102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1852

 

Introduced 2/26/2021, 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.


LRB102 13713 RAM 19063 b

 

 

A BILL FOR

 

SB1852LRB102 13713 RAM 19063 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
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.

 

 

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1As used in this Act, "photograph" means any color photograph
2or digitally produced and captured image of an applicant for
3an identification card. As used in this Act, "signature" means
4the name of a person as written by that person and captured in
5a manner acceptable to the 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
14in Section 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
17residence or mailing address. The Secretary may promulgate
18rules to implement this provision. For the purposes of this
19subsection (a-10), "peace officer" means any person who by
20virtue of his or her office or public employment is vested by
21law with a duty to maintain public order or to make arrests for
22a violation of any penal statute of this State, whether that
23duty extends to all violations or is limited to specific
24violations.
25    (a-15) The Secretary of State may provide for an expedited
26process for the issuance of an Illinois Identification Card.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the Secretary of State shall not be liable for any actions
2taken based upon that medical information.
3    (c) The Secretary of State shall provide that each
4original or renewal Illinois Identification Card or Illinois
5Person with a Disability Identification Card issued to a
6person under the age of 21 shall be of a distinct nature from
7those Illinois Identification Cards or Illinois Person with a
8Disability Identification Cards issued to individuals 21 years
9of age or older. The color designated for Illinois
10Identification Cards or Illinois Person with a Disability
11Identification Cards for persons under the age of 21 shall be
12at the discretion of the Secretary of State.
13    (c-1) Each original or renewal Illinois Identification
14Card or Illinois Person with a Disability Identification Card
15issued to a person under the age of 21 shall display the date
16upon which the person becomes 18 years of age and the date upon
17which the person becomes 21 years of age.
18    (c-3) The General Assembly recognizes the need to identify
19military veterans living in this State for the purpose of
20ensuring that they receive all of the services and benefits to
21which they are legally entitled, including healthcare,
22education assistance, and job placement. To assist the State
23in identifying these veterans and delivering these vital
24services and benefits, the Secretary of State is authorized to
25issue Illinois Identification Cards and Illinois Person with a
26Disability Identification Cards with the word "veteran"

 

 

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

 

 

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1Person with a Disability Identification Card a space where the
2card holder may place a sticker or decal, issued by the
3Secretary of State, of uniform size as the Secretary may
4specify, that shall indicate in appropriate language that the
5card holder has renewed his or her Illinois Identification
6Card or Illinois Person with a Disability Identification Card.
7(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
899-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
97-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
10    Section 10. The Illinois Vehicle Code is amended by
11changing Sections 6-106.1, 6-206, and 6-508 as follows:
 
12    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements
16of the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as
23required by the Department of State Police to conduct
24fingerprint based criminal background checks on current and

 

 

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

 

 

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

 

 

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

 

 

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1    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
8    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
9    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
10    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6,
11    12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12    12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6,
13    12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16,
14    16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1,
15    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
16    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
17    31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a)
18    and (b), of Section 24-3, and those offenses contained in
19    Article 29D of the Criminal Code of 1961 or the Criminal
20    Code of 2012; (ii) those offenses defined in the Cannabis
21    Control Act except those offenses defined in subsections
22    (a) and (b) of Section 4, and subsection (a) of Section 5
23    of the Cannabis Control Act; (iii) those offenses defined
24    in the Illinois Controlled Substances Act; (iv) those
25    offenses defined in the Methamphetamine Control and
26    Community Protection Act; and (v) any offense committed or

 

 

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

 

 

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1    Section 6-106.1c of this Code by the employer of the
2    applicant to the Secretary of State; and
3        16. not have been convicted of committing or
4    attempting to commit within the last 20 years: (i) an
5    offense defined in subsection (c) of Section 4, subsection
6    (b) of Section 5, and subsection (a) of Section 8 of the
7    Cannabis Control Act; or (ii) any offenses in any other
8    state or against the laws of the United States that, if
9    committed or attempted in this State, would be punishable
10    as one or more of the foregoing offenses.
11    (b) A school bus driver permit shall be valid for a period
12specified by the Secretary of State as set forth by rule. It
13shall be renewable upon compliance with subsection (a) of this
14Section.
15    (c) A school bus driver permit shall contain the holder's
16driver's license number, legal name, residence address, zip
17code, and date of birth, a brief description of the holder and
18a space for signature. The Secretary of State may require a
19suitable photograph of the holder.
20    (d) The employer shall be responsible for conducting a
21pre-employment interview with prospective school bus driver
22candidates, distributing school bus driver applications and
23medical forms to be completed by the applicant, and submitting
24the applicant's fingerprint cards to the Department of State
25Police that are required for the criminal background
26investigations. The employer shall certify in writing to the

 

 

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

 

 

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

 

 

