HB5056 EnrolledLRB097 19016 HEP 64255 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 Illinois Vehicle Code is amended by changing
5Sections 6-205, 6-206, 11-1301.3, 11-1301.5, and 11-1301.6 as
6follows:
 
7    (625 ILCS 5/6-205)
8    Sec. 6-205. Mandatory revocation of license or permit;
9Hardship cases.
10    (a) Except as provided in this Section, the Secretary of
11State shall immediately revoke the license, permit, or driving
12privileges of any driver upon receiving a report of the
13driver's conviction of any of the following offenses:
14        1. Reckless homicide resulting from the operation of a
15    motor vehicle;
16        2. Violation of Section 11-501 of this Code or a
17    similar provision of a local ordinance relating to the
18    offense of operating or being in physical control of a
19    vehicle while under the influence of alcohol, other drug or
20    drugs, intoxicating compound or compounds, or any
21    combination thereof;
22        3. Any felony under the laws of any State or the
23    federal government in the commission of which a motor

 

 

HB5056 Enrolled- 2 -LRB097 19016 HEP 64255 b

1    vehicle was used;
2        4. Violation of Section 11-401 of this Code relating to
3    the offense of leaving the scene of a traffic accident
4    involving death or personal injury;
5        5. Perjury or the making of a false affidavit or
6    statement under oath to the Secretary of State under this
7    Code or under any other law relating to the ownership or
8    operation of motor vehicles;
9        6. Conviction upon 3 charges of violation of Section
10    11-503 of this Code relating to the offense of reckless
11    driving committed within a period of 12 months;
12        7. Conviction of any offense defined in Section 4-102
13    of this Code;
14        8. Violation of Section 11-504 of this Code relating to
15    the offense of drag racing;
16        9. Violation of Chapters 8 and 9 of this Code;
17        10. Violation of Section 12-5 of the Criminal Code of
18    1961 arising from the use of a motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

HB5056 Enrolled- 3 -LRB097 19016 HEP 64255 b

1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date; .
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance.
24    (b) The Secretary of State shall also immediately revoke
25the license or permit of any driver in the following
26situations:

 

 

HB5056 Enrolled- 4 -LRB097 19016 HEP 64255 b

1        1. Of any minor upon receiving the notice provided for
2    in Section 5-901 of the Juvenile Court Act of 1987 that the
3    minor has been adjudicated under that Act as having
4    committed an offense relating to motor vehicles prescribed
5    in Section 4-103 of this Code;
6        2. Of any person when any other law of this State
7    requires either the revocation or suspension of a license
8    or permit;
9        3. Of any person adjudicated under the Juvenile Court
10    Act of 1987 based on an offense determined to have been
11    committed in furtherance of the criminal activities of an
12    organized gang as provided in Section 5-710 of that Act,
13    and that involved the operation or use of a motor vehicle
14    or the use of a driver's license or permit. The revocation
15    shall remain in effect for the period determined by the
16    court. Upon the direction of the court, the Secretary shall
17    issue the person a judicial driving permit, also known as a
18    JDP. The JDP shall be subject to the same terms as a JDP
19    issued under Section 6-206.1, except that the court may
20    direct that a JDP issued under this subdivision (b)(3) be
21    effective immediately.
22    (c)(1) Whenever a person is convicted of any of the
23offenses enumerated in this Section, the court may recommend
24and the Secretary of State in his discretion, without regard to
25whether the recommendation is made by the court may, upon
26application, issue to the person a restricted driving permit

 

 

HB5056 Enrolled- 5 -LRB097 19016 HEP 64255 b

1granting the privilege of driving a motor vehicle between the
2petitioner's residence and petitioner's place of employment or
3within the scope of the petitioner's employment related duties,
4or to allow the petitioner to transport himself or herself or a
5family member of the petitioner's household to a medical
6facility for the receipt of necessary medical care or to allow
7the petitioner to transport himself or herself to and from
8alcohol or drug remedial or rehabilitative activity
9recommended by a licensed service provider, or to allow the
10petitioner to transport himself or herself or a family member
11of the petitioner's household to classes, as a student, at an
12accredited educational institution, or to allow the petitioner
13to transport children, elderly persons, or disabled persons who
14do not hold driving privileges and are living in the
15petitioner's household to and from daycare; if the petitioner
16is able to demonstrate that no alternative means of
17transportation is reasonably available and that the petitioner
18will not endanger the public safety or welfare; provided that
19the Secretary's discretion shall be limited to cases where
20undue hardship, as defined by the rules of the Secretary of
21State, would result from a failure to issue the restricted
22driving permit. Those multiple offenders identified in
23subdivision (b)4 of Section 6-208 of this Code, however, shall
24not be eligible for the issuance of a restricted driving
25permit.
26        (2) If a person's license or permit is revoked or

