101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2752

 

Introduced 2/4/2020, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-206
625 ILCS 5/6-508  from Ch. 95 1/2, par. 6-508
730 ILCS 5/5-6-3.1  from Ch. 38, par. 1005-6-3.1

    Amends the Illinois Identification Card Act. Provides that Illinois Identification Cards issued to persons upon conditional release or absolute discharge from the custody of the Department of Human Services be issued prior to release or discharge (instead of no sooner than 14 days prior to release or discharge). Amends the Illinois Vehicle Code. Provides that applicants for school bus driver permits and commercial driver's licenses must not have been convicted of (i) aggravated domestic battery, or (ii) specified offenses under the Liquor Control Act of 1934 within the last 20 years before the date of the application (rather than at any point in the applicant 's past). Amends the Unified Code of Corrections. Provides that a subsection concerning required proof of financial responsibility does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois. Makes other changes. Effective immediately.


LRB101 15007 LNS 65697 b

 

 

A BILL FOR

 

SB2752LRB101 15007 LNS 65697 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and signature
17or mark of the applicant. However, the Secretary of State may
18provide by rule for the issuance of Illinois Identification
19Cards without photographs if the applicant has a bona fide
20religious objection to being photographed or to the display of
21his or her photograph. The Illinois Identification Card may be
22used for identification purposes in any lawful situation only
23by the person to whom it was issued. As used in this Act,

 

 

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1"photograph" means any color photograph or digitally produced
2and captured image of an applicant for an identification card.
3As used in this Act, "signature" means the name of a person as
4written by that person and captured in a manner acceptable to
5the Secretary of State.
6    (a-5) If an applicant for an identification card has a
7current driver's license or instruction permit issued by the
8Secretary of State, the Secretary may require the applicant to
9utilize the same residence address and name on the
10identification card, driver's license, and instruction permit
11records maintained by the Secretary. The Secretary may
12promulgate rules to implement this provision.
13    (a-10) If the applicant is a judicial officer as defined in
14Section 1-10 of the Judicial Privacy Act or a peace officer,
15the applicant may elect to have his or her office or work
16address listed on the card instead of the applicant's residence
17or mailing address. The Secretary may promulgate rules to
18implement this provision. For the purposes of this subsection
19(a-10), "peace officer" means any person who by virtue of his
20or her office or public employment is vested by law with a duty
21to maintain public order or to make arrests for a violation of
22any penal statute of this State, whether that duty extends to
23all violations or is limited to specific violations.
24    (a-15) The Secretary of State may provide for an expedited
25process for the issuance of an Illinois Identification Card.
26The Secretary shall charge an additional fee for the expedited

 

 

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1issuance of an Illinois Identification Card, to be set by rule,
2not to exceed $75. All fees collected by the Secretary for
3expedited Illinois Identification Card service shall be
4deposited into the Secretary of State Special Services Fund.
5The Secretary may adopt rules regarding the eligibility,
6process, and fee for an expedited Illinois Identification Card.
7If the Secretary of State determines that the volume of
8expedited identification card requests received on a given day
9exceeds the ability of the Secretary to process those requests
10in an expedited manner, the Secretary may decline to provide
11expedited services, and the additional fee for the expedited
12service shall be refunded to the applicant.
13    (a-20) The Secretary of State shall issue a standard
14Illinois Identification Card to a committed person upon release
15on parole, mandatory supervised release, aftercare release,
16final discharge, or pardon from the Department of Corrections
17or Department of Juvenile Justice, if the released person
18presents a certified copy of his or her birth certificate,
19social security card or other documents authorized by the
20Secretary, and 2 documents proving his or her Illinois
21residence address. Documents proving residence address may
22include any official document of the Department of Corrections
23or the Department of Juvenile Justice showing the released
24person's address after release and a Secretary of State
25prescribed certificate of residency form, which may be executed
26by Department of Corrections or Department of Juvenile Justice

 

 

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1personnel.
2    (a-25) The Secretary of State shall issue a limited-term
3Illinois Identification Card valid for 90 days to a committed
4person upon release on parole, mandatory supervised release,
5aftercare release, final discharge, or pardon from the
6Department of Corrections or Department of Juvenile Justice, if
7the released person is unable to present a certified copy of
8his or her birth certificate and social security card or other
9documents authorized by the Secretary, but does present a
10Secretary of State prescribed verification form completed by
11the Department of Corrections or Department of Juvenile
12Justice, verifying the released person's date of birth and
13social security number and 2 documents proving his or her
14Illinois residence address. The verification form must have
15been completed no more than 30 days prior to the date of
16application for the Illinois Identification Card. Documents
17proving residence address shall include any official document
18of the Department of Corrections or the Department of Juvenile
19Justice showing the person's address after release and a
20Secretary of State prescribed certificate of residency, which
21may be executed by Department of Corrections or Department of
22Juvenile Justice personnel.
23    Prior to the expiration of the 90-day period of the
24limited-term Illinois Identification Card, if the released
25person submits to the Secretary of State a certified copy of
26his or her birth certificate and his or her social security

 

 

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1card or other documents authorized by the Secretary, a standard
2Illinois Identification Card shall be issued. A limited-term
3Illinois Identification Card may not be renewed.
4    (a-30) The Secretary of State shall issue a standard
5Illinois Identification Card to a person upon conditional
6release or absolute discharge from the custody of the
7Department of Human Services, if the person presents a
8certified copy of his or her birth certificate, social security
9card, or other documents authorized by the Secretary, and a
10document proving his or her Illinois residence address. The
11Secretary of State shall issue a standard Illinois
12Identification Card to a person no sooner than 14 days prior to
13his or her conditional release or absolute discharge if
14personnel from the Department of Human Services bring the
15person to a Secretary of State location with the required
16documents. Documents proving residence address may include any
17official document of the Department of Human Services showing
18the person's address after release and a Secretary of State
19prescribed verification form, which may be executed by
20personnel of the Department of Human Services.
21    (a-35) The Secretary of State shall issue a limited-term
22Illinois Identification Card valid for 90 days to a person upon
23conditional release or absolute discharge from the custody of
24the Department of Human Services, if the person is unable to
25present a certified copy of his or her birth certificate and
26social security card or other documents authorized by the

 

 

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1Secretary, but does present a Secretary of State prescribed
2verification form completed by the Department of Human
3Services, verifying the person's date of birth and social
4security number, and a document proving his or her Illinois
5residence address. The verification form must have been
6completed no more than 30 days prior to the date of application
7for the Illinois Identification Card. The Secretary of State
8shall issue a limited-term Illinois Identification Card to a
9person no sooner than 14 days prior to his or her conditional
10release or absolute discharge if personnel from the Department
11of Human Services bring the person to a Secretary of State
12location with the required documents. Documents proving
13residence address shall include any official document of the
14Department of Human Services showing the person's address after
15release and a Secretary of State prescribed verification form,
16which may be executed by personnel of the Department of Human
17Services.
18    (b) The Secretary of State shall issue a special Illinois
19Identification Card, which shall be known as an Illinois Person
20with a Disability Identification Card, to any natural person
21who is a resident of the State of Illinois, who is a person
22with a disability as defined in Section 4A of this Act, who
23applies for such card, or renewal thereof. No Illinois Person
24with a Disability Identification Card shall be issued to any
25person who holds a valid foreign state identification card,
26license, or permit unless the person first surrenders to the

 

 

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1Secretary of State the valid foreign state identification card,
2license, or permit. The Secretary of State shall charge no fee
3to issue such card. The card shall be prepared and supplied by
4the Secretary of State, and shall include a photograph and
5signature or mark of the applicant, a designation indicating
6that the card is an Illinois Person with a Disability
7Identification Card, and shall include a comprehensible
8designation of the type and classification of the applicant's
9disability as set out in Section 4A of this Act. However, the
10Secretary of State may provide by rule for the issuance of
11Illinois Person with a Disability Identification Cards without
12photographs if the applicant has a bona fide religious
13objection to being photographed or to the display of his or her
14photograph. If the applicant so requests, the card shall
15include a description of the applicant's disability and any
16information about the applicant's disability or medical
17history which the Secretary determines would be helpful to the
18applicant in securing emergency medical care. If a mark is used
19in lieu of a signature, such mark shall be affixed to the card
20in the presence of two witnesses who attest to the authenticity
21of the mark. The Illinois Person with a Disability
22Identification Card may be used for identification purposes in
23any lawful situation by the person to whom it was issued.
24    The Illinois Person with a Disability Identification Card
25may be used as adequate documentation of disability in lieu of
26a physician's determination of disability, a determination of

 

 

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1disability from a physician assistant, a determination of
2disability from an advanced practice registered nurse, or any
3other documentation of disability whenever any State law
4requires that a person with a disability provide such
5documentation of disability, however an Illinois Person with a
6Disability Identification Card shall not qualify the
7cardholder to participate in any program or to receive any
8benefit which is not available to all persons with like
9disabilities. Notwithstanding any other provisions of law, an
10Illinois Person with a Disability Identification Card, or
11evidence that the Secretary of State has issued an Illinois
12Person with a Disability Identification Card, shall not be used
13by any person other than the person named on such card to prove
14that the person named on such card is a person with a
15disability or for any other purpose unless the card is used for
16the benefit of the person named on such card, and the person
17named on such card consents to such use at the time the card is
18so used.
19    An optometrist's determination of a visual disability
20under Section 4A of this Act is acceptable as documentation for
21the purpose of issuing an Illinois Person with a Disability
22Identification Card.
23    When medical information is contained on an Illinois Person
24with a Disability Identification Card, the Office of the
25Secretary of State shall not be liable for any actions taken
26based upon that medical information.

 

 

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1    (c) The Secretary of State shall provide that each original
2or renewal Illinois Identification Card or Illinois Person with
3a Disability Identification Card issued to a person under the
4age of 21 shall be of a distinct nature from those Illinois
5Identification Cards or Illinois Person with a Disability
6Identification Cards issued to individuals 21 years of age or
7older. The color designated for Illinois Identification Cards
8or Illinois Person with a Disability Identification Cards for
9persons under the age of 21 shall be at the discretion of the
10Secretary of State.
11    (c-1) Each original or renewal Illinois Identification
12Card or Illinois Person with a Disability Identification Card
13issued to a person under the age of 21 shall display the date
14upon which the person becomes 18 years of age and the date upon
15which the person becomes 21 years of age.
16    (c-3) The General Assembly recognizes the need to identify
17military veterans living in this State for the purpose of
18ensuring that they receive all of the services and benefits to
19which they are legally entitled, including healthcare,
20education assistance, and job placement. To assist the State in
21identifying these veterans and delivering these vital services
22and benefits, the Secretary of State is authorized to issue
23Illinois Identification Cards and Illinois Person with a
24Disability Identification Cards with the word "veteran"
25appearing on the face of the cards. This authorization is
26predicated on the unique status of veterans. The Secretary may

 

 

SB2752- 10 -LRB101 15007 LNS 65697 b

1not issue any other identification card which identifies an
2occupation, status, affiliation, hobby, or other unique
3characteristics of the identification card holder which is
4unrelated to the purpose of the identification card.
5    (c-5) Beginning on or before July 1, 2015, the Secretary of
6State shall designate a space on each original or renewal
7identification card where, at the request of the applicant, the
8word "veteran" shall be placed. The veteran designation shall
9be available to a person identified as a veteran under
10subsection (b) of Section 5 of this Act who was discharged or
11separated under honorable conditions.
12    (d) The Secretary of State may issue a Senior Citizen
13discount card, to any natural person who is a resident of the
14State of Illinois who is 60 years of age or older and who
15applies for such a card or renewal thereof. The Secretary of
16State shall charge no fee to issue such card. The card shall be
17issued in every county and applications shall be made available
18at, but not limited to, nutrition sites, senior citizen centers
19and Area Agencies on Aging. The applicant, upon receipt of such
20card and prior to its use for any purpose, shall have affixed
21thereon in the space provided therefor his signature or mark.
22    (e) The Secretary of State, in his or her discretion, may
23designate on each Illinois Identification Card or Illinois
24Person with a Disability Identification Card a space where the
25card holder may place a sticker or decal, issued by the
26Secretary of State, of uniform size as the Secretary may

 

 

