Rep. Michael J. Zalewski

Filed: 3/13/2014

 

 


 

 


 
09800HB4091ham001LRB098 15649 MRW 56887 a

1
AMENDMENT TO HOUSE BILL 4091

2    AMENDMENT NO. ______. Amend House Bill 4091 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Metropolitan Transit Authority Act is
5amended by changing Section 28b as follows:
 
6    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
7    Sec. 28b. Any person applying for a position as a driver of
8a vehicle owned by a private carrier company which provides
9public transportation pursuant to an agreement with the
10Authority shall be required to authorize an investigation by
11the private carrier company to determine if the applicant has
12been convicted of any of the following offenses: (i) those
13offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1410-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1511-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1611-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

 

 

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111-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
212-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
312-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1, 31A-1.1,
4and 33A-2, in subsection (a) and subsection (b), clause (1), of
5Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of
6Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of
7the Criminal Code of 1961 or the Criminal Code of 2012; (ii)
8those offenses defined in the Cannabis Control Act except those
9offenses defined in subsection (c) subsections (a) and (b) of
10Section 4, and subsection (a) of Section 5 of the Cannabis
11Control Act (iii) those offenses defined in the Illinois
12Controlled Substances Act; (iv) those offenses defined in the
13Methamphetamine Control and Community Protection Act; and (v)
14any offense committed or attempted in any other state or
15against the laws of the United States, which if committed or
16attempted in this State would be punishable as one or more of
17the foregoing offenses. Upon receipt of this authorization, the
18private carrier company shall submit the applicant's name, sex,
19race, date of birth, fingerprints and social security number to
20the Department of State Police on forms prescribed by the
21Department. The Department of State Police shall conduct an
22investigation to ascertain if the applicant has been convicted
23of any of the above enumerated offenses. The Department shall
24charge the private carrier company a fee for conducting the
25investigation, which fee shall be deposited in the State Police
26Services Fund and shall not exceed the cost of the inquiry; and

 

 

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1the applicant shall not be charged a fee for such investigation
2by the private carrier company. The Department of State Police
3shall furnish, pursuant to positive identification, records of
4convictions, until expunged, to the private carrier company
5which requested the investigation. A copy of the record of
6convictions obtained from the Department shall be provided to
7the applicant. Any record of conviction received by the private
8carrier company shall be confidential. Any person who releases
9any confidential information concerning any criminal
10convictions of an applicant shall be guilty of a Class A
11misdemeanor, unless authorized by this Section.
12(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
1396-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.
141-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
15    Section 10. The School Code is amended by changing Section
1621B-80 as follows:
 
17    (105 ILCS 5/21B-80)
18    Sec. 21B-80. Conviction of certain offenses as grounds for
19revocation of license.
20    (a) As used in this Section:
21    "Narcotics offense" means any one or more of the following
22offenses:
23        (1) Any offense defined in the Cannabis Control Act,
24    except those defined in subdivision (c) subdivisions (a)

 

 

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1    and (b) of Section 4 and subdivision (a) of Section 5 of
2    the Cannabis Control Act and any offense for which the
3    holder of a license is placed on probation under the
4    provisions of Section 10 of the Cannabis Control Act,
5    provided that if the terms and conditions of probation
6    required by the court are not fulfilled, the offense is not
7    eligible for this exception.
8        (2) Any offense defined in the Illinois Controlled
9    Substances Act, except any offense for which the holder of
10    a license is placed on probation under the provisions of
11    Section 410 of the Illinois Controlled Substances Act,
12    provided that if the terms and conditions of probation
13    required by the court are not fulfilled, the offense is not
14    eligible for this exception.
15        (3) Any offense defined in the Methamphetamine Control
16    and Community Protection Act, except any offense for which
17    the holder of a license is placed on probation under the
18    provision of Section 70 of that Act, provided that if the
19    terms and conditions of probation required by the court are
20    not fulfilled, the offense is not eligible for this
21    exception.
22        (4) Any attempt to commit any of the offenses listed in
23    items (1) through (3) of this definition.
24        (5) Any offense committed or attempted in any other
25    state or against the laws of the United States that, if
26    committed or attempted in this State, would have been

 

 

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1    punishable as one or more of the offenses listed in items
2    (1) through (4) of this definition.
3The changes made by Public Act 96-431 to the definition of
4"narcotics offense" are declaratory of existing law.
5    "Sex offense" means any one or more of the following
6offenses:
7        (A) Any offense defined in Sections 11-6, 11-9 through
8    11-9.5, inclusive, and 11-30, of the Criminal Code of 1961
9    or the Criminal Code of 2012; Sections 11-14 through 11-21,
10    inclusive, of the Criminal Code of 1961 or the Criminal
11    Code of 2012; Sections 11-23 (if punished as a Class 3
12    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
13    1961 or the Criminal Code of 2012; and Sections 11-1.20,
14    11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
15    12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the
16    Criminal Code of 1961 or the Criminal Code of 2012.
17        (B) Any attempt to commit any of the offenses listed in
18    item (A) of this definition.
19        (C) Any offense committed or attempted in any other
20    state that, if committed or attempted in this State, would
21    have been punishable as one or more of the offenses listed
22    in items (A) and (B) of this definition.
23    (b) Whenever the holder of any license issued pursuant to
24this Article has been convicted of any sex offense or narcotics
25offense, the State Superintendent of Education shall forthwith
26suspend the license. If the conviction is reversed and the

 

 

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1holder is acquitted of the offense in a new trial or the
2charges against him or her are dismissed, the State
3Superintendent of Education shall forthwith terminate the
4suspension of the license. When the conviction becomes final,
5the State Superintendent of Education shall forthwith revoke
6the license.
7    (c) Whenever the holder of a license issued pursuant to
8this Article has been convicted of attempting to commit,
9conspiring to commit, soliciting, or committing first degree
10murder or a Class X felony or any offense committed or
11attempted in any other state or against the laws of the United
12States that, if committed or attempted in this State, would
13have been punishable as one or more of the foregoing offenses,
14the State Superintendent of Education shall forthwith suspend
15the license. If the conviction is reversed and the holder is
16acquitted of that offense in a new trial or the charges that he
17or she committed that offense are dismissed, the State
18Superintendent of Education shall forthwith terminate the
19suspension of the license. When the conviction becomes final,
20the State Superintendent of Education shall forthwith revoke
21the license.
22(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
237-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
24    Section 15. The Illinois Vehicle Code is amended by
25changing Sections 6-106.1 and 6-508 as follows:
 

