HB5340 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5340

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Provides that the amendatory Act may be referred to as the License to Work Act. Deletes language providing that all notices sent to a person involved in administrative adjudications, hearings, and final orders shall state that failure to satisfy any fine or penalty shall result in the Secretary of State suspending his or her driving privileges, vehicle registration, or both. Deletes language providing that the Secretary is authorized to cancel a license or permit for failure to pay any fines, civil penalties owed to the Illinois Commerce Commission, or taxes or being a convicted sex offender. Provides that a person whose driver's license was cancelled due to a sex offense conviction shall have his or her driver's license reinstated. Deletes language providing that the reporting requirements for public officials to the Secretary shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Deletes language providing that the Secretary is authorized to suspend or revoke the driving privileges of a person without preliminary hearing for specific adjudications or violations. Provides that the Secretary is authorized to suspend or revoke the driving privileges of a person for specific violations. Provides that a person who's driver's license was suspended or revoked under certain circumstances shall have his or her driving privileges reinstated. Deletes language providing that the owner of a registered vehicle that has failed to pay any fine or penalty due and owing as a result of 10 or more violations shall have his or her driving privileges suspended. Repeals provisions providing the suspension of a driver's license of a person convicted of theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective immediately.


LRB100 19517 LNS 34784 b

 

 

A BILL FOR

 

HB5340LRB100 19517 LNS 34784 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the License to
5Work Act.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-209, 6-306.5,
8and 11-208.3 and by adding Sections 6-209.1, and 6-213 as
9follows:
 
10    (625 ILCS 5/3-704.2)
11    Sec. 3-704.2. Failure to satisfy fines or penalties for
12toll violations or evasions; suspension of vehicle
13registration.
14    (a) Upon receipt of a certified report, as prescribed by
15subsection (c) of this Section, from the Authority stating that
16the owner of a registered vehicle has failed to satisfy any
17fine or penalty resulting from a final order issued by the
18Authority relating directly or indirectly to 5 or more toll
19violations, toll evasions, or both, the Secretary of State
20shall suspend the vehicle registration of the person in
21accordance with the procedures set forth in this Section.
22    (b) Following receipt of the certified report of the

 

 

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1Authority as specified in the Section, the Secretary of State
2shall notify the person whose name appears on the certified
3report that the person's vehicle registration will be suspended
4at the end of a specified period unless the Secretary of State
5is presented with a notice from the Authority certifying that
6the fines or penalties owing the Authority have been satisfied
7or that inclusion of that person's name on the certified report
8was in error. The Secretary's notice shall state in substance
9the information contained in the Authority's certified report
10to the Secretary, and shall be effective as specified by
11subsection (c) of Section 6-211 of this Code.
12    (c) The report from the Authority notifying the Secretary
13of unsatisfied fines or penalties pursuant to this Section
14shall be certified and shall contain the following:
15        (1) The name, last known address, and driver's license
16    number of the person who failed to satisfy the fines or
17    penalties and the registration number of any vehicle known
18    to be registered in this State to that person.
19        (2) A statement that the Authority sent a notice of
20    impending suspension of the person's driver's license,
21    vehicle registration, or both, as prescribed by rules
22    enacted pursuant to subsection (a-5) of Section 10 of the
23    Toll Highway Act, to the person named in the report at the
24    address recorded with the Secretary of State; the date on
25    which the notice was sent; and the address to which the
26    notice was sent.

 

 

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1    (d) The Authority, after making a certified report to the
2Secretary pursuant to this Section, shall notify the Secretary,
3on a form prescribed by the Secretary, whenever a person named
4in the certified report has satisfied the previously reported
5fines or penalties or whenever the Authority determines that
6the original report was in error. A certified copy of the
7notification shall also be given upon request and at no
8additional charge to the person named therein. Upon receipt of
9the Authority's notification or presentation of a certified
10copy of the notification, the Secretary shall terminate the
11suspension.
12    (e) The Authority shall, by rule, establish procedures for
13persons to challenge the accuracy of the certified report made
14pursuant to this Section. The rule shall also provide the
15grounds for a challenge, which may be limited to:
16        (1) the person not having been the owner or lessee of
17    the vehicle or vehicles receiving 5 or more toll violation
18    or toll evasion notices on the date or dates the notices
19    were issued; or
20        (2) the person having already satisfied the fines or
21    penalties for the 5 or more toll violations or toll
22    evasions indicated on the certified report.
23    (f) All notices sent by the Authority to persons involved
24in administrative adjudications, hearings, and final orders
25issued pursuant to rules implementing subsection (a-5) of
26Section 10 of the Toll Highway Act shall state, in clear and

 

 

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1unambiguous language, the consequences of that failure to
2satisfy any fine or penalty imposed by the Authority shall
3result in the Secretary of State suspending the driving
4privileges, vehicle registration, or both, of the person
5failing to satisfy the fines or penalties imposed by the
6Authority.
7    (g) A person may request an administrative hearing to
8contest an impending suspension or a suspension made pursuant
9to this Section upon filing a written request with the
10Secretary. The filing fee for this hearing is $20, to be paid
11at the time of the request. The Authority shall reimburse the
12Secretary for all reasonable costs incurred by the Secretary as
13a result of the filing of a certified report pursuant to this
14Section, including, but not limited to, the costs of providing
15notice required pursuant to subsection (b) and the costs
16incurred by the Secretary in any hearing conducted with respect
17to the report pursuant to this subsection and any appeal from
18that hearing.
19    (h) The Secretary and the Authority may promulgate rules to
20enable them to carry out their duties under this Section.
21    (i) The Authority shall cooperate with the Secretary in the
22administration of this Section and shall provide the Secretary
23with any information the Secretary may deem necessary for these
24purposes, including regular and timely access to toll violation
25enforcement records.
26    The Secretary shall cooperate with the Authority in the

 

 

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1administration of this Section and shall provide the Authority
2with any information the Authority may deem necessary for the
3purposes of this Section, including regular and timely access
4to vehicle registration records. Section 2-123 of this Code
5shall not apply to the provision of this information, but the
6Secretary shall be reimbursed for the cost of providing this
7information.
8    (j) For purposes of this Section, the term "Authority"
9means the Illinois State Toll Highway Authority.
10(Source: P.A. 91-277, eff. 1-1-00.)
 
11    (625 ILCS 5/6-201)
12    Sec. 6-201. Authority to cancel licenses and permits.
13    (a) The Secretary of State is authorized to cancel any
14license or permit upon determining that the holder thereof:
15        1. was not entitled to the issuance thereof hereunder;
16    or
17        2. failed to give the required or correct information
18    in his application; or
19        3. (blank); or failed to pay any fees, civil penalties
20    owed to the Illinois Commerce Commission, or taxes due
21    under this Act and upon reasonable notice and demand; or
22        4. committed any fraud in the making of such
23    application; or
24        5. is ineligible therefor under the provisions of
25    Section 6-103 of this Act, as amended; or

 

 

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1        6. has refused or neglected to submit an alcohol, drug,
2    and intoxicating compound evaluation or to submit to
3    examination or re-examination as required under this Act;
4    or
5        7. has been convicted of violating the Cannabis Control
6    Act, the Illinois Controlled Substances Act, the
7    Methamphetamine Control and Community Protection Act, or
8    the Use of Intoxicating Compounds Act while that individual
9    was in actual physical control of a motor vehicle. For
10    purposes of this Section, any person placed on probation
11    under Section 10 of the Cannabis Control Act, Section 410
12    of the Illinois Controlled Substances Act, or Section 70 of
13    the Methamphetamine Control and Community Protection Act
14    shall not be considered convicted. Any person found guilty
15    of this offense, while in actual physical control of a
16    motor vehicle, shall have an entry made in the court record
17    by the judge that this offense did occur while the person
18    was in actual physical control of a motor vehicle and order
19    the clerk of the court to report the violation to the
20    Secretary of State as such. After the cancellation, the
21    Secretary of State shall not issue a new license or permit
22    for a period of one year after the date of cancellation.
23    However, upon application, the Secretary of State may, if
24    satisfied that the person applying will not endanger the
25    public safety, or welfare, issue a restricted driving
26    permit granting the privilege of driving a motor vehicle

 

 

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1    between the petitioner's residence and petitioner's place
2    of employment or within the scope of the petitioner's
3    employment related duties, or to allow transportation for
4    the petitioner or a household member of the petitioner's
5    family for the receipt of necessary medical care, or
6    provide transportation for the petitioner to and from
7    alcohol or drug remedial or rehabilitative activity
8    recommended by a licensed service provider, or for the
9    petitioner to attend classes, as a student, in an
10    accredited educational institution. The petitioner must
11    demonstrate that no alternative means of transportation is
12    reasonably available; provided that the Secretary's
13    discretion shall be limited to cases where undue hardship,
14    as defined by the rules of the Secretary of State, would
15    result from a failure to issue such restricted driving
16    permit. In each case the Secretary of State may issue such
17    restricted driving permit for such period as he deems
18    appropriate, except that such permit shall expire within
19    one year from the date of issuance. A restricted driving
20    permit issued hereunder shall be subject to cancellation,
21    revocation and suspension by the Secretary of State in like
22    manner and for like cause as a driver's license issued
23    hereunder may be cancelled, revoked or suspended; except
24    that a conviction upon one or more offenses against laws or
25    ordinances regulating the movement of traffic shall be
26    deemed sufficient cause for the revocation, suspension or

 

 