SB1852- 20 -LRB102 13713 RAM 19063 b

1    driver permit for a period of 3 years to an applicant who
2    fails to obtain a negative result on a drug test as
3    required in item 6 of subsection (a) of this Section or
4    under federal law.
5        (5) The Secretary of State shall forthwith suspend a
6    school bus driver permit for a period of 3 years upon
7    receiving notice that the holder has failed to obtain a
8    negative result on a drug test as required in item 6 of
9    subsection (a) of this Section or under federal law.
10        (6) The Secretary of State shall suspend a school bus
11    driver permit for a period of 3 years upon receiving
12    notice from the employer that the holder failed to perform
13    the inspection procedure set forth in subsection (a) or
14    (b) of Section 12-816 of this Code.
15        (7) The Secretary of State shall suspend a school bus
16    driver permit for a period of 3 years upon receiving
17    notice from the employer that the holder refused to submit
18    to an alcohol or drug test as required by Section 6-106.1c
19    or has submitted to a test required by that Section which
20    disclosed an alcohol concentration of more than 0.00 or
21    disclosed a positive result on a National Institute on
22    Drug Abuse five-drug panel, utilizing federal standards
23    set forth in 49 CFR 40.87.
24    The Secretary of State shall notify the State
25Superintendent of Education and the permit holder's
26prospective or current employer that the applicant has (1) has

 

 

SB1852- 21 -LRB102 13713 RAM 19063 b

1failed a criminal background investigation or (2) is no longer
2eligible for a school bus driver permit; and of the related
3cancellation of the applicant's provisional school bus driver
4permit. The cancellation shall remain in effect pending the
5outcome of a hearing pursuant to Section 2-118 of this Code.
6The scope of the hearing shall be limited to the issuance
7criteria contained in subsection (a) of this Section. A
8petition requesting a hearing shall be submitted to the
9Secretary of State and shall contain the reason the individual
10feels he or she is entitled to a school bus driver permit. The
11permit holder's employer shall notify in writing to the
12Secretary of State that the employer has certified the removal
13of the offending school bus driver from service prior to the
14start of that school bus driver's next workshift. An employing
15school board that fails to remove the offending school bus
16driver from service is subject to the penalties defined in
17Section 3-14.23 of the School Code. A school bus contractor
18who violates a provision of this Section is subject to the
19penalties defined in Section 6-106.11.
20    All valid school bus driver permits issued under this
21Section prior to January 1, 1995, shall remain effective until
22their expiration date unless otherwise invalidated.
23    (h) When a school bus driver permit holder who is a service
24member is called to active duty, the employer of the permit
25holder shall notify the Secretary of State, within 30 days of
26notification from the permit holder, that the permit holder

 

 

SB1852- 22 -LRB102 13713 RAM 19063 b

1has been called to active duty. Upon notification pursuant to
2this subsection, (i) the Secretary of State shall characterize
3the permit as inactive until a permit holder renews the permit
4as provided in subsection (i) of this Section, and (ii) if a
5permit holder fails to comply with the requirements of this
6Section while called to active duty, the Secretary of State
7shall not characterize the permit as invalid.
8    (i) A school bus driver permit holder who is a service
9member returning from active duty must, within 90 days, renew
10a permit characterized as inactive pursuant to subsection (h)
11of this Section by complying with the renewal requirements of
12subsection (b) of this Section.
13    (j) For purposes of subsections (h) and (i) of this
14Section:
15    "Active duty" means active duty pursuant to an executive
16order of the President of the United States, an act of the
17Congress of the United States, or an order of the Governor.
18    "Service member" means a member of the Armed Services or
19reserve forces of the United States or a member of the Illinois
20National Guard.
21    (k) A private carrier employer of a school bus driver
22permit holder, having satisfied the employer requirements of
23this Section, shall be held to a standard of ordinary care for
24intentional acts committed in the course of employment by the
25bus driver permit holder. This subsection (k) shall in no way
26limit the liability of the private carrier employer for

 

 

SB1852- 23 -LRB102 13713 RAM 19063 b

1violation of any provision of this Section or for the
2negligent hiring or retention of a school bus driver permit
3holder.
4(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
5    (625 ILCS 5/6-206)
6    Sec. 6-206. Discretionary authority to suspend or revoke
7license or permit; right to a hearing.
8    (a) The Secretary of State is authorized to suspend or
9revoke the driving privileges of any person without
10preliminary hearing upon a showing of the person's records or
11other sufficient evidence that the person:
12        1. Has committed an offense for which mandatory
13    revocation of a driver's license or permit is required
14    upon conviction;
15        2. Has been convicted of not less than 3 offenses
16    against traffic regulations governing the movement of
17    vehicles committed within any 12-month 12 month period. No
18    revocation or suspension shall be entered more than 6
19    months after the date of last conviction;
20        3. Has been repeatedly involved as a driver in motor
21    vehicle collisions or has been repeatedly convicted of
22    offenses against laws and ordinances regulating the
23    movement of traffic, to a degree that indicates lack of
24    ability to exercise ordinary and reasonable care in the
25    safe operation of a motor vehicle or disrespect for the

 

 

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

 

 

SB1852- 25 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 26 -LRB102 13713 RAM 19063 b