 

 

HB5056 Enrolled- 6 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 7 -LRB097 19016 HEP 64255 b

1            (B) a person has been convicted of one violation of
2        Section 6-303 of this Code committed while his or her
3        driver's license, permit, or privilege was revoked
4        because of a violation of Section 9-3 of the Criminal
5        Code of 1961, relating to the offense of reckless
6        homicide where the use of alcohol or other drugs was
7        recited as an element of the offense, or a similar
8        provision of a law of another state;
9    that person, if issued a restricted driving permit, may not
10    operate a vehicle unless it has been equipped with an
11    ignition interlock device as defined in Section 1-129.1.
12        (4) The person issued a permit conditioned on the use
13    of an ignition interlock device must pay to the Secretary
14    of State DUI Administration Fund an amount not to exceed
15    $30 per month. The Secretary shall establish by rule the
16    amount and the procedures, terms, and conditions relating
17    to these fees.
18        (5) If the restricted driving permit is issued for
19    employment purposes, then the prohibition against
20    operating a motor vehicle that is not equipped with an
21    ignition interlock device does not apply to the operation
22    of an occupational vehicle owned or leased by that person's
23    employer when used solely for employment purposes.
24        (6) In each case the Secretary of State may issue a
25    restricted driving permit for a period he deems
26    appropriate, except that the permit shall expire within one

 

 

HB5056 Enrolled- 8 -LRB097 19016 HEP 64255 b

1    year from the date of issuance. The Secretary may not,
2    however, issue a restricted driving permit to any person
3    whose current revocation is the result of a second or
4    subsequent conviction for a violation of Section 11-501 of
5    this Code or a similar provision of a local ordinance or
6    any similar out-of-state offense, or Section 9-3 of the
7    Criminal Code of 1961, where the use of alcohol or other
8    drugs is recited as an element of the offense, or any
9    similar out-of-state offense, or any combination of these
10    offenses, until the expiration of at least one year from
11    the date of the revocation. A restricted driving permit
12    issued under this Section shall be subject to cancellation,
13    revocation, and suspension by the Secretary of State in
14    like manner and for like cause as a driver's license issued
15    under this Code may be cancelled, revoked, or suspended;
16    except that a conviction upon one or more offenses against
17    laws or ordinances regulating the movement of traffic shall
18    be deemed sufficient cause for the revocation, suspension,
19    or cancellation of a restricted driving permit. The
20    Secretary of State may, as a condition to the issuance of a
21    restricted driving permit, require the petitioner to
22    participate in a designated driver remedial or
23    rehabilitative program. The Secretary of State is
24    authorized to cancel a restricted driving permit if the
25    permit holder does not successfully complete the program.
26    However, if an individual's driving privileges have been

 

 

HB5056 Enrolled- 9 -LRB097 19016 HEP 64255 b

1    revoked in accordance with paragraph 13 of subsection (a)
2    of this Section, no restricted driving permit shall be
3    issued until the individual has served 6 months of the
4    revocation period.
5    (c-5) (Blank).
6    (c-6) If a person is convicted of a second violation of
7operating a motor vehicle while the person's driver's license,
8permit or privilege was revoked, where the revocation was for a
9violation of Section 9-3 of the Criminal Code of 1961 relating
10to the offense of reckless homicide or a similar out-of-state
11offense, the person's driving privileges shall be revoked
12pursuant to subdivision (a)(15) of this Section. The person may
13not make application for a license or permit until the
14expiration of five years from the effective date of the
15revocation or the expiration of five years from the date of
16release from a term of imprisonment, whichever is later.
17    (c-7) If a person is convicted of a third or subsequent
18violation of operating a motor vehicle while the person's
19driver's license, permit or privilege was revoked, where the
20revocation was for a violation of Section 9-3 of the Criminal
21Code of 1961 relating to the offense of reckless homicide or a
22similar out-of-state offense, the person may never apply for a
23license or permit.
24    (d)(1) Whenever a person under the age of 21 is convicted
25under Section 11-501 of this Code or a similar provision of a
26local ordinance or a similar out-of-state offense, the