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1    cancellation of a restricted driving permit. The Secretary
2    of State may, as a condition to the issuance of a
3    restricted driving permit, require the applicant to
4    participate in a driver remedial or rehabilitative
5    program. In accordance with 49 C.F.R. 384, the Secretary of
6    State may not issue a restricted driving permit for the
7    operation of a commercial motor vehicle to a person holding
8    a CDL whose driving privileges have been revoked,
9    suspended, cancelled, or disqualified under this Code; or
10        8. failed to submit a report as required by Section
11    6-116.5 of this Code; or
12        9. (blank); or has been convicted of a sex offense as
13    defined in the Sex Offender Registration Act. The driver's
14    license shall remain cancelled until the driver registers
15    as a sex offender as required by the Sex Offender
16    Registration Act, proof of the registration is furnished to
17    the Secretary of State and the sex offender provides proof
18    of current address to the Secretary; or
19        10. is ineligible for a license or permit under Section
20    6-107, 6-107.1, or 6-108 of this Code; or
21        11. refused or neglected to appear at a Driver Services
22    facility to have the license or permit corrected and a new
23    license or permit issued or to present documentation for
24    verification of identity; or
25        12. failed to submit a medical examiner's certificate
26    or medical variance as required by 49 C.F.R. 383.71 or

 

 

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1    submitted a fraudulent medical examiner's certificate or
2    medical variance; or
3        13. has had his or her medical examiner's certificate,
4    medical variance, or both removed or rescinded by the
5    Federal Motor Carrier Safety Administration; or
6        14. failed to self-certify as to the type of driving in
7    which the CDL driver engages or expects to engage; or
8        15. has submitted acceptable documentation indicating
9    out-of-state residency to the Secretary of State to be
10    released from the requirement of showing proof of financial
11    responsibility in this State; or
12        16. was convicted of fraud relating to the testing or
13    issuance of a CDL or CLP, in which case only the CDL or CLP
14    shall be cancelled. After cancellation, the Secretary
15    shall not issue a CLP or CDL for a period of one year from
16    the date of cancellation; or
17        17. has a special restricted license under subsection
18    (g) of Section 6-113 of this Code and failed to submit the
19    required annual vision specialist report that the special
20    restricted license holder's vision has not changed; or
21        18. has a special restricted license under subsection
22    (g) of Section 6-113 of this Code and was convicted or
23    received court supervision for a violation of this Code
24    that occurred during nighttime hours or was involved in a
25    motor vehicle accident during nighttime hours in which the
26    restricted license holder was at fault; or

 

 

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1        19. has assisted an out-of-state resident in acquiring
2    an Illinois driver's license or identification card by
3    providing or allowing the out-of-state resident to use his
4    or her Illinois address of residence and is complicit in
5    distributing and forwarding the Illinois driver's license
6    or identification card to the out-of-state resident.
7    (b) Upon such cancellation the licensee or permittee must
8surrender the license or permit so cancelled to the Secretary
9of State.
10    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
11Secretary of State shall have exclusive authority to grant,
12issue, deny, cancel, suspend and revoke driving privileges,
13drivers' licenses and restricted driving permits.
14    (c-5) A person whose driver's license was cancelled under
15paragraph (9) of subsection (a) of this Section before the
16effective date of this amendatory Act of the 100th General
17Assembly and remains cancelled shall have his or her driver's
18license reinstated.
19    (d) The Secretary of State may adopt rules to implement
20this Section.
21(Source: P.A. 100-409, eff. 8-25-17.)
 
22    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
23    Sec. 6-204. When court to forward license and reports.
24    (a) For the purpose of providing to the Secretary of State
25the records essential to the performance of the Secretary's

 

 

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1duties under this Code to cancel, revoke or suspend the
2driver's license and privilege to drive motor vehicles of
3certain minors adjudicated truant minors in need of
4supervision, addicted, or delinquent and of persons found
5guilty of the criminal offenses or traffic violations which
6this Code recognizes as evidence relating to unfitness to
7safely operate motor vehicles, the following duties are imposed
8upon public officials:
9        (1) Whenever any person is convicted of any offense for
10    which this Code makes mandatory the cancellation or
11    revocation of the driver's license or permit of such person
12    by the Secretary of State, the judge of the court in which
13    such conviction is had shall require the surrender to the
14    clerk of the court of all driver's licenses or permits then
15    held by the person so convicted, and the clerk of the court
16    shall, within 5 days thereafter, forward the same, together
17    with a report of such conviction, to the Secretary.
18        (2) Whenever any person is convicted of any offense
19    under this Code or similar offenses under a municipal
20    ordinance, other than regulations governing standing,
21    parking or weights of vehicles, and excepting the following
22    enumerated Sections of this Code: Sections 11-1406
23    (obstruction to driver's view or control), 11-1407
24    (improper opening of door into traffic), 11-1410 (coasting
25    on downgrade), 11-1411 (following fire apparatus),
26    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

 

 

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1    vehicle which is in unsafe condition or improperly
2    equipped), 12-201(a) (daytime lights on motorcycles),
3    12-202 (clearance, identification and side marker lamps),
4    12-204 (lamp or flag on projecting load), 12-205 (failure
5    to display the safety lights required), 12-401
6    (restrictions as to tire equipment), 12-502 (mirrors),
7    12-503 (windshields must be unobstructed and equipped with
8    wipers), 12-601 (horns and warning devices), 12-602
9    (mufflers, prevention of noise or smoke), 12-603 (seat
10    safety belts), 12-702 (certain vehicles to carry flares or
11    other warning devices), 12-703 (vehicles for oiling roads
12    operated on highways), 12-710 (splash guards and
13    replacements), 13-101 (safety tests), 15-101 (size, weight
14    and load), 15-102 (width), 15-103 (height), 15-104 (name
15    and address on second division vehicles), 15-107 (length of
16    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
17    15-112 (weights), 15-301 (weights), 15-316 (weights),
18    15-318 (weights), and also excepting the following
19    enumerated Sections of the Chicago Municipal Code:
20    Sections 27-245 (following fire apparatus), 27-254
21    (obstruction of traffic), 27-258 (driving vehicle which is
22    in unsafe condition), 27-259 (coasting on downgrade),
23    27-264 (use of horns and signal devices), 27-265
24    (obstruction to driver's view or driver mechanism), 27-267
25    (dimming of headlights), 27-268 (unattended motor
26    vehicle), 27-272 (illegal funeral procession), 27-273

 

 

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1    (funeral procession on boulevard), 27-275 (driving freight
2    hauling vehicles on boulevard), 27-276 (stopping and
3    standing of buses or taxicabs), 27-277 (cruising of public
4    passenger vehicles), 27-305 (parallel parking), 27-306
5    (diagonal parking), 27-307 (parking not to obstruct
6    traffic), 27-308 (stopping, standing or parking
7    regulated), 27-311 (parking regulations), 27-312 (parking
8    regulations), 27-313 (parking regulations), 27-314
9    (parking regulations), 27-315 (parking regulations),
10    27-316 (parking regulations), 27-317 (parking
11    regulations), 27-318 (parking regulations), 27-319
12    (parking regulations), 27-320 (parking regulations),
13    27-321 (parking regulations), 27-322 (parking
14    regulations), 27-324 (loading and unloading at an angle),
15    27-333 (wheel and axle loads), 27-334 (load restrictions in
16    the downtown district), 27-335 (load restrictions in
17    residential areas), 27-338 (width of vehicles), 27-339
18    (height of vehicles), 27-340 (length of vehicles), 27-352
19    (reflectors on trailers), 27-353 (mufflers), 27-354
20    (display of plates), 27-355 (display of city vehicle tax
21    sticker), 27-357 (identification of vehicles), 27-358
22    (projecting of loads), and also excepting the following
23    enumerated paragraphs of Section 2-201 of the Rules and
24    Regulations of the Illinois State Toll Highway Authority:
25    (l) (driving unsafe vehicle on tollway), (m) (vehicles
26    transporting dangerous cargo not properly indicated), it

 

 

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1    shall be the duty of the clerk of the court in which such
2    conviction is had within 5 days thereafter to forward to
3    the Secretary of State a report of the conviction and the
4    court may recommend the suspension of the driver's license
5    or permit of the person so convicted.
6        The reporting requirements of this subsection shall
7    apply to all violations stated in paragraphs (1) and (2) of
8    this subsection when the individual has been adjudicated
9    under the Juvenile Court Act or the Juvenile Court Act of
10    1987. Such reporting requirements shall also apply to
11    individuals adjudicated under the Juvenile Court Act or the
12    Juvenile Court Act of 1987 who have committed a violation
13    of Section 11-501 of this Code, or similar provision of a
14    local ordinance, or Section 9-3 of the Criminal Code of
15    1961 or the Criminal Code of 2012, relating to the offense
16    of reckless homicide, or Section 5-7 of the Snowmobile
17    Registration and Safety Act or Section 5-16 of the Boat
18    Registration and Safety Act, relating to the offense of
19    operating a snowmobile or a watercraft while under the
20    influence of alcohol, other drug or drugs, intoxicating
21    compound or compounds, or combination thereof. These
22    reporting requirements also apply to individuals
23    adjudicated under the Juvenile Court Act of 1987 based on
24    any offense determined to have been committed in
25    furtherance of the criminal activities of an organized
26    gang, as provided in Section 5-710 of that Act, if those

 

 

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1    activities and that involved the operation or use of a
2    motor vehicle or the use of a driver's license or permit.
3    The reporting requirements of this subsection shall also
4    apply to a truant minor in need of supervision, an addicted
5    minor, or a delinquent minor and whose driver's license and
6    privilege to drive a motor vehicle has been ordered
7    suspended for such times as determined by the court, but
8    only until he or she attains 18 years of age. It shall be
9    the duty of the clerk of the court in which adjudication is
10    had within 5 days thereafter to forward to the Secretary of
11    State a report of the adjudication and the court order
12    requiring the Secretary of State to suspend the minor's
13    driver's license and driving privilege for such time as
14    determined by the court, but only until he or she attains
15    the age of 18 years. All juvenile court dispositions
16    reported to the Secretary of State under this provision
17    shall be processed by the Secretary of State as if the
18    cases had been adjudicated in traffic or criminal court.
19    However, information reported relative to the offense of
20    reckless homicide, or Section 11-501 of this Code, or a
21    similar provision of a local ordinance, shall be privileged
22    and available only to the Secretary of State, courts, and
23    police officers.
24        The reporting requirements of this subsection (a)
25    apply to all violations listed in paragraphs (1) and (2) of
26    this subsection (a), excluding parking violations, when

 

 

