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Public Act 097-0844 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-205, 6-206, 11-1301.3, 11-1301.5, and 11-1301.6 as | ||||
follows:
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(625 ILCS 5/6-205)
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Sec. 6-205. Mandatory revocation of license or permit; | ||||
Hardship cases.
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(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:
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1. Reckless homicide resulting from the operation of a | ||||
motor vehicle;
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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
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drugs, intoxicating compound or compounds, or any | ||||
combination thereof;
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3. Any felony under the laws of any State or the | ||||
federal government
in the commission of which a motor |
vehicle was used;
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4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
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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;
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7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
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8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
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10. Violation of Section 12-5 of the Criminal Code of | ||
1961 arising from
the use of a motor vehicle;
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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. | ||
(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following | ||
situations:
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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. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
| ||
(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 disabled persons 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. Those multiple offenders identified in | ||
subdivision (b)4 of Section 6-208 of this Code, however, shall | ||
not be eligible for the issuance of a restricted driving | ||
permit.
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(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, 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 within a 10 year period 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, 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 | ||
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, 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;
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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. | ||
(6)
In each case the Secretary of State may issue a
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restricted driving permit for a period he deems | ||
appropriate, except that the
permit shall expire within one |
year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961, where the use of alcohol or other | ||
drugs is recited as an element of the offense, or any | ||
similar out-of-state offense, or any combination of these | ||
offenses, until the expiration of at least one year from | ||
the date of the
revocation. 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).
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(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 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 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
12 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, 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
within a 10 year period 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, 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. | ||
(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. | ||
(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, | ||
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.
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(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 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.
| ||
(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.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 97-333, eff. 8-12-11.)
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(625 ILCS 5/6-206)
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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 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 accident, or shall start not | ||
more than one year
after
the date of the 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 a 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 Act, 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 relating to criminal trespass to | ||
vehicles 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. Has, since issuance of a driver's license or | ||
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease;
| ||
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 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 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 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. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934;
| ||
28. Has been convicted 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, and any driver who is convicted of a second or | ||
subsequent
offense, within 5 years of a previous | ||
conviction, for 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 shall be suspended for | ||
5 years.
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, | ||
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 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 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;
| ||
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, 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; or | ||
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.
| ||
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 | ||
disabled persons 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. | ||
Those multiple offenders identified in subdivision (b)4 of | ||
Section 6-208 of this Code, however, shall not be eligible | ||
for the issuance of a restricted driving permit.
| ||
(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, 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 within a 10 year period 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, 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. | ||
(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. | ||
(E) In each case the Secretary may issue a
| ||
restricted driving permit for a period deemed | ||
appropriate, except that all
permits shall expire | ||
within one year from the date of issuance. The | ||
Secretary
may not, however, issue a restricted driving | ||
permit to any person whose current
revocation is the | ||
result of a second or subsequent conviction for a | ||
violation
of Section 11-501 of this Code or a similar | ||
provision of a local ordinance
or any similar | ||
out-of-state offense, or Section 9-3 of the Criminal | ||
Code of 1961, where the use of alcohol or other drugs | ||
is recited as an element of the offense, or any similar | ||
out-of-state offense, or any combination
of those | ||
offenses, until the expiration of at least one year |
from the date of
the revocation. 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.
| ||
(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 | ||
Drivers 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. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | ||
eff. 8-12-11; revised 9-15-11.)
| ||
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||
Sec. 11-1301.3. Unauthorized use of parking places | ||
reserved for persons with
disabilities. | ||
(a) It shall be prohibited to park any motor vehicle which | ||
is not properly
displaying
registration plates or decals issued | ||
to a person with disabilities, as defined
by Section 1-159.1, | ||
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||
disabled veteran pursuant to Section 3-609 of this Act, as | ||
evidence that the
vehicle is operated by or for a person with | ||
disabilities or disabled veteran,
in any parking place, | ||
including any private
or public offstreet parking facility, | ||
specifically reserved, by the
posting of an official sign as | ||
designated under Section 11-301, for
motor vehicles displaying | ||
such registration plates.
It shall be prohibited to park any | ||
motor vehicle in a designated access
aisle adjacent to any | ||
parking place specifically reserved for persons with
| ||
disabilities, by the posting of an official sign as designated | ||
under Section
11-301, for motor vehicles displaying such | ||
registration plates.
