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92nd General Assembly

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Public Act 92-0418

HB2265 Enrolled                                LRB9206515ARsb

    AN ACT concerning vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  State Finance Act is amended by adding
Section 5.545 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545.  The Secretary of  State  DUI  Administration
Fund.

    Section  10.  The  Illinois  Vehicle  Code  is amended by
changing Sections 2-118, 3-402, 6-205, 6-206, 6-206.2, 6-208,
and 11-501 as follows:

    (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 and afford  him  an  opportunity
for  a  hearing  as  early  as  practical,  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.
    (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. 91-823, eff. 1-1-01.)

    (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
    Sec.   3-402.  Vehicles    subject    to    registration;
exceptions.
    A.  Exemptions and Policy.  Every motor vehicle, trailer,
semitrailer and pole trailer when  driven  or  moved  upon  a
highway shall be subject to the  registration and certificate
of title provisions of this Chapter except:
         (1)  Any such vehicle driven or moved upon a highway
    in  conformance  with  the  provisions  of  this  Chapter
    relating   to   manufacturers,   transporters,   dealers,
    lienholders   or   nonresidents   or  under  a  temporary
    registration permit issued by the Secretary of State;
         (2)  Any implement of husbandry whether  of  a  type
    otherwise  subject to registration hereunder or not which
    is only incidentally operated or moved  upon  a  highway,
    which  shall  include  a  not-for-hire  movement  for the
    purpose of delivering farm  commodities  to  a  place  of
    first processing or sale, or to a place of storage;
         (3)  Any special mobile equipment as herein defined;
         (4)  Any  vehicle  which is propelled exclusively by
    electric  power  obtained  from  overhead  trolley  wires
    though not operated upon rails;
         (5)  Any  vehicle  which  is   equipped   and   used
    exclusively  as  a  pumper, ladder truck, rescue vehicle,
    searchlight truck, or other fire  apparatus,  but  not  a
    vehicle  of  a  type  which would otherwise be subject to
    registration as a vehicle of the first division;
         (6)  Any vehicle which is owned and operated by  the
    federal  government  and  externally displays evidence of
    federal ownership.  It is the  policy  of  the  State  of
    Illinois  to promote and encourage the fullest use of its
    highways  and  to  enhance  the  flow  of  commerce  thus
    contributing to the  economic,  agricultural,  industrial
    and  social  growth  and  development  of  this State, by
    authorizing the Secretary of State to negotiate and enter
    into   reciprocal   or   proportional    agreements    or
    arrangements  with other States, or to issue declarations
    setting  forth  reciprocal   exemptions,   benefits   and
    privileges  with  respect to vehicles operated interstate
    which are properly registered in this and  other  States,
    assuring  nevertheless proper registration of vehicles in
    Illinois as may be required by this Code;
         (7)  Any converter dolly or tow dolly  which  merely
    serves  as substitute wheels for another legally licensed
    vehicle.  A title may be issued on a voluntary basis to a
    tow dolly upon receipt of the manufacturer's  certificate
    of origin or the bill of sale;
         (8)  Any  house  trailer  found  to  be an abandoned
    mobile home under the Abandoned Mobile Home Act;
         (9)  Any vehicle that is not properly registered  or
    does  not have registration plates issued to the owner or
    operator affixed thereto, or that does have  registration
    plates  issued  to  the owner or operator affixed thereto
    but the plates are not appropriate for the weight of  the
    vehicle,  provided  that  this exemption shall apply only
    while the vehicle is being transported or operated  by  a
    towing service and has a third tow plate affixed to it.
    B.  Reciprocity.  Any motor vehicle, trailer, semitrailer
or  pole  trailer  need  not  be  registered  under this Code
provided the same is operated interstate  and  in  accordance
with  the  following provisions and any rules and regulations
promulgated pursuant thereto:
         (1)  A  nonresident  owner,  except   as   otherwise
    provided  in  this Section, owning any foreign registered
    vehicle of  a  type  otherwise  subject  to  registration
    hereunder,  may  operate  or permit the operation of such
    vehicle within this State in interstate commerce  without
    registering  such vehicle in, or paying any fees to, this
    State subject to the condition that such  vehicle at  all
    times when operated in this State is operated pursuant to
    a  reciprocity  agreement,  arrangement or declaration by
    this State, and further subject  to  the  condition  that
    such  vehicle at all times when operated in this State is
    duly  registered  in,  and  displays  upon  it,  a  valid
    registration card and registration plate or plates issued
    for such vehicle in the place of residence of such  owner
    and  is  issued  and  maintains  in  such vehicle a valid
    Illinois reciprocity permit as required by the  Secretary
    of  State,  and  provided like privileges are afforded to
    residents of this State by the State of residence of such
    owner.
         Every nonresident including any foreign  corporation
    carrying  on  business  within  this State and owning and
    regularly operating in such business any  motor  vehicle,
    trailer  or  semitrailer  within this State in intrastate
    commerce, shall be required to register each such vehicle
    and pay the  same  fees  therefor  as  is  required  with
    reference  to  like  vehicles  owned by residents of this
    State.
         (2)  Any motor  vehicle,  trailer,  semitrailer  and
    pole  trailer  operated interstate need not be registered
    in this State, provided:
              (a)  same is  properly  registered  in  another
         State pursuant to law or to a reciprocity agreement,
         arrangement or declaration; or
              (b)  that  such  vehicle  is part of a fleet of
         vehicles owned or operated by the  same  person  who
         registers  such fleet of vehicles pro rata among the
         various States in which such fleet operates; or
              (c)  that such vehicle is part of  a  fleet  of
         vehicles, a portion of which are registered with the
         Secretary of State of Illinois in accordance with an
         agreement   or   arrangement  concurred  in  by  the
         Secretary of State of Illinois based on one or  more
         of the following factors: ratio of miles in Illinois
         as  against  total miles in all jurisdictions; situs
         or base of a vehicle, or  where  it  is  principally
         garaged, or from whence it is principally dispatched
         or  where  the  movements  of  such  vehicle usually
         originate; situs of the residence of  the  owner  or
         operator  thereof,  or  of  his  principal office or
         offices, or of his places of  business;  the  routes
         traversed  and  whether  regular or irregular routes
         are traversed, and the jurisdictions  traversed  and
         served;  and  such  other  factors  as may be deemed
         material by the  Secretary  and  the  motor  vehicle
         administrators  of  the other jurisdictions involved
         in such apportionment; and
              (d)  that such vehicles shall maintain  therein
         any  reciprocity permit which may be required by the
         Secretary of State pursuant to rules and regulations
         which the Secretary of State may promulgate  in  the
         administration of this Code, in the public interest.

         (3) (a)  In order to effectuate the purposes of this
         Code,   the   Secretary  of  State  of  Illinois  is
         empowered   to   negotiate   and   execute   written
         reciprocal agreements or arrangements with the  duly
         authorized  representatives  of other jurisdictions,
         including   States,   districts,   territories   and
         possessions  of  the  United  States,  and   foreign
         states,  provinces, or countries, granting to owners
         or operators of vehicles duly registered or licensed
         in such other jurisdictions and for  which  evidence
         of  compliance is supplied, benefits, privileges and
         exemption from the payment, wholly or partially,  of
         any  taxes,  fees  or  other  charges  imposed  with
         respect  to  the  ownership  or  operation  of  such
         vehicles  by  the  laws of this State except the tax
         imposed by the Motor Fuel Tax  Law,  approved  March
         25, 1929, as amended, and the tax imposed by the Use
         Tax Act, approved July 14, 1955, as amended.
              The Secretary of State may negotiate agreements
         or arrangements as are in the best interests of this
         State  and  the  residents of this State pursuant to
         the policies expressed in this Section  taking  into
         consideration  the  reciprocal  exemptions, benefits
         and privileges available and accruing  to  residents
         of this State and vehicles registered in this State.
              (b)  Such reciprocal agreements or arrangements
         shall  provide  that  vehicles  duly  registered  or
         licensed  in  this  State  when  operated  upon  the
         highways  of such other jurisdictions, shall receive
         exemptions, benefits and  privileges  of  a  similar
         kind  or to a similar degree as extended to vehicles
         from such jurisdictions in this State.
              (c)  Such agreements or arrangements  may  also
         authorize  the  apportionment  of    registration or
         licensing of fleets of vehicles operated interstate,
         based on any or all of the following factors:  ratio
         of  miles  in Illinois as against total miles in all
         jurisdictions; situs or base of a vehicle, or  where
         it  is  principally  garaged  or  from  whence it is
         principally dispatched or  where  the  movements  of
         such   vehicle   usually  originate;  situs  of  the
         residence of the owner or operator  thereof,  or  of
         his principal office or offices, or of his places of
         business;  the  routes traversed and whether regular
         or  irregular  routes   are   traversed,   and   the
         jurisdictions  traversed  and served; and such other
         factors as may be deemed material by  the  Secretary
         and  the  motor  vehicle administrators of the other
         jurisdictions involved in  such  apportionment,  and
         such   vehicles   shall   likewise  be  entitled  to
         reciprocal exemptions, benefits and privileges.
              (d)  Such agreements or arrangements shall also
         provide that vehicles being operated  in  intrastate
         commerce   in   Illinois   shall   comply  with  the
         registration  and  licensing  laws  of  this  State,
         except  that  vehicles  which   are   part   of   an
         apportioned   fleet   may   conduct   an  intrastate
         operation incidental to their interstate operations.
         Any motor vehicle properly registered and  qualified
         under  any reciprocal agreement or arrangement under
         this Code and not having  a  situs  or  base  within
         Illinois  may  complete  the  inbound  movement of a
         trailer or semitrailer to  an  Illinois  destination
         that  was  brought  into Illinois by a motor vehicle
         also properly registered and  qualified  under  this
         Code and not having a situs or base within Illinois,
         or may complete an outbound movement of a trailer or
         semitrailer  to an out-of-state destination that was
         originated in  Illinois  by  a  motor  vehicle  also
         properly  registered  and  qualified under this Code
         and not having a situs or base in Illinois, only  if
         the operator thereof did not break bulk of the cargo
         laden   in  such  inbound  or  outbound  trailer  or
         semitrailer. Adding or unloading intrastate cargo on
         such inbound  or  outbound  trailer  or  semitrailer
         shall be deemed as breaking bulk.
