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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 625 ILCS 5/1-218
(625 ILCS 5/1-218) (from Ch. 95 1/2, par. 1-218)
Sec. 1-218.
(Repealed).
(Source: P.A. 77-643. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-218.1
(625 ILCS 5/1-218.1) (from Ch. 95 1/2, par. 1-218.1)
Sec. 1-218.1.
Vehicle shell.
Every sheet metal part of a vehicle whether
or not attached to a chassis or part of a chassis. For the purposes of this
definition the term vehicle shell shall include the terms, shell, vehicle
hulk, body, vehicle body.
(Source: P.A. 83-831.)
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625 ILCS 5/1-218.5
(625 ILCS 5/1-218.5)
Sec. 1-218.5.
Verified evidence.
A document that is confirmed or
substantiated by a sworn report or any public record received from a court of
competent jurisdiction.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-218.10 (625 ILCS 5/1-218.10) Sec. 1-218.10. Video event recorder. A video recorder placed inside a vehicle that continuously records, in a digital loop, audio, video, and G-force levels.
(Source: P.A. 99-689, eff. 1-1-17 .) |
625 ILCS 5/1-219
(625 ILCS 5/1-219) (from Ch. 95 1/2, par. 1-219)
Sec. 1-219.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-220 (625 ILCS 5/1-220) Sec. 1-220. Volunteer EMS provider. An Emergency Medical Services (EMS) Volunteer Ambulance provider who, on the effective date of this amendatory Act of the 99th General Assembly, has a valid memorandum of understanding with a municipality with a population of more than 1,000,000 to provide voluntary assistance to and for the benefit of the residents of that municipality.
(Source: P.A. 99-40, eff. 1-1-16 .) |
625 ILCS 5/1-221
(625 ILCS 5/1-221) (from Ch. 95 1/2, par. 1-221)
Sec. 1-221.
(Repealed).
(Source: P.A. 79-715. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-222
(625 ILCS 5/1-222) (from Ch. 95 1/2, par. 1-222)
Sec. 1-222.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-171.6 by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-223
(625 ILCS 5/1-223) (from Ch. 95 1/2, par. 1-223)
Sec. 1-223.
(Repealed).
(Source: P.A. 82-433. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-224
(625 ILCS 5/1-224) (from Ch. 95 1/2, par. 1-224)
Sec. 1-224.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-171.8 by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/1-300
(625 ILCS 5/1-300) (from Ch. 95 1/2, par. 1-300)
Sec. 1-300.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-158.5 by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/Ch. 2
(625 ILCS 5/Ch. 2 heading)
CHAPTER 2.
THE SECRETARY OF STATE
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625 ILCS 5/2-101
(625 ILCS 5/2-101) (from Ch. 95 1/2, par. 2-101)
Sec. 2-101.
Administration vested in Secretary of State.
The Secretary of State is hereby vested with powers and duties and
jurisdiction of administering Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of The
Illinois Vehicle Code.
(Source: P.A. 76-1586 .)
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625 ILCS 5/2-102
(625 ILCS 5/2-102) (from Ch. 95 1/2, par. 2-102)
Sec. 2-102.
Organization of administration.
The Secretary of State shall organize the work of the administration of
the portion of this Act delegated to him in such manner as he may deem
necessary to carry out those provisions of this Act.
(Source: P.A. 76-1586 .)
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625 ILCS 5/2-103
(625 ILCS 5/2-103) (from Ch. 95 1/2, par. 2-103)
Sec. 2-103.
Secretary of State to appoint subordinates.
The Secretary of State shall appoint such subordinate officers,
clerks, investigators, and other employees as may be necessary to carry
out the provisions of this Act.
(Source: P.A. 82-783.)
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625 ILCS 5/2-104
(625 ILCS 5/2-104) (from Ch. 95 1/2, par. 2-104)
Sec. 2-104.
Powers and duties of the Secretary of State.