 

 

HB5056 Enrolled- 10 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 11 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 12 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 13 -LRB097 19016 HEP 64255 b

1    (g) 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 revoked under any provisions of
4this Code.
5    (h) The Secretary of State shall require the use of
6ignition interlock devices on all vehicles owned by a person
7who has been convicted of a second or subsequent offense under
8Section 11-501 of this Code or a similar provision of a local
9ordinance. The person must pay to the Secretary of State DUI
10Administration Fund an amount not to exceed $30 for each month
11that he or she uses the device. The Secretary shall establish
12by rule and regulation the procedures for certification and use
13of the interlock system, the amount of the fee, and the
14procedures, terms, and conditions relating to these fees.
15    (i) (Blank).
16    (j) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been revoked, suspended,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
237-1-11; 97-333, eff. 8-12-11.)
 
24    (625 ILCS 5/6-206)
25    Sec. 6-206. Discretionary authority to suspend or revoke

 

 

HB5056 Enrolled- 14 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 15 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 16 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 17 -LRB097 19016 HEP 64255 b

1    11-501.1;
2        18. Has, since issuance of a driver's license or
3    permit, been adjudged to be afflicted with or suffering
4    from any mental disability or disease;
5        19. Has committed a violation of paragraph (a) or (b)
6    of Section 6-101 relating to driving without a driver's
7    license;
8        20. Has been convicted of violating Section 6-104
9    relating to classification of driver's license;
10        21. Has been convicted of violating Section 11-402 of
11    this Code relating to leaving the scene of an accident
12    resulting in damage to a vehicle in excess of $1,000, in
13    which case the suspension shall be for one year;
14        22. Has used a motor vehicle in violating paragraph
15    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16    the Criminal Code of 1961 relating to unlawful use of
17    weapons, in which case the suspension shall be for one
18    year;
19        23. Has, as a driver, been convicted of committing a
20    violation of paragraph (a) of Section 11-502 of this Code
21    for a second or subsequent time within one year of a
22    similar violation;
23        24. Has been convicted by a court-martial or punished
24    by non-judicial punishment by military authorities of the
25    United States at a military installation in Illinois of or
26    for a traffic related offense that is the same as or

 

 

HB5056 Enrolled- 18 -LRB097 19016 HEP 64255 b

1    similar to an offense specified under Section 6-205 or
2    6-206 of this Code;
3        25. Has permitted any form of identification to be used
4    by another in the application process in order to obtain or
5    attempt to obtain a license, identification card, or
6    permit;
7        26. Has altered or attempted to alter a license or has
8    possessed an altered license, identification card, or
9    permit;
10        27. Has violated Section 6-16 of the Liquor Control Act
11    of 1934;
12        28. Has been convicted of the illegal possession, while
13    operating or in actual physical control, as a driver, of a
14    motor vehicle, of any controlled substance prohibited
15    under the Illinois Controlled Substances Act, any cannabis
16    prohibited under the Cannabis Control Act, or any
17    methamphetamine prohibited under the Methamphetamine
18    Control and Community Protection Act, in which case the
19    person's driving privileges shall be suspended for one
20    year, and any driver who is convicted of a second or
21    subsequent offense, within 5 years of a previous
22    conviction, for the illegal possession, while operating or
23    in actual physical control, as a driver, of a motor
24    vehicle, of any controlled substance prohibited under the
25    Illinois Controlled Substances Act, any cannabis
26    prohibited under the Cannabis Control Act, or any

 

 

HB5056 Enrolled- 19 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 20 -LRB097 19016 HEP 64255 b

