102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4173

 

Introduced 2/15/2022, by Sen. Steve McClure

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-204  from Ch. 95 1/2, par. 6-204
625 ILCS 5/12-610.1

    Amends the Illinois Vehicle Code. Requires the Secretary of State to suspend the driver's license issued to a person charged with aggravated use of a wireless telephone resulting in the death of another person immediately after: an indictment has been returned by a grand jury; a preliminary hearing after which a judge finds there is probable cause to believe the person has committed one of the offenses; or the person has waived a preliminary hearing. Requires the suspension to remain in effect until the case is resolved by a sentencing hearing, a dismissal of the charge, or an entry of a not guilty verdict. Requires the Secretary of State to revoke the driver's license issued to a person convicted of aggravated use of a wireless telephone resulting in the death of another person, for not less than 3 years, commencing on the date of the person's sentencing hearing. Makes corresponding changes. Provides that the amendatory Act may be referred to as the Protz-Lidy Act.


LRB102 26292 LNS 36231 b

 

 

A BILL FOR

 

SB4173LRB102 26292 LNS 36231 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act. This Act may be referred to
5as the Protz-Lidy Act.
 
6    Section 5. The Illinois Vehicle Code is amended by
7changing Sections 6-204 and 12-610.1 as follows:
 
8    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
9    (Text of Section before amendment by P.A. 101-652)
10    Sec. 6-204. When court to forward license and reports.
11    (a) For the purpose of providing to the Secretary of State
12the records essential to the performance of the Secretary's
13duties under this Code to cancel, revoke or suspend the
14driver's license and privilege to drive motor vehicles of
15certain minors and of persons found guilty of the criminal
16offenses or traffic violations which this Code recognizes as
17evidence relating to unfitness to safely operate motor
18vehicles, the following duties are imposed upon public
19officials:
20        (1) Whenever any person is convicted of any offense
21    for which this Code makes mandatory the cancellation or
22    revocation of the driver's license or permit of such

 

 

SB4173- 2 -LRB102 26292 LNS 36231 b

1    person by the Secretary of State, the judge of the court in
2    which such conviction is had shall require the surrender
3    to the clerk of the court of all driver's licenses or
4    permits then held by the person so convicted, and the
5    clerk of the court shall, within 5 days thereafter,
6    forward the same, together with a report of such
7    conviction, to the Secretary.
8        (2) Whenever any person is convicted of any offense
9    under this Code or similar offenses under a municipal
10    ordinance, other than regulations governing standing,
11    parking or weights of vehicles, and excepting the
12    following enumerated Sections of this Code: Sections
13    11-1406 (obstruction to driver's view or control), 11-1407
14    (improper opening of door into traffic), 11-1410 (coasting
15    on downgrade), 11-1411 (following fire apparatus),
16    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
17    vehicle which is in unsafe condition or improperly
18    equipped), 12-201(a) (daytime lights on motorcycles),
19    12-202 (clearance, identification and side marker lamps),
20    12-204 (lamp or flag on projecting load), 12-205 (failure
21    to display the safety lights required), 12-401
22    (restrictions as to tire equipment), 12-502 (mirrors),
23    12-503 (windshields must be unobstructed and equipped with
24    wipers), 12-601 (horns and warning devices), 12-602
25    (mufflers, prevention of noise or smoke), 12-603 (seat
26    safety belts), 12-702 (certain vehicles to carry flares or

 

 

SB4173- 3 -LRB102 26292 LNS 36231 b

1    other warning devices), 12-703 (vehicles for oiling roads
2    operated on highways), 12-710 (splash guards and
3    replacements), 13-101 (safety tests), 15-101 (size, weight
4    and load), 15-102 (width), 15-103 (height), 15-104 (name
5    and address on second division vehicles), 15-107 (length
6    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
7    (weights), 15-112 (weights), 15-301 (weights), 15-316
8    (weights), 15-318 (weights), and also excepting the
9    following enumerated Sections of the Chicago Municipal
10    Code: Sections 27-245 (following fire apparatus), 27-254
11    (obstruction of traffic), 27-258 (driving vehicle which is
12    in unsafe condition), 27-259 (coasting on downgrade),
13    27-264 (use of horns and signal devices), 27-265
14    (obstruction to driver's view or driver mechanism), 27-267
15    (dimming of headlights), 27-268 (unattended motor
16    vehicle), 27-272 (illegal funeral procession), 27-273
17    (funeral procession on boulevard), 27-275 (driving freight
18    hauling vehicles on boulevard), 27-276 (stopping and
19    standing of buses or taxicabs), 27-277 (cruising of public
20    passenger vehicles), 27-305 (parallel parking), 27-306
21    (diagonal parking), 27-307 (parking not to obstruct
22    traffic), 27-308 (stopping, standing or parking
23    regulated), 27-311 (parking regulations), 27-312 (parking
24    regulations), 27-313 (parking regulations), 27-314
25    (parking regulations), 27-315 (parking regulations),
26    27-316 (parking regulations), 27-317 (parking