              (e)  Such  agreements  or arrangements may also
         provide for the determination of the proper State in
         which leased vehicles shall be registered  based  on
         the  factors set out in subsection (c) above and for
         apportionment of registration of  fleets  of  leased
         vehicles  by  the lessee or by the lessor who leases
         such  vehicles  to  persons  who   are   not   fleet
         operators.
              (f)  Such  agreements  or arrangements may also
         include   reciprocal   exemptions,    benefits    or
         privileges   accruing   under  The  Illinois  Driver
         Licensing Law or The Driver License Compact.
         (4)  The Secretary of State is further authorized to
    examine the laws and requirements of other jurisdictions,
    and,  in  the  absence  of   a   written   agreement   or
    arrangement, to issue a written declaration of the extent
    and  nature  of  the  exemptions, benefits and privileges
    accorded  to  vehicles  of  this  State  by  such   other
    jurisdictions,  and  the  extent and nature of reciprocal
    exemptions, benefits and privileges thereby  accorded  by
    this  State  to the vehicles of such other jurisdictions.
    A declaration by the Secretary of State may include  any,
    part   or   all   reciprocal   exemptions,  benefits  and
    privileges or provisions as may  be  included  within  an
    agreement or arrangement.
         (5)  All  agreements, arrangements, declarations and
    amendments  thereto,  shall  be  in  writing  and  become
    effective when signed by  the  Secretary  of  State,  and
    copies  of  all  such documents shall be available to the
    public upon request.
         (6)  The Secretary of State is further authorized to
    require  the  display  by  foreign   registered   trucks,
    truck-tractors   and   buses,   entitled   to  reciprocal
    benefits,   exemptions   or   privileges   hereunder,   a
    reciprocity permit for external display before  any  such
    reciprocal   benefits,   exemptions   or  privileges  are
    granted.  The Secretary of State shall  provide  suitable
    application  forms  for  such permit and shall promulgate
    and publish reasonable  rules  and  regulations  for  the
    administration  and enforcement of the provisions of this
    Code including a provision for revocation of such  permit
    as  to  any vehicle operated wilfully in violation of the
    terms  of  any  reciprocal  agreement,   arrangement   or
    declaration or in violation of the Illinois Motor Carrier
    of Property Law, as amended.
         (7) (a)  Upon  the  suspension, revocation or denial
         of  one  or  more  of   all   reciprocal   benefits,
         privileges  and  exemptions existing pursuant to the
         terms and provisions of this Code or by virtue of  a
         reciprocal  agreement  or arrangement or declaration
         thereunder; or, upon the suspension,  revocation  or
         denial  of a reciprocity permit; or, upon any action
         or inaction of the Secretary in  the  administration
         and  enforcement of the provisions of this Code, any
         person, resident or nonresident, so  aggrieved,  may
         serve  upon the Secretary, a petition in writing and
         under oath,  setting  forth  the  grievance  of  the
         petitioner,  the  grounds  and  basis for the relief
         sought, and all necessary facts and particulars, and
         request an administrative hearing  thereon.   Within
         20  days,  the Secretary shall set a hearing date as
         early  as  practical.  The  Secretary  may,  in  his
         discretion, supply forms for such  a  petition.  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  that  is  hereby created in the State
         treasury,  and,  subject  to  appropriation  and  as
         directed by the Secretary of State, shall be used to
         fund the operation of the hearings department 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)  The   Secretary   may   likewise,  in  his
         discretion  and  upon  his  own  petition,  order  a
         hearing, when in his best judgment,  any  person  is
         not  entitled to the reciprocal benefits, privileges
         and exemptions existing pursuant to  the  terms  and
         provisions  of  this  Code  or  under  a  reciprocal
         agreement  or  arrangement or declaration thereunder
         or that a vehicle owned or operated by  such  person
         is  improperly  registered  or  licensed, or that an
         Illinois  resident  has  improperly  registered   or
         licensed  a  vehicle in another jurisdiction for the
         purposes of violating or avoiding  the  registration
         laws of this State.
              (c)  The Secretary shall notify a petitioner or
         any  other  person  involved  of  such a hearing, by
         giving at least 10 days notice, in writing, by  U.S.
         Mail,   Registered  or  Certified,  or  by  personal
         service,  at  the  last  known   address   of   such
         petitioner  or person, specifying the time and place
         of such hearing.  Such hearing shall be held  before
         the  Secretary,  or  any person as he may designate,
         and unless the parties mutually agree to some  other
         county in Illinois, the hearing shall be held in the
         County   of   Sangamon   or   the  County  of  Cook.
         Appropriate records of the hearing  shall  be  kept,
         and the Secretary shall issue or cause to be issued,
         his  decision  on the case, within 30 days after the
         close of  such  hearing  or  within  30  days  after
         receipt  of the transcript thereof, and a copy shall
         likewise be served or mailed to  the  petitioner  or
         person involved.
              (d)  The     actions     or     inactions    or
         determinations, or findings and  decisions  upon  an
         administrative  hearing,  of the Secretary, shall be
         subject to judicial review in the Circuit  Court  of
         the  County  of  Sangamon or the County of Cook, and
         the provisions of the Administrative Review Law, and
         all amendments and modifications thereof  and  rules
         adopted  pursuant  thereto,  apply to and govern all
         such reviewable matters.
              Any  reciprocal  agreements   or   arrangements
         entered  into  by  the  Secretary    of State or any
         declarations  issued  by  the  Secretary  of   State
         pursuant to any law in effect prior to the effective
         date of this Code are not hereby abrogated, and such
         shall  continue  in  force  and effect until amended
         pursuant to the provisions of this  Code  or  expire
         pursuant to the terms or provisions thereof.
(Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.)

    (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
    Sec.  6-205.  Mandatory  revocation of license or permit;
Hardship cases.
    (a)  Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit  of  any
driver  upon receiving a report of the driver's conviction of
any of the following offenses:
         1.  Reckless homicide resulting from  the  operation
    of a motor vehicle;
         2.  Violation  of  Section  11-501 of this Code or a
    similar provision of a local ordinance  relating  to  the
    offense  of  operating  or being in physical control of a
    vehicle while under the influence of alcohol, other  drug
    or  drugs,  intoxicating  compound  or  compounds, or any
    combination thereof;
         3.  Any felony under the laws of any  State  or  the
    federal  government  in  the  commission of which a motor
    vehicle was used;
         4.  Violation  of  Section  11-401  of   this   Code
    relating to the offense of leaving the scene of a traffic
    accident involving death or personal injury;
         5.  Perjury  or  the  making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership  or
    operation of motor vehicles;
         6.  Conviction   upon  3  charges  of  violation  of
    Section 11-503 of this Code relating to  the  offense  of
    reckless driving committed within a period of 12 months;
         7.  Conviction of the offense of automobile theft as
    defined in Section 4-102 of this Code;
         8.  Violation   of   Section  11-504  of  this  Code
    relating to the offense of drag racing;
         9.  Violation of Chapters 8 and 9 of this Code;
         10.  Violation of Section 12-5 of the Criminal  Code
    of 1961 arising from the use of a motor vehicle;
         11.  Violation  of  Section  11-204.1  of  this Code
    relating to aggravated fleeing or attempting to  elude  a
    police officer;
         12.  Violation of paragraph (1) of subsection (b) of
    Section  6-507,  or  a  similar  law  of any other state,
    relating to the unlawful operation of a commercial  motor
    vehicle;
         13.  Violation of paragraph (a) of Section 11-502 of
    this  Code or a similar provision of a local ordinance if
    the driver has been previously convicted of  a  violation
    of  that  Section  or  a  similar  provision  of  a local
    ordinance and the driver was less than 21 years of age at
    the time of the offense.
    (b)  The Secretary of State shall also immediately revoke
the  license  or  permit  of  any  driver  in  the  following
situations:
         1.  Of any minor upon receiving the notice  provided
    for  in  Section  5-901 of the Juvenile Court Act of 1987
    that the minor has been adjudicated  under  that  Act  as
    having  committed  an  offense relating to motor vehicles
    prescribed in Section 4-103 of this Code;
         2.  Of any person when any other law of  this  State
    requires either the revocation or suspension of a license
    or permit.
    (c)  Whenever  a  person  is  convicted  of  any  of  the
offenses  enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without  regard
to  whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving  permit
granting the privilege of driving a motor vehicle between the
petitioner's  residence  and petitioner's place of employment
or within the scope of the  petitioner's  employment  related
duties,  or  to  allow transportation for the petitioner or a
household member of the petitioner's family for  the  receipt
of  necessary medical care or, if the professional evaluation
indicates, provide  transportation  for  the  petitioner  for
alcohol  remedial  or  rehabilitative  activity,  or  for the
petitioner to attend classes, as a student, in an  accredited
educational   institution;  if  the  petitioner  is  able  to
demonstrate that no alternative means  of  transportation  is
reasonably available and the petitioner will not endanger the
public  safety  or  welfare;  provided  that  the Secretary's
discretion shall be limited to  cases  where  undue  hardship
would  result  from a failure to issue the restricted driving
permit.
    If a person's license  or  permit  has  been  revoked  or
suspended  due  to 2 or more convictions of violating Section
11-501 of this  Code  or  a  similar  provision  of  a  local
ordinance  or  a similar out-of-state offense, arising out of
separate occurrences, that person,  if  issued  a  restricted
driving  permit, may not operate a vehicle unless it has been
equipped with an ignition  interlock  device  as  defined  in
Section 1-129.1.
    If  a  person's  license  or  permit  has been revoked or
suspended 2 or more times within a 10 year period  due  to  a
single conviction of violating Section 11-501 of this Code or
a  similar  provision  of  a  local  ordinance  or  a similar
out-of-state offense,  and  a  statutory  summary  suspension
under  Section  11-501.1,  or  2  or  more  statutory summary
suspensions, or combination of 2 offenses, or of  an  offense
and  a  statutory summary suspension, arising out of separate
occurrences, that person,  if  issued  a  restricted  driving
permit, may not operate a vehicle unless it has been equipped
with  an  ignition  interlock  device  as  defined in Section
1-129.1. The person must pay to the Secretary  of  State  DUI
Administration  Fund  an  amount not to exceed $20 per month.
