Full Text of SB1835 94th General Assembly
SB1835sam002 94TH GENERAL ASSEMBLY
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Sen. Kirk W. Dillard
Filed: 2/24/2006
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| AMENDMENT TO SENATE BILL 1835
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| AMENDMENT NO. ______. Amend Senate Bill 1835 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 4-4, 6-16 and 6-20 and by adding Section 6-33 | 6 |
| as follows:
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| (235 ILCS 5/4-4) (from Ch. 43, par. 112)
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| Sec. 4-4. Each local liquor control commissioner shall also | 9 |
| have the
following powers, functions and duties with respect to | 10 |
| licenses, other than
licenses to manufacturers, importing | 11 |
| distributors, distributors, foreign
importers, non-resident | 12 |
| dealers, non-beverage users, brokers, railroads,
airplanes and | 13 |
| boats.
| 14 |
| 1. To grant and or suspend for not more than thirty | 15 |
| days or revoke for
cause all local licenses issued to | 16 |
| persons for premises within his
jurisdiction;
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| 2. To enter or to authorize any law enforcing officer | 18 |
| to enter at any
time upon any premises licensed hereunder | 19 |
| to determine whether any of the
provisions of this Act or | 20 |
| any rules or regulations adopted by him or by the
State | 21 |
| Commission have been or are being violated, and at such | 22 |
| time to
examine said premises of said licensee in | 23 |
| connection therewith;
| 24 |
| 3. To notify the Secretary of State where a club |
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| incorporated under the
General Not for Profit Corporation | 2 |
| Act of 1986 or a foreign corporation
functioning
as a club | 3 |
| in this State under a certificate of authority issued under | 4 |
| that
Act has violated this Act by selling or offering for | 5 |
| sale at retail alcoholic
liquors without a retailer's | 6 |
| license;
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| 4. To receive complaint from any citizen within his | 8 |
| jurisdiction that
any of the provisions of this Act, or any | 9 |
| rules or regulations adopted
pursuant hereto, have been or | 10 |
| are being violated and to act upon such
complaints in the | 11 |
| manner hereinafter provided;
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| 5. To receive local license fees and pay the same | 13 |
| forthwith to the city,
village, town or county treasurer as | 14 |
| the case may be.
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| Each local liquor commissioner also has the duty to notify
| 16 |
| the Secretary of State of any convictions for a violation of | 17 |
| Section 6-20 or 6-33 of
this Act or a similar provision of a | 18 |
| local ordinance.
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| In counties and municipalities, the local liquor control
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| commissioners shall also have the power to levy fines in | 21 |
| accordance with
Section 7-5 of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
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| (235 ILCS 5/6-16) (from Ch. 43, par. 131)
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| Sec. 6-16. Prohibited sales and possession.
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| (a) (i) No licensee nor any officer, associate, member, | 26 |
| representative,
agent, or employee of such licensee shall sell, | 27 |
| give, or deliver alcoholic
liquor to any person under the age | 28 |
| of 21 years or to any intoxicated person,
except as provided in | 29 |
| Section 6-16.1.
(ii) No express company, common carrier, or | 30 |
| contract carrier nor any
representative, agent, or employee on | 31 |
| behalf of an express company, common
carrier, or contract | 32 |
| carrier that carries or transports alcoholic liquor for
| 33 |
| delivery within this State shall knowingly give or knowingly |
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| deliver to a
residential address any shipping container clearly | 2 |
| labeled as containing
alcoholic liquor and labeled as requiring | 3 |
| signature of an adult of at least 21
years of age to any person | 4 |
| in this State under the age of 21 years. An express
company, | 5 |
| common carrier, or contract carrier that carries or transports | 6 |
| such
alcoholic liquor for delivery within this State shall | 7 |
| obtain a signature at
the time of delivery acknowledging | 8 |
| receipt of the alcoholic liquor by an adult
who is at least 21 | 9 |
| years of age. At no time while delivering alcoholic
beverages | 10 |
| within this State may any representative, agent, or employee of | 11 |
| an
express company, common carrier, or contract carrier that | 12 |
| carries or
transports alcoholic liquor for delivery within this | 13 |
| State deliver the
alcoholic liquor to a residential address | 14 |
| without the acknowledgment of the
consignee and without first | 15 |
| obtaining a signature at the time of the delivery
by an adult | 16 |
| who is at least 21 years of age. A signature of a person on file
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| with the express company, common carrier, or contract carrier | 18 |
| does
not constitute acknowledgement of the consignee. Any | 19 |
| express company, common
carrier, or contract carrier that | 20 |
| transports alcoholic liquor for delivery
within this State that | 21 |
| violates this
item (ii) of this subsection (a) by delivering | 22 |
| alcoholic liquor without the
acknowledgement of the consignee | 23 |
| and without first obtaining a signature at the
time of the | 24 |
| delivery by an adult who is at least 21 years of age is guilty | 25 |
| of a
business offense for which the express company, common | 26 |
| carrier, or contract
carrier that transports alcoholic liquor | 27 |
| within this State shall be fined not
more than $1,001 for a
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| first offense, not more than $5,000 for a second offense, and | 29 |
| not more than
$10,000 for a third or subsequent offense. An | 30 |
| express company, common carrier,
or contract carrier shall be | 31 |
| held vicariously liable for the actions of its
representatives, | 32 |
| agents, or employees. For purposes of this Act, in addition
to | 33 |
| other methods authorized by law, an express company, common | 34 |
| carrier, or
contract carrier shall be considered served with |
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| process when a
representative, agent, or employee alleged to | 2 |
| have violated this Act is
personally served. Each shipment of | 3 |
| alcoholic liquor delivered in violation
of this item (ii) of | 4 |
| this subsection (a) constitutes a separate offense.
(iii) No | 5 |
| person, after purchasing or otherwise obtaining alcoholic | 6 |
| liquor,
shall sell, give, or deliver such alcoholic liquor to | 7 |
| another person under the
age of 21 years, except in the | 8 |
| performance of a religious ceremony or service.
Except as | 9 |
| otherwise provided in item (ii), any express company, common | 10 |
| carrier,
or contract carrier that transports alcoholic liquor | 11 |
| within this State that
violates the provisions of item (i) or ,
| 12 |
| (ii) , or (iii) of this paragraph of this
subsection (a) is | 13 |
| guilty of a Class A misdemeanor and the sentence shall
include, | 14 |
| but shall not be limited to, a fine of not less than $500. Any
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| person
who violates the provisions of item (iii) of this | 16 |
| paragraph of this subsection
(a)
is guilty of a Class A | 17 |
| misdemeanor and the sentence shall include, but shall
not be | 18 |
| limited to a fine of not less than $500 for a first offense and | 19 |
| not less
than
$2,000 for a second or subsequent offense. Any | 20 |
| person who knowingly violates
the
provisions of item (iii) of | 21 |
| this paragraph of this subsection (a) is guilty of
a
Class 4 | 22 |
| felony if a death occurs as the result of the violation.
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| If a licensee or officer, associate, member, | 24 |
| representative, agent, or
employee of the licensee, or a | 25 |
| representative, agent, or employee of an
express company, | 26 |
| common carrier, or contract carrier that carries or
transports | 27 |
| alcoholic liquor for
delivery within this State, is prosecuted | 28 |
| under this paragraph of this
subsection
(a) for selling, | 29 |
| giving, or delivering alcoholic liquor to a person under the
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| age of 21 years, the person under 21 years of age who attempted | 31 |
| to buy or
receive the alcoholic liquor may be prosecuted | 32 |
| pursuant to Section 6-20 of this
Act, unless the person under | 33 |
| 21 years of age was acting under the authority of
a law | 34 |
| enforcement agency, the Illinois Liquor Control Commission, or |
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| a local
liquor control commissioner pursuant to a plan or | 2 |
| action to investigate,
patrol, or conduct any similar | 3 |
| enforcement action.
