Full Text of HB0719 93rd General Assembly
HB0719enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning the Secretary of State.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Identification Card Act is amended | 5 |
| by changing
Section 14 as follows:
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| (15 ILCS 335/14)
(from Ch. 124, par. 34)
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| Sec. 14. Unlawful use of identification card.
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| (a) It is a violation of this Section for any person:
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| 1. To possess, display, or cause to be displayed
any | 10 |
| cancelled or revoked identification card;
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| 2. To display or represent as the person's own any
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| identification
card issued to another;
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| 3. To allow any unlawful use of an identification card
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| issued to the person;
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| 4. To lend an identification card to
another or | 16 |
| knowingly allow the use
thereof by another;
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| 5. To fail or refuse to surrender to the Secretary of | 18 |
| State, the
Secretary's agent or any peace officer upon | 19 |
| lawful demand, any
identification card
which has
been | 20 |
| revoked or cancelled ;
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| 6. To possess, use, or allow to be used any materials, | 22 |
| hardware, or
software specifically designed for or | 23 |
| primarily used in the manufacture,
assembly,
issuance, or | 24 |
| authentication of an official Illinois Identification Card | 25 |
| or
Illinois
Disabled Person Identification Card issued by | 26 |
| the Secretary of State .
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| (a-5) As used in this Section "identification card" means | 28 |
| any document
made or issued by or under the authority of the | 29 |
| United States Government, the
State of Illinois or any other | 30 |
| State or political subdivision thereof, or any
governmental or | 31 |
| quasi-governmental organization that, when completed with
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| information concerning the individual, is of a type intended or |
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| commonly
accepted for the purpose of identifying the | 2 |
| individual.
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| (b) Sentence.
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| 1. Any person convicted of a violation of this Section | 5 |
| shall be guilty
of a Class A misdemeanor and shall be | 6 |
| sentenced to a minimum fine of $500 or
50 hours of | 7 |
| community service, preferably at an alcohol abuse | 8 |
| prevention
program, if available.
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| 2. A person convicted of a second or subsequent | 10 |
| violation of this
Section shall be guilty of a Class 4 | 11 |
| felony.
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| (c) This Section does not prohibit any lawfully authorized
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| investigative, protective, law enforcement or other activity | 14 |
| of any agency
of the United States, State of Illinois or any | 15 |
| other state or political
subdivision thereof.
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| (Source: P.A. 88-210; 89-283, eff. 1-1-96.)
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| Section 10. The Illinois Vehicle Code is amended by | 18 |
| changing
Sections 6-206, 6-301.2, and 6-521 as follows:
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| (625 ILCS 5/6-206)
(from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 21 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 23 |
| revoke the
driving privileges of any person without preliminary | 24 |
| hearing upon a showing
of the person's records or other | 25 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 27 |
| revocation of
a driver's license or permit is required upon | 28 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 30 |
| against traffic
regulations governing the movement of | 31 |
| vehicles committed within any 12
month period. No | 32 |
| revocation or suspension shall be entered more than
6 | 33 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor |
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| vehicle
collisions or has been repeatedly convicted of | 2 |
| offenses against laws and
ordinances regulating the | 3 |
| movement of traffic, to a degree that
indicates lack of | 4 |
| ability to exercise ordinary and reasonable care in
the | 5 |
| safe operation of a motor vehicle or disrespect for the | 6 |
| traffic laws
and the safety of other persons upon the | 7 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 9 |
| caused or
contributed to an accident resulting in death or | 10 |
| injury requiring
immediate professional treatment in a | 11 |
| medical facility or doctor's office
to any person, except | 12 |
| that any suspension or revocation imposed by the
Secretary | 13 |
| of State under the provisions of this subsection shall | 14 |
| start no
later than 6 months after being convicted of | 15 |
| violating a law or
ordinance regulating the movement of | 16 |
| traffic, which violation is related
to the accident, or | 17 |
| shall start not more than one year
after
the date of the | 18 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 20 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 22 |
| offenses in another
state, including the authorization | 23 |
| contained in Section 6-203.1, which
if committed within | 24 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 26 |
| provided for by
Section 6-207 or has failed to pass the | 27 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 29 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 31 |
| material fact
or has used false information or | 32 |
| identification in any application for a
license, | 33 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 35 |
| fraudulently use any
license, identification card, or | 36 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 2 |
| State when
the person's driving privilege or privilege to | 3 |
| obtain a driver's license
or permit was revoked or | 4 |