 

 

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1    (625 ILCS 5/6-106.1)
2    Sec. 6-106.1. School bus driver permit.
3    (a) The Secretary of State shall issue a school bus driver
4permit to those applicants who have met all the requirements of
5the application and screening process under this Section to
6insure the welfare and safety of children who are transported
7on school buses throughout the State of Illinois. Applicants
8shall obtain the proper application required by the Secretary
9of State from their prospective or current employer and submit
10the completed application to the prospective or current
11employer along with the necessary fingerprint submission as
12required by the Department of State Police to conduct
13fingerprint based criminal background checks on current and
14future information available in the state system and current
15information available through the Federal Bureau of
16Investigation's system. Applicants who have completed the
17fingerprinting requirements shall not be subjected to the
18fingerprinting process when applying for subsequent permits or
19submitting proof of successful completion of the annual
20refresher course. Individuals who on the effective date of this
21Act possess a valid school bus driver permit that has been
22previously issued by the appropriate Regional School
23Superintendent are not subject to the fingerprinting
24provisions of this Section as long as the permit remains valid
25and does not lapse. The applicant shall be required to pay all

 

 

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1related application and fingerprinting fees as established by
2rule including, but not limited to, the amounts established by
3the Department of State Police and the Federal Bureau of
4Investigation to process fingerprint based criminal background
5investigations. All fees paid for fingerprint processing
6services under this Section shall be deposited into the State
7Police Services Fund for the cost incurred in processing the
8fingerprint based criminal background investigations. All
9other fees paid under this Section shall be deposited into the
10Road Fund for the purpose of defraying the costs of the
11Secretary of State in administering this Section. All
12applicants must:
13        1. be 21 years of age or older;
14        2. possess a valid and properly classified driver's
15    license issued by the Secretary of State;
16        3. possess a valid driver's license, which has not been
17    revoked, suspended, or canceled for 3 years immediately
18    prior to the date of application, or have not had his or
19    her commercial motor vehicle driving privileges
20    disqualified within the 3 years immediately prior to the
21    date of application;
22        4. successfully pass a written test, administered by
23    the Secretary of State, on school bus operation, school bus
24    safety, and special traffic laws relating to school buses
25    and submit to a review of the applicant's driving habits by
26    the Secretary of State at the time the written test is

 

 

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1    given;
2        5. demonstrate ability to exercise reasonable care in
3    the operation of school buses in accordance with rules
4    promulgated by the Secretary of State;
5        6. demonstrate physical fitness to operate school
6    buses by submitting the results of a medical examination,
7    including tests for drug use for each applicant not subject
8    to such testing pursuant to federal law, conducted by a
9    licensed physician, an advanced practice nurse who has a
10    written collaborative agreement with a collaborating
11    physician which authorizes him or her to perform medical
12    examinations, or a physician assistant who has been
13    delegated the performance of medical examinations by his or
14    her supervising physician within 90 days of the date of
15    application according to standards promulgated by the
16    Secretary of State;
17        7. affirm under penalties of perjury that he or she has
18    not made a false statement or knowingly concealed a
19    material fact in any application for permit;
20        8. have completed an initial classroom course,
21    including first aid procedures, in school bus driver safety
22    as promulgated by the Secretary of State; and after
23    satisfactory completion of said initial course an annual
24    refresher course; such courses and the agency or
25    organization conducting such courses shall be approved by
26    the Secretary of State; failure to complete the annual

 

 

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1    refresher course, shall result in cancellation of the
2    permit until such course is completed;
3        9. not have been under an order of court supervision
4    for or convicted of 2 or more serious traffic offenses, as
5    defined by rule, within one year prior to the date of
6    application that may endanger the life or safety of any of
7    the driver's passengers within the duration of the permit
8    period;
9        10. not have been under an order of court supervision
10    for or convicted of reckless driving, aggravated reckless
11    driving, driving while under the influence of alcohol,
12    other drug or drugs, intoxicating compound or compounds or
13    any combination thereof, or reckless homicide resulting
14    from the operation of a motor vehicle within 3 years of the
15    date of application;
16        11. not have been convicted of committing or attempting
17    to commit any one or more of the following offenses: (i)
18    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
19    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
20    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
21    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
22    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
23    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
24    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
25    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
26    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

 

 

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1    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
2    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
3    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
4    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
5    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
6    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
7    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
8    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
9    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
10    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
11    in subsection (a) and subsection (b), clause (1), of
12    Section 12-4, and in subsection (A), clauses (a) and (b),
13    of Section 24-3, and those offenses contained in Article
14    29D of the Criminal Code of 1961 or the Criminal Code of
15    2012; (ii) those offenses defined in the Cannabis Control
16    Act except those offenses defined in subsection (c)
17    subsections (a) and (b) of Section 4, and subsection (a) of
18    Section 5 of the Cannabis Control Act; (iii) those offenses
19    defined in the Illinois Controlled Substances Act; (iv)
20    those offenses defined in the Methamphetamine Control and
21    Community Protection Act; (v) any offense committed or
22    attempted in any other state or against the laws of the
23    United States, which if committed or attempted in this
24    State would be punishable as one or more of the foregoing
25    offenses; (vi) the offenses defined in Section 4.1 and 5.1
26    of the Wrongs to Children Act or Section 11-9.1A of the

 

 

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

 

 