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1specify, that shall indicate in appropriate language that the
2card holder has renewed his or her Illinois Identification Card
3or Illinois Person with a Disability Identification Card.
4(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
599-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
6100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
7    Section 10. The Illinois Vehicle Code is amended by
8changing Sections 6-106.1, 6-206, and 6-508 as follows:
 
9    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
10    Sec. 6-106.1. School bus driver permit.
11    (a) The Secretary of State shall issue a school bus driver
12permit to those applicants who have met all the requirements of
13the application and screening process under this Section to
14insure the welfare and safety of children who are transported
15on school buses throughout the State of Illinois. Applicants
16shall obtain the proper application required by the Secretary
17of State from their prospective or current employer and submit
18the completed application to the prospective or current
19employer along with the necessary fingerprint submission as
20required by the Department of State Police to conduct
21fingerprint based criminal background checks on current and
22future information available in the state system and current
23information available through the Federal Bureau of
24Investigation's system. Applicants who have completed the

 

 

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1fingerprinting requirements shall not be subjected to the
2fingerprinting process when applying for subsequent permits or
3submitting proof of successful completion of the annual
4refresher course. Individuals who on July 1, 1995 (the
5effective date of Public Act 88-612) possess a valid school bus
6driver permit that has been previously issued by the
7appropriate Regional School Superintendent are not subject to
8the fingerprinting provisions of this Section as long as the
9permit remains valid and does not lapse. The applicant shall be
10required to pay all related application and fingerprinting fees
11as established by rule including, but not limited to, the
12amounts established by the Department of State Police and the
13Federal Bureau of Investigation to process fingerprint based
14criminal background investigations. All fees paid for
15fingerprint processing services under this Section shall be
16deposited into the State Police Services Fund for the cost
17incurred in processing the fingerprint based criminal
18background investigations. All other fees paid under this
19Section shall be deposited into the Road Fund for the purpose
20of defraying the costs of the Secretary of State in
21administering this Section. All applicants must:
22        1. be 21 years of age or older;
23        2. possess a valid and properly classified driver's
24    license issued by the Secretary of State;
25        3. possess a valid driver's license, which has not been
26    revoked, suspended, or canceled for 3 years immediately

 

 

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1    prior to the date of application, or have not had his or
2    her commercial motor vehicle driving privileges
3    disqualified within the 3 years immediately prior to the
4    date of application;
5        4. successfully pass a written test, administered by
6    the Secretary of State, on school bus operation, school bus
7    safety, and special traffic laws relating to school buses
8    and submit to a review of the applicant's driving habits by
9    the Secretary of State at the time the written test is
10    given;
11        5. demonstrate ability to exercise reasonable care in
12    the operation of school buses in accordance with rules
13    promulgated by the Secretary of State;
14        6. demonstrate physical fitness to operate school
15    buses by submitting the results of a medical examination,
16    including tests for drug use for each applicant not subject
17    to such testing pursuant to federal law, conducted by a
18    licensed physician, a licensed advanced practice
19    registered nurse, or a licensed physician assistant within
20    90 days of the date of application according to standards
21    promulgated by the Secretary of State;
22        7. affirm under penalties of perjury that he or she has
23    not made a false statement or knowingly concealed a
24    material fact in any application for permit;
25        8. have completed an initial classroom course,
26    including first aid procedures, in school bus driver safety

 

 

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1    as promulgated by the Secretary of State; and after
2    satisfactory completion of said initial course an annual
3    refresher course; such courses and the agency or
4    organization conducting such courses shall be approved by
5    the Secretary of State; failure to complete the annual
6    refresher course, shall result in cancellation of the
7    permit until such course is completed;
8        9. not have been under an order of court supervision
9    for or convicted of 2 or more serious traffic offenses, as
10    defined by rule, within one year prior to the date of
11    application that may endanger the life or safety of any of
12    the driver's passengers within the duration of the permit
13    period;
14        10. not have been under an order of court supervision
15    for or convicted of reckless driving, aggravated reckless
16    driving, driving while under the influence of alcohol,
17    other drug or drugs, intoxicating compound or compounds or
18    any combination thereof, or reckless homicide resulting
19    from the operation of a motor vehicle within 3 years of the
20    date of application;
21        11. not have been convicted of committing or attempting
22    to commit any one or more of the following offenses: (i)
23    those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2,
24    9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4,
25    10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
26    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,

 

 

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1    11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1,
2    11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
3    11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
4    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
5    11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-3.3, 12-4,
6    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
7    12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
8    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
9    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
10    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
11    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3,
12    20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7,
13    24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2,
14    and 33D-1, in subsection (A), clauses (a) and (b), of
15    Section 24-3, and those offenses contained in Article 29D
16    of the Criminal Code of 1961 or the Criminal Code of 2012;
17    (ii) those offenses defined in the Cannabis Control Act
18    except those offenses defined in subsections (a) and (b) of
19    Section 4, and subsection (a) of Section 5 of the Cannabis
20    Control Act; (iii) those offenses defined in the Illinois
21    Controlled Substances Act; (iv) those offenses defined in
22    the Methamphetamine Control and Community Protection Act;
23    and (v) any offense committed or attempted in any other
24    state or against the laws of the United States, which if
25    committed or attempted in this State would be punishable as
26    one or more of the foregoing offenses; (vi) the offenses

 

 

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1    defined in Section 4.1 and 5.1 of the Wrongs to Children
2    Act or Section 11-9.1A of the Criminal Code of 1961 or the
3    Criminal Code of 2012; (vii) those offenses defined in
4    Section 6-16 of the Liquor Control Act of 1934 within the
5    last 20 years before the date of the application; and
6    (viii) those offenses defined in the Methamphetamine
7    Precursor Control Act;
8        12. not have been repeatedly involved as a driver in
9    motor vehicle collisions or been repeatedly convicted of
10    offenses against laws and ordinances regulating the
11    movement of traffic, to a degree which indicates lack of
12    ability to exercise ordinary and reasonable care in the
13    safe operation of a motor vehicle or disrespect for the
14    traffic laws and the safety of other persons upon the
15    highway;
16        13. not have, through the unlawful operation of a motor
17    vehicle, caused an accident resulting in the death of any
18    person;
19        14. not have, within the last 5 years, been adjudged to
20    be afflicted with or suffering from any mental disability
21    or disease;
22        15. consent, in writing, to the release of results of
23    reasonable suspicion drug and alcohol testing under
24    Section 6-106.1c of this Code by the employer of the
25    applicant to the Secretary of State; and
26        16. not have been convicted of committing or attempting

 

 

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1    to commit within the last 20 years: (i) an offense defined
2    in subsection (c) of Section 4, subsection (b) of Section
3    5, and subsection (a) of Section 8 of the Cannabis Control
4    Act; or (ii) any offenses in any other state or against the
5    laws of the United States that, if committed or attempted
6    in this State, would be punishable as one or more of the
7    foregoing offenses.
8    (b) A school bus driver permit shall be valid for a period
9specified by the Secretary of State as set forth by rule. It
10shall be renewable upon compliance with subsection (a) of this
11Section.
12    (c) A school bus driver permit shall contain the holder's
13driver's license number, legal name, residence address, zip
14code, and date of birth, a brief description of the holder and
15a space for signature. The Secretary of State may require a
16suitable photograph of the holder.
17    (d) The employer shall be responsible for conducting a
18pre-employment interview with prospective school bus driver
19candidates, distributing school bus driver applications and
20medical forms to be completed by the applicant, and submitting
21the applicant's fingerprint cards to the Department of State
22Police that are required for the criminal background
23investigations. The employer shall certify in writing to the
24Secretary of State that all pre-employment conditions have been
25successfully completed including the successful completion of
26an Illinois specific criminal background investigation through

 

 

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1the Department of State Police and the submission of necessary
2fingerprints to the Federal Bureau of Investigation for
3criminal history information available through the Federal
4Bureau of Investigation system. The applicant shall present the
5certification to the Secretary of State at the time of
6submitting the school bus driver permit application.
7    (e) Permits shall initially be provisional upon receiving
8certification from the employer that all pre-employment
9conditions have been successfully completed, and upon
10successful completion of all training and examination
11requirements for the classification of the vehicle to be
12operated, the Secretary of State shall provisionally issue a
13School Bus Driver Permit. The permit shall remain in a
14provisional status pending the completion of the Federal Bureau
15of Investigation's criminal background investigation based
16upon fingerprinting specimens submitted to the Federal Bureau
17of Investigation by the Department of State Police. The Federal
18Bureau of Investigation shall report the findings directly to
19the Secretary of State. The Secretary of State shall remove the
20bus driver permit from provisional status upon the applicant's
21successful completion of the Federal Bureau of Investigation's
22criminal background investigation.
23    (f) A school bus driver permit holder shall notify the
24employer and the Secretary of State if he or she is issued an
25order of court supervision for or convicted in another state of
26an offense that would make him or her ineligible for a permit

 

 

SB2752- 19 -LRB101 15007 LNS 65697 b

1under subsection (a) of this Section. The written notification
2shall be made within 5 days of the entry of the order of court
3supervision or conviction. Failure of the permit holder to
4provide the notification is punishable as a petty offense for a
5first violation and a Class B misdemeanor for a second or
6subsequent violation.
7    (g) Cancellation; suspension; notice and procedure.
8        (1) The Secretary of State shall cancel a school bus
9    driver permit of an applicant whose criminal background
10    investigation discloses that he or she is not in compliance
11    with the provisions of subsection (a) of this Section.
12        (2) The Secretary of State shall cancel a school bus
13    driver permit when he or she receives notice that the
14    permit holder fails to comply with any provision of this
15    Section or any rule promulgated for the administration of
16    this Section.
17        (3) The Secretary of State shall cancel a school bus
18    driver permit if the permit holder's restricted commercial
19    or commercial driving privileges are withdrawn or
20    otherwise invalidated.
21        (4) The Secretary of State may not issue a school bus
22    driver permit for a period of 3 years to an applicant who
23    fails to obtain a negative result on a drug test as
24    required in item 6 of subsection (a) of this Section or
25    under federal law.
26        (5) The Secretary of State shall forthwith suspend a

 

 

SB2752- 20 -LRB101 15007 LNS 65697 b

1    school bus driver permit for a period of 3 years upon
2    receiving notice that the holder has failed to obtain a
3    negative result on a drug test as required in item 6 of
4    subsection (a) of this Section or under federal law.
5        (6) The Secretary of State shall suspend a school bus
6    driver permit for a period of 3 years upon receiving notice
7    from the employer that the holder failed to perform the
8    inspection procedure set forth in subsection (a) or (b) of
9    Section 12-816 of this Code.
10        (7) The Secretary of State shall suspend a school bus
11    driver permit for a period of 3 years upon receiving notice
12    from the employer that the holder refused to submit to an
13    alcohol or drug test as required by Section 6-106.1c or has
14    submitted to a test required by that Section which
15    disclosed an alcohol concentration of more than 0.00 or
16    disclosed a positive result on a National Institute on Drug
17    Abuse five-drug panel, utilizing federal standards set
18    forth in 49 CFR 40.87.
19    The Secretary of State shall notify the State
20Superintendent of Education and the permit holder's
21prospective or current employer that the applicant has (1) has
22failed a criminal background investigation or (2) is no longer
23eligible for a school bus driver permit; and of the related
24cancellation of the applicant's provisional school bus driver
25permit. The cancellation shall remain in effect pending the
26outcome of a hearing pursuant to Section 2-118 of this Code.