The Secretary shall establish by  rule  the  amount  and  the
procedures,  terms, and conditions relating to these fees. If
the Restricted  Driving  Permit  was  issued  for  employment
purposes, then this provision does not apply to the operation
of  an  occupational vehicle owned or leased by that person's
employer. In each case the Secretary of  State  may  issue  a
restricted  driving permit for a period he deems appropriate,
except that the permit shall expire within one year from  the
date  of  issuance.  The  Secretary may not, however, issue a
restricted  driving  permit  to  any  person  whose   current
revocation is the result of a second or subsequent conviction
for  a  violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating  to  the  offense  of
operating  or  being  in  physical control of a motor vehicle
while under the influence of alcohol, other  drug  or  drugs,
intoxicating   compound   or   compounds,   or   any  similar
out-of-state offense, or any combination thereof,  until  the
expiration  of  at  least  one  year  from  the  date  of the
revocation.  A restricted driving permit  issued  under  this
Section  shall  be  subject  to cancellation, revocation, and
suspension by the Secretary of State in like manner  and  for
like  cause  as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon  one  or  more  offenses  against  laws  or   ordinances
regulating the movement of traffic shall be deemed sufficient
cause  for  the  revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may,  as  a
condition  to  the  issuance  of a restricted driving permit,
require the applicant to participate in a  designated  driver
remedial or rehabilitative program. The Secretary of State is
authorized  to  cancel  a  restricted  driving  permit if the
permit holder does not  successfully  complete  the  program.
However,  if  an  individual's  driving  privileges have been
revoked in accordance with paragraph 13 of subsection (a)  of
this  Section,  no  restricted driving permit shall be issued
until the individual has served 6 months  of  the  revocation
period.
    (d)  Whenever  a  person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary  of  State  shall  revoke  the
driving  privileges  of that person.  One year after the date
of revocation, and upon application, the Secretary  of  State
may,  if satisfied that the person applying will not endanger
the public safety or  welfare,  issue  a  restricted  driving
permit granting the privilege of driving a motor vehicle only
between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
provided by this Section for a period of  one  year.    After
this one year period, and upon reapplication for a license as
provided  in  Section  6-106, upon payment of the appropriate
reinstatement fee provided under  paragraph  (b)  of  Section
6-118,  the  Secretary of State, in his discretion, may issue
the applicant a license, or  extend  the  restricted  driving
permit  as  many  times  as  the  Secretary  of  State  deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
    If  a  person's  license  or  permit  has been revoked or
suspended due to 2 or more convictions of  violating  Section
11-501  of  this  Code  or  a  similar  provision  of a local
ordinance or a similar out-of-state offense, arising  out  of
separate  occurrences,  that  person,  if issued a restricted
driving permit, may not operate a vehicle unless it has  been
equipped  with  an  ignition  interlock  device as defined in
Section 1-129.1.
    If a person's license  or  permit  has  been  revoked  or
suspended  2  or  more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar  provision  of  a  local  ordinance  or  a  similar
out-of-state  offense,  and  a  statutory  summary suspension
under Section  11-501.1,  or  2  or  more  statutory  summary
suspensions,  or  combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out  of  separate
occurrences,  that  person,  if  issued  a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition  interlock  device  as  defined  in  Section
1-129.1.  The  person  must pay to the Secretary of State DUI
Administration Fund an amount not to exceed  $20  per  month.
The  Secretary  shall  establish  by  rule the amount and the
procedures, terms, and conditions relating to these fees.  If
the  Restricted  Driving  Permit  was  issued  for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by  that  person's
employer.  A  restricted  driving  permit  issued  under this
Section shall be subject  to  cancellation,  revocation,  and
suspension  by  the Secretary of State in like manner and for
like cause as a driver's license issued under this  Code  may
be cancelled, revoked, or suspended; except that a conviction
upon   one  or  more  offenses  against  laws  or  ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or  cancellation  of  a
restricted  driving permit.  Any person under 21 years of age
who has a driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the  age
of  21,  shall not be eligible to submit an application for a
full reinstatement of  driving  privileges  or  a  restricted
driving  permit  until age 21 or one additional year from the
date of the latest such revocation, whichever is the  longer.
The  revocation  periods contained in this subparagraph shall
apply to similar out-of-state convictions.
    (e)  This Section is subject to  the  provisions  of  the
Driver License Compact.
    (f)  Any   revocation   imposed  upon  any  person  under
subsections 2 and 3 of paragraph (b) that  is  in  effect  on
December  31,  1988  shall be converted to a suspension for a
like period of time.
    (g)  The Secretary of State shall not issue a  restricted
driving  permit  to  a person under the age of 16 years whose
driving privileges have been revoked under any provisions  of
this Code.
    (h)  The  Secretary  of  State may use ignition interlock
device  requirements  when   granting   driving   relief   to
individuals who have been arrested for a second or subsequent
offense  under  Section  11-501  of  this  Code  or a similar
provision  of  a  local  ordinance.   The   Secretary   shall
establish  by  rule  and regulation the procedures for use of
the interlock system.
(Source: P.A.  90-369,  eff.  1-1-98;  90-590,  eff.  1-1-99;
90-611,  eff.  1-1-99;  90-779,  eff.  1-1-99;  91-357,  eff.
7-29-99.)

    (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
    Sec. 6-206.  Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a)  The Secretary of State is authorized to  suspend  or
revoke   the   driving   privileges  of  any  person  without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
         1.  Has committed an  offense  for  which  mandatory
    revocation  of  a  driver's license or permit is required
    upon conviction;
         2.  Has been convicted of not less than  3  offenses
    against  traffic  regulations  governing  the movement of
    vehicles  committed  within  any  12  month  period.   No
    revocation or suspension shall be  entered  more  than  6
    months after the date of last conviction;
         3.  Has  been  repeatedly  involved  as  a driver in
    motor vehicle collisions or has been repeatedly convicted
    of offenses against laws and  ordinances  regulating  the
    movement  of  traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care  in  the
    safe  operation  of a motor vehicle or disrespect for the
    traffic laws and the safety of  other  persons  upon  the
    highway;
         4.  Has by the unlawful operation of a motor vehicle
    caused  or  contributed to an accident resulting in death
    or injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that  any  suspension  or  revocation  imposed   by   the
    Secretary   of   State   under  the  provisions  of  this
    subsection shall start no later than 6 months after being
    convicted of violating a law or ordinance regulating  the
    movement  of  traffic,  which violation is related to the
    accident, or shall start not more than one year after the
    date of the accident, whichever date occurs later;
         5.  Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
         6.  Has been lawfully convicted  of  an  offense  or
    offenses  in  another  state, including the authorization
    contained in Section 6-203.1, which if  committed  within
    this State would be grounds for suspension or revocation;
         7.  Has   refused   or   failed   to  submit  to  an
    examination provided for by Section 6-207 or  has  failed
    to pass the examination;
         8.  Is  ineligible  for a driver's license or permit
    under the provisions of Section 6-103;
         9.  Has  made  a  false   statement   or   knowingly
    concealed  a  material fact or has used false information
    or identification  in  any  application  for  a  license,
    identification card, or permit;
         10.  Has   possessed,  displayed,  or  attempted  to
    fraudulently use any  license,  identification  card,  or
    permit not issued to the person;
         11.  Has  operated a motor vehicle upon a highway of
    this  State  when  the  person's  driving  privilege   or
    privilege  to  obtain  a  driver's  license or permit was
    revoked or suspended unless the operation was  authorized
    by  a  judicial  driving  permit, probationary license to
    drive, or a restricted driving permit issued  under  this
    Code;
         12.  Has submitted to any portion of the application
    process  for  another person or has obtained the services
    of another  person  to  submit  to  any  portion  of  the
    application  process  for  the  purpose  of  obtaining  a
    license,  identification  card,  or permit for some other
    person;
         13.  Has operated a motor vehicle upon a highway  of
    this  State  when the person's driver's license or permit
    was invalid under the provisions of Sections 6-107.1  and
    6-110;
         14.  Has  committed  a  violation  of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
    14B of the Illinois Identification Card Act;
         15.  Has been convicted of violating Section 21-2 of
    the  Criminal  Code of 1961 relating to criminal trespass
    to vehicles in which case, the suspension  shall  be  for
    one year;
         16.  Has  been convicted of violating Section 11-204
    of this Code relating to fleeing from a police officer;
         17.  Has refused to submit to a test, or  tests,  as
    required  under  Section  11-501.1  of  this Code and the
    person has not  sought  a  hearing  as  provided  for  in
    Section 11-501.1;
         18.  Has,  since  issuance  of a driver's license or
    permit, been adjudged to be afflicted with  or  suffering
    from any mental disability or disease;
         19.  Has  committed  a violation of paragraph (a) or
    (b) of  Section  6-101  relating  to  driving  without  a
    driver's license;
         20.  Has  been  convicted of violating Section 6-104
    relating to classification of driver's license;
         21.  Has been convicted of violating Section  11-402
    of this Code relating to leaving the scene of an accident
    resulting  in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
         22.  Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of  Section  24-1
    of  the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall  be  for  one
    year;
         23.  Has,  as a driver, been convicted of committing
    a violation of paragraph (a) of Section  11-502  of  this
    Code for a second or subsequent time within one year of a
    similar violation;
         24.  Has   been  convicted  by  a  court-martial  or
    punished   by   non-judicial   punishment   by   military
    authorities  of  the  United   States   at   a   military
    installation  in  Illinois  of  or  for a traffic related
    offense that is the same as  or  similar  to  an  offense
    specified under Section 6-205 or 6-206 of this Code;
         25.  Has  permitted any form of identification to be
    used by another in the application process  in  order  to
    obtain  or  attempt  to  obtain a license, identification
    card, or permit;
         26.  Has altered or attempted to alter a license  or