(a) The administration of Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of this Act
is vested in the Secretary of State, who is charged with the duty of
observing, administering and enforcing the provisions of this Act.
(b) The Secretary may from time to time make, amend, and rescind such
rules and regulations as may be necessary in the public interest to carry
out the provisions of this Act, including rules and regulations governing
procedures for the filing of applications and the issuance of licenses or
registrations thereunder. The rules and regulations adopted by the
Secretary of State under this Act shall be effective in the manner provided
for in "The Illinois Administrative Procedure Act", approved September 22,
1975, as amended.
(Source: P.A. 83-333 .)
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625 ILCS 5/2-105
(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State. (a) The Secretary of State shall maintain offices in the State capital and
in such other places in the State as he may deem necessary to properly
carry out the powers and duties vested in him.
(b) The Secretary of State may construct and equip one or more buildings in
the State of Illinois outside of the County of Sangamon as he deems
necessary to properly carry out the powers and duties vested in him. The
Secretary of State may, on behalf of the State of Illinois, acquire public
or private property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings constructed
thereon shall be vested in the Secretary of State. Expenditures for the
construction and equipping of any of such buildings upon premises owned by
another public entity shall not be subject to the provisions of any State
law requiring that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary of State by
this Section is subject to the appropriation of the necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of the Election Code,
the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for a driver's
license or permit, a corrected driver's license or permit, an Illinois
identification card or a corrected Illinois identification card
shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, that unless he or she affirmatively declines, his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application. Such notification may be made in
writing or verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may be necessary
for the efficient execution of his duties and the duties of his employees
under this Section.
(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft. (g) The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018. (Source: P.A. 100-464, eff. 8-28-17.)
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625 ILCS 5/2-105.5 (625 ILCS 5/2-105.5) Sec. 2-105.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
625 ILCS 5/2-106
(625 ILCS 5/2-106) (from Ch. 95 1/2, par. 2-106)
Sec. 2-106.
Secretary of State to prescribe forms.
The Secretary of State shall prescribe or provide suitable forms of
applications, certificates of title, registration cards, driver's licenses
and such other forms requisite or deemed necessary to carry out the
provisions of this Act and any other laws pertaining to vehicles the
enforcement and administration of which are vested in the Secretary of
State.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-107
(625 ILCS 5/2-107) (from Ch. 95 1/2, par. 2-107)
Sec. 2-107.
Authority to administer oaths.
Officers and employees of the Secretary of State designated by him are,
for the purpose of administering the motor vehicle laws and any other laws
relating to the use and operation of motor vehicles, authorized to
administer oaths and acknowledge signatures, and shall do so without fee.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-108
(625 ILCS 5/2-108) (from Ch. 95 1/2, par. 2-108)
Sec. 2-108.
Authority to certify copies of records.
The Secretary of State is hereby authorized to prepare under the seal of
the Secretary of State certified copies of any records of his office and
every such certified copy shall be admissible in any proceeding in any
court in like manner as the original thereof.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-109
(625 ILCS 5/2-109) (from Ch. 95 1/2, par. 2-109)
Sec. 2-109.
Records of Secretary of State.
The Secretary of State may destroy any records of his office relating to
the administration of any laws relating to the use and operation of motor
vehicles the enforcement and administration of which are vested in him, if
such records have been maintained on file for 4 years. Such records may be
destroyed prior thereto with the approval of the State Records Commission.
(Source: P.A. 76-1586.)
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625 ILCS 5/2-109.1
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Department of Healthcare and Family Services which may be necessary for
the establishment of
paternity and the establishment, modification, and enforcement of child
support orders pursuant to
the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Secretary of State shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16 .)
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625 ILCS 5/2-110 (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
Sec. 2-110. Authority to grant or refuse applications.