 

 

SB2752- 21 -LRB101 15007 LNS 65697 b

1The scope of the hearing shall be limited to the issuance
2criteria contained in subsection (a) of this Section. A
3petition requesting a hearing shall be submitted to the
4Secretary of State and shall contain the reason the individual
5feels he or she is entitled to a school bus driver permit. The
6permit holder's employer shall notify in writing to the
7Secretary of State that the employer has certified the removal
8of the offending school bus driver from service prior to the
9start of that school bus driver's next workshift. An employing
10school board that fails to remove the offending school bus
11driver from service is subject to the penalties defined in
12Section 3-14.23 of the School Code. A school bus contractor who
13violates a provision of this Section is subject to the
14penalties defined in Section 6-106.11.
15    All valid school bus driver permits issued under this
16Section prior to January 1, 1995, shall remain effective until
17their expiration date unless otherwise invalidated.
18    (h) When a school bus driver permit holder who is a service
19member is called to active duty, the employer of the permit
20holder shall notify the Secretary of State, within 30 days of
21notification from the permit holder, that the permit holder has
22been called to active duty. Upon notification pursuant to this
23subsection, (i) the Secretary of State shall characterize the
24permit as inactive until a permit holder renews the permit as
25provided in subsection (i) of this Section, and (ii) if a
26permit holder fails to comply with the requirements of this

 

 

SB2752- 22 -LRB101 15007 LNS 65697 b

1Section while called to active duty, the Secretary of State
2shall not characterize the permit as invalid.
3    (i) A school bus driver permit holder who is a service
4member returning from active duty must, within 90 days, renew a
5permit characterized as inactive pursuant to subsection (h) of
6this Section by complying with the renewal requirements of
7subsection (b) of this Section.
8    (j) For purposes of subsections (h) and (i) of this
9Section:
10    "Active duty" means active duty pursuant to an executive
11order of the President of the United States, an act of the
12Congress of the United States, or an order of the Governor.
13    "Service member" means a member of the Armed Services or
14reserve forces of the United States or a member of the Illinois
15National Guard.
16    (k) A private carrier employer of a school bus driver
17permit holder, having satisfied the employer requirements of
18this Section, shall be held to a standard of ordinary care for
19intentional acts committed in the course of employment by the
20bus driver permit holder. This subsection (k) shall in no way
21limit the liability of the private carrier employer for
22violation of any provision of this Section or for the negligent
23hiring or retention of a school bus driver permit holder.
24(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
25    (625 ILCS 5/6-206)

 

 

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1    (Text of Section before amendment by P.A. 101-90 and
2101-470)
3    Sec. 6-206. Discretionary authority to suspend or revoke
4license or permit; right to a hearing.
5    (a) The Secretary of State is authorized to suspend or
6revoke the driving privileges of any person without preliminary
7hearing upon a showing of the person's records or other
8sufficient evidence that the person:
9        1. Has committed an offense for which mandatory
10    revocation of a driver's license or permit is required upon
11    conviction;
12        2. Has been convicted of not less than 3 offenses
13    against traffic regulations governing the movement of
14    vehicles committed within any 12 month period. No
15    revocation or suspension shall be entered more than 6
16    months after the date of last conviction;
17        3. Has been repeatedly involved as a driver in motor
18    vehicle collisions or has been repeatedly convicted of
19    offenses against laws and ordinances regulating the
20    movement of traffic, to a degree that indicates lack of
21    ability to exercise ordinary and reasonable care in the
22    safe operation of a motor vehicle or disrespect for the
23    traffic laws and the safety of other persons upon the
24    highway;
25        4. Has by the unlawful operation of a motor vehicle
26    caused or contributed to an accident resulting in injury

 

 

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1    requiring immediate professional treatment in a medical
2    facility or doctor's office to any person, except that any
3    suspension or revocation imposed by the Secretary of State
4    under the provisions of this subsection shall start no
5    later than 6 months after being convicted of violating a
6    law or ordinance regulating the movement of traffic, which
7    violation is related to the accident, or shall start not
8    more than one year after the date of the accident,
9    whichever date occurs later;
10        5. Has permitted an unlawful or fraudulent use of a
11    driver's license, identification card, or permit;
12        6. Has been lawfully convicted of an offense or
13    offenses in another state, including the authorization
14    contained in Section 6-203.1, which if committed within
15    this State would be grounds for suspension or revocation;
16        7. Has refused or failed to submit to an examination
17    provided for by Section 6-207 or has failed to pass the
18    examination;
19        8. Is ineligible for a driver's license or permit under
20    the provisions of Section 6-103;
21        9. Has made a false statement or knowingly concealed a
22    material fact or has used false information or
23    identification in any application for a license,
24    identification card, or permit;
25        10. Has possessed, displayed, or attempted to
26    fraudulently use any license, identification card, or

 

 

SB2752- 25 -LRB101 15007 LNS 65697 b

1    permit not issued to the person;
2        11. Has operated a motor vehicle upon a highway of this
3    State when the person's driving privilege or privilege to
4    obtain a driver's license or permit was revoked or
5    suspended unless the operation was authorized by a
6    monitoring device driving permit, judicial driving permit
7    issued prior to January 1, 2009, probationary license to
8    drive, or a restricted driving permit issued under this
9    Code;
10        12. Has submitted to any portion of the application
11    process for another person or has obtained the services of
12    another person to submit to any portion of the application
13    process for the purpose of obtaining a license,
14    identification card, or permit for some other person;
15        13. Has operated a motor vehicle upon a highway of this
16    State when the person's driver's license or permit was
17    invalid under the provisions of Sections 6-107.1 and 6-110;
18        14. Has committed a violation of Section 6-301,
19    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
20    14B of the Illinois Identification Card Act;
21        15. Has been convicted of violating Section 21-2 of the
22    Criminal Code of 1961 or the Criminal Code of 2012 relating
23    to criminal trespass to vehicles in which case, the
24    suspension shall be for one year;
25        16. Has been convicted of violating Section 11-204 of
26    this Code relating to fleeing from a peace officer;

 

 

SB2752- 26 -LRB101 15007 LNS 65697 b

1        17. Has refused to submit to a test, or tests, as
2    required under Section 11-501.1 of this Code and the person
3    has not sought a hearing as provided for in Section
4    11-501.1;
5        18. Has, since issuance of a driver's license or
6    permit, been adjudged to be afflicted with or suffering
7    from any mental disability or disease;
8        19. Has committed a violation of paragraph (a) or (b)
9    of Section 6-101 relating to driving without a driver's
10    license;
11        20. Has been convicted of violating Section 6-104
12    relating to classification of driver's license;
13        21. Has been convicted of violating Section 11-402 of
14    this Code relating to leaving the scene of an accident
15    resulting in damage to a vehicle in excess of $1,000, in
16    which case the suspension shall be for one year;
17        22. Has used a motor vehicle in violating paragraph
18    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
19    the Criminal Code of 1961 or the Criminal Code of 2012
20    relating to unlawful use of weapons, in which case the
21    suspension shall be for one year;
22        23. Has, as a driver, been convicted of committing a
23    violation of paragraph (a) of Section 11-502 of this Code
24    for a second or subsequent time within one year of a
25    similar violation;
26        24. Has been convicted by a court-martial or punished

 

 

SB2752- 27 -LRB101 15007 LNS 65697 b

1    by non-judicial punishment by military authorities of the
2    United States at a military installation in Illinois or in
3    another state of or for a traffic related offense that is
4    the same as or similar to an offense specified under
5    Section 6-205 or 6-206 of this Code;
6        25. Has permitted any form of identification to be used
7    by another in the application process in order to obtain or
8    attempt to obtain a license, identification card, or
9    permit;
10        26. Has altered or attempted to alter a license or has
11    possessed an altered license, identification card, or
12    permit;
13        27. Has violated Section 6-16 of the Liquor Control Act
14    of 1934;
15        28. Has been convicted for a first time of the illegal
16    possession, while operating or in actual physical control,
17    as a driver, of a motor vehicle, of any controlled
18    substance prohibited under the Illinois Controlled
19    Substances Act, any cannabis prohibited under the Cannabis
20    Control Act, or any methamphetamine prohibited under the
21    Methamphetamine Control and Community Protection Act, in
22    which case the person's driving privileges shall be
23    suspended for one year. Any defendant found guilty of this
24    offense while operating a motor vehicle, shall have an
25    entry made in the court record by the presiding judge that
26    this offense did occur while the defendant was operating a

 

 

SB2752- 28 -LRB101 15007 LNS 65697 b

1    motor vehicle and order the clerk of the court to report
2    the violation to the Secretary of State;
3        29. Has been convicted of the following offenses that
4    were committed while the person was operating or in actual
5    physical control, as a driver, of a motor vehicle: criminal
6    sexual assault, predatory criminal sexual assault of a
7    child, aggravated criminal sexual assault, criminal sexual
8    abuse, aggravated criminal sexual abuse, juvenile pimping,
9    soliciting for a juvenile prostitute, promoting juvenile
10    prostitution as described in subdivision (a)(1), (a)(2),
11    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
12    or the Criminal Code of 2012, and the manufacture, sale or
13    delivery of controlled substances or instruments used for
14    illegal drug use or abuse in which case the driver's
15    driving privileges shall be suspended for one year;
16        30. Has been convicted a second or subsequent time for
17    any combination of the offenses named in paragraph 29 of
18    this subsection, in which case the person's driving
19    privileges shall be suspended for 5 years;
20        31. Has refused to submit to a test as required by
21    Section 11-501.6 of this Code or Section 5-16c of the Boat
22    Registration and Safety Act or has submitted to a test
23    resulting in an alcohol concentration of 0.08 or more or
24    any amount of a drug, substance, or compound resulting from
25    the unlawful use or consumption of cannabis as listed in
26    the Cannabis Control Act, a controlled substance as listed

 

 

SB2752- 29 -LRB101 15007 LNS 65697 b

1    in the Illinois Controlled Substances Act, an intoxicating
2    compound as listed in the Use of Intoxicating Compounds
3    Act, or methamphetamine as listed in the Methamphetamine
4    Control and Community Protection Act, in which case the
5    penalty shall be as prescribed in Section 6-208.1;
6        32. Has been convicted of Section 24-1.2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 relating
8    to the aggravated discharge of a firearm if the offender
9    was located in a motor vehicle at the time the firearm was
10    discharged, in which case the suspension shall be for 3
11    years;
12        33. Has as a driver, who was less than 21 years of age
13    on the date of the offense, been convicted a first time of
14    a violation of paragraph (a) of Section 11-502 of this Code
15    or a similar provision of a local ordinance;
16        34. Has committed a violation of Section 11-1301.5 of
17    this Code or a similar provision of a local ordinance;
18        35. Has committed a violation of Section 11-1301.6 of
19    this Code or a similar provision of a local ordinance;
20        36. Is under the age of 21 years at the time of arrest
21    and has been convicted of not less than 2 offenses against
22    traffic regulations governing the movement of vehicles
23    committed within any 24 month period. No revocation or
24    suspension shall be entered more than 6 months after the
25    date of last conviction;
26        37. Has committed a violation of subsection (c) of

 

 

SB2752- 30 -LRB101 15007 LNS 65697 b

1    Section 11-907 of this Code that resulted in damage to the
2    property of another or the death or injury of another;
3        38. Has been convicted of a violation of Section 6-20
4    of the Liquor Control Act of 1934 or a similar provision of
5    a local ordinance;
6        39. Has committed a second or subsequent violation of
7    Section 11-1201 of this Code;
8        40. Has committed a violation of subsection (a-1) of
9    Section 11-908 of this Code;
10        41. Has committed a second or subsequent violation of
11    Section 11-605.1 of this Code, a similar provision of a
12    local ordinance, or a similar violation in any other state
13    within 2 years of the date of the previous violation, in
14    which case the suspension shall be for 90 days;
15        42. Has committed a violation of subsection (a-1) of
16    Section 11-1301.3 of this Code or a similar provision of a
17    local ordinance;
18        43. Has received a disposition of court supervision for
19    a violation of subsection (a), (d), or (e) of Section 6-20
20    of the Liquor Control Act of 1934 or a similar provision of
21    a local ordinance, in which case the suspension shall be
22    for a period of 3 months;
23        44. Is under the age of 21 years at the time of arrest
24    and has been convicted of an offense against traffic
25    regulations governing the movement of vehicles after
26    having previously had his or her driving privileges

 

 

SB2752- 31 -LRB101 15007 LNS 65697 b

1    suspended or revoked pursuant to subparagraph 36 of this
2    Section;
3        45. Has, in connection with or during the course of a
4    formal hearing conducted under Section 2-118 of this Code:
5    (i) committed perjury; (ii) submitted fraudulent or
6    falsified documents; (iii) submitted documents that have
7    been materially altered; or (iv) submitted, as his or her
8    own, documents that were in fact prepared or composed for
9    another person;
10        46. Has committed a violation of subsection (j) of
11    Section 3-413 of this Code;
12        47. Has committed a violation of Section 11-502.1 of
13    this Code; or
14        48. Has submitted a falsified or altered medical
15    examiner's certificate to the Secretary of State or
16    provided false information to obtain a medical examiner's
17    certificate.
18    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
19and 27 of this subsection, license means any driver's license,
20any traffic ticket issued when the person's driver's license is
21deposited in lieu of bail, a suspension notice issued by the
22Secretary of State, a duplicate or corrected driver's license,
23a probationary driver's license or a temporary driver's
24license.
25    (b) If any conviction forming the basis of a suspension or
26revocation authorized under this Section is appealed, the

