HB3945 EngrossedLRB097 15048 HEP 60121 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 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 12-4.3(b)(1) and (2)
21        of the Criminal Code of 1961 (as those provisions
22        existed before their deletion by Public Act 89-313),
23        Section 10-102 of the Illinois Alcoholism and Other
24        Drug Dependency Act, Section 40-10 of the Alcoholism
25        and Other Drug Abuse and Dependency Act, or Section 10
26        of the Steroid Control Act. For the purpose of this

 

 

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1        Section, "successful completion" of an order of
2        qualified probation under Section 10-102 of the
3        Illinois Alcoholism and Other Drug Dependency Act and
4        Section 40-10 of the Alcoholism and Other Drug Abuse
5        and Dependency Act means that the probation was
6        terminated satisfactorily and the judgment of
7        conviction was vacated.
8            (K) "Seal" means to physically and electronically
9        maintain the records, unless the records would
10        otherwise be destroyed due to age, but to make the
11        records unavailable without a court order, subject to
12        the exceptions in Sections 12 and 13 of this Act. The
13        petitioner's name shall also be obliterated from the
14        official index required to be kept by the circuit court
15        clerk under Section 16 of the Clerks of Courts Act, but
16        any index issued by the circuit court clerk before the
17        entry of the order to seal shall not be affected.
18            (L) "Sexual offense committed against a minor"
19        includes but is not limited to the offenses of indecent
20        solicitation of a child or criminal sexual abuse when
21        the victim of such offense is under 18 years of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section.

 

 

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1        (2) Minor Traffic Offenses. Orders of supervision or
2    convictions for minor traffic offenses shall not affect a
3    petitioner's eligibility to expunge or seal records
4    pursuant to this Section.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), and (e) of this Section, the
7    court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge for the violation of Section 11-503 or
17        a similar provision of a local ordinance occurred prior
18        to the offender reaching the age of 25 years and the
19        offender has no other conviction for violating Section
20        11-501 or 11-503 of the Illinois Vehicle Code or a
21        similar provision of a local ordinance.
22            (B) the sealing or expungement of records of minor
23        traffic offenses (as defined in subsection (a)(1)(G)),
24        unless the petitioner was arrested and released
25        without charging.
26            (C) the sealing of the records of arrests or

 

 

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1        charges not initiated by arrest which result in an
2        order of supervision, an order of qualified probation
3        (as defined in subsection (a)(1)(J)), or a conviction
4        for the following offenses:
5                (i) offenses included in Article 11 of the
6            Criminal Code of 1961 or a similar provision of a
7            local ordinance, except Section 11-14 of the
8            Criminal Code of 1961 or a similar provision of a
9            local ordinance;
10                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
11            26-5 of the Criminal Code of 1961 or a similar
12            provision of a local ordinance;
13                (iii) offenses defined as "crimes of violence"
14            in Section 2 of the Crime Victims Compensation Act
15            or a similar provision of a local ordinance;
16                (iv) offenses which are Class A misdemeanors
17            under the Humane Care for Animals Act; or
18                (v) any offense or attempted offense that
19            would subject a person to registration under the
20            Sex Offender Registration Act.
21            (D) the sealing of the records of an arrest which
22        results in the petitioner being charged with a felony
23        offense or records of a charge not initiated by arrest
24        for a felony offense unless:
25                (i) the charge is amended to a misdemeanor and
26            is otherwise eligible to be sealed pursuant to

 

 

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1            subsection (c);
2                (ii) the charge is brought along with another
3            charge as a part of one case and the charge results
4            in acquittal, dismissal, or conviction when the
5            conviction was reversed or vacated, and another
6            charge brought in the same case results in a
7            disposition for a misdemeanor offense that is
8            eligible to be sealed pursuant to subsection (c) or
9            a disposition listed in paragraph (i), (iii), or
10            (iv) of this subsection;
11                (iii) the charge results in first offender
12            probation as set forth in subsection (c)(2)(E);
13                (iv) the charge is for a Class 4 felony offense
14            listed in subsection (c)(2)(F) or the charge is
15            amended to a Class 4 felony offense listed in
16            subsection (c)(2)(F). Records of arrests which
17            result in the petitioner being charged with a Class
18            4 felony offense listed in subsection (c)(2)(F),
19            records of charges not initiated by arrest for
20            Class 4 felony offenses listed in subsection
21            (c)(2)(F), and records of charges amended to a
22            Class 4 felony offense listed in (c)(2)(F) may be
23            sealed, regardless of the disposition, subject to
24            any waiting periods set forth in subsection
25            (c)(3);
26                (v) the charge results in acquittal,

 

 

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1            dismissal, or the petitioner's release without
2            conviction; or
3                (vi) the charge results in a conviction, but
4            the conviction was reversed or vacated.
5    (b) Expungement.
6        (1) A petitioner may petition the circuit court to
7    expunge the records of his or her arrests and charges not
8    initiated by arrest when:
9            (A) He or she has never been convicted of a
10        criminal offense; and
11            (B) Each arrest or charge not initiated by arrest
12        sought to be expunged resulted in: (i) acquittal,
13        dismissal, or the petitioner's release without
14        charging, unless excluded by subsection (a)(3)(B);
15        (ii) a conviction which was vacated or reversed, unless
16        excluded by subsection (a)(3)(B); (iii) an order of
17        supervision and such supervision was successfully
18        completed by the petitioner, unless excluded by
19        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
20        qualified probation (as defined in subsection
21        (a)(1)(J)) and such probation was successfully
22        completed by the petitioner.
23        (2) Time frame for filing a petition to expunge.
24            (A) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an acquittal,
26        dismissal, the petitioner's release without charging,

 

 

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1        or the reversal or vacation of a conviction, there is
2        no waiting period to petition for the expungement of
3        such records.
4            (B) When the arrest or charge not initiated by
5        arrest sought to be expunged resulted in an order of
6        supervision, successfully completed by the petitioner,
7        the following time frames will apply:
8                (i) Those arrests or charges that resulted in
9            orders of supervision under Section 3-707, 3-708,
10            3-710, or 5-401.3 of the Illinois Vehicle Code or a
11            similar provision of a local ordinance, or under
12            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
13            Code of 1961 or a similar provision of a local
14            ordinance, shall not be eligible for expungement
15            until 5 years have passed following the
16            satisfactory termination of the supervision.
17                (ii) Those arrests or charges that resulted in
18            orders of supervision for any other offenses shall
19            not be eligible for expungement until 2 years have
20            passed following the satisfactory termination of
21            the supervision.
22            (C) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an order of
24        qualified probation, successfully completed by the
25        petitioner, such records shall not be eligible for
26        expungement until 5 years have passed following the

 

 

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1        satisfactory termination of the probation.
2        (3) Those records maintained by the Department for
3    persons arrested prior to their 17th birthday shall be
4    expunged as provided in Section 5-915 of the Juvenile Court
5    Act of 1987.
6        (4) Whenever a person has been arrested for or
7    convicted of any offense, in the name of a person whose
8    identity he or she has stolen or otherwise come into
9    possession of, the aggrieved person from whom the identity
10    was stolen or otherwise obtained without authorization,
11    upon learning of the person having been arrested using his
12    or her identity, may, upon verified petition to the chief
13    judge of the circuit wherein the arrest was made, have a
14    court order entered nunc pro tunc by the Chief Judge to
15    correct the arrest record, conviction record, if any, and
16    all official records of the arresting authority, the
17    Department, other criminal justice agencies, the
18    prosecutor, and the trial court concerning such arrest, if
19    any, by removing his or her name from all such records in
20    connection with the arrest and conviction, if any, and by
21    inserting in the records the name of the offender, if known
22    or ascertainable, in lieu of the aggrieved's name. The
23    records of the circuit court clerk shall be sealed until
24    further order of the court upon good cause shown and the
25    name of the aggrieved person obliterated on the official
26    index required to be kept by the circuit court clerk under

 

 

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1    Section 16 of the Clerks of Courts Act, but the order shall
2    not affect any index issued by the circuit court clerk
3    before the entry of the order. Nothing in this Section
4    shall limit the Department of State Police or other
5    criminal justice agencies or prosecutors from listing
6    under an offender's name the false names he or she has
7    used.
8        (5) Whenever a person has been convicted of criminal
9    sexual assault, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, criminal
11    sexual abuse, or aggravated criminal sexual abuse, the
12    victim of that offense may request that the State's
13    Attorney of the county in which the conviction occurred
14    file a verified petition with the presiding trial judge at
15    the petitioner's trial to have a court order entered to
16    seal the records of the circuit court clerk in connection
17    with the proceedings of the trial court concerning that
18    offense. However, the records of the arresting authority
19    and the Department of State Police concerning the offense
20    shall not be sealed. The court, upon good cause shown,
21    shall make the records of the circuit court clerk in
22    connection with the proceedings of the trial court
23    concerning the offense available for public inspection.
24        (6) If a conviction has been set aside on direct review
25    or on collateral attack and the court determines by clear
26    and convincing evidence that the petitioner was factually