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1    (c) A school bus driver permit shall contain the holder's
2driver's license number, legal name, residence address, zip
3code, and date of birth, a brief description of the holder and
4a space for signature. The Secretary of State may require a
5suitable photograph of the holder.
6    (d) The employer shall be responsible for conducting a
7pre-employment interview with prospective school bus driver
8candidates, distributing school bus driver applications and
9medical forms to be completed by the applicant, and submitting
10the applicant's fingerprint cards to the Department of State
11Police that are required for the criminal background
12investigations. The employer shall certify in writing to the
13Secretary of State that all pre-employment conditions have been
14successfully completed including the successful completion of
15an Illinois specific criminal background investigation through
16the Department of State Police and the submission of necessary
17fingerprints to the Federal Bureau of Investigation for
18criminal history information available through the Federal
19Bureau of Investigation system. The applicant shall present the
20certification to the Secretary of State at the time of
21submitting the school bus driver permit application.
22    (e) Permits shall initially be provisional upon receiving
23certification from the employer that all pre-employment
24conditions have been successfully completed, and upon
25successful completion of all training and examination
26requirements for the classification of the vehicle to be

 

 

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1operated, the Secretary of State shall provisionally issue a
2School Bus Driver Permit. The permit shall remain in a
3provisional status pending the completion of the Federal Bureau
4of Investigation's criminal background investigation based
5upon fingerprinting specimens submitted to the Federal Bureau
6of Investigation by the Department of State Police. The Federal
7Bureau of Investigation shall report the findings directly to
8the Secretary of State. The Secretary of State shall remove the
9bus driver permit from provisional status upon the applicant's
10successful completion of the Federal Bureau of Investigation's
11criminal background investigation.
12    (f) A school bus driver permit holder shall notify the
13employer and the Secretary of State if he or she is issued an
14order of court supervision for or convicted in another state of
15an offense that would make him or her ineligible for a permit
16under subsection (a) of this Section. The written notification
17shall be made within 5 days of the entry of the order of court
18supervision or conviction. Failure of the permit holder to
19provide the notification is punishable as a petty offense for a
20first violation and a Class B misdemeanor for a second or
21subsequent violation.
22    (g) Cancellation; suspension; notice and procedure.
23        (1) The Secretary of State shall cancel a school bus
24    driver permit of an applicant whose criminal background
25    investigation discloses that he or she is not in compliance
26    with the provisions of subsection (a) of this Section.

 

 

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1        (2) The Secretary of State shall cancel a school bus
2    driver permit when he or she receives notice that the
3    permit holder fails to comply with any provision of this
4    Section or any rule promulgated for the administration of
5    this Section.
6        (3) The Secretary of State shall cancel a school bus
7    driver permit if the permit holder's restricted commercial
8    or commercial driving privileges are withdrawn or
9    otherwise invalidated.
10        (4) The Secretary of State may not issue a school bus
11    driver permit for a period of 3 years to an applicant who
12    fails to obtain a negative result on a drug test as
13    required in item 6 of subsection (a) of this Section or
14    under federal law.
15        (5) The Secretary of State shall forthwith suspend a
16    school bus driver permit for a period of 3 years upon
17    receiving notice that the holder has failed to obtain a
18    negative result on a drug test as required in item 6 of
19    subsection (a) of this Section or under federal law.
20        (6) The Secretary of State shall suspend a school bus
21    driver permit for a period of 3 years upon receiving notice
22    from the employer that the holder failed to perform the
23    inspection procedure set forth in subsection (a) or (b) of
24    Section 12-816 of this Code.
25        (7) The Secretary of State shall suspend a school bus
26    driver permit for a period of 3 years upon receiving notice

 

 

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1    from the employer that the holder refused to submit to an
2    alcohol or drug test as required by Section 6-106.1c or has
3    submitted to a test required by that Section which
4    disclosed an alcohol concentration of more than 0.00 or
5    disclosed a positive result on a National Institute on Drug
6    Abuse five-drug panel, utilizing federal standards set
7    forth in 49 CFR 40.87.
8    The Secretary of State shall notify the State
9Superintendent of Education and the permit holder's
10prospective or current employer that the applicant has (1) has
11failed a criminal background investigation or (2) is no longer
12eligible for a school bus driver permit; and of the related
13cancellation of the applicant's provisional school bus driver
14permit. The cancellation shall remain in effect pending the
15outcome of a hearing pursuant to Section 2-118 of this Code.
16The scope of the hearing shall be limited to the issuance
17criteria contained in subsection (a) of this Section. A
18petition requesting a hearing shall be submitted to the
19Secretary of State and shall contain the reason the individual
20feels he or she is entitled to a school bus driver permit. The
21permit holder's employer shall notify in writing to the
22Secretary of State that the employer has certified the removal
23of the offending school bus driver from service prior to the
24start of that school bus driver's next workshift. An employing
25school board that fails to remove the offending school bus
26driver from service is subject to the penalties defined in

 

 

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1Section 3-14.23 of the School Code. A school bus contractor who
2violates a provision of this Section is subject to the
3penalties defined in Section 6-106.11.
4    All valid school bus driver permits issued under this
5Section prior to January 1, 1995, shall remain effective until
6their expiration date unless otherwise invalidated.
7    (h) When a school bus driver permit holder who is a service
8member is called to active duty, the employer of the permit
9holder shall notify the Secretary of State, within 30 days of
10notification from the permit holder, that the permit holder has
11been called to active duty. Upon notification pursuant to this
12subsection, (i) the Secretary of State shall characterize the
13permit as inactive until a permit holder renews the permit as
14provided in subsection (i) of this Section, and (ii) if a
15permit holder fails to comply with the requirements of this
16Section while called to active duty, the Secretary of State
17shall not characterize the permit as invalid.
18    (i) A school bus driver permit holder who is a service
19member returning from active duty must, within 90 days, renew a
20permit characterized as inactive pursuant to subsection (h) of
21this Section by complying with the renewal requirements of
22subsection (b) of this Section.
23    (j) For purposes of subsections (h) and (i) of this
24Section:
25    "Active duty" means active duty pursuant to an executive
26order of the President of the United States, an act of the

 

 

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1Congress of the United States, or an order of the Governor.
2    "Service member" means a member of the Armed Services or
3reserve forces of the United States or a member of the Illinois
4National Guard.
5(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
696-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
77-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
8Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
997-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
101-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
11eff. 1-25-13.)
 