 

 

SB2752- 32 -LRB101 15007 LNS 65697 b

1Secretary of State may rescind or withhold the entry of the
2order of suspension or revocation, as the case may be, provided
3that a certified copy of a stay order of a court is filed with
4the Secretary of State. If the conviction is affirmed on
5appeal, the date of the conviction shall relate back to the
6time the original judgment of conviction was entered and the 6
7month limitation prescribed shall not apply.
8    (c) 1. Upon suspending or revoking the driver's license or
9permit of any person as authorized in this Section, the
10Secretary of State shall immediately notify the person in
11writing of the revocation or suspension. The notice to be
12deposited in the United States mail, postage prepaid, to the
13last known address of the person.
14    2. If the Secretary of State suspends the driver's license
15of a person under subsection 2 of paragraph (a) of this
16Section, a person's privilege to operate a vehicle as an
17occupation shall not be suspended, provided an affidavit is
18properly completed, the appropriate fee received, and a permit
19issued prior to the effective date of the suspension, unless 5
20offenses were committed, at least 2 of which occurred while
21operating a commercial vehicle in connection with the driver's
22regular occupation. All other driving privileges shall be
23suspended by the Secretary of State. Any driver prior to
24operating a vehicle for occupational purposes only must submit
25the affidavit on forms to be provided by the Secretary of State
26setting forth the facts of the person's occupation. The

 

 

SB2752- 33 -LRB101 15007 LNS 65697 b

1affidavit shall also state the number of offenses committed
2while operating a vehicle in connection with the driver's
3regular occupation. The affidavit shall be accompanied by the
4driver's license. Upon receipt of a properly completed
5affidavit, the Secretary of State shall issue the driver a
6permit to operate a vehicle in connection with the driver's
7regular occupation only. Unless the permit is issued by the
8Secretary of State prior to the date of suspension, the
9privilege to drive any motor vehicle shall be suspended as set
10forth in the notice that was mailed under this Section. If an
11affidavit is received subsequent to the effective date of this
12suspension, a permit may be issued for the remainder of the
13suspension period.
14    The provisions of this subparagraph shall not apply to any
15driver required to possess a CDL for the purpose of operating a
16commercial motor vehicle.
17    Any person who falsely states any fact in the affidavit
18required herein shall be guilty of perjury under Section 6-302
19and upon conviction thereof shall have all driving privileges
20revoked without further rights.
21    3. At the conclusion of a hearing under Section 2-118 of
22this Code, the Secretary of State shall either rescind or
23continue an order of revocation or shall substitute an order of
24suspension; or, good cause appearing therefor, rescind,
25continue, change, or extend the order of suspension. If the
26Secretary of State does not rescind the order, the Secretary

 

 

SB2752- 34 -LRB101 15007 LNS 65697 b

1may upon application, to relieve undue hardship (as defined by
2the rules of the Secretary of State), issue a restricted
3driving permit granting the privilege of driving a motor
4vehicle between the petitioner's residence and petitioner's
5place of employment or within the scope of the petitioner's
6employment related duties, or to allow the petitioner to
7transport himself or herself, or a family member of the
8petitioner's household to a medical facility, to receive
9necessary medical care, to allow the petitioner to transport
10himself or herself to and from alcohol or drug remedial or
11rehabilitative activity recommended by a licensed service
12provider, or to allow the petitioner to transport himself or
13herself or a family member of the petitioner's household to
14classes, as a student, at an accredited educational
15institution, or to allow the petitioner to transport children,
16elderly persons, or persons with disabilities who do not hold
17driving privileges and are living in the petitioner's household
18to and from daycare. The petitioner must demonstrate that no
19alternative means of transportation is reasonably available
20and that the petitioner will not endanger the public safety or
21welfare.
22        (A) If a person's license or permit is revoked or
23    suspended due to 2 or more convictions of violating Section
24    11-501 of this Code or a similar provision of a local
25    ordinance or a similar out-of-state offense, or Section 9-3
26    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

SB2752- 35 -LRB101 15007 LNS 65697 b

1    where the use of alcohol or other drugs is recited as an
2    element of the offense, or a similar out-of-state offense,
3    or a combination of these offenses, arising out of separate
4    occurrences, that person, if issued a restricted driving
5    permit, may not operate a vehicle unless it has been
6    equipped with an ignition interlock device as defined in
7    Section 1-129.1.
8        (B) If a person's license or permit is revoked or
9    suspended 2 or more times due to any combination of:
10            (i) a single conviction of violating Section
11        11-501 of this Code or a similar provision of a local
12        ordinance or a similar out-of-state offense or Section
13        9-3 of the Criminal Code of 1961 or the Criminal Code
14        of 2012, where the use of alcohol or other drugs is
15        recited as an element of the offense, or a similar
16        out-of-state offense; or
17            (ii) a statutory summary suspension or revocation
18        under Section 11-501.1; or
19            (iii) a suspension under Section 6-203.1;
20    arising out of separate occurrences; that person, if issued
21    a restricted driving permit, may not operate a vehicle
22    unless it has been equipped with an ignition interlock
23    device as defined in Section 1-129.1.
24        (B-5) If a person's license or permit is revoked or
25    suspended due to a conviction for a violation of
26    subparagraph (C) or (F) of paragraph (1) of subsection (d)

 

 

SB2752- 36 -LRB101 15007 LNS 65697 b

1    of Section 11-501 of this Code, or a similar provision of a
2    local ordinance or similar out-of-state offense, that
3    person, if issued a restricted driving permit, may not
4    operate a vehicle unless it has been equipped with an
5    ignition interlock device as defined in Section 1-129.1.
6        (C) The person issued a permit conditioned upon the use
7    of an ignition interlock device must pay to the Secretary
8    of State DUI Administration Fund an amount not to exceed
9    $30 per month. The Secretary shall establish by rule the
10    amount and the procedures, terms, and conditions relating
11    to these fees.
12        (D) If the restricted driving permit is issued for
13    employment purposes, then the prohibition against
14    operating a motor vehicle that is not equipped with an
15    ignition interlock device does not apply to the operation
16    of an occupational vehicle owned or leased by that person's
17    employer when used solely for employment purposes. For any
18    person who, within a 5-year period, is convicted of a
19    second or subsequent offense under Section 11-501 of this
20    Code, or a similar provision of a local ordinance or
21    similar out-of-state offense, this employment exemption
22    does not apply until either a one-year period has elapsed
23    during which that person had his or her driving privileges
24    revoked or a one-year period has elapsed during which that
25    person had a restricted driving permit which required the
26    use of an ignition interlock device on every motor vehicle

 

 

SB2752- 37 -LRB101 15007 LNS 65697 b

1    owned or operated by that person.
2        (E) In each case the Secretary may issue a restricted
3    driving permit for a period deemed appropriate, except that
4    all permits shall expire no later than 2 years from the
5    date of issuance. A restricted driving permit issued under
6    this Section shall be subject to cancellation, revocation,
7    and suspension by the Secretary of State in like manner and
8    for like cause as a driver's license issued under this Code
9    may be cancelled, revoked, or suspended; except that a
10    conviction upon one or more offenses against laws or
11    ordinances regulating the movement of traffic shall be
12    deemed sufficient cause for the revocation, suspension, or
13    cancellation of a restricted driving permit. The Secretary
14    of State may, as a condition to the issuance of a
15    restricted driving permit, require the applicant to
16    participate in a designated driver remedial or
17    rehabilitative program. The Secretary of State is
18    authorized to cancel a restricted driving permit if the
19    permit holder does not successfully complete the program.
20        (F) A person subject to the provisions of paragraph 4
21    of subsection (b) of Section 6-208 of this Code may make
22    application for a restricted driving permit at a hearing
23    conducted under Section 2-118 of this Code after the
24    expiration of 5 years from the effective date of the most
25    recent revocation or after 5 years from the date of release
26    from a period of imprisonment resulting from a conviction

 

 

SB2752- 38 -LRB101 15007 LNS 65697 b

1    of the most recent offense, whichever is later, provided
2    the person, in addition to all other requirements of the
3    Secretary, shows by clear and convincing evidence:
4            (i) a minimum of 3 years of uninterrupted
5        abstinence from alcohol and the unlawful use or
6        consumption of cannabis under the Cannabis Control
7        Act, a controlled substance under the Illinois
8        Controlled Substances Act, an intoxicating compound
9        under the Use of Intoxicating Compounds Act, or
10        methamphetamine under the Methamphetamine Control and
11        Community Protection Act; and
12            (ii) the successful completion of any
13        rehabilitative treatment and involvement in any
14        ongoing rehabilitative activity that may be
15        recommended by a properly licensed service provider
16        according to an assessment of the person's alcohol or
17        drug use under Section 11-501.01 of this Code.
18        In determining whether an applicant is eligible for a
19    restricted driving permit under this subparagraph (F), the
20    Secretary may consider any relevant evidence, including,
21    but not limited to, testimony, affidavits, records, and the
22    results of regular alcohol or drug tests. Persons subject
23    to the provisions of paragraph 4 of subsection (b) of
24    Section 6-208 of this Code and who have been convicted of
25    more than one violation of paragraph (3), paragraph (4), or
26    paragraph (5) of subsection (a) of Section 11-501 of this

 

 

SB2752- 39 -LRB101 15007 LNS 65697 b

1    Code shall not be eligible to apply for a restricted
2    driving permit under this subparagraph (F).
3        A restricted driving permit issued under this
4    subparagraph (F) shall provide that the holder may only
5    operate motor vehicles equipped with an ignition interlock
6    device as required under paragraph (2) of subsection (c) of
7    Section 6-205 of this Code and subparagraph (A) of
8    paragraph 3 of subsection (c) of this Section. The
9    Secretary may revoke a restricted driving permit or amend
10    the conditions of a restricted driving permit issued under
11    this subparagraph (F) if the holder operates a vehicle that
12    is not equipped with an ignition interlock device, or for
13    any other reason authorized under this Code.
14        A restricted driving permit issued under this
15    subparagraph (F) shall be revoked, and the holder barred
16    from applying for or being issued a restricted driving
17    permit in the future, if the holder is convicted of a
18    violation of Section 11-501 of this Code, a similar
19    provision of a local ordinance, or a similar offense in
20    another state.
21    (c-3) In the case of a suspension under paragraph 43 of
22subsection (a), reports received by the Secretary of State
23under this Section shall, except during the actual time the
24suspension is in effect, be privileged information and for use
25only by the courts, police officers, prosecuting authorities,
26the driver licensing administrator of any other state, the

 

 

SB2752- 40 -LRB101 15007 LNS 65697 b

1Secretary of State, or the parent or legal guardian of a driver
2under the age of 18. However, beginning January 1, 2008, if the
3person is a CDL holder, the suspension shall also be made
4available to the driver licensing administrator of any other
5state, the U.S. Department of Transportation, and the affected
6driver or motor carrier or prospective motor carrier upon
7request.
8    (c-4) In the case of a suspension under paragraph 43 of
9subsection (a), the Secretary of State shall notify the person
10by mail that his or her driving privileges and driver's license
11will be suspended one month after the date of the mailing of
12the notice.
13    (c-5) The Secretary of State may, as a condition of the
14reissuance of a driver's license or permit to an applicant
15whose driver's license or permit has been suspended before he
16or she reached the age of 21 years pursuant to any of the
17provisions of this Section, require the applicant to
18participate in a driver remedial education course and be
19retested under Section 6-109 of this Code.
20    (d) This Section is subject to the provisions of the
21Drivers License Compact.
22    (e) The Secretary of State shall not issue a restricted
23driving permit to a person under the age of 16 years whose
24driving privileges have been suspended or revoked under any
25provisions of this Code.
26    (f) In accordance with 49 C.F.R. 384, the Secretary of