The Secretary of State shall examine and determine the genuineness,
regularity and legality of every application for registration of a vehicle,
for a certificate of title therefor, and for a driver's license and of any
other application lawfully made to the Secretary of State, and may in all
cases make investigation
and verify the information and the authenticity of the documents submitted
as may be deemed necessary or require additional
information, and shall reject any such application if not satisfied of the
genuineness, regularity or legality thereof or the truth of any statement
contained therein, or for any other reason, when authorized by law.
(Source: P.A. 93-895, eff. 1-1-05.)
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625 ILCS 5/2-111 (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) Sec. 2-111. Seizure or confiscation of documents and plates.
(a) The Secretary of State or any law enforcement entity is
authorized to take possession of any certificate of title, registration
card, permit, license, registration plate or digital registration plate, plates, disability
license plate or parking decal or device, or registration sticker or digital registration sticker
issued by the Secretary upon expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or erroneously issued.
Police officers who have seized such items shall return the items to the Secretary of State in a manner and form set forth by the Secretary in administrative rule to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected
fraudulent,
fictitious, or altered documents submitted by an applicant in support of an
application for
a driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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625 ILCS 5/2-112
(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
Sec. 2-112. Distribution of synopsis laws.
(a) The Secretary of State may publish a synopsis or summary of the laws of
this State regulating the operation of vehicles and may deliver a copy
thereof without charge with each original vehicle registration and with
each original driver's license.
(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. (c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind). (d) The Secretary of State shall include, in the Illinois
Rules of the Road publication, information advising drivers to
use the zipper merge method when merging into a reduced number
of lanes (drivers in merging lanes are expected to use both
lanes to advance to the lane reduction point and merge at that
location, alternating turns). (e) The Secretary of State, in consultation with the Illinois State Police, shall include in the Illinois
Rules of the Road publication a description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. (f) The Secretary of State shall include, in the Illinois Rules of Road publication, information advising drivers on best practices related to stranded motorists. This may include, but is not limited to, how to safely pull the vehicle out of traffic, activating hazard lights, when to remain in a vehicle, how to safely exit a stranded vehicle, where to find a safe place outside the stranded vehicle, and emergency numbers to call for assistance. (Source: P.A. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24 .)
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625 ILCS 5/2-113
(625 ILCS 5/2-113) (from Ch. 95 1/2, par. 2-113)
Sec. 2-113.
Secretary of State may subpoena witnesses and request the production of
books and records.
(a) The Secretary of State, or employees designated by him, may request
the production of pertinent books, records, letters, contracts or other
pertinent documents of any person licensed or required to be licensed or
registered under any chapter of this Act, for the purpose of investigations
or audits, which in the opinion of the Secretary of State, are necessary
and proper for the enforcement of this Act and the collection of any fees
or taxes required to be paid under this Act.
(b) For the purpose of all hearings which in the opinion of the
Secretary of State are necessary and proper for the enforcement of this
Act, the Secretary of State, or a person designated by him is empowered to
administer oaths and affirmations, subpoena witnesses, take evidence, and
require the production of any books, papers or other documents which the
Secretary of State, or a person designated by him, deems relevant or
material to the inquiry. Any circuit court of this State, upon application
by the Secretary of State and upon a proper showing may order the
attendance of witnesses, the production of books, papers, accounts and
documents and the giving of testimony before the Secretary of State, or a
person designated by him; and any failure to obey such order may be
punished by such circuit court as a contempt thereof. The fees of
subpoenaed witnesses under this Act for attendance and travel shall be the
same as fees of witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further attendance, provided,
such witness is subpoenaed at the instance of the Secretary of State; and
payment of such fees shall be made and audited in the same manner as other
expenses of the Secretary of State. Whenever a subpoena is issued at the
request of a complainant or respondent or defendant as the case may be, the
Secretary of State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the witness is
summoned. The Secretary of State shall have power in his discretion, to
require a deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness served with
subpoena. A subpoena issued under the provisions of this Act shall be
served in the same manner as a subpoena issued out of a court.