1    Section 11-501.6 or has submitted to a test resulting in an
2    alcohol concentration of 0.08 or more or any amount of a
3    drug, substance, or compound resulting from the unlawful
4    use or consumption of cannabis as listed in the Cannabis
5    Control Act, a controlled substance as listed in the
6    Illinois Controlled Substances Act, an intoxicating
7    compound as listed in the Use of Intoxicating Compounds
8    Act, or methamphetamine as listed in the Methamphetamine
9    Control and Community Protection Act, in which case the
10    penalty shall be as prescribed in Section 6-208.1;
11        32. Has been convicted of Section 24-1.2 of the
12    Criminal Code of 1961 relating to the aggravated discharge
13    of a firearm if the offender was located in a motor vehicle
14    at the time the firearm was discharged, in which case the
15    suspension shall be for 3 years;
16        33. Has as a driver, who was less than 21 years of age
17    on the date of the offense, been convicted a first time of
18    a violation of paragraph (a) of Section 11-502 of this Code
19    or a similar provision of a local ordinance;
20        34. Has committed a violation of Section 11-1301.5 of
21    this Code or a similar provision of a local ordinance;
22        35. Has committed a violation of Section 11-1301.6 of
23    this Code or a similar provision of a local ordinance;
24        36. Is under the age of 21 years at the time of arrest
25    and has been convicted of not less than 2 offenses against
26    traffic regulations governing the movement of vehicles

 

 

HB5056 Enrolled- 21 -LRB097 19016 HEP 64255 b

1    committed within any 24 month period. No revocation or
2    suspension shall be entered more than 6 months after the
3    date of last conviction;
4        37. Has committed a violation of subsection (c) of
5    Section 11-907 of this Code that resulted in damage to the
6    property of another or the death or injury of another;
7        38. Has been convicted of a violation of Section 6-20
8    of the Liquor Control Act of 1934 or a similar provision of
9    a local ordinance;
10        39. Has committed a second or subsequent violation of
11    Section 11-1201 of this Code;
12        40. Has committed a violation of subsection (a-1) of
13    Section 11-908 of this Code;
14        41. Has committed a second or subsequent violation of
15    Section 11-605.1 of this Code, a similar provision of a
16    local ordinance, or a similar violation in any other state
17    within 2 years of the date of the previous violation, in
18    which case the suspension shall be for 90 days;
19        42. Has committed a violation of subsection (a-1) of
20    Section 11-1301.3 of this Code or a similar provision of a
21    local ordinance;
22        43. Has received a disposition of court supervision for
23    a violation of subsection (a), (d), or (e) of Section 6-20
24    of the Liquor Control Act of 1934 or a similar provision of
25    a local ordinance, in which case the suspension shall be
26    for a period of 3 months;

 

 

HB5056 Enrolled- 22 -LRB097 19016 HEP 64255 b

1        44. Is under the age of 21 years at the time of arrest
2    and has been convicted of an offense against traffic
3    regulations governing the movement of vehicles after
4    having previously had his or her driving privileges
5    suspended or revoked pursuant to subparagraph 36 of this
6    Section; or
7        45. Has, in connection with or during the course of a
8    formal hearing conducted under Section 2-118 of this Code:
9    (i) committed perjury; (ii) submitted fraudulent or
10    falsified documents; (iii) submitted documents that have
11    been materially altered; or (iv) submitted, as his or her
12    own, documents that were in fact prepared or composed for
13    another person.
14    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15and 27 of this subsection, license means any driver's license,
16any traffic ticket issued when the person's driver's license is
17deposited in lieu of bail, a suspension notice issued by the
18Secretary of State, a duplicate or corrected driver's license,
19a probationary driver's license or a temporary driver's
20license.
21    (b) If any conviction forming the basis of a suspension or
22revocation authorized under this Section is appealed, the
23Secretary of State may rescind or withhold the entry of the
24order of suspension or revocation, as the case may be, provided
25that a certified copy of a stay order of a court is filed with
26the Secretary of State. If the conviction is affirmed on

 

 

HB5056 Enrolled- 23 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 24 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 25 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 26 -LRB097 19016 HEP 64255 b

1        Section 9-3 of the Criminal Code of 1961, where the use
2        of alcohol or other drugs is recited as an element of
3        the offense, or a similar out-of-state offense, or a
4        combination of these offenses, arising out of separate
5        occurrences, that person, if issued a restricted
6        driving permit, may not operate a vehicle unless it has
7        been equipped with an ignition interlock device as
8        defined in Section 1-129.1.
9            (B) If 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 under Section 6-203.1;
22        arising out of separate occurrences; that person, if
23        issued a restricted driving permit, may not operate a
24        vehicle unless it has been equipped with an ignition
25        interlock device as defined in Section 1-129.1.
26            (C) The person issued a permit conditioned upon the

