as described in subdivision (a)(1),
    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
    of 1961 or the Criminal Code of 2012, and the manufacture,
    sale or delivery of controlled substances or instruments
    used for illegal drug use or abuse in which case the
    driver's driving privileges shall be suspended for one
    year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 of this Code or Section 5-16c of the Boat
    Registration and Safety Act or has submitted to a test
    resulting in an alcohol concentration of 0.08 or more or
    any amount of a drug, substance, or compound resulting
    from the unlawful use or consumption of cannabis as listed
    in the Cannabis Control Act, a controlled substance as
    listed in the Illinois Controlled Substances Act, an
    intoxicating compound as listed in the Use of Intoxicating
    Compounds Act, or methamphetamine as listed in the
    Methamphetamine Control and Community Protection Act, in
    which case the penalty shall be as prescribed in Section
    6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 or the Criminal Code of 2012
    relating to the aggravated discharge of a firearm if the
    offender was located in a motor vehicle at the time the
    firearm was discharged, in which case the suspension shall
    be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this
    Code or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code or a similar provision of a local ordinance;
        35. Has committed a violation of Section 11-1301.6 of
    this Code or a similar provision of a local ordinance;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24-month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance and the person was an occupant of a motor
    vehicle at the time of the violation;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code, a similar provision of a
    local ordinance, or a similar violation in any other state
    within 2 years of the date of the previous violation, in
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code or a similar provision of a
    local ordinance;
        43. Has received a disposition of court supervision
    for a violation of subsection (a), (d), or (e) of Section
    6-20 of the Liquor Control Act of 1934 or a similar
    provision of a local ordinance and the person was an
    occupant of a motor vehicle at the time of the violation,
    in which case the suspension shall be for a period of 3
    months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section;
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person;
        46. Has committed a violation of subsection (j) of
    Section 3-413 of this Code;
        47. Has committed a violation of subsection (a) of
    Section 11-502.1 of this Code;
        48. Has submitted a falsified or altered medical
    examiner's certificate to the Secretary of State or
    provided false information to obtain a medical examiner's
    certificate;
        49. Has been convicted of a violation of Section
    11-1002 or 11-1002.5 that resulted in a Type A injury to
    another, in which case the driving privileges of the
    person shall be suspended for 12 months; or
        50. Has committed a violation of subsection (b-5) of
    Section 12-610.2 that resulted in great bodily harm,
    permanent disability, or disfigurement, in which case the
    driving privileges of the person shall be suspended for 12
    months.; or 50
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
    2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
    The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
    Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
    3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from daycare. The petitioner must demonstrate
that no alternative means of transportation is reasonably
available and that the petitioner will not endanger the public
safety or welfare.
        (A) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating
    Section 11-501 of this Code or a similar provision of a
    local ordinance or a similar out-of-state offense, or
    Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, where the use of alcohol or other drugs is
    recited as an element of the offense, or a similar
    out-of-state offense, or a combination of these offenses,
    arising out of separate occurrences, that person, if
    issued a restricted driving permit, may not operate a
    vehicle unless it has been equipped with an ignition
    interlock device as defined in Section 1-129.1.
        (B) If a person's license or permit is revoked or
    suspended 2 or more times due to any combination of:
            (i) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense or Section
        9-3 of the Criminal Code of 1961 or the Criminal Code
        of 2012, where the use of alcohol or other drugs is
        recited as an element of the offense, or a similar
        out-of-state offense; or
            (ii) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (iii) a suspension under Section 6-203.1;
    arising out of separate occurrences; that person, if
    issued a restricted driving permit, may not operate a
    vehicle unless it has been equipped with an ignition
    interlock device as defined in Section 1-129.1.
        (B-5) If a person's license or permit is revoked or
    suspended due to a conviction for a violation of
    subparagraph (C) or (F) of paragraph (1) of subsection (d)
    of Section 11-501 of this Code, or a similar provision of a
    local ordinance or similar out-of-state offense, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (C) The person issued a permit conditioned upon the
    use of an ignition interlock device must pay to the
    Secretary of State DUI Administration Fund an amount not
    to exceed $30 per month. The Secretary shall establish by
    rule the amount and the procedures, terms, and conditions
    relating to these fees.