 

 

SB4173- 4 -LRB102 26292 LNS 36231 b

1    regulations), 27-318 (parking regulations), 27-319
2    (parking regulations), 27-320 (parking regulations),
3    27-321 (parking regulations), 27-322 (parking
4    regulations), 27-324 (loading and unloading at an angle),
5    27-333 (wheel and axle loads), 27-334 (load restrictions
6    in the downtown district), 27-335 (load restrictions in
7    residential areas), 27-338 (width of vehicles), 27-339
8    (height of vehicles), 27-340 (length of vehicles), 27-352
9    (reflectors on trailers), 27-353 (mufflers), 27-354
10    (display of plates), 27-355 (display of city vehicle tax
11    sticker), 27-357 (identification of vehicles), 27-358
12    (projecting of loads), and also excepting the following
13    enumerated paragraphs of Section 2-201 of the Rules and
14    Regulations of the Illinois State Toll Highway Authority:
15    (l) (driving unsafe vehicle on tollway), (m) (vehicles
16    transporting dangerous cargo not properly indicated), it
17    shall be the duty of the clerk of the court in which such
18    conviction is had within 5 days thereafter to forward to
19    the Secretary of State a report of the conviction and the
20    court may recommend the suspension of the driver's license
21    or permit of the person so convicted.
22        The reporting requirements of this subsection shall
23    apply to all violations stated in paragraphs (1) and (2)
24    of this subsection when the individual has been
25    adjudicated under the Juvenile Court Act or the Juvenile
26    Court Act of 1987. Such reporting requirements shall also

 

 

SB4173- 5 -LRB102 26292 LNS 36231 b

1    apply to individuals adjudicated under the Juvenile Court
2    Act or the Juvenile Court Act of 1987 who have committed a
3    violation of Section 11-501 of this Code, or similar
4    provision of a local ordinance, or Section 9-3 of the
5    Criminal Code of 1961 or the Criminal Code of 2012,
6    relating to the offense of reckless homicide, or Section
7    5-7 of the Snowmobile Registration and Safety Act or
8    Section 5-16 of the Boat Registration and Safety Act,
9    relating to the offense of operating a snowmobile or a
10    watercraft while under the influence of alcohol, other
11    drug or drugs, intoxicating compound or compounds, or
12    combination thereof. These reporting requirements also
13    apply to individuals adjudicated under the Juvenile Court
14    Act of 1987 based on any offense determined to have been
15    committed in furtherance of the criminal activities of an
16    organized gang, as provided in Section 5-710 of that Act,
17    if those activities involved the operation or use of a
18    motor vehicle. It shall be the duty of the clerk of the
19    court in which adjudication is had within 5 days
20    thereafter to forward to the Secretary of State a report
21    of the adjudication and the court order requiring the
22    Secretary of State to suspend the minor's driver's license
23    and driving privilege for such time as determined by the
24    court, but only until he or she attains the age of 18
25    years. All juvenile court dispositions reported to the
26    Secretary of State under this provision shall be processed

 

 

SB4173- 6 -LRB102 26292 LNS 36231 b

1    by the Secretary of State as if the cases had been
2    adjudicated in traffic or criminal court. However,
3    information reported relative to the offense of reckless
4    homicide, or Section 11-501 of this Code, or a similar
5    provision of a local ordinance, shall be privileged and
6    available only to the Secretary of State, courts, and
7    police officers.
8        The reporting requirements of this subsection (a)
9    apply to all violations listed in paragraphs (1) and (2)
10    of this subsection (a), excluding parking violations, when
11    the driver holds a CLP or CDL, regardless of the type of
12    vehicle in which the violation occurred, or when any
13    driver committed the violation in a commercial motor
14    vehicle as defined in Section 6-500 of this Code.
15        (3) Whenever an order is entered vacating the
16    forfeiture of any bail, security or bond given to secure
17    appearance for any offense under this Code or similar
18    offenses under municipal ordinance, it shall be the duty
19    of the clerk of the court in which such vacation was had or
20    the judge of such court if such court has no clerk, within
21    5 days thereafter to forward to the Secretary of State a
22    report of the vacation.
23        (4) A report of any disposition of court supervision
24    for a violation of Sections 6-303, 11-401, 11-501 or a
25    similar provision of a local ordinance, 11-503, 11-504,
26    and 11-506 of this Code, Section 5-7 of the Snowmobile