When using the parking privileges for | ||
persons with disabilities, the parking
decal or device must be |
displayed properly in the vehicle where it is clearly
visible | ||
to law enforcement personnel, either hanging from the rearview | ||
mirror
or placed on the dashboard of the vehicle in clear view.
| ||
Disability license plates and parking decals and devices are | ||
not transferable from person to person. Proper usage of the | ||
disability license plate or parking decal or device requires | ||
the authorized holder to be present and enter or exit the | ||
vehicle at the time the parking privileges are being used. It | ||
is a violation of this Section to park in a space reserved for | ||
a person with disabilities if the authorized holder of the | ||
disability license plate or parking decal or device does not | ||
enter or exit the vehicle at the time the parking privileges | ||
are being used. Any motor vehicle properly displaying a | ||
disability license plate or a
parking decal or device | ||
containing the International symbol of access
issued to persons | ||
with disabilities by any local authority, state, district,
| ||
territory or foreign country shall be recognized by State and | ||
local
authorities as a valid license plate or device and | ||
receive the same parking
privileges as residents of this State.
| ||
(a-1) An individual with a vehicle displaying disability | ||
license plates or a parking decal or device issued to a | ||
qualified person with a disability under Sections 3-616, | ||
11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||
3-609 is in violation of this Section if (i) the person using | ||
the disability license plate or parking decal or device is not | ||
the authorized holder of the disability license plate or |
parking decal or device or is not transporting the authorized | ||
holder of the disability license plate or parking decal or | ||
device to or from the parking location and (ii) the person uses | ||
the disability license plate or parking decal or device to | ||
exercise any privileges granted through the disability license | ||
plate or parking decals or devices under this Code.
| ||
(a-2) A driver of a vehicle displaying disability license | ||
plates or a parking decal or device issued to a qualified | ||
person with a disability under Section 3-616, 11-1301.1, or | ||
11-1301.2 or to a disabled veteran under Section 3-609 is in | ||
violation of this Section if (i) the person to whom the | ||
disability license plate or parking decal or device was issued | ||
is deceased and (ii) the driver uses the disability license | ||
plate or parking decal or device to exercise any privileges | ||
granted through a disability license plate or parking decal or | ||
device under this Code. | ||
(b) Any person or local authority owning or operating any | ||
public or private
offstreet parking facility may, after | ||
notifying the police or sheriff's
department, remove or cause | ||
to be removed to the nearest garage or other
place of safety | ||
any vehicle parked within a stall or space reserved for
use by | ||
a person with disabilities which does not
display person with | ||
disabilities registration
plates or a special decal or device | ||
as required under this Section.
| ||
(c) Any person found guilty of violating the provisions of | ||
subsection (a) shall be fined $250 in addition to any costs or |
charges connected
with the removal or storage of any motor | ||
vehicle authorized under this
Section; but municipalities by | ||
ordinance may impose a fine up to $350
and shall display signs | ||
indicating the fine imposed. If the amount of
the fine is | ||
subsequently changed, the municipality shall change the sign to
| ||
indicate the current amount of the fine.
It shall not be a | ||
defense to a charge under this Section that either the sign | ||
posted
pursuant to this
Section or the intended accessible | ||
parking place does not comply with the technical requirements | ||
of Section 11-301,
Department
regulations, or local ordinance | ||
if a reasonable person would be made aware by
the
sign or | ||
notice on or near the parking place that the place is reserved | ||
for a
person
with
disabilities.
| ||
(c-1) Any person found guilty of violating the provisions | ||
of subsection (a-1) a first time shall be fined $500. Any | ||
person found guilty of violating subsection (a-1) a second or | ||
subsequent time shall be fined $1,000 $750 . Any person who | ||
violates found guilty of violating subsection (a-2) is guilty | ||
of a Class A misdemeanor and (a-1) a third or subsequent time | ||
shall be fined $2,500 $1,000 . The circuit clerk shall | ||
distribute 50% of the fine imposed on any person who is found | ||
guilty of or pleads guilty to violating this Section, including | ||
any person placed on court supervision for violating this | ||
Section, to the law enforcement agency that issued the citation | ||
or made the arrest. If more than one law enforcement agency is | ||
responsible for issuing the citation or making the arrest, the |
50% of the fine imposed shall be shared equally.