 

 

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1    innocent of the charge, the court shall enter an
2    expungement order as provided in subsection (b) of Section
3    5-5-4 of the Unified Code of Corrections.
4        (7) Nothing in this Section shall prevent the
5    Department of State Police from maintaining all records of
6    any person who is admitted to probation upon terms and
7    conditions and who fulfills those terms and conditions
8    pursuant to Section 10 of the Cannabis Control Act, Section
9    410 of the Illinois Controlled Substances Act, Section 70
10    of the Methamphetamine Control and Community Protection
11    Act, Section 12-4.3 or subdivision (b)(1) of Section
12    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
13    Illinois Alcoholism and Other Drug Dependency Act, Section
14    40-10 of the Alcoholism and Other Drug Abuse and Dependency
15    Act, or Section 10 of the Steroid Control Act.
16    (c) Sealing.
17        (1) Applicability. Notwithstanding any other provision
18    of this Act to the contrary, and cumulative with any rights
19    to expungement of criminal records, this subsection
20    authorizes the sealing of criminal records of adults and of
21    minors prosecuted as adults.
22        (2) Eligible Records. The following records may be
23    sealed:
24            (A) All arrests resulting in release without
25        charging;
26            (B) Arrests or charges not initiated by arrest

 

 

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1        resulting in acquittal, dismissal, or conviction when
2        the conviction was reversed or vacated, except as
3        excluded by subsection (a)(3)(B);
4            (C) Arrests or charges not initiated by arrest
5        resulting in orders of supervision successfully
6        completed by the petitioner, unless excluded by
7        subsection (a)(3);
8            (D) Arrests or charges not initiated by arrest
9        resulting in convictions unless excluded by subsection
10        (a)(3);
11            (E) Arrests or charges not initiated by arrest
12        resulting in orders of first offender probation under
13        Section 10 of the Cannabis Control Act, Section 410 of
14        the Illinois Controlled Substances Act, or Section 70
15        of the Methamphetamine Control and Community
16        Protection Act; and
17            (F) Arrests or charges not initiated by arrest
18        resulting in Class 4 felony convictions for the
19        following offenses:
20                (i) Section 11-14 of the Criminal Code of 1961;
21                (ii) Section 4 of the Cannabis Control Act;
22                (iii) Section 402 of the Illinois Controlled
23            Substances Act;
24                (iv) the Methamphetamine Precursor Control
25            Act; and
26                (v) the Steroid Control Act.

 

 

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1        (3) When Records Are Eligible to Be Sealed. Records
2    identified as eligible under subsection (c)(2) may be
3    sealed as follows:
4            (A) Records identified as eligible under
5        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
6        time.
7            (B) Records identified as eligible under
8        subsection (c)(2)(C) may be sealed (i) 3 years after
9        the termination of petitioner's last sentence (as
10        defined in subsection (a)(1)(F)) if the petitioner has
11        never been convicted of a criminal offense (as defined
12        in subsection (a)(1)(D)); or (ii) 4 years after the
13        termination of the petitioner's last sentence (as
14        defined in subsection (a)(1)(F)) if the petitioner has
15        ever been convicted of a criminal offense (as defined
16        in subsection (a)(1)(D)).
17            (C) Records identified as eligible under
18        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
19        sealed 4 years after the termination of the
20        petitioner's last sentence (as defined in subsection
21        (a)(1)(F)).
22            (D) Records identified in subsection
23        (a)(3)(A)(iii) may be sealed after the petitioner has
24        reached the age of 25 years.
25        (4) Subsequent felony convictions. A person may not
26    have subsequent felony conviction records sealed as

 

 

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1    provided in this subsection (c) if he or she is convicted
2    of any felony offense after the date of the sealing of
3    prior felony convictions as provided in this subsection
4    (c). The court may, upon conviction for a subsequent felony
5    offense, order the unsealing of prior felony conviction
6    records previously ordered sealed by the court.
7        (5) Notice of eligibility for sealing. Upon entry of a
8    disposition for an eligible record under this subsection
9    (c), the petitioner shall be informed by the court of the
10    right to have the records sealed and the procedures for the
11    sealing of the records.
12    (d) Procedure. The following procedures apply to
13expungement under subsections (b) and (e), and sealing under
14subsection (c):
15        (1) Filing the petition. Upon becoming eligible to
16    petition for the expungement or sealing of records under
17    this Section, the petitioner shall file a petition
18    requesting the expungement or sealing of records with the
19    clerk of the court where the arrests occurred or the
20    charges were brought, or both. If arrests occurred or
21    charges were brought in multiple jurisdictions, a petition
22    must be filed in each such jurisdiction. The petitioner
23    shall pay the applicable fee, if not waived.
24        (2) Contents of petition. The petition shall be
25    verified and shall contain the petitioner's name, date of
26    birth, current address and, for each arrest or charge not

 

 

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1    initiated by arrest sought to be sealed or expunged, the
2    case number, the date of arrest (if any), the identity of
3    the arresting authority, and such other information as the
4    court may require. During the pendency of the proceeding,
5    the petitioner shall promptly notify the circuit court
6    clerk of any change of his or her address.
7        (3) Drug test. The petitioner must attach to the
8    petition proof that the petitioner has passed a test taken
9    within 30 days before the filing of the petition showing
10    the absence within his or her body of all illegal
11    substances as defined by the Illinois Controlled
12    Substances Act, the Methamphetamine Control and Community
13    Protection Act, and the Cannabis Control Act if he or she
14    is petitioning to seal felony records pursuant to clause
15    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
16    petitioning to expunge felony records of a qualified
17    probation pursuant to clause (b)(1)(B)(iv).
18        (4) Service of petition. The circuit court clerk shall
19    promptly serve a copy of the petition on the State's
20    Attorney or prosecutor charged with the duty of prosecuting
21    the offense, the Department of State Police, the arresting
22    agency and the chief legal officer of the unit of local
23    government effecting the arrest.
24        (5) Objections.
25            (A) Any party entitled to notice of the petition
26        may file an objection to the petition. All objections

 

 

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1        shall be in writing, shall be filed with the circuit
2        court clerk, and shall state with specificity the basis
3        of the objection.
4            (B) Objections to a petition to expunge or seal
5        must be filed within 60 days of the date of service of
6        the petition.
7        (6) Entry of order.
8            (A) The Chief Judge of the circuit wherein the
9        charge was brought, any judge of that circuit
10        designated by the Chief Judge, or in counties of less
11        than 3,000,000 inhabitants, the presiding trial judge
12        at the petitioner's trial, if any, shall rule on the
13        petition to expunge or seal as set forth in this
14        subsection (d)(6).
15            (B) Unless the State's Attorney or prosecutor, the
16        Department of State Police, the arresting agency, or
17        the chief legal officer files an objection to the
18        petition to expunge or seal within 60 days from the
19        date of service of the petition, the court shall enter
20        an order granting or denying the petition.
21        (7) Hearings. If an objection is filed, the court shall
22    set a date for a hearing and notify the petitioner and all
23    parties entitled to notice of the petition of the hearing
24    date at least 30 days prior to the hearing, and shall hear
25    evidence on whether the petition should or should not be
26    granted, and shall grant or deny the petition to expunge or

 

 

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1    seal the records based on the evidence presented at the
2    hearing.
3        (8) Service of order. After entering an order to
4    expunge or seal records, the court must provide copies of
5    the order to the Department, in a form and manner
6    prescribed by the Department, to the petitioner, to the
7    State's Attorney or prosecutor charged with the duty of
8    prosecuting the offense, to the arresting agency, to the
9    chief legal officer of the unit of local government
10    effecting the arrest, and to such other criminal justice
11    agencies as may be ordered by the court.
12        (9) Effect of order.
13            (A) Upon entry of an order to expunge records
14        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency,
17            the Department, and any other agency as ordered by
18            the court, within 60 days of the date of service of
19            the order, unless a motion to vacate, modify, or
20            reconsider the order is filed pursuant to
21            paragraph (12) of subsection (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the court
24            upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