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1    the driver holds a CLP or CDL, regardless of the type of
2    vehicle in which the violation occurred, or when any driver
3    committed the violation in a commercial motor vehicle as
4    defined in Section 6-500 of this Code.
5        (3) Whenever an order is entered vacating the
6    forfeiture of any bail, security or bond given to secure
7    appearance for any offense under this Code or similar
8    offenses under municipal ordinance, it shall be the duty of
9    the clerk of the court in which such vacation was had or
10    the judge of such court if such court has no clerk, within
11    5 days thereafter to forward to the Secretary of State a
12    report of the vacation.
13        (4) A report of any disposition of court supervision
14    for a violation of Sections 6-303, 11-401, 11-501 or a
15    similar provision of a local ordinance, 11-503, 11-504, and
16    11-506 of this Code, Section 5-7 of the Snowmobile
17    Registration and Safety Act, and Section 5-16 of the Boat
18    Registration and Safety Act shall be forwarded to the
19    Secretary of State. A report of any disposition of court
20    supervision for a violation of an offense defined as a
21    serious traffic violation in this Code or a similar
22    provision of a local ordinance committed by a person under
23    the age of 21 years shall be forwarded to the Secretary of
24    State.
25        (5) Reports of conviction under this Code and
26    sentencing hearings under the Juvenile Court Act of 1987 in

 

 

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1    an electronic format or a computer processible medium shall
2    be forwarded to the Secretary of State via the Supreme
3    Court in the form and format required by the Illinois
4    Supreme Court and established by a written agreement
5    between the Supreme Court and the Secretary of State. In
6    counties with a population over 300,000, instead of
7    forwarding reports to the Supreme Court, reports of
8    conviction under this Code and sentencing hearings under
9    the Juvenile Court Act of 1987 in an electronic format or a
10    computer processible medium may be forwarded to the
11    Secretary of State by the Circuit Court Clerk in a form and
12    format required by the Secretary of State and established
13    by written agreement between the Circuit Court Clerk and
14    the Secretary of State. Failure to forward the reports of
15    conviction or sentencing hearing under the Juvenile Court
16    Act of 1987 as required by this Section shall be deemed an
17    omission of duty and it shall be the duty of the several
18    State's Attorneys to enforce the requirements of this
19    Section.
20    (b) Whenever a restricted driving permit is forwarded to a
21court, as a result of confiscation by a police officer pursuant
22to the authority in Section 6-113(f), it shall be the duty of
23the clerk, or judge, if the court has no clerk, to forward such
24restricted driving permit and a facsimile of the officer's
25citation to the Secretary of State as expeditiously as
26practicable.

 

 

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1    (c) For the purposes of this Code, a forfeiture of bail or
2collateral deposited to secure a defendant's appearance in
3court when forfeiture has not been vacated, or the failure of a
4defendant to appear for trial after depositing his driver's
5license in lieu of other bail, shall be equivalent to a
6conviction.
7    (d) For the purpose of providing the Secretary of State
8with records necessary to properly monitor and assess driver
9performance and assist the courts in the proper disposition of
10repeat traffic law offenders, the clerk of the court shall
11forward to the Secretary of State, on a form prescribed by the
12Secretary, records of a driver's participation in a driver
13remedial or rehabilitative program which was required, through
14a court order or court supervision, in relation to the driver's
15arrest for a violation of Section 11-501 of this Code or a
16similar provision of a local ordinance. The clerk of the court
17shall also forward to the Secretary, either on paper or in an
18electronic format or a computer processible medium as required
19under paragraph (5) of subsection (a) of this Section, any
20disposition of court supervision for any traffic violation,
21excluding those offenses listed in paragraph (2) of subsection
22(a) of this Section. These reports shall be sent within 5 days
23after disposition, or, if the driver is referred to a driver
24remedial or rehabilitative program, within 5 days of the
25driver's referral to that program. These reports received by
26the Secretary of State, including those required to be

 

 

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1forwarded under paragraph (a)(4), shall be privileged
2information, available only (i) to the affected driver, (ii) to
3the parent or guardian of a person under the age of 18 years
4holding an instruction permit or a graduated driver's license,
5and (iii) for use by the courts, police officers, prosecuting
6authorities, the Secretary of State, and the driver licensing
7administrator of any other state. In accordance with 49 C.F.R.
8Part 384, all reports of court supervision, except violations
9related to parking, shall be forwarded to the Secretary of
10State for all holders of a CLP or CDL or any driver who commits
11an offense while driving a commercial motor vehicle. These
12reports shall be recorded to the driver's record as a
13conviction for use in the disqualification of the driver's
14commercial motor vehicle privileges and shall not be privileged
15information.
16(Source: P.A. 100-74, eff. 8-11-17.)
 
17    (625 ILCS 5/6-205)
18    Sec. 6-205. Mandatory revocation of license or permit;
19hardship cases.
20    (a) Except as provided in this Section, the Secretary of
21State shall immediately revoke the license, permit, or driving
22privileges of any driver upon receiving a report of the
23driver's conviction of any of the following offenses:
24        1. Reckless homicide resulting from the operation of a
25    motor vehicle;

 

 

HB5340- 20 -LRB100 19517 LNS 34784 b

1        2. Violation of Section 11-501 of this Code or a
2    similar provision of a local ordinance relating to the
3    offense of operating or being in physical control of a
4    vehicle while under the influence of alcohol, other drug or
5    drugs, intoxicating compound or compounds, or any
6    combination thereof;
7        3. Any felony under the laws of any State or the
8    federal government in the commission of which a motor
9    vehicle was used;
10        4. Violation of Section 11-401 of this Code relating to
11    the offense of leaving the scene of a traffic accident
12    involving death or personal injury;
13        5. Perjury or the making of a false affidavit or
14    statement under oath to the Secretary of State under this
15    Code or under any other law relating to the ownership or
16    operation of motor vehicles;
17        6. Conviction upon 3 charges of violation of Section
18    11-503 of this Code relating to the offense of reckless
19    driving committed within a period of 12 months;
20        7. Conviction of any offense defined in Section 4-102
21    of this Code if the vehicle is set in motion;
22        8. Violation of Section 11-504 of this Code relating to
23    the offense of drag racing;
24        9. Violation of Chapters 8 and 9 of this Code;
25        10. Violation of Section 12-5 of the Criminal Code of
26    1961 or the Criminal Code of 2012 arising from the use of a

 

 

HB5340- 21 -LRB100 19517 LNS 34784 b

1    motor vehicle;
2        11. Violation of Section 11-204.1 of this Code relating
3    to aggravated fleeing or attempting to elude a peace
4    officer;
5        12. Violation of paragraph (1) of subsection (b) of
6    Section 6-507, or a similar law of any other state,
7    relating to the unlawful operation of a commercial motor
8    vehicle;
9        13. Violation of paragraph (a) of Section 11-502 of
10    this Code or a similar provision of a local ordinance if
11    the driver has been previously convicted of a violation of
12    that Section or a similar provision of a local ordinance
13    and the driver was less than 21 years of age at the time of
14    the offense;
15        14. Violation of paragraph (a) of Section 11-506 of
16    this Code or a similar provision of a local ordinance
17    relating to the offense of street racing;
18        15. A second or subsequent conviction of driving while
19    the person's driver's license, permit or privileges was
20    revoked for reckless homicide or a similar out-of-state
21    offense;
22        16. Any offense against any provision in this Code, or
23    any local ordinance, regulating the movement of traffic
24    when that offense was the proximate cause of the death of
25    any person. Any person whose driving privileges have been
26    revoked pursuant to this paragraph may seek to have the

 

 

HB5340- 22 -LRB100 19517 LNS 34784 b

1    revocation terminated or to have the length of revocation
2    reduced by requesting an administrative hearing with the
3    Secretary of State prior to the projected driver's license
4    application eligibility date;
5        17. Violation of subsection (a-2) of Section 11-1301.3
6    of this Code or a similar provision of a local ordinance;
7        18. A second or subsequent conviction of illegal
8    possession, while operating or in actual physical control,
9    as a driver, of a motor vehicle, of any controlled
10    substance prohibited under the Illinois Controlled
11    Substances Act, any cannabis prohibited under the Cannabis
12    Control Act, or any methamphetamine prohibited under the
13    Methamphetamine Control and Community Protection Act. A
14    defendant found guilty of this offense while operating a
15    motor vehicle shall have an entry made in the court record
16    by the presiding judge that this offense did occur while
17    the defendant was operating a motor vehicle and order the
18    clerk of the court to report the violation to the Secretary
19    of State;
20        19. Violation of subsection (a) of Section 11-1414 of
21    this Code, or a similar provision of a local ordinance,
22    relating to the offense of overtaking or passing of a
23    school bus when the driver, in committing the violation, is
24    involved in a motor vehicle accident that results in death
25    to another and the violation is a proximate cause of the
26    death.