        (D) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that
    person's employer when used solely for employment
    purposes. For any person who, within a 5-year period, is
    convicted of a second or subsequent offense under Section
    11-501 of this Code, or a similar provision of a local
    ordinance or similar out-of-state offense, this employment
    exemption does not apply until either a one-year period
    has elapsed during which that person had his or her
    driving privileges revoked or a one-year period has
    elapsed during which that person had a restricted driving
    permit which required the use of an ignition interlock
    device on every motor vehicle owned or operated by that
    person.
        (E) In each case the Secretary may issue a restricted
    driving permit for a period deemed appropriate, except
    that all permits shall expire no later than 2 years from
    the date of issuance. A restricted driving permit issued
    under this Section shall be subject to cancellation,
    revocation, and suspension by the Secretary of State in
    like manner and for like cause as a driver's license
    issued under this Code may be cancelled, revoked, or
    suspended; except that a conviction upon one or more
    offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension, or cancellation of a
    restricted driving permit. The Secretary of State may, as
    a condition to the issuance of a restricted driving
    permit, require the applicant to participate in a
    designated driver remedial or rehabilitative program. The
    Secretary of State is authorized to cancel a restricted
    driving permit if the permit holder does not successfully
    complete the program.
        (F) A person subject to the provisions of paragraph 4
    of subsection (b) of Section 6-208 of this Code may make
    application for a restricted driving permit at a hearing
    conducted under Section 2-118 of this Code after the
    expiration of 5 years from the effective date of the most
    recent revocation or after 5 years from the date of
    release from a period of imprisonment resulting from a
    conviction of the most recent offense, whichever is later,
    provided the person, in addition to all other requirements
    of the Secretary, shows by clear and convincing evidence:
            (i) a minimum of 3 years of uninterrupted
        abstinence from alcohol and the unlawful use or
        consumption of cannabis under the Cannabis Control
        Act, a controlled substance under the Illinois
        Controlled Substances Act, an intoxicating compound
        under the Use of Intoxicating Compounds Act, or
        methamphetamine under the Methamphetamine Control and
        Community Protection Act; and
            (ii) the successful completion of any
        rehabilitative treatment and involvement in any
        ongoing rehabilitative activity that may be
        recommended by a properly licensed service provider
        according to an assessment of the person's alcohol or
        drug use under Section 11-501.01 of this Code.
        In determining whether an applicant is eligible for a
    restricted driving permit under this subparagraph (F), the
    Secretary may consider any relevant evidence, including,
    but not limited to, testimony, affidavits, records, and
    the results of regular alcohol or drug tests. Persons
    subject to the provisions of paragraph 4 of subsection (b)
    of Section 6-208 of this Code and who have been convicted
    of more than one violation of paragraph (3), paragraph
    (4), or paragraph (5) of subsection (a) of Section 11-501
    of this Code shall not be eligible to apply for a
    restricted driving permit under this subparagraph (F).
        A restricted driving permit issued under this
    subparagraph (F) shall provide that the holder may only
    operate motor vehicles equipped with an ignition interlock
    device as required under paragraph (2) of subsection (c)
    of Section 6-205 of this Code and subparagraph (A) of
    paragraph 3 of subsection (c) of this Section. The
    Secretary may revoke a restricted driving permit or amend
    the conditions of a restricted driving permit issued under
    this subparagraph (F) if the holder operates a vehicle
    that is not equipped with an ignition interlock device, or
    for any other reason authorized under this Code.