    has possessed an altered license, identification card, or
    permit;
         27.  Has violated Section 6-16 of the Liquor Control
    Act of 1934;
         28.  Has  been  convicted of the illegal possession,
    while operating or  in  actual  physical  control,  as  a
    driver,  of  a motor vehicle, of any controlled substance
    prohibited under the Illinois Controlled  Substances  Act
    or  any  cannabis  prohibited under the provisions of the
    Cannabis Control Act, in which case the person's  driving
    privileges  shall  be  suspended  for  one  year, and any
    driver  who  is  convicted  of  a  second  or  subsequent
    offense, within 5 years of a previous conviction, for the
    illegal possession, while operating or in actual physical
    control,  as  a  driver,  of  a  motor  vehicle,  of  any
    controlled substance prohibited under the  provisions  of
    the  Illinois  Controlled  Substances Act or any cannabis
    prohibited  under  the  Cannabis  Control  Act  shall  be
    suspended for 5 years. Any defendant found guilty of this
    offense while operating a motor vehicle,  shall  have  an
    entry  made  in  the  court record by the presiding judge
    that this offense  did  occur  while  the  defendant  was
    operating  a  motor  vehicle  and  order the clerk of the
    court to report the violation to the Secretary of State;
         29.  Has been convicted of  the  following  offenses
    that  were committed while the person was operating or in
    actual physical control, as a driver, of a motor vehicle:
    criminal  sexual  assault,  predatory   criminal   sexual
    assault  of  a child, aggravated criminal sexual assault,
    criminal sexual abuse, aggravated criminal sexual  abuse,
    juvenile  pimping,  soliciting  for a juvenile prostitute
    and the  manufacture,  sale  or  delivery  of  controlled
    substances  or  instruments  used for illegal drug use or
    abuse in which case the driver's driving privileges shall
    be suspended for one year;
         30.  Has been convicted a second or subsequent  time
    for any combination of the offenses named in paragraph 29
    of  this  subsection,  in which case the person's driving
    privileges shall be suspended for 5 years;
         31.  Has refused to submit to a test as required  by
    Section  11-501.6 or has submitted to a test resulting in
    an alcohol concentration of 0.08 or more or any amount of
    a  drug,  substance,  or  compound  resulting  from   the
    unlawful  use or consumption of cannabis as listed in the
    Cannabis Control Act or a controlled substance as  listed
    in  the  Illinois Controlled Substances Act in which case
    the penalty shall be as prescribed in Section 6-208.1;
         32.  Has been convicted of  Section  24-1.2  of  the
    Criminal   Code   of  1961  relating  to  the  aggravated
    discharge of a firearm if the offender was located  in  a
    motor  vehicle at the time the firearm was discharged, in
    which case the suspension shall be for 3 years;
         33.  Has as  a driver, who was less than 21 years of
    age on the date of the offense, been  convicted  a  first
    time of a violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance;
         34.  Has  committed a violation of Section 11-1301.5
    of this Code;
         35.  Has committed a violation of Section  11-1301.6
    of this Code; or
         36.  Is  under  the  age  of 21 years at the time of
    arrest and has  been    convicted  of  not  less  than  2
    offenses  against  traffic  regulations    governing  the
    movement  of  vehicles  committed  within  any  24  month
    period.   No  revocation  or  suspension shall be entered
    more than 6  months after the date of last conviction.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
and  27  of  this  subsection,  license  means  any  driver's
license, any traffic ticket issued when the person's driver's
license  is  deposited  in  lieu of bail, a suspension notice
issued by the Secretary of State, a  duplicate  or  corrected
driver's  license,  a  probationary  driver's  license  or  a
temporary driver's license.
    (b)  If  any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed,  the
Secretary  of  State may rescind or withhold the entry of the
order of suspension  or  revocation,  as  the  case  may  be,
provided  that a certified copy of a stay order of a court is
filed with the Secretary of  State.   If  the  conviction  is
affirmed  on  appeal, the date of the conviction shall relate
back to the time the  original  judgment  of  conviction  was
entered  and  the  6  month  limitation  prescribed shall not
apply.
    (c) 1.  Upon suspending or revoking the driver's  license
    or  permit  of  any person as authorized in this Section,
    the Secretary  of  State  shall  immediately  notify  the
    person  in  writing  of the revocation or suspension. The
    notice to be deposited in the United States mail, postage
    prepaid, to the last known address of the person.
         2.  If the Secretary of State suspends the  driver's
    license  of  a person under subsection 2 of paragraph (a)
    of this  Section,  a  person's  privilege  to  operate  a
    vehicle as an occupation shall not be suspended, provided
    an  affidavit  is properly completed, the appropriate fee
    received, and a permit issued prior to the effective date
    of the suspension, unless 5 offenses were  committed,  at
    least  2  of  which occurred while operating a commercial
    vehicle  in  connection   with   the   driver's   regular
    occupation.   All   other  driving  privileges  shall  be
    suspended by the Secretary of State. Any driver prior  to
    operating  a  vehicle for occupational purposes only must
    submit the affidavit on  forms  to  be  provided  by  the
    Secretary  of  State  setting  forth  the  facts  of  the
    person's  occupation.  The affidavit shall also state the
    number of offenses committed while operating a vehicle in
    connection with  the  driver's  regular  occupation.  The
    affidavit  shall  be accompanied by the driver's license.
    Upon receipt  of  a  properly  completed  affidavit,  the
    Secretary  of  State  shall  issue the driver a permit to
    operate a vehicle in connection with the driver's regular
    occupation only. Unless  the  permit  is  issued  by  the
    Secretary  of  State prior to the date of suspension, the
    privilege to drive any motor vehicle shall  be  suspended
    as  set  forth  in  the notice that was mailed under this
    Section. If an affidavit is received  subsequent  to  the
    effective date of this suspension, a permit may be issued
    for the remainder of the suspension period.
         The  provisions of this subparagraph shall not apply
    to any driver required to obtain  a  commercial  driver's
    license  under  Section  6-507  during  the  period  of a
    disqualification of commercial driving  privileges  under
    Section 6-514.
         Any  person  who  falsely  states  any  fact  in the
    affidavit required herein  shall  be  guilty  of  perjury
    under  Section  6-302  and  upon conviction thereof shall
    have  all  driving  privileges  revoked  without  further
    rights.
         3.  At the conclusion of  a  hearing  under  Section
    2-118  of  this Code, the Secretary of State shall either
    rescind or continue  an  order  of  revocation  or  shall
    substitute   an  order  of  suspension;  or,  good  cause
    appearing therefor, rescind, continue, change, or  extend
    the  order of suspension.  If the Secretary of State does
    not  rescind  the   order,   the   Secretary   may   upon
    application,   to   relieve   undue   hardship,  issue  a
    restricted  driving  permit  granting  the  privilege  of
    driving  a  motor  vehicle   between   the   petitioner's
    residence  and petitioner's place of employment or within
    the scope of his employment related duties, or  to  allow
    transportation  for the petitioner, or a household member
    of the petitioner's family, to receive necessary  medical
    care   and  if  the  professional  evaluation  indicates,
    provide   transportation   for   alcohol   remedial    or
    rehabilitative  activity, or for the petitioner to attend
    classes, as  a  student,  in  an  accredited  educational
    institution;  if  the  petitioner  is able to demonstrate
    that no alternative means of transportation is reasonably
    available and the petitioner will not endanger the public
    safety or welfare.
         If a person's license or permit has been revoked  or
    suspended  due  to  2  or  more  convictions of violating
    Section 11-501 of this Code or a similar provision  of  a
    local   ordinance  or  a  similar  out-of-state  offense,
    arising out of  separate  occurrences,  that  person,  if
    issued  a  restricted  driving  permit, may not operate a
    vehicle unless it has  been  equipped  with  an  ignition
    interlock device as defined in Section 1-129.1.
         If  a person's license or permit has been revoked or
    suspended 2 or more times within a 10 year period due  to
    a  single  conviction of violating Section 11-501 of this
    Code or a similar provision of a  local  ordinance  or  a
    similar  out-of-state  offense,  and  a statutory summary
    suspension under Section 11-501.1, or 2 or more statutory
    summary suspensions, or combination of 2 offenses, or  of
    an  offense  and  a statutory summary suspension, arising
    out of separate occurrences, that  person,  if  issued  a
    restricted  driving  permit,  may  not  operate a vehicle
    unless it has been equipped with  an  ignition  interlock
    device as defined in Section 1-129.1. The person must pay
    to  the  Secretary  of  State  DUI Administration Fund an
    amount not to exceed $20 per month.  The Secretary  shall
    establish  by  rule the amount and the procedures, terms,
    and conditions relating to these fees. If the  Restricted
    Driving  Permit  was issued for employment purposes, then
    this provision does not apply  to  the  operation  of  an
    occupational  vehicle  owned  or  leased by that person's
    employer.  In  each  case  the  Secretary  may  issue   a
    restricted   driving   permit   for   a   period   deemed
    appropriate,  except that all permits shall expire within
    one year from the date of  issuance.  The  Secretary  may
    not,  however,  issue  a restricted driving permit to any
    person whose current revocation is the result of a second
    or subsequent  conviction  for  a  violation  of  Section
    11-501  of  this  Code  or a similar provision of a local
    ordinance relating to the offense of operating  or  being
    in  physical  control  of a motor vehicle while under the
    influence of alcohol, other drug or  drugs,  intoxicating
    compound   or  compounds,  or  any  similar  out-of-state
    offense, or any combination of those offenses, until  the
    expiration  of  at  least  one  year from the date of the
    revocation. A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like  manner  and
    for  like  cause  as a driver's license issued under this
    Code may be cancelled, revoked, or suspended; except that
    a conviction upon one or more offenses  against  laws  or
    ordinances  regulating  the  movement of traffic shall be
    deemed sufficient cause for the  revocation,  suspension,
    or  cancellation  of  a  restricted  driving  permit. The
    Secretary of State may, as a condition to the issuance of
    a restricted driving permit,  require  the  applicant  to
    participate   in   a   designated   driver   remedial  or
    rehabilitative  program.  The  Secretary  of   State   is
    authorized  to  cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
    (c-5)  The Secretary of State may, as a condition of  the
reissuance  of  a  driver's license or permit to an applicant
under the age of 18 years whose driver's  license  or  permit
has  been suspended pursuant to any of the provisions of this
Section, require the applicant to  participate  in  a  driver
remedial education course and be retested under Section 6-109
of this Code.