| suspended unless the operation was authorized by
a judicial | 5 |
| driving permit, probationary license to drive, or a | 6 |
| restricted
driving permit issued under this Code;
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| 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;
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| 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;
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| 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;
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| 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;
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| 16. Has been convicted of violating Section 11-204 of | 23 |
| this Code relating
to fleeing from a police officer;
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| 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 | 27 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 29 |
| permit, been adjudged
to be afflicted with or suffering | 30 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 32 |
| of Section 6-101
relating to driving without a driver's | 33 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 35 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 2 |
| resulting in damage
to a vehicle in excess of $1,000, in | 3 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 5 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 6 |
| the Criminal Code of 1961 relating
to unlawful use of | 7 |
| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 10 |
| violation of
paragraph (a) of Section 11-502 of this Code | 11 |
| for a second or subsequent
time within one year of a | 12 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 14 |
| by non-judicial
punishment by military authorities of the | 15 |
| United States at a military
installation in Illinois of or | 16 |
| for a traffic related offense that is the
same as or | 17 |
| similar to an offense specified under Section 6-205 or | 18 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 20 |
| by another in
the application process in order to obtain or | 21 |
| attempt to obtain a license,
identification card, or | 22 |
| permit;
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| 26. Has altered or attempted to alter a license or has | 24 |
| possessed an
altered license, identification card, or | 25 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 27 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 29 |
| operating or
in actual physical control, as a driver, of a | 30 |
| motor vehicle, of any
controlled substance prohibited | 31 |
| under the Illinois Controlled Substances
Act or any | 32 |
| cannabis prohibited under the provisions of the Cannabis | 33 |
| Control
Act, in which case the person's driving privileges | 34 |
| shall be suspended for
one year, and any driver who is | 35 |
| convicted of a second or subsequent
offense, within 5 years | 36 |
| of a previous conviction, for the illegal
possession, while |
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| operating or in actual physical control, as a driver, of
a | 2 |
| motor vehicle, of any controlled substance prohibited | 3 |
| under the
provisions of the Illinois Controlled Substances | 4 |
| Act or any cannabis
prohibited under the Cannabis Control | 5 |
| Act shall be suspended for 5 years.
Any defendant found | 6 |
| guilty of this offense while operating a motor vehicle,
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| shall have an entry made in the court record by the | 8 |
| presiding judge that
this offense did occur while the | 9 |
| defendant was operating a motor vehicle
and order the clerk | 10 |
| of the court to report the violation to the Secretary
of | 11 |
| State;
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| 29. Has been convicted of the following offenses that | 13 |
| were committed
while the person was operating or in actual | 14 |
| physical control, as a driver,
of a motor vehicle: criminal | 15 |
| sexual assault,
predatory criminal sexual assault of a | 16 |
| child,
aggravated criminal sexual
assault, criminal sexual | 17 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 18 |
| soliciting for a juvenile prostitute and the manufacture, | 19 |
| sale or
delivery of controlled substances or instruments | 20 |
| used for illegal drug use
or abuse in which case the | 21 |
| driver's driving privileges shall be suspended
for one | 22 |
| year;
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| 30. Has been convicted a second or subsequent time for | 24 |
| any
combination of the offenses named in paragraph 29 of | 25 |
| this subsection,
in which case the person's driving | 26 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 28 |
| Section 11-501.6 or has submitted to a test resulting in
an | 29 |
| alcohol concentration of 0.08 or more or any amount of a | 30 |
| drug, substance, or
compound resulting from the unlawful | 31 |
| use or consumption of cannabis as listed
in the Cannabis | 32 |
| Control Act, a controlled substance as listed in the | 33 |
| Illinois
Controlled Substances Act, or an intoxicating | 34 |
| compound as listed in the Use of
Intoxicating Compounds | 35 |
| Act, in which case the penalty shall be
as prescribed in | 36 |
| Section 6-208.1;
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| 32. Has been convicted of Section 24-1.2 of the | 2 |
| Criminal Code of
1961 relating to the aggravated discharge | 3 |
| of a firearm if the offender was
located in a motor vehicle | 4 |
| at the time the firearm was discharged, in which
case the | 5 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 7 |
| on the date of
the offense, been convicted a first time of | 8 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 9 |
| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 11 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 13 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 15 |
| and has been
convicted of not less than 2 offenses against | 16 |
| traffic regulations governing
the movement of vehicles | 17 |
| committed within any 24 month period. No revocation
or | 18 |
| suspension shall be entered more than 6 months after the | 19 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 21 |
| Section 11-907 of this
Code; or
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| 38. Has been convicted of a violation of Section 6-20 | 23 |
| of the Liquor
Control Act of 1934 or a similar provision of | 24 |
| a local ordinance; or.