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| For the purpose of preventing the violation of this | 5 |
| Section, any licensee,
or his agent or employee, or a | 6 |
| representative, agent, or employee of an
express company, | 7 |
| common carrier, or contract carrier that carries or
transports | 8 |
| alcoholic liquor for
delivery within this State, shall refuse | 9 |
| to sell, deliver, or serve
alcoholic
beverages to any person | 10 |
| who is unable to produce adequate written evidence of
identity | 11 |
| and of the fact that he or she is over the age of 21 years, if
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| requested by the licensee, agent, employee, or representative.
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| Adequate written evidence of age and identity of the person | 14 |
| is a
document issued by a federal, state, county, or municipal | 15 |
| government, or
subdivision or agency thereof, including, but | 16 |
| not limited to, a motor
vehicle operator's license, a | 17 |
| registration certificate issued under the
Federal Selective | 18 |
| Service Act, or an identification card issued to a
member of | 19 |
| the Armed Forces. Proof that the defendant-licensee, or his
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| employee or agent, or the representative, agent, or employee of | 21 |
| the express
company, common carrier, or contract carrier that | 22 |
| carries or transports
alcoholic liquor for delivery within this | 23 |
| State demanded, was shown and
reasonably relied upon such
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| written evidence in any transaction forbidden by this Section | 25 |
| is an
affirmative defense in any criminal prosecution therefor | 26 |
| or to any
proceedings for the suspension or revocation of any | 27 |
| license based thereon.
It shall not, however, be an affirmative | 28 |
| defense if the agent or employee
accepted the written evidence | 29 |
| knowing it to be false or fraudulent.
If a false or fraudulent | 30 |
| Illinois driver's license or Illinois
identification card is | 31 |
| presented by a person less than 21 years of age to a
licensee | 32 |
| or the licensee's agent or employee for the purpose of | 33 |
| ordering,
purchasing, attempting to purchase, or otherwise | 34 |
| obtaining or attempting to
obtain the serving of any alcoholic |
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| beverage, the law enforcement officer
or agency investigating | 2 |
| the incident shall, upon the conviction of the
person who | 3 |
| presented the fraudulent license or identification, make a
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| report of the matter to the Secretary of State on a form | 5 |
| provided by the
Secretary of State.
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| However, no agent or employee of the licensee or employee | 7 |
| of an express
company, common carrier, or contract carrier that | 8 |
| carries or transports
alcoholic liquor for delivery within this | 9 |
| State shall be
disciplined or
discharged for selling or | 10 |
| furnishing liquor to a person under 21 years of
age if the | 11 |
| agent or employee demanded and was shown, before furnishing
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| liquor to a person under 21 years of age, adequate written | 13 |
| evidence of age
and identity of the person issued by a federal, | 14 |
| state, county or municipal
government, or subdivision or agency | 15 |
| thereof, including but not limited to
a motor vehicle | 16 |
| operator's license, a registration certificate issued under
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| the Federal Selective Service Act, or an identification card | 18 |
| issued to a
member of the Armed Forces. This paragraph, | 19 |
| however, shall not apply if the
agent or employee accepted the | 20 |
| written evidence knowing it to be false or
fraudulent.
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| Any person who sells, gives, or furnishes to any person | 22 |
| under the age of
21 years any false or fraudulent written, | 23 |
| printed, or photostatic evidence
of the age and identity of | 24 |
| such person or who sells, gives or furnishes to
any person | 25 |
| under the age of 21 years evidence of age and identification of
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| any other person is guilty of a Class A misdemeanor and the | 27 |
| person's sentence
shall include, but shall not be limited to, a | 28 |
| fine of not less than $500.
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| Any person under the age of 21 years who presents or offers | 30 |
| to any licensee,
his agent or employee, any written, printed or | 31 |
| photostatic evidence of age and
identity that is false, | 32 |
| fraudulent, or not actually his or her own for the
purpose of | 33 |
| ordering, purchasing, attempting to purchase or otherwise | 34 |
| procuring
or attempting to procure, the serving of any |
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| alcoholic beverage,
who falsely states in writing that he or | 2 |
| she is at least 21 years of age when
receiving alcoholic liquor | 3 |
| from a representative, agent, or employee of an
express | 4 |
| company, common carrier, or contract carrier,
or who has in
his | 5 |
| or her possession any false or fraudulent written, printed, or | 6 |
| photostatic
evidence of age and identity, is guilty of a Class | 7 |
| A misdemeanor and the
person's sentence shall include, but | 8 |
| shall not be limited to, the following:
a fine of not less than | 9 |
| $500 and at least 25 hours of community service. If
possible, | 10 |
| any community service shall be performed for an alcohol abuse
| 11 |
| prevention program.
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| Any person under the age of 21 years who has any alcoholic | 13 |
| beverage in his
or her possession on any street or highway or | 14 |
| in any public place or in any
place open to the public is | 15 |
| guilty of a Class A misdemeanor. This Section does
not apply to | 16 |
| possession by a person under the age of 21 years making a | 17 |
| delivery
of an alcoholic beverage in pursuance of the order of | 18 |
| his or her parent or in
pursuance of his or her employment.
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| (a-1) It is unlawful for any parent or guardian to permit | 20 |
| his or her
residence to be used by an invitee of the parent's | 21 |
| child or the guardian's
ward, if the invitee is under the age | 22 |
| of 21, in a manner that constitutes a
violation of this Section | 23 |
| or Section 6-33 of this Act . A parent or guardian is deemed to | 24 |
| have permitted
his or her residence to be used in violation of | 25 |
| this Section if he or she
knowingly authorizes, enables, or | 26 |
| permits such use to occur by failing to
control access to | 27 |
| either the residence or the alcoholic liquor maintained in
the | 28 |
| residence. Any person who violates this subsection (a-1) is | 29 |
| guilty of a
Class A misdemeanor and the person's sentence shall | 30 |
| include, but shall not be
limited to, a fine of not less than | 31 |
| $500. Nothing in this subsection (a-1)
shall be construed to | 32 |
| prohibit the giving of alcoholic liquor to a person under
the | 33 |
| age of 21 years in the performance of a religious ceremony or | 34 |
| service or as authorized by Section 6-33 of this Act .
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| (b) Except as otherwise provided in this Section whoever | 2 |
| violates
this Section shall, in addition to other penalties | 3 |
| provided for in this
Act, be guilty of a Class A misdemeanor.
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| (c) Any person shall be guilty of a Class A misdemeanor | 5 |
| where he or she
knowingly permits a gathering at a residence | 6 |
| which he or she occupies of
two or more persons where any one | 7 |
| or more of the persons is under 21
years of age and the | 8 |
| following factors also apply:
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| (1) the person occupying the residence knows that any | 10 |
| such person under
the age of 21 is in possession of or is | 11 |
| consuming any alcoholic
beverage; and
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| (2) the possession or consumption of the alcohol by the | 13 |
| person under
21 is not otherwise permitted by this Act; and
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| (3) the person occupying the residence knows that the | 15 |
| person under the
age of 21 leaves the residence in an | 16 |
| intoxicated condition.
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| For the purposes of this subsection (c) where the residence | 18 |
| has an owner
and a tenant or lessee, there is a rebuttable | 19 |
| presumption that the residence
is occupied only by the tenant | 20 |
| or lessee.
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| (d) Any person who rents a hotel or motel room from the | 22 |
| proprietor or agent
thereof for the purpose of or with the | 23 |
| knowledge that such room shall be
used for the consumption of | 24 |
| alcoholic liquor by persons under the age of 21
years shall be | 25 |
| guilty of a Class A misdemeanor.