1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to criminal trespass to vehicles if the person
3    exercised actual physical control over the vehicle during
4    the commission of the offense, in which case the
5    suspension shall be for one year;
6        16. Has been convicted of violating Section 11-204 of
7    this Code relating to fleeing from a peace officer;
8        17. Has refused to submit to a test, or tests, as
9    required under Section 11-501.1 of this Code and the
10    person has not sought a hearing as provided for in Section
11    11-501.1;
12        18. (Blank);
13        19. Has committed a violation of paragraph (a) or (b)
14    of Section 6-101 relating to driving without a driver's
15    license;
16        20. Has been convicted of violating Section 6-104
17    relating to classification of driver's license;
18        21. Has been convicted of violating Section 11-402 of
19    this Code relating to leaving the scene of an accident
20    resulting in damage to a vehicle in excess of $1,000, in
21    which case the suspension shall be for one year;
22        22. Has used a motor vehicle in violating paragraph
23    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
24    the Criminal Code of 1961 or the Criminal Code of 2012
25    relating to unlawful use of weapons, in which case the
26    suspension shall be for one year;

 

 

SB1852- 27 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 28 -LRB102 13713 RAM 19063 b

1    suspended for one year. Any defendant found guilty of this
2    offense while operating a motor vehicle, shall have an
3    entry made in the court record by the presiding judge that
4    this offense did occur while the defendant was operating a
5    motor vehicle and order the clerk of the court to report
6    the violation to the Secretary of State;
7        29. Has been convicted of the following offenses that
8    were committed while the person was operating or in actual
9    physical control, as a driver, of a motor vehicle:
10    criminal sexual assault, predatory criminal sexual assault
11    of a child, aggravated criminal sexual assault, criminal
12    sexual abuse, aggravated criminal sexual abuse, juvenile
13    pimping, soliciting for a juvenile prostitute, promoting
14    juvenile prostitution as described in subdivision (a)(1),
15    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, and the manufacture,
17    sale or delivery of controlled substances or instruments
18    used for illegal drug use or abuse in which case the
19    driver's driving privileges shall be suspended for one
20    year;
21        30. Has been convicted a second or subsequent time for
22    any combination of the offenses named in paragraph 29 of
23    this subsection, in which case the person's driving
24    privileges shall be suspended for 5 years;
25        31. Has refused to submit to a test as required by
26    Section 11-501.6 of this Code or Section 5-16c of the Boat

 

 

SB1852- 29 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 30 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 31 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 32 -LRB102 13713 RAM 19063 b

1        49. Has been convicted of a violation of Section
2    11-1002 or 11-1002.5 that resulted in a Type A injury to
3    another, in which case the driving privileges of the
4    person shall be suspended for 12 months; or
5        50. Has committed a violation of subsection (b-5) of
6    Section 12-610.2 that resulted in great bodily harm,
7    permanent disability, or disfigurement, in which case the
8    driving privileges of the person shall be suspended for 12
9    months.
10        49. Has committed a violation of subsection (b-5) of
11    Section 12-610.2 that resulted in great bodily harm,
12    permanent disability, or disfigurement, in which case the
13    driving privileges shall be suspended for 12 months.
14        49. Has been convicted of a violation of Section
15    11-1002 or 11-1002.5 that resulted in a Type A injury to
16    another, in which case the person's driving privileges
17    shall be suspended for 12 months.
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
21is deposited 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

 

 

SB1852- 33 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 34 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 35 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 36 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 37 -LRB102 13713 RAM 19063 b

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

 

 

SB1852- 38 -LRB102 13713 RAM 19063 b

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

 

 

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

 

 

SB1852- 40 -LRB102 13713 RAM 19063 b

1    of Section 6-208 of this Code and who have been convicted
2    of more than one violation of paragraph (3), paragraph
3    (4), or paragraph (5) of subsection (a) of Section 11-501
4    of this Code shall not be eligible to apply for a
5    restricted driving permit under this subparagraph (F).
6        A restricted driving permit issued under this
7    subparagraph (F) shall provide that the holder may only
8    operate motor vehicles equipped with an ignition interlock
9    device as required under paragraph (2) of subsection (c)
10    of Section 6-205 of this Code and subparagraph (A) of
11    paragraph 3 of subsection (c) of this Section. The
12    Secretary may revoke a restricted driving permit or amend
13    the conditions of a restricted driving permit issued under
14    this subparagraph (F) if the holder operates a vehicle
15    that is not equipped with an ignition interlock device, or
16    for any other reason authorized under this Code.
17        A restricted driving permit issued under this
18    subparagraph (F) shall be revoked, and the holder barred
19    from applying for or being issued a restricted driving
20    permit in the future, if the holder is convicted of a
21    violation of Section 11-501 of this Code, a similar
22    provision of a local ordinance, or a similar offense in
23    another state.
24    (c-3) In the case of a suspension under paragraph 43 of
25subsection (a), reports received by the Secretary of State
26under this Section shall, except during the actual time the

 

 

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

 

 

SB1852- 42 -LRB102 13713 RAM 19063 b

1driving privileges have been suspended or revoked under any
2provisions of this Code.
3    (f) In accordance with 49 C.F.R. 384, the Secretary of
4State may not issue a restricted driving permit for the
5operation of a commercial motor vehicle to a person holding a
6CDL whose driving privileges have been suspended, revoked,
7cancelled, or disqualified under any provisions of this Code.
8(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
9101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
 