        A restricted driving permit issued under this
    subparagraph (F) shall be revoked, and the holder barred
    from applying for or being issued a restricted driving
    permit in the future, if the holder is convicted of a
    violation of Section 11-501 of this Code, a similar
    provision of a local ordinance, or a similar offense in
    another state.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Driver License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
 
    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
    Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
    (a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
        1. twelve months from the effective date of the
    statutory summary suspension for a refusal or failure to
    complete a test or tests to determine the alcohol, other
    drug, or intoxicating compound concentration under Section
    11-501.1, if the person was not involved in a motor
    vehicle crash accident that caused personal injury or
    death to another; or
        2. six months from the effective date of the statutory
    summary suspension imposed following the person's
    submission to a chemical test which disclosed an alcohol
    concentration of 0.08 or more, the presence of cannabis as
    listed in the Cannabis Control Act with a
    tetrahydrocannabinol concentration as defined in paragraph
    6 of subsection (a) of Section 11-501.2 of this Code, or
    any amount of a drug, substance, or intoxicating compound
    in such person's breath, blood, other bodily substance, or
    urine resulting from the unlawful use or consumption of a
    controlled substance listed in the Illinois Controlled
    Substances Act, an intoxicating compound listed in the Use
    of Intoxicating Compounds Act, or methamphetamine as
    listed in the Methamphetamine Control and Community
    Protection Act, pursuant to Section 11-501.1; or
        3. three years from the effective date of the
    statutory summary suspension for any person other than a
    first offender who refuses or fails to complete a test or
    tests to determine the alcohol, drug, or intoxicating
    compound concentration pursuant to Section 11-501.1; or
        4. one year from the effective date of the summary
    suspension imposed for any person other than a first
    offender following submission to a chemical test which
    disclosed an alcohol concentration of 0.08 or more
    pursuant to Section 11-501.1, the presence of cannabis as
    listed in the Cannabis Control Act with a
    tetrahydrocannabinol concentration as defined in paragraph
    6 of subsection (a) of Section 11-501.2 of this Code, or
    any amount of a drug, substance or compound in such
    person's blood, other bodily substance, or urine resulting
    from the unlawful use or consumption of a controlled
    substance listed in the Illinois Controlled Substances
    Act, an intoxicating compound listed in the Use of
    Intoxicating Compounds Act, or methamphetamine as listed
    in the Methamphetamine Control and Community Protection
    Act; or
        5. (Blank).
    (b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If
the court has reason to believe that the person's driving
privilege should not be restored, the court shall notify the
Secretary of State prior to the expiration of the statutory
summary suspension so appropriate action may be taken pursuant
to this Code.
    (c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
    (d) Where a driving privilege has been summarily suspended
or revoked under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or
revocation shall be credited toward the minimum period of
revocation of driving privileges imposed pursuant to Section
6-205.
    (e) A first offender who refused chemical testing and
whose driving privileges were summarily revoked pursuant to
Section 11-501.1 shall not be eligible for a monitoring device
driving permit, but may make application for reinstatement or
for a restricted driving permit after a period of one year has
elapsed from the effective date of the revocation.
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff.
7-29-16.)
 
    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303. Driving while driver's license, permit, or
privilege to operate a motor vehicle is suspended or revoked.
    (a) Except as otherwise provided in subsection (a-5) or
(a-7), any person who drives or is in actual physical control
of a motor vehicle on any highway of this State at a time when
such person's driver's license, permit, or privilege to do so
or the privilege to obtain a driver's license or permit is
revoked or suspended as provided by this Code or the law of
another state, except as may be specifically allowed by a
judicial driving permit issued prior to January 1, 2009,
monitoring device driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code or
under the law of another state, shall be guilty of a Class A
misdemeanor.
    (a-3) A second or subsequent violation of subsection (a)
of this Section is a Class 4 felony if committed by a person
whose driving or operation of a motor vehicle is the proximate
cause of a motor vehicle crash accident that causes personal
injury or death to another. For purposes of this subsection, a
personal injury includes any Type A injury as indicated on the
traffic crash accident report completed by a law enforcement
officer that requires immediate professional attention in
either a doctor's office or a medical facility. A Type A injury
includes severe bleeding wounds, distorted extremities, and
injuries that require the injured party to be carried from the
scene.
    (a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit, or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation
of subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause
of a death, or a similar provision of a law of another state,
is guilty of a Class 4 felony. The person shall be required to
undergo a professional evaluation, as provided in Section
11-501 of this Code, to determine if an alcohol, drug, or
intoxicating compound problem exists and the extent of the
problem, and to undergo the imposition of treatment as
appropriate.