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| (e) Except as otherwise provided in this Act, any person | 27 |
| who has alcoholic
liquor in his or her possession on public | 28 |
| school district property on school
days or at events on public | 29 |
| school district property when children are present
is guilty of | 30 |
| a petty offense, unless the alcoholic liquor (i) is in the
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| original container with the seal unbroken and is in the | 32 |
| possession of a person
who is not otherwise legally prohibited | 33 |
| from possessing the alcoholic liquor or
(ii) is in the | 34 |
| possession of a person in or for the performance of a religious
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| service or ceremony authorized by the school board.
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| (Source: P.A. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02;
92-507, | 3 |
| eff. 1-1-02; 92-651, eff. 7-11-02; 92-687, eff. 1-1-03 .)
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| (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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| Sec. 6-20. Any person to whom the sale, gift or delivery of | 6 |
| any alcoholic
liquor is prohibited because of age shall not | 7 |
| purchase, or accept a gift of
such alcoholic liquor or have | 8 |
| such alcoholic liquor in his possession.
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| If a licensee or his or her agents or employees believes or | 10 |
| has reason to
believe that a sale or delivery of any alcoholic | 11 |
| liquor is prohibited
because of the non-age of the prospective | 12 |
| recipient, he or she shall,
before
making such sale or delivery | 13 |
| demand presentation of some form of
positive identification, | 14 |
| containing proof of age, issued by a public
officer in the | 15 |
| performance of his or her official duties.
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| No person shall transfer, alter, or deface such an | 17 |
| identification
card; use the identification card of another; | 18 |
| carry or use a false or
forged identification card; or obtain | 19 |
| an identification card by means of
false information. No person | 20 |
| shall purchase, accept delivery or have
possession of alcoholic | 21 |
| liquor in violation of this Section. The
consumption of | 22 |
| alcoholic liquor by any person under 21 years of age is
| 23 |
| forbidden. Whoever violates any provisions of this Section | 24 |
| shall be
guilty of a Class A misdemeanor. If a person is | 25 |
| convicted of a violation of this Section, the Secretary of | 26 |
| State shall suspend the person's driving privileges for a | 27 |
| period of one year for a first offense and for a period of 2 | 28 |
| years for a second or subsequent offense.
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| The possession and dispensing, or consumption by a person | 30 |
| under 21 years
of age of alcoholic liquor as provided in | 31 |
| subsections (b) and (c) of Section 6-33 of this Act
in the | 32 |
| performance of a religious
service or ceremony, or the | 33 |
| consumption by a person under 21 years of
age under the direct |
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| supervision and approval of the parents
or parent or those | 2 |
| persons standing in loco parentis of such person
under 21 years | 3 |
| of age in the privacy of a home, is not
prohibited by this Act.
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| (Source: P.A. 90-432, eff. 1-1-98.)
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| (235 ILCS 5/6-33 new) | 6 |
| Sec. 6-33. Transfer of alcoholic liquor to minors. | 7 |
| (a) Any person who, after purchasing or otherwise obtaining | 8 |
| alcoholic liquor, sells, gives, or delivers for use as a | 9 |
| beverage any alcoholic liquor to any person under the age of 21 | 10 |
| years is guilty of a Class A misdemeanor and the sentence shall | 11 |
| include, but not be limited to, a fine of not less than $500 | 12 |
| for a first offense and not less than $2,000 for a second or | 13 |
| subsequent offense. However, any person who knowingly violates | 14 |
| the provisions of this Section is guilty of a Class 4 felony if | 15 |
| a death occurs as the result of the violation. | 16 |
| (b) The provisions of subsection (a) of this Section do not | 17 |
| apply to any of the following persons: | 18 |
| (1) to a person licensed under Section 5-1 of this Act | 19 |
| or to an officer, employee, associate, representative, | 20 |
| agent, or shareholder of a business licensed under Section | 21 |
| 5-1 of this Act who is acting within the scope of his or | 22 |
| her employment;
| 23 |
| (2) to a parent or guardian 21 years of age or older | 24 |
| giving alcoholic liquor to his or her children or wards | 25 |
| under the age of 21 years in their home; | 26 |
| (3) to a person giving alcoholic liquor to another | 27 |
| person under the age of 21 years in conjunction with a | 28 |
| religious ceremony or purpose if the alcoholic liquor was | 29 |
| lawfully purchased; or | 30 |
| (4) to any express company, common carrier, or contract | 31 |
| carrier or any representative, agent, or employee acting on | 32 |
| behalf of an express company, common carrier, or contract | 33 |
| carrier that carries or transports alcoholic liquor for |
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| delivery within this State that must comply with item (ii) | 2 |
| of subsection (a) of Section 6-16 of this Act. | 3 |
| (c) The provisions of subsection (a) of this Section do not | 4 |
| apply to a person who gives, serves, or permits to be served | 5 |
| any alcoholic liquor to a student under the age of 21 years if | 6 |
| all of the following conditions are met: | 7 |
| (1) the person is an authorized instructor of the | 8 |
| culinary arts of an accredited college or university, as | 9 |
| defined by the State Commission, and is 21 years of age or | 10 |
| older; | 11 |
| (2) the student is 18 years of age or older, is | 12 |
| enrolled in the accredited college or university, and is a | 13 |
| student in a culinary course, and the alcoholic liquor is | 14 |
| delivered as part of the student's required curriculum and | 15 |
| is used only for instructional purposes during classes | 16 |
| conducted pursuant to the curriculum; | 17 |
| (3) the student is required to taste, but not consume | 18 |
| or imbibe, the alcoholic liquor during classes conducted | 19 |
| under the supervision of the authorized instructor | 20 |
| pursuant to the curriculum; | 21 |
| (4) the alcoholic liquor is never offered solely for | 22 |
| consumption or imbibed by the student; and | 23 |
| (5) the alcoholic liquor at all times remains in the | 24 |
| possession and control of the authorized instructor, | 25 |
| except for uses authorized pursuant to this subsection (c). | 26 |
| (d) If a person is convicted of a violation of this | 27 |
| Section, the Secretary of State shall suspend the person's | 28 |
| driving privileges for a period of one year for a first offense | 29 |
| and for a period of 2 years for a second or subsequent offense. | 30 |
| Section 10. The Illinois Vehicle Code is amended by | 31 |
| changing Sections 6-106.1, 6-206, and 6-508 as follows: | 32 |
| (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) |
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| Sec. 6-106.1. School bus driver permit.