 

 

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

 

 

HB5340- 24 -LRB100 19517 LNS 34784 b

1within the scope of the petitioner's employment related duties,
2or to allow the petitioner to transport himself or herself or a
3family member of the petitioner's household to a medical
4facility for the receipt of necessary medical care or to allow
5the petitioner to transport himself or herself to and from
6alcohol or drug remedial or rehabilitative activity
7recommended by a licensed service provider, or to allow the
8petitioner to transport himself or herself or a family member
9of the petitioner's household to classes, as a student, at an
10accredited educational institution, or to allow the petitioner
11to transport children, elderly persons, or persons with
12disabilities who do not hold driving privileges and are living
13in the petitioner's household to and from daycare; if the
14petitioner is able to demonstrate that no alternative means of
15transportation is reasonably available and that the petitioner
16will not endanger the public safety or welfare; provided that
17the Secretary's discretion shall be limited to cases where
18undue hardship, as defined by the rules of the Secretary of
19State, would result from a failure to issue the restricted
20driving permit.
21    (1.5) A person subject to the provisions of paragraph 4 of
22subsection (b) of Section 6-208 of this Code may make
23application for a restricted driving permit at a hearing
24conducted under Section 2-118 of this Code after the expiration
25of 5 years from the effective date of the most recent
26revocation, or after 5 years from the date of release from a

 

 

HB5340- 25 -LRB100 19517 LNS 34784 b

1period of imprisonment resulting from a conviction of the most
2recent offense, whichever is later, provided the person, in
3addition to all other requirements of the Secretary, shows by
4clear and convincing evidence:
5        (A) a minimum of 3 years of uninterrupted abstinence
6    from alcohol and the unlawful use or consumption of
7    cannabis under the Cannabis Control Act, a controlled
8    substance under the Illinois Controlled Substances Act, an
9    intoxicating compound under the Use of Intoxicating
10    Compounds Act, or methamphetamine under the
11    Methamphetamine Control and Community Protection Act; and
12        (B) the successful completion of any rehabilitative
13    treatment and involvement in any ongoing rehabilitative
14    activity that may be recommended by a properly licensed
15    service provider according to an assessment of the person's
16    alcohol or drug use under Section 11-501.01 of this Code.
17    In determining whether an applicant is eligible for a
18restricted driving permit under this paragraph (1.5), the
19Secretary may consider any relevant evidence, including, but
20not limited to, testimony, affidavits, records, and the results
21of regular alcohol or drug tests. Persons subject to the
22provisions of paragraph 4 of subsection (b) of Section 6-208 of
23this Code and who have been convicted of more than one
24violation of paragraph (3), paragraph (4), or paragraph (5) of
25subsection (a) of Section 11-501 of this Code shall not be
26eligible to apply for a restricted driving permit.

 

 

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1    A restricted driving permit issued under this paragraph
2(1.5) shall provide that the holder may only operate motor
3vehicles equipped with an ignition interlock device as required
4under paragraph (2) of subsection (c) of this Section and
5subparagraph (A) of paragraph 3 of subsection (c) of Section
66-206 of this Code. The Secretary may revoke a restricted
7driving permit or amend the conditions of a restricted driving
8permit issued under this paragraph (1.5) if the holder operates
9a vehicle that is not equipped with an ignition interlock
10device, or for any other reason authorized under this Code.
11    A restricted driving permit issued under this paragraph
12(1.5) shall be revoked, and the holder barred from applying for
13or being issued a restricted driving permit in the future, if
14the holder is subsequently convicted of a violation of Section
1511-501 of this Code, a similar provision of a local ordinance,
16or a similar offense in another state.
17    (2) If a person's license or permit is revoked or suspended
18due to 2 or more convictions of violating Section 11-501 of
19this Code or a similar provision of a local ordinance or a
20similar out-of-state offense, or Section 9-3 of the Criminal
21Code of 1961 or the Criminal Code of 2012, where the use of
22alcohol or other drugs is recited as an element of the offense,
23or a similar out-of-state offense, or a combination of these
24offenses, arising out of separate occurrences, that person, if
25issued a restricted driving permit, may not operate a vehicle
26unless it has been equipped with an ignition interlock device

 

 

HB5340- 27 -LRB100 19517 LNS 34784 b

1as defined in Section 1-129.1.
2    (3) If:
3        (A) a person's license or permit is revoked or
4    suspended 2 or more times due to any combination of:
5            (i) a single conviction of violating Section
6        11-501 of this Code or a similar provision of a local
7        ordinance or a similar out-of-state offense, or
8        Section 9-3 of the Criminal Code of 1961 or the
9        Criminal Code of 2012, where the use of alcohol or
10        other drugs is recited as an element of the offense, or
11        a similar out-of-state offense; or
12            (ii) a statutory summary suspension or revocation
13        under Section 11-501.1; or
14            (iii) a suspension pursuant to Section 6-203.1;
15    arising out of separate occurrences; or
16        (B) a person has been convicted of one violation of
17    subparagraph (C) or (F) of paragraph (1) of subsection (d)
18    of Section 11-501 of this Code, Section 9-3 of the Criminal
19    Code of 1961 or the Criminal Code of 2012, relating to the
20    offense of reckless homicide where the use of alcohol or
21    other drugs was recited as an element of the offense, or a
22    similar provision of a law of another state;
23that person, if issued a restricted driving permit, may not
24operate a vehicle unless it has been equipped with an ignition
25interlock device as defined in Section 1-129.1.
26    (4) The person issued a permit conditioned on the use of an

 

 

HB5340- 28 -LRB100 19517 LNS 34784 b

1ignition interlock device must pay to the Secretary of State
2DUI Administration Fund an amount not to exceed $30 per month.
3The Secretary shall establish by rule the amount and the
4procedures, terms, and conditions relating to these fees.
5    (5) If the restricted driving permit is issued for
6employment purposes, then the prohibition against operating a
7motor vehicle that is not equipped with an ignition interlock
8device does not apply to the operation of an occupational
9vehicle owned or leased by that person's employer when used
10solely for employment purposes. For any person who, within a
115-year period, is convicted of a second or subsequent offense
12under Section 11-501 of this Code, or a similar provision of a
13local ordinance or similar out-of-state offense, this
14employment exemption does not apply until either a one-year
15period has elapsed during which that person had his or her
16driving privileges revoked or a one-year period has elapsed
17during which that person had a restricted driving permit which
18required the use of an ignition interlock device on every motor
19vehicle owned or operated by that person.
20    (6) In each case the Secretary of State may issue a
21restricted driving permit for a period he deems appropriate,
22except that the permit shall expire within one year from the
23date of issuance. A restricted driving permit issued under this
24Section shall be subject to cancellation, revocation, and
25suspension by the Secretary of State in like manner and for
26like cause as a driver's license issued under this Code may be

 

 

HB5340- 29 -LRB100 19517 LNS 34784 b

1cancelled, revoked, or suspended; except that a conviction upon
2one or more offenses against laws or ordinances regulating the
3movement of traffic shall be deemed sufficient cause for the
4revocation, suspension, or cancellation of a restricted
5driving permit. The Secretary of State may, as a condition to
6the issuance of a restricted driving permit, require the
7petitioner to participate in a designated driver remedial or
8rehabilitative program. The Secretary of State is authorized to
9cancel a restricted driving permit if the permit holder does
10not successfully complete the program. However, if an
11individual's driving privileges have been revoked in
12accordance with paragraph 13 of subsection (a) of this Section,
13no restricted driving permit shall be issued until the
14individual has served 6 months of the revocation period.
15    (c-5) (Blank).
16    (c-6) If a person is convicted of a second violation of
17operating a motor vehicle while the person's driver's license,
18permit or privilege was revoked, where the revocation was for a
19violation of Section 9-3 of the Criminal Code of 1961 or the
20Criminal Code of 2012 relating to the offense of reckless
21homicide or a similar out-of-state offense, the person's
22driving privileges shall be revoked pursuant to subdivision
23(a)(15) of this Section. The person may not make application
24for a license or permit until the expiration of five years from
25the effective date of the revocation or the expiration of five
26years from the date of release from a term of imprisonment,

 

 

HB5340- 30 -LRB100 19517 LNS 34784 b

1whichever is later.
2    (c-7) If a person is convicted of a third or subsequent
3violation of operating a motor vehicle while the person's
4driver's license, permit or privilege was revoked, where the
5revocation was for a violation of Section 9-3 of the Criminal
6Code of 1961 or the Criminal Code of 2012 relating to the
7offense of reckless homicide or a similar out-of-state offense,
8the person may never apply for a license or permit.
9    (d)(1) Whenever a person under the age of 21 is convicted
10under Section 11-501 of this Code or a similar provision of a
11local ordinance or a similar out-of-state offense, the
12Secretary of State shall revoke the driving privileges of that
13person. One year after the date of revocation, and upon
14application, the Secretary of State may, if satisfied that the
15person applying will not endanger the public safety or welfare,
16issue a restricted driving permit granting the privilege of
17driving a motor vehicle only between the hours of 5 a.m. and 9
18p.m. or as otherwise provided by this Section for a period of
19one year. After this one-year period, and upon reapplication
20for a license as provided in Section 6-106, upon payment of the
21appropriate reinstatement fee provided under paragraph (b) of
22Section 6-118, the Secretary of State, in his discretion, may
23reinstate the petitioner's driver's license and driving
24privileges, or extend the restricted driving permit as many
25times as the Secretary of State deems appropriate, by
26additional periods of not more than 12 months each.

 

 

HB5340- 31 -LRB100 19517 LNS 34784 b

1        (2) If a person's license or permit is revoked or
2    suspended due to 2 or more convictions of violating Section
3    11-501 of this Code or a similar provision of a local
4    ordinance or a similar out-of-state offense, or Section 9-3
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    where the use of alcohol or other drugs is recited as an
7    element of the offense, or a similar out-of-state offense,
8    or a combination of these offenses, arising out of separate
9    occurrences, that person, if issued a restricted driving
10    permit, may not operate a vehicle unless it has been
11    equipped with an ignition interlock device as defined in
12    Section 1-129.1.
13        (3) If a person's license or permit is revoked or
14    suspended 2 or more times due to any combination of:
15            (A) a single conviction of violating Section
16        11-501 of this Code or a similar provision of a local
17        ordinance or a similar out-of-state offense, or
18        Section 9-3 of the Criminal Code of 1961 or the
19        Criminal Code of 2012, where the use of alcohol or
20        other drugs is recited as an element of the offense, or
21        a similar out-of-state offense; or
22            (B) a statutory summary suspension or revocation
23        under Section 11-501.1; or
24            (C) a suspension pursuant to Section 6-203.1;
25    arising out of separate occurrences, that person, if issued
26    a restricted driving permit, may not operate a vehicle

 

 