10    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
11    Sec. 6-508. Commercial Driver's License (CDL) -
12qualification standards.
13    (a) Testing.
14        (1) General. No person shall be issued an original or
15    renewal CDL unless that person is domiciled in this State
16    or is applying for a non-domiciled CDL under Sections
17    6-509 and 6-510 of this Code. The Secretary shall cause to
18    be administered such tests as the Secretary deems
19    necessary to meet the requirements of 49 C.F.R. Part 383,
20    subparts F, G, H, and J.
21        (1.5) Effective July 1, 2014, no person shall be
22    issued an original CDL or an upgraded CDL that requires a
23    skills test unless that person has held a CLP, for a
24    minimum of 14 calendar days, for the classification of
25    vehicle and endorsement, if any, for which the person is

 

 

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1    seeking a CDL.
2        (2) Third party testing. The Secretary of State may
3    authorize a "third party tester", pursuant to 49 C.F.R.
4    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
5    the skills test or tests specified by the Federal Motor
6    Carrier Safety Administration pursuant to the Commercial
7    Motor Vehicle Safety Act of 1986 and any appropriate
8    federal rule.
9        (3)(i) Effective February 7, 2020, unless the person
10    is exempted by 49 CFR 380.603, no person shall be issued an
11    original (first time issuance) CDL, an upgraded CDL or a
12    school bus (S), passenger (P), or hazardous Materials (H)
13    endorsement unless the person has successfully completed
14    entry-level driver training (ELDT) taught by a training
15    provider listed on the federal Training Provider Registry.
16        (ii) Persons who obtain a CLP before February 7, 2020
17    are not required to complete ELDT if the person obtains a
18    CDL before the CLP or renewed CLP expires.
19        (iii) Except for persons seeking the H endorsement,
20    persons must complete the theory and behind-the-wheel
21    (range and public road) portions of ELDT within one year
22    of completing the first portion.
23        (iv) The Secretary shall adopt rules to implement this
24    subsection.
25    (b) Waiver of Skills Test. The Secretary of State may
26waive the skills test specified in this Section for a driver

 

 

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1applicant for a commercial driver license who meets the
2requirements of 49 C.F.R. 383.77. The Secretary of State shall
3waive the skills tests specified in this Section for a driver
4applicant who has military commercial motor vehicle
5experience, subject to the requirements of 49 C.F.R. 383.77.
6    (b-1) No person shall be issued a CDL unless the person
7certifies to the Secretary one of the following types of
8driving operations in which he or she will be engaged:
9        (1) non-excepted interstate;
10        (2) non-excepted intrastate;
11        (3) excepted interstate; or
12        (4) excepted intrastate.
13    (b-2) (Blank).
14    (c) Limitations on issuance of a CDL. A CDL shall not be
15issued to a person while the person is subject to a
16disqualification from driving a commercial motor vehicle, or
17unless otherwise permitted by this Code, while the person's
18driver's license is suspended, revoked or cancelled in any
19state, or any territory or province of Canada; nor may a CLP or
20CDL be issued to a person who has a CLP or CDL issued by any
21other state, or foreign jurisdiction, nor may a CDL be issued
22to a person who has an Illinois CLP unless the person first
23surrenders all of these licenses or permits. However, a person
24may hold an Illinois CLP and an Illinois CDL providing the CLP
25is necessary to train or practice for an endorsement or
26vehicle classification not present on the current CDL. No CDL

 

 

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1shall be issued to or renewed for a person who does not meet
2the requirement of 49 CFR 391.41(b)(11). The requirement may
3be met with the aid of a hearing aid.
4    (c-1) The Secretary may issue a CDL with a school bus
5driver endorsement to allow a person to drive the type of bus
6described in subsection (d-5) of Section 6-104 of this Code.
7The CDL with a school bus driver endorsement may be issued only
8to a person meeting the following requirements:
9        (1) the person has submitted his or her fingerprints
10    to the Department of State Police in the form and manner
11    prescribed by the Department of State Police. These
12    fingerprints shall be checked against the fingerprint
13    records now and hereafter filed in the Department of State
14    Police and Federal Bureau of Investigation criminal
15    history records databases;
16        (2) the person has passed a written test, administered
17    by the Secretary of State, on charter bus operation,
18    charter bus safety, and certain special traffic laws
19    relating to school buses determined by the Secretary of
20    State to be relevant to charter buses, and submitted to a
21    review of the driver applicant's driving habits by the
22    Secretary of State at the time the written test is given;
23        (3) the person has demonstrated physical fitness to
24    operate school buses by submitting the results of a
25    medical examination, including tests for drug use; and
26        (4) the person has not been convicted of committing or

 

 

SB1852- 46 -LRB102 13713 RAM 19063 b

1    attempting to commit any one or more of the following
2    offenses: (i) those offenses defined in Sections 8-1.2,
3    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
4    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
5    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
6    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
7    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
8    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
9    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
10    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
11    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12    12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4,
13    12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
14    12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20,
15    12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
16    18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
17    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
18    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
19    and in subsection (b) of Section 8-1, and in subdivisions
20    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
21    and (f)(1) of Section 12-3.05, and in subsection (a) and
22    subsection (b), clause (1), of Section 12-4, and in
23    subsection (A), clauses (a) and (b), of Section 24-3, and
24    those offenses contained in Article 29D of the Criminal
25    Code of 1961 or the Criminal Code of 2012; (ii) those
26    offenses defined in the Cannabis Control Act except those