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1            under Section 16 of the Clerks of Courts Act, but
2            the order shall not affect any index issued by the
3            circuit court clerk before the entry of the order;
4            and
5                (iii) in response to an inquiry for expunged
6            records, the court, the Department, or the agency
7            receiving such inquiry, shall reply as it does in
8            response to inquiries when no records ever
9            existed.
10            (B) Upon entry of an order to expunge records
11        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
12                (i) the records shall be expunged (as defined
13            in subsection (a)(1)(E)) by the arresting agency
14            and any other agency as ordered by the court,
15            within 60 days of the date of service of the order,
16            unless a motion to vacate, modify, or reconsider
17            the order is filed pursuant to paragraph (12) of
18            subsection (d) of this Section;
19                (ii) the records of the circuit court clerk
20            shall be impounded until further order of the court
21            upon good cause shown and the name of the
22            petitioner obliterated on the official index
23            required to be kept by the circuit court clerk
24            under Section 16 of the Clerks of Courts Act, but
25            the order shall not affect any index issued by the
26            circuit court clerk before the entry of the order;

 

 

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1                (iii) the records shall be impounded by the
2            Department within 60 days of the date of service of
3            the order as ordered by the court, unless a motion
4            to vacate, modify, or reconsider the order is filed
5            pursuant to paragraph (12) of subsection (d) of
6            this Section;
7                (iv) records impounded by the Department may
8            be disseminated by the Department only as required
9            by law or to the arresting authority, the State's
10            Attorney, and the court upon a later arrest for the
11            same or a similar offense or for the purpose of
12            sentencing for any subsequent felony, and to the
13            Department of Corrections upon conviction for any
14            offense; and
15                (v) in response to an inquiry for such records
16            from anyone not authorized by law to access such
17            records the court, the Department, or the agency
18            receiving such inquiry shall reply as it does in
19            response to inquiries when no records ever
20            existed.
21            (C) Upon entry of an order to seal records under
22        subsection (c), the arresting agency, any other agency
23        as ordered by the court, the Department, and the court
24        shall seal the records (as defined in subsection
25        (a)(1)(K)). In response to an inquiry for such records
26        from anyone not authorized by law to access such

 

 

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1        records the court, the Department, or the agency
2        receiving such inquiry shall reply as it does in
3        response to inquiries when no records ever existed.
4        (10) Fees. The Department may charge the petitioner a
5    fee equivalent to the cost of processing any order to
6    expunge or seal records. Notwithstanding any provision of
7    the Clerks of Courts Act to the contrary, the circuit court
8    clerk may charge a fee equivalent to the cost associated
9    with the sealing or expungement of records by the circuit
10    court clerk. From the total filing fee collected for the
11    petition to seal or expunge, the circuit court clerk shall
12    deposit $10 into the Circuit Court Clerk Operation and
13    Administrative Fund, to be used to offset the costs
14    incurred by the circuit court clerk in performing the
15    additional duties required to serve the petition to seal or
16    expunge on all parties. The circuit court clerk shall
17    collect and forward the Department of State Police portion
18    of the fee to the Department and it shall be deposited in
19    the State Police Services Fund.
20        (11) Final Order. No court order issued under the
21    expungement or sealing provisions of this Section shall
22    become final for purposes of appeal until 30 days after
23    service of the order on the petitioner and all parties
24    entitled to notice of the petition.
25        (12) Motion to Vacate, Modify, or Reconsider. The
26    petitioner or any party entitled to notice may file a

 

 

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1    motion to vacate, modify, or reconsider the order granting
2    or denying the petition to expunge or seal within 60 days
3    of service of the order.
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Department may be disseminated by the Department only as
23required by law or to the arresting authority, the State's
24Attorney, and the court upon a later arrest for the same or
25similar offense or for the purpose of sentencing for any
26subsequent felony. Upon conviction for any subsequent offense,

 

 

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1the Department of Corrections shall have access to all sealed
2records of the Department pertaining to that individual. Upon
3entry of the order of expungement, the circuit court clerk
4shall promptly mail a copy of the order to the person who was
5pardoned.
6    (f) Subject to available funding, the Illinois Department
7of Corrections shall conduct a study of the impact of sealing,
8especially on employment and recidivism rates, utilizing a
9random sample of those who apply for the sealing of their
10criminal records under Public Act 93-211. At the request of the
11Illinois Department of Corrections, records of the Illinois
12Department of Employment Security shall be utilized as
13appropriate to assist in the study. The study shall not
14disclose any data in a manner that would allow the
15identification of any particular individual or employing unit.
16The study shall be made available to the General Assembly no
17later than September 1, 2010.
18(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
1996-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
207-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
21eff. 8-19-11; revised 9-6-11.)
 
22    Section 10. The Illinois Vehicle Code is amended by
23changing Sections 6-205, 6-206, 6-208, and 6-303 as follows:
 
24    (625 ILCS 5/6-205)

 

 

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1    Sec. 6-205. Mandatory revocation of license or permit;
2Hardship cases.
3    (a) Except as provided in this Section, the Secretary of
4State shall immediately revoke the license, permit, or driving
5privileges of any driver upon receiving a report of the
6driver's conviction of any of the following offenses:
7        1. Reckless homicide resulting from the operation of a
8    motor vehicle;
9        2. Violation of Section 11-501 of this Code or a
10    similar provision of a local ordinance relating to the
11    offense of operating or being in physical control of a
12    vehicle while under the influence of alcohol, other drug or
13    drugs, intoxicating compound or compounds, or any
14    combination thereof;
15        3. Any felony under the laws of any State or the
16    federal government in the commission of which a motor
17    vehicle was used;
18        4. Violation of Section 11-401 of this Code relating to
19    the offense of leaving the scene of a traffic accident
20    involving death or personal injury;
21        5. Perjury or the making of a false affidavit or
22    statement under oath to the Secretary of State under this
23    Code or under any other law relating to the ownership or
24    operation of motor vehicles;
25        6. Conviction upon 3 charges of violation of Section
26    11-503 of this Code relating to the offense of reckless

 

 

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1    driving committed within a period of 12 months;
2        7. Conviction of any offense defined in Section 4-102
3    of this Code;
4        8. Violation of Section 11-504 of this Code relating to
5    the offense of drag racing;
6        9. Violation of Chapters 8 and 9 of this Code;
7        10. Violation of Section 12-5 of the Criminal Code of
8    1961 arising from the use of a motor vehicle;
9        11. Violation of Section 11-204.1 of this Code relating
10    to aggravated fleeing or attempting to elude a peace
11    officer;
12        12. Violation of paragraph (1) of subsection (b) of
13    Section 6-507, or a similar law of any other state,
14    relating to the unlawful operation of a commercial motor
15    vehicle;
16        13. Violation of paragraph (a) of Section 11-502 of
17    this Code or a similar provision of a local ordinance if
18    the driver has been previously convicted of a violation of
19    that Section or a similar provision of a local ordinance
20    and the driver was less than 21 years of age at the time of
21    the offense;
22        14. Violation of paragraph (a) of Section 11-506 of
23    this Code or a similar provision of a local ordinance
24    relating to the offense of street racing;
25        15. A second or subsequent conviction of driving while
26    the person's driver's license, permit or privileges was

 

 

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1    revoked for reckless homicide or a similar out-of-state
2    offense;
3        16. Any offense against any provision in this Code, or
4    any local ordinance, regulating the movement of traffic
5    when that offense was the proximate cause of the death of
6    any person. Any person whose driving privileges have been
7    revoked pursuant to this paragraph may seek to have the
8    revocation terminated or to have the length of revocation
9    reduced by requesting an administrative hearing with the
10    Secretary of State prior to the projected driver's license
11    application eligibility date.
12    (b) The Secretary of State shall also immediately revoke
13the license or permit of any driver in the following
14situations:
15        1. Of any minor upon receiving the notice provided for
16    in Section 5-901 of the Juvenile Court Act of 1987 that the
17    minor has been adjudicated under that Act as having
18    committed an offense relating to motor vehicles prescribed
19    in Section 4-103 of this Code;
20        2. Of any person when any other law of this State
21    requires either the revocation or suspension of a license
22    or permit;
23        3. Of any person adjudicated under the Juvenile Court
24    Act of 1987 based on an offense determined to have been
25    committed in furtherance of the criminal activities of an
26    organized gang as provided in Section 5-710 of that Act,

 

 