HB5340- 32 -LRB100 19517 LNS 34784 b

1    unless it has been equipped with an ignition interlock
2    device as defined in Section 1-129.1.
3        (3.5) If a person's license or permit is revoked or
4    suspended due to a conviction for a violation of
5    subparagraph (C) or (F) of paragraph (1) of subsection (d)
6    of Section 11-501 of this Code, or a similar provision of a
7    local ordinance or similar out-of-state offense, that
8    person, if issued a restricted driving permit, may not
9    operate a vehicle unless it has been equipped with an
10    ignition interlock device as defined in Section 1-129.1.
11        (4) The person issued a permit conditioned upon the use
12    of an interlock device must pay to the Secretary of State
13    DUI Administration Fund an amount not to exceed $30 per
14    month. The Secretary shall establish by rule the amount and
15    the procedures, terms, and conditions relating to these
16    fees.
17        (5) If the restricted driving permit is issued for
18    employment purposes, then the prohibition against driving
19    a vehicle that is not equipped with an ignition interlock
20    device does not apply to the operation of an occupational
21    vehicle owned or leased by that person's employer when used
22    solely for employment purposes. For any person who, within
23    a 5-year period, is convicted of a second or subsequent
24    offense under Section 11-501 of this Code, or a similar
25    provision of a local ordinance or similar out-of-state
26    offense, this employment exemption does not apply until

 

 

HB5340- 33 -LRB100 19517 LNS 34784 b

1    either a one-year period has elapsed during which that
2    person had his or her driving privileges revoked or a
3    one-year period has elapsed during which that person had a
4    restricted driving permit which required the use of an
5    ignition interlock device on every motor vehicle owned or
6    operated by that person.
7        (6) A restricted driving permit issued under this
8    Section shall be subject to cancellation, revocation, and
9    suspension by the Secretary of State in like manner and for
10    like cause as a driver's license issued under this Code may
11    be cancelled, revoked, or suspended; except that a
12    conviction upon one or more offenses against laws or
13    ordinances regulating the movement of traffic shall be
14    deemed sufficient cause for the revocation, suspension, or
15    cancellation of a restricted driving permit.
16    (d-5) The revocation of the license, permit, or driving
17privileges of a person convicted of a third or subsequent
18violation of Section 6-303 of this Code committed while his or
19her driver's license, permit, or privilege was revoked because
20of a violation of Section 9-3 of the Criminal Code of 1961 or
21the Criminal Code of 2012, relating to the offense of reckless
22homicide, or a similar provision of a law of another state, is
23permanent. The Secretary may not, at any time, issue a license
24or permit to that person.
25    (e) This Section is subject to the provisions of the Driver
26License Compact.

 

 

HB5340- 34 -LRB100 19517 LNS 34784 b

1    (f) Any revocation imposed upon any person under
2subsections 2 and 3 of paragraph (b) that is in effect on
3December 31, 1988 shall be converted to a suspension for a like
4period of time.
5    (g) The Secretary of State shall not issue a restricted
6driving permit to a person under the age of 16 years whose
7driving privileges have been revoked under any provisions of
8this Code.
9    (h) The Secretary of State shall require the use of
10ignition interlock devices for a period not less than 5 years
11on all vehicles owned by a person who has been convicted of a
12second or subsequent offense under Section 11-501 of this Code
13or a similar provision of a local ordinance. The person must
14pay to the Secretary of State DUI Administration Fund an amount
15not to exceed $30 for each month that he or she uses the
16device. The Secretary shall establish by rule and regulation
17the procedures for certification and use of the interlock
18system, the amount of the fee, and the procedures, terms, and
19conditions relating to these fees. During the time period in
20which a person is required to install an ignition interlock
21device under this subsection (h), that person shall only
22operate vehicles in which ignition interlock devices have been
23installed, except as allowed by subdivision (c)(5) or (d)(5) of
24this Section.
25    (i) (Blank).
26    (j) In accordance with 49 C.F.R. 384, the Secretary of

 

 

HB5340- 35 -LRB100 19517 LNS 34784 b

1State may not issue a restricted driving permit for the
2operation of a commercial motor vehicle to a person holding a
3CDL whose driving privileges have been revoked, suspended,
4cancelled, or disqualified under any provisions of this Code.
5    (k) The Secretary of State shall notify by mail any person
6whose driving privileges have been revoked under paragraph 16
7of subsection (a) of this Section that his or her driving
8privileges and driver's license will be revoked 90 days from
9the date of the mailing of the notice.
10(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1199-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1299-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
13100-223, eff. 8-18-17.)
 
14    (625 ILCS 5/6-206)
15    Sec. 6-206. Discretionary authority to suspend or revoke
16license or permit; right to a hearing.
17    (a) The Secretary of State is authorized to suspend or
18revoke the driving privileges of any person without preliminary
19hearing upon a showing of the person's records or other
20sufficient evidence that the person:
21        1. Has committed an offense for which mandatory
22    revocation of a driver's license or permit is required upon
23    conviction;
24        2. Has been convicted of not less than 3 offenses
25    against traffic regulations governing the movement of

 

 

HB5340- 36 -LRB100 19517 LNS 34784 b

1    vehicles committed within any 12 month period. No
2    revocation or suspension shall be entered more than 6
3    months after the date of last conviction;
4        3. Has been repeatedly involved as a driver in motor
5    vehicle collisions or has been repeatedly convicted of
6    offenses against laws and ordinances regulating the
7    movement of traffic, to a degree that indicates lack of
8    ability to exercise ordinary and reasonable care in the
9    safe operation of a motor vehicle or disrespect for the
10    traffic laws and the safety of other persons upon the
11    highway;
12        4. Has by the unlawful operation of a motor vehicle
13    caused or contributed to an accident resulting in injury
14    requiring immediate professional treatment in a medical
15    facility or doctor's office to any person, except that any
16    suspension or revocation imposed by the Secretary of State
17    under the provisions of this subsection shall start no
18    later than 6 months after being convicted of violating a
19    law or ordinance regulating the movement of traffic, which
20    violation is related to the accident, or shall start not
21    more than one year after the date of the accident,
22    whichever date occurs later;
23        5. Has permitted an unlawful or fraudulent use of a
24    driver's license, identification card, or permit;
25        6. Has been lawfully convicted of an offense or
26    offenses in another state, including the authorization

 

 

HB5340- 37 -LRB100 19517 LNS 34784 b

1    contained in Section 6-203.1, which if committed within
2    this State would be grounds for suspension or revocation;
3        7. Has refused or failed to submit to an examination
4    provided for by Section 6-207 or has failed to pass the
5    examination;
6        8. Is ineligible for a driver's license or permit under
7    the provisions of Section 6-103;
8        9. Has made a false statement or knowingly concealed a
9    material fact or has used false information or
10    identification in any application for a license,
11    identification card, or permit;
12        10. Has possessed, displayed, or attempted to
13    fraudulently use any license, identification card, or
14    permit not issued to the person;
15        11. Has operated a motor vehicle upon a highway of this
16    State when the person's driving privilege or privilege to
17    obtain a driver's license or permit was revoked or
18    suspended unless the operation was authorized by a
19    monitoring device driving permit, judicial driving permit
20    issued prior to January 1, 2009, probationary license to
21    drive, or a restricted driving permit issued under this
22    Code;
23        12. Has submitted to any portion of the application
24    process for another person or has obtained the services of
25    another person to submit to any portion of the application
26    process for the purpose of obtaining a license,

 

 

HB5340- 38 -LRB100 19517 LNS 34784 b

1    identification card, or permit for some other person;
2        13. Has operated a motor vehicle upon a highway of this
3    State when the person's driver's license or permit was
4    invalid under the provisions of Sections 6-107.1 and 6-110;
5        14. Has committed a violation of Section 6-301,
6    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
7    14B of the Illinois Identification Card Act;
8        15. Has been convicted of violating Section 21-2 of the
9    Criminal Code of 1961 or the Criminal Code of 2012 relating
10    to criminal trespass to vehicles if the violation involves
11    operating the vehicle, in which case, the suspension shall
12    be for one year;
13        16. Has been convicted of violating Section 11-204 of
14    this Code relating to fleeing from a peace officer;
15        17. Has refused to submit to a test, or tests, as
16    required under Section 11-501.1 of this Code and the person
17    has not sought a hearing as provided for in Section
18    11-501.1;
19        18. (Blank); Has, since issuance of a driver's license
20    or permit, been adjudged to be afflicted with or suffering
21    from any mental disability or disease;
22        19. Has committed a violation of paragraph (a) or (b)
23    of Section 6-101 relating to driving without a driver's
24    license;
25        20. Has been convicted of violating Section 6-104
26    relating to classification of driver's license;

 

 

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1        21. Has been convicted of violating Section 11-402 of
2    this Code relating to leaving the scene of an accident
3    resulting in damage to a vehicle in excess of $1,000, in
4    which case the suspension shall be for one year;
5        22. Has used a motor vehicle in violating paragraph
6    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
7    the Criminal Code of 1961 or the Criminal Code of 2012
8    relating to unlawful use of weapons, in which case the
9    suspension shall be for one year;
10        23. Has, as a driver, been convicted of committing a
11    violation of paragraph (a) of Section 11-502 of this Code
12    for a second or subsequent time within one year of a
13    similar violation;
14        24. Has been convicted by a court-martial or punished
15    by non-judicial punishment by military authorities of the
16    United States at a military installation in Illinois or in
17    another state of or for a traffic related offense that is
18    the same as or similar to an offense specified under
19    Section 6-205 or 6-206 of this Code;
20        25. Has permitted any form of identification to be used
21    by another in the application process in order to obtain or
22    attempt to obtain a license, identification card, or
23    permit;
24        26. Has altered or attempted to alter a license or has
25    possessed an altered license, identification card, or
26    permit;

 

 