    (d)  This  Section  is  subject  to the provisions of the
Drivers License Compact.
    (e)  The Secretary of State shall not issue a  restricted
driving  permit  to  a person under the age of 16 years whose
driving privileges have been suspended or  revoked under  any
provisions of this Code.
(Source: P.A.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (625 ILCS 5/6-206.2)
    Sec.  6-206.2.  Violations  relating   to   an   ignition
interlock device.
    (a)  It   is   unlawful  for  any  person  whose  driving
privilege is restricted by being prohibited from operating  a
motor  vehicle not equipped with an ignition interlock device
to request or solicit  any  other  person  to  blow  into  an
ignition  interlock  device  or  to  start  a  motor  vehicle
equipped  with  the  device  for the purpose of providing the
person so restricted with an operable motor vehicle.
    (b)  It is unlawful to blow into  an  ignition  interlock
device  or  to start a motor vehicle equipped with the device
for the purpose of providing an operable motor vehicle  to  a
person   whose  driving  privilege  is  restricted  by  being
prohibited from operating a motor vehicle not  equipped  with
an ignition interlock device.
    (c)  It  is  unlawful  to  tamper with, or circumvent the
operation of, an ignition interlock device.
    (d)  Except as provided in subsection (c)(17) of  Section
5-6-3.1  of  the  Unified  Code of Corrections or by rule, no
person shall knowingly rent, lease, or lend a  motor  vehicle
to  a  person  known  to  have  his  or her driving privilege
restricted by being prohibited from operating a  vehicle  not
equipped  with  an  ignition  interlock  device,  unless  the
vehicle  is  equipped  with  a functioning ignition interlock
device.  Any person whose driving privilege is so  restricted
shall  notify  any person intending to rent, lease, or loan a
motor  vehicle  to  the  restricted  person  of  the  driving
restriction imposed upon him or her.
    A person convicted of  a  violation  of  this  subsection
shall  be punished by imprisonment for not more than 6 months
or by a fine of not more than $5,000, or both.
    (e)  If  a  person  prohibited  under  paragraph  (2)  or
paragraph (3) of subsection  (c-4)  of  Section  11-501  from
driving  any  vehicle not equipped with an ignition interlock
device nevertheless is convicted of driving a vehicle that is
not equipped with the device, that person is prohibited  from
driving  any  vehicle not equipped with an ignition interlock
device for an additional period of time equal to the  initial
time  period  that the person was required to use an ignition
interlock device.
(Source: P.A. 91-127, eff. 1-1-00.)

    (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
    Sec. 6-208.  Period of  Suspension  -  Application  After
Revocation.
    (a)  Except  as  otherwise  provided  by this Code or any
other law of this State, the Secretary  of  State  shall  not
suspend  a  driver's  license, permit or privilege to drive a
motor vehicle on the highways for a period of more  than  one
year.
    (b)  Any  person  whose  license,  permit or privilege to
drive a motor vehicle on the highways has been revoked  shall
not  be  entitled  to  have such license, permit or privilege
renewed or restored.  However, such  person  may,  except  as
provided   under   subsection  (d)  of  Section  6-205,  make
application for a license pursuant to Section  6-106  (i)  if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
         1.  Except as provided in subparagraphs 2, 3, and 4,
    the  person  may make application for a license after the
    expiration of one year from the  effective  date  of  the
    revocation  or,  in  the case of a violation of paragraph
    (b) of Section 11-401 of this Code or a similar provision
    of a local ordinance, after the  expiration  of  3  years
    from the effective date of the revocation or, in the case
    of  a  violation  of  Section 9-3 of the Criminal Code of
    1961 relating to the offense of reckless homicide,  after
    the  expiration of 2 years from the effective date of the
    revocation.
         2.  If such person  is  convicted  of  committing  a
    second violation within a 20 year period of:
              (A)  Section  11-501 of this Code, or a similar
         provision of a local ordinance; or
              (B)  Paragraph (b) of Section  11-401  of  this
         Code,  or  a similar provision of a local ordinance;
         or
              (C)  Section 9-3 of the Criminal Code of  1961,
         as  amended,  relating  to  the  offense of reckless
         homicide; or
              (D)  any  combination  of  the  above  offenses
         committed at different instances;
    then such person may not make application for  a  license
    until  after the expiration of 5 years from the effective
    date of the most recent revocation.  The 20  year  period
    shall  be  computed  by using the dates the offenses were
    committed and shall  also  include  similar  out-of-state
    offenses.
         3.  However,  except  as provided in subparagraph 4,
    if such person is convicted of  committing  a  third,  or
    subsequent,  violation  or  any  combination of the above
    offenses,  including   similar   out-of-state   offenses,
    contained  in  subparagraph  2,  then such person may not
    make application for a license until after the expiration
    of 10 years from the effective date of  the  most  recent
    revocation.
         4.  The  person  may  not  make  application  for  a
    license if the person is convicted of committing a fourth
    or subsequent violation of Section 11-501 of this Code or
    a  similar  provision of a local ordinance, paragraph (b)
    of Section 11-401  of  this  Code,  Section  9-3  of  the
    Criminal Code of 1961, or a combination of these offenses
    or  similar  provisions  of  local  ordinances or similar
    out-of-state  offenses  if  the  original  revocation  or
    suspension was for  a  violation  of  Section  11-501  or
    11-501.1  of  this Code or a similar provision of a local
    ordinance.
    Notwithstanding any other provision  of  this  Code,  all
persons  referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives  payment  of
the  required reinstatement fee pursuant to subsection (b) of
Section 6-118.
    In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation  of  such  person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
    (c)  If  a  person  prohibited  under  paragraph  (2)  or
paragraph  (3)  of  subsection  (c-4)  of Section 11-501 from
driving any vehicle not equipped with an  ignition  interlock
device nevertheless is convicted of driving a vehicle that is
not  equipped with the device, that person is prohibited from
driving any vehicle not equipped with an  ignition  interlock
device  for an additional period of time equal to the initial
time period that the person was required to use  an  ignition
interlock device.
(Source:  P.A.  90-543,  eff.  12-1-97;  90-738, eff. 1-1-99;
91-357, eff. 7-29-99.)

    (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
    Sec.  11-501.   Driving  while  under  the  influence  of
alcohol,  other  drug  or  drugs,  intoxicating  compound  or
compounds or any combination thereof.
    (a)  A person shall not drive or be  in  actual  physical
control of any vehicle within this State while:
         (1)  the alcohol concentration in the person's blood
    or  breath  is  0.08  or  more based on the definition of
    blood and breath units in Section 11-501.2;
         (2)  under the influence of alcohol;
         (3)  under  the  influence   of   any   intoxicating
    compound  or  combination  of intoxicating compounds to a
    degree that  renders  the  person  incapable  of  driving
    safely;
         (4)  under  the  influence  of  any  other  drug  or
    combination  of drugs to a degree that renders the person
    incapable of safely driving;
         (5)  under the combined influence of alcohol,  other
    drug or drugs, or intoxicating compound or compounds to a
    degree  that  renders  the  person  incapable  of  safely
    driving; or
         (6)  there  is  any  amount of a drug, substance, or
    compound  in  the  person's  breath,  blood,   or   urine
    resulting   from  the  unlawful  use  or  consumption  of
    cannabis listed in the Cannabis Control Act, a controlled
    substance listed in the  Illinois  Controlled  Substances
    Act,  or  an  intoxicating  compound listed in the Use of
    Intoxicating Compounds Act.
    (b)  The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or  any
combination  thereof,  shall not constitute a defense against
any charge of violating this Section.
    (c)  Except as provided under  paragraphs  (c-3),  (c-4),
and  (d) of this Section, every person convicted of violating
this Section or a similar provision  of  a  local  ordinance,
shall  be guilty of a Class A misdemeanor and, in addition to
any other criminal or administrative action, for  any  second
conviction  of  violating this Section or a similar provision
of a law of another state or local ordinance committed within
5 years of a previous violation of this Section or a  similar
provision of a local ordinance shall be mandatorily sentenced
to  a  minimum  of  48  consecutive  hours of imprisonment or
assigned to a minimum of 100 hours of  community  service  as
may  be  determined  by the court.  Every person convicted of
violating this Section or a  similar  provision  of  a  local
ordinance  shall  be  subject  to a mandatory minimum fine of
$500 and a mandatory 5 days of community service in a program
benefiting children if the person committed  a  violation  of
paragraph  (a)  or  a  similar provision of a local ordinance
while transporting a  person  under  age  16.   Every  person
convicted  a  second  time  for  violating  this Section or a
similar provision of a local ordinance within 5  years  of  a
previous  violation of this Section or a similar provision of
a law of another state or local ordinance shall be subject to
a mandatory minimum fine of $500 and  10  days  of  mandatory
community  service  in  a  program benefiting children if the
current offense was committed  while  transporting  a  person
under  age  16.   The  imprisonment  or assignment under this
subsection shall not be subject to suspension nor  shall  the
person  be  eligible  for  probation  in  order to reduce the
sentence or assignment.
    (c-1) (1)  A person who violates this  Section  during  a
    period in which his or her driving privileges are revoked
    or  suspended, where the revocation or suspension was for
    a violation of this Section, Section 11-501.1,  paragraph
    (b)  of  Section  11-401,  or Section 9-3 of the Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    during a period in which his or  her  driving  privileges
    are   revoked   or  suspended  where  the  revocation  or
    suspension was for a violation of this  Section,  Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of  the  Criminal  Code  of  1961  is guilty of a Class 3
    felony.
         (3)  A person who violates this Section a fourth  or
    subsequent  time  during  a  period  in  which his or her
    driving privileges are revoked  or  suspended  where  the
    revocation  or  suspension  was  for  a violation of this
    Section,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401, or Section 9-3 of the Criminal Code  of  1961  is
    guilty of a Class 2 felony.