 

 

SB4173- 7 -LRB102 26292 LNS 36231 b

1    Registration and Safety Act, and Section 5-16 of the Boat
2    Registration and Safety Act shall be forwarded to the
3    Secretary of State. A report of any disposition of court
4    supervision for a violation of an offense defined as a
5    serious traffic violation in this Code or a similar
6    provision of a local ordinance committed by a person under
7    the age of 21 years shall be forwarded to the Secretary of
8    State.
9        (5) Reports of conviction under this Code and
10    sentencing hearings under the Juvenile Court Act of 1987
11    in an electronic format or a computer processible medium
12    shall be forwarded to the Secretary of State via the
13    Supreme Court in the form and format required by the
14    Illinois Supreme Court and established by a written
15    agreement between the Supreme Court and the Secretary of
16    State. In counties with a population over 300,000, instead
17    of forwarding reports to the Supreme Court, reports of
18    conviction under this Code and sentencing hearings under
19    the Juvenile Court Act of 1987 in an electronic format or a
20    computer processible medium may be forwarded to the
21    Secretary of State by the Circuit Court Clerk in a form and
22    format required by the Secretary of State and established
23    by written agreement between the Circuit Court Clerk and
24    the Secretary of State. Failure to forward the reports of
25    conviction or sentencing hearing under the Juvenile Court
26    Act of 1987 as required by this Section shall be deemed an

 

 

SB4173- 8 -LRB102 26292 LNS 36231 b

1    omission of duty and it shall be the duty of the several
2    State's Attorneys to enforce the requirements of this
3    Section.
4    (b) Whenever a restricted driving permit is forwarded to a
5court, as a result of confiscation by a police officer
6pursuant to the authority in Section 6-113(f), it shall be the
7duty of the clerk, or judge, if the court has no clerk, to
8forward such restricted driving permit and a facsimile of the
9officer's citation to the Secretary of State as expeditiously
10as practicable.
11    (c) For the purposes of this Code, a forfeiture of bail or
12collateral deposited to secure a defendant's appearance in
13court when forfeiture has not been vacated, or the failure of a
14defendant to appear for trial after depositing his driver's
15license in lieu of other bail, shall be equivalent to a
16conviction.
17    (d) For the purpose of providing the Secretary of State
18with records necessary to properly monitor and assess driver
19performance and assist the courts in the proper disposition of
20repeat traffic law offenders, the clerk of the court shall
21forward to the Secretary of State, on a form prescribed by the
22Secretary, records of a driver's participation in a driver
23remedial or rehabilitative program which was required, through
24a court order or court supervision, in relation to the
25driver's arrest for a violation of Section 11-501 of this Code
26or a similar provision of a local ordinance. The clerk of the

 

 

SB4173- 9 -LRB102 26292 LNS 36231 b

1court shall also forward to the Secretary, either on paper or
2in an electronic format or a computer processible medium as
3required under paragraph (5) of subsection (a) of this
4Section, any disposition of court supervision for any traffic
5violation, excluding those offenses listed in paragraph (2) of
6subsection (a) of this Section. These reports shall be sent
7within 5 days after disposition, or, if the driver is referred
8to a driver remedial or rehabilitative program, within 5 days
9of the driver's referral to that program. These reports
10received by the Secretary of State, including those required
11to be forwarded under paragraph (a)(4), shall be privileged
12information, available only (i) to the affected driver, (ii)
13to the parent or guardian of a person under the age of 18 years
14holding an instruction permit or a graduated driver's license,
15and (iii) for use by the courts, police officers, prosecuting
16authorities, the Secretary of State, and the driver licensing
17administrator of any other state. In accordance with 49 C.F.R.
18Part 384, all reports of court supervision, except violations
19related to parking, shall be forwarded to the Secretary of
20State for all holders of a CLP or CDL or any driver who commits
21an offense while driving a commercial motor vehicle. These
22reports shall be recorded to the driver's record as a
23conviction for use in the disqualification of the driver's
24commercial motor vehicle privileges and shall not be
25privileged information.
26(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 