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1        27. (Blank); Has violated Section 6-16 of the Liquor
2    Control Act of 1934;
3        28. Has been convicted for a first time of the illegal
4    possession, while operating or in actual physical control,
5    as a driver, of a motor vehicle, of any controlled
6    substance prohibited under the Illinois Controlled
7    Substances Act, any cannabis prohibited under the Cannabis
8    Control Act, or any methamphetamine prohibited under the
9    Methamphetamine Control and Community Protection Act, in
10    which case the person's driving privileges shall be
11    suspended for one year. Any defendant found guilty of this
12    offense while operating a motor vehicle, shall have an
13    entry made in the court record by the presiding judge that
14    this offense did occur while the defendant was operating a
15    motor vehicle and order the clerk of the court to report
16    the violation to the Secretary of State;
17        29. Has been convicted of the following offenses that
18    were committed while the person was operating or in actual
19    physical control, as a driver, of a motor vehicle: criminal
20    sexual assault, predatory criminal sexual assault of a
21    child, aggravated criminal sexual assault, criminal sexual
22    abuse, aggravated criminal sexual abuse, juvenile pimping,
23    soliciting for a juvenile prostitute, promoting juvenile
24    prostitution as described in subdivision (a)(1), (a)(2),
25    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
26    or the Criminal Code of 2012, and the manufacture, sale or

 

 

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1    delivery of controlled substances or instruments used for
2    illegal drug use or abuse in which case the driver's
3    driving privileges shall be suspended for one year;
4        30. Has been convicted a second or subsequent time for
5    any combination of the offenses named in paragraph 29 of
6    this subsection, in which case the person's driving
7    privileges shall be suspended for 5 years;
8        31. Has refused to submit to a test as required by
9    Section 11-501.6 of this Code or Section 5-16c of the Boat
10    Registration and Safety Act or has submitted to a test
11    resulting in an alcohol concentration of 0.08 or more or
12    any amount of a drug, substance, or compound resulting from
13    the unlawful use or consumption of cannabis as listed in
14    the Cannabis Control Act, a controlled substance as listed
15    in the Illinois Controlled Substances Act, an intoxicating
16    compound as listed in the Use of Intoxicating Compounds
17    Act, or methamphetamine as listed in the Methamphetamine
18    Control and Community Protection Act, in which case the
19    penalty shall be as prescribed in Section 6-208.1;
20        32. Has been convicted of Section 24-1.2 of the
21    Criminal Code of 1961 or the Criminal Code of 2012 relating
22    to the aggravated discharge of a firearm if the offender
23    was located in a motor vehicle at the time the firearm was
24    discharged, in which case the suspension shall be for 3
25    years;
26        33. Has as a driver, who was less than 21 years of age

 

 

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1    on the date of the offense, been convicted a first time of
2    a violation of paragraph (a) of Section 11-502 of this Code
3    or a similar provision of a local ordinance;
4        34. Has committed a violation of Section 11-1301.5 of
5    this Code or a similar provision of a local ordinance;
6        35. Has committed a violation of Section 11-1301.6 of
7    this Code or a similar provision of a local ordinance;
8        36. Is under the age of 21 years at the time of arrest
9    and has been convicted of not less than 2 offenses against
10    traffic regulations governing the movement of vehicles
11    committed within any 24 month period. No revocation or
12    suspension shall be entered more than 6 months after the
13    date of last conviction;
14        37. Has committed a violation of subsection (c) of
15    Section 11-907 of this Code that resulted in damage to the
16    property of another or the death or injury of another;
17        38. (Blank); Has been convicted of a violation of
18    Section 6-20 of the Liquor Control Act of 1934 or a similar
19    provision of a local ordinance;
20        39. Has committed a second or subsequent violation of
21    Section 11-1201 of this Code;
22        40. Has committed a violation of subsection (a-1) of
23    Section 11-908 of this Code;
24        41. Has committed a second or subsequent violation of
25    Section 11-605.1 of this Code, a similar provision of a
26    local ordinance, or a similar violation in any other state

 

 

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1    within 2 years of the date of the previous violation, in
2    which case the suspension shall be for 90 days;
3        42. Has committed a violation of subsection (a-1) of
4    Section 11-1301.3 of this Code or a similar provision of a
5    local ordinance;
6        43. (Blank); Has received a disposition of court
7    supervision for a violation of subsection (a), (d), or (e)
8    of Section 6-20 of the Liquor Control Act of 1934 or a
9    similar provision of a local ordinance, in which case the
10    suspension shall be for a period of 3 months;
11        44. Is under the age of 21 years at the time of arrest
12    and has been convicted of an offense against traffic
13    regulations governing the movement of vehicles after
14    having previously had his or her driving privileges
15    suspended or revoked pursuant to subparagraph 36 of this
16    Section;
17        45. Has, in connection with or during the course of a
18    formal hearing conducted under Section 2-118 of this Code:
19    (i) committed perjury; (ii) submitted fraudulent or
20    falsified documents; (iii) submitted documents that have
21    been materially altered; or (iv) submitted, as his or her
22    own, documents that were in fact prepared or composed for
23    another person;
24        46. (Blank); Has committed a violation of subsection
25    (j) of Section 3-413 of this Code;
26        47. Has committed a violation of subsection (a) of

 

 

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1    Section 11-502.1 of this Code; or
2        48. Has submitted a falsified or altered medical
3    examiner's certificate to the Secretary of State or
4    provided false information to obtain a medical examiner's
5    certificate.
6    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
7and 27 of this subsection, license means any driver's license,
8any traffic ticket issued when the person's driver's license is
9deposited in lieu of bail, a suspension notice issued by the
10Secretary of State, a duplicate or corrected driver's license,
11a probationary driver's license or a temporary driver's
12license.
13    (b) If any conviction forming the basis of a suspension or
14revocation authorized under this Section is appealed, the
15Secretary of State may rescind or withhold the entry of the
16order of suspension or revocation, as the case may be, provided
17that a certified copy of a stay order of a court is filed with
18the Secretary of State. If the conviction is affirmed on
19appeal, the date of the conviction shall relate back to the
20time the original judgment of conviction was entered and the 6
21month limitation prescribed shall not apply.
22    (c) 1. Upon suspending or revoking the driver's license or
23permit of any person as authorized in this Section, the
24Secretary of State shall immediately notify the person in
25writing of the revocation or suspension. The notice to be
26deposited in the United States mail, postage prepaid, to the

 

 

HB5340- 45 -LRB100 19517 LNS 34784 b

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

 

 

HB5340- 46 -LRB100 19517 LNS 34784 b

1suspension period.
2    The provisions of this subparagraph shall not apply to any
3driver required to possess a CDL for the purpose of operating a
4commercial motor vehicle.
5    Any person who falsely states any fact in the affidavit
6required herein shall be guilty of perjury under Section 6-302
7and upon conviction thereof shall have all driving privileges
8revoked without further rights.
9    3. At the conclusion of a hearing under Section 2-118 of
10this Code, the Secretary of State shall either rescind or
11continue an order of revocation or shall substitute an order of
12suspension; or, good cause appearing therefor, rescind,
13continue, change, or extend the order of suspension. If the
14Secretary of State does not rescind the order, the Secretary
15may upon application, to relieve undue hardship (as defined by
16the rules of the Secretary of State), issue a restricted
17driving permit granting the privilege of driving a motor
18vehicle between the petitioner's residence and petitioner's
19place of employment or within the scope of the petitioner's
20employment related duties, or to allow the petitioner to
21transport himself or herself, or a family member of the
22petitioner's household to a medical facility, to receive
23necessary medical care, to allow the petitioner to transport
24himself or herself to and from alcohol or drug remedial or
25rehabilitative activity recommended by a licensed service
26provider, or to allow the petitioner to transport himself or

 

 

HB5340- 47 -LRB100 19517 LNS 34784 b

1herself or a family member of the petitioner's household to
2classes, as a student, at an accredited educational
3institution, or to allow the petitioner to transport children,
4elderly persons, or persons with disabilities who do not hold
5driving privileges and are living in the petitioner's household
6to and from daycare. The petitioner must demonstrate that no
7alternative means of transportation is reasonably available
8and that the petitioner will not endanger the public safety or
9welfare.
10        (A) If a person's license or permit is revoked or
11    suspended due to 2 or more convictions of violating Section
12    11-501 of this Code or a similar provision of a local
13    ordinance or a similar out-of-state offense, or Section 9-3
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    where the use of alcohol or other drugs is recited as an
16    element of the offense, or a similar out-of-state offense,
17    or a combination of these offenses, arising out of separate
18    occurrences, that person, if issued a restricted driving
19    permit, may not operate a vehicle unless it has been
20    equipped with an ignition interlock device as defined in
21    Section 1-129.1.
22        (B) If a person's license or permit is revoked or
23    suspended 2 or more times due to any combination of:
24            (i) a single conviction of violating Section
25        11-501 of this Code or a similar provision of a local
26        ordinance or a similar out-of-state offense or Section

 

 

HB5340- 48 -LRB100 19517 LNS 34784 b

1        9-3 of the Criminal Code of 1961 or the Criminal Code
2        of 2012, where the use of alcohol or other drugs is
3        recited as an element of the offense, or a similar
4        out-of-state offense; or
5            (ii) a statutory summary suspension or revocation
6        under Section 11-501.1; or
7            (iii) a suspension under Section 6-203.1;
8    arising out of separate occurrences; that person, if issued
9    a restricted driving permit, may not operate a vehicle
10    unless it has been equipped with an ignition interlock
11    device as defined in Section 1-129.1.
12        (B-5) If a person's license or permit is revoked or
13    suspended due to a conviction for a violation of
14    subparagraph (C) or (F) of paragraph (1) of subsection (d)
15    of Section 11-501 of this Code, or a similar provision of a
16    local ordinance or similar out-of-state offense, that
17    person, if issued a restricted driving permit, may not
18    operate a vehicle unless it has been equipped with an
19    ignition interlock device as defined in Section 1-129.1.
20        (C) The person issued a permit conditioned upon the use
21    of an ignition interlock device must pay to the Secretary
22    of State DUI Administration Fund an amount not to exceed
23    $30 per month. The Secretary shall establish by rule the
24    amount and the procedures, terms, and conditions relating
25    to these fees.
26        (D) If the restricted driving permit is issued for

 

 

