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92nd General Assembly

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Public Act 92-0647

SB1726 Enrolled                                LRB9212654RCcd

    AN ACT in relation to vehicles.

    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 6-301 and 6-601 as follows:

    (625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301)
    Sec. 6-301. Unlawful use of license or permit.
    (a)  It is a violation of this Section for any person:
         1.  To display or cause to be displayed or  have  in
    his   possession  any  cancelled,  revoked  or  suspended
    license or permit;
         2.  To lend his  license  or  permit  to  any  other
    person or knowingly allow the use thereof by another;
         3.  To  display  or represent as his own any license
    or permit issued to another;
         4.  To fail or refuse to surrender to the  Secretary
    of  State  or  his  agent  or  any peace officer upon his
    lawful demand, any license  or  permit,  which  has  been
    suspended, revoked or cancelled;
         5.  To allow any unlawful use of a license or permit
    issued to him;
         6.  To  submit  to  an  examination or to obtain the
    services of another person to submit  to  an  examination
    for  the purpose of obtaining a drivers license or permit
    for some other person.
    (b)  Sentence.
         1.  Any person convicted  of  a  violation  of  this
    Section  shall  be  guilty  of  a Class A misdemeanor and
    shall be sentenced to a minimum fine of $500 or 50  hours
    of  community  service,  preferably  at  an alcohol abuse
    prevention program, if available.
         2.  Any person convicted of a second  or  subsequent
    violation  of  this  Section shall be guilty of a Class 4
    felony.
         3.  In addition to any other sentence imposed  under
    paragraph  1  or  2  of  this  subsection  (b),  a person
    convicted of a violation of paragraph 6 of subsection (a)
    shall be imprisoned for not less than 7 days.
    (c)  This  Section  does  not   prohibit   any   lawfully
authorized  investigative,  protective,  law  enforcement  or
other  activity  of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
    (d)  This Section does not apply to licenses and  permits
invalidated under Section 6-301.3 of this Code.
(Source: P.A. 88-197; 88-210; 88-670, eff. 12-2-94.)

    (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
    Sec. 6-601.  Penalties. (a) It is a petty offense for any
person  to  violate  any  of  the  provisions of this Chapter
unless such violation is by this Code or other  law  of  this
State declared to be a misdemeanor or a felony.
    (b)  General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty  offense  for  the  violation  of any provision of this
Chapter shall be punished by a fine of not more than $500.
    (c)  Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
    1.  A Class A misdemeanor if the person failed to  obtain
a  driver's license or permit after expiration of a period of
revocation.
    2.  A Class B misdemeanor petty offense if the person has
been issued a driver's license or permit, which has  expired,
and  if the period of expiration is greater than 6 months; or
if the person has never been issued  a  driver's  license  or
permit,  or  is not qualified to obtain a driver's license or
permit because of his age; the minimum fine shall be $50.
    If a licensee under this Code is convicted  of  violating
Section  6-101  for  operating  a motor vehicle during a time
when such licensee's driver's license was invalid  under  the
provisions  of  Section  6-110,  then  conviction  under such
circumstances shall be punishable by a fine of not more  than
$25.
    If  a  licensee under this Code is convicted of violating
Section 6-303 for operating a motor  vehicle  during  a  time
when such licensee's driver's license was suspended under the
provisions of Section 6-306.3, then such act shall be a petty
offense  (provided the licensee has answered the charge which
was the basis of the suspension under Section  6-306.3),  and
there   shall   be  imposed  no  additional  like  period  of
suspension as provided in paragraph (b) of Section 6-303.
    Any person convicted of a violation of  subsection  6  of
Section  6-301  shall  be guilty of a Class C misdemeanor and
shall be imprisoned for not less than 7 days.
(Source: P.A. 85-992.)
    Passed in the General Assembly April 24, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.

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