 

 

SB4173- 10 -LRB102 26292 LNS 36231 b

1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 6-204. When court to forward license and reports.
3    (a) For the purpose of providing to the Secretary of State
4the records essential to the performance of the Secretary's
5duties under this Code to cancel, revoke or suspend the
6driver's license and privilege to drive motor vehicles of
7certain minors and of persons found guilty of the criminal
8offenses or traffic violations which this Code recognizes as
9evidence relating to unfitness to safely operate motor
10vehicles, the following duties are imposed upon public
11officials:
12        (1) Whenever any person is convicted of any offense
13    for which this Code makes mandatory the cancellation or
14    revocation of the driver's license or permit of such
15    person by the Secretary of State, the judge of the court in
16    which such conviction is had shall require the surrender
17    to the clerk of the court of all driver's licenses or
18    permits then held by the person so convicted, and the
19    clerk of the court shall, within 5 days thereafter,
20    forward the same, together with a report of such
21    conviction, to the Secretary.
22        (2) Whenever any person is convicted of any offense
23    under this Code or similar offenses under a municipal
24    ordinance, other than regulations governing standing,
25    parking or weights of vehicles, and excepting the

 

 

SB4173- 11 -LRB102 26292 LNS 36231 b

1    following enumerated Sections of this Code: Sections
2    11-1406 (obstruction to driver's view or control), 11-1407
3    (improper opening of door into traffic), 11-1410 (coasting
4    on downgrade), 11-1411 (following fire apparatus),
5    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
6    vehicle which is in unsafe condition or improperly
7    equipped), 12-201(a) (daytime lights on motorcycles),
8    12-202 (clearance, identification and side marker lamps),
9    12-204 (lamp or flag on projecting load), 12-205 (failure
10    to display the safety lights required), 12-401
11    (restrictions as to tire equipment), 12-502 (mirrors),
12    12-503 (windshields must be unobstructed and equipped with
13    wipers), 12-601 (horns and warning devices), 12-602
14    (mufflers, prevention of noise or smoke), 12-603 (seat
15    safety belts), 12-702 (certain vehicles to carry flares or
16    other warning devices), 12-703 (vehicles for oiling roads
17    operated on highways), 12-710 (splash guards and
18    replacements), 13-101 (safety tests), 15-101 (size, weight
19    and load), 15-102 (width), 15-103 (height), 15-104 (name
20    and address on second division vehicles), 15-107 (length
21    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
22    (weights), 15-112 (weights), 15-301 (weights), 15-316
23    (weights), 15-318 (weights), and also excepting the
24    following enumerated Sections of the Chicago Municipal
25    Code: Sections 27-245 (following fire apparatus), 27-254
26    (obstruction of traffic), 27-258 (driving vehicle which is

 

 

SB4173- 12 -LRB102 26292 LNS 36231 b

1    in unsafe condition), 27-259 (coasting on downgrade),
2    27-264 (use of horns and signal devices), 27-265
3    (obstruction to driver's view or driver mechanism), 27-267
4    (dimming of headlights), 27-268 (unattended motor
5    vehicle), 27-272 (illegal funeral procession), 27-273
6    (funeral procession on boulevard), 27-275 (driving freight
7    hauling vehicles on boulevard), 27-276 (stopping and
8    standing of buses or taxicabs), 27-277 (cruising of public
9    passenger vehicles), 27-305 (parallel parking), 27-306
10    (diagonal parking), 27-307 (parking not to obstruct
11    traffic), 27-308 (stopping, standing or parking
12    regulated), 27-311 (parking regulations), 27-312 (parking
13    regulations), 27-313 (parking regulations), 27-314
14    (parking regulations), 27-315 (parking regulations),
15    27-316 (parking regulations), 27-317 (parking
16    regulations), 27-318 (parking regulations), 27-319
17    (parking regulations), 27-320 (parking regulations),
18    27-321 (parking regulations), 27-322 (parking
19    regulations), 27-324 (loading and unloading at an angle),
20    27-333 (wheel and axle loads), 27-334 (load restrictions
21    in the downtown district), 27-335 (load restrictions in
22    residential areas), 27-338 (width of vehicles), 27-339
23    (height of vehicles), 27-340 (length of vehicles), 27-352
24    (reflectors on trailers), 27-353 (mufflers), 27-354
25    (display of plates), 27-355 (display of city vehicle tax
26    sticker), 27-357 (identification of vehicles), 27-358