If an officer | ||
of the Secretary of State Department of Police arrested a | ||
person for a violation of this Section, 50% of the fine imposed | ||
shall be deposited into the Secretary of State Police Services | ||
Fund. | ||
(d) Local authorities shall impose fines as established in | ||
subsections
(c) and (c-1) for violations of this Section.
| ||
(e) As used in this Section, "authorized holder" means an | ||
individual
issued a disability
license plate under Section | ||
3-616 of this
Code, an individual issued a parking decal or | ||
device
under Section 11-1301.2 of this Code, or an individual | ||
issued a disabled veteran's license plate under Section 3-609 | ||
of this Code. | ||
(f) Any person who commits a violation of subsection (a-1) | ||
or a similar provision of a local ordinance may have his or her | ||
driving privileges suspended or revoked by the Secretary of | ||
State for a period of time determined by the Secretary of | ||
State. Any person who commits a violation of subsection (a-2) | ||
or a similar provision of a local ordinance shall have his or | ||
her driving privileges revoked by the Secretary of State. The | ||
Secretary of State may also suspend or revoke the disability | ||
license plates or parking decal or device for a period of time | ||
determined by the Secretary of State.
| ||
(g) Any police officer may seize the parking decal
or | ||
device from any person who commits a violation of this Section. | ||
Any police officer may seize the disability license plate upon |
authorization from the Secretary of State. Any police officer | ||
may request that the Secretary of State revoke the parking | ||
decal or device or the disability license plate of any person | ||
who commits a violation of this Section. | ||
(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | ||
eff. 7-2-10; 96-1000, eff. 7-2-10.)
| ||
(625 ILCS 5/11-1301.5)
| ||
Sec. 11-1301.5. Fictitious or unlawfully altered | ||
disability
license plate or parking decal or device. | ||
(a) As used in this Section:
| ||
"Fictitious disability license plate or parking decal or
| ||
device" means any issued disability license plate or parking
| ||
decal
or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, that has been issued | ||
by the Secretary of State or an authorized unit
of local | ||
government that was issued based upon false information | ||
contained on
the required application.
| ||
"False information" means any incorrect or inaccurate | ||
information
concerning
the name, date of birth, social security | ||
number, driver's license number,
physician certification, or | ||
any other information required on the Persons with Disabilities | ||
Certification for Plate or Parking Placard, on the Application | ||
for Replacement Disability Parking Placard, or on the
| ||
application
for license plates issued to disabled veterans |
under Section 3-609 of this Code, that
falsifies the content of | ||
the application.
| ||
"Unlawfully altered disability
license plate or parking
| ||
permit or device" means any disability license plate or parking
| ||
permit or device, or any license plate issued to a disabled | ||
veteran under Section 3-609 of this Code, issued by the | ||
Secretary of State or an authorized unit of
local government | ||
that has been physically altered or changed in such manner
that | ||
false information appears on the license plate or parking decal | ||
or device.