12    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
13    (Text of Section after amendment by P.A. 98-176)
14    Sec. 6-508. Commercial Driver's License (CDL) -
15qualification standards.
16    (a) Testing.
17        (1) General. No person shall be issued an original or
18    renewal CDL unless that person is domiciled in this State
19    or is applying for a non-domiciled CDL under Sections 6-509
20    and 6-510 of this Code. The Secretary shall cause to be
21    administered such tests as the Secretary deems necessary to
22    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
23    H, and J.
24        (1.5) Effective July 1, 2014, no person shall be issued
25    an original CDL or an upgraded CDL that requires a skills

 

 

09800HB4091ham001- 19 -LRB098 15649 MRW 56887 a

1    test unless that person has held a CLP, for a minimum of 14
2    calendar days, for the classification of vehicle and
3    endorsement, if any, for which the person is seeking a CDL.
4        (2) Third party testing. The Secretary of State state
5    may authorize a "third party tester", pursuant to 49 C.F.R.
6    Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
7    administer the skills test or tests specified by the
8    Federal Motor Carrier Safety Administration pursuant to
9    the Commercial Motor Vehicle Safety Act of 1986 and any
10    appropriate federal rule.
11    (b) Waiver of Skills Test. The Secretary of State may waive
12the skills test specified in this Section for a driver
13applicant for a commercial driver license who meets the
14requirements of 49 C.F.R. Part 383.77. The Secretary of State
15shall waive the skills tests specified in this Section for a
16driver applicant who has military commercial motor vehicle
17experience, subject to the requirements of 49 C.F.R. 383.77.
18    (b-1) No person shall be issued a CDL unless the person
19certifies to the Secretary one of the following types of
20driving operations in which he or she will be engaged:
21        (1) non-excepted interstate;
22        (2) non-excepted intrastate;
23        (3) excepted interstate; or
24        (4) excepted intrastate.
25    (b-2) (Blank).
26    (c) Limitations on issuance of a CDL. A CDL shall not be

 

 

09800HB4091ham001- 20 -LRB098 15649 MRW 56887 a

1issued to a person while the person is subject to a
2disqualification from driving a commercial motor vehicle, or
3unless otherwise permitted by this Code, while the person's
4driver's license is suspended, revoked or cancelled in any
5state, or any territory or province of Canada; nor may a CLP or
6CDL be issued to a person who has a CLP or CDL issued by any
7other state, or foreign jurisdiction, nor may a CDL be issued
8to a person who has an Illinois CLP unless the person first
9surrenders all of these licenses or permits. However, a person
10may hold an Illinois CLP and an Illinois CDL providing the CLP
11is necessary to train or practice for an endorsement or vehicle
12classification not present on the current CDL. No CDL shall be
13issued to or renewed for a person who does not meet the
14requirement of 49 CFR 391.41(b)(11). The requirement may be met
15with the aid of a hearing aid.
16    (c-1) The Secretary may issue a CDL with a school bus
17driver endorsement to allow a person to drive the type of bus
18described in subsection (d-5) of Section 6-104 of this Code.
19The CDL with a school bus driver endorsement may be issued only
20to a person meeting the following requirements:
21        (1) the person has submitted his or her fingerprints to
22    the Department of State Police in the form and manner
23    prescribed by the Department of State Police. These
24    fingerprints shall be checked against the fingerprint
25    records now and hereafter filed in the Department of State
26    Police and Federal Bureau of Investigation criminal

 

 

09800HB4091ham001- 21 -LRB098 15649 MRW 56887 a

1    history records databases;
2        (2) the person has passed a written test, administered
3    by the Secretary of State, on charter bus operation,
4    charter bus safety, and certain special traffic laws
5    relating to school buses determined by the Secretary of
6    State to be relevant to charter buses, and submitted to a
7    review of the driver applicant's driving habits by the
8    Secretary of State at the time the written test is given;
9        (3) the person has demonstrated physical fitness to
10    operate school buses by submitting the results of a medical
11    examination, including tests for drug use; and
12        (4) the person has not been convicted of committing or
13    attempting to commit any one or more of the following
14    offenses: (i) those offenses defined in Sections 8-1.2,
15    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
16    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
17    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
18    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
19    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
20    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
21    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
22    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
23    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
24    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
25    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
26    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

 

 

09800HB4091ham001- 22 -LRB098 15649 MRW 56887 a

1    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
2    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
3    24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
4    24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
5    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
6    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
7    Section 12-3.05, and in subsection (a) and subsection (b),
8    clause (1), of Section 12-4, and in subsection (A), clauses
9    (a) and (b), of Section 24-3, and those offenses contained
10    in Article 29D of the Criminal Code of 1961 or the Criminal
11    Code of 2012; (ii) those offenses defined in the Cannabis
12    Control Act except those offenses defined in subsection (c)
13    subsections (a) and (b) of Section 4, and subsection (a) of
14    Section 5 of the Cannabis Control Act; (iii) those offenses
15    defined in the Illinois Controlled Substances Act; (iv)
16    those offenses defined in the Methamphetamine Control and
17    Community Protection Act; (v) any offense committed or
18    attempted in any other state or against the laws of the
19    United States, which if committed or attempted in this
20    State would be punishable as one or more of the foregoing
21    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
22    of the Wrongs to Children Act or Section 11-9.1A of the
23    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
24    those offenses defined in Section 6-16 of the Liquor
25    Control Act of 1934; and (viii) those offenses defined in
26    the Methamphetamine Precursor Control Act.