 

 

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1    offenses defined in subsections (a) and (b) of Section 4,
2    and subsection (a) of Section 5 of the Cannabis Control
3    Act; (iii) those offenses defined in the Illinois
4    Controlled Substances Act; (iv) those offenses defined in
5    the Methamphetamine Control and Community Protection Act;
6    (v) any offense committed or attempted in any other state
7    or against the laws of the United States, which if
8    committed or attempted in this State would be punishable
9    as one or more of the foregoing offenses; (vi) the
10    offenses defined in Sections 4.1 and 5.1 of the Wrongs to
11    Children Act or Section 11-9.1A of the Criminal Code of
12    1961 or the Criminal Code of 2012; (vii) those offenses
13    defined in Section 6-16 of the Liquor Control Act of 1934
14    within the last 20 years before the date of the
15    application; and (viii) those offenses defined in the
16    Methamphetamine Precursor Control Act.
17    The Department of State Police shall charge a fee for
18conducting the criminal history records check, which shall be
19deposited into the State Police Services Fund and may not
20exceed the actual cost of the records check.
21    (c-2) The Secretary shall issue a CDL with a school bus
22endorsement to allow a person to drive a school bus as defined
23in this Section. The CDL shall be issued according to the
24requirements outlined in 49 C.F.R. 383. A person may not
25operate a school bus as defined in this Section without a
26school bus endorsement. The Secretary of State may adopt rules

 

 

SB1852- 48 -LRB102 13713 RAM 19063 b

1consistent with Federal guidelines to implement this
2subsection (c-2).
3    (d) (Blank).
4(Source: P.A. 101-185, eff. 1-1-20.)
 
5    Section 15. The Unified Code of Corrections is amended by
6changing Section 5-6-3.1 as follows:
 
7    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
8    Sec. 5-6-3.1. Incidents and conditions of supervision.
9    (a) When a defendant is placed on supervision, the court
10shall enter an order for supervision specifying the period of
11such supervision, and shall defer further proceedings in the
12case until the conclusion of the period.
13    (b) The period of supervision shall be reasonable under
14all of the circumstances of the case, but may not be longer
15than 2 years, unless the defendant has failed to pay the
16assessment required by Section 10.3 of the Cannabis Control
17Act, Section 411.2 of the Illinois Controlled Substances Act,
18or Section 80 of the Methamphetamine Control and Community
19Protection Act, in which case the court may extend supervision
20beyond 2 years. Additionally, the court shall order the
21defendant to perform no less than 30 hours of community
22service and not more than 120 hours of community service, if
23community service is available in the jurisdiction and is
24funded and approved by the county board where the offense was

 

 

SB1852- 49 -LRB102 13713 RAM 19063 b

1committed, when the offense (1) was related to or in
2furtherance of the criminal activities of an organized gang or
3was motivated by the defendant's membership in or allegiance
4to an organized gang; or (2) is a violation of any Section of
5Article 24 of the Criminal Code of 1961 or the Criminal Code of
62012 where a disposition of supervision is not prohibited by
7Section 5-6-1 of this Code. The community service shall
8include, but not be limited to, the cleanup and repair of any
9damage caused by violation of Section 21-1.3 of the Criminal
10Code of 1961 or the Criminal Code of 2012 and similar damages
11to property located within the municipality or county in which
12the violation occurred. Where possible and reasonable, the
13community service should be performed in the offender's
14neighborhood.
15    For the purposes of this Section, "organized gang" has the
16meaning ascribed to it in Section 10 of the Illinois
17Streetgang Terrorism Omnibus Prevention Act.
18    (c) The court may in addition to other reasonable
19conditions relating to the nature of the offense or the
20rehabilitation of the defendant as determined for each
21defendant in the proper discretion of the court require that
22the person:
23        (1) make a report to and appear in person before or
24    participate with the court or such courts, person, or
25    social service agency as directed by the court in the
26    order of supervision;

 

 

SB1852- 50 -LRB102 13713 RAM 19063 b

1        (2) pay a fine and costs;
2        (3) work or pursue a course of study or vocational
3    training;
4        (4) undergo medical, psychological or psychiatric
5    treatment; or treatment for drug addiction or alcoholism;
6        (5) attend or reside in a facility established for the
7    instruction or residence of defendants on probation;
8        (6) support his dependents;
9        (7) refrain from possessing a firearm or other
10    dangerous weapon;
11        (8) and in addition, if a minor:
12            (i) reside with his parents or in a foster home;
13            (ii) attend school;
14            (iii) attend a non-residential program for youth;
15            (iv) contribute to his own support at home or in a
16        foster home; or
17            (v) with the consent of the superintendent of the
18        facility, attend an educational program at a facility
19        other than the school in which the offense was
20        committed if he or she is placed on supervision for a
21        crime of violence as defined in Section 2 of the Crime
22        Victims Compensation Act committed in a school, on the
23        real property comprising a school, or within 1,000
24        feet of the real property comprising a school;
25        (9) make restitution or reparation in an amount not to
26    exceed actual loss or damage to property and pecuniary

 

 