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1    and that involved the operation or use of a motor vehicle
2    or the use of a driver's license or permit. The revocation
3    shall remain in effect for the period determined by the
4    court. Upon the direction of the court, the Secretary shall
5    issue the person a judicial driving permit, also known as a
6    JDP. The JDP shall be subject to the same terms as a JDP
7    issued under Section 6-206.1, except that the court may
8    direct that a JDP issued under this subdivision (b)(3) be
9    effective immediately.
10    (c)(1) Whenever a person is convicted of any of the
11offenses enumerated in this Section, the court may recommend
12and the Secretary of State in his discretion, without regard to
13whether the recommendation is made by the court may, upon
14application, issue to the person a restricted driving permit
15granting the privilege of driving a motor vehicle between the
16petitioner's residence and petitioner's place of employment or
17within the scope of the petitioner's employment related duties,
18or to allow the petitioner to transport himself or herself or a
19family member of the petitioner's household to a medical
20facility for the receipt of necessary medical care or to allow
21the petitioner to transport himself or herself to and from
22alcohol or drug remedial or rehabilitative activity
23recommended by a licensed service provider, or to allow the
24petitioner to transport himself or herself or a family member
25of the petitioner's household to classes, as a student, at an
26accredited educational institution, or to allow the petitioner

 

 

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1to transport children, elderly persons, or disabled persons who
2do not hold driving privileges and are living in the
3petitioner's household to and from daycare; if the petitioner
4is able to demonstrate that no alternative means of
5transportation is reasonably available and that the petitioner
6will not endanger the public safety or welfare; provided that
7the Secretary's discretion shall be limited to cases where
8undue hardship, as defined by the rules of the Secretary of
9State, would result from a failure to issue the restricted
10driving permit. Those multiple offenders identified in
11subdivision (b)4 of Section 6-208 of this Code, however, shall
12not be eligible for the issuance of a restricted driving
13permit.
14        (1.5) If a person is convicted of a combination of 4 or
15    more offenses which include a violation of Section 11-501
16    of this Code or a similar provision of a local ordinance,
17    Section 11-401 of this Code, or Section 9-3 of the Criminal
18    Code of 1961, or a combination of violations of similar
19    provisions of local ordinances, similar out-of-state
20    offenses, or similar offenses committed on a military
21    installation, the person may make application for a
22    restricted driving permit, at a formal hearing conducted
23    under Section 2-118 of this Code, after the expiration of 3
24    years from the effective date of the most recent
25    revocation, provided the person, in addition to all other
26    requirements of the Secretary, shows by clear and

 

 

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1    convincing evidence:
2            (A) a minimum 3 years of uninterrupted abstinence
3        from alcohol, other drug or drugs, intoxicating
4        compound or compounds, or any combination thereof; and
5            (B) the successful completion of all
6        rehabilitative activity recommended by a properly
7        licensed service provider, pursuant to an assessment
8        of the person's alcohol or drug use and mental health.
9        In determining whether an applicant is eligible for a
10    restricted driving permit under this subparagraph (1.5),
11    the Secretary may consider any relevant evidence,
12    including but not limited to testimony, affidavits,
13    records, and the results of regular alcohol or drug tests.
14        A restricted driving permit issued under this
15    subparagraph (1.5) shall provide that the holder may only
16    operate vehicles equipped with an interlock ignition
17    device. The Secretary may cancel a restricted driving
18    permit or amend the conditions of a restricted driving
19    permit issued under this subparagraph (1.5) if the holder
20    operates a vehicle that is not equipped with an interlock
21    ignition device, or for any other reason authorized under
22    this Code.
23        (2) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance or a similar out-of-state offense, or Section 9-3

 

 

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1    of the Criminal Code of 1961, where the use of alcohol or
2    other drugs is recited as an element of the offense, or a
3    similar out-of-state offense, or a combination of these
4    offenses, arising out of separate occurrences, that
5    person, if issued a restricted driving permit, may not
6    operate a vehicle unless it has been equipped with an
7    ignition interlock device as defined in Section 1-129.1.
8        (3) If:
9            (A) a person's license or permit is revoked or
10        suspended 2 or more times within a 10 year period due
11        to any combination of:
12                (i) a single conviction of violating Section
13            11-501 of this Code or a similar provision of a
14            local ordinance or a similar out-of-state offense,
15            or Section 9-3 of the Criminal Code of 1961, where
16            the use of alcohol or other drugs is recited as an
17            element of the offense, or a similar out-of-state
18            offense; or
19                (ii) a statutory summary suspension or
20            revocation under Section 11-501.1; or
21                (iii) a suspension pursuant to Section
22            6-203.1;
23        arising out of separate occurrences; or
24            (B) a person has been convicted of one violation of
25        Section 6-303 of this Code committed while his or her
26        driver's license, permit, or privilege was revoked

 

 

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1        because of a violation of Section 9-3 of the Criminal
2        Code of 1961, relating to the offense of reckless
3        homicide where the use of alcohol or other drugs was
4        recited as an element of the offense, or a similar
5        provision of a law of another state;
6    that person, if issued a restricted driving permit, may not
7    operate a vehicle unless it has been equipped with an
8    ignition interlock device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned on the use
10    of an ignition interlock device must pay to the Secretary
11    of State DUI Administration Fund an amount not to exceed
12    $30 per month. The Secretary shall establish by rule the
13    amount and the procedures, terms, and conditions relating
14    to these fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against
17    operating a motor vehicle that is not equipped with an
18    ignition interlock device does not apply to the operation
19    of an occupational vehicle owned or leased by that person's
20    employer when used solely for employment purposes.
21        (6) In each case the Secretary of State may issue a
22    restricted driving permit for a period he deems
23    appropriate, except that the permit shall expire within one
24    year from the date of issuance. The Secretary may not,
25    however, issue a restricted driving permit to any person
26    whose current revocation is the result of a second or

 

 

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1    subsequent conviction for a violation of Section 11-501 of
2    this Code or a similar provision of a local ordinance or
3    any similar out-of-state offense, or Section 9-3 of the
4    Criminal Code of 1961, where the use of alcohol or other
5    drugs is recited as an element of the offense, or any
6    similar out-of-state offense, or any combination of these
7    offenses, until the expiration of at least one year from
8    the date of the revocation. A restricted driving permit
9    issued under this Section shall be subject to cancellation,
10    revocation, and suspension by the Secretary of State in
11    like manner and for like cause as a driver's license issued
12    under this Code may be cancelled, revoked, or suspended;
13    except that a conviction upon one or more offenses against
14    laws or ordinances regulating the movement of traffic shall
15    be deemed sufficient cause for the revocation, suspension,
16    or cancellation of a restricted driving permit. The
17    Secretary of State may, as a condition to the issuance of a
18    restricted driving permit, require the petitioner to
19    participate in a designated driver remedial or
20    rehabilitative program. The Secretary of State is
21    authorized to cancel a restricted driving permit if the
22    permit holder does not successfully complete the program.
23    However, if an individual's driving privileges have been
24    revoked in accordance with paragraph 13 of subsection (a)
25    of this Section, no restricted driving permit shall be
26    issued until the individual has served 6 months of the

 

 

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1    revocation period.
2    (c-5) (Blank).
3    (c-6) If a person is convicted of a second violation of
4operating a motor vehicle while the person's driver's license,
5permit or privilege was revoked, where the revocation was for a
6violation of Section 9-3 of the Criminal Code of 1961 relating
7to the offense of reckless homicide or a similar out-of-state
8offense, the person's driving privileges shall be revoked
9pursuant to subdivision (a)(15) of this Section. The person may
10not make application for a license or permit until the
11expiration of five years from the effective date of the
12revocation or the expiration of five years from the date of
13release from a term of imprisonment, whichever is later.
14    (c-7) If a person is convicted of a third or subsequent
15violation of operating a motor vehicle while the person's
16driver's license, permit or privilege was revoked, where the
17revocation was for a violation of Section 9-3 of the Criminal
18Code of 1961 relating to the offense of reckless homicide or a
19similar out-of-state offense, the person may never apply for a
20license or permit.
21    (d)(1) Whenever a person under the age of 21 is convicted
22under Section 11-501 of this Code or a similar provision of a
23local ordinance or a similar out-of-state offense, the
24Secretary of State shall revoke the driving privileges of that
25person. One year after the date of revocation, and upon
26application, the Secretary of State may, if satisfied that the

 

 