 

 

09800HB4091ham001- 23 -LRB098 15649 MRW 56887 a

1    The Department of State Police shall charge a fee for
2conducting the criminal history records check, which shall be
3deposited into the State Police Services Fund and may not
4exceed the actual cost of the records check.
5    (c-2) The Secretary shall issue a CDL with a school bus
6endorsement to allow a person to drive a school bus as defined
7in this Section. The CDL shall be issued according to the
8requirements outlined in 49 C.F.R. 383. A person may not
9operate a school bus as defined in this Section without a
10school bus endorsement. The Secretary of State may adopt rules
11consistent with Federal guidelines to implement this
12subsection (c-2).
13    (d) (Blank).
14(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
161-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
 
17    Section 20. The Cannabis Control Act is amended by changing
18Sections 4, 5, 5.2, and 10 and by adding Section 4.1 as
19follows:
 
20    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
21    Sec. 4. It is unlawful for any person knowingly to possess
22cannabis. Any person who violates this section with respect
23to:
24        (a) (blank); not more than 2.5 grams of any substance

 

 

09800HB4091ham001- 24 -LRB098 15649 MRW 56887 a

1    containing cannabis is guilty of a Class C misdemeanor;
2        (b) (blank); more than 2.5 grams but not more than 10
3    grams of any substance containing cannabis is guilty of a
4    Class B misdemeanor;
5        (c) more than 10 grams but not more than 30 grams of
6    any substance containing cannabis is subject to the
7    penalties under Section 4.1 of this Act, unless the person
8    has been previously convicted of 2 or more violations under
9    this Act, in which case the person is guilty of a Class A
10    misdemeanor; guilty of a Class A misdemeanor; provided,
11    that if any offense under this subsection (c) is a
12    subsequent offense, the offender shall be guilty of a Class
13    4 felony;
14        (d) more than 30 grams but not more than 500 grams of
15    any substance containing cannabis is guilty of a Class A
16    misdemeanor for a first offense and a Class 4 felony for a
17    subsequent offense; Class 4 felony; provided that if any
18    offense under this subsection (d) is a subsequent offense,
19    the offender shall be guilty of a Class 3 felony;
20        (e) more than 500 grams but not more than 2,500 2,000
21    grams of any substance containing cannabis is guilty of a
22    Class 3 felony;
23        (f) (blank); more than 2,000 grams but not more than
24    5,000 grams of any substance containing cannabis is guilty
25    of a Class 2 felony;
26        (g) more than 2,500 5,000 grams of any substance

 

 

09800HB4091ham001- 25 -LRB098 15649 MRW 56887 a

1    containing cannabis is guilty of a Class 1 felony.
2(Source: P.A. 90-397, eff. 8-15-97.)
 
3    (720 ILCS 550/4.1 new)
4    Sec. 4.1. Petty offense for possession of 30 grams or less
5of cannabis.
6    (a) Upon arrest for possession of not more than 30 grams of
7any substance containing cannabis under Section 4(c) of this
8Act, criminal charges may be commenced under a Uniform Cannabis
9Citation under Section 111-3 of the Code of Criminal Procedure
10of 1963 as provided in subsection (c) of this Section, and the
11defendant shall be prosecuted and sentenced for the commission
12of a petty offense.
13    (b) For purposes of this Section, a "petty offense" is an
14offense for which a sentence of imprisonment is not an
15authorized disposition.
16    (c) After a person has been arrested for an offense listed
17in subsection (a) of this Section, once the officer has
18determined the identity of the person, and determined that the
19offender has not been previously convicted of 2 or more
20offenses under this Act, the law enforcement officer may issue
21the person a Uniform Cannabis Citation. When the law
22enforcement officer has observed the commission of the offense,
23the signing of the Uniform Cannabis Citation is sufficient to
24charge the person if the law enforcement officer certifies that
25the statements in the Uniform Cannabis Citation are true and

 

 

09800HB4091ham001- 26 -LRB098 15649 MRW 56887 a

1correct and subject to the penalties provided by law for false
2certification under Section 1-109 of the Code of Civil
3Procedure and perjury under Section 32-2 of the Criminal Code
4of 2012. The Uniform Cannabis Citation shall allege the
5commission of the offense by including:
6        (1) the name, date of birth, and address of the
7    defendant;
8        (2) the name of the offense;
9        (3) the statutory provision alleged to have been
10    violated;
11        (4) the date, time, location, and county of the offense
12    as definitely can be done;
13        (5) the weight of the recovered substance; and
14        (6) the fine amount based upon the defendant's number
15    of prior guilty dispositions charged by a Uniform Cannabis
16    Citation.
17When a Uniform Cannabis Citation has been issued to a
18defendant, the copy of the Citation filed with the circuit
19court constitutes a complaint to which the defendant may plead,
20unless he or she specifically requests that a verified
21complaint be filed.
22    (d) When a Uniform Cannabis Citation has been issued to a
23defendant, the arresting officer shall set the defendant's
24first appearance in court on a date not less than 14 days but
25within 60 days after the date of the defendant's arrest.
26    (e) When a Uniform Cannabis Citation has been issued to a

 

 

09800HB4091ham001- 27 -LRB098 15649 MRW 56887 a

1defendant, the law enforcement officer shall also issue written
2notice to the defendant in substantially the following form:
 
3
AVOID MULTIPLE COURT APPEARANCES
4    If you intend to plead "not guilty" to this charge, or if,
5    in addition, you intend to demand a trial by jury, so
6    notify the clerk of the court at least 10 days (excluding
7    Saturdays, Sundays, or holidays) before the day set for
8    your appearance. A new appearance date for a trial by jury
9    will be set for a court date not less than 45 days, but not
10    more than 60 days, after your arrest, and arrangements will
11    be made to have the arresting officer and laboratory
12    analyst on the next court date for jury trial. Failure to
13    notify the clerk of either your intention to plead "not
14    guilty" or your intention to demand a jury trial, may
15    result in your having to return to court, if you plead "not
16    guilty" on the date originally set for your court
17    appearance.
 