    (a-7) Any person who violates this Section as provided in
subsection (a) while his or her driver's license or privilege
to drive is suspended under Section 6-306.5 or 7-702 of this
Code shall receive a Uniform Traffic Citation from the law
enforcement officer. A person who receives 3 or more Uniform
Traffic Citations under this subsection (a-7) without paying
any fees associated with the citations shall be guilty of a
Class A misdemeanor.
    (a-10) A person's driver's license, permit, or privilege
to obtain a driver's license or permit may be subject to
multiple revocations, multiple suspensions, or any combination
of both simultaneously. No revocation or suspension shall
serve to negate, invalidate, cancel, postpone, or in any way
lessen the effect of any other revocation or suspension
entered prior or subsequent to any other revocation or
suspension.
    (b) (Blank).
    (b-1) Except for a person under subsection (a-7) of this
Section, upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit, or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit, or monitoring
device driving permit, the Secretary shall extend the
suspension for the same period of time as the originally
imposed suspension unless the suspension has already expired,
in which case the Secretary shall be authorized to suspend the
person's driving privileges for the same period of time as the
originally imposed suspension.
    (b-2) Except as provided in subsection (b-6) or (a-7),
upon receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit, or privilege was revoked by
the Secretary of State or the driver's license administrator
of any other state, except as specifically allowed by a
restricted driving permit issued pursuant to this Code or the
law of another state, the Secretary shall not issue a driver's
license for an additional period of one year from the date of
such conviction indicating such person was operating a vehicle
during such period of revocation.
    (b-3) (Blank).
    (b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating
a motor vehicle that was not equipped with an ignition
interlock device during a time when the person was prohibited
from operating a motor vehicle not equipped with such a
device, the Secretary shall not issue a driver's license to
that person for an additional period of one year from the date
of the conviction.
    (b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause
of a death, or a similar provision of a law of another state.
The court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
    (b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit, or privilege was revoked where the revocation was for
a violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of 3 years from the date of such conviction.
    (c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, any other
    drug or any combination thereof; or
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code or a similar provision of a local ordinance
    relating to the offense of leaving the scene of a motor
    vehicle crash accident involving personal injury or death;
    or
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code.
    Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
    (c-1) Except as provided in subsections (a-7), (c-5), and
(d), any person convicted of a second violation of this
Section shall be ordered by the court to serve a minimum of 100
hours of community service. The court may give credit toward
the fulfillment of community service hours for participation
in activities and treatment as determined by court services.
    (c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
        (1) Seizure of the license plates of the person's
    vehicle.
        (2) Immobilization of the person's vehicle for a
    period of time to be determined by the court.
    (c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a monitoring
device driving permit shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
    (c-4) Any person who has been issued a monitoring device
driving permit or a restricted driving permit which requires
the person to operate only motor vehicles equipped with an
ignition interlock device and who is convicted of a violation
of this Section as a result of operating or being in actual
physical control of a motor vehicle not equipped with an
ignition interlock device at the time of the offense shall be
guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
    (c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a
mandatory term of imprisonment, if:
         (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless
    homicide, or a violation of subparagraph (F) of paragraph
    (1) of subsection (d) of Section 11-501 of this Code,
    relating to the offense of aggravated driving under the
    influence of alcohol, other drug or drugs, or intoxicating
    compound or compounds, or any combination thereof when the
    violation was a proximate cause of a death, or a similar
    out-of-state offense; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012 relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or
    was suspended or revoked for a violation of Section 11-401
    or 11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of
    this Code, a similar out-of-state offense, a similar
    provision of a local ordinance, or a statutory summary
    suspension or revocation under Section 11-501.1 of this
    Code, or for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense.
    The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
    (d-1) Except as provided in subsections (a-7), (d-2),
(d-2.5), and (d-3), any person convicted of a third or
subsequent violation of this Section shall serve a minimum
term of imprisonment of 30 days or 300 hours of community
service, as determined by the court. The court may give credit
toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
    (d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of
    this Code, a similar out-of-state offense, a similar
    provision of a local ordinance, or a statutory summary
    suspension or revocation under Section 11-501.1 of this
    Code, or for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense.