    (c-2)  (Blank).
    (c-3)  Every  person  convicted of violating this Section
    or a similar provision of a local  ordinance  who  had  a
    child  under  age  16  in  the vehicle at the time of the
    offense shall have his or her punishment under  this  Act
    enhanced  by  2 days of imprisonment for a first offense,
    10 days of imprisonment for a second offense, 30 days  of
    imprisonment   for  a  third  offense,  and  90  days  of
    imprisonment for  a  fourth  or  subsequent  offense,  in
    addition to the fine and community service required under
    subsection  (c)  and  the  possible imprisonment required
    under subsection (d).   The  imprisonment  or  assignment
    under  this subsection shall not be subject to suspension
    nor shall the person be eligible for probation  in  order
    to reduce the sentence or assignment.
    (c-4)  When  a  person  is convicted of violating Section
11-501 of this  Code  or  a  similar  provision  of  a  local
ordinance,  the  following  penalties  apply  when his or her
blood, breath,  or  urine  was  .16  or  more  based  on  the
definition  of  blood,  breath,  or  urine  units  in Section
11-501.2 or when that person is convicted of  violating  this
Section while transporting a child under the age of 16:
         (1)  A   person   who   is  convicted  of  violating
    subsection (a) of Section 11-501 of  this  Code  a  first
    time,  in  addition  to  any  other  penalty  that may be
    imposed under subsection (c), is subject to  a  mandatory
    minimum  of  100 hours of community service and a minimum
    fine of $500.
         (2)  A  person  who  is   convicted   of   violating
    subsection  (a)  of  Section 11-501 of this Code a second
    time within 10 years, in addition to  any  other  penalty
    that may be imposed under subsection (c), is subject to a
    mandatory minimum of 2 days of imprisonment and a minimum
    fine of $1,250.
         (3)  A   person   who   is  convicted  of  violating
    subsection (a) of Section 11-501 of  this  Code  a  third
    time  within  20 years is guilty of a Class 4 felony and,
    in addition to any other  penalty  that  may  be  imposed
    under  subsection  (c), is subject to a mandatory minimum
    of 90 days of imprisonment and a minimum fine of $2,500.
         (4)  A person who is  convicted  of  violating  this
    subsection (c-4) a fourth or subsequent time is guilty of
    a  Class  2  felony and, in addition to any other penalty
    that may be imposed under subsection (c), is not eligible
    for a sentence of probation or conditional discharge  and
    is subject to a minimum fine of $2,500.
    (d) (1)  Every person convicted of committing a violation
    of  this  Section  shall  be guilty of aggravated driving
    under the influence of alcohol, other drug or  drugs,  or
    intoxicating  compound  or  compounds, or any combination
    thereof if:
              (A)  the person committed a violation  of  this
         Section,  or a similar provision of a law of another
         state or a local ordinance when the cause of  action
         is  the  same  as  or  substantially similar to this
         Section, for the third or subsequent time;
              (B)  the  person  committed  a   violation   of
         paragraph  (a)  while  driving  a  school  bus  with
         children on board;
              (C)  the  person  in  committing a violation of
         paragraph  (a)  was  involved  in  a  motor  vehicle
         accident that  resulted  in  great  bodily  harm  or
         permanent  disability  or  disfigurement to another,
         when the violation was  a  proximate  cause  of  the
         injuries; or
              (D)  the   person   committed  a  violation  of
         paragraph  (a)  for  a  second  time  and  has  been
         previously convicted of violating Section 9-3 of the
         Criminal Code of 1961 relating to reckless  homicide
         in  which  the  person  was  determined to have been
         under the influence of alcohol, other drug or drugs,
         or intoxicating compound or compounds as an  element
         of  the  offense  or  the person has previously been
         convicted under subparagraph (C) of  this  paragraph
         (1).
         (2)  Aggravated   driving  under  the  influence  of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof is a Class 4 felony
    for  which  a  person,  if  sentenced  to   a   term   of
    imprisonment,  shall  be  sentenced  to not less than one
    year and not  more  than  3  years  for  a  violation  of
    subparagraph  (A),  (B)  or  (D) of paragraph (1) of this
    subsection (d) and not less than one year  and  not  more
    than  12  years  for  a  violation of subparagraph (C) of
    paragraph (1) of this subsection (d). For any prosecution
    under this  subsection  (d),  a  certified  copy  of  the
    driving  abstract  of  the defendant shall be admitted as
    proof of any prior conviction.
    (e)  After a finding of guilt  and  prior  to  any  final
sentencing, or an order for supervision, for an offense based
upon  an  arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a  professional  evaluation  to  determine  if  an
alcohol,  drug, or intoxicating compound abuse problem exists
and the extent of the  problem.   Programs  conducting  these
evaluations  shall  be  licensed  by  the Department of Human
Services.  The cost of any professional evaluation  shall  be
paid   for   by   the  individual  required  to  undergo  the
professional evaluation.
    (f)  Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately  caused  any  incident  resulting  in  an
appropriate  emergency  response,  shall  be  liable  for the
expense of an emergency response as  provided  under  Section
5-5-3 of the Unified Code of Corrections.
    (g)  The  Secretary  of  State  shall  revoke the driving
privileges of any person convicted under this  Section  or  a
similar provision of a local ordinance.
    (h)  Every  person sentenced under subsection (d) of this
Section and who receives a term of probation  or  conditional
discharge shall be required to serve a minimum term of either
30  days  community  service  or,  beginning July 1, 1993, 48
consecutive hours of  imprisonment  as  a  condition  of  the
probation  or  conditional discharge.  This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
    (i)  The Secretary of State may  use  ignition  interlock
device   requirements   when   granting   driving  relief  to
individuals who have been arrested for a second or subsequent
offense of this Section or a similar  provision  of  a  local
ordinance.    The  Secretary  shall  establish  by  rule  and
regulation the procedures for use of the interlock system.
    (j)  In addition to any other penalties and  liabilities,
a person who is found guilty of or pleads guilty to violating
this   Section,   including   any   person  placed  on  court
supervision for violating this Section, shall be fined  $100,
payable  to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest.   In  the
event  that  more  than  one  agency  is  responsible for the
arrest,  the  $100  shall  be  shared  equally.   Any  moneys
received by a law enforcement agency  under  this  subsection
(j)  shall be used to purchase law enforcement equipment that
will assist in the prevention  of  alcohol  related  criminal
violence  throughout  the  State.  This shall include, but is
not limited to, in-car video cameras, radar and  laser  speed
detection  devices,  and  alcohol  breath testers. Any moneys
received  by  the  Department  of  State  Police  under  this
subsection (j) shall be deposited into the State  Police  DUI
Fund  and shall be used to purchase law enforcement equipment
that  will  assist  in  the  prevention  of  alcohol  related
criminal violence throughout the State.
(Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
90-611, eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff.
1-1-99;  90-779,  eff.  1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

    Section 15.  The Unified Code of Corrections  is  amended
by changing Sections 5-5-3 and 5-6-3 as follows:

    (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3.  Disposition.
    (a)  Every  person  convicted  of  an  offense  shall  be
sentenced as provided in this Section.
    (b)  The   following   options   shall   be   appropriate
dispositions,  alone  or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
         (1)  A period of probation.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (5)  An order directing the offender to clean up and
    repair the damage, if the offender  was  convicted  under
    paragraph  (h)  of  Section  21-1 of the Criminal Code of
    1961.
         (6)  A fine.
         (7)  An  order  directing  the  offender   to   make
    restitution  to  the  victim  under Section 5-5-6 of this
    Code.
         (8)  A sentence of participation in a county  impact
    incarceration program under Section 5-8-1.2 of this Code.
    Whenever  an individual is sentenced for an offense based
upon an arrest for a  violation  of  Section  11-501  of  the
Illinois  Vehicle  Code,  or  a  similar provision of a local
ordinance,  and  the   professional   evaluation   recommends
remedial  or  rehabilitative  treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only  in  conjunction  with
another  disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation.  Programs conducting  alcohol
or  other  drug  evaluation  or  remedial  education  must be
licensed by the Department of Human  Services.   However,  if
the  individual  is not a resident of Illinois, the court may
accept an  alcohol  or  other  drug  evaluation  or  remedial
education   program   in   the  state  of  such  individual's
residence.  Programs providing  treatment  must  be  licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any  individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a  similar  provision  of  local
ordinance,  whose  operation  of  a  motor  vehicle  while in
violation of Section 11-501  or  such  ordinance  proximately
caused  an  incident  resulting  in  an appropriate emergency
response, shall be required to make restitution to  a  public
agency  for  the  costs  of  that  emergency  response.  Such
restitution shall not exceed $500 per public agency for  each
such  emergency response.  For the purpose of this paragraph,
emergency  response  shall  mean  any  incident  requiring  a
response by: a police officer as defined under Section  1-162
of  the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an  ambulance
as  defined  under  Section  4.05  of  the  Emergency Medical
Services (EMS) Systems Act.
    Neither  a  fine  nor  restitution  shall  be  the   sole
disposition  for  a  felony and either or both may be imposed
only in conjunction with another disposition.
    (c) (1)  When a defendant is found guilty of first degree
    murder  the  State  may  either  seek   a   sentence   of
    imprisonment  under  Section 5-8-1 of this Code, or where
    appropriate seek a sentence of death under Section 9-1 of
    the Criminal Code of 1961.
         (2)  A period  of  probation,  a  term  of  periodic
    imprisonment   or  conditional  discharge  shall  not  be
    imposed for  the  following  offenses.  The  court  shall
    sentence  the  offender to not less than the minimum term
    of imprisonment set forth in this Code for the  following
    offenses,  and may order a fine or restitution or both in
    conjunction with such term of imprisonment:
              (A)  First  degree  murder  where   the   death
         penalty is not imposed.
              (B)  Attempted first degree murder.
              (C)  A Class X felony.
              (D)  A violation of Section 401.1 or 407 of the
         Illinois  Controlled  Substances Act, or a violation
         of subdivision (c)(2) of Section  401  of  that  Act
         which  relates  to  more than 5 grams of a substance
         containing cocaine or an analog thereof.