(Source: P.A. 77-1541.)
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625 ILCS 5/2-114
(625 ILCS 5/2-114) (from Ch. 95 1/2, par. 2-114)
Sec. 2-114. Giving of notice.
Whenever the Secretary of State is authorized or required to give any
notice under this Act or other law regulating the operation of vehicles,
unless a different method of giving such notice is otherwise expressly
prescribed, such notice shall be given either by personal delivery thereof
to the person to be so notified or by deposit in the United States mail of
such notice in an envelope with postage prepaid, addressed to such person
at his address as shown by the records of the Office of the Secretary of
State. The giving of notice by mail is complete upon the expiration of 4
days after such deposit of said notice. Proof of the giving of notice in
either such manner may be made by the certificate of any officer or
employee of the Secretary of State or affidavit of any person over 18 years
of age, naming the person to whom such notice was given and specifying the
time, place and manner of the giving thereof.
The Secretary may include with the notice any material, from any source, relating to the donation of any vehicle to any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
(Source: P.A. 93-796, eff. 7-22-04.)
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625 ILCS 5/2-115
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary. It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.
No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence. Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary. In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund. Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
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625 ILCS 5/2-116
(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors, and
investigators appointed by him shall cooperate with the Illinois State Police and
the sheriffs and police in enforcing the laws regulating the operation of
vehicles and the use of the highways.
(b) The Secretary of State may provide training and education for
members of his office in traffic regulation, the promotion of traffic
safety and the enforcement of laws vested in the Secretary of State for
administration and enforcement regulating the operation of vehicles and the
use of the highways.
(c) The Secretary of State may provide distinctive uniforms and badges
for officers, inspectors and investigators employed in the administration
of laws relating to the operation of vehicles and the use of the highways
and vesting the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. (d) The Secretary of State Department of Police is authorized to:
(1) investigate the origins, activities, persons, and | | incidents of crime and the ways and means, if any, to redress the victims of crimes, and study the impact, if any, of legislation relative to the criminal laws of this State related thereto and conduct any other investigations as may be provided by law;
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(2) employ skilled experts, technicians,
| | investigators, special agents, or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State;
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(3) cooperate with the police of cities, villages,
| | and incorporated towns, and with the police officers of any county, in enforcing the laws of the State and in making arrests;
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(4) provide, as may be required by law, assistance to
| | local law enforcement agencies through training, management, and consultant services for local law enforcement agencies, pertaining to law enforcement activities;
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(5) exercise the rights, powers, and duties which
| | have been vested in it by the Secretary of State Act and this Code; and
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(6) enforce and administer any other laws in relation
| | to law enforcement as may be vested in the Secretary of State Department of Police.
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Persons within the Secretary of State Department of Police who exercise
these powers are conservators of the peace and have all the powers possessed
by policemen in municipalities and sheriffs, and may exercise these powers
anywhere in the State in cooperation with local
law enforcement officials. These
persons may use false or fictitious names in the performance of their duties
under this Section, upon approval of the Director of Police-Secretary of
State, and shall not be subject to prosecution under the criminal laws for that
use.
(e) The Secretary of State Department of Police may charge, collect, and
receive fees or moneys equivalent to the cost of providing its personnel,
equipment, and services to governmental agencies when explicitly requested by
a governmental agency and according to an intergovernmental agreement or
memorandums of understanding as provided by this Section, including but not
limited to fees or moneys equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest of the
Secretary of State. All fees received by the Secretary of State Police
Department under this Act shall be deposited in a special fund in the State
Treasury to be known as
the Secretary of State Police Services Fund. The money deposited in the
Secretary of State Police Services Fund shall be appropriated to the Secretary
of State Department of Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply for grants or
contracts and receive, expend, allocate, or disburse moneys made
available by public or private entities, including, but not limited to,
contracts,
bequests, grants, or receiving equipment from corporations, foundations, or
public or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby created as a
special fund in the State Treasury. All moneys received under this Section by
the Secretary of
State
Department of Police shall be deposited into the Secretary of State Police
Services Fund to be appropriated to the Secretary of State Department of Police
for purposes as indicated by the grantor or contractor or, in the case of
moneys bequeathed or granted for no specific purpose, for any purpose as
deemed appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State Department of
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/2-117
(625 ILCS 5/2-117) (from Ch. 95 1/2, par. 2-117)
Sec. 2-117.