| 2 |
| (a) The Secretary of State shall issue a school bus driver
| 3 |
| permit to those applicants who have met all the requirements of | 4 |
| the
application and screening process under this Section to | 5 |
| insure the
welfare and safety of children who are transported | 6 |
| on school buses
throughout the State of Illinois. Applicants | 7 |
| shall obtain the
proper application required by the Secretary | 8 |
| of State from their
prospective or current employer and submit | 9 |
| the completed
application to the prospective or current | 10 |
| employer along
with the necessary fingerprint submission as | 11 |
| required by the
Department of
State Police to conduct | 12 |
| fingerprint based criminal background
checks on current and | 13 |
| future information available in the state
system and current | 14 |
| information available through the Federal Bureau
of | 15 |
| Investigation's system. Applicants who have completed the
| 16 |
| fingerprinting requirements shall not be subjected to the
| 17 |
| fingerprinting process when applying for subsequent permits or
| 18 |
| submitting proof of successful completion of the annual | 19 |
| refresher
course. Individuals who on the effective date of this | 20 |
| Act possess a valid
school bus driver permit that has been | 21 |
| previously issued by the appropriate
Regional School | 22 |
| Superintendent are not subject to the fingerprinting
| 23 |
| provisions of this Section as long as the permit remains valid | 24 |
| and does not
lapse. The applicant shall be required to pay all | 25 |
| related
application and fingerprinting fees as established by | 26 |
| rule
including, but not limited to, the amounts established by | 27 |
| the Department of
State Police and the Federal Bureau of | 28 |
| Investigation to process
fingerprint based criminal background | 29 |
| investigations. All fees paid for
fingerprint processing | 30 |
| services under this Section shall be deposited into the
State | 31 |
| Police Services Fund for the cost incurred in processing the | 32 |
| fingerprint
based criminal background investigations. All | 33 |
| other fees paid under this
Section shall be deposited into the | 34 |
| Road
Fund for the purpose of defraying the costs of the |
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| Secretary of State in
administering this Section. All | 2 |
| applicants must:
| 3 |
| 1. be 21 years of age or older;
| 4 |
| 2. possess a valid and properly classified driver's | 5 |
| license
issued by the Secretary of State;
| 6 |
| 3. possess a valid driver's license, which has not been
| 7 |
| revoked, suspended, or canceled for 3 years immediately | 8 |
| prior to
the date of application, or have not had his or | 9 |
| her commercial motor vehicle
driving privileges
| 10 |
| disqualified within the 3 years immediately prior to the | 11 |
| date of application;
| 12 |
| 4. successfully pass a written test, administered by | 13 |
| the
Secretary of State, on school bus operation, school bus | 14 |
| safety, and
special traffic laws relating to school buses | 15 |
| and submit to a review
of the applicant's driving habits by | 16 |
| the Secretary of State at the time the
written test is | 17 |
| given;
| 18 |
| 5. demonstrate ability to exercise reasonable care in | 19 |
| the operation of
school buses in accordance with rules | 20 |
| promulgated by the Secretary of State;
| 21 |
| 6. demonstrate physical fitness to operate school | 22 |
| buses by
submitting the results of a medical examination, | 23 |
| including tests for drug
use for each applicant not subject | 24 |
| to such testing pursuant to
federal law, conducted by a | 25 |
| licensed physician, an advanced practice nurse
who has a | 26 |
| written collaborative agreement with
a collaborating | 27 |
| physician which authorizes him or her to perform medical
| 28 |
| examinations, or a physician assistant who has been | 29 |
| delegated the
performance of medical examinations by his or | 30 |
| her supervising physician
within 90 days of the date
of | 31 |
| application according to standards promulgated by the | 32 |
| Secretary of State;
| 33 |
| 7. affirm under penalties of perjury that he or she has | 34 |
| not made a
false statement or knowingly concealed a |
|
|
|
09400SB1835sam002 |
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|
| 1 |
| material fact
in any application for permit;
| 2 |
| 8. have completed an initial classroom course, | 3 |
| including first aid
procedures, in school bus driver safety | 4 |
| as promulgated by the Secretary of
State; and after | 5 |
| satisfactory completion of said initial course an annual
| 6 |
| refresher course; such courses and the agency or | 7 |
| organization conducting such
courses shall be approved by | 8 |
| the Secretary of State; failure to
complete the annual | 9 |
| refresher course, shall result in
cancellation of the | 10 |
| permit until such course is completed;
| 11 |
| 9. not have been convicted of 2 or more serious traffic | 12 |
| offenses, as
defined by rule, within one year prior to the | 13 |
| date of application that may
endanger the life or safety of | 14 |
| any of the driver's passengers within the
duration of the | 15 |
| permit period;
| 16 |
| 10. not have been convicted of reckless driving, | 17 |
| driving while
intoxicated, or reckless homicide resulting | 18 |
| from the operation of a motor
vehicle within 3 years of the | 19 |
| date of application;
| 20 |
| 11. not have been convicted of committing or attempting
| 21 |
| to commit any
one or more of the following offenses: (i) | 22 |
| those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | 23 |
| 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | 24 |
| 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | 25 |
| 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 26 |
| 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| 27 |
| 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| 28 |
| 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | 29 |
| 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | 30 |
| 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
| 31 |
| 33A-2, and in subsection (a) and subsection (b), clause | 32 |
| (1), of Section
12-4 of the Criminal Code of 1961; (ii) | 33 |
| those offenses defined in the
Cannabis Control Act except | 34 |
| those offenses defined in subsections (a) and
(b) of |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| Section 4, and subsection (a) of Section 5 of the Cannabis | 2 |
| Control
Act; (iii) those offenses defined in the Illinois | 3 |
| Controlled Substances
Act; (iv) those offenses defined in | 4 |
| the Methamphetamine Control and Community Protection Act; | 5 |
| (v) any offense committed or attempted in any other state | 6 |
| or against
the laws of the United States, which if | 7 |
| committed or attempted in this
State would be punishable as | 8 |
| one or more of the foregoing offenses; (vi)
the offenses | 9 |
| defined in Section 4.1 and 5.1 of the Wrongs to Children | 10 |
| Act and (vii) those offenses defined in Sections
Section
| 11 |
| 6-16 and 6-33 of the Liquor Control Act of
1934;
| 12 |
| 12. not have been repeatedly involved as a driver in | 13 |
| motor vehicle
collisions or been repeatedly convicted of | 14 |
| offenses against
laws and ordinances regulating the | 15 |
| movement of traffic, to a degree which
indicates lack of | 16 |
| ability to exercise ordinary and reasonable care in the
| 17 |
| safe operation of a motor vehicle or disrespect for the | 18 |
| traffic laws and
the safety of other persons upon the | 19 |
| highway;
| 20 |
| 13. not have, through the unlawful operation of a motor
| 21 |
| vehicle, caused an accident resulting in the death of any | 22 |
| person; and
| 23 |
| 14. not have, within the last 5 years, been adjudged to | 24 |
| be
afflicted with or suffering from any mental disability | 25 |
| or disease.
| 26 |
| (b) A school bus driver permit shall be valid for a period | 27 |
| specified by
the Secretary of State as set forth by rule. It | 28 |
| shall be renewable upon compliance with subsection (a) of this
| 29 |
| Section.
| 30 |
| (c) A school bus driver permit shall contain the holder's | 31 |
| driver's
license number, legal name, residence address, zip | 32 |
| code, social
security number and date
of birth, a brief | 33 |
| description of the holder and a space for signature. The
| 34 |
| Secretary of State may require a suitable photograph of the |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| holder.
| 2 |
| (d) The employer shall be responsible for conducting a | 3 |
| pre-employment
interview with prospective school bus driver | 4 |
| candidates, distributing school
bus driver applications and | 5 |
| medical forms to be completed by the applicant, and
submitting | 6 |
| the applicant's fingerprint cards to the Department of State | 7 |
| Police
that are required for the criminal background | 8 |
| investigations. The employer
shall certify in writing to the | 9 |
| Secretary of State that all pre-employment
conditions have been | 10 |
| successfully completed including the successful completion
of | 11 |
| an Illinois specific criminal background investigation through | 12 |
| the
Department of State Police and the submission of necessary
| 13 |
| fingerprints to the Federal Bureau of Investigation for | 14 |
| criminal
history information available through the Federal | 15 |
| Bureau of
Investigation system. The applicant shall present the
| 16 |
| certification to the Secretary of State at the time of | 17 |
| submitting
the school bus driver permit application.