SB1852- 51 -LRB102 13713 RAM 19063 b

1    loss or make restitution under Section 5-5-6 to a domestic
2    violence shelter. The court shall determine the amount and
3    conditions of payment;
4        (10) perform some reasonable public or community
5    service;
6        (11) comply with the terms and conditions of an order
7    of protection issued by the court pursuant to the Illinois
8    Domestic Violence Act of 1986 or an order of protection
9    issued by the court of another state, tribe, or United
10    States territory. If the court has ordered the defendant
11    to make a report and appear in person under paragraph (1)
12    of this subsection, a copy of the order of protection
13    shall be transmitted to the person or agency so designated
14    by the court;
15        (12) reimburse any "local anti-crime program" as
16    defined in Section 7 of the Anti-Crime Advisory Council
17    Act for any reasonable expenses incurred by the program on
18    the offender's case, not to exceed the maximum amount of
19    the fine authorized for the offense for which the
20    defendant was sentenced;
21        (13) contribute a reasonable sum of money, not to
22    exceed the maximum amount of the fine authorized for the
23    offense for which the defendant was sentenced, (i) to a
24    "local anti-crime program", as defined in Section 7 of the
25    Anti-Crime Advisory Council Act, or (ii) for offenses
26    under the jurisdiction of the Department of Natural

 

 

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1    Resources, to the fund established by the Department of
2    Natural Resources for the purchase of evidence for
3    investigation purposes and to conduct investigations as
4    outlined in Section 805-105 of the Department of Natural
5    Resources (Conservation) Law;
6        (14) refrain from entering into a designated
7    geographic area except upon such terms as the court finds
8    appropriate. Such terms may include consideration of the
9    purpose of the entry, the time of day, other persons
10    accompanying the defendant, and advance approval by a
11    probation officer;
12        (15) refrain from having any contact, directly or
13    indirectly, with certain specified persons or particular
14    types of person, including but not limited to members of
15    street gangs and drug users or dealers;
16        (16) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the Cannabis
18    Control Act, the Illinois Controlled Substances Act, or
19    the Methamphetamine Control and Community Protection Act,
20    unless prescribed by a physician, and submit samples of
21    his or her blood or urine or both for tests to determine
22    the presence of any illicit drug;
23        (17) refrain from operating any motor vehicle not
24    equipped with an ignition interlock device as defined in
25    Section 1-129.1 of the Illinois Vehicle Code; under this
26    condition the court may allow a defendant who is not

 

 

SB1852- 53 -LRB102 13713 RAM 19063 b

1    self-employed to operate a vehicle owned by the
2    defendant's employer that is not equipped with an ignition
3    interlock device in the course and scope of the
4    defendant's employment; and
5        (18) if placed on supervision for a sex offense as
6    defined in subsection (a-5) of Section 3-1-2 of this Code,
7    unless the offender is a parent or guardian of the person
8    under 18 years of age present in the home and no
9    non-familial minors are present, not participate in a
10    holiday event involving children under 18 years of age,
11    such as distributing candy or other items to children on
12    Halloween, wearing a Santa Claus costume on or preceding
13    Christmas, being employed as a department store Santa
14    Claus, or wearing an Easter Bunny costume on or preceding
15    Easter.
16    (c-5) If payment of restitution as ordered has not been
17made, the victim shall file a petition notifying the
18sentencing court, any other person to whom restitution is
19owed, and the State's Attorney of the status of the ordered
20restitution payments unpaid at least 90 days before the
21supervision expiration date. If payment as ordered has not
22been made, the court shall hold a review hearing prior to the
23expiration date, unless the hearing is voluntarily waived by
24the defendant with the knowledge that waiver may result in an
25extension of the supervision period or in a revocation of
26supervision. If the court does not extend supervision, it

 

 

SB1852- 54 -LRB102 13713 RAM 19063 b

1shall issue a judgment for the unpaid restitution and direct
2the clerk of the circuit court to file and enter the judgment
3in the judgment and lien docket, without fee, unless it finds
4that the victim has recovered a judgment against the defendant
5for the amount covered by the restitution order. If the court
6issues a judgment for the unpaid restitution, the court shall
7send to the defendant at his or her last known address written
8notification that a civil judgment has been issued for the
9unpaid restitution.
10    (d) The court shall defer entering any judgment on the
11charges until the conclusion of the supervision.
12    (e) At the conclusion of the period of supervision, if the
13court determines that the defendant has successfully complied
14with all of the conditions of supervision, the court shall
15discharge the defendant and enter a judgment dismissing the
16charges.
17    (f) Discharge and dismissal upon a successful conclusion
18of a disposition of supervision shall be deemed without
19adjudication of guilt and shall not be termed a conviction for
20purposes of disqualification or disabilities imposed by law
21upon conviction of a crime. Two years after the discharge and
22dismissal under this Section, unless the disposition of
23supervision was for a violation of Sections 3-707, 3-708,
243-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
25similar provision of a local ordinance, or for a violation of
26Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

 

 