 

 

SB2752- 41 -LRB101 15007 LNS 65697 b

1State may not issue a restricted driving permit for the
2operation of a commercial motor vehicle to a person holding a
3CDL whose driving privileges have been suspended, revoked,
4cancelled, or disqualified under any provisions of this Code.
5(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
699-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
799-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
8    (Text of Section after amendment by P.A. 101-90 and
9101-470)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without preliminary
14hearing upon a showing of the person's records or other
15sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required upon
18    conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12 month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

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1    offenses against laws and ordinances regulating the
2    movement of traffic, to a degree that indicates lack of
3    ability to exercise ordinary and reasonable care in the
4    safe operation of a motor vehicle or disrespect for the
5    traffic laws and the safety of other persons upon the
6    highway;
7        4. Has by the unlawful operation of a motor vehicle
8    caused or contributed to an accident resulting in injury
9    requiring immediate professional treatment in a medical
10    facility or doctor's office to any person, except that any
11    suspension or revocation imposed by the Secretary of State
12    under the provisions of this subsection shall start no
13    later than 6 months after being convicted of violating a
14    law or ordinance regulating the movement of traffic, which
15    violation is related to the accident, or shall start not
16    more than one year after the date of the accident,
17    whichever date occurs later;
18        5. Has permitted an unlawful or fraudulent use of a
19    driver's license, identification card, or permit;
20        6. Has been lawfully convicted of an offense or
21    offenses in another state, including the authorization
22    contained in Section 6-203.1, which if committed within
23    this State would be grounds for suspension or revocation;
24        7. Has refused or failed to submit to an examination
25    provided for by Section 6-207 or has failed to pass the
26    examination;

 

 

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1        8. Is ineligible for a driver's license or permit under
2    the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of this
11    State when the person's driving privilege or privilege to
12    obtain a driver's license or permit was revoked or
13    suspended unless the operation was authorized by a
14    monitoring device driving permit, judicial driving permit
15    issued prior to January 1, 2009, probationary license to
16    drive, or a restricted driving permit issued under this
17    Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of this
24    State when the person's driver's license or permit was
25    invalid under the provisions of Sections 6-107.1 and 6-110;
26        14. Has committed a violation of Section 6-301,

 

 

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1    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
2    14B of the Illinois Identification Card Act;
3        15. Has been convicted of violating Section 21-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 relating
5    to criminal trespass to vehicles in which case, the
6    suspension shall be for one year;
7        16. Has been convicted of violating Section 11-204 of
8    this Code relating to fleeing from a peace officer;
9        17. Has refused to submit to a test, or tests, as
10    required under Section 11-501.1 of this Code and the person
11    has not sought a hearing as provided for in Section
12    11-501.1;
13        18. Has, since issuance of a driver's license or
14    permit, been adjudged to be afflicted with or suffering
15    from any mental disability or disease;
16        19. Has committed a violation of paragraph (a) or (b)
17    of Section 6-101 relating to driving without a driver's
18    license;
19        20. Has been convicted of violating Section 6-104
20    relating to classification of driver's license;
21        21. Has been convicted of violating Section 11-402 of
22    this Code relating to leaving the scene of an accident
23    resulting in damage to a vehicle in excess of $1,000, in
24    which case the suspension shall be for one year;
25        22. Has used a motor vehicle in violating paragraph
26    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to unlawful use of weapons, in which case the
3    suspension shall be for one year;
4        23. Has, as a driver, been convicted of committing a
5    violation of paragraph (a) of Section 11-502 of this Code
6    for a second or subsequent time within one year of a
7    similar violation;
8        24. Has been convicted by a court-martial or punished
9    by non-judicial punishment by military authorities of the
10    United States at a military installation in Illinois or in
11    another state of or for a traffic related offense that is
12    the same as or similar to an offense specified under
13    Section 6-205 or 6-206 of this Code;
14        25. Has permitted any form of identification to be used
15    by another in the application process in order to obtain or
16    attempt to obtain a license, identification card, or
17    permit;
18        26. Has altered or attempted to alter a license or has
19    possessed an altered license, identification card, or
20    permit;
21        27. Has violated Section 6-16 of the Liquor Control Act
22    of 1934;
23        28. Has been convicted for a first time of the illegal
24    possession, while operating or in actual physical control,
25    as a driver, of a motor vehicle, of any controlled
26    substance prohibited under the Illinois Controlled

 

 

SB2752- 46 -LRB101 15007 LNS 65697 b

1    Substances Act, any cannabis prohibited under the Cannabis
2    Control Act, or any methamphetamine prohibited under the
3    Methamphetamine Control and Community Protection Act, in
4    which case the person's driving privileges shall be
5    suspended for one year. Any defendant found guilty of this
6    offense while operating a motor vehicle, shall have an
7    entry made in the court record by the presiding judge that
8    this offense did occur while the defendant was operating a
9    motor vehicle and order the clerk of the court to report
10    the violation to the Secretary of State;
11        29. Has been convicted of the following offenses that
12    were committed while the person was operating or in actual
13    physical control, as a driver, of a motor vehicle: criminal
14    sexual assault, predatory criminal sexual assault of a
15    child, aggravated criminal sexual assault, criminal sexual
16    abuse, aggravated criminal sexual abuse, juvenile pimping,
17    soliciting for a juvenile prostitute, promoting juvenile
18    prostitution as described in subdivision (a)(1), (a)(2),
19    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
20    or the Criminal Code of 2012, and the manufacture, sale or
21    delivery of controlled substances or instruments used for
22    illegal drug use or abuse in which case the driver's
23    driving privileges shall be suspended for one year;
24        30. Has been convicted a second or subsequent time for
25    any combination of the offenses named in paragraph 29 of
26    this subsection, in which case the person's driving

 

 

SB2752- 47 -LRB101 15007 LNS 65697 b

1    privileges shall be suspended for 5 years;
2        31. Has refused to submit to a test as required by
3    Section 11-501.6 of this Code or Section 5-16c of the Boat
4    Registration and Safety Act or has submitted to a test
5    resulting in an alcohol concentration of 0.08 or more or
6    any amount of a drug, substance, or compound resulting from
7    the unlawful use or consumption of cannabis as listed in
8    the Cannabis Control Act, a controlled substance as listed
9    in the Illinois Controlled Substances Act, an intoxicating
10    compound as listed in the Use of Intoxicating Compounds
11    Act, or methamphetamine as listed in the Methamphetamine
12    Control and Community Protection Act, in which case the
13    penalty shall be as prescribed in Section 6-208.1;
14        32. Has been convicted of Section 24-1.2 of the
15    Criminal Code of 1961 or the Criminal Code of 2012 relating
16    to the aggravated discharge of a firearm if the offender
17    was located in a motor vehicle at the time the firearm was
18    discharged, in which case the suspension shall be for 3
19    years;
20        33. Has as a driver, who was less than 21 years of age
21    on the date of the offense, been convicted a first time of
22    a violation of paragraph (a) of Section 11-502 of this Code
23    or a similar provision of a local ordinance;
24        34. Has committed a violation of Section 11-1301.5 of
25    this Code or a similar provision of a local ordinance;
26        35. Has committed a violation of Section 11-1301.6 of

 

 

SB2752- 48 -LRB101 15007 LNS 65697 b

1    this Code or a similar provision of a local ordinance;
2        36. Is under the age of 21 years at the time of arrest
3    and has been convicted of not less than 2 offenses against
4    traffic regulations governing the movement of vehicles
5    committed within any 24 month period. No revocation or
6    suspension shall be entered more than 6 months after the
7    date of last conviction;
8        37. Has committed a violation of subsection (c) of
9    Section 11-907 of this Code that resulted in damage to the
10    property of another or the death or injury of another;
11        38. Has been convicted of a violation of Section 6-20
12    of the Liquor Control Act of 1934 or a similar provision of
13    a local ordinance;
14        39. Has committed a second or subsequent violation of
15    Section 11-1201 of this Code;
16        40. Has committed a violation of subsection (a-1) of
17    Section 11-908 of this Code;
18        41. Has committed a second or subsequent violation of
19    Section 11-605.1 of this Code, a similar provision of a
20    local ordinance, or a similar violation in any other state
21    within 2 years of the date of the previous violation, in
22    which case the suspension shall be for 90 days;
23        42. Has committed a violation of subsection (a-1) of
24    Section 11-1301.3 of this Code or a similar provision of a
25    local ordinance;
26        43. Has received a disposition of court supervision for

 

 

SB2752- 49 -LRB101 15007 LNS 65697 b

1    a violation of subsection (a), (d), or (e) of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance, in which case the suspension shall be
4    for a period of 3 months;
5        44. Is under the age of 21 years at the time of arrest
6    and has been convicted of an offense against traffic
7    regulations governing the movement of vehicles after
8    having previously had his or her driving privileges
9    suspended or revoked pursuant to subparagraph 36 of this
10    Section;
11        45. Has, in connection with or during the course of a
12    formal hearing conducted under Section 2-118 of this Code:
13    (i) committed perjury; (ii) submitted fraudulent or
14    falsified documents; (iii) submitted documents that have
15    been materially altered; or (iv) submitted, as his or her
16    own, documents that were in fact prepared or composed for
17    another person;
18        46. Has committed a violation of subsection (j) of
19    Section 3-413 of this Code;
20        47. Has committed a violation of Section 11-502.1 of
21    this Code;
22        48. Has submitted a falsified or altered medical
23    examiner's certificate to the Secretary of State or
24    provided false information to obtain a medical examiner's
25    certificate; or
26        49. Has been convicted of a violation of Section

 

 

SB2752- 50 -LRB101 15007 LNS 65697 b

1    11-1002 or 11-1002.5 that resulted in a Type A injury to
2    another, in which case the driving privileges of the person
3    shall be suspended for 12 months; or
4        50. Has committed a violation of subsection (b-5) of
5    Section 12-610.2 that resulted in great bodily harm,
6    permanent disability, or disfigurement, in which case the
7    driving privileges of the person shall be suspended for 12
8    months.
9        49. Has committed a violation of subsection (b-5) of
10    Section 12-610.2 that resulted in great bodily harm,
11    permanent disability, or disfigurement, in which case the
12    driving privileges shall be suspended for 12 months.
13        49. Has been convicted of a violation of Section
14    11-1002 or 11-1002.5 that resulted in a Type A injury to
15    another, in which case the person's driving privileges
16    shall be suspended for 12 months.
17    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18and 27 of this subsection, license means any driver's license,
19any traffic ticket issued when the person's driver's license is
20deposited in lieu of bail, a suspension notice issued by the
21Secretary of State, a duplicate or corrected driver's license,
22a probationary driver's license or a temporary driver's
23license.
24    (b) If any conviction forming the basis of a suspension or
25revocation authorized under this Section is appealed, the
26Secretary of State may rescind or withhold the entry of the

 

 

SB2752- 51 -LRB101 15007 LNS 65697 b

1order of suspension or revocation, as the case may be, provided
2that a certified copy of a stay order of a court is filed with
3the Secretary of State. If the conviction is affirmed on
4appeal, the date of the conviction shall relate back to the
5time the original judgment of conviction was entered and the 6
6month limitation prescribed shall not apply.
7    (c) 1. Upon suspending or revoking the driver's license or
8permit of any person as authorized in this Section, the
9Secretary of State shall immediately notify the person in
10writing of the revocation or suspension. The notice to be
11deposited in the United States mail, postage prepaid, to the
12last known address of the person.
13    2. If the Secretary of State suspends the driver's license
14of a person under subsection 2 of paragraph (a) of this
15Section, a person's privilege to operate a vehicle as an
16occupation shall not be suspended, provided an affidavit is
17properly completed, the appropriate fee received, and a permit
18issued prior to the effective date of the suspension, unless 5
19offenses were committed, at least 2 of which occurred while
20operating a commercial vehicle in connection with the driver's
21regular occupation. All other driving privileges shall be
22suspended by the Secretary of State. Any driver prior to
23operating a vehicle for occupational purposes only must submit
24the affidavit on forms to be provided by the Secretary of State
25setting forth the facts of the person's occupation. The
26affidavit shall also state the number of offenses committed

 

 