    (d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
        (1) the current violation occurred while the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless
    homicide, or a violation of subparagraph (F) of paragraph
    (1) of subsection (d) of Section 11-501 of this Code,
    relating to the offense of aggravated driving under the
    influence of alcohol, other drug or drugs, or intoxicating
    compound or compounds, or any combination thereof when the
    violation was a proximate cause of a death, or a similar
    out-of-state offense. The person's driving privileges
    shall be revoked for the remainder of the person's life;
    and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or
    was suspended or revoked for a violation of Section 11-401
    or 11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of
    this Code, a similar out-of-state offense, a similar
    provision of a local ordinance, or a statutory summary
    suspension or revocation under Section 11-501.1 of this
    Code, or for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense.
    (d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, must serve a
mandatory term of imprisonment, and is eligible for an
extended term, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless
    homicide, or a violation of subparagraph (F) of paragraph
    (1) of subsection (d) of Section 11-501 of this Code,
    relating to the offense of aggravated driving under the
    influence of alcohol, other drug or drugs, or intoxicating
    compound or compounds, or any combination thereof when the
    violation was a proximate cause of a death, or a similar
    out-of-state offense; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or
    was suspended or revoked for a violation of Section 11-401
    or 11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of
    this Code, a similar out-of-state offense, a similar
    provision of a local ordinance, or a statutory suspension
    or revocation under Section 11-501.1 of this Code, or for
    a violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of
    this Code, a similar out-of-state offense, a similar
    provision of a local ordinance, or a statutory summary
    suspension or revocation under Section 11-501.1 of this
    Code, or for a violation of Section 9-3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense.
    (e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
    (f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be
admitted as proof of any prior conviction.
    (g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code, a
    similar provision of a local ordinance, or a similar
    provision of a law of another state;
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code, a similar provision of a local ordinance, or a
    similar provision of a law of another state;
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code or a similar provision of a
    law of another state; or
        (4) a violation of Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to the offense
    of reckless homicide, or a violation of subparagraph (F)
    of paragraph (1) of subsection (d) of Section 11-501 of
    this Code, relating to the offense of aggravated driving
    under the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar provision of a law of another state.
(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18;
100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
    Sec. 6-402. Qualifications of driver training schools. In
order to qualify for a license to operate a driver training
school, each applicant must:
        (a) be of good moral character;
        (b) be at least 21 years of age;
        (c) maintain an established place of business open to
    the public which meets the requirements of Section 6-403
    through 6-407;
        (d) maintain bodily injury and property damage
    liability insurance on motor vehicles while used in
    driving instruction, insuring the liability of the driving
    school, the driving instructors and any person taking
    instruction in at least the following amounts: $50,000 for
    bodily injury to or death of one person in any one crash
    accident and, subject to said limit for one person,
    $100,000 for bodily injury to or death of 2 or more persons
    in any one crash accident and the amount of $10,000 for
    damage to property of others in any one crash accident.