SB1852- 55 -LRB102 13713 RAM 19063 b

1or the Criminal Code of 2012, in which case it shall be 5 years
2after discharge and dismissal, a person may have his record of
3arrest sealed or expunged as may be provided by law. However,
4any defendant placed on supervision before January 1, 1980,
5may move for sealing or expungement of his arrest record, as
6provided by law, at any time after discharge and dismissal
7under this Section. A person placed on supervision for a
8sexual offense committed against a minor as defined in clause
9(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
10for a violation of Section 11-501 of the Illinois Vehicle Code
11or a similar provision of a local ordinance shall not have his
12or her record of arrest sealed or expunged.
13    (g) A defendant placed on supervision and who during the
14period of supervision undergoes mandatory drug or alcohol
15testing, or both, or is assigned to be placed on an approved
16electronic monitoring device, shall be ordered to pay the
17costs incidental to such mandatory drug or alcohol testing, or
18both, and costs incidental to such approved electronic
19monitoring in accordance with the defendant's ability to pay
20those costs. The county board with the concurrence of the
21Chief Judge of the judicial circuit in which the county is
22located shall establish reasonable fees for the cost of
23maintenance, testing, and incidental expenses related to the
24mandatory drug or alcohol testing, or both, and all costs
25incidental to approved electronic monitoring, of all
26defendants placed on supervision. The concurrence of the Chief

 

 

SB1852- 56 -LRB102 13713 RAM 19063 b

1Judge shall be in the form of an administrative order. The fees
2shall be collected by the clerk of the circuit court, except as
3provided in an administrative order of the Chief Judge of the
4circuit court. The clerk of the circuit court shall pay all
5moneys collected from these fees to the county treasurer who
6shall use the moneys collected to defray the costs of drug
7testing, alcohol testing, and electronic monitoring. The
8county treasurer shall deposit the fees collected in the
9county working cash fund under Section 6-27001 or Section
106-29002 of the Counties Code, as the case may be.
11    The Chief Judge of the circuit court of the county may by
12administrative order establish a program for electronic
13monitoring of offenders, in which a vendor supplies and
14monitors the operation of the electronic monitoring device,
15and collects the fees on behalf of the county. The program
16shall include provisions for indigent offenders and the
17collection of unpaid fees. The program shall not unduly burden
18the offender and shall be subject to review by the Chief Judge.
19    The Chief Judge of the circuit court may suspend any
20additional charges or fees for late payment, interest, or
21damage to any device.
22    (h) A disposition of supervision is a final order for the
23purposes of appeal.
24    (i) The court shall impose upon a defendant placed on
25supervision after January 1, 1992 or to community service
26under the supervision of a probation or court services

 

 

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1department after January 1, 2004, as a condition of
2supervision or supervised community service, a fee of $50 for
3each month of supervision or supervised community service
4ordered by the court, unless after determining the inability
5of the person placed on supervision or supervised community
6service to pay the fee, the court assesses a lesser fee. The
7court may not impose the fee on a minor who is placed in the
8guardianship or custody of the Department of Children and
9Family Services under the Juvenile Court Act of 1987 while the
10minor is in placement. The fee shall be imposed only upon a
11defendant who is actively supervised by the probation and
12court services department. The fee shall be collected by the
13clerk of the circuit court. The clerk of the circuit court
14shall pay all monies collected from this fee to the county
15treasurer for deposit in the probation and court services fund
16pursuant to Section 15.1 of the Probation and Probation
17Officers Act.
18    A circuit court may not impose a probation fee in excess of
19$25 per month unless the circuit court has adopted, by
20administrative order issued by the chief judge, a standard
21probation fee guide determining an offender's ability to pay.
22Of the amount collected as a probation fee, not to exceed $5 of
23that fee collected per month may be used to provide services to
24crime victims and their families.
25    The Court may only waive probation fees based on an
26offender's ability to pay. The probation department may

 

 

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1re-evaluate an offender's ability to pay every 6 months, and,
2with the approval of the Director of Court Services or the
3Chief Probation Officer, adjust the monthly fee amount. An
4offender may elect to pay probation fees due in a lump sum. Any
5offender that has been assigned to the supervision of a
6probation department, or has been transferred either under
7subsection (h) of this Section or under any interstate
8compact, shall be required to pay probation fees to the
9department supervising the offender, based on the offender's
10ability to pay.
11    (j) All fines and costs imposed under this Section for any
12violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
13Code, or a similar provision of a local ordinance, and any
14violation of the Child Passenger Protection Act, or a similar
15provision of a local ordinance, shall be collected and
16disbursed by the circuit clerk as provided under the Criminal
17and Traffic Assessment Act.
18    (k) A defendant at least 17 years of age who is placed on
19supervision for a misdemeanor in a county of 3,000,000 or more
20inhabitants and who has not been previously convicted of a
21misdemeanor or felony may as a condition of his or her
22supervision be required by the court to attend educational
23courses designed to prepare the defendant for a high school
24diploma and to work toward a high school diploma or to work
25toward passing high school equivalency testing or to work
26toward completing a vocational training program approved by

 

 