HB5340- 49 -LRB100 19517 LNS 34784 b

1    employment purposes, then the prohibition against
2    operating a motor vehicle that is not equipped with an
3    ignition interlock device does not apply to the operation
4    of an occupational vehicle owned or leased by that person's
5    employer when used solely for employment purposes. For any
6    person who, within a 5-year period, is convicted of a
7    second or subsequent offense under Section 11-501 of this
8    Code, or a similar provision of a local ordinance or
9    similar out-of-state offense, this employment exemption
10    does not apply until either a one-year period has elapsed
11    during which that person had his or her driving privileges
12    revoked or a one-year period has elapsed during which that
13    person had a restricted driving permit which required the
14    use of an ignition interlock device on every motor vehicle
15    owned or operated by that person.
16        (E) In each case the Secretary may issue a restricted
17    driving permit for a period deemed appropriate, except that
18    all permits shall expire within one year from the date of
19    issuance. A restricted driving permit issued under this
20    Section shall be subject to cancellation, revocation, and
21    suspension by the Secretary of State in like manner and for
22    like cause as a driver's license issued under this Code may
23    be cancelled, revoked, or suspended; except that a
24    conviction upon one or more offenses against laws or
25    ordinances regulating the movement of traffic shall be
26    deemed sufficient cause for the revocation, suspension, or

 

 

HB5340- 50 -LRB100 19517 LNS 34784 b

1    cancellation of a restricted driving permit. The Secretary
2    of State may, as a condition to the issuance of a
3    restricted driving permit, require the applicant to
4    participate in a designated driver remedial or
5    rehabilitative program. The Secretary of State is
6    authorized to cancel a restricted driving permit if the
7    permit holder does not successfully complete the program.
8        (F) A person subject to the provisions of paragraph 4
9    of subsection (b) of Section 6-208 of this Code may make
10    application for a restricted driving permit at a hearing
11    conducted under Section 2-118 of this Code after the
12    expiration of 5 years from the effective date of the most
13    recent revocation or after 5 years from the date of release
14    from a period of imprisonment resulting from a conviction
15    of the most recent offense, whichever is later, provided
16    the person, in addition to all other requirements of the
17    Secretary, shows by clear and convincing evidence:
18            (i) a minimum of 3 years of uninterrupted
19        abstinence from alcohol and the unlawful use or
20        consumption of cannabis under the Cannabis Control
21        Act, a controlled substance under the Illinois
22        Controlled Substances Act, an intoxicating compound
23        under the Use of Intoxicating Compounds Act, or
24        methamphetamine under the Methamphetamine Control and
25        Community Protection Act; and
26            (ii) the successful completion of any

 

 

HB5340- 51 -LRB100 19517 LNS 34784 b

1        rehabilitative treatment and involvement in any
2        ongoing rehabilitative activity that may be
3        recommended by a properly licensed service provider
4        according to an assessment of the person's alcohol or
5        drug use under Section 11-501.01 of this Code.
6        In determining whether an applicant is eligible for a
7    restricted driving permit under this subparagraph (F), the
8    Secretary may consider any relevant evidence, including,
9    but not limited to, testimony, affidavits, records, and the
10    results of regular alcohol or drug tests. Persons subject
11    to the provisions of paragraph 4 of subsection (b) of
12    Section 6-208 of this Code and who have been convicted of
13    more than one violation of paragraph (3), paragraph (4), or
14    paragraph (5) of subsection (a) of Section 11-501 of this
15    Code shall not be eligible to apply for a restricted
16    driving permit under this subparagraph (F).
17        A restricted driving permit issued under this
18    subparagraph (F) shall provide that the holder may only
19    operate motor vehicles equipped with an ignition interlock
20    device as required under paragraph (2) of subsection (c) of
21    Section 6-205 of this Code and subparagraph (A) of
22    paragraph 3 of subsection (c) of this Section. The
23    Secretary may revoke a restricted driving permit or amend
24    the conditions of a restricted driving permit issued under
25    this subparagraph (F) if the holder operates a vehicle that
26    is not equipped with an ignition interlock device, or for

 

 

HB5340- 52 -LRB100 19517 LNS 34784 b

1    any other reason authorized under this Code.
2        A restricted driving permit issued under this
3    subparagraph (F) shall be revoked, and the holder barred
4    from applying for or being issued a restricted driving
5    permit in the future, if the holder is convicted of a
6    violation of Section 11-501 of this Code, a similar
7    provision of a local ordinance, or a similar offense in
8    another state.
9    (c-3) In the case of a suspension under paragraph 43 of
10subsection (a), reports received by the Secretary of State
11under this Section shall, except during the actual time the
12suspension is in effect, be privileged information and for use
13only by the courts, police officers, prosecuting authorities,
14the driver licensing administrator of any other state, the
15Secretary of State, or the parent or legal guardian of a driver
16under the age of 18. However, beginning January 1, 2008, if the
17person is a CDL holder, the suspension shall also be made
18available to the driver licensing administrator of any other
19state, the U.S. Department of Transportation, and the affected
20driver or motor carrier or prospective motor carrier upon
21request.
22    (c-4) In the case of a suspension under paragraph 43 of
23subsection (a), the Secretary of State shall notify the person
24by mail that his or her driving privileges and driver's license
25will be suspended one month after the date of the mailing of
26the notice.

 

 

HB5340- 53 -LRB100 19517 LNS 34784 b

1    (c-5) The Secretary of State may, as a condition of the
2reissuance of a driver's license or permit to an applicant
3whose driver's license or permit has been suspended before he
4or she reached the age of 21 years pursuant to any of the
5provisions of this Section, require the applicant to
6participate in a driver remedial education course and be
7retested under Section 6-109 of this Code.
8    (d) This Section is subject to the provisions of the
9Drivers License Compact.
10    (e) The Secretary of State shall not issue a restricted
11driving permit to a person under the age of 16 years whose
12driving privileges have been suspended or revoked under any
13provisions of this Code.
14    (f) In accordance with 49 C.F.R. 384, the Secretary of
15State may not issue a restricted driving permit for the
16operation of a commercial motor vehicle to a person holding a
17CDL whose driving privileges have been suspended, revoked,
18cancelled, or disqualified under any provisions of this Code.
19(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
20eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
2199-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
2299-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
23    (625 ILCS 5/6-209.1 new)
24    Sec. 6-209.1. Restoration of driving privileges;
25suspension; cancellation. The Secretary shall rescind the

 

 

HB5340- 54 -LRB100 19517 LNS 34784 b

1suspension or cancellation of a person's driver's license that
2has been suspended or cancelled prior to the effective date of
3this amendatory Act of the 100th General Assembly due to:
4    (1) a conviction of theft of motor fuel under Section 16-25
5or 16K-15 of the Criminal Code of 1961 or the Criminal Code of
62012;
7    (2) the person, since the issuance of the driver's license,
8being adjudged to be afflicted with or suffering from any
9mental disability or disease;
10    (3) a violation of Section 6-16 or 6-20 of the Liquor
11Control Act of 1934 or a similar provision of a local
12ordinance;
13    (4) the person receiving a disposition of court supervision
14for a violation of subsection (a), (b), or (c) of Section 6-20
15of the Liquor Control Act of 1934 or a similar provision of a
16local ordinance;
17    (5) a violation of subsection (j) of Section 3-413 of this
18Code;
19    (6) the person failing to pay any fine or penalty due or
20owing as a result of 10 or more violations of a municipality's
21or county's vehicular standing, parking, or compliance
22regulations established by ordinance under Section 11-208.3 of
23this Code;
24    (7) the person failing to satisfy any fine or penalty
25resulting from a final order issued by the Authority relating
26directly or indirectly to 5 or more toll violations, toll

 

 

HB5340- 55 -LRB100 19517 LNS 34784 b

1evasions, or both; or
2    (8) a conviction of a sex offense as defined in the Sex
3Offender Registration Act.
 
4    (625 ILCS 5/6-213 new)
5    Sec. 6-213. Rescinding suspension. A person whose driver's
6license was suspended under Section 6-205.2 of this Code,
7paragraphs (18), (27), (38), (43) or (46) of subsection (a) of
8Section 6-206 of this Code, Section 6-306.5 of this Code
9relating to 10 or more unpaid vehicular standing, parking, or
10compliance regulations, or Section 6-306.7 of this Code before
11the effective date of this amendatory Act of the 100th General
12Assembly and remains suspended shall have his or her driver's
13license suspension rescinded.
 
14    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
15    Sec. 6-306.5. Failure to pay fine or penalty for standing,
16parking, compliance, automated speed enforcement system, or
17automated traffic law violations; suspension of driving
18privileges.
19    (a) Upon receipt of a certified report, as prescribed by
20subsection (c) of this Section, from any municipality or county
21stating that the owner of a registered vehicle: (1) has failed
22to pay any fine or penalty due and owing as a result of 10 or
23more violations of a municipality's or county's vehicular
24standing, parking, or compliance regulations established by

 

 

HB5340- 56 -LRB100 19517 LNS 34784 b

1ordinance pursuant to Section 11-208.3 of this Code, (2) has
2failed to pay any fine or penalty due and owing as a result of 5
3offenses for automated speed enforcement system violations or
4automated traffic violations as defined in Sections 11-208.6,
511-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
6(3) is more than 14 days in default of a payment plan pursuant
7to which a suspension had been terminated under subsection (c)
8of this Section, the Secretary of State shall suspend the
9driving privileges of such person in accordance with the
10procedures set forth in this Section. The Secretary shall also
11suspend the driving privileges of an owner of a registered
12vehicle upon receipt of a certified report, as prescribed by
13subsection (f) of this Section, from any municipality or county
14stating that such person has failed to satisfy any fines or
15penalties imposed by final judgments for 5 or more automated
16speed enforcement system or automated traffic law violations,
17or combination thereof, or 10 or more violations of local
18standing, parking, or compliance regulations after exhaustion
19of judicial review procedures.
20    (b) Following receipt of the certified report of the
21municipality or county as specified in this Section, the
22Secretary of State shall notify the person whose name appears
23on the certified report that the person's drivers license will
24be suspended at the end of a specified period of time unless
25the Secretary of State is presented with a notice from the
26municipality or county certifying that the fine or penalty due

 

 