18    (f) A case shall not be dismissed due to an error by the
19arresting officer or the clerk of the court, or both, in
20setting a defendant's first appearance date, subject to the
21right of speedy trial under Section 103-5 of the Code of
22Criminal Procedure of 1963.
23    (g) Within 14 days (excluding Saturdays, Sundays, or
24holidays) from the date the defendant was issued the Uniform

 

 

09800HB4091ham001- 28 -LRB098 15649 MRW 56887 a

1Cannabis Citation, a defendant may enter a plea of guilty and
2mail the fine to the clerk of the court of the county in which
3the defendant was arrested. The fine when no court appearance
4is required is as follows:
5        (1) $250 for a first disposition of guilty of an
6    offense charged by a Uniform Cannabis Citation; or
7        (2) $300 for a second disposition of guilty of an
8    offense charged by Uniform Cannabis Citation.
9    (h) To plead guilty, the defendant shall sign the section
10on the reverse side of the Uniform Cannabis Citation which
11indicates the defendant knowingly and voluntarily enters a plea
12of guilty after being informed that:
13        (1) the nature of this charge is a petty offense not
14    punishable by a sentence of imprisonment; and
15        (2) the fine is $250 for a first disposition of guilty
16    to an offense charged by a Uniform Cannabis Citation and
17    $300 for a second disposition of guilty to an offense
18    charged by a Uniform Cannabis Citation;
19        (3) the defendant has the right to plead not guilty, to
20    persist in the plea of not guilty if it has already been
21    made, or to plead guilty;
22        (4) if the defendant pleads guilty, there will not be a
23    trial of any kind, so that by pleading guilty, the
24    defendant waives the right to a trial by jury and the right
25    to be confronted with the witnesses against him or her, to
26    cross-examine these witnesses, and to testify if he or she

 

 

09800HB4091ham001- 29 -LRB098 15649 MRW 56887 a

1    chooses to do so;
2        (5) if the defendant pleads not guilty and requests a
3    trial, if the defendant is found guilty he or she is
4    required to pay the fine imposed under subsection (j) of
5    this Section, an additional penalty for failure to pay the
6    fine in a timely manner as provided in subsection (g) of
7    this Section, all applicable court costs and fees, all
8    applicable crime lab drug analysis costs and fees
9    prescribed by the circuit court, and a period of probation
10    or conditional discharge not to exceed a period of 6
11    months;
12        (6) if the defendant fails to appear at a hearing or
13    trial, a default judgment shall be entered against the
14    defendant for the fine amount under subsection (j) of this
15    Section, plus all applicable fees and costs under this
16    Section, and an arrest warrant may issue for the defendant
17    under Supreme Court Rule 572(b); and
18        (7) the disposition of this offense will be sent to the
19    Department of State Police and local law enforcement
20    agencies.
21    (i) When a defendant has received a Uniform Cannabis
22Citation and does not appear on the date set for appearance or
23any date which the case has been continued, the court shall
24continue the case for a minimum of 30 days and require a notice
25of the next continued court date be sent to the defendant at
26his or her last known address. If the defendant does not appear

 

 

09800HB4091ham001- 30 -LRB098 15649 MRW 56887 a

1on or before the next continued court date and satisfy the
2court that his or her appearance was impossible and without any
3fault on his or her part, the court shall enter an order of
4failure to appear to answer the charge. A verified charge may
5be filed, if one has not been previously filed, and a summons
6or warrant of arrest for the defendant may be issued by the
7court.
8    (j) Upon a plea of guilty during a court appearance or a
9finding of guilty after a trial, the court shall impose for the
10offense:
11        (1) a fine of $250 for a first disposition of guilty of
12    an offense charged by Uniform Cannabis Citation; or
13        (2) a fine of $300 for a second disposition of guilty
14    of an offense charged by Uniform Cannabis Citation; and
15        (3) an additional penalty set by the court for failure
16    to pay the fine in a timely manner as provided in
17    subsection (g) of this Section; and
18        (4) all applicable crime lab drug analysis costs and
19    fees prescribed by the court, and all applicable court
20    costs and fees.
21    (k) A person who fails to pay all applicable fines, fees,
22or costs imposed under this Section within 180 days is subject
23to garnishment, lien, attachment, or other judicial process to
24recover any outstanding debt.
25    (l) All funds obtained under this Section shall be
26distributed into the general revenue fund of the county in

 

 

09800HB4091ham001- 31 -LRB098 15649 MRW 56887 a

1which the offense was committed.
2    (m) The Department of State Police shall create a Uniform
3Cannabis Citation for use by law enforcement agencies under
4this Section. The Department of State Police may adopt rules to
5implement this Section.
6    (n) A county or municipality, including a home rule unit,
7may not regulate the enforcement of laws governing violations
8of this Act. This Section is a denial and limitation under
9subsection (i) of Section 6 of Article VII of the Illinois
10Constitution on the concurrent exercise by home rule units of
11the powers exclusively exercised by the State. A system of
12regulation enforcing laws governing violations of this Act by a
13county or municipality, including a home rule unit, that was in
14effect before the effective date of this amendatory Act of the
1598th General Assembly is exempt from the provisions of this
16Section.
17    (o) A person who commits a third or subsequent offense
18listed in subsection (a) of this Section is subject to the
19criminal penalties under subsection (c) of Section 4 of this
20Act.
 
21    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
22    Sec. 5. Manufacture, deliver, or possess with intent to
23deliver, or manufacture, cannabis. It is unlawful for any
24person knowingly to manufacture, deliver, or possess with
25intent to deliver, or manufacture, cannabis. Any person who

 

 