HB3945 Engrossed- 35 -LRB097 15048 HEP 60121 b

1person applying will not endanger the public safety or welfare,
2issue a restricted driving permit granting the privilege of
3driving a motor vehicle only between the hours of 5 a.m. and 9
4p.m. or as otherwise provided by this Section for a period of
5one year. After this one year period, and upon reapplication
6for a license as provided in Section 6-106, upon payment of the
7appropriate reinstatement fee provided under paragraph (b) of
8Section 6-118, the Secretary of State, in his discretion, may
9reinstate the petitioner's driver's license and driving
10privileges, or extend the restricted driving permit as many
11times as the Secretary of State deems appropriate, by
12additional periods of not more than 12 months each.
13        (2) If a person's license or permit is revoked or
14    suspended due to 2 or more convictions of violating Section
15    11-501 of this Code or a similar provision of a local
16    ordinance or a similar out-of-state offense, or Section 9-3
17    of the Criminal Code of 1961, where the use of alcohol or
18    other drugs is recited as an element of the offense, or a
19    similar out-of-state offense, or a combination of these
20    offenses, arising out of separate occurrences, that
21    person, if issued a restricted driving permit, may not
22    operate a vehicle unless it has been equipped with an
23    ignition interlock device as defined in Section 1-129.1.
24        (3) If a person's license or permit is revoked or
25    suspended 2 or more times within a 10 year period due to
26    any combination of:

 

 

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1            (A) a single conviction of violating Section
2        11-501 of this Code or a similar provision of a local
3        ordinance or a similar out-of-state offense, or
4        Section 9-3 of the Criminal Code of 1961, where the use
5        of alcohol or other drugs is recited as an element of
6        the offense, or a similar out-of-state offense; or
7            (B) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (C) a suspension pursuant to Section 6-203.1;
10    arising out of separate occurrences, that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (4) The person issued a permit conditioned upon the use
15    of an interlock device must pay to the Secretary of State
16    DUI Administration Fund an amount not to exceed $30 per
17    month. The Secretary shall establish by rule the amount and
18    the procedures, terms, and conditions relating to these
19    fees.
20        (5) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against driving
22    a vehicle that is not equipped with an ignition interlock
23    device does not apply to the operation of an occupational
24    vehicle owned or leased by that person's employer when used
25    solely for employment purposes.
26        (6) A restricted driving permit issued under this

 

 

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1    Section shall be subject to cancellation, revocation, and
2    suspension by the Secretary of State in like manner and for
3    like cause as a driver's license issued under this Code may
4    be cancelled, revoked, or suspended; except that a
5    conviction upon one or more offenses against laws or
6    ordinances regulating the movement of traffic shall be
7    deemed sufficient cause for the revocation, suspension, or
8    cancellation of a restricted driving permit.
9    (d-5) The revocation of the license, permit, or driving
10privileges of a person convicted of a third or subsequent
11violation of Section 6-303 of this Code committed while his or
12her driver's license, permit, or privilege was revoked because
13of a violation of Section 9-3 of the Criminal Code of 1961,
14relating to the offense of reckless homicide, or a similar
15provision of a law of another state, is permanent. The
16Secretary may not, at any time, issue a license or permit to
17that person.
18    (e) This Section is subject to the provisions of the Driver
19License Compact.
20    (f) Any revocation imposed upon any person under
21subsections 2 and 3 of paragraph (b) that is in effect on
22December 31, 1988 shall be converted to a suspension for a like
23period of time.
24    (g) The Secretary of State shall not issue a restricted
25driving permit to a person under the age of 16 years whose
26driving privileges have been revoked under any provisions of

 

 

HB3945 Engrossed- 38 -LRB097 15048 HEP 60121 b

1this Code.
2    (h) The Secretary of State shall require the use of
3ignition interlock devices on all vehicles owned by a person
4who has been convicted of a second or subsequent offense under
5Section 11-501 of this Code or a similar provision of a local
6ordinance. The person must pay to the Secretary of State DUI
7Administration Fund an amount not to exceed $30 for each month
8that he or she uses the device. The Secretary shall establish
9by rule and regulation the procedures for certification and use
10of the interlock system, the amount of the fee, and the
11procedures, terms, and conditions relating to these fees.
12    (i) (Blank).
13    (j) In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been revoked, suspended,
17cancelled, or disqualified under any provisions of this Code.
18(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1996-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
207-1-11; 97-333, eff. 8-12-11.)
 
21    (625 ILCS 5/6-206)
22    Sec. 6-206. Discretionary authority to suspend or revoke
23license or permit; Right to a hearing.
24    (a) The Secretary of State is authorized to suspend or
25revoke the driving privileges of any person without preliminary

 

 

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1hearing upon a showing of the person's records or other
2sufficient evidence that the person:
3        1. Has committed an offense for which mandatory
4    revocation of a driver's license or permit is required upon
5    conviction;
6        2. Has been convicted of not less than 3 offenses
7    against traffic regulations governing the movement of
8    vehicles committed within any 12 month period. No
9    revocation or suspension shall be entered more than 6
10    months after the date of last conviction;
11        3. Has been repeatedly involved as a driver in motor
12    vehicle collisions or has been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree that 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        4. Has by the unlawful operation of a motor vehicle
20    caused or contributed to an accident resulting in injury
21    requiring immediate professional treatment in a medical
22    facility or doctor's office to any person, except that any
23    suspension or revocation imposed by the Secretary of State
24    under the provisions of this subsection shall start no
25    later than 6 months after being convicted of violating a
26    law or ordinance regulating the movement of traffic, which

 

 

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1    violation is related to the accident, or shall start not
2    more than one year after the date of the accident,
3    whichever date occurs later;
4        5. Has permitted an unlawful or fraudulent use of a
5    driver's license, identification card, or permit;
6        6. Has been lawfully convicted of an offense or
7    offenses in another state, including the authorization
8    contained in Section 6-203.1, which if committed within
9    this State would be grounds for suspension or revocation;
10        7. Has refused or failed to submit to an examination
11    provided for by Section 6-207 or has failed to pass the
12    examination;
13        8. Is ineligible for a driver's license or permit under
14    the provisions of Section 6-103;
15        9. Has made a false statement or knowingly concealed a
16    material fact or has used false information or
17    identification in any application for a license,
18    identification card, or permit;
19        10. Has possessed, displayed, or attempted to
20    fraudulently use any license, identification card, or
21    permit not issued to the person;
22        11. Has operated a motor vehicle upon a highway of this
23    State when the person's driving privilege or privilege to
24    obtain a driver's license or permit was revoked or
25    suspended unless the operation was authorized by a
26    monitoring device driving permit, judicial driving permit

 

 

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1    issued prior to January 1, 2009, probationary license to
2    drive, or a restricted driving permit issued under this
3    Code;
4        12. Has submitted to any portion of the application
5    process for another person or has obtained the services of
6    another person to submit to any portion of the application
7    process for the purpose of obtaining a license,
8    identification card, or permit for some other person;
9        13. Has operated a motor vehicle upon a highway of this
10    State when the person's driver's license or permit was
11    invalid under the provisions of Sections 6-107.1 and 6-110;
12        14. Has committed a violation of Section 6-301,
13    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
14    of the Illinois Identification Card Act;
15        15. Has been convicted of violating Section 21-2 of the
16    Criminal Code of 1961 relating to criminal trespass to
17    vehicles in which case, the suspension shall be for one
18    year;
19        16. Has been convicted of violating Section 11-204 of
20    this Code relating to fleeing from a peace officer;
21        17. Has refused to submit to a test, or tests, as
22    required under Section 11-501.1 of this Code and the person
23    has not sought a hearing as provided for in Section
24    11-501.1;
25        18. Has, since issuance of a driver's license or
26    permit, been adjudged to be afflicted with or suffering

 

 

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1    from any mental disability or disease;
2        19. Has committed a violation of paragraph (a) or (b)
3    of Section 6-101 relating to driving without a driver's
4    license;
5        20. Has been convicted of violating Section 6-104
6    relating to classification of driver's license;
7        21. Has been convicted of violating Section 11-402 of
8    this Code relating to leaving the scene of an accident
9    resulting in damage to a vehicle in excess of $1,000, in
10    which case the suspension shall be for one year;
11        22. Has used a motor vehicle in violating paragraph
12    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
13    the Criminal Code of 1961 relating to unlawful use of
14    weapons, in which case the suspension shall be for one
15    year;
16        23. Has, as a driver, been convicted of committing a
17    violation of paragraph (a) of Section 11-502 of this Code
18    for a second or subsequent time within one year of a
19    similar violation;
20        24. Has been convicted by a court-martial or punished
21    by non-judicial punishment by military authorities of the
22    United States at a military installation in Illinois of or
23    for a traffic related offense that is the same as or
24    similar to an offense specified under Section 6-205 or
25    6-206 of this Code;
26        25. Has permitted any form of identification to be used

 

 