              (E)  A violation of Section 5.1  or  9  of  the
         Cannabis Control Act.
              (F)  A   Class  2  or  greater  felony  if  the
         offender had been convicted of a Class 2 or  greater
         felony  within  10  years  of  the date on which the
         offender committed the offense for which he  or  she
         is  being sentenced, except as otherwise provided in
         Section 40-10 of the Alcoholism and Other Drug Abuse
         and Dependency Act.
              (G)  Residential burglary, except as  otherwise
         provided  in  Section  40-10  of  the Alcoholism and
         Other Drug Abuse and Dependency Act.
              (H)  Criminal   sexual   assault,   except   as
         otherwise  provided  in  subsection  (e)   of   this
         Section.
              (I)  Aggravated battery of a senior citizen.
              (J)  A  forcible  felony  if  the  offense  was
         related to the activities of an organized gang.
              Before  July  1, 1994, for the purposes of this
         paragraph, "organized gang" means an association  of
         5  or  more  persons, with an established hierarchy,
         that  encourages  members  of  the  association   to
         perpetrate crimes or provides support to the members
         of the association who do commit crimes.
              Beginning  July  1,  1994,  for the purposes of
         this paragraph, "organized  gang"  has  the  meaning
         ascribed  to  it  in  Section  10  of  the  Illinois
         Streetgang Terrorism Omnibus Prevention Act.
              (K)  Vehicular hijacking.
              (L)  A  second or subsequent conviction for the
         offense of hate crime when  the  underlying  offense
         upon  which  the  hate  crime  is  based  is  felony
         aggravated assault or felony mob action.
              (M)  A  second or subsequent conviction for the
         offense of institutional vandalism if the damage  to
         the property exceeds $300.
              (N)  A  Class  3  felony violation of paragraph
         (1) of subsection (a) of Section 2  of  the  Firearm
         Owners Identification Card Act.
              (O)  A  violation  of  Section  12-6.1  of  the
         Criminal Code of 1961.
              (P)  A  violation  of  paragraph (1), (2), (3),
         (4), (5),  or  (7)  of  subsection  (a)  of  Section
         11-20.1 of the Criminal Code of 1961.
              (Q)  A  violation  of  Section  20-1.2  of  the
         Criminal Code of 1961.
              (R)  A   violation  of  Section  24-3A  of  the
         Criminal Code of 1961.
         (3)  A minimum term of imprisonment of not less than
    48 consecutive hours or 100 hours of community service as
    may be determined by the court shall  be  imposed  for  a
    second  or  subsequent violation committed within 5 years
    of a previous violation of Section 11-501 of the Illinois
    Vehicle Code or a similar provision of a local ordinance.
         (4)  A minimum term of imprisonment of not less than
    7 consecutive days or 30 days of community service  shall
    be  imposed  for  a violation of paragraph (c) of Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  A minimum term  of  30  consecutive  days  of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720  hours  of community service, as may be determined by
    the court, shall be imposed for a  violation  of  Section
    11-501  of  the  Illinois Vehicle Code during a period in
    which the defendant's driving privileges are  revoked  or
    suspended,  where  the revocation or suspension was for a
    violation of Section 11-501 or Section 11-501.1  of  that
    Code.
         (5)  The court may sentence an offender convicted of
    a business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
              (A)  a period of conditional discharge;
              (B)  a fine;
              (C)  make   restitution  to  the  victim  under
         Section 5-5-6 of this Code.
         (6)  In no case shall an offender be eligible for  a
    disposition  of  probation or conditional discharge for a
    Class 1 felony committed while he was serving a  term  of
    probation or conditional discharge for a felony.
         (7)  When   a   defendant  is  adjudged  a  habitual
    criminal under Article 33B of the Criminal Code of  1961,
    the  court  shall  sentence  the  defendant  to a term of
    natural life imprisonment.
         (8)  When a defendant, over the age of 21 years,  is
    convicted  of  a  Class 1 or Class 2 felony, after having
    twice been convicted of any  Class  2  or  greater  Class
    felonies  in  Illinois,  and  such charges are separately
    brought and tried and arise out of  different  series  of
    acts,  such  defendant  shall  be  sentenced as a Class X
    offender. This paragraph shall not apply unless  (1)  the
    first  felony  was  committed after the effective date of
    this amendatory Act of 1977; and (2)  the  second  felony
    was  committed after conviction on the first; and (3) the
    third  felony  was  committed  after  conviction  on  the
    second.
         (9)  A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may  be  sentenced
    to a term of natural life imprisonment.
         (10)  When   a  person  is  convicted  of  violating
    Section 11-501 of the Illinois Vehicle Code or a  similar
    provision  of  a local ordinance, the following penalties
    apply when his or her blood, breath, or urine was .16  or
    more  based  on the definition of blood, breath, or urine
    units in Section 11-501.2 or that person is convicted  of
    violating  Section  11-501  of  the Illinois Vehicle Code
    while transporting a child under the age of 16:
              (A)  For a first violation of subsection (a) of
         Section 11-501, in addition  to  any  other  penalty
         that  may be imposed under subsection (c) of Section
         11-501:  a  mandatory  minimum  of  100   hours   of
         community service and a minimum fine of $500.
              (B)  For  a  second violation of subsection (a)
         of Section 11-501, in addition to any other  penalty
         that  may be imposed under subsection (c) of Section
         11-501 within 10 years: a  mandatory  minimum  of  2
         days of imprisonment and a minimum fine of $1,250.
              (C)  For a third violation of subsection (a) of
         Section  11-501,  in  addition  to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501  within  20  years: a mandatory minimum of 90
         days of imprisonment and a minimum fine of $2,500.
              (D)  For a fourth or  subsequent  violation  of
         subsection  (a) of Section 11-501: ineligibility for
         a sentence of probation or conditional discharge and
         a minimum fine of $2,500.
    (d)  In any case in which a sentence  originally  imposed
is  vacated,  the  case shall be remanded to the trial court.
The trial court shall hold a hearing under Section  5-4-1  of
the Unified Code of Corrections which may include evidence of
the  defendant's  life, moral character and occupation during
the time since the original sentence was passed.   The  trial
court  shall  then  impose  sentence upon the defendant.  The
trial court may impose any sentence  which  could  have  been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault  or  aggravated  criminal  sexual abuse under Section
12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
conviction  of  a  defendant  who  was a family member of the
victim at the time of the  commission  of  the  offense,  the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
         (1)  the   court  finds  (A)  or  (B)  or  both  are
    appropriate:
              (A)  the defendant  is  willing  to  undergo  a
         court  approved  counseling  program  for  a minimum
         duration of 2 years; or
              (B)  the defendant is willing to participate in
         a court approved plan including but not  limited  to
         the defendant's:
                   (i)  removal from the household;
                   (ii)  restricted contact with the victim;
                   (iii)  continued  financial support of the
              family;
                   (iv)  restitution for  harm  done  to  the
              victim; and
                   (v)  compliance  with  any  other measures
              that the court may deem appropriate; and
         (2)  the court orders the defendant to pay  for  the
    victim's  counseling  services,  to  the  extent that the
    court finds, after considering the defendant's income and
    assets, that the  defendant  is  financially  capable  of
    paying  for  such  services,  if  the victim was under 18
    years of age at the time the offense  was  committed  and
    requires counseling as a result of the offense.
    Probation  may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing  that
the  defendant  violated  a condition of his or her probation
restricting contact with the victim or other  family  members
or  commits  another  offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this  Section,  "family  member"  and
"victim"  shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f)  This Article shall not  deprive  a  court  in  other
proceedings  to order a forfeiture of property, to suspend or
cancel a license, to remove  a  person  from  office,  or  to
impose any other civil penalty.
    (g)  Whenever  a  defendant  is  convicted  of an offense
under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
shall  undergo  medical  testing  to  determine  whether  the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any    other   identified   causative   agent   of   acquired
immunodeficiency syndrome  (AIDS).   Any  such  medical  test
shall  be  performed  only  by appropriately licensed medical
practitioners and may  include  an  analysis  of  any  bodily
fluids  as  well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance  with the best interests of the victim
and the public,  the  judge  shall  have  the  discretion  to
determine  to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results.  The court shall also notify the victim if requested
by the victim, and if the victim is under the age of  15  and
if  requested  by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian  of
the test results.  The court shall provide information on the
availability  of  HIV testing and counseling at Department of
Public Health facilities to all parties to whom  the  results
of  the  testing  are  revealed  and shall direct the State's
Attorney to  provide  the  information  to  the  victim  when
possible. A State's Attorney may petition the court to obtain
the  results of any HIV test administered under this Section,
and the court shall  grant  the  disclosure  if  the  State's
Attorney  shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of  the
Criminal Code of 1961 against the defendant.  The court shall
order  that  the  cost  of any such test shall be paid by the
county and may  be  taxed  as  costs  against  the  convicted
defendant.
    (g-5)  When   an   inmate   is  tested  for  an  airborne
communicable  disease,  as   determined   by   the   Illinois
Department  of  Public  Health  including  but not limited to
tuberculosis, the results of the  test  shall  be  personally
delivered  by  the  warden or his or her designee in a sealed
envelope to the judge of the court in which the  inmate  must
appear  for  the judge's inspection in camera if requested by
the judge.  Acting in accordance with the best  interests  of
those  in  the courtroom, the judge shall have the discretion
to determine what if any precautions  need  to  be  taken  to
prevent transmission of the disease in the courtroom.