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| 39.
38. Has committed a second or subsequent violation | 26 |
| of Section
11-1201 of this Code ; or
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| 40. Has committed a violation of subsection (a-1) of | 28 |
| Section 11-908 of
this Code .
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 30 |
| and 27 of this
subsection, license means any driver's license, | 31 |
| any traffic ticket issued when
the person's driver's license is | 32 |
| deposited in lieu of bail, a suspension
notice issued by the | 33 |
| Secretary of State, a duplicate or corrected driver's
license, | 34 |
| a probationary driver's license or a temporary driver's | 35 |
| license.
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| (b) If any conviction forming the basis of a suspension or
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| revocation authorized under this Section is appealed, the
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| Secretary of State may rescind or withhold the entry of the | 3 |
| order of suspension
or revocation, as the case may be, provided | 4 |
| that a certified copy of a stay
order of a court is filed with | 5 |
| the Secretary of State. If the conviction is
affirmed on | 6 |
| appeal, the date of the conviction shall relate back to the | 7 |
| time
the original judgment of conviction was entered and the 6 | 8 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 10 |
| permit of
any person as authorized in this Section, the | 11 |
| Secretary of State shall
immediately notify the person in | 12 |
| writing of the revocation or suspension.
The notice to be | 13 |
| deposited in the United States mail, postage prepaid,
to | 14 |
| the last known address of the person.
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| 2. If the Secretary of State suspends the driver's | 16 |
| license
of a person under subsection 2 of paragraph (a) of | 17 |
| this Section, a
person's privilege to operate a vehicle as | 18 |
| an occupation shall not be
suspended, provided an affidavit | 19 |
| is properly completed, the appropriate fee
received, and a | 20 |
| permit issued prior to the effective date of the
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| suspension, unless 5 offenses were committed, at least 2 of | 22 |
| which occurred
while operating a commercial vehicle in | 23 |
| connection with the driver's
regular occupation. All other | 24 |
| driving privileges shall be suspended by the
Secretary of | 25 |
| State. Any driver prior to operating a vehicle for
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| occupational purposes only must submit the affidavit on | 27 |
| forms to be
provided by the Secretary of State setting | 28 |
| forth the facts of the person's
occupation. The affidavit | 29 |
| shall also state the number of offenses
committed while | 30 |
| operating a vehicle in connection with the driver's regular
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| occupation. The affidavit shall be accompanied by the | 32 |
| driver's license.
Upon receipt of a properly completed | 33 |
| affidavit, the Secretary of State
shall issue the driver a | 34 |
| permit to operate a vehicle in connection with the
driver's | 35 |
| regular occupation only. Unless the permit is issued by the
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| Secretary of State prior to the date of suspension, the |
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| privilege to drive
any motor vehicle shall be suspended as | 2 |
| set forth in the notice that was
mailed under this Section. | 3 |
| If an affidavit is received subsequent to the
effective | 4 |
| date of this suspension, a permit may be issued for the | 5 |
| remainder
of the suspension period.
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| The provisions of this subparagraph shall not apply to | 7 |
| any driver
required to obtain a commercial driver's license | 8 |
| under Section 6-507 during
the period of a disqualification | 9 |
| of commercial driving privileges under
Section 6-514.
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| Any person who falsely states any fact in the affidavit | 11 |
| required
herein shall be guilty of perjury under Section | 12 |
| 6-302 and upon conviction
thereof shall have all driving | 13 |
| privileges revoked without further rights.