| 18 |
| (e) Permits shall initially be provisional upon receiving
| 19 |
| certification from the employer that all pre-employment | 20 |
| conditions
have been successfully completed, and upon | 21 |
| successful completion of
all training and examination | 22 |
| requirements for the classification of
the vehicle to be | 23 |
| operated, the Secretary of State shall
provisionally issue a | 24 |
| School Bus Driver Permit. The permit shall
remain in a | 25 |
| provisional status pending the completion of the
Federal Bureau | 26 |
| of Investigation's criminal background investigation based
| 27 |
| upon fingerprinting specimens submitted to the Federal Bureau | 28 |
| of
Investigation by the Department of State Police. The Federal | 29 |
| Bureau of
Investigation shall report the findings directly to | 30 |
| the Secretary
of State. The Secretary of State shall remove the | 31 |
| bus driver
permit from provisional status upon the applicant's | 32 |
| successful
completion of the Federal Bureau of Investigation's | 33 |
| criminal
background investigation.
| 34 |
| (f) A school bus driver permit holder shall notify the
|
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| employer and the Secretary of State if he or she is convicted | 2 |
| in
another state of an offense that would make him or her | 3 |
| ineligible
for a permit under subsection (a) of this Section. | 4 |
| The
written notification shall be made within 5 days of the | 5 |
| entry of
the conviction. Failure of the permit holder to | 6 |
| provide the
notification is punishable as a petty
offense for a | 7 |
| first violation and a Class B misdemeanor for a
second or | 8 |
| subsequent violation.
| 9 |
| (g) Cancellation; suspension; notice and procedure.
| 10 |
| (1) The Secretary of State shall cancel a school bus
| 11 |
| driver permit of an applicant whose criminal background | 12 |
| investigation
discloses that he or she is not in compliance | 13 |
| with the provisions of subsection
(a) of this Section.
| 14 |
| (2) The Secretary of State shall cancel a school
bus | 15 |
| driver permit when he or she receives notice that the | 16 |
| permit holder fails
to comply with any provision of this | 17 |
| Section or any rule promulgated for the
administration of | 18 |
| this Section.
| 19 |
| (3) The Secretary of State shall cancel a school bus
| 20 |
| driver permit if the permit holder's restricted commercial | 21 |
| or
commercial driving privileges are withdrawn or | 22 |
| otherwise
invalidated.
| 23 |
| (4) The Secretary of State may not issue a school bus
| 24 |
| driver permit for a period of 3 years to an applicant who | 25 |
| fails to
obtain a negative result on a drug test as | 26 |
| required in item 6 of
subsection (a) of this Section or | 27 |
| under federal law.
| 28 |
| (5) The Secretary of State shall forthwith suspend
a | 29 |
| school bus driver permit for a period of 3 years upon | 30 |
| receiving
notice that the holder has failed to obtain a | 31 |
| negative result on a
drug test as required in item 6 of | 32 |
| subsection (a) of this Section
or under federal law.
| 33 |
| The Secretary of State shall notify the State | 34 |
| Superintendent
of Education and the permit holder's |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| prospective or current
employer that the applicant has (1) has | 2 |
| failed a criminal
background investigation or (2) is no
longer | 3 |
| eligible for a school bus driver permit; and of the related
| 4 |
| cancellation of the applicant's provisional school bus driver | 5 |
| permit. The
cancellation shall remain in effect pending the | 6 |
| outcome of a
hearing pursuant to Section 2-118 of this Code. | 7 |
| The scope of the
hearing shall be limited to the issuance | 8 |
| criteria contained in
subsection (a) of this Section. A | 9 |
| petition requesting a
hearing shall be submitted to the | 10 |
| Secretary of State and shall
contain the reason the individual | 11 |
| feels he or she is entitled to a
school bus driver permit. The | 12 |
| permit holder's
employer shall notify in writing to the | 13 |
| Secretary of State
that the employer has certified the removal | 14 |
| of the offending school
bus driver from service prior to the | 15 |
| start of that school bus
driver's next workshift. An employing | 16 |
| school board that fails to
remove the offending school bus | 17 |
| driver from service is
subject to the penalties defined in | 18 |
| Section 3-14.23 of the School Code. A
school bus
contractor who | 19 |
| violates a provision of this Section is
subject to the | 20 |
| penalties defined in Section 6-106.11.
| 21 |
| All valid school bus driver permits issued under this | 22 |
| Section
prior to January 1, 1995, shall remain effective until | 23 |
| their
expiration date unless otherwise invalidated.
| 24 |
| (Source: P.A. 93-895, eff. 1-1-05; 94-556, eff. 9-11-05.)
| 25 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| 26 |
| Sec. 6-206. Discretionary authority to suspend or revoke | 27 |
| license or
permit; Right to a hearing.
| 28 |
| (a) The Secretary of State is authorized to suspend or | 29 |
| revoke the
driving privileges of any person without preliminary | 30 |
| hearing upon a showing
of the person's records or other | 31 |
| sufficient evidence that
the person:
| 32 |
| 1. Has committed an offense for which mandatory | 33 |
| revocation of
a driver's license or permit is required upon |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| conviction;
| 2 |
| 2. Has been convicted of not less than 3 offenses | 3 |
| against traffic
regulations governing the movement of | 4 |
| vehicles committed within any 12
month period. No | 5 |
| revocation or suspension shall be entered more than
6 | 6 |
| months after the date of last conviction;
| 7 |
| 3. Has been repeatedly involved as a driver in motor | 8 |
| vehicle
collisions or has been repeatedly convicted of | 9 |
| offenses against laws and
ordinances regulating the | 10 |
| movement of traffic, to a degree that
indicates lack of | 11 |
| ability to exercise ordinary and reasonable care in
the | 12 |
| safe operation of a motor vehicle or disrespect for the | 13 |
| traffic laws
and the safety of other persons upon the | 14 |
| highway;
| 15 |
| 4. Has by the unlawful operation of a motor vehicle | 16 |
| caused or
contributed to an accident resulting in death or | 17 |
| injury requiring
immediate professional treatment in a | 18 |
| medical facility or doctor's office
to any person, except | 19 |
| that any suspension or revocation imposed by the
Secretary | 20 |
| of State under the provisions of this subsection shall | 21 |
| start no
later than 6 months after being convicted of | 22 |
| violating a law or
ordinance regulating the movement of | 23 |
| traffic, which violation is related
to the accident, or | 24 |
| shall start not more than one year
after
the date of the | 25 |
| accident, whichever date occurs later;
| 26 |
| 5. Has permitted an unlawful or fraudulent use of a | 27 |
| driver's
license, identification card, or permit;
| 28 |
| 6. Has been lawfully convicted of an offense or | 29 |
| offenses in another
state, including the authorization | 30 |
| contained in Section 6-203.1, which
if committed within | 31 |
| this State would be grounds for suspension or revocation;
| 32 |
| 7. Has refused or failed to submit to an examination | 33 |
| provided for by
Section 6-207 or has failed to pass the | 34 |
| examination;
|
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| 8. Is ineligible for a driver's license or permit under | 2 |
| the provisions
of Section 6-103;
| 3 |
| 9. Has made a false statement or knowingly concealed a | 4 |
| material fact
or has used false information or | 5 |
| identification in any application for a
license, | 6 |
| identification card, or permit;
| 7 |
| 10. Has possessed, displayed, or attempted to | 8 |
| fraudulently use any
license, identification card, or | 9 |
| permit not issued to the person;
| 10 |
| 11. Has operated a motor vehicle upon a highway of this | 11 |
| State when
the person's driving privilege or privilege to | 12 |
| obtain a driver's license
or permit was revoked or | 13 |
| suspended unless the operation was authorized by