 

 

HB5056 Enrolled- 27 -LRB097 19016 HEP 64255 b

1        use of an ignition interlock device must pay to the
2        Secretary of State DUI Administration Fund an amount
3        not to exceed $30 per month. The Secretary shall
4        establish by rule the amount and the procedures, terms,
5        and conditions relating to these fees.
6            (D) If the restricted driving permit is issued for
7        employment purposes, then the prohibition against
8        operating a motor vehicle that is not equipped with an
9        ignition interlock device does not apply to the
10        operation of an occupational vehicle owned or leased by
11        that person's employer when used solely for employment
12        purposes.
13            (E) In each case the Secretary may issue a
14        restricted driving permit for a period deemed
15        appropriate, except that all permits shall expire
16        within one year from the date of issuance. The
17        Secretary may not, however, issue a restricted driving
18        permit to any person whose current revocation is the
19        result of a second or subsequent conviction for a
20        violation of Section 11-501 of this Code or a similar
21        provision of a local ordinance or any similar
22        out-of-state offense, or Section 9-3 of the Criminal
23        Code of 1961, where the use of alcohol or other drugs
24        is recited as an element of the offense, or any similar
25        out-of-state offense, or any combination of those
26        offenses, until the expiration of at least one year

 

 

HB5056 Enrolled- 28 -LRB097 19016 HEP 64255 b

1        from the date of the revocation. A restricted driving
2        permit issued under this Section shall be subject to
3        cancellation, revocation, and suspension by the
4        Secretary of State in like manner and for like cause as
5        a driver's license issued under this Code may be
6        cancelled, revoked, or suspended; except that a
7        conviction upon one or more offenses against laws or
8        ordinances regulating the movement of traffic shall be
9        deemed sufficient cause for the revocation,
10        suspension, or cancellation of a restricted driving
11        permit. The Secretary of State may, as a condition to
12        the issuance of a restricted driving permit, require
13        the applicant to participate in a designated driver
14        remedial or rehabilitative program. The Secretary of
15        State is authorized to cancel a restricted driving
16        permit if the permit holder does not successfully
17        complete the program.
18    (c-3) In the case of a suspension under paragraph 43 of
19subsection (a), reports received by the Secretary of State
20under this Section shall, except during the actual time the
21suspension is in effect, be privileged information and for use
22only by the courts, police officers, prosecuting authorities,
23the driver licensing administrator of any other state, the
24Secretary of State, or the parent or legal guardian of a driver
25under the age of 18. However, beginning January 1, 2008, if the
26person is a CDL holder, the suspension shall also be made

 

 

HB5056 Enrolled- 29 -LRB097 19016 HEP 64255 b

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

 

 

HB5056 Enrolled- 30 -LRB097 19016 HEP 64255 b

1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
396-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
47-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
5eff. 8-12-11; revised 9-15-11.)
 
6    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
7    Sec. 11-1301.3. Unauthorized use of parking places
8reserved for persons with disabilities.
9    (a) It shall be prohibited to park any motor vehicle which
10is not properly displaying registration plates or decals issued
11to a person with disabilities, as defined by Section 1-159.1,
12pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
13disabled veteran pursuant to Section 3-609 of this Act, as
14evidence that the vehicle is operated by or for a person with
15disabilities or disabled veteran, in any parking place,
16including any private or public offstreet parking facility,
17specifically reserved, by the posting of an official sign as
18designated under Section 11-301, for motor vehicles displaying
19such registration plates. It shall be prohibited to park any
20motor vehicle in a designated access aisle adjacent to any
21parking place specifically reserved for persons with
22disabilities, by the posting of an official sign as designated
23under Section 11-301, for motor vehicles displaying such
24registration plates. When using the parking privileges for
25persons with disabilities, the parking decal or device must be

 

 