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| 3. At the conclusion of a hearing under Section 2-118 | 15 |
| of this Code,
the Secretary of State shall either rescind | 16 |
| or continue an order of
revocation or shall substitute an | 17 |
| order of suspension; or, good
cause appearing therefor, | 18 |
| rescind, continue, change, or extend the
order of | 19 |
| suspension. If the Secretary of State does not rescind the | 20 |
| order,
the Secretary may upon application,
to relieve undue | 21 |
| hardship, issue
a restricted driving permit granting the | 22 |
| privilege of driving a motor
vehicle between the | 23 |
| petitioner's residence and petitioner's place of
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| employment or within the scope of his employment related | 25 |
| duties, or to
allow transportation for the petitioner, or a | 26 |
| household member of the
petitioner's family, to receive | 27 |
| necessary medical care and if the
professional evaluation | 28 |
| indicates, provide transportation for alcohol
remedial or | 29 |
| rehabilitative activity, or for the petitioner to attend
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| classes, as a student, in an accredited educational | 31 |
| institution; if the
petitioner is able to demonstrate that | 32 |
| no alternative means of
transportation is reasonably | 33 |
| available and the petitioner will not endanger
the public | 34 |
| safety or welfare.
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| If a person's license or permit has been revoked or | 36 |
| suspended due to 2
or more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local | 2 |
| ordinance or a similar out-of-state offense, arising out
of | 3 |
| separate occurrences, that person, if issued a restricted | 4 |
| driving permit,
may not operate a vehicle unless it has | 5 |
| been equipped with an ignition
interlock device as defined | 6 |
| in Section 1-129.1.
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| If a person's license or permit has been revoked or | 8 |
| suspended 2 or more
times within a 10 year period due to a | 9 |
| single conviction of violating Section
11-501 of this Code | 10 |
| or a similar provision of a local ordinance or a similar
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| out-of-state offense, and a statutory summary suspension | 12 |
| under Section
11-501.1, or 2 or more statutory summary | 13 |
| suspensions, or combination of 2
offenses, or of an offense | 14 |
| and a statutory summary suspension, arising out of
separate | 15 |
| occurrences, that person, if issued a restricted driving | 16 |
| permit, may
not operate a vehicle unless it has been
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| equipped with an ignition interlock device as defined in | 18 |
| Section 1-129.1.
The person must pay to the Secretary of | 19 |
| State DUI Administration Fund an amount
not to exceed $20 | 20 |
| per month. The Secretary shall establish by rule the amount
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| and the procedures, terms, and conditions relating to these | 22 |
| fees. If the
restricted driving permit was issued for | 23 |
| employment purposes, then this
provision does not apply to | 24 |
| the operation of an occupational vehicle owned or
leased by | 25 |
| that person's employer. In each case the Secretary may | 26 |
| issue a
restricted driving permit for a period deemed | 27 |
| appropriate, except that all
permits shall expire within | 28 |
| one year from the date of issuance. The Secretary
may not, | 29 |
| however, issue a restricted driving permit to any person | 30 |
| whose current
revocation is the result of a second or | 31 |
| subsequent conviction for a violation
of Section 11-501 of | 32 |
| this Code or a similar provision of a local ordinance
| 33 |
| relating to the offense of operating or being in physical | 34 |
| control of a motor
vehicle while under the influence of | 35 |
| alcohol, other drug or drugs, intoxicating
compound or | 36 |
| compounds, or any similar out-of-state offense, or any |
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| combination
of those offenses, until the expiration of at | 2 |
| least one year from the date of
the revocation. A
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| restricted driving permit issued under this Section shall | 4 |
| be subject to
cancellation, revocation, and suspension by | 5 |
| the Secretary of State in like
manner and for like cause as | 6 |
| a driver's license issued under this Code may be
cancelled, | 7 |
| revoked, or suspended; except that a conviction upon one or | 8 |
| more
offenses against laws or ordinances regulating the | 9 |
| movement of traffic
shall be deemed sufficient cause for | 10 |
| the revocation, suspension, or
cancellation of a | 11 |
| restricted driving permit. The Secretary of State may, as
a | 12 |
| condition to the issuance of a restricted driving permit, | 13 |
| require the
applicant to participate in a designated driver | 14 |
| remedial or rehabilitative
program. The Secretary of State | 15 |
| is authorized to cancel a restricted
driving permit if the | 16 |
| permit holder does not successfully complete the program.
