Public Act 90-0738 of the 90th General Assembly
Public Act 90-0738
HB2306 Enrolled LRB9006295NTsbB
AN ACT concerning driving violations, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 4-203, 6-118, 6-208, 6-208.1, 6-303, and
11-501 as follows:
(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
not more than 12 6 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. 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.
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.
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.
10. When a vehicle has been towed or removed
pursuant to this Section, it must be released to its
owner or custodian within one half hour after requested,
if such request is made during business hours. Any
vehicle owner or custodian or agent 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 by
the use of any major credit card, in addition to being
payable in cash.
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) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of
the Illinois Municipal Code, its removal and impoundment by a
towing service may be authorized by a law enforcement agency
with appropriate jurisdiction.
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.
Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service in compliance with this Section and Sections 4-201
and 4-202 of this Code, shall be subject to a possessor lien
for services pursuant to "An Act concerning liens for labor,
services, skill or materials furnished upon or storage
furnished for chattels", filed July 24, 1941, as amended, and
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
Act. Every such lien shall be payable by use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article
is as follows:
Original driver's license.............................$10
Original or renewal driver's license
issued to 18, 19 and 20 year olds..................5
All driver's licenses for persons
age 69 through age 80..............................5
All driver's licenses for persons
age 81 through age 86..............................2
All driver's licenses for persons
age 87 or older....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older).................................10
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license..................................20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal..................5
Any instruction permit issued to a person
age 69 and older...................................5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois.......................................10
Restricted driving permit...............................8
Duplicate or corrected driver's license
or permit..........................................5
Duplicate or corrected restricted
driving permit.....................................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$10 for the driver's license;
and $24 for the CDL:.............................$40
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$10 for the driver's license; and
$24 for the CDL:.................................$40
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund; and
$24 for the CDL classification...................$30
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................$5
CDL duplicate or corrected license.....................$5
In order to ensure the proper implementation of the
Uniform Commercial Driver License Act, Article V of this
Chapter, the Secretary of State is empowered to pro-rate the
$24 fee for the commercial driver's license proportionate to
the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be
waived for any person age 60 or older who presents the
Secretary of State's office with a police report showing that
his license or permit was stolen.
No additional fee shall be charged for a driver's
license, or for a commercial driver's license, when issued to
the holder of an instruction permit for the same
classification or type of license who becomes eligible for
such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked
under any provision of Chapter 6, Chapter 11, or Section
7-702 of the Family Financial Responsibility Law of this
Code, shall in addition to any other fees required by this
Code, pay a reinstatement fee as follows:
Summary suspension under Section 11-501.1.............$60
Other suspension......................................$30
Revocation............................................$60
However, any person whose license or privilege to operate
a motor vehicle in this State has been suspended or revoked
for a second or subsequent time for a violation of Section
11-501 or 11-501.1 of this Code or a similar provision of a
local ordinance or Section 9-3 of the Criminal Code of 1961
and each suspension or revocation was for a violation of
Section 11-501 or 11-501.1 of this Code or a similar
provision of a local ordinance or Section 9-3 of the Criminal
Code of 1961 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$250
Revocation...........................................$250
(c) All fees collected under the provisions of this
Chapter 6 shall be paid into the Road Fund in the State
Treasury except as follows:
1. The following amounts shall be paid into the
Driver Education Fund:
(A) $16 of the $20 fee for an original
driver's instruction permit;
(B) $5 of the $10 fee for an original driver's
license;
(C) $5 of the $10 fee for a 4 year renewal
driver's license; and
(D) $4 of the $8 fee for a restricted driving
permit.
2. $30 of the $60 fee for reinstatement of a license
summarily suspended under Section 11-501.1 shall be
deposited into the Drunk and Drugged Driving Prevention
Fund. However, for a person whose license or privilege
to operate a motor vehicle in this State has been
suspended or revoked for a second or subsequent time for
a violation of Section 11-501 or 11-501.1 of this Code or
Section 9-3 of the Criminal Code of 1961, $190 of the
$250 fee for reinstatement of a license summarily
suspended under Section 11-501.1, and $190 of the $250
fee for reinstatement of a revoked license shall be
deposited into the Drunk and Drugged Driving Prevention
Fund.
3. $6 of such original or renewal fee for a
commercial driver's license and $6 of the commercial
driver instruction permit fee when such permit is issued
to any person holding a valid Illinois driver's license,
shall be paid into the CDLIS/AAMVAnet Trust Fund.