a judicial | 14 |
| driving permit, probationary license to drive, or a | 15 |
| restricted
driving permit issued under this Code;
| 16 |
| 12. Has submitted to any portion of the application | 17 |
| process for
another person or has obtained the services of | 18 |
| another person to submit to
any portion of the application | 19 |
| process for the purpose of obtaining a
license, | 20 |
| identification card, or permit for some other person;
| 21 |
| 13. Has operated a motor vehicle upon a highway of this | 22 |
| State when
the person's driver's license or permit was | 23 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 24 |
| 14. Has committed a violation of Section 6-301, | 25 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 26 |
| of the Illinois Identification Card
Act;
| 27 |
| 15. Has been convicted of violating Section 21-2 of the | 28 |
| Criminal Code
of 1961 relating to criminal trespass to | 29 |
| vehicles in which case, the suspension
shall be for one | 30 |
| year;
| 31 |
| 16. Has been convicted of violating Section 11-204 of | 32 |
| this Code relating
to fleeing from a peace officer;
| 33 |
| 17. Has refused to submit to a test, or tests, as | 34 |
| required under Section
11-501.1 of this Code and the person |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| has not sought a hearing as
provided for in Section | 2 |
| 11-501.1;
| 3 |
| 18. Has, since issuance of a driver's license or | 4 |
| permit, been adjudged
to be afflicted with or suffering | 5 |
| from any mental disability or disease;
| 6 |
| 19. Has committed a violation of paragraph (a) or (b) | 7 |
| of Section 6-101
relating to driving without a driver's | 8 |
| license;
| 9 |
| 20. Has been convicted of violating Section 6-104 | 10 |
| relating to
classification of driver's license;
| 11 |
| 21. Has been convicted of violating Section 11-402 of
| 12 |
| this Code relating to leaving the scene of an accident | 13 |
| resulting in damage
to a vehicle in excess of $1,000, in | 14 |
| which case the suspension shall be
for one year;
| 15 |
| 22. Has used a motor vehicle in violating paragraph | 16 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 17 |
| the Criminal Code of 1961 relating
to unlawful use of | 18 |
| weapons, in which case the suspension shall be for one
| 19 |
| year;
| 20 |
| 23. Has, as a driver, been convicted of committing a | 21 |
| violation of
paragraph (a) of Section 11-502 of this Code | 22 |
| for a second or subsequent
time within one year of a | 23 |
| similar violation;
| 24 |
| 24. Has been convicted by a court-martial or punished | 25 |
| by non-judicial
punishment by military authorities of the | 26 |
| United States at a military
installation in Illinois of or | 27 |
| for a traffic related offense that is the
same as or | 28 |
| similar to an offense specified under Section 6-205 or | 29 |
| 6-206 of
this Code;
| 30 |
| 25. Has permitted any form of identification to be used | 31 |
| by another in
the application process in order to obtain or | 32 |
| attempt to obtain a license,
identification card, or | 33 |
| permit;
| 34 |
| 26. Has altered or attempted to alter a license or has |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| possessed an
altered license, identification card, or | 2 |
| permit;
| 3 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 4 |
| of 1934;
| 5 |
| 28. Has been convicted of the illegal possession, while | 6 |
| operating or
in actual physical control, as a driver, of a | 7 |
| motor vehicle, of any
controlled substance prohibited | 8 |
| under the Illinois Controlled Substances
Act, any cannabis | 9 |
| prohibited under the Cannabis Control
Act, or any | 10 |
| methamphetamine prohibited under the Methamphetamine | 11 |
| Control and Community Protection Act, in which case the | 12 |
| person's driving privileges shall be suspended for
one | 13 |
| year, and any driver who is convicted of a second or | 14 |
| subsequent
offense, within 5 years of a previous | 15 |
| conviction, for the illegal
possession, while operating or | 16 |
| in actual physical control, as a driver, of
a motor | 17 |
| vehicle, of any controlled substance prohibited under the | 18 |
| Illinois Controlled Substances Act, any cannabis
| 19 |
| prohibited under the Cannabis Control Act, or any | 20 |
| methamphetamine prohibited under the Methamphetamine | 21 |
| Control and Community Protection Act shall be suspended for | 22 |
| 5 years.
Any defendant found guilty of this offense while | 23 |
| operating a motor vehicle,
shall have an entry made in the | 24 |
| court record by the presiding judge that
this offense did | 25 |
| occur while the defendant was operating a motor vehicle
and | 26 |
| order the clerk of the court to report the violation to the | 27 |
| Secretary
of State;
| 28 |
| 29. Has been convicted of the following offenses that | 29 |
| were committed
while the person was operating or in actual | 30 |
| physical control, as a driver,
of a motor vehicle: criminal | 31 |
| sexual assault,
predatory criminal sexual assault of a | 32 |
| child,
aggravated criminal sexual
assault, criminal sexual | 33 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 34 |
| soliciting for a juvenile prostitute and the manufacture, |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| sale or
delivery of controlled substances or instruments | 2 |
| used for illegal drug use
or abuse in which case the | 3 |
| driver's driving privileges shall be suspended
for one | 4 |
| year;
| 5 |
| 30. Has been convicted a second or subsequent time for | 6 |
| any
combination of the offenses named in paragraph 29 of | 7 |
| this subsection,
in which case the person's driving | 8 |
| privileges shall be suspended for 5
years;
| 9 |
| 31. Has refused to submit to a test as
required by | 10 |
| Section 11-501.6 or has submitted to a test resulting in
an | 11 |
| alcohol concentration of 0.08 or more or any amount of a | 12 |
| drug, substance, or
compound resulting from the unlawful | 13 |
| use or consumption of cannabis as listed
in the Cannabis | 14 |
| Control Act, a controlled substance as listed in the | 15 |
| Illinois
Controlled Substances Act, or an intoxicating | 16 |
| compound as listed in the Use of
Intoxicating Compounds | 17 |
| Act, in which case the penalty shall be
as prescribed in | 18 |
| Section 6-208.1;
| 19 |
| 32. Has been convicted of Section 24-1.2 of the | 20 |
| Criminal Code of
1961 relating to the aggravated discharge | 21 |
| of a firearm if the offender was
located in a motor vehicle | 22 |
| at the time the firearm was discharged, in which
case the | 23 |
| suspension shall be for 3 years;
| 24 |
| 33. Has as a driver, who was less than 21 years of age | 25 |
| on the date of
the offense, been convicted a first time of | 26 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 27 |
| or a similar provision of a local ordinance;
| 28 |
| 34. Has committed a violation of Section 11-1301.5 of | 29 |
| this Code;
| 30 |
| 35. Has committed a violation of Section 11-1301.6 of | 31 |
| this Code;
| 32 |
| 36. Is under the age of 21 years at the time of arrest | 33 |
| and has been
convicted of not less than 2 offenses against | 34 |
| traffic regulations governing
the movement of vehicles |
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| committed within any 24 month period. No revocation
or | 2 |
| suspension shall be entered more than 6 months after the | 3 |
| date of last
conviction;
| 4 |
| 37. Has committed a violation of subsection (c) of | 5 |
| Section 11-907 of this
Code;
| 6 |
| 38. Has been convicted of a violation of Section 6-20 | 7 |
| of the Liquor
Control Act of 1934 or a similar provision of | 8 |
| a local ordinance;
| 9 |
| 39. Has committed a second or subsequent violation of | 10 |
| Section
11-1201 of this Code;
| 11 |
| 40. Has committed a violation of subsection (a-1) of | 12 |
| Section 11-908 of
this Code; or | 13 |
| 41. Has committed a second or subsequent violation of | 14 |
| Section 11-605.1 of this Code within 2 years of the date of | 15 |
| the previous violation, in which case the suspension shall | 16 |
| be for 90 days. | 17 |
| 42. Has been convicted of a violation of Section 6-33 | 18 |
| of the Liquor Control Act of 1934.