| 17 |
| (c-5) The Secretary of State may, as a condition of the | 18 |
| reissuance of a
driver's license or permit to an applicant | 19 |
| whose driver's license or permit has
been suspended before he | 20 |
| or she reached the age of 18 years pursuant to any of
the | 21 |
| provisions of this Section, require the applicant to | 22 |
| participate in a
driver remedial education course and be | 23 |
| retested under Section 6-109 of this
Code.
| 24 |
| (d) This Section is subject to the provisions of the | 25 |
| Drivers License
Compact.
| 26 |
| (e) The Secretary of State shall not issue a restricted | 27 |
| driving permit to
a person under the age of 16 years whose | 28 |
| driving privileges have been suspended
or revoked under any | 29 |
| provisions of this Code.
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| (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | 31 |
| 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | 32 |
| 1-1-03; 92-814, eff. 1-1-03;
revised 8-26-02.)
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| (625 ILCS 5/6-301.2)
(from Ch. 95 1/2, par. 6-301.2)
| 34 |
| Sec. 6-301.2. Fraudulent driver's license or permit.
| 35 |
| (a) (Blank).
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| (b) It is a violation of this Section for any person:
| 2 |
| 1. To knowingly possess any fraudulent driver's | 3 |
| license or permit;
| 4 |
| 2. To knowingly possess, display or cause to be | 5 |
| displayed any
fraudulent driver's license or permit for the | 6 |
| purpose of obtaining any
account, credit, credit card or | 7 |
| debit card from a bank, financial
institution or retail | 8 |
| mercantile establishment;
| 9 |
| 3. To knowingly possess any fraudulent driver's | 10 |
| license or permit with
the intent to commit a theft, | 11 |
| deception or credit or debit card fraud in
violation of any | 12 |
| law of this State or any law of any other jurisdiction;
| 13 |
| 4. To knowingly possess any fraudulent driver's | 14 |
| license or permit with
the intent to commit any other | 15 |
| violation of any laws of this State or any
law of any other | 16 |
| jurisdiction for which a sentence to a term of
imprisonment | 17 |
| in a penitentiary for one year or more is provided;
| 18 |
| 5. To knowingly possess any fraudulent driver's | 19 |
| license or permit while
in unauthorized possession of any | 20 |
| document, instrument or device capable of
defrauding | 21 |
| another;
| 22 |
| 6. To knowingly possess any fraudulent driver's | 23 |
| license or permit with
the intent to use the license or | 24 |
| permit to acquire any other identification
document;
| 25 |
| 7. To knowingly possess without authority any driver's | 26 |
| license-making or
permit-making implement;
| 27 |
| 8. To knowingly possess any stolen driver's | 28 |
| license-making or
permit-making implement or to possess, | 29 |
| use, or allow to be used any
materials, hardware, or | 30 |
| software specifically designed for or primarily used in
the | 31 |
| manufacture, assembly, issuance, or authentication of an | 32 |
| official driver's
license or permit issued by the Secretary | 33 |
| of State ;
| 34 |
| 9. To knowingly duplicate, manufacture, sell or | 35 |
| transfer any
fraudulent driver's license or permit;
| 36 |
| 10. To advertise or distribute any information or |
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| 1 |
| materials that promote
the selling, giving, or furnishing | 2 |
| of a fraudulent driver's license or
permit;
| 3 |
| 11. To knowingly use any fraudulent driver's license or | 4 |
| permit to
purchase or attempt to purchase any ticket for a | 5 |
| common carrier or to board or
attempt to board any common | 6 |
| carrier. As used in this Section, "common carrier"
means | 7 |
| any public or private provider of transportation, whether | 8 |
| by land, air,
or water;
| 9 |
| 12. To knowingly possess any fraudulent driver's | 10 |
| license or permit if the
person has at the time a different | 11 |
| driver's license issued by the Secretary of
State or | 12 |
| another official driver's license agency in another | 13 |
| jurisdiction that
is suspended or revoked.