4. The $30 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any
other law of this State, the Secretary of State shall not
suspend a driver's license, permit or privilege to drive a
motor vehicle on the highways for a period of more than one
year.
(b) Any person whose license, permit or privilege to
drive a motor vehicle on the highways has been revoked shall
not be entitled to have such license, permit or privilege
renewed or restored. However, such person may, except as
provided under subsection (d) of Section 6-205, make
application for a license pursuant to Section 6-106 if the
revocation was for a cause which has been removed or:
1. Except as provided in subparagraphs 2, and 3,
and 4, after the expiration of one year from the
effective date of the revocation or, in the case of a
violation of paragraph (b) of Section 11-401 of this Code
or a similar provision of a local ordinance, after the
expiration of 3 years from the effective date of the
revocation or, in the case of a violation of Section 9-3
of the Criminal Code of 1961 relating to the offense of
reckless homicide, after the expiration of 2 years from
the effective date of the revocation; or
2. If such person is convicted of committing a
second violation within a 20 year period of:
- Section 11-501 of this Code, or a similar
provision of a local ordinance; or
- Paragraph (b) of Section 11-401 of this Code,
or a similar provision of a local ordinance; or
- Section 9-3 of the Criminal Code of 1961, as
amended, relating to the offense of reckless
homicide; or
- any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20 year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses.
3. However, except as provided in subparagraph 4,
if such person is convicted of committing a third, or
subsequent, violation or any combination of the above
offenses, including similar out-of-state offenses,
contained in subparagraph 2, then such person may not
make application for a license until after the expiration
of 10 years from the effective date of the most recent
revocation.
4. The person may not make application for a
license if the person is convicted of committing a fourth
or subsequent violation of Section 11-501 of this Code or
a similar provision of a local ordinance, paragraph (b)
of Section 11-401 of this Code, Section 9-3 of the
Criminal Code of 1961, or a combination of these offenses
or similar provisions of local ordinances or similar
out-of-state offenses if the original revocation or
suspension was for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol or
other drug related suspension.
(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. Six 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 or drug
concentration, pursuant to Section 11-501.1; or
2. Three 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, or any amount of a
drug, substance or compound in such person's blood or
urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act, pursuant to Section 11-501.1; or
3. Three Two 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 or drug 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 or any amount of a drug,
substance or compound in such person's blood or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act or a
controlled substance listed in the Illinois Controlled
Substances Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
full driving privileges shall be restored unless the person
is otherwise disqualified 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) Full 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 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
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first
offender, the circuit court may, after at least 30 days from
the effective date of the statutory summary suspension, issue
a judicial driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any
offense as defined in Section 11-501 or a similar provision
of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section
11-501.1, for a first offender, the circuit court may issue a
court order directing the Secretary of State to issue a
judicial driving permit as provided in Section 6-206.1.
However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500 and such
person refused or failed to complete a test or tests to
determine the alcohol or drug concentration pursuant to
Section 11-501.1, the Secretary of State may shall not issue
a restricted driving permit if at least 2 years have elapsed
since the effective date of the statutory summary suspension.
(h) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender as defined in Section 11-500 and such
person submitted to a chemical test which disclosed an
alcohol concentration of 0.08 or more pursuant to Section
11-501.1, the Secretary of State may, after at least 90 days
from the effective date of the statutory summary suspension,
issue a restricted driving permit.
(Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
(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) 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, 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.
(b) The Secretary of State upon receiving a report of
the conviction of any violation indicating a person was
operating a motor vehicle during the time when said person's
driver's license, permit or privilege was suspended by the
Secretary, by the appropriate authority of another state, or
pursuant to Section 11-501.1; except as may be specifically
allowed by a probationary license to drive, judicial driving
permit or restricted driving permit issued pursuant to this
Code or the law of another state; shall extend the suspension
for the same period of time as the originally imposed
suspension; however, if the period of suspension has then
expired, the Secretary shall be authorized to suspend said
person's driving privileges for the same period of time as
the originally imposed suspension; and if the conviction was
upon a charge which indicated that a vehicle was operated
during the time when the person's driver's license, permit or
privilege was revoked; except as may be 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.
(c) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 7 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 accident involving personal injury or death; or
(3) a violation of Section 9-3 of the Criminal Code
of 1961, as amended, relating to the offense of reckless
homicide; or
(4) a statutory summary suspension 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.
(d) Any person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 4 felony
if the original revocation or suspension was 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, 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, or a statutory summary
suspension under Section 11-501.1 of this Code. 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.
(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.
(Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, or Section 11-501.1,
paragraph (b) of Section 11-401, or Section 9-3 of the
Criminal Code of 1961 is guilty of a Class 4 felony.
shall, unless sentenced to a term of imprisonment in the
penitentiary, in addition to any other criminal or
administrative action, be sentenced to a minimum term of
30 consecutive days of imprisonment, 40 days of 24 hour
periodic imprisonment or 720 hours of community service,
as may be determined by the court. This mandatory
minimum term of imprisonment or assignment of community
service shall not be suspended and shall not be subject
to reduction by the court.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of
any professional evaluation shall be paid for by the
individual required to undergo the professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
10-24-97.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 36-1 as follows:
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
used with the knowledge and consent of the owner in the
commission of, or in the attempt to commit as defined in
Section 8-4 of this Code, an offense prohibited by (a)
Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes;
(c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental
Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
or (f) the offenses described in the following provisions of
the Illinois Vehicle Code: Section 11-501 subdivisions
(c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be
seized and delivered forthwith to the sheriff of the county
of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest
is of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or
any other state of the United States if such vessel, vehicle
or aircraft is required to be so registered, as the case may
be, by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be
so registered. Within that 15 day period the sheriff shall
also notify the State's Attorney of the county of seizure
about the seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of
the Metropolitan Water Reclamation District Act shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vessels, vehicles and aircraft, and any such equipment shall
be deemed a vessel, vehicle or aircraft for purposes of this
Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great
bodily harm to that individual and as a result causes death
or great bodily harm to that individual, the vehicle shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vehicles used in violations of clauses (a), (b), (c), or (d)
of this Section.
If the spouse of the owner of a vehicle seized for a
violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
(d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
Vehicle Code or Section 9-3 of this Code makes a showing that
the seized vehicle is the only source of transportation and
it is determined that the financial hardship to the family as
a result of the seizure outweighs the benefit to the State
from the seizure, the vehicle may be forfeited to the spouse
or family member and the title to the vehicle shall be
transferred to the spouse or family member who is properly
licensed and who requires the use of the vehicle for
employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section
shall be sufficient cause for the title to be transferred to
the spouse or family member. The provisions of this
paragraph shall apply only to one forfeiture per vehicle. If
the vehicle is the subject of a subsequent forfeiture
proceeding by virtue of a subsequent conviction of either
spouse or the family member, the spouse or family member to
whom the vehicle was forfeited under the first forfeiture
proceeding may not utilize the provisions of this paragraph
in another forfeiture proceeding. If the owner of the
vehicle seized owns more than one vehicle, the procedure set
out in this paragraph may be used for only one vehicle.
(Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
revised 10-15-97.)
Section 15. The Unified Code of Corrections is amended
by changing Section 5-6-1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations
of the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would
deprecate the seriousness of the offender's conduct and
would be inconsistent with the ends of justice.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the
charge or a finding of guilt, defer further proceedings and
the imposition of a sentence, and enter an order for
supervision of the defendant, if the defendant is not charged
with a Class A misdemeanor, as defined by the following
provisions of the Criminal Code of 1961: Sections 12-3.2;
12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; and Section 1 of the Boarding
Aircraft With Weapon Act; or a felony. If the defendant is
not barred from receiving an order for supervision as
provided in this subsection, the court may enter an order for
supervision after considering the circumstances of the
offense, and the history, character and condition of the
offender, if the court is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best
served if the defendant were not to receive a criminal
record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, and the plea or
stipulation was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the
Criminal Code of 1961 if said defendant has within the last 5
years been:
(1) convicted for a violation of Section 16A-3 of
the Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(g) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has within
the last 5 years been:
(1) convicted for a violation of Section 3-707,
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of
the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the
fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the
Conference of Chief Circuit Judges. The accused shall be
responsible for payment of any traffic safety program
fees. If the accused fails to file a certificate of
successful completion on or before the termination date
of the supervision order, the supervision shall be
summarily revoked and conviction entered. The provisions
of Supreme Court Rule 402 relating to pleas of guilty do
not apply in cases when a defendant enters a guilty plea
under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the revocation or suspension was for a
violation of Section 11-501 or a similar provision of a local
ordinance, a violation of Section 11-501.1 or paragraph (b)
of Section 11-401 of the Illinois Vehicle Code, or a
violation of Section 9-3 of the Criminal Code of 1961 if the
defendant has within the last 10 years been:
(1) Convicted for a violation of Section 6-303 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) Assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
1-1-98.)