SB2752- 52 -LRB101 15007 LNS 65697 b

1while operating a vehicle in connection with the driver's
2regular occupation. The affidavit shall be accompanied by the
3driver's license. Upon receipt of a properly completed
4affidavit, the Secretary of State shall issue the driver a
5permit to operate a vehicle in connection with the driver's
6regular occupation only. Unless the permit is issued by the
7Secretary of State prior to the date of suspension, the
8privilege to drive any motor vehicle shall be suspended as set
9forth in the notice that was mailed under this Section. If an
10affidavit is received subsequent to the effective date of this
11suspension, a permit may be issued for the remainder of the
12suspension period.
13    The provisions of this subparagraph shall not apply to any
14driver required to possess a CDL for the purpose of operating a
15commercial motor vehicle.
16    Any person who falsely states any fact in the affidavit
17required herein shall be guilty of perjury under Section 6-302
18and upon conviction thereof shall have all driving privileges
19revoked without further rights.
20    3. At the conclusion of a hearing under Section 2-118 of
21this Code, the Secretary of State shall either rescind or
22continue an order of revocation or shall substitute an order of
23suspension; or, good cause appearing therefor, rescind,
24continue, change, or extend the order of suspension. If the
25Secretary of State does not rescind the order, the Secretary
26may upon application, to relieve undue hardship (as defined by

 

 

SB2752- 53 -LRB101 15007 LNS 65697 b

1the rules of the Secretary of State), issue a restricted
2driving permit granting the privilege of driving a motor
3vehicle between the petitioner's residence and petitioner's
4place of employment or within the scope of the petitioner's
5employment related duties, or to allow the petitioner to
6transport himself or herself, or a family member of the
7petitioner's household to a medical facility, to receive
8necessary medical care, to allow the petitioner to transport
9himself or herself to and from alcohol or drug remedial or
10rehabilitative activity recommended by a licensed service
11provider, or to allow the petitioner to transport himself or
12herself or a family member of the petitioner's household to
13classes, as a student, at an accredited educational
14institution, or to allow the petitioner to transport children,
15elderly persons, or persons with disabilities who do not hold
16driving privileges and are living in the petitioner's household
17to and from daycare. The petitioner must demonstrate that no
18alternative means of transportation is reasonably available
19and that the petitioner will not endanger the public safety or
20welfare.
21        (A) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance or a similar out-of-state offense, or Section 9-3
25    of the Criminal Code of 1961 or the Criminal Code of 2012,
26    where the use of alcohol or other drugs is recited as an

 

 

SB2752- 54 -LRB101 15007 LNS 65697 b

1    element of the offense, or a similar out-of-state offense,
2    or a combination of these offenses, arising out of separate
3    occurrences, that person, if issued a restricted driving
4    permit, may not operate a vehicle unless it has been
5    equipped with an ignition interlock device as defined in
6    Section 1-129.1.
7        (B) If a person's license or permit is revoked or
8    suspended 2 or more times due to any combination of:
9            (i) a single conviction of violating Section
10        11-501 of this Code or a similar provision of a local
11        ordinance or a similar out-of-state offense or Section
12        9-3 of the Criminal Code of 1961 or the Criminal Code
13        of 2012, where the use of alcohol or other drugs is
14        recited as an element of the offense, or a similar
15        out-of-state offense; or
16            (ii) a statutory summary suspension or revocation
17        under Section 11-501.1; or
18            (iii) a suspension under Section 6-203.1;
19    arising out of separate occurrences; that person, if issued
20    a restricted driving permit, may not operate a vehicle
21    unless it has been equipped with an ignition interlock
22    device as defined in Section 1-129.1.
23        (B-5) If a person's license or permit is revoked or
24    suspended due to a conviction for a violation of
25    subparagraph (C) or (F) of paragraph (1) of subsection (d)
26    of Section 11-501 of this Code, or a similar provision of a

 

 

SB2752- 55 -LRB101 15007 LNS 65697 b

1    local ordinance or similar out-of-state offense, that
2    person, if issued a restricted driving permit, may not
3    operate a vehicle unless it has been equipped with an
4    ignition interlock device as defined in Section 1-129.1.
5        (C) The person issued a permit conditioned upon the use
6    of an ignition interlock device must pay to the Secretary
7    of State DUI Administration Fund an amount not to exceed
8    $30 per month. The Secretary shall establish by rule the
9    amount and the procedures, terms, and conditions relating
10    to these fees.
11        (D) If the restricted driving permit is issued for
12    employment purposes, then the prohibition against
13    operating a motor vehicle that is not equipped with an
14    ignition interlock device does not apply to the operation
15    of an occupational vehicle owned or leased by that person's
16    employer when used solely for employment purposes. For any
17    person who, within a 5-year period, is convicted of a
18    second or subsequent offense under Section 11-501 of this
19    Code, or a similar provision of a local ordinance or
20    similar out-of-state offense, this employment exemption
21    does not apply until either a one-year period has elapsed
22    during which that person had his or her driving privileges
23    revoked or a one-year period has elapsed during which that
24    person had a restricted driving permit which required the
25    use of an ignition interlock device on every motor vehicle
26    owned or operated by that person.

 

 

SB2752- 56 -LRB101 15007 LNS 65697 b

1        (E) In each case the Secretary may issue a restricted
2    driving permit for a period deemed appropriate, except that
3    all permits shall expire no later than 2 years from the
4    date of issuance. A restricted driving permit issued under
5    this Section shall be subject to cancellation, revocation,
6    and suspension by the Secretary of State in like manner and
7    for like cause as a driver's license issued under this Code
8    may be cancelled, revoked, or suspended; except that a
9    conviction upon one or more offenses against laws or
10    ordinances regulating the movement of traffic shall be
11    deemed sufficient cause for the revocation, suspension, or
12    cancellation of a restricted driving permit. The Secretary
13    of State may, as a condition to the issuance of a
14    restricted driving permit, require the applicant to
15    participate in a designated driver remedial or
16    rehabilitative program. The Secretary of State is
17    authorized to cancel a restricted driving permit if the
18    permit holder does not successfully complete the program.
19        (F) A person subject to the provisions of paragraph 4
20    of subsection (b) of Section 6-208 of this Code may make
21    application for a restricted driving permit at a hearing
22    conducted under Section 2-118 of this Code after the
23    expiration of 5 years from the effective date of the most
24    recent revocation or after 5 years from the date of release
25    from a period of imprisonment resulting from a conviction
26    of the most recent offense, whichever is later, provided

 

 

SB2752- 57 -LRB101 15007 LNS 65697 b

1    the person, in addition to all other requirements of the
2    Secretary, shows by clear and convincing evidence:
3            (i) a minimum of 3 years of uninterrupted
4        abstinence from alcohol and the unlawful use or
5        consumption of cannabis under the Cannabis Control
6        Act, a controlled substance under the Illinois
7        Controlled Substances Act, an intoxicating compound
8        under the Use of Intoxicating Compounds Act, or
9        methamphetamine under the Methamphetamine Control and
10        Community Protection Act; and
11            (ii) the successful completion of any
12        rehabilitative treatment and involvement in any
13        ongoing rehabilitative activity that may be
14        recommended by a properly licensed service provider
15        according to an assessment of the person's alcohol or
16        drug use under Section 11-501.01 of this Code.
17        In determining whether an applicant is eligible for a
18    restricted driving permit under this subparagraph (F), the
19    Secretary may consider any relevant evidence, including,
20    but not limited to, testimony, affidavits, records, and the
21    results of regular alcohol or drug tests. Persons subject
22    to the provisions of paragraph 4 of subsection (b) of
23    Section 6-208 of this Code and who have been convicted of
24    more than one violation of paragraph (3), paragraph (4), or
25    paragraph (5) of subsection (a) of Section 11-501 of this
26    Code shall not be eligible to apply for a restricted

 

 

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1    driving permit under this subparagraph (F).
2        A restricted driving permit issued under this
3    subparagraph (F) shall provide that the holder may only
4    operate motor vehicles equipped with an ignition interlock
5    device as required under paragraph (2) of subsection (c) of
6    Section 6-205 of this Code and subparagraph (A) of
7    paragraph 3 of subsection (c) of this Section. The
8    Secretary may revoke a restricted driving permit or amend
9    the conditions of a restricted driving permit issued under
10    this subparagraph (F) if the holder operates a vehicle that
11    is not equipped with an ignition interlock device, or for
12    any other reason authorized under this Code.
13        A restricted driving permit issued under this
14    subparagraph (F) shall be revoked, and the holder barred
15    from applying for or being issued a restricted driving
16    permit in the future, if the holder is convicted of a
17    violation of Section 11-501 of this Code, a similar
18    provision of a local ordinance, or a similar offense in
19    another state.
20    (c-3) In the case of a suspension under paragraph 43 of
21subsection (a), reports received by the Secretary of State
22under this Section shall, except during the actual time the
23suspension is in effect, be privileged information and for use
24only by the courts, police officers, prosecuting authorities,
25the driver licensing administrator of any other state, the
26Secretary of State, or the parent or legal guardian of a driver

 

 

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1under the age of 18. However, beginning January 1, 2008, if the
2person is a CDL holder, the suspension shall also be made
3available to the driver licensing administrator of any other
4state, the U.S. Department of Transportation, and the affected
5driver or motor carrier or prospective motor carrier upon
6request.
7    (c-4) In the case of a suspension under paragraph 43 of
8subsection (a), the Secretary of State shall notify the person
9by mail that his or her driving privileges and driver's license
10will be suspended one month after the date of the mailing of
11the notice.
12    (c-5) The Secretary of State may, as a condition of the
13reissuance of a driver's license or permit to an applicant
14whose driver's license or permit has been suspended before he
15or she reached the age of 21 years pursuant to any of the
16provisions of this Section, require the applicant to
17participate in a driver remedial education course and be
18retested under Section 6-109 of this Code.
19    (d) This Section is subject to the provisions of the
20Drivers License Compact.
21    (e) The Secretary of State shall not issue a restricted
22driving permit to a person under the age of 16 years whose
23driving privileges have been suspended or revoked under any
24provisions of this Code.
25    (f) In accordance with 49 C.F.R. 384, the Secretary of
26State may not issue a restricted driving permit for the

 

 

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1operation of a commercial motor vehicle to a person holding a
2CDL whose driving privileges have been suspended, revoked,
3cancelled, or disqualified under any provisions of this Code.
4(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
5101-470, eff. 7-1-20; revised 9-23-19.)
 
6    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
7    Sec. 6-508. Commercial Driver's License (CDL) -
8qualification standards.
9    (a) Testing.
10        (1) General. No person shall be issued an original or
11    renewal CDL unless that person is domiciled in this State
12    or is applying for a non-domiciled CDL under Sections 6-509
13    and 6-510 of this Code. The Secretary shall cause to be
14    administered such tests as the Secretary deems necessary to
15    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
16    H, and J.
17        (1.5) Effective July 1, 2014, no person shall be issued
18    an original CDL or an upgraded CDL that requires a skills
19    test unless that person has held a CLP, for a minimum of 14
20    calendar days, for the classification of vehicle and
21    endorsement, if any, for which the person is seeking a CDL.
22        (2) Third party testing. The Secretary of State may
23    authorize a "third party tester", pursuant to 49 C.F.R.
24    383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
25    skills test or tests specified by the Federal Motor Carrier

 

 

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1    Safety Administration pursuant to the Commercial Motor
2    Vehicle Safety Act of 1986 and any appropriate federal
3    rule.
4        (3)(i) Effective February 7, 2020, unless the person is
5    exempted by 49 CFR 380.603, no person shall be issued an
6    original (first time issuance) CDL, an upgraded CDL or a
7    school bus (S), passenger (P), or hazardous Materials (H)
8    endorsement unless the person has successfully completed
9    entry-level driver training (ELDT) taught by a training
10    provider listed on the federal Training Provider Registry.
11        (ii) Persons who obtain a CLP before February 7, 2020
12    are not required to complete ELDT if the person obtains a
13    CDL before the CLP or renewed CLP expires.
14        (iii) Except for persons seeking the H endorsement,
15    persons must complete the theory and behind-the-wheel
16    (range and public road) portions of ELDT within one year of
17    completing the first portion.
18        (iv) The Secretary shall adopt rules to implement this
19    subsection.
20    (b) Waiver of Skills Test. The Secretary of State may waive
21the skills test specified in this Section for a driver
22applicant for a commercial driver license who meets the
23requirements of 49 C.F.R. 383.77. The Secretary of State shall
24waive the skills tests specified in this Section for a driver
25applicant who has military commercial motor vehicle
26experience, subject to the requirements of 49 C.F.R. 383.77.