| 14 |
| (c) Sentence.
| 15 |
| 1. Any person convicted of a violation of paragraph 1 | 16 |
| of subsection
(b) of this Section shall be guilty of a | 17 |
| Class 4 felony and shall be
sentenced to a minimum fine of | 18 |
| $500 or 50 hours of community service,
preferably at an
| 19 |
| alcohol abuse prevention program, if available.
| 20 |
| 2. Any person convicted of a violation of any of | 21 |
| paragraphs 2 through
9 or paragraph 11 or 12 of
subsection
| 22 |
| (b) of this Section shall be guilty of a Class 4 felony. A | 23 |
| person
convicted of a second or subsequent violation shall | 24 |
| be guilty of a Class 3
felony.
| 25 |
| 3. Any person convicted of a violation of paragraph 10 | 26 |
| of subsection
(b) of this Section shall be guilty of a | 27 |
| Class B misdemeanor.
| 28 |
| (d) This Section does not prohibit any lawfully authorized
| 29 |
| investigative, protective, law enforcement or other activity | 30 |
| of any agency
of the United States, State of Illinois or any | 31 |
| other state or political
subdivision thereof.
| 32 |
| (e) The Secretary may request the Attorney General to seek | 33 |
| a
restraining order in the circuit court against any person who | 34 |
| violates this
Section by advertising fraudulent driver's | 35 |
| licenses or permits.
| 36 |
| (Source: P.A. 92-673, eff. 1-1-03.)
|
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| (625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
| 2 |
| Sec. 6-521. Rulemaking Authority.
| 3 |
| (a) The Secretary of State, using the
authority to license | 4 |
| motor vehicle operators under this Code, may adopt
such rules | 5 |
| and regulations as may be necessary to establish standards,
| 6 |
| policies and procedures for the licensing and sanctioning of | 7 |
| commercial
motor vehicle
drivers in order to meet the | 8 |
| requirements of the Commercial Motor Vehicle
Act of 1986 | 9 |
| (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 | 10 |
| or Part 1572 ; and administrative and policy decisions of the | 11 |
| U.S.
Secretary of
Transportation and the Federal Highway | 12 |
| Administration. The Secretary may,
as provided in the CMVSA, | 13 |
| establish stricter requirements for the licensing
of | 14 |
| commercial motor vehicle drivers than those established by the | 15 |
| federal
government.
| 16 |
| (b) By January 1, 1994, the Secretary of State shall | 17 |
| establish rules and
regulations for the issuance of a
| 18 |
| restricted commercial driver's license
for farm-related | 19 |
| service industries
consistent with federal guidelines. The | 20 |
| restricted license
shall be available for a seasonal period or | 21 |
| periods not to exceed a total of
180 days in any 12 month | 22 |
| period.
| 23 |
| (c) By July 1, 1995, the Secretary of State shall establish
| 24 |
| rules and regulations, to be consistent with federal | 25 |
| guidelines,
for the issuance and cancellation or withdrawal of | 26 |
| a restricted
commercial driver's license that is limited to the | 27 |
| operation of a school
bus. A driver whose restricted commercial | 28 |
| driver's license has
been cancelled or withdrawn may contest | 29 |
| the sanction by requesting
a hearing pursuant to Section 2-118 | 30 |
| of this Code. The cancellation
or withdrawal of the restricted | 31 |
| commercial driver's license shall
remain in effect pending the | 32 |
| outcome of that hearing.
| 33 |
| (d) By July 1, 1995, the Secretary of State shall
establish | 34 |
| rules and regulations for the issuance and cancellation
of a | 35 |
| School Bus Driver's Permit. The permit shall be required for
|
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| the operation of a school bus as provided in subsection (c), a | 2 |
| non-restricted
CDL
with passenger endorsement, or a properly | 3 |
| classified driver's
license. The permit will establish that the | 4 |
| school bus driver has
met all the requirements of the | 5 |
| application and screening process
established by Section | 6 |
| 6-106.1 of this Code.
| 7 |
| (Source: P.A. 88-450; 88-612, eff. 7-1-95.)
| 8 |
| Section 99. Effective date. This Act takes effect June 1, | 9 |
| 2003.
|
|