HB5056 Enrolled- 31 -LRB097 19016 HEP 64255 b

1displayed properly in the vehicle where it is clearly visible
2to law enforcement personnel, either hanging from the rearview
3mirror or placed on the dashboard of the vehicle in clear view.
4Disability license plates and parking decals and devices are
5not transferable from person to person. Proper usage of the
6disability license plate or parking decal or device requires
7the authorized holder to be present and enter or exit the
8vehicle at the time the parking privileges are being used. It
9is a violation of this Section to park in a space reserved for
10a person with disabilities if the authorized holder of the
11disability license plate or parking decal or device does not
12enter or exit the vehicle at the time the parking privileges
13are being used. Any motor vehicle properly displaying a
14disability license plate or a parking decal or device
15containing the International symbol of access issued to persons
16with disabilities by any local authority, state, district,
17territory or foreign country shall be recognized by State and
18local authorities as a valid license plate or device and
19receive the same parking privileges as residents of this State.
20    (a-1) An individual with a vehicle displaying disability
21license plates or a parking decal or device issued to a
22qualified person with a disability under Sections 3-616,
2311-1301.1, or 11-1301.2 or to a disabled veteran under Section
243-609 is in violation of this Section if (i) the person using
25the disability license plate or parking decal or device is not
26the authorized holder of the disability license plate or

 

 

HB5056 Enrolled- 32 -LRB097 19016 HEP 64255 b

1parking decal or device or is not transporting the authorized
2holder of the disability license plate or parking decal or
3device to or from the parking location and (ii) the person uses
4the disability license plate or parking decal or device to
5exercise any privileges granted through the disability license
6plate or parking decals or devices under this Code.
7    (a-2) A driver of a vehicle displaying disability license
8plates or a parking decal or device issued to a qualified
9person with a disability under Section 3-616, 11-1301.1, or
1011-1301.2 or to a disabled veteran under Section 3-609 is in
11violation of this Section if (i) the person to whom the
12disability license plate or parking decal or device was issued
13is deceased and (ii) the driver uses the disability license
14plate or parking decal or device to exercise any privileges
15granted through a disability license plate or parking decal or
16device under this Code.
17    (b) Any person or local authority owning or operating any
18public or private offstreet parking facility may, after
19notifying the police or sheriff's department, remove or cause
20to be removed to the nearest garage or other place of safety
21any vehicle parked within a stall or space reserved for use by
22a person with disabilities which does not display person with
23disabilities registration plates or a special decal or device
24as required under this Section.
25    (c) Any person found guilty of violating the provisions of
26subsection (a) shall be fined $250 in addition to any costs or

 

 

HB5056 Enrolled- 33 -LRB097 19016 HEP 64255 b

1charges connected with the removal or storage of any motor
2vehicle authorized under this Section; but municipalities by
3ordinance may impose a fine up to $350 and shall display signs
4indicating the fine imposed. If the amount of the fine is
5subsequently changed, the municipality shall change the sign to
6indicate the current amount of the fine. It shall not be a
7defense to a charge under this Section that either the sign
8posted pursuant to this Section or the intended accessible
9parking place does not comply with the technical requirements
10of Section 11-301, Department regulations, or local ordinance
11if a reasonable person would be made aware by the sign or
12notice on or near the parking place that the place is reserved
13for a person with disabilities.
14    (c-1) Any person found guilty of violating the provisions
15of subsection (a-1) a first time shall be fined $500. Any
16person found guilty of violating subsection (a-1) a second or
17subsequent time shall be fined $1,000 $750. Any person who
18violates found guilty of violating subsection (a-2) is guilty
19of a Class A misdemeanor and (a-1) a third or subsequent time
20shall be fined $2,500 $1,000. The circuit clerk shall
21distribute 50% of the fine imposed on any person who is found
22guilty of or pleads guilty to violating this Section, including
23any person placed on court supervision for violating this
24Section, to the law enforcement agency that issued the citation
25or made the arrest. If more than one law enforcement agency is
26responsible for issuing the citation or making the arrest, the

 

 