    Evidence of such insurance coverage in the form of a
    certificate from the insurance carrier shall be filed with
    the Secretary of State, and such certificate shall
    stipulate that the insurance shall not be cancelled except
    upon 10 days prior written notice to the Secretary of
    State. The decal showing evidence of insurance shall be
    affixed to the windshield of the vehicle;
        (e) provide a continuous surety company bond in the
    principal sum of $10,000 for a non-accredited school,
    $40,000 for a CDL or teenage accredited school, $60,000
    for a CDL accredited and teenage accredited school,
    $50,000 for a CDL or teenage accredited school with 3 or
    more licensed branches, $70,000 for a CDL accredited and
    teenage accredited school with 3 or more licensed branches
    for the protection of the contractual rights of students
    in such form as will meet with the approval of the
    Secretary of State and written by a company authorized to
    do business in this State. However, the aggregate
    liability of the surety for all breaches of the condition
    of the bond in no event shall exceed the principal sum of
    $10,000 for a non-accredited school, $40,000 for a CDL or
    teenage accredited school, $60,000 for a CDL accredited
    and teenage accredited school, $50,000 for a CDL or
    teenage accredited school with 3 or more licensed
    branches, $70,000 for a CDL accredited and teenage
    accredited school with 3 or more licensed branches. The
    surety on any such bond may cancel such bond on giving 30
    days notice thereof in writing to the Secretary of State
    and shall be relieved of liability for any breach of any
    conditions of the bond which occurs after the effective
    date of cancellation;
        (f) have the equipment necessary to the giving of
    proper instruction in the operation of motor vehicles;
        (g) have and use a business telephone listing for all
    business purposes;
        (h) pay to the Secretary of State an application fee
    of $500 and $50 for each branch application; and
        (i) authorize an investigation to include a
    fingerprint based background check to determine if the
    applicant has ever been convicted of a crime and if so, the
    disposition of those convictions. The authorization shall
    indicate the scope of the inquiry and the agencies that
    may be contacted. Upon this authorization, the Secretary
    of State may request and receive information and
    assistance from any federal, State, or local governmental
    agency as part of the authorized investigation. Each
    applicant shall have his or her fingerprints submitted to
    the Illinois State Police in the form and manner
    prescribed by the Illinois State Police. The fingerprints
    shall be checked against the Illinois State Police and
    Federal Bureau of Investigation criminal history record
    information databases. The Illinois State Police shall
    charge a fee for conducting the criminal history records
    check, which shall be deposited in the State Police
    Services Fund and shall not exceed the actual cost of the
    records check. The applicant shall be required to pay all
    related fingerprint fees including, but not limited to,
    the amounts established by the Illinois State Police and
    the Federal Bureau of Investigation to process fingerprint
    based criminal background investigations. The Illinois
    State Police shall provide information concerning any
    criminal convictions and disposition of criminal
    convictions brought against the applicant upon request of
    the Secretary of State provided that the request is made
    in the form and manner required by the Illinois State
    Police. Unless otherwise prohibited by law, the
    information derived from the investigation including the
    source of the information and any conclusions or
    recommendations derived from the information by the
    Secretary of State shall be provided to the applicant, or
    his designee, upon request to the Secretary of State,
    prior to any final action by the Secretary of State on the
    application. Any criminal convictions and disposition
    information obtained by the Secretary of State shall be
    confidential and may not be transmitted outside the Office
    of the Secretary of State, except as required herein, and
    may not be transmitted to anyone within the Office of the
    Secretary of State except as needed for the purpose of
    evaluating the applicant. At any administrative hearing
    held under Section 2-118 of this Code relating to the
    denial, cancellation, suspension, or revocation of a
    driver training school license, the Secretary of State is
    authorized to utilize at that hearing any criminal
    histories, criminal convictions, and disposition
    information obtained under this Section. The information
    obtained from the investigation may be maintained by the
    Secretary of State or any agency to which the information
    was transmitted. Only information and standards, which
    bear a reasonable and rational relation to the performance
    of a driver training school owner, shall be used by the
    Secretary of State. Any employee of the Secretary of State
    who gives or causes to be given away any confidential
    information concerning any criminal charges or disposition
    of criminal charges of an applicant shall be guilty of a
    Class A misdemeanor, unless release of the information is
    authorized by this Section.
    No license shall be issued under this Section to a person
who is a spouse, offspring, sibling, parent, grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of the person whose license to do business at that location has
been revoked or denied or to a person who was an officer or
employee of a business firm that has had its license revoked or
denied, unless the Secretary of State is satisfied the
application was submitted in good faith and not for the
purpose or effect of defeating the intent of this Code.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (625 ILCS 5/6-420)  (from Ch. 95 1/2, par. 6-420)
    Sec. 6-420. Denial, Cancellation, Suspension, Revocation
and Failure to Renew License. The Secretary may deny, cancel,
suspend or revoke, or refuse to renew any driver training
school license or any driver training instructor license:
</