 

 

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1    (b-1) No person shall be issued a CDL unless the person
2certifies to the Secretary one of the following types of
3driving operations in which he or she will be engaged:
4        (1) non-excepted interstate;
5        (2) non-excepted intrastate;
6        (3) excepted interstate; or
7        (4) excepted intrastate.
8    (b-2) (Blank).
9    (c) Limitations on issuance of a CDL. A CDL shall not be
10issued to a person while the person is subject to a
11disqualification from driving a commercial motor vehicle, or
12unless otherwise permitted by this Code, while the person's
13driver's license is suspended, revoked or cancelled in any
14state, or any territory or province of Canada; nor may a CLP or
15CDL be issued to a person who has a CLP or CDL issued by any
16other state, or foreign jurisdiction, nor may a CDL be issued
17to a person who has an Illinois CLP unless the person first
18surrenders all of these licenses or permits. However, a person
19may hold an Illinois CLP and an Illinois CDL providing the CLP
20is necessary to train or practice for an endorsement or vehicle
21classification not present on the current CDL. No CDL shall be
22issued to or renewed for a person who does not meet the
23requirement of 49 CFR 391.41(b)(11). The requirement may be met
24with the aid of a hearing aid.
25    (c-1) The Secretary may issue a CDL with a school bus
26driver endorsement to allow a person to drive the type of bus

 

 

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1described in subsection (d-5) of Section 6-104 of this Code.
2The CDL with a school bus driver endorsement may be issued only
3to a person meeting the following requirements:
4        (1) the person has submitted his or her fingerprints to
5    the Department of State Police in the form and manner
6    prescribed by the Department of State Police. These
7    fingerprints shall be checked against the fingerprint
8    records now and hereafter filed in the Department of State
9    Police and Federal Bureau of Investigation criminal
10    history records databases;
11        (2) the person has passed a written test, administered
12    by the Secretary of State, on charter bus operation,
13    charter bus safety, and certain special traffic laws
14    relating to school buses determined by the Secretary of
15    State to be relevant to charter buses, and submitted to a
16    review of the driver applicant's driving habits by the
17    Secretary of State at the time the written test is given;
18        (3) the person has demonstrated physical fitness to
19    operate school buses by submitting the results of a medical
20    examination, including tests for drug use; and
21        (4) the person has not been convicted of committing or
22    attempting to commit any one or more of the following
23    offenses: (i) those offenses defined in Sections 8-1.2,
24    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
25    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
26    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

 

 

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1    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
2    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
3    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
4    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
5    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
6    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
7    12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4,
8    12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
9    12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20,
10    12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
11    18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
12    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
13    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
14    and in subsection (b) of Section 8-1, and in subdivisions
15    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
16    and (f)(1) of Section 12-3.05, and in subsection (a) and
17    subsection (b), clause (1), of Section 12-4, and in
18    subsection (A), clauses (a) and (b), of Section 24-3, and
19    those offenses contained in Article 29D of the Criminal
20    Code of 1961 or the Criminal Code of 2012; (ii) those
21    offenses defined in the Cannabis Control Act except those
22    offenses defined in subsections (a) and (b) of Section 4,
23    and subsection (a) of Section 5 of the Cannabis Control
24    Act; (iii) those offenses defined in the Illinois
25    Controlled Substances Act; (iv) those offenses defined in
26    the Methamphetamine Control and Community Protection Act;

 

 

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1    (v) any offense committed or attempted in any other state
2    or against the laws of the United States, which if
3    committed or attempted in this State would be punishable as
4    one or more of the foregoing offenses; (vi) the offenses
5    defined in Sections 4.1 and 5.1 of the Wrongs to Children
6    Act or Section 11-9.1A of the Criminal Code of 1961 or the
7    Criminal Code of 2012; (vii) those offenses defined in
8    Section 6-16 of the Liquor Control Act of 1934 within the
9    last 20 years before the date of the application; and
10    (viii) those offenses defined in the Methamphetamine
11    Precursor Control Act.
12    The Department of State Police shall charge a fee for
13conducting the criminal history records check, which shall be
14deposited into the State Police Services Fund and may not
15exceed the actual cost of the records check.
16    (c-2) The Secretary shall issue a CDL with a school bus
17endorsement to allow a person to drive a school bus as defined
18in this Section. The CDL shall be issued according to the
19requirements outlined in 49 C.F.R. 383. A person may not
20operate a school bus as defined in this Section without a
21school bus endorsement. The Secretary of State may adopt rules
22consistent with Federal guidelines to implement this
23subsection (c-2).
24    (d) (Blank).
25(Source: P.A. 101-185, eff. 1-1-20.)
 

 

 

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1    Section 15. The Unified Code of Corrections is amended by
2changing Section 5-6-3.1 as follows:
 
3    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
4    Sec. 5-6-3.1. Incidents and conditions of supervision.
5    (a) When a defendant is placed on supervision, the court
6shall enter an order for supervision specifying the period of
7such supervision, and shall defer further proceedings in the
8case until the conclusion of the period.
9    (b) The period of supervision shall be reasonable under all
10of the circumstances of the case, but may not be longer than 2
11years, unless the defendant has failed to pay the assessment
12required by Section 10.3 of the Cannabis Control Act, Section
13411.2 of the Illinois Controlled Substances Act, or Section 80
14of the Methamphetamine Control and Community Protection Act, in
15which case the court may extend supervision beyond 2 years.
16Additionally, the court shall order the defendant to perform no
17less than 30 hours of community service and not more than 120
18hours of community service, if community service is available
19in the jurisdiction and is funded and approved by the county
20board where the offense was committed, when the offense (1) was
21related to or in furtherance of the criminal activities of an
22organized gang or was motivated by the defendant's membership
23in or allegiance to an organized gang; or (2) is a violation of
24any Section of Article 24 of the Criminal Code of 1961 or the
25Criminal Code of 2012 where a disposition of supervision is not

 

 

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1prohibited by Section 5-6-1 of this Code. The community service
2shall include, but not be limited to, the cleanup and repair of
3any damage caused by violation of Section 21-1.3 of the
4Criminal Code of 1961 or the Criminal Code of 2012 and similar
5damages to property located within the municipality or county
6in which the violation occurred. Where possible and reasonable,
7the community service should be performed in the offender's
8neighborhood.
9    For the purposes of this Section, "organized gang" has the
10meaning ascribed to it in Section 10 of the Illinois Streetgang
11Terrorism Omnibus Prevention Act.
12    (c) The court may in addition to other reasonable
13conditions relating to the nature of the offense or the
14rehabilitation of the defendant as determined for each
15defendant in the proper discretion of the court require that
16the person:
17        (1) make a report to and appear in person before or
18    participate with the court or such courts, person, or
19    social service agency as directed by the court in the order
20    of supervision;
21        (2) pay a fine and costs;
22        (3) work or pursue a course of study or vocational
23    training;
24        (4) undergo medical, psychological or psychiatric
25    treatment; or treatment for drug addiction or alcoholism;
26        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of defendants on probation;
2        (6) support his dependents;
3        (7) refrain from possessing a firearm or other
4    dangerous weapon;
5        (8) and in addition, if a minor:
6            (i) reside with his parents or in a foster home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9            (iv) contribute to his own support at home or in a
10        foster home; or
11            (v) with the consent of the superintendent of the
12        facility, attend an educational program at a facility
13        other than the school in which the offense was
14        committed if he or she is placed on supervision for a
15        crime of violence as defined in Section 2 of the Crime
16        Victims Compensation Act committed in a school, on the
17        real property comprising a school, or within 1,000 feet
18        of the real property comprising a school;
19        (9) make restitution or reparation in an amount not to
20    exceed actual loss or damage to property and pecuniary loss
21    or make restitution under Section 5-5-6 to a domestic
22    violence shelter. The court shall determine the amount and
23    conditions of payment;
24        (10) perform some reasonable public or community
25    service;
26        (11) comply with the terms and conditions of an order

 

 

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1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986 or an order of protection
3    issued by the court of another state, tribe, or United
4    States territory. If the court has ordered the defendant to
5    make a report and appear in person under paragraph (1) of
6    this subsection, a copy of the order of protection shall be
7    transmitted to the person or agency so designated by the
8    court;
9        (12) reimburse any "local anti-crime program" as
10    defined in Section 7 of the Anti-Crime Advisory Council Act
11    for any reasonable expenses incurred by the program on the
12    offender's case, not to exceed the maximum amount of the
13    fine authorized for the offense for which the defendant was
14    sentenced;
15        (13) contribute a reasonable sum of money, not to
16    exceed the maximum amount of the fine authorized for the
17    offense for which the defendant was sentenced, (i) to a
18    "local anti-crime program", as defined in Section 7 of the
19    Anti-Crime Advisory Council Act, or (ii) for offenses under
20    the jurisdiction of the Department of Natural Resources, to
21    the fund established by the Department of Natural Resources
22    for the purchase of evidence for investigation purposes and
23    to conduct investigations as outlined in Section 805-105 of
24    the Department of Natural Resources (Conservation) Law;
25        (14) refrain from entering into a designated
26    geographic area except upon such terms as the court finds

 

 

SB2752- 70 -LRB101 15007 LNS 65697 b

1    appropriate. Such terms may include consideration of the
2    purpose of the entry, the time of day, other persons
3    accompanying the defendant, and advance approval by a
4    probation officer;
5        (15) refrain from having any contact, directly or
6    indirectly, with certain specified persons or particular
7    types of person, including but not limited to members of
8    street gangs and drug users or dealers;
9        (16) refrain from having in his or her body the
10    presence of any illicit drug prohibited by the Cannabis
11    Control Act, the Illinois Controlled Substances Act, or the
12    Methamphetamine Control and Community Protection Act,
13    unless prescribed by a physician, and submit samples of his
14    or her blood or urine or both for tests to determine the
15    presence of any illicit drug;
16        (17) refrain from operating any motor vehicle not
17    equipped with an ignition interlock device as defined in
18    Section 1-129.1 of the Illinois Vehicle Code; under this
19    condition the court may allow a defendant who is not
20    self-employed to operate a vehicle owned by the defendant's
21    employer that is not equipped with an ignition interlock
22    device in the course and scope of the defendant's
23    employment; and
24        (18) if placed on supervision for a sex offense as
25    defined in subsection (a-5) of Section 3-1-2 of this Code,
26    unless the offender is a parent or guardian of the person

 

 

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1    under 18 years of age present in the home and no
2    non-familial minors are present, not participate in a
3    holiday event involving children under 18 years of age,
4    such as distributing candy or other items to children on
5    Halloween, wearing a Santa Claus costume on or preceding
6    Christmas, being employed as a department store Santa
7    Claus, or wearing an Easter Bunny costume on or preceding
8    Easter.
9    (c-5) If payment of restitution as ordered has not been
10made, the victim shall file a petition notifying the sentencing
11court, any other person to whom restitution is owed, and the
12State's Attorney of the status of the ordered restitution
13payments unpaid at least 90 days before the supervision
14expiration date. If payment as ordered has not been made, the
15court shall hold a review hearing prior to the expiration date,
16unless the hearing is voluntarily waived by the defendant with
17the knowledge that waiver may result in an extension of the
18supervision period or in a revocation of supervision. If the
19court does not extend supervision, it shall issue a judgment
20for the unpaid restitution and direct the clerk of the circuit
21court to file and enter the judgment in the judgment and lien
22docket, without fee, unless it finds that the victim has
23recovered a judgment against the defendant for the amount
24covered by the restitution order. If the court issues a
25judgment for the unpaid restitution, the court shall send to
26the defendant at his or her last known address written

 

 