| 19 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 20 |
| and 27 of this
subsection, license means any driver's license, | 21 |
| any traffic ticket issued when
the person's driver's license is | 22 |
| deposited in lieu of bail, a suspension
notice issued by the | 23 |
| Secretary of State, a duplicate or corrected driver's
license, | 24 |
| a probationary driver's license or a temporary driver's | 25 |
| license.
| 26 |
| (b) If any conviction forming the basis of a suspension or
| 27 |
| revocation authorized under this Section is appealed, the
| 28 |
| Secretary of State may rescind or withhold the entry of the | 29 |
| order of suspension
or revocation, as the case may be, provided | 30 |
| that a certified copy of a stay
order of a court is filed with | 31 |
| the Secretary of State. If the conviction is
affirmed on | 32 |
| appeal, the date of the conviction shall relate back to the | 33 |
| time
the original judgment of conviction was entered and the 6 | 34 |
| month limitation
prescribed shall not apply.
|
|
|
|
09400SB1835sam002 |
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LRB094 10872 LJB 56411 a |
|
| 1 |
| (c) 1. Upon suspending or revoking the driver's license or | 2 |
| permit of
any person as authorized in this Section, the | 3 |
| Secretary of State shall
immediately notify the person in | 4 |
| writing of the revocation or suspension.
The notice to be | 5 |
| deposited in the United States mail, postage prepaid,
to | 6 |
| the last known address of the person.
| 7 |
| 2. If the Secretary of State suspends the driver's | 8 |
| license
of a person under subsection 2 of paragraph (a) of | 9 |
| this Section, a
person's privilege to operate a vehicle as | 10 |
| an occupation shall not be
suspended, provided an affidavit | 11 |
| is properly completed, the appropriate fee
received, and a | 12 |
| permit issued prior to the effective date of the
| 13 |
| suspension, unless 5 offenses were committed, at least 2 of | 14 |
| which occurred
while operating a commercial vehicle in | 15 |
| connection with the driver's
regular occupation. All other | 16 |
| driving privileges shall be suspended by the
Secretary of | 17 |
| State. Any driver prior to operating a vehicle for
| 18 |
| occupational purposes only must submit the affidavit on | 19 |
| forms to be
provided by the Secretary of State setting | 20 |
| forth the facts of the person's
occupation. The affidavit | 21 |
| shall also state the number of offenses
committed while | 22 |
| operating a vehicle in connection with the driver's regular
| 23 |
| occupation. The affidavit shall be accompanied by the | 24 |
| driver's license.
Upon receipt of a properly completed | 25 |
| affidavit, the Secretary of State
shall issue the driver a | 26 |
| permit to operate a vehicle in connection with the
driver's | 27 |
| regular occupation only. Unless the permit is issued by the
| 28 |
| Secretary of State prior to the date of suspension, the | 29 |
| privilege to drive
any motor vehicle shall be suspended as | 30 |
| set forth in the notice that was
mailed under this Section. | 31 |
| If an affidavit is received subsequent to the
effective | 32 |
| date of this suspension, a permit may be issued for the | 33 |
| remainder
of the suspension period.
| 34 |
| The provisions of this subparagraph shall not apply to |
|
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| 1 |
| any driver
required to possess a CDL for the purpose of | 2 |
| operating a commercial motor vehicle.
| 3 |
| Any person who falsely states any fact in the affidavit | 4 |
| required
herein shall be guilty of perjury under Section | 5 |
| 6-302 and upon conviction
thereof shall have all driving | 6 |
| privileges revoked without further rights.
| 7 |
| 3. At the conclusion of a hearing under Section 2-118 | 8 |
| of this Code,
the Secretary of State shall either rescind | 9 |
| or continue an order of
revocation or shall substitute an | 10 |
| order of suspension; or, good
cause appearing therefor, | 11 |
| rescind, continue, change, or extend the
order of | 12 |
| suspension. If the Secretary of State does not rescind the | 13 |
| order,
the Secretary may upon application,
to relieve undue | 14 |
| hardship, issue
a restricted driving permit granting the | 15 |
| privilege of driving a motor
vehicle between the | 16 |
| petitioner's residence and petitioner's place of
| 17 |
| employment or within the scope of his employment related | 18 |
| duties, or to
allow transportation for the petitioner, or a | 19 |
| household member of the
petitioner's family, to receive | 20 |
| necessary medical care and if the
professional evaluation | 21 |
| indicates, provide transportation for alcohol
remedial or | 22 |
| rehabilitative activity, or for the petitioner to attend
| 23 |
| classes, as a student, in an accredited educational | 24 |
| institution; if the
petitioner is able to demonstrate that | 25 |
| no alternative means of
transportation is reasonably | 26 |
| available and the petitioner will not endanger
the public | 27 |
| safety or welfare.
| 28 |
| If a person's license or permit has been revoked or | 29 |
| suspended due to 2
or more convictions of violating Section | 30 |
| 11-501 of this Code or a similar
provision of a local | 31 |
| ordinance or a similar out-of-state offense, arising out
of | 32 |
| separate occurrences, that person, if issued a restricted | 33 |
| driving permit,
may not operate a vehicle unless it has | 34 |
| been equipped with an ignition
interlock device as defined |
|
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| 1 |
| in Section 1-129.1.
| 2 |
| If a person's license or permit has been revoked or | 3 |
| suspended 2 or more
times within a 10 year period due to a | 4 |
| single conviction of violating Section
11-501 of this Code | 5 |
| or a similar provision of a local ordinance or a similar
| 6 |
| out-of-state offense, and a statutory summary suspension | 7 |
| under Section
11-501.1, or 2 or more statutory summary | 8 |
| suspensions, or combination of 2
offenses, or of an offense | 9 |
| and a statutory summary suspension, arising out of
separate | 10 |
| occurrences, that person, if issued a restricted driving | 11 |
| permit, may
not operate a vehicle unless it has been
| 12 |
| equipped with an ignition interlock device as defined in | 13 |
| Section 1-129.1.
The person must pay to the Secretary of | 14 |
| State DUI Administration Fund an amount
not to exceed $20 | 15 |
| per month. The Secretary shall establish by rule the amount
| 16 |
| and the procedures, terms, and conditions relating to these | 17 |
| fees. If the
restricted driving permit was issued for | 18 |
| employment purposes, then this
provision does not apply to | 19 |
| the operation of an occupational vehicle owned or
leased by | 20 |
| that person's employer. In each case the Secretary may | 21 |
| issue a
restricted driving permit for a period deemed | 22 |
| appropriate, except that all
permits shall expire within | 23 |
| one year from the date of issuance. The Secretary
may not, | 24 |
| however, issue a restricted driving permit to any person | 25 |
| whose current
revocation is the result of a second or | 26 |
| subsequent conviction for a violation
of Section 11-501 of | 27 |
| this Code or a similar provision of a local ordinance
| 28 |
| relating to the offense of operating or being in physical | 29 |
| control of a motor
vehicle while under the influence of | 30 |
| alcohol, other drug or drugs, intoxicating
compound or | 31 |
| compounds, or any similar out-of-state offense, or any | 32 |
| combination
of those offenses, until the expiration of at | 33 |
| least one year from the date of
the revocation. A
| 34 |
| restricted driving permit issued under this Section shall |
|
|
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| be subject to
cancellation, revocation, and suspension by | 2 |
| the Secretary of State in like
manner and for like cause as | 3 |
| a driver's license issued under this Code may be
cancelled, | 4 |
| revoked, or suspended; except that a conviction upon one or | 5 |
| more
offenses against laws or ordinances regulating the | 6 |
| movement of traffic
shall be deemed sufficient cause for | 7 |
| the revocation, suspension, or
cancellation of a | 8 |
| restricted driving permit. The Secretary of State may, as
a | 9 |
| condition to the issuance of a restricted driving permit, | 10 |
| require the
applicant to participate in a designated driver | 11 |
| remedial or rehabilitative
program. The Secretary of State | 12 |
| is authorized to cancel a restricted
driving permit if the | 13 |
| permit holder does not successfully complete the program.