 

 

SB4173- 13 -LRB102 26292 LNS 36231 b

1    (projecting of loads), and also excepting the following
2    enumerated paragraphs of Section 2-201 of the Rules and
3    Regulations of the Illinois State Toll Highway Authority:
4    (l) (driving unsafe vehicle on tollway), (m) (vehicles
5    transporting dangerous cargo not properly indicated), it
6    shall be the duty of the clerk of the court in which such
7    conviction is had within 5 days thereafter to forward to
8    the Secretary of State a report of the conviction and the
9    court may recommend the suspension of the driver's license
10    or permit of the person so convicted.
11        The reporting requirements of this subsection shall
12    apply to all violations stated in paragraphs (1) and (2)
13    of this subsection when the individual has been
14    adjudicated under the Juvenile Court Act or the Juvenile
15    Court Act of 1987. Such reporting requirements shall also
16    apply to individuals adjudicated under the Juvenile Court
17    Act or the Juvenile Court Act of 1987 who have committed a
18    violation of Section 11-501 of this Code, or similar
19    provision of a local ordinance, or Section 9-3 of the
20    Criminal Code of 1961 or the Criminal Code of 2012,
21    relating to the offense of reckless homicide, or Section
22    5-7 of the Snowmobile Registration and Safety Act or
23    Section 5-16 of the Boat Registration and Safety Act,
24    relating to the offense of operating a snowmobile or a
25    watercraft while under the influence of alcohol, other
26    drug or drugs, intoxicating compound or compounds, or

 

 

SB4173- 14 -LRB102 26292 LNS 36231 b

1    combination thereof. These reporting requirements also
2    apply to individuals adjudicated under the Juvenile Court
3    Act of 1987 based on any offense determined to have been
4    committed in furtherance of the criminal activities of an
5    organized gang, as provided in Section 5-710 of that Act,
6    if those activities involved the operation or use of a
7    motor vehicle. It shall be the duty of the clerk of the
8    court in which adjudication is had within 5 days
9    thereafter to forward to the Secretary of State a report
10    of the adjudication and the court order requiring the
11    Secretary of State to suspend the minor's driver's license
12    and driving privilege for such time as determined by the
13    court, but only until he or she attains the age of 18
14    years. All juvenile court dispositions reported to the
15    Secretary of State under this provision shall be processed
16    by the Secretary of State as if the cases had been
17    adjudicated in traffic or criminal court. However,
18    information reported relative to the offense of reckless
19    homicide, or Section 11-501 of this Code, or a similar
20    provision of a local ordinance, shall be privileged and
21    available only to the Secretary of State, courts, and
22    police officers.
23        The reporting requirements of this subsection (a)
24    apply to all violations listed in paragraphs (1) and (2)
25    of this subsection (a), excluding parking violations, when
26    the driver holds a CLP or CDL, regardless of the type of

 

 

SB4173- 15 -LRB102 26292 LNS 36231 b

1    vehicle in which the violation occurred, or when any
2    driver committed the violation in a commercial motor
3    vehicle as defined in Section 6-500 of this Code.
4        (2.5) Whenever a person is charged with aggravated use
5    of a wireless telephone resulting in the death of another
6    person under subsection (b-5) or (e-5) of Section
7    12-610.1, after an indictment has been returned by a grand
8    jury, or following a hearing pursuant to Section 109-3 of
9    the Code of Criminal Procedure of 1963 after which a judge
10    finds there is probable cause to believe a person has
11    committed one of the offenses, or the person has waived a
12    preliminary hearing, it shall be the duty of the clerk of
13    court in which the indictment, finding of probable cause,
14    or waiver was entered, within 5 days thereafter, to
15    forward to the Secretary of State a report of the
16    indictment, finding of probable cause, or waiver.
17        (3) Whenever an order is entered vacating the
18    conditions of pretrial release given to secure appearance
19    for any offense under this Code or similar offenses under
20    municipal ordinance, it shall be the duty of the clerk of
21    the court in which such vacation was had or the judge of
22    such court if such court has no clerk, within 5 days
23    thereafter to forward to the Secretary of State a report
24    of the vacation.
25        (4) A report of any disposition of court supervision
26    for a violation of Sections 6-303, 11-401, 11-501 or a