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1the court. The defendant placed on supervision must attend a
2public institution of education to obtain the educational or
3vocational training required by this subsection (k). The
4defendant placed on supervision shall be required to pay for
5the cost of the educational courses or high school equivalency
6testing if a fee is charged for those courses or testing. The
7court shall revoke the supervision of a person who wilfully
8fails to comply with this subsection (k). The court shall
9resentence the defendant upon revocation of supervision as
10provided in Section 5-6-4. This subsection (k) does not apply
11to a defendant who has a high school diploma or has
12successfully passed high school equivalency testing. This
13subsection (k) does not apply to a defendant who is determined
14by the court to be a person with a developmental disability or
15otherwise mentally incapable of completing the educational or
16vocational program.
17    (l) The court shall require a defendant placed on
18supervision for possession of a substance prohibited by the
19Cannabis Control Act, the Illinois Controlled Substances Act,
20or the Methamphetamine Control and Community Protection Act
21after a previous conviction or disposition of supervision for
22possession of a substance prohibited by the Cannabis Control
23Act, the Illinois Controlled Substances Act, or the
24Methamphetamine Control and Community Protection Act or a
25sentence of probation under Section 10 of the Cannabis Control
26Act or Section 410 of the Illinois Controlled Substances Act

 

 

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1and after a finding by the court that the person is addicted,
2to undergo treatment at a substance abuse program approved by
3the court.
4    (m) The Secretary of State shall require anyone placed on
5court supervision for a violation of Section 3-707 of the
6Illinois Vehicle Code or a similar provision of a local
7ordinance to give proof of his or her financial responsibility
8as defined in Section 7-315 of the Illinois Vehicle Code. The
9proof shall be maintained by the individual in a manner
10satisfactory to the Secretary of State for a minimum period of
113 years after the date the proof is first filed. The proof
12shall be limited to a single action per arrest and may not be
13affected by any post-sentence disposition. The Secretary of
14State shall suspend the driver's license of any person
15determined by the Secretary to be in violation of this
16subsection. This subsection does not apply to a person who, at
17the time of the offense, was operating a motor vehicle
18registered in a state other than Illinois.
19    (n) Any offender placed on supervision for any offense
20that the court or probation department has determined to be
21sexually motivated as defined in the Sex Offender Management
22Board Act shall be required to refrain from any contact,
23directly or indirectly, with any persons specified by the
24court and shall be available for all evaluations and treatment
25programs required by the court or the probation department.
26    (o) An offender placed on supervision for a sex offense as

 

 

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

 

 

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1Public Act 95-464) that would qualify the accused as a child
2sex offender as defined in Section 11-9.3 or 11-9.4 of the
3Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
4ordered by the court, refrain from communicating with or
5contacting, by means of the Internet, a person who is related
6to the accused and whom the accused reasonably believes to be
7under 18 years of age. For purposes of this subsection (q),
8"Internet" has the meaning ascribed to it in Section 16-0.1 of
9the Criminal Code of 2012; and a person is related to the
10accused if the person is: (i) the spouse, brother, or sister of
11the accused; (ii) a descendant of the accused; (iii) a first or
12second cousin of the accused; or (iv) a step-child or adopted
13child of the accused.
14    (r) An offender placed on supervision for an offense under
15Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
16juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1711-21 of the Criminal Code of 1961 or the Criminal Code of
182012, or any attempt to commit any of these offenses,
19committed on or after June 1, 2009 (the effective date of
20Public Act 95-983) shall:
21        (i) not access or use a computer or any other device
22    with Internet capability without the prior written
23    approval of the court, except in connection with the
24    offender's employment or search for employment with the
25    prior approval of the court;
26        (ii) submit to periodic unannounced examinations of

 

 

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1    the offender's computer or any other device with Internet
2    capability by the offender's probation officer, a law
3    enforcement officer, or assigned computer or information
4    technology specialist, including the retrieval and copying
5    of all data from the computer or device and any internal or
6    external peripherals and removal of such information,
7    equipment, or device to conduct a more thorough
8    inspection;
9        (iii) submit to the installation on the offender's
10    computer or device with Internet capability, at the
11    offender's expense, of one or more hardware or software
12    systems to monitor the Internet use; and
13        (iv) submit to any other appropriate restrictions
14    concerning the offender's use of or access to a computer
15    or any other device with Internet capability imposed by
16    the court.
17    (s) An offender placed on supervision for an offense that
18is a sex offense as defined in Section 2 of the Sex Offender
19Registration Act that is committed on or after January 1, 2010
20(the effective date of Public Act 96-362) that requires the
21person to register as a sex offender under that Act, may not
22knowingly use any computer scrub software on any computer that
23the sex offender uses.
24    (t) An offender placed on supervision for a sex offense as
25defined in the Sex Offender Registration Act committed on or
26after January 1, 2010 (the effective date of Public Act

 

 

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196-262) shall refrain from accessing or using a social
2networking website as defined in Section 17-0.5 of the
3Criminal Code of 2012.
4    (u) Jurisdiction over an offender may be transferred from
5the sentencing court to the court of another circuit with the
6concurrence of both courts. Further transfers or retransfers
7of jurisdiction are also authorized in the same manner. The
8court to which jurisdiction has been transferred shall have
9the same powers as the sentencing court. The probation
10department within the circuit to which jurisdiction has been
11transferred may impose probation fees upon receiving the
12transferred offender, as provided in subsection (i). The
13probation department from the original sentencing court shall
14retain all probation fees collected prior to the transfer.
15(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
178-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 999. Effective date. This Act takes effect upon

 

 

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1becoming law.