| ||
"Authorized holder" means an individual issued a | ||
disability
license plate under Section 3-616 of this Code or an | ||
individual issued a parking decal or device under Section | ||
11-1301.2 of this Code, or an individual issued a disabled | ||
veteran's license plate under Section 3-609 of this Code.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fictitious or unlawfully | ||
altered disability license plate or parking decal or | ||
device;
| ||
(2) to knowingly issue or assist in the issuance of, by | ||
the Secretary of
State or unit of local government, any | ||
fictitious disability
license plate or parking decal or | ||
device;
| ||
(3) to knowingly alter any disability license plate or
| ||
parking decal or device;
| ||
(4) to knowingly manufacture, possess, transfer, or |
provide any
documentation used in the application process | ||
whether real or fictitious, for
the purpose of obtaining a | ||
fictitious disability license plate or
parking decal or | ||
device;
| ||
(5) to knowingly provide any false information to the | ||
Secretary of State
or a unit of local government in order | ||
to obtain a disability
license plate or parking decal or | ||
device; or
| ||
(6) to knowingly transfer a disability license plate or
| ||
parking decal or device for the purpose of exercising the | ||
privileges granted
to an authorized holder of a disability
| ||
license plate or parking
decal or device under this Code in | ||
the absence of the authorized holder.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of paragraph | ||
(1), (2), (3), (4), or (5) of subsection (b) of this | ||
Section shall be guilty of
a Class A misdemeanor and fined | ||
not less than $500 for a first offense and shall be guilty | ||
of a Class 4 felony and fined not less than $1,000 for a | ||
second or subsequent offense. Any person convicted of a | ||
violation of subdivision (b)(6) of this Section is guilty | ||
of a Class A misdemeanor and shall be fined not less than | ||
$500 for a first offense and not less than $1,000 for a | ||
second or subsequent offense. The circuit clerk shall | ||
distribute one-half of any fine imposed on any person who | ||
is found guilty of or pleads guilty to violating this |
Section, including any person placed on court supervision | ||
for violating this Section, to the law enforcement agency | ||
that issued the citation or made the arrest. If more than | ||
one law enforcement agency is responsible for issuing the | ||
citation or making the arrest, one-half of the fine imposed | ||
shall be shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
or a similar provision of a local ordinance may have his
or | ||
her driving privileges suspended or revoked by the | ||
Secretary of State for a
period of time determined by the | ||
Secretary of State. The Secretary of State may suspend or | ||
revoke the parking decal or device or the disability | ||
license plate of any person who commits a violation of this | ||
Section.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of | ||
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
| ||
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
| ||
(625 ILCS 5/11-1301.6)
| ||
Sec. 11-1301.6. Fraudulent disability license plate or
|
parking decal or device. | ||
(a) As used in this Section:
| ||
"Fraudulent disability
license plate or parking decal or
| ||
device"
means any disability license plate or parking decal or | ||
device
that purports to be an official disability license plate | ||
or
parking decal or device and that has not been issued by the | ||
Secretary of State
or an authorized unit of local government.
| ||
"Disability license plate or parking decal or | ||
device-making
implement" means any implement specially | ||
designed or primarily used in the
manufacture, assembly, or | ||
authentication of a disability license
plate or parking decal | ||
or device, or a license plate issued to a disabled veteran | ||
under Section 3-609 of this Code, issued by the Secretary of | ||
State or a unit of
local government.
| ||
(b) It is a violation of this Section for any person:
| ||
(1) to knowingly possess any fraudulent disability | ||
license
plate or parking decal;
| ||
(2) to knowingly possess without authority any | ||
disability
license plate or parking decal or device-making | ||
implement;
| ||
(3) to knowingly duplicate, manufacture, sell, or | ||
transfer any fraudulent
or stolen disability license plate | ||
or parking decal or device;
| ||
(4) to knowingly assist in the duplication, | ||
manufacturing, selling, or
transferring of any fraudulent, | ||
stolen, or reported lost or damaged disability license |
plate
or parking decal or device; or
| ||
(5) to advertise or distribute a fraudulent disability
| ||
license plate or parking decal or device.
| ||
(c) Sentence.
| ||
(1) Any person convicted of a violation of this | ||
Section shall be guilty of
a Class A misdemeanor and fined | ||
not less than $1,000 for a first offense and shall be | ||
guilty of a Class 4 felony and fined not less than $2,000 | ||
for a second or subsequent offense. The circuit clerk shall | ||
distribute half of any fine imposed on any person who is | ||
found guilty of or pleads guilty to violating this Section, | ||
including any person placed on court supervision for | ||
violating this Section, to the law enforcement agency that | ||
issued the citation or made the arrest. If more than one | ||
law enforcement agency is responsible for issuing the | ||
citation or making the arrest, one-half of the fine imposed | ||
shall be shared equally.
| ||
(2) Any person who commits a violation of this Section | ||
or a similar provision of a local ordinance may have his
or | ||
her driving privileges suspended or revoked by the | ||
Secretary of State for a
period of time determined by the | ||
Secretary of State.
| ||
(3) Any police officer may seize the parking decal or | ||
device from any
person who commits a violation of this | ||
Section. Any police officer may seize
the disability | ||
license plate upon authorization from the
Secretary of |
State. Any police officer may request that the Secretary of | ||
State
revoke the parking decal or device or the disability | ||
license
plate of any person who commits a violation of this | ||
Section.
| ||
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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