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1    by another in the application process in order to obtain or
2    attempt to obtain a license, identification card, or
3    permit;
4        26. Has altered or attempted to alter a license or has
5    possessed an altered license, identification card, or
6    permit;
7        27. Has violated Section 6-16 of the Liquor Control Act
8    of 1934;
9        28. Has been convicted of the illegal possession, while
10    operating or in actual physical control, as a driver, of a
11    motor vehicle, of any controlled substance prohibited
12    under the Illinois Controlled Substances Act, any cannabis
13    prohibited under the Cannabis Control Act, or any
14    methamphetamine prohibited under the Methamphetamine
15    Control and Community Protection Act, in which case the
16    person's driving privileges shall be suspended for one
17    year, and any driver who is convicted of a second or
18    subsequent offense, within 5 years of a previous
19    conviction, for the illegal possession, while operating or
20    in actual physical control, as a driver, of a motor
21    vehicle, of any controlled substance prohibited under the
22    Illinois Controlled Substances Act, any cannabis
23    prohibited under the Cannabis Control Act, or any
24    methamphetamine prohibited under the Methamphetamine
25    Control and Community Protection Act shall be suspended for
26    5 years. Any defendant found guilty of this offense while

 

 

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

 

 

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

 

 

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

 

 

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1    suspended or revoked pursuant to subparagraph 36 of this
2    Section; or
3        45. Has, in connection with or during the course of a
4    formal hearing conducted under Section 2-118 of this Code:
5    (i) committed perjury; (ii) submitted fraudulent or
6    falsified documents; (iii) submitted documents that have
7    been materially altered; or (iv) submitted, as his or her
8    own, documents that were in fact prepared or composed for
9    another person.
10    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
11and 27 of this subsection, license means any driver's license,
12any traffic ticket issued when the person's driver's license is
13deposited in lieu of bail, a suspension notice issued by the
14Secretary of State, a duplicate or corrected driver's license,
15a probationary driver's license or a temporary driver's
16license.
17    (b) If any conviction forming the basis of a suspension or
18revocation authorized under this Section is appealed, the
19Secretary of State may rescind or withhold the entry of the
20order of suspension or revocation, as the case may be, provided
21that a certified copy of a stay order of a court is filed with
22the Secretary of State. If the conviction is affirmed on
23appeal, the date of the conviction shall relate back to the
24time the original judgment of conviction was entered and the 6
25month limitation prescribed shall not apply.
26    (c) 1. Upon suspending or revoking the driver's license or

 

 

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

 

 

HB3945 Engrossed- 49 -LRB097 15048 HEP 60121 b

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

 

 

HB3945 Engrossed- 50 -LRB097 15048 HEP 60121 b

1    transport himself or herself, or a family member of the
2    petitioner's household to a medical facility, to receive
3    necessary medical care, to allow the petitioner to
4    transport himself or herself to and from alcohol or drug
5    remedial or rehabilitative activity recommended by a
6    licensed service provider, or to allow the petitioner to
7    transport himself or herself or a family member of the
8    petitioner's household to classes, as a student, at an
9    accredited educational institution, or to allow the
10    petitioner to transport children, elderly persons, or
11    disabled persons who do not hold driving privileges and are
12    living in the petitioner's household to and from daycare.
13    The petitioner must demonstrate that no alternative means
14    of transportation is reasonably available and that the
15    petitioner will not endanger the public safety or welfare.
16    Those multiple offenders identified in subdivision (b)4 of
17    Section 6-208 of this Code, however, shall not be eligible
18    for the issuance of a restricted driving permit.
19             (A) If a person's license or permit is revoked or
20        suspended due to 2 or more convictions of violating
21        Section 11-501 of this Code or a similar provision of a
22        local ordinance or a similar out-of-state offense, or
23        Section 9-3 of the Criminal Code of 1961, where the use
24        of alcohol or other drugs is recited as an element of
25        the offense, or a similar out-of-state offense, or a
26        combination of these offenses, arising out of separate

 

 

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1        occurrences, that person, if issued a restricted
2        driving permit, may not operate a vehicle unless it has
3        been equipped with an ignition interlock device as
4        defined in Section 1-129.1.
5            (B) If a person's license or permit is revoked or
6        suspended 2 or more times within a 10 year period due
7        to any combination of:
8                (i) a single conviction of violating Section
9            11-501 of this Code or a similar provision of a
10            local ordinance or a similar out-of-state offense
11            or Section 9-3 of the Criminal Code of 1961, where
12            the use of alcohol or other drugs is recited as an
13            element of the offense, or a similar out-of-state
14            offense; or
15                (ii) a statutory summary suspension or
16            revocation under Section 11-501.1; or
17                (iii) a suspension under Section 6-203.1;
18        arising out of separate occurrences; that person, if
19        issued a restricted driving permit, may not operate a
20        vehicle unless it has been equipped with an ignition
21        interlock device as defined in Section 1-129.1.
22            (C) The person issued a permit conditioned upon the
23        use of an ignition interlock device must pay to the
24        Secretary of State DUI Administration Fund an amount
25        not to exceed $30 per month. The Secretary shall
26        establish by rule the amount and the procedures, terms,

 

 

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1        and conditions relating to these fees.
2            (D) If the restricted driving permit is issued for
3        employment purposes, then the prohibition against
4        operating a motor vehicle that is not equipped with an
5        ignition interlock device does not apply to the
6        operation of an occupational vehicle owned or leased by
7        that person's employer when used solely for employment
8        purposes.
9            (E) In each case the Secretary may issue a
10        restricted driving permit for a period deemed
11        appropriate, except that all permits shall expire
12        within one year from the date of issuance. The
13        Secretary may not, however, issue a restricted driving
14        permit to any person whose current revocation is the
15        result of a second or subsequent conviction for a
16        violation of Section 11-501 of this Code or a similar
17        provision of a local ordinance or any similar
18        out-of-state offense, or Section 9-3 of the Criminal
19        Code of 1961, where the use of alcohol or other drugs
20        is recited as an element of the offense, or any similar
21        out-of-state offense, or any combination of those
22        offenses, until the expiration of at least one year
23        from the date of the revocation. A restricted driving
24        permit issued under this Section shall be subject to
25        cancellation, revocation, and suspension by the
26        Secretary of State in like manner and for like cause as

 

 

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1        a driver's license issued under this Code may be
2        cancelled, revoked, or suspended; except that a
3        conviction upon one or more offenses against laws or
4        ordinances regulating the movement of traffic shall be
5        deemed sufficient cause for the revocation,
6        suspension, or cancellation of a restricted driving
7        permit. The Secretary of State may, as a condition to
8        the issuance of a restricted driving permit, require
9        the applicant to participate in a designated driver
10        remedial or rehabilitative program. The Secretary of
11        State is authorized to cancel a restricted driving
12        permit if the permit holder does not successfully
13        complete the program.
14            (F) If a person is convicted of a combination of 4
15        or more offenses which include a violation of Section
16        11-501 of this Code or a similar provision of a local
17        ordinance, Section 11-401 of this Code, or Section 9-3
18        of the Criminal Code of 1961, or a combination of
19        violations of similar provisions of local ordinances,
20        similar out-of-state offenses, or similar offenses
21        committed on a military installation, the person may
22        make application for a restricted driving permit, at a
23        formal hearing conducted under Section 2-118 of this
24        Code, after the expiration of 3 years from the
25        effective date of the most recent revocation, provided
26        the person, in addition to all other requirements of

 

 

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1        the Secretary, shows by clear and convincing evidence:
2                (i) a minimum 3 years of uninterrupted
3            abstinence from alcohol, other drug or drugs,
4            intoxicating compound or compounds, or any
5            combination thereof; and
6                (ii) the successful completion of all
7            rehabilitative activity recommended by a properly
8            licensed service provider, pursuant to an
9            assessment of the person's alcohol or drug use and
10            mental health.
11            In determining whether an applicant is eligible
12        for a restricted driving permit under this
13        subparagraph (F), the Secretary may consider any
14        relevant evidence, including but not limited to
15        testimony, affidavits, records, and the results of
16        regular alcohol or drug tests.
17            A restricted driving permit issued under this
18        subparagraph (F) shall provide that the holder may only
19        operate vehicles equipped with an interlock ignition
20        device. The Secretary may cancel a restricted driving
21        permit or amend the conditions of a restricted driving
22        permit issued under this subparagraph (F) if the holder
23        operates a vehicle that is not equipped with an
24        interlock ignition device, or for any other reason
25        authorized under this Code.
26    (c-3) In the case of a suspension under paragraph 43 of

 

 

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1subsection (a), reports received by the Secretary of State
2under this Section shall, except during the actual time the
3suspension is in effect, be privileged information and for use
4only by the courts, police officers, prosecuting authorities,
5the driver licensing administrator of any other state, the
6Secretary of State, or the parent or legal guardian of a driver
7under the age of 18. However, beginning January 1, 2008, if the
8person is a CDL holder, the suspension shall also be made
9available to the driver licensing administrator of any other
10state, the U.S. Department of Transportation, and the affected
11driver or motor carrier or prospective motor carrier upon
12request.
13    (c-4) In the case of a suspension under paragraph 43 of
14subsection (a), the Secretary of State shall notify the person
15by mail that his or her driving privileges and driver's license
16will be suspended one month after the date of the mailing of
17the notice.
18    (c-5) The Secretary of State may, as a condition of the
19reissuance of a driver's license or permit to an applicant
20whose driver's license or permit has been suspended before he
21or she reached the age of 21 years pursuant to any of the
22provisions of this Section, require the applicant to
23participate in a driver remedial education course and be
24retested under Section 6-109 of this Code.
25    (d) This Section is subject to the provisions of the
26Drivers License Compact.