SB2752- 72 -LRB101 15007 LNS 65697 b

1notification that a civil judgment has been issued for the
2unpaid restitution.
3    (d) The court shall defer entering any judgment on the
4charges until the conclusion of the supervision.
5    (e) At the conclusion of the period of supervision, if the
6court determines that the defendant has successfully complied
7with all of the conditions of supervision, the court shall
8discharge the defendant and enter a judgment dismissing the
9charges.
10    (f) Discharge and dismissal upon a successful conclusion of
11a disposition of supervision shall be deemed without
12adjudication of guilt and shall not be termed a conviction for
13purposes of disqualification or disabilities imposed by law
14upon conviction of a crime. Two years after the discharge and
15dismissal under this Section, unless the disposition of
16supervision was for a violation of Sections 3-707, 3-708,
173-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
18similar provision of a local ordinance, or for a violation of
19Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
20or the Criminal Code of 2012, in which case it shall be 5 years
21after discharge and dismissal, a person may have his record of
22arrest sealed or expunged as may be provided by law. However,
23any defendant placed on supervision before January 1, 1980, may
24move for sealing or expungement of his arrest record, as
25provided by law, at any time after discharge and dismissal
26under this Section. A person placed on supervision for a sexual

 

 

SB2752- 73 -LRB101 15007 LNS 65697 b

1offense committed against a minor as defined in clause
2(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
3for a violation of Section 11-501 of the Illinois Vehicle Code
4or a similar provision of a local ordinance shall not have his
5or her record of arrest sealed or expunged.
6    (g) A defendant placed on supervision and who during the
7period of supervision undergoes mandatory drug or alcohol
8testing, or both, or is assigned to be placed on an approved
9electronic monitoring device, shall be ordered to pay the costs
10incidental to such mandatory drug or alcohol testing, or both,
11and costs incidental to such approved electronic monitoring in
12accordance with the defendant's ability to pay those costs. The
13county board with the concurrence of the Chief Judge of the
14judicial circuit in which the county is located shall establish
15reasonable fees for the cost of maintenance, testing, and
16incidental expenses related to the mandatory drug or alcohol
17testing, or both, and all costs incidental to approved
18electronic monitoring, of all defendants placed on
19supervision. The concurrence of the Chief Judge shall be in the
20form of an administrative order. The fees shall be collected by
21the clerk of the circuit court, except as provided in an
22administrative order of the Chief Judge of the circuit court.
23The clerk of the circuit court shall pay all moneys collected
24from these fees to the county treasurer who shall use the
25moneys collected to defray the costs of drug testing, alcohol
26testing, and electronic monitoring. The county treasurer shall

 

 

SB2752- 74 -LRB101 15007 LNS 65697 b

1deposit the fees collected in the county working cash fund
2under Section 6-27001 or Section 6-29002 of the Counties Code,
3as the case may be.
4    The Chief Judge of the circuit court of the county may by
5administrative order establish a program for electronic
6monitoring of offenders, in which a vendor supplies and
7monitors the operation of the electronic monitoring device, and
8collects the fees on behalf of the county. The program shall
9include provisions for indigent offenders and the collection of
10unpaid fees. The program shall not unduly burden the offender
11and shall be subject to review by the Chief Judge.
12    The Chief Judge of the circuit court may suspend any
13additional charges or fees for late payment, interest, or
14damage to any device.
15    (h) A disposition of supervision is a final order for the
16purposes of appeal.
17    (i) The court shall impose upon a defendant placed on
18supervision after January 1, 1992 or to community service under
19the supervision of a probation or court services department
20after January 1, 2004, as a condition of supervision or
21supervised community service, a fee of $50 for each month of
22supervision or supervised community service ordered by the
23court, unless after determining the inability of the person
24placed on supervision or supervised community service to pay
25the fee, the court assesses a lesser fee. The court may not
26impose the fee on a minor who is placed in the guardianship or

 

 

SB2752- 75 -LRB101 15007 LNS 65697 b

1custody of the Department of Children and Family Services under
2the Juvenile Court Act of 1987 while the minor is in placement.
3The fee shall be imposed only upon a defendant who is actively
4supervised by the probation and court services department. The
5fee shall be collected by the clerk of the circuit court. The
6clerk of the circuit court shall pay all monies collected from
7this fee to the county treasurer for deposit in the probation
8and court services fund pursuant to Section 15.1 of the
9Probation and Probation Officers Act.
10    A circuit court may not impose a probation fee in excess of
11$25 per month unless the circuit court has adopted, by
12administrative order issued by the chief judge, a standard
13probation fee guide determining an offender's ability to pay.
14Of the amount collected as a probation fee, not to exceed $5 of
15that fee collected per month may be used to provide services to
16crime victims and their families.
17    The Court may only waive probation fees based on an
18offender's ability to pay. The probation department may
19re-evaluate an offender's ability to pay every 6 months, and,
20with the approval of the Director of Court Services or the
21Chief Probation Officer, adjust the monthly fee amount. An
22offender may elect to pay probation fees due in a lump sum. Any
23offender that has been assigned to the supervision of a
24probation department, or has been transferred either under
25subsection (h) of this Section or under any interstate compact,
26shall be required to pay probation fees to the department

 

 

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1supervising the offender, based on the offender's ability to
2pay.
3    (j) All fines and costs imposed under this Section for any
4violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5Code, or a similar provision of a local ordinance, and any
6violation of the Child Passenger Protection Act, or a similar
7provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10    (k) A defendant at least 17 years of age who is placed on
11supervision for a misdemeanor in a county of 3,000,000 or more
12inhabitants and who has not been previously convicted of a
13misdemeanor or felony may as a condition of his or her
14supervision be required by the court to attend educational
15courses designed to prepare the defendant for a high school
16diploma and to work toward a high school diploma or to work
17toward passing high school equivalency testing or to work
18toward completing a vocational training program approved by the
19court. The defendant placed on supervision must attend a public
20institution of education to obtain the educational or
21vocational training required by this subsection (k). The
22defendant placed on supervision shall be required to pay for
23the cost of the educational courses or high school equivalency
24testing if a fee is charged for those courses or testing. The
25court shall revoke the supervision of a person who wilfully
26fails to comply with this subsection (k). The court shall

 

 

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1resentence the defendant upon revocation of supervision as
2provided in Section 5-6-4. This subsection (k) does not apply
3to a defendant who has a high school diploma or has
4successfully passed high school equivalency testing. This
5subsection (k) does not apply to a defendant who is determined
6by the court to be a person with a developmental disability or
7otherwise mentally incapable of completing the educational or
8vocational program.
9    (l) The court shall require a defendant placed on
10supervision for possession of a substance prohibited by the
11Cannabis Control Act, the Illinois Controlled Substances Act,
12or the Methamphetamine Control and Community Protection Act
13after a previous conviction or disposition of supervision for
14possession of a substance prohibited by the Cannabis Control
15Act, the Illinois Controlled Substances Act, or the
16Methamphetamine Control and Community Protection Act or a
17sentence of probation under Section 10 of the Cannabis Control
18Act or Section 410 of the Illinois Controlled Substances Act
19and after a finding by the court that the person is addicted,
20to undergo treatment at a substance abuse program approved by
21the court.
22    (m) The Secretary of State shall require anyone placed on
23court supervision for a violation of Section 3-707 of the
24Illinois Vehicle Code or a similar provision of a local
25ordinance to give proof of his or her financial responsibility
26as defined in Section 7-315 of the Illinois Vehicle Code. The

 

 

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1proof shall be maintained by the individual in a manner
2satisfactory to the Secretary of State for a minimum period of
33 years after the date the proof is first filed. The proof
4shall be limited to a single action per arrest and may not be
5affected by any post-sentence disposition. The Secretary of
6State shall suspend the driver's license of any person
7determined by the Secretary to be in violation of this
8subsection. This subsection does not apply to a person who, at
9the time of the offense, was operating a motor vehicle
10registered in a state other than Illinois.
11    (n) Any offender placed on supervision for any offense that
12the court or probation department has determined to be sexually
13motivated as defined in the Sex Offender Management Board Act
14shall be required to refrain from any contact, directly or
15indirectly, with any persons specified by the court and shall
16be available for all evaluations and treatment programs
17required by the court or the probation department.
18    (o) An offender placed on supervision for a sex offense as
19defined in the Sex Offender Management Board Act shall refrain
20from residing at the same address or in the same condominium
21unit or apartment unit or in the same condominium complex or
22apartment complex with another person he or she knows or
23reasonably should know is a convicted sex offender or has been
24placed on supervision for a sex offense. The provisions of this
25subsection (o) do not apply to a person convicted of a sex
26offense who is placed in a Department of Corrections licensed

 

 

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1transitional housing facility for sex offenders.
2    (p) An offender placed on supervision for an offense
3committed on or after June 1, 2008 (the effective date of
4Public Act 95-464) that would qualify the accused as a child
5sex offender as defined in Section 11-9.3 or 11-9.4 of the
6Criminal Code of 1961 or the Criminal Code of 2012 shall
7refrain from communicating with or contacting, by means of the
8Internet, a person who is not related to the accused and whom
9the accused reasonably believes to be under 18 years of age.
10For purposes of this subsection (p), "Internet" has the meaning
11ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
12and a person is not related to the accused if the person is
13not: (i) the spouse, brother, or sister of the accused; (ii) a
14descendant of the accused; (iii) a first or second cousin of
15the accused; or (iv) a step-child or adopted child of the
16accused.
17    (q) An offender placed on supervision for an offense
18committed on or after June 1, 2008 (the effective date of
19Public Act 95-464) that would qualify the accused as a child
20sex offender as defined in Section 11-9.3 or 11-9.4 of the
21Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
22ordered by the court, refrain from communicating with or
23contacting, by means of the Internet, a person who is related
24to the accused and whom the accused reasonably believes to be
25under 18 years of age. For purposes of this subsection (q),
26"Internet" has the meaning ascribed to it in Section 16-0.1 of

 

 

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1the Criminal Code of 2012; and a person is related to the
2accused if the person is: (i) the spouse, brother, or sister of
3the accused; (ii) a descendant of the accused; (iii) a first or
4second cousin of the accused; or (iv) a step-child or adopted
5child of the accused.
6    (r) An offender placed on supervision for an offense under
7Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
8juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
911-21 of the Criminal Code of 1961 or the Criminal Code of
102012, or any attempt to commit any of these offenses, committed
11on or after June 1, 2009 (the effective date of Public Act
1295-983) shall:
13        (i) not access or use a computer or any other device
14    with Internet capability without the prior written
15    approval of the court, except in connection with the
16    offender's employment or search for employment with the
17    prior approval of the court;
18        (ii) submit to periodic unannounced examinations of
19    the offender's computer or any other device with Internet
20    capability by the offender's probation officer, a law
21    enforcement officer, or assigned computer or information
22    technology specialist, including the retrieval and copying
23    of all data from the computer or device and any internal or
24    external peripherals and removal of such information,
25    equipment, or device to conduct a more thorough inspection;
26        (iii) submit to the installation on the offender's

 

 

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1    computer or device with Internet capability, at the
2    offender's expense, of one or more hardware or software
3    systems to monitor the Internet use; and
4        (iv) submit to any other appropriate restrictions
5    concerning the offender's use of or access to a computer or
6    any other device with Internet capability imposed by the
7    court.
8    (s) An offender placed on supervision for an offense that
9is a sex offense as defined in Section 2 of the Sex Offender
10Registration Act that is committed on or after January 1, 2010
11(the effective date of Public Act 96-362) that requires the
12person to register as a sex offender under that Act, may not
13knowingly use any computer scrub software on any computer that
14the sex offender uses.
15    (t) An offender placed on supervision for a sex offense as
16defined in the Sex Offender Registration Act committed on or
17after January 1, 2010 (the effective date of Public Act 96-262)
18shall refrain from accessing or using a social networking
19website as defined in Section 17-0.5 of the Criminal Code of
202012.
21    (u) Jurisdiction over an offender may be transferred from
22the sentencing court to the court of another circuit with the
23concurrence of both courts. Further transfers or retransfers of
24jurisdiction are also authorized in the same manner. The court
25to which jurisdiction has been transferred shall have the same
26powers as the sentencing court. The probation department within

 

 

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1the circuit to which jurisdiction has been transferred may
2impose probation fees upon receiving the transferred offender,
3as provided in subsection (i). The probation department from
4the original sentencing court shall retain all probation fees
5collected prior to the transfer.
6(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
799-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
88-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.