09800HB4091ham001- 32 -LRB098 15649 MRW 56887 a

1violates this Section section with respect to:
2    (a) not more than 30 grams is guilty of a Class B
3misdemeanor for a first offense, a Class A misdemeanor for a
4second offense, and a Class 4 felony for a third or subsequent
5offense; 2.5 grams of any substance containing cannabis is
6guilty of a Class B misdemeanor;
7    (b) (blank); more than 2.5 grams but not more than 10 grams
8of any substance containing cannabis is guilty of a Class A
9misdemeanor;
10    (c) (blank); more than 10 grams but not more than 30 grams
11of any substance containing cannabis is guilty of a Class 4
12felony;
13    (d) more than 30 grams but not more than 500 grams of any
14substance containing cannabis is guilty of a Class 4 felony for
15a first offense, and a Class 3 felony for a second or
16subsequent offense. A for which a fine not to exceed $50,000
17may be imposed for a violation of this subsection;
18    (e) more than 500 grams but not more than 2,500 2,000 grams
19of any substance containing cannabis is guilty of a Class 2
20felony for which a fine not to exceed $100,000 may be imposed;
21    (f) (blank); more than 2,000 grams but not more than 5,000
22grams of any substance containing cannabis is guilty of a Class
231 felony for which a fine not to exceed $150,000 may be
24imposed;
25    (g) more than 2,500 5,000 grams of any substance containing
26cannabis is guilty of a Class X felony for which a fine not to

 

 

09800HB4091ham001- 33 -LRB098 15649 MRW 56887 a

1exceed $200,000 may be imposed.
2(Source: P.A. 90-397, eff. 8-15-97.)
 
3    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
4    Sec. 5.2. Delivery of cannabis on school grounds. It is
5unlawful for any person knowingly to manufacture, deliver, or
6possess with intent to deliver, or manufacture, cannabis in any
7school, on the real property comprising any school, or any
8conveyance owned, leased or contracted by a school to transport
9students to or from school or a school related activity, or on
10any public way within 1,000 feet of the real property
11comprising any school, or any conveyance owned, leased or
12contracted by a school to transport students to or from school
13or a school related activity. Any person who violates this
14Section with respect to:
15    (a) more than 2,000 grams of any substance containing
16cannabis is guilty of a Class X felony, the fine for which
17shall not exceed $200,000;
18    (b) more than 500 grams but not more than 2,000 grams of
19any substance containing cannabis (a) Any person who violates
20subsection (e) of Section 5 in any school, on the real property
21comprising any school, or any conveyance owned, leased or
22contracted by a school to transport students to or from school
23or a school related activity, or on any public way within 1,000
24feet of the real property comprising any school, or any
25conveyance owned, leased or contracted by a school to transport

 

 

09800HB4091ham001- 34 -LRB098 15649 MRW 56887 a

1students to or from school or a school related activity, is
2guilty of a Class 1 felony, the fine for which shall not exceed
3$200,000;
4    (c) more than 30 grams but not more than 500 grams of any
5substance containing cannabis (b) Any person who violates
6subsection (d) of Section 5 in any school, on the real property
7comprising any school, or any conveyance owned, leased or
8contracted by a school to transport students to or from school
9or a school related activity, or on any public way within 1,000
10feet of the real property comprising any school, or any
11conveyance owned, leased or contracted by a school to transport
12students to or from school or a school related activity, is
13guilty of a Class 2 felony, the fine for which shall not exceed
14$100,000;
15    (d) more than 10 grams but not more than 30 grams of any
16substance containing cannabis (c) Any person who violates
17subsection (c) of Section 5 in any school, on the real property
18comprising any school, or any conveyance owned, leased or
19contracted by a school to transport students to or from school
20or a school related activity, or on any public way within 1,000
21feet of the real property comprising any school, or any
22conveyance owned, leased or contracted by a school to transport
23students to or from school or a school related activity, is
24guilty of a Class 3 felony, the fine for which shall not exceed
25$50,000;
26    (e) more than 2.5 grams but not more than 10 grams of any

 

 

09800HB4091ham001- 35 -LRB098 15649 MRW 56887 a

1substance containing cannabis (d) Any person who violates
2subsection (b) of Section 5 in any school, on the real property
3comprising any school, or any conveyance owned, leased or
4contracted by a school to transport students to or from school
5or a school related activity, or on any public way within 1,000
6feet of the real property comprising any school, or any
7conveyance owned, leased or contracted by a school to transport
8students to or from school or a school related activity, is
9guilty of a Class 4 felony, the fine for which shall not exceed
10$25,000;
11    (f) not more than 2.5 grams of any substance containing
12cannabis (e) Any person who violates subsection (a) of Section
135 in any school, on the real property comprising any school, or
14any conveyance owned, leased or contracted by a school to
15transport students to or from school or a school related
16activity, on any public way within 1,000 feet of the real
17property comprising any school, or any conveyance owned, leased
18or contracted by a school to transport students to or from
19school or a school related activity, is guilty of a Class A
20misdemeanor.
21(Source: P.A. 87-544.)
 
22    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
23    Sec. 10. (a) Whenever any person who has not previously
24been convicted of, or placed on probation or court supervision
25for, any offense under this Act or any law of the United States

 

 

09800HB4091ham001- 36 -LRB098 15649 MRW 56887 a

1or of any State relating to cannabis, or controlled substances
2as defined in the Illinois Controlled Substances Act, pleads
3guilty to or is found guilty of violating Sections 4(a), 4(b),
44(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
5entering a judgment and with the consent of such person,
6sentence him to probation.
7    (b) When a person is placed on probation, the court shall
8enter an order specifying a period of probation of 24 months,
9and shall defer further proceedings in the case until the
10conclusion of the period or until the filing of a petition
11alleging violation of a term or condition of probation.
12    (c) The conditions of probation shall be that the person:
13(1) not violate any criminal statute of any jurisdiction; (2)
14refrain from possession of a firearm or other dangerous weapon;
15(3) submit to periodic drug testing at a time and in a manner
16as ordered by the court, but no less than 3 times during the
17period of the probation, with the cost of the testing to be
18paid by the probationer; and (4) perform no less than 30 hours
19of community service, provided community service is available
20in the jurisdiction and is funded and approved by the county
21board.
22    (d) The court may, in addition to other conditions, require
23that the person:
24        (1) make a report to and appear in person before or
25    participate with the court or such courts, person, or
26    social service agency as directed by the court in the order

 

 