HB5056 Enrolled- 34 -LRB097 19016 HEP 64255 b

150% of the fine imposed shall be shared equally. If an officer
2of the Secretary of State Department of Police arrested a
3person for a violation of this Section, 50% of the fine imposed
4shall be deposited into the Secretary of State Police Services
5Fund.
6    (d) Local authorities shall impose fines as established in
7subsections (c) and (c-1) for violations of this Section.
8    (e) As used in this Section, "authorized holder" means an
9individual issued a disability license plate under Section
103-616 of this Code, an individual issued a parking decal or
11device under Section 11-1301.2 of this Code, or an individual
12issued a disabled veteran's license plate under Section 3-609
13of this Code.
14    (f) Any person who commits a violation of subsection (a-1)
15or a similar provision of a local ordinance may have his or her
16driving privileges suspended or revoked by the Secretary of
17State for a period of time determined by the Secretary of
18State. Any person who commits a violation of subsection (a-2)
19or a similar provision of a local ordinance shall have his or
20her driving privileges revoked by the Secretary of State. The
21Secretary of State may also suspend or revoke the disability
22license plates or parking decal or device for a period of time
23determined by the Secretary of State.
24    (g) Any police officer may seize the parking decal or
25device from any person who commits a violation of this Section.
26Any police officer may seize the disability license plate upon

 

 

HB5056 Enrolled- 35 -LRB097 19016 HEP 64255 b

1authorization from the Secretary of State. Any police officer
2may request that the Secretary of State revoke the parking
3decal or device or the disability license plate of any person
4who commits a violation of this Section.
5(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
6eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962,
7eff. 7-2-10; 96-1000, eff. 7-2-10.)
 
8    (625 ILCS 5/11-1301.5)
9    Sec. 11-1301.5. Fictitious or unlawfully altered
10disability license plate or parking decal or device.
11    (a) As used in this Section:
12    "Fictitious disability license plate or parking decal or
13device" means any issued disability license plate or parking
14decal or device, or any license plate issued to a disabled
15veteran under Section 3-609 of this Code, that has been issued
16by the Secretary of State or an authorized unit of local
17government that was issued based upon false information
18contained on the required application.
19    "False information" means any incorrect or inaccurate
20information concerning the name, date of birth, social security
21number, driver's license number, physician certification, or
22any other information required on the Persons with Disabilities
23Certification for Plate or Parking Placard, on the Application
24for Replacement Disability Parking Placard, or on the
25application for license plates issued to disabled veterans

 

 

HB5056 Enrolled- 36 -LRB097 19016 HEP 64255 b

1under Section 3-609 of this Code, that falsifies the content of
2the application.
3    "Unlawfully altered disability license plate or parking
4permit or device" means any disability license plate or parking
5permit or device, or any license plate issued to a disabled
6veteran under Section 3-609 of this Code, issued by the
7Secretary of State or an authorized unit of local government
8that has been physically altered or changed in such manner that
9false information appears on the license plate or parking decal
10or device.
11    "Authorized holder" means an individual issued a
12disability license plate under Section 3-616 of this Code or an
13individual issued a parking decal or device under Section
1411-1301.2 of this Code, or an individual issued a disabled
15veteran's license plate under Section 3-609 of this Code.
16    (b) It is a violation of this Section for any person:
17        (1) to knowingly possess any fictitious or unlawfully
18    altered disability license plate or parking decal or
19    device;
20        (2) to knowingly issue or assist in the issuance of, by
21    the Secretary of State or unit of local government, any
22    fictitious disability license plate or parking decal or
23    device;
24        (3) to knowingly alter any disability license plate or
25    parking decal or device;
26        (4) to knowingly manufacture, possess, transfer, or

 

 

HB5056 Enrolled- 37 -LRB097 19016 HEP 64255 b

1    provide any documentation used in the application process
2    whether real or fictitious, for the purpose of obtaining a
3    fictitious disability license plate or parking decal or
4    device;
5        (5) to knowingly provide any false information to the
6    Secretary of State or a unit of local government in order
7    to obtain a disability license plate or parking decal or
8    device; or
9        (6) to knowingly transfer a disability license plate or
10    parking decal or device for the purpose of exercising the
11    privileges granted to an authorized holder of a disability
12    license plate or parking decal or device under this Code in
13    the absence of the authorized holder.
14    (c) Sentence.
15        (1) Any person convicted of a violation of paragraph
16    (1), (2), (3), (4), or (5) of subsection (b) of this
17    Section shall be guilty of a Class A misdemeanor and fined
18    not less than $500 for a first offense and shall be guilty
19    of a Class 4 felony and fined not less than $1,000 for a
20    second or subsequent offense. Any person convicted of a
21    violation of subdivision (b)(6) of this Section is guilty
22    of a Class A misdemeanor and shall be fined not less than
23    $500 for a first offense and not less than $1,000 for a
24    second or subsequent offense. The circuit clerk shall
25    distribute one-half of any fine imposed on any person who
26    is found guilty of or pleads guilty to violating this

