[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0673
HB4472 Enrolled LRB9214863DHmb
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-301.1 and 6-301.2 as follows:
(625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
Sec. 6-301.1. Fictitious or unlawfully altered driver's
license or permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means
any issued license or permit for which a computerized
number and file have been created by the Secretary of
State or other official driver's license agency in
another jurisdiction which contains false information
concerning the identity of the individual issued the
license or permit;
2. "False information" means any information
concerning the name, sex, date of birth, social security
number or any photograph that falsifies all or in part
the actual identity of the individual issued the license
or permit;
3. "An unlawfully altered driver's license or
permit" means any issued license or permit for which a
computerized number and file have been created by the
Secretary of State or other official driver's license
agency in another jurisdiction which has been physically
altered or changed in such a manner that false
information appears upon the license or permit;
4. "A document capable of defrauding another"
includes, but is not limited to, any document by which
any right, obligation or power with reference to any
person or property may be created, transferred, altered
or terminated;
5. "An identification document" means any document
made or issued by or under the authority of the United
States Government, the State of Illinois or any other
state or political subdivision thereof, or any other
governmental or quasi-governmental organization which,
when completed with information concerning the
individual, is of a type intended or commonly accepted
for the purpose of identification of an individual;.
6. "Common carrier" means any public or private
provider of transportation, whether by land, air, or
water.
(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or
unlawfully altered driver's license or permit;
2. To knowingly possess, display or cause to be
displayed any fictitious or unlawfully altered driver's
license or permit for the purpose of obtaining any
account, credit, credit card or debit card from a bank,
financial institution or retail mercantile establishment;
3. To knowingly possess any fictitious or
unlawfully altered driver's license or permit with the
intent to commit a theft, deception or credit or debit
card fraud in violation of any law of this State or any
law of any other jurisdiction;
4. To knowingly possess any fictitious or
unlawfully altered driver's license or permit with the
intent to commit any other violation of any law of this
State or any law of any other jurisdiction for which a
sentence to a term of imprisonment in a penitentiary for
one year or more is provided;
5. To knowingly possess any fictitious or
unlawfully altered driver's license or permit while in
possession without authority of any document, instrument
or device capable of defrauding another;
6. To knowingly possess any fictitious or
unlawfully altered driver's license or permit with the
intent to use the license or permit to acquire any other
identification document;
7. To knowingly issue or assist in the issuance of
any fictitious driver's license or permit;
8. To knowingly alter or attempt to alter any
driver's license or permit;
9. To knowingly manufacture, possess, transfer or
provide any identification document whether real or
fictitious for the purpose of obtaining a fictitious
driver's license or permit;.
10. To knowingly use any fictitious or unlawfully
altered driver's license or permit to purchase or attempt
to purchase any ticket for a common carrier or to board
or attempt to board any common carrier;
11. To knowingly possess any fictitious or
unlawfully altered driver's license or permit if the
person has at the time a different driver's license
issued by the Illinois Secretary of State or other
official driver's license agency in another jurisdiction
that is suspended or revoked.
(c) Sentence.
1. Any person convicted of a violation of paragraph
1 of subsection (b) of this Section shall be guilty of a
Class A misdemeanor and shall be sentenced to minimum
fine of $500 or 50 hours of community service, preferably
at an alcohol abuse prevention program, if available. A
person convicted of a second or subsequent violation
shall be guilty of a Class 4 felony.
2. Any person convicted of a violation of paragraph
3 of subsection (b) of this Section who at the time of
arrest had in his possession two or more fictitious or
unlawfully altered driver's licenses or permits shall be
guilty of a Class 4 felony.
3. Any person convicted of a violation of any of
paragraphs 2 through 11 9 of subsection (b) of this
Section shall be guilty of a Class 4 felony. A person
convicted of a second or subsequent violation shall be
guilty of a Class 3 felony.
(d) This Section does not prohibit any lawfully
authorized investigative, protective, law enforcement or
other activity of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(Source: P.A. 88-210.)
(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
license or permit;
2. To knowingly possess, display or cause to be
displayed any fraudulent driver's license or permit for
the purpose of obtaining any account, credit, credit card
or debit card from a bank, financial institution or
retail mercantile establishment;
3. To knowingly possess any fraudulent driver's
license or permit with the intent to commit a theft,
deception or credit or debit card fraud in violation of
any law of this State or any law of any other
jurisdiction;
4. To knowingly possess any fraudulent driver's
license or permit with the intent to commit any other
violation of any laws of this State or any law of any
other jurisdiction for which a sentence to a term of
imprisonment in a penitentiary for one year or more is
provided;
5. To knowingly possess any fraudulent driver's
license or permit while in unauthorized possession of any
document, instrument or device capable of defrauding
another;
6. To knowingly possess any fraudulent driver's
license or permit with the intent to use the license or
permit to acquire any other identification document;
7. To knowingly possess without authority any
driver's license-making or permit-making implement;
8. To knowingly possess any stolen driver's
license-making or permit-making implement;
9. To knowingly duplicate, manufacture, sell or
transfer any fraudulent driver's license or permit;
10. To advertise or distribute any information or
materials that promote the selling, giving, or furnishing
of a fraudulent driver's license or permit;.
11. To knowingly use any fraudulent driver's
license or permit to purchase or attempt to purchase any
ticket for a common carrier or to board or attempt to
board any common carrier. As used in this Section,
"common carrier" means any public or private provider of
transportation, whether by land, air, or water;
12. To knowingly possess any fraudulent driver's
license or permit if the person has at the time a
different driver's license issued by the Secretary of
State or another official driver's license agency in
another jurisdiction that is suspended or revoked.
(c) Sentence.
1. Any person convicted of a violation of paragraph
1 of subsection (b) of this Section shall be guilty of a
Class 4 felony and shall be sentenced to a minimum fine
of $500 or 50 hours of community service, preferably at
an alcohol abuse prevention program, if available.
2. Any person convicted of a violation of any of
paragraphs 2 through 9 or paragraph 11 or 12 of
subsection (b) of this Section shall be guilty of a Class
4 felony. A person convicted of a second or subsequent
violation shall be guilty of a Class 3 felony.
3. Any person convicted of a violation of paragraph
10 of subsection (b) of this Section shall be guilty of a
Class B misdemeanor.
(d) This Section does not prohibit any lawfully
authorized investigative, protective, law enforcement or
other activity of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(e) The Secretary may request the Attorney General to
seek a restraining order in the circuit court against any
person who violates this Section by advertising fraudulent
driver's licenses or permits.
(Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98;
90-191, eff. 1-1-98; 90-655, eff. 7-30-98.)
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
[ Top ]