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1    of probation;
2        (2) pay a fine and costs;
3        (3) work or pursue a course of study or vocational
4    training;
5        (4) undergo medical or psychiatric treatment; or
6    treatment for drug addiction or alcoholism;
7        (5) attend or reside in a facility established for the
8    instruction or residence of defendants on probation;
9        (6) support his dependents;
10        (7) refrain from possessing a firearm or other
11    dangerous weapon;
12        (7-5) refrain from having in his or her body the
13    presence of any illicit drug prohibited by the Cannabis
14    Control Act, the Illinois Controlled Substances Act, or the
15    Methamphetamine Control and Community Protection Act,
16    unless prescribed by a physician, and submit samples of his
17    or her blood or urine or both for tests to determine the
18    presence of any illicit drug;
19        (8) and in addition, if a minor:
20            (i) reside with his parents or in a foster home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23            (iv) contribute to his own support at home or in a
24        foster home.
25    (e) Upon violation of a term or condition of probation, the
26court may enter a judgment on its original finding of guilt and

 

 

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1proceed as otherwise provided.
2    (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge such person and dismiss
4the proceedings against him.
5    (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of
9disqualification or disabilities imposed by law upon
10conviction of a crime (including the additional penalty imposed
11for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
12of this Act).
13    (h) Discharge and dismissal under this Section, Section 410
14of the Illinois Controlled Substances Act, Section 70 of the
15Methamphetamine Control and Community Protection Act, Section
165-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
17subsection (c) of Section 11-14 of the Criminal Code of 1961 or
18the Criminal Code of 2012 may occur only once with respect to
19any person.
20    (i) If a person is convicted of an offense under this Act,
21the Illinois Controlled Substances Act, or the Methamphetamine
22Control and Community Protection Act within 5 years subsequent
23to a discharge and dismissal under this Section, the discharge
24and dismissal under this Section shall be admissible in the
25sentencing proceeding for that conviction as a factor in
26aggravation.

 

 

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1(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
298-164, eff. 1-1-14.)
 
3    Section 25. The Code of Criminal Procedure of 1963 is
4amended by changing Section 111-3 as follows:
 
5    (725 ILCS 5/111-3)  (from Ch. 38, par. 111-3)
6    Sec. 111-3. Form of charge.
7    (a) A charge shall be in writing and allege the commission
8of an offense by:
9        (1) Stating the name of the offense;
10        (2) Citing the statutory provision alleged to have been
11    violated;
12        (3) Setting forth the nature and elements of the
13    offense charged;
14        (4) Stating the date and county of the offense as
15    definitely as can be done; and
16        (5) Stating the name of the accused, if known, and if
17    not known, designate the accused by any name or description
18    by which he can be identified with reasonable certainty.
19    (a-5) If the victim is alleged to have been subjected to an
20offense involving an illegal sexual act including, but not
21limited to, a sexual offense defined in Article 11 or Section
2210-9 of the Criminal Code of 2012, the charge shall state the
23identity of the victim by name, initials, or description.
24    (b) An indictment shall be signed by the foreman of the

 

 

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1Grand Jury and an information shall be signed by the State's
2Attorney and sworn to by him or another. A complaint shall be
3sworn to and signed by the complainant; provided, that when a
4peace officer observes the commission of a misdemeanor and is
5the complaining witness, the signing of the complaint by the
6peace officer is sufficient to charge the defendant with the
7commission of the offense, and the complaint need not be sworn
8to if the officer signing the complaint certifies that the
9statements set forth in the complaint are true and correct and
10are subject to the penalties provided by law for false
11certification under Section 1-109 of the Code of Civil
12Procedure and perjury under Section 32-2 of the Criminal Code
13of 2012; and further provided, however, that when a citation is
14issued on a Uniform Traffic Ticket or Uniform Conservation
15Ticket (in a form prescribed by the Conference of Chief Circuit
16Judges and filed with the Supreme Court) or Uniform Cannabis
17Citation (in a form prescribed by the Department of State
18Police), the copy of such Uniform Ticket which is filed with
19the circuit court constitutes a complaint to which the
20defendant may plead, unless he specifically requests that a
21verified complaint be filed.
22    (c) When the State seeks an enhanced sentence because of a
23prior conviction, the charge shall also state the intention to
24seek an enhanced sentence and shall state such prior conviction
25so as to give notice to the defendant. However, the fact of
26such prior conviction and the State's intention to seek an

 

 

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1enhanced sentence are not elements of the offense and may not
2be disclosed to the jury during trial unless otherwise
3permitted by issues properly raised during such trial. For the
4purposes of this Section, "enhanced sentence" means a sentence
5which is increased by a prior conviction from one
6classification of offense to another higher level
7classification of offense set forth in Section 5-4.5-10 of the
8Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
9include an increase in the sentence applied within the same
10level of classification of offense.
11    (c-5) Notwithstanding any other provision of law, in all
12cases in which the imposition of the death penalty is not a
13possibility, if an alleged fact (other than the fact of a prior
14conviction) is not an element of an offense but is sought to be
15used to increase the range of penalties for the offense beyond
16the statutory maximum that could otherwise be imposed for the
17offense, the alleged fact must be included in the charging
18instrument or otherwise provided to the defendant through a
19written notification before trial, submitted to a trier of fact
20as an aggravating factor, and proved beyond a reasonable doubt.
21Failure to prove the fact beyond a reasonable doubt is not a
22bar to a conviction for commission of the offense, but is a bar
23to increasing, based on that fact, the range of penalties for
24the offense beyond the statutory maximum that could otherwise
25be imposed for that offense. Nothing in this subsection (c-5)
26requires the imposition of a sentence that increases the range

 

 

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1of penalties for the offense beyond the statutory maximum that
2could otherwise be imposed for the offense if the imposition of
3that sentence is not required by law.
4    (d) At any time prior to trial, the State on motion shall
5be permitted to amend the charge, whether brought by
6indictment, information or complaint, to make the charge comply
7with subsection (c) or (c-5) of this Section. Nothing in
8Section 103-5 of this Code precludes such an amendment or a
9written notification made in accordance with subsection (c-5)
10of this Section.
11    (e) The provisions of subsection (a) of Section 5-4.5-95 of
12the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
13be affected by this Section.
14(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)".