 

 

HB5056 Enrolled- 38 -LRB097 19016 HEP 64255 b

1    Section, including any person placed on court supervision
2    for violating this Section, to the law enforcement agency
3    that issued the citation or made the arrest. If more than
4    one law enforcement agency is responsible for issuing the
5    citation or making the arrest, one-half of the fine imposed
6    shall be shared equally.
7        (2) Any person who commits a violation of this Section
8    or a similar provision of a local ordinance may have his or
9    her driving privileges suspended or revoked by the
10    Secretary of State for a period of time determined by the
11    Secretary of State. The Secretary of State may suspend or
12    revoke the parking decal or device or the disability
13    license plate of any person who commits a violation of this
14    Section.
15        (3) Any police officer may seize the parking decal or
16    device from any person who commits a violation of this
17    Section. Any police officer may seize the disability
18    license plate upon authorization from the Secretary of
19    State. Any police officer may request that the Secretary of
20    State revoke the parking decal or device or the disability
21    license plate of any person who commits a violation of this
22    Section.
23(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
 
24    (625 ILCS 5/11-1301.6)
25    Sec. 11-1301.6. Fraudulent disability license plate or

 

 

HB5056 Enrolled- 39 -LRB097 19016 HEP 64255 b

1parking decal or device.
2    (a) As used in this Section:
3    "Fraudulent disability license plate or parking decal or
4device" means any disability license plate or parking decal or
5device that purports to be an official disability license plate
6or parking decal or device and that has not been issued by the
7Secretary of State or an authorized unit of local government.
8    "Disability license plate or parking decal or
9device-making implement" means any implement specially
10designed or primarily used in the manufacture, assembly, or
11authentication of a disability license plate or parking decal
12or device, or a license plate issued to a disabled veteran
13under Section 3-609 of this Code, issued by the Secretary of
14State or a unit of local government.
15    (b) It is a violation of this Section for any person:
16         (1) to knowingly possess any fraudulent disability
17    license plate or parking decal;
18         (2) to knowingly possess without authority any
19    disability license plate or parking decal or device-making
20    implement;
21         (3) to knowingly duplicate, manufacture, sell, or
22    transfer any fraudulent or stolen disability license plate
23    or parking decal or device;
24         (4) to knowingly assist in the duplication,
25    manufacturing, selling, or transferring of any fraudulent,
26    stolen, or reported lost or damaged disability license

 

 

HB5056 Enrolled- 40 -LRB097 19016 HEP 64255 b

1    plate or parking decal or device; or
2         (5) to advertise or distribute a fraudulent disability
3    license plate or parking decal or device.
4    (c) Sentence.
5         (1) Any person convicted of a violation of this
6    Section shall be guilty of a Class A misdemeanor and fined
7    not less than $1,000 for a first offense and shall be
8    guilty of a Class 4 felony and fined not less than $2,000
9    for a second or subsequent offense. The circuit clerk shall
10    distribute half of any fine imposed on any person who is
11    found guilty of or pleads guilty to violating this Section,
12    including any person placed on court supervision for
13    violating this Section, to the law enforcement agency that
14    issued the citation or made the arrest. If more than one
15    law enforcement agency is responsible for issuing the
16    citation or making the arrest, one-half of the fine imposed
17    shall be shared equally.
18         (2) Any person who commits a violation of this Section
19    or a similar provision of a local ordinance may have his or
20    her driving privileges suspended or revoked by the
21    Secretary of State for a period of time determined by the
22    Secretary of State.
23         (3) Any police officer may seize the parking decal or
24    device from any person who commits a violation of this
25    Section. Any police officer may seize the disability
26    license plate upon authorization from the Secretary of

 

 

HB5056 Enrolled- 41 -LRB097 19016 HEP 64255 b

1    State. Any police officer may request that the Secretary of
2    State revoke the parking decal or device or the disability
3    license plate of any person who commits a violation of this
4    Section.
5(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)