| 14 |
| (c-5) The Secretary of State may, as a condition of the | 15 |
| reissuance of a
driver's license or permit to an applicant | 16 |
| whose driver's license or permit has
been suspended before he | 17 |
| or she reached the age of 18 years pursuant to any of
the | 18 |
| provisions of this Section, require the applicant to | 19 |
| participate in a
driver remedial education course and be | 20 |
| retested under Section 6-109 of this
Code.
| 21 |
| (d) This Section is subject to the provisions of the | 22 |
| Drivers License
Compact.
| 23 |
| (e) The Secretary of State shall not issue a restricted | 24 |
| driving permit to
a person under the age of 16 years whose | 25 |
| driving privileges have been suspended
or revoked under any | 26 |
| provisions of this Code.
| 27 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 28 |
| State may not issue a restricted driving permit for the | 29 |
| operation of a commercial motor vehicle to a person holding a | 30 |
| CDL whose driving privileges have been revoked under any | 31 |
| provisions of this Code. | 32 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 33 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 34 |
| 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
|
|
|
|
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|
| 1 |
| (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 2 |
| Sec. 6-508. Commercial Driver's License (CDL) - | 3 |
| qualification standards.
| 4 |
| (a) Testing.
| 5 |
| (1) General. No person shall be issued an original or | 6 |
| renewal CDL
unless that person is
domiciled in this State. | 7 |
| The Secretary shall cause to be administered such
tests as | 8 |
| the Secretary deems necessary to meet the requirements of | 9 |
| 49
C.F.R. Part 383, subparts G and H.
| 10 |
| (2) Third party testing. The Secretary of state may | 11 |
| authorize a
"third party tester", pursuant to 49 C.F.R. | 12 |
| Part 383.75, to administer the
skills test or tests | 13 |
| specified by Federal Highway Administration pursuant to | 14 |
| the
Commercial Motor Vehicle Safety Act of 1986 and any | 15 |
| appropriate federal rule.
| 16 |
| (b) Waiver of Skills Test. The Secretary of State may waive | 17 |
| the skills
test specified in this Section for a commercial | 18 |
| driver license applicant
who meets the requirements of 49 | 19 |
| C.F.R. Part 383.77 and Part 383.123.
| 20 |
| (c) Limitations on issuance of a CDL. A CDL, or a | 21 |
| commercial driver
instruction permit, shall not be issued to a | 22 |
| person while the person is
subject to a disqualification from | 23 |
| driving a commercial motor vehicle, or
unless otherwise | 24 |
| permitted by this Code, while the person's driver's
license is | 25 |
| suspended, revoked or cancelled in
any state, or any territory | 26 |
| or province of Canada; nor may a CDL be issued
to a person who | 27 |
| has a CDL issued by any other state, or foreign
jurisdiction, | 28 |
| unless the person first surrenders all such
licenses. No CDL | 29 |
| shall be issued to or renewed for a person who does not
meet | 30 |
| the requirement of 49 CFR 391.41(b)(11). The requirement may be | 31 |
| met with
the aid of a hearing aid.
| 32 |
| (c-1) The Secretary may issue a CDL with a school bus | 33 |
| driver endorsement
to allow a person to drive the type of bus |
|
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| 1 |
| described in subsection (d-5) of
Section 6-104 of this Code. | 2 |
| The CDL with a school bus driver endorsement may be
issued only | 3 |
| to a person meeting the following requirements:
| 4 |
| (1) the person has submitted his or her fingerprints to | 5 |
| the
Department of State Police in the form and manner
| 6 |
| prescribed by the Department of State Police. These
| 7 |
| fingerprints shall be checked against the fingerprint | 8 |
| records
now and hereafter filed in the Department of State | 9 |
| Police and
Federal Bureau of Investigation criminal | 10 |
| history records databases;
| 11 |
| (2) the person has passed a written test, administered | 12 |
| by the Secretary of
State, on charter bus operation, | 13 |
| charter bus safety, and certain special
traffic laws
| 14 |
| relating to school buses determined by the Secretary of | 15 |
| State to be relevant to
charter buses, and submitted to a | 16 |
| review of the applicant's driving
habits by the Secretary | 17 |
| of State at the time the written test is given;
| 18 |
| (3) the person has demonstrated physical fitness to | 19 |
| operate school buses
by
submitting the results of a medical | 20 |
| examination, including tests for drug
use; and
| 21 |
| (4) the person has not been convicted of committing or | 22 |
| attempting
to commit any
one or more of the following | 23 |
| offenses: (i) those offenses defined in
Sections 9-1, | 24 |
| 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| 25 |
| 10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | 26 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
| 27 |
| 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, | 28 |
| 12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, | 29 |
| 12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | 30 |
| 12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, | 31 |
| 18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, | 32 |
| 31A-1, 31A-1.1, and
33A-2, and in subsection (a) and | 33 |
| subsection (b), clause (1), of Section
12-4 of the Criminal | 34 |
| Code of 1961; (ii) those offenses defined in the
Cannabis |
|
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| 1 |
| Control Act except those offenses defined in subsections | 2 |
| (a) and
(b) of Section 4, and subsection (a) of Section 5 | 3 |
| of the Cannabis Control
Act; (iii) those offenses defined | 4 |
| in the Illinois Controlled Substances
Act; (iv) those | 5 |
| offenses defined in the Methamphetamine Control and | 6 |
| Community Protection Act; (v) any offense committed or | 7 |
| attempted in any other state or against
the laws of the | 8 |
| United States, which if committed or attempted in this
| 9 |
| State would be punishable as one or more of the foregoing | 10 |
| offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 11 |
| of the Wrongs to Children Act; and (vii) those offenses | 12 |
| defined in Sections
Section 6-16 and 6-33 of the Liquor | 13 |
| Control Act of
1934.
| 14 |
| The Department of State Police shall charge
a fee for | 15 |
| conducting the criminal history records check, which shall be
| 16 |
| deposited into the State Police Services Fund and may not | 17 |
| exceed the actual
cost of the records check.
| 18 |
| (c-2) The Secretary shall issue a CDL with a school bus | 19 |
| endorsement to allow a person to drive a school bus as defined | 20 |
| in this Section. The CDL shall be issued according to the | 21 |
| requirements outlined in 49 C.F.R. 383. A person may not | 22 |
| operate a school bus as defined in this Section without a | 23 |
| school bus endorsement. The Secretary of State may adopt rules | 24 |
| consistent with Federal guidelines to implement this | 25 |
| subsection (c-2).
| 26 |
| (d) Commercial driver instruction permit. A commercial | 27 |
| driver
instruction permit may be issued to any person holding a | 28 |
| valid Illinois
driver's license if such person successfully | 29 |
| passes such tests as the
Secretary determines to be necessary.
| 30 |
| A commercial driver instruction permit shall not be issued to a | 31 |
| person who
does not meet
the requirements of 49 CFR 391.41 | 32 |
| (b)(11), except for the renewal of a
commercial driver
| 33 |
| instruction permit for a person who possesses a commercial | 34 |
| instruction permit
prior to the
effective date of this |
|
|
|
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|
| 1 |
| amendatory Act of 1999.
| 2 |
| (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; 94-307, | 3 |
| eff. 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 4 |
| Section 99. Effective date. This Act takes effect January | 5 |
| 1, 2007.".
|
|