Injunction.
Whenever it shall appear to the Secretary of State that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this Act, or of any rule
or regulation prescribed under authority thereof, the Secretary of State
may in his or her discretion, through the Attorney General, apply for an
injunction without notice, and upon a proper showing,
the circuit court shall have power to enter a permanent or
preliminary
injunction or a temporary restraining order without bond, to enforce
the provisions of
this Act, in addition to the penalties and other remedies in this Act
provided; and either party may appeal as in other civil cases.
(Source: P.A. 83-342.)
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625 ILCS 5/2-118
(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of
the issuance of a license, permit, registration or certificate of title
under this Code of any person the Secretary of State shall immediately
notify such person in writing and upon his written request shall, within 20
days after receipt thereof, set a date for a hearing to commence within 90
calendar days from the date of the written request for all requests related to
a suspension, revocation, or the denial of the issuance of a license, permit,
registration, or certificate of title occurring after July 1, 2002, in the
County of
Sangamon, the County of Jefferson, or the County of Cook, as such
person may specify, unless both
parties agree that such hearing may be held in some other county.
The Secretary may require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary of State DUI
Administration Fund, a special fund created in the State treasury, and, subject
to appropriation and as directed by the Secretary of State, shall be used for
operation of the Department of Administrative Hearings of the Office of the
Secretary of
State
and for no other purpose. The
Secretary shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(b) At any time after the suspension, revocation or denial of a license,
permit, registration or certificate of title of any person as
hereinbefore referred to, the Secretary of State, in his or her discretion
and
without the necessity of a request by such person, may hold such a hearing,
upon not less than 10 days' notice in writing, in the Counties of Sangamon,
Jefferson,
or Cook or in any other county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or his authorized
agent may administer oaths and issue subpoenas for the attendance of
witnesses and the production of relevant books and records and may require
an examination of such person. Upon any such hearing, the Secretary of
State shall either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon petition
therefore and subject to the provisions of this Code, issue a restricted
driving permit or reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply with requirements
of the Constitution, so that no person is deprived of due process of law
nor denied equal protection of the laws. All hearings shall be held before
the Secretary of State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy thereof at his own
expense.
The Secretary of State shall enter an order upon any hearing conducted
under this Section, related to a suspension, revocation, or the denial of
the issuance of a license, permit, registration, or certificate of title
occurring after July 1, 2002, within 90 days of its conclusion and shall
immediately notify the person in writing of his or her action.
(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports. Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate. The decision whether to rescind shall be based upon the totality of the evidence.
(e) The action of the
Secretary of State in suspending, revoking or denying any license, permit,
registration, or certificate of title shall be subject to judicial review
in the
Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,
or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto, are hereby
adopted and shall apply to and govern every action for the judicial review of
final acts or decisions of the Secretary of State hereunder.
(Source: P.A. 99-697, eff. 7-29-16.)
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625 ILCS 5/2-118.1 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1. (a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1. (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate. The scope of the hearing shall be limited to the issues of: 1. Whether the person was placed under arrest for an | | offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and
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| 2. Whether the officer had reasonable grounds to
| | believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and
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| 3. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration; or
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| 4. Whether the person, after being advised by the
| | officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
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| 4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
| | whether the person was involved in a motor vehicle crash that caused Type A injury or death to another.
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| Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.
(Source: P.A. 102-982, eff. 7-1-23 .)
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