    (h)  Whenever  a  defendant  is  convicted  of an offense
under Section 1 or 2 of the Hypodermic Syringes  and  Needles
Act, the defendant shall undergo medical testing to determine
whether   the   defendant   has   been   exposed   to   human
immunodeficiency   virus   (HIV)   or  any  other  identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance with the best interests of the public,
the judge shall have the discretion to determine to whom,  if
anyone, the results of the testing may be revealed. The court
shall  notify  the  defendant  of  a positive test showing an
infection with the human immunodeficiency  virus  (HIV).  The
court  shall  provide  information on the availability of HIV
testing  and  counseling  at  Department  of  Public   Health
facilities  to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information  to  the  victim  when  possible.  A  State's
Attorney  may petition the court to obtain the results of any
HIV test administered under  this   Section,  and  the  court
shall  grant  the disclosure if the State's Attorney shows it
is relevant in  order  to  prosecute  a  charge  of  criminal
transmission  of  HIV  under  Section 12-16.2 of the Criminal
Code of 1961 against the defendant.  The  court  shall  order
that  the  cost  of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
    (i)  All fines and penalties imposed under  this  Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
    (j)  In cases  when  prosecution  for  any  violation  of
Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of  1961,  any  violation  of  the
Illinois  Controlled  Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition  of
court  supervision,  or  an  order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of  the
Illinois  Controlled  Substance Act of a defendant, the court
shall determine  whether  the  defendant  is  employed  by  a
facility  or  center  as  defined under the Child Care Act of
1969, a public or private elementary or secondary school,  or
otherwise  works  with  children  under  18 years of age on a
daily basis.  When a defendant  is  so  employed,  the  court
shall  order  the  Clerk  of  the Court to send a copy of the
judgment of conviction or order of supervision  or  probation
to  the  defendant's  employer  by  certified  mail.  If  the
employer of the defendant is a school, the Clerk of the Court
shall  direct  the  mailing  of  a  copy  of  the judgment of
conviction or  order  of  supervision  or  probation  to  the
appropriate regional superintendent of schools.  The regional
superintendent  of  schools  shall  notify the State Board of
Education of any notification under this subsection.
    (j-5)  A defendant at  least  17  years  of  age  who  is
convicted  of  a  felony  and  who  has  not  been previously
convicted of a misdemeanor or felony and who is sentenced  to
a   term  of  imprisonment  in  the  Illinois  Department  of
Corrections shall as a condition of his or  her  sentence  be
required  by the court to attend educational courses designed
to prepare the defendant for a high  school  diploma  and  to
work  toward  a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work  toward  completing  a  vocational  training
program  offered  by  the  Department  of  Corrections.  If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration,  the
Prisoner  Review  Board  shall,  as  a condition of mandatory
supervised release, require the defendant, at his or her  own
expense,  to  pursue  a  course of study toward a high school
diploma or passage of the  GED  test.   The  Prisoner  Review
Board  shall  revoke  the  mandatory  supervised release of a
defendant who wilfully fails to comply with  this  subsection
(j-5)  upon  his  or  her release from confinement in a penal
institution while  serving  a  mandatory  supervised  release
term;  however, the inability of the defendant after making a
good faith effort to obtain financial  aid  or  pay  for  the
educational  training shall not be deemed a wilful failure to
comply.   The  Prisoner  Review  Board  shall  recommit   the
defendant  whose  mandatory  supervised release term has been
revoked under this subsection (j-5) as  provided  in  Section
3-3-9.   This  subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed  the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
    (k)  A court may not impose a sentence or disposition for
a  felony  or  misdemeanor  that requires the defendant to be
implanted or injected with  or  to  use  any  form  of  birth
control.
    (l) (A)  Except   as   provided   in   paragraph  (C)  of
    subsection (l), whenever a defendant, who is an alien  as
    defined  by  the  Immigration  and  Nationality  Act,  is
    convicted of any felony or misdemeanor offense, the court
    after  sentencing  the  defendant may, upon motion of the
    State's Attorney, hold sentence in  abeyance  and  remand
    the  defendant  to the custody of the Attorney General of
    the United States or his or her designated  agent  to  be
    deported when:
              (1)  a  final  order  of  deportation  has been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and would not  be  inconsistent  with  the  ends  of
         justice.
         Otherwise,  the  defendant  shall  be  sentenced  as
    provided in this Chapter V.
         (B)  If the defendant has already been sentenced for
    a  felony  or  misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois  Controlled  Substances  Act,
    the  court  may,  upon  motion of the State's Attorney to
    suspend the sentence imposed, commit the defendant to the
    custody of the Attorney General of the United  States  or
    his or her designated agent when:
              (1)  a  final  order  of  deportation  has been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and would not  be  inconsistent  with  the  ends  of
         justice.
         (C)  This subsection (l) does not apply to offenders
    who  are  subject  to  the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
         (D)  Upon motion  of  the  State's  Attorney,  if  a
    defendant  sentenced  under  this  Section returns to the
    jurisdiction of the United States, the defendant shall be
    recommitted to the custody of the county from which he or
    she was sentenced. Thereafter,  the  defendant  shall  be
    brought before the sentencing court, which may impose any
    sentence  that  was  available under Section 5-5-3 at the
    time of initial sentencing.  In addition,  the  defendant
    shall  not be eligible for additional good conduct credit
    for meritorious service as provided under Section 3-6-6.
    (m)  A  person  convicted  of  criminal   defacement   of
property  under  Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300  and  the  property
damaged  is  a  school  building, shall be ordered to perform
community service  that  may  include  cleanup,  removal,  or
painting over the defacement.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
91-357, eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663,  eff.
12-22-99; 91-695, eff. 4-13-00.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  court  to attend educational courses designed
    to prepare the defendant for a high school diploma and to
    work toward a high  school  diploma  or  to  work  toward
    passing the high school level Test of General Educational
    Development   (GED)   or  to  work  toward  completing  a
    vocational training program approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This clause (7) does not apply to a person who has a high
    school  diploma  or has successfully passed the GED test.
    This clause (7)  does  not  apply  to  a  person  who  is
    determined by the court to be developmentally disabled or
    otherwise    mentally   incapable   of   completing   the
    educational or vocational program; and
         (8)   if convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the Court require that
the person:
         (1)  serve a term  of  periodic  imprisonment  under
    Article  7  for  a period not to exceed that specified in
    paragraph (d) of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the  offender  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be. This fee shall be imposed in
         addition to the fees imposed under  subsections  (g)
         and  (i) of this Section. The fee shall be collected
         by the clerk of the circuit court.  The clerk of the
         circuit court shall pay all  monies  collected  from
         this  fee to the county treasurer for deposit in the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those  referenced in clause (iv) above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the defendant  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be.  This fee shall  be  imposed
         in  addition  to  the fees imposed under subsections
         (g) and (i) of  this  Section.   The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer who
         shall use the monies collected to defray  the  costs
         of  corrections.  The county treasurer shall deposit
         the fee collected in the county  working  cash  fund
         under  Section  6-27001  or  Section  6-29002 of the
         Counties Code, as the case may be.
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter amended, or an order of  protection  issued  by
    the  court  of  another  state,  tribe,  or United States
    territory. A copy of the order  of  protection  shall  be
    transmitted  to  the  probation  officer or agency having
    responsibility for the case;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation  officer,  if  the defendant has been placed on
    probation or  advance  approval  by  the  court,  if  the
    defendant was placed on conditional discharge;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (c)  The court may as a  condition  of  probation  or  of
conditional discharge require that a person under 18 years of
age  found  guilty  of  any  alcohol,  cannabis or controlled
substance  violation,  refrain  from  acquiring  a   driver's
license   during  the  period  of  probation  or  conditional
discharge.  If such person is in possession of  a  permit  or
license,  the  court  may require that the minor refrain from
driving or operating any motor vehicle during the  period  of
probation   or   conditional  discharge,  except  as  may  be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge shall be given  a  certificate  setting  forth  the
conditions thereof.
    (e)  The  court  shall  not require as a condition of the
sentence of  probation  or  conditional  discharge  that  the
offender  be  committed to a period of imprisonment in excess
of 6 months.  This 6 month limit shall not include periods of
confinement given pursuant to a  sentence  of  county  impact
incarceration  under Section 5-8-1.2. This 6 month limit does
not apply to a person sentenced to probation as a result of a
conviction of a fourth or subsequent violation of  subsection
(c-4)  of  Section  11-501  of the Illinois Vehicle Code or a
similar provision of a local ordinance.
    Persons committed  to  imprisonment  as  a  condition  of
probation  or conditional discharge shall not be committed to
the Department of Corrections.
    (f)  The  court  may  combine  a  sentence  of   periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration  program  under  Article  8  with a sentence of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device,  shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved   electronic   monitoring  in  accordance  with  the
defendant's ability to pay those  costs.   The  county  board
with  the  concurrence  of  the  Chief  Judge of the judicial
circuit in  which  the  county  is  located  shall  establish
reasonable  fees  for  the  cost of maintenance, testing, and
incidental expenses related to the mandatory drug or  alcohol
testing,  or  both,  and  all  costs  incidental  to approved
electronic monitoring, involved  in  a  successful  probation
program  for  the county.  The concurrence of the Chief Judge
shall be in the form of an  administrative  order.  The  fees
shall  be  collected  by the clerk of the circuit court.  The
clerk of the circuit court shall  pay  all  moneys  collected
from  these  fees  to  the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and  electronic  monitoring.  The  county  treasurer
shall  deposit  the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction over an  offender  may  be  transferred
from  the  sentencing  court  to the court of another circuit
with the concurrence of both  courts,  or  to  another  state
under   an   Interstate  Probation  Reciprocal  Agreement  as
provided in Section 3-3-11.  Further transfers or retransfers
of jurisdiction are also authorized in the same manner.   The
court  to  which jurisdiction has been transferred shall have
the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to  conditional  discharge
after  January  1,  1992, as a condition of such probation or
conditional discharge,  a  fee  of  $25  for  each  month  of
probation or conditional discharge supervision ordered by the
court,  unless  after determining the inability of the person
sentenced to probation or conditional discharge  to  pay  the
fee,  the  court  assesses  a  lesser  fee. The court may not
impose the fee on a minor who is made a  ward  of  the  State
under  the  Juvenile  Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation  and  court  services
department.   The  fee shall be collected by the clerk of the
circuit court.  The clerk of the circuit court shall pay  all
monies  collected  from  this fee to the county treasurer for
deposit in  the  probation  and  court  services  fund  under
Section 15.1 of the Probation and Probation Officers Act.
    (j)  All  fines  and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 25, 2001.
    Approved August 17, 2001.

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