 

 

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1    (e) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been suspended or revoked under any
4provisions of this Code.
5    (f) In accordance with 49 C.F.R. 384, the Secretary of
6State may not issue a restricted driving permit for the
7operation of a commercial motor vehicle to a person holding a
8CDL whose driving privileges have been suspended, revoked,
9cancelled, or disqualified under any provisions of this Code.
10(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1196-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
127-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
13eff. 8-12-11; revised 9-15-11.)
 
14    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
15    Sec. 6-208. Period of Suspension - Application After
16Revocation.
17    (a) Except as otherwise provided by this Code or any other
18law of this State, the Secretary of State shall not suspend a
19driver's license, permit, or privilege to drive a motor vehicle
20on the highways for a period of more than one year.
21    (b) Any person whose license, permit, or privilege to drive
22a motor vehicle on the highways has been revoked shall not be
23entitled to have such license, permit, or privilege renewed or
24restored. However, such person may, except as provided under
25subsections (d) and (d-5) of Section 6-205, make application

 

 

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1for a license pursuant to Section 6-106 (i) if the revocation
2was for a cause that has been removed or (ii) as provided in
3the following subparagraphs:
4        1. Except as provided in subparagraphs 1.5, 2, 3, 4,
5    and 5, the person may make application for a license (A)
6    after the expiration of one year from the effective date of
7    the revocation, (B) in the case of a violation of paragraph
8    (b) of Section 11-401 of this Code or a similar provision
9    of a local ordinance, after the expiration of 3 years from
10    the effective date of the revocation, or (C) in the case of
11    a violation of Section 9-3 of the Criminal Code of 1961 or
12    a similar provision of a law of another state relating to
13    the offense of reckless homicide or a violation of
14    subparagraph (F) of paragraph 1 of subsection (d) of
15    Section 11-501 of this Code relating to aggravated driving
16    under the influence of alcohol, other drug or drugs,
17    intoxicating compound or compounds, or any combination
18    thereof, if the violation was the proximate cause of a
19    death, after the expiration of 2 years from the effective
20    date of the revocation or after the expiration of 24 months
21    from the date of release from a period of imprisonment as
22    provided in Section 6-103 of this Code, whichever is later.
23        1.5. If the person is convicted of a violation of
24    Section 6-303 of this Code committed while his or her
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961,

 

 

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1    relating to the offense of reckless homicide, or a similar
2    provision of a law of another state, the person may not
3    make application for a license or permit until the
4    expiration of 3 years from the date of the conviction.
5        2. If such person is convicted of committing a second
6    violation within a 20-year period of:
7            (A) Section 11-501 of this Code or a similar
8        provision of a local ordinance;
9            (B) Paragraph (b) of Section 11-401 of this Code or
10        a similar provision of a local ordinance;
11            (C) Section 9-3 of the Criminal Code of 1961,
12        relating to the offense of reckless homicide; or
13            (D) any combination of the above offenses
14        committed at different instances;
15    then such person may not make application for a license
16    until after the expiration of 5 years from the effective
17    date of the most recent revocation. The 20-year period
18    shall be computed by using the dates the offenses were
19    committed and shall also include similar out-of-state
20    offenses and similar offenses committed on a military
21    installation.
22        2.5. If a person is convicted of a second violation of
23    Section 6-303 of this Code committed while the person's
24    driver's license, permit, or privilege was revoked because
25    of a violation of Section 9-3 of the Criminal Code of 1961,
26    relating to the offense of reckless homicide, or a similar

 

 

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1    provision of a law of another state, the person may not
2    make application for a license or permit until the
3    expiration of 5 years from the date of release from a term
4    of imprisonment.
5        3. However, except as provided in subparagraph 4, if
6    such person is convicted of committing a third or
7    subsequent violation or any combination of the above
8    offenses, including similar out-of-state offenses and
9    similar offenses committed on a military installation,
10    contained in subparagraph 2, then such person may not make
11    application for a license until after the expiration of 10
12    years from the effective date of the most recent
13    revocation.
14        4. Except as provided in subparagraph (c)(1.5) of
15    Section 6-205 and subparagraph (c)(3)(F) of Section 6-206
16    of this Code, the The person may not make application for a
17    license if the person is convicted of committing a fourth
18    or subsequent violation of Section 11-501 of this Code or a
19    similar provision of a local ordinance, Section 11-401 of
20    this Code, Section 9-3 of the Criminal Code of 1961, or a
21    combination of these offenses, similar provisions of local
22    ordinances, similar out-of-state offenses, or similar
23    offenses committed on a military installation.
24        4.5. A bona fide resident of a foreign jurisdiction who
25    is subject to the provisions of subparagraph 4 may make
26    application for termination of the revocation after a

 

 

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1    period of 10 years from the effective date of the most
2    recent revocation. However, if a person who has been
3    granted a termination of revocation under this
4    subparagraph 4.5 subsequently becomes a resident of this
5    State, the revocation shall be reinstated and the person
6    shall be subject to the provisions of subparagraph 4.
7        5. The person may not make application for a license or
8    permit if the person is convicted of a third or subsequent
9    violation of Section 6-303 of this Code committed while his
10    or her driver's license, permit, or privilege was revoked
11    because of a violation of Section 9-3 of the Criminal Code
12    of 1961, relating to the offense of reckless homicide, or a
13    similar provision of a law of another state.
14    Notwithstanding any other provision of this Code, all
15persons referred to in this paragraph (b) may not have their
16privileges restored until the Secretary receives payment of the
17required reinstatement fee pursuant to subsection (b) of
18Section 6-118.
19    In no event shall the Secretary issue such license unless
20and until such person has had a hearing pursuant to this Code
21and the appropriate administrative rules and the Secretary is
22satisfied, after a review or investigation of such person, that
23to grant the privilege of driving a motor vehicle on the
24highways will not endanger the public safety or welfare.
25    (c) (Blank).
26(Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08;

 

 

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195-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff.
28-24-09.)
 
3    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
4    Sec. 6-303. Driving while driver's license, permit or
5privilege to operate a motor vehicle is suspended or revoked.
6    (a) Except as otherwise provided in subsection (a-5), any
7person who drives or is in actual physical control of a motor
8vehicle on any highway of this State at a time when such
9person's driver's license, permit or privilege to do so or the
10privilege to obtain a driver's license or permit is revoked or
11suspended as provided by this Code or the law of another state,
12except as may be specifically allowed by a judicial driving
13permit issued prior to January 1, 2009, monitoring device
14driving permit, family financial responsibility driving
15permit, probationary license to drive, or a restricted driving
16permit issued pursuant to this Code or under the law of another
17state, shall be guilty of a Class A misdemeanor.
18    (a-5) Any person who violates this Section as provided in
19subsection (a) while his or her driver's license, permit or
20privilege is revoked because of a violation of Section 9-3 of
21the Criminal Code of 1961, relating to the offense of reckless
22homicide or a similar provision of a law of another state, is
23guilty of a Class 4 felony. The person shall be required to
24undergo a professional evaluation, as provided in Section
2511-501 of this Code, to determine if an alcohol, drug, or

 

 