 

 

SB4173- 16 -LRB102 26292 LNS 36231 b

1    similar provision of a local ordinance, 11-503, 11-504,
2    and 11-506 of this Code, Section 5-7 of the Snowmobile
3    Registration and Safety Act, and Section 5-16 of the Boat
4    Registration and Safety Act shall be forwarded to the
5    Secretary of State. A report of any disposition of court
6    supervision for a violation of an offense defined as a
7    serious traffic violation in this Code or a similar
8    provision of a local ordinance committed by a person under
9    the age of 21 years shall be forwarded to the Secretary of
10    State.
11        (5) Reports of conviction under this Code and
12    sentencing hearings under the Juvenile Court Act of 1987
13    in an electronic format or a computer processible medium
14    shall be forwarded to the Secretary of State via the
15    Supreme Court in the form and format required by the
16    Illinois Supreme Court and established by a written
17    agreement between the Supreme Court and the Secretary of
18    State. In counties with a population over 300,000, instead
19    of forwarding reports to the Supreme Court, reports of
20    conviction under this Code and sentencing hearings under
21    the Juvenile Court Act of 1987 in an electronic format or a
22    computer processible medium may be forwarded to the
23    Secretary of State by the Circuit Court Clerk in a form and
24    format required by the Secretary of State and established
25    by written agreement between the Circuit Court Clerk and
26    the Secretary of State. Failure to forward the reports of

 

 

SB4173- 17 -LRB102 26292 LNS 36231 b

1    conviction or sentencing hearing under the Juvenile Court
2    Act of 1987 as required by this Section shall be deemed an
3    omission of duty and it shall be the duty of the several
4    State's Attorneys to enforce the requirements of this
5    Section.
6    (b) Whenever a restricted driving permit is forwarded to a
7court, as a result of confiscation by a police officer
8pursuant to the authority in Section 6-113(f), it shall be the
9duty of the clerk, or judge, if the court has no clerk, to
10forward such restricted driving permit and a facsimile of the
11officer's citation to the Secretary of State as expeditiously
12as practicable.
13    (c) For the purposes of this Code, a violation of the
14conditions of pretrial release when the conditions of pretrial
15release have not been vacated, or the failure of a defendant to
16appear for trial after depositing his driver's license in lieu
17of other bail, shall be equivalent to a conviction.
18    (d) For the purpose of providing the Secretary of State
19with records necessary to properly monitor and assess driver
20performance and assist the courts in the proper disposition of
21repeat traffic law offenders, the clerk of the court shall
22forward to the Secretary of State, on a form prescribed by the
23Secretary, records of a driver's participation in a driver
24remedial or rehabilitative program which was required, through
25a court order or court supervision, in relation to the
26driver's arrest for a violation of Section 11-501 of this Code

 

 

SB4173- 18 -LRB102 26292 LNS 36231 b

1or a similar provision of a local ordinance. The clerk of the
2court shall also forward to the Secretary, either on paper or
3in an electronic format or a computer processible medium as
4required under paragraph (5) of subsection (a) of this
5Section, any disposition of court supervision for any traffic
6violation, excluding those offenses listed in paragraph (2) of
7subsection (a) of this Section. These reports shall be sent
8within 5 days after disposition, or, if the driver is referred
9to a driver remedial or rehabilitative program, within 5 days
10of the driver's referral to that program. These reports
11received by the Secretary of State, including those required
12to be forwarded under paragraph (a)(4), shall be privileged
13information, available only (i) to the affected driver, (ii)
14to the parent or guardian of a person under the age of 18 years
15holding an instruction permit or a graduated driver's license,
16and (iii) for use by the courts, police officers, prosecuting
17authorities, the Secretary of State, and the driver licensing
18administrator of any other state. In accordance with 49 C.F.R.
19Part 384, all reports of court supervision, except violations
20related to parking, shall be forwarded to the Secretary of
21State for all holders of a CLP or CDL or any driver who commits
22an offense while driving a commercial motor vehicle. These
23reports shall be recorded to the driver's record as a
24conviction for use in the disqualification of the driver's
25commercial motor vehicle privileges and shall not be
26privileged information.

 

 

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1(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
2101-652, eff. 1-1-23.)
 
3    (625 ILCS 5/12-610.1)
4    Sec. 12-610.1. Wireless telephones.
5    (a) As used in this Section, "wireless telephone" means a
6device that is capable of transmitting or receiving telephonic
7communications without a wire connecting the device to the
8telephone network.
9    (b) A person under the age of 19 years who holds an
10instruction permit issued under Section 6-105 or 6-107.1, or a
11person under the age of 19 years who holds a graduated license
12issued under Section 6-107, may not drive a vehicle on a
13roadway while using a wireless phone.
14    (b-5) A person under the age of 19 commits aggravated use
15of a wireless telephone when he or she violates subsection (b)
16and in committing the violation he or she was involved in a
17motor vehicle accident that results in great bodily harm,
18permanent disability, disfigurement, or death to another and
19the violation was a proximate cause of the injury or death.
20    (c) This Section does not apply to a person under the age
21of 19 years using a wireless telephone for emergency purposes,
22including, but not limited to, an emergency call to a law
23enforcement agency, health care provider, fire department, or
24other emergency services agency or entity.
25    (d) If a graduated driver's license holder over the age of

 

 

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118 committed an offense against traffic regulations governing
2the movement of vehicles or any violation of Section 6-107 or
3Section 12-603.1 of this Code in the 6 months prior to the
4graduated driver's license holder's 18th birthday, and was
5subsequently convicted of the violation, the provisions of
6paragraph (b) shall continue to apply until such time as a
7period of 6 consecutive months has elapsed without an
8additional violation and subsequent conviction of an offense
9against traffic regulations governing the movement of vehicles
10or any violation of Section 6-107 or Section 12-603.1 of this
11Code.
12    (e) A person, regardless of age, may not use a wireless
13telephone at any time while operating a motor vehicle on a
14roadway in a school speed zone established under Section
1511-605, on a highway in a construction or maintenance speed
16zone established under Section 11-605.1, or within 500 feet of
17an emergency scene. As used in this Section, "emergency scene"
18means a location where an authorized emergency vehicle as
19defined by Section 1-105 of this Code is present and has
20activated its oscillating, rotating, or flashing lights. This
21subsection (e) does not apply to (i) a person engaged in a
22highway construction or maintenance project for which a
23construction or maintenance speed zone has been established
24under Section 11-605.1, (ii) a person using a wireless
25telephone for emergency purposes, including, but not limited
26to, law enforcement agency, health care provider, fire

 

 

SB4173- 21 -LRB102 26292 LNS 36231 b

1department, or other emergency services agency or entity,
2(iii) a law enforcement officer or operator of an emergency
3vehicle when performing the officer's or operator's official
4duties, (iv) a person using a wireless telephone in
5voice-operated mode, which may include the use of a headset,
6(v) a person using a wireless telephone by pressing a single
7button to initiate or terminate a voice communication, or (vi)
8a person using an electronic communication device for the sole
9purpose of reporting an emergency situation and continued
10communication with emergency personnel during the emergency
11situation.
12    (e-5) A person commits aggravated use of a wireless
13telephone when he or she violates subsection (e) and in
14committing the violation he or she was involved in a motor
15vehicle accident that results in great bodily harm, permanent
16disability, disfigurement, or death to another and the
17violation was a proximate cause of the injury or death.
18    (f) A person convicted of violating subsection (b-5) or
19(e-5) commits a Class A misdemeanor if the violation resulted
20in great bodily harm, permanent disability, or disfigurement
21to another. A person convicted of violating subsection (b-5)
22or (e-5) commits a Class 4 felony if the violation resulted in
23the death of another person.
24    (g) The Secretary of State shall suspend the driver's
25license issued to a person charged with aggravated use of a
26wireless telephone resulting in the death of another person

 

 

SB4173- 22 -LRB102 26292 LNS 36231 b

1under subsection (b-5) or (e-5) of this Section, immediately
2after: an indictment has been returned by a grand jury;
3following a hearing pursuant to Section 109-3 of the Code of
4Criminal Procedure of 1963 after which a judge finds there is
5probable cause to believe the person has committed one of the
6offenses; or the person has waived a preliminary hearing. The
7suspension shall remain in effect until the case is resolved
8by a sentencing hearing, a dismissal of the charge, or an entry
9of a not guilty verdict. The Secretary of State shall revoke
10the driver's license issued to a person convicted of
11aggravated use of a wireless telephone resulting in death
12under subsection (b-5) or (e-5) for not less than 3 years,
13commencing on the date of the person's sentencing hearing.
14(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13;
1598-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.