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1intoxicating compound problem exists and the extent of the
2problem, and to undergo the imposition of treatment as
3appropriate.
4    (b) (Blank).
5    (b-1) Upon receiving a report of the conviction of any
6violation indicating a person was operating a motor vehicle
7during the time when the person's driver's license, permit or
8privilege was suspended by the Secretary of State or the
9driver's licensing administrator of another state, except as
10specifically allowed by a probationary license, judicial
11driving permit, restricted driving permit or monitoring device
12driving permit the Secretary shall extend the suspension for
13the same period of time as the originally imposed suspension
14unless the suspension has already expired, in which case the
15Secretary shall be authorized to suspend the person's driving
16privileges for the same period of time as the originally
17imposed suspension.
18    (b-2) Except as provided in subsection (b-6), upon
19receiving a report of the conviction of any violation
20indicating a person was operating a motor vehicle when the
21person's driver's license, permit or privilege was revoked by
22the Secretary of State or the driver's license administrator of
23any other state, except as specifically allowed by a restricted
24driving permit issued pursuant to this Code or the law of
25another state, the Secretary shall not issue a driver's license
26for an additional period of one year from the date of such

 

 

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1conviction indicating such person was operating a vehicle
2during such period of revocation.
3    (b-3) (Blank).
4    (b-4) When the Secretary of State receives a report of a
5conviction of any violation indicating a person was operating a
6motor vehicle that was not equipped with an ignition interlock
7device during a time when the person was prohibited from
8operating a motor vehicle not equipped with such a device, the
9Secretary shall not issue a driver's license to that person for
10an additional period of one year from the date of the
11conviction.
12    (b-5) Any person convicted of violating this Section shall
13serve a minimum term of imprisonment of 30 consecutive days or
14300 hours of community service when the person's driving
15privilege was revoked or suspended as a result of a violation
16of Section 9-3 of the Criminal Code of 1961, as amended,
17relating to the offense of reckless homicide, or a similar
18provision of a law of another state.
19    (b-6) Upon receiving a report of a first conviction of
20operating a motor vehicle while the person's driver's license,
21permit or privilege was revoked where the revocation was for a
22violation of Section 9-3 of the Criminal Code of 1961 relating
23to the offense of reckless homicide or a similar out-of-state
24offense, the Secretary shall not issue a driver's license for
25an additional period of three years from the date of such
26conviction.

 

 

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1    (c) Except as provided in subsections (c-3) and (c-4), any
2person convicted of violating this Section shall serve a
3minimum term of imprisonment of 10 consecutive days or 30 days
4of community service when the person's driving privilege was
5revoked or suspended as a result of:
6        (1) a violation of Section 11-501 of this Code or a
7    similar provision of a local ordinance relating to the
8    offense of operating or being in physical control of a
9    vehicle while under the influence of alcohol, any other
10    drug or any combination thereof; or
11        (2) a violation of paragraph (b) of Section 11-401 of
12    this Code or a similar provision of a local ordinance
13    relating to the offense of leaving the scene of a motor
14    vehicle accident involving personal injury or death; or
15        (3) a statutory summary suspension or revocation under
16    Section 11-501.1 of this Code.
17    Such sentence of imprisonment or community service shall
18not be subject to suspension in order to reduce such sentence.
19    (c-1) Except as provided in subsections (c-5) and (d), any
20person convicted of a second violation of this Section shall be
21ordered by the court to serve a minimum of 100 hours of
22community service.
23    (c-2) In addition to other penalties imposed under this
24Section, the court may impose on any person convicted a fourth
25time of violating this Section any of the following:
26        (1) Seizure of the license plates of the person's

 

 

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1    vehicle.
2        (2) Immobilization of the person's vehicle for a period
3    of time to be determined by the court.
4    (c-3) Any person convicted of a violation of this Section
5during a period of summary suspension imposed pursuant to
6Section 11-501.1 when the person was eligible for a MDDP shall
7be guilty of a Class 4 felony and shall serve a minimum term of
8imprisonment of 30 days.
9    (c-4) Any person who has been issued a MDDP or a restricted
10driving permit which requires the person to operate only motor
11vehicles equipped with ignition interlock devices and who is
12convicted of a violation of this Section as a result of
13operating or being in actual physical control of a motor
14vehicle not equipped with an ignition interlock device at the
15time of the offense shall be guilty of a Class 4 felony and
16shall serve a minimum term of imprisonment of 30 days.
17    (c-5) Any person convicted of a second violation of this
18Section is guilty of a Class 2 felony, is not eligible for
19probation or conditional discharge, and shall serve a mandatory
20term of imprisonment, if the revocation or suspension was for a
21violation of Section 9-3 of the Criminal Code of 1961, relating
22to the offense of reckless homicide, or a similar out-of-state
23offense.
24    (d) Any person convicted of a second violation of this
25Section shall be guilty of a Class 4 felony and shall serve a
26minimum term of imprisonment of 30 days or 300 hours of

 

 

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1community service, as determined by the court, if the original
2revocation or suspension was for a violation of Section 11-401
3or 11-501 of this Code, or a similar out-of-state offense, or a
4similar provision of a local ordinance, or a statutory summary
5suspension or revocation under Section 11-501.1 of this Code.
6    (d-1) Except as provided in subsections (d-2), (d-2.5), and
7(d-3), any person convicted of a third or subsequent violation
8of this Section shall serve a minimum term of imprisonment of
930 days or 300 hours of community service, as determined by the
10court.
11    (d-2) Any person convicted of a third violation of this
12Section is guilty of a Class 4 felony and must serve a minimum
13term of imprisonment of 30 days if the revocation or suspension
14was for a violation of Section 11-401 or 11-501 of this Code,
15or a similar out-of-state offense, or a similar provision of a
16local ordinance, or a statutory summary suspension or
17revocation under Section 11-501.1 of this Code.
18    (d-2.5) Any person convicted of a third violation of this
19Section is guilty of a Class 1 felony, is not eligible for
20probation or conditional discharge, and must serve a mandatory
21term of imprisonment if the revocation or suspension was for a
22violation of Section 9-3 of the Criminal Code of 1961, relating
23to the offense of reckless homicide, or a similar out-of-state
24offense. The person's driving privileges shall be revoked for
25the remainder of the person's life.
26    (d-3) Any person convicted of a fourth, fifth, sixth,

 

 

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1seventh, eighth, or ninth violation of this Section is guilty
2of a Class 4 felony and must serve a minimum term of
3imprisonment of 180 days if the revocation or suspension was
4for a violation of Section 11-401 or 11-501 of this Code, or a
5similar out-of-state offense, or a similar provision of a local
6ordinance, or a statutory summary suspension or revocation
7under Section 11-501.1 of this Code.
8    (d-3.5) Any person convicted of a fourth or subsequent
9violation of this Section is guilty of a Class 1 felony, is not
10eligible for probation or conditional discharge, and must serve
11a mandatory term of imprisonment, and is eligible for an
12extended term, if the revocation or suspension was for a
13violation of Section 9-3 of the Criminal Code of 1961, relating
14to the offense of reckless homicide, or a similar out-of-state
15offense.
16    (d-4) Any person convicted of a tenth, eleventh, twelfth,
17thirteenth, or fourteenth violation of this Section is guilty
18of a Class 3 felony, and is not eligible for probation or
19conditional discharge, if the revocation or suspension was for
20a violation of Section 11-401 or 11-501 of this Code, or a
21similar out-of-state offense, or a similar provision of a local
22ordinance, or a statutory summary suspension or revocation
23under Section 11-501.1 of this Code.
24    (d-5) Any person convicted of a fifteenth or subsequent
25violation of this Section is guilty of a Class 2 felony, and is
26not eligible for probation or conditional discharge, if the

 

 

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1revocation or suspension was for a violation of Section 11-401
2or 11-501 of this Code, or a similar out-of-state offense, or a
3similar provision of a local ordinance, or a statutory summary
4suspension or revocation under Section 11-501.1 of this Code.
5    (e) Any person in violation of this Section who is also in
6violation of Section 7-601 of this Code relating to mandatory
7insurance requirements, in addition to other penalties imposed
8under this Section, shall have his or her motor vehicle
9immediately impounded by the arresting law enforcement
10officer. The motor vehicle may be released to any licensed
11driver upon a showing of proof of insurance for the vehicle
12that was impounded and the notarized written consent for the
13release by the vehicle owner.
14    (f) For any prosecution under this Section, a certified
15copy of the driving abstract of the defendant shall be admitted
16as proof of any prior conviction.
17    (g) The motor vehicle used in a violation of this Section
18is subject to seizure and forfeiture as provided in Sections
1936-1 and 36-2 of the Criminal Code of 1961 if the person's
20driving privilege was revoked or suspended as a result of a
21violation listed in paragraph (1) or (2) of subsection (c) of
22this Section, as a result of a summary suspension or revocation
23as provided in paragraph (3) of subsection (c) of this Section,
24or as a result of a violation of Section 9-3 of the Criminal
25Code of 1961 relating to the offense of reckless homicide.
26(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,

 

 

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1eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
2eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
396-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)