HB5340- 57 -LRB100 19517 LNS 34784 b

1and owing the municipality or county has been paid or that
2inclusion of that person's name on the certified report was in
3error. The Secretary's notice shall state in substance the
4information contained in the municipality's or county's
5certified report to the Secretary, and shall be effective as
6specified by subsection (c) of Section 6-211 of this Code.
7    (c) The report of the appropriate municipal or county
8official notifying the Secretary of State of unpaid fines or
9penalties pursuant to this Section shall be certified and shall
10contain the following:
11        (1) The name, last known address as recorded with the
12    Secretary of State, as provided by the lessor of the cited
13    vehicle at the time of lease, or as recorded in a United
14    States Post Office approved database if any notice sent
15    under Section 11-208.3 of this Code is returned as
16    undeliverable, and drivers license number of the person who
17    failed to pay the fine or penalty or who has defaulted in a
18    payment plan and the registration number of any vehicle
19    known to be registered to such person in this State.
20        (2) The name of the municipality or county making the
21    report pursuant to this Section.
22        (3) A statement that the municipality or county sent a
23    notice of impending drivers license suspension as
24    prescribed by ordinance enacted pursuant to Section
25    11-208.3 of this Code or a notice of default in a payment
26    plan, to the person named in the report at the address

 

 

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1    recorded with the Secretary of State or at the last address
2    known to the lessor of the cited vehicle at the time of
3    lease or, if any notice sent under Section 11-208.3 of this
4    Code is returned as undeliverable, at the last known
5    address recorded in a United States Post Office approved
6    database; the date on which such notice was sent; and the
7    address to which such notice was sent. In a municipality or
8    county with a population of 1,000,000 or more, the report
9    shall also include a statement that the alleged violator's
10    State vehicle registration number and vehicle make, if
11    specified on the automated speed enforcement system
12    violation or automated traffic law violation notice, are
13    correct as they appear on the citations.
14        (4) A unique identifying reference number for each
15    request of suspension sent whenever a person has failed to
16    pay the fine or penalty or has defaulted on a payment plan.
17    (d) Any municipality or county making a certified report to
18the Secretary of State pursuant to this Section shall notify
19the Secretary of State, in a form prescribed by the Secretary,
20whenever a person named in the certified report has paid the
21previously reported fine or penalty, whenever a person named in
22the certified report has entered into a payment plan pursuant
23to which the municipality or county has agreed to terminate the
24suspension, or whenever the municipality or county determines
25that the original report was in error. A certified copy of such
26notification shall also be given upon request and at no

 

 

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1additional charge to the person named therein. Upon receipt of
2the municipality's or county's notification or presentation of
3a certified copy of such notification, the Secretary of State
4shall terminate the suspension.
5    (e) Any municipality or county making a certified report to
6the Secretary of State pursuant to this Section shall also by
7ordinance establish procedures for persons to challenge the
8accuracy of the certified report. The ordinance shall also
9state the grounds for such a challenge, which may be limited to
10(1) the person not having been the owner or lessee of the
11vehicle or vehicles receiving 10 or more standing, parking, or
12compliance violation notices or a combination of 5 or more
13automated speed enforcement system or automated traffic law
14violations on the date or dates such notices were issued; and
15(2) the person having already paid the fine or penalty for the
1610 or more standing, parking, or compliance violations or
17combination of 5 or more automated speed enforcement system or
18automated traffic law violations indicated on the certified
19report.
20    (f) Any municipality or county, other than a municipality
21or county establishing vehicular standing, parking, and
22compliance regulations pursuant to Section 11-208.3, automated
23speed enforcement system regulations under Section 11-208.8,
24or automated traffic law regulations under Section 11-208.6,
2511-208.9, or 11-1201.1, may also cause a suspension of a
26person's drivers license pursuant to this Section. Such

 

 

HB5340- 60 -LRB100 19517 LNS 34784 b

1municipality or county may invoke this sanction by making a
2certified report to the Secretary of State upon a person's
3failure to satisfy any fine or penalty imposed by final
4judgment for 10 or more violations of local standing, parking,
5or compliance regulations or a combination of 5 or more
6automated speed enforcement system or automated traffic law
7violations after exhaustion of judicial review procedures, but
8only if:
9        (1) the municipality or county complies with the
10    provisions of this Section in all respects except in regard
11    to enacting an ordinance pursuant to Section 11-208.3;
12        (2) the municipality or county has sent a notice of
13    impending drivers license suspension as prescribed by an
14    ordinance enacted pursuant to subsection (g) of this
15    Section; and
16        (3) in municipalities or counties with a population of
17    1,000,000 or more, the municipality or county has verified
18    that the alleged violator's State vehicle registration
19    number and vehicle make are correct as they appear on the
20    citations.
21    (g) Any municipality or county, other than a municipality
22or county establishing standing, parking, and compliance
23regulations pursuant to Section 11-208.3, automated speed
24enforcement system regulations under Section 11-208.8, or
25automated traffic law regulations under Section 11-208.6,
2611-208.9, or 11-1201.1, may provide by ordinance for the

 

 

HB5340- 61 -LRB100 19517 LNS 34784 b

1sending of a notice of impending drivers license suspension to
2the person who has failed to satisfy any fine or penalty
3imposed by final judgment for 10 or more violations of local
4standing, parking, or compliance regulations or a combination
5of 5 or more automated speed enforcement system or automated
6traffic law violations after exhaustion of judicial review
7procedures. An ordinance so providing shall specify that the
8notice sent to the person liable for any fine or penalty shall
9state that failure to pay the fine or penalty owing within 45
10days of the notice's date will result in the municipality or
11county notifying the Secretary of State that the person's
12drivers license is eligible for suspension pursuant to this
13Section. The notice of impending drivers license suspension
14shall be sent by first class United States mail, postage
15prepaid, to the address recorded with the Secretary of State or
16at the last address known to the lessor of the cited vehicle at
17the time of lease or, if any notice sent under Section 11-208.3
18of this Code is returned as undeliverable, to the last known
19address recorded in a United States Post Office approved
20database.
21    (h) An administrative hearing to contest an impending
22suspension or a suspension made pursuant to this Section may be
23had upon filing a written request with the Secretary of State.
24The filing fee for this hearing shall be $20, to be paid at the
25time the request is made. A municipality or county which files
26a certified report with the Secretary of State pursuant to this

 

 

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1Section shall reimburse the Secretary for all reasonable costs
2incurred by the Secretary as a result of the filing of the
3report, including but not limited to the costs of providing the
4notice required pursuant to subsection (b) and the costs
5incurred by the Secretary in any hearing conducted with respect
6to the report pursuant to this subsection and any appeal from
7such a hearing.
8    (i) The provisions of this Section shall apply on and after
9January 1, 1988.
10    (j) For purposes of this Section, the term "compliance
11violation" is defined as in Section 11-208.3.
12(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
1398-556, eff. 1-1-14.)
 
14    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
15    Sec. 11-208.3. Administrative adjudication of violations
16of traffic regulations concerning the standing, parking, or
17condition of vehicles, automated traffic law violations, and
18automated speed enforcement system violations.
19    (a) Any municipality or county may provide by ordinance for
20a system of administrative adjudication of vehicular standing
21and parking violations and vehicle compliance violations as
22described in this subsection, automated traffic law violations
23as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
24automated speed enforcement system violations as defined in
25Section 11-208.8. The administrative system shall have as its

 

 

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1purpose the fair and efficient enforcement of municipal or
2county regulations through the administrative adjudication of
3automated speed enforcement system or automated traffic law
4violations and violations of municipal or county ordinances
5regulating the standing and parking of vehicles, the condition
6and use of vehicle equipment, and the display of municipal or
7county wheel tax licenses within the municipality's or county's
8borders. The administrative system shall only have authority to
9adjudicate civil offenses carrying fines not in excess of $500
10or requiring the completion of a traffic education program, or
11both, that occur after the effective date of the ordinance
12adopting such a system under this Section. For purposes of this
13Section, "compliance violation" means a violation of a
14municipal or county regulation governing the condition or use
15of equipment on a vehicle or governing the display of a
16municipal or county wheel tax license.
17    (b) Any ordinance establishing a system of administrative
18adjudication under this Section shall provide for:
19        (1) A traffic compliance administrator authorized to
20    adopt, distribute and process parking, compliance, and
21    automated speed enforcement system or automated traffic
22    law violation notices and other notices required by this
23    Section, collect money paid as fines and penalties for
24    violation of parking and compliance ordinances and
25    automated speed enforcement system or automated traffic
26    law violations, and operate an administrative adjudication

 

 

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1    system. The traffic compliance administrator also may make
2    a certified report to the Secretary of State under Section
3    6-306.5.
4        (2) A parking, standing, compliance, automated speed
5    enforcement system, or automated traffic law violation
6    notice that shall specify the date, time, and place of
7    violation of a parking, standing, compliance, automated
8    speed enforcement system, or automated traffic law
9    regulation; the particular regulation violated; any
10    requirement to complete a traffic education program; the
11    fine and any penalty that may be assessed for late payment
12    or failure to complete a required traffic education
13    program, or both, when so provided by ordinance; the
14    vehicle make and state registration number; and the
15    identification number of the person issuing the notice.
16    With regard to automated speed enforcement system or
17    automated traffic law violations, vehicle make shall be
18    specified on the automated speed enforcement system or
19    automated traffic law violation notice if the make is
20    available and readily discernible. With regard to
21    municipalities or counties with a population of 1 million
22    or more, it shall be grounds for dismissal of a parking
23    violation if the state registration number or vehicle make
24    specified is incorrect. The violation notice shall state
25    that the completion of any required traffic education
26    program, the payment of any indicated fine, and the payment

 

 

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1    of any applicable penalty for late payment or failure to
2    complete a required traffic education program, or both,
3    shall operate as a final disposition of the violation. The
4    notice also shall contain information as to the
5    availability of a hearing in which the violation may be
6    contested on its merits. The violation notice shall specify
7    the time and manner in which a hearing may be had.
8        (3) Service of the parking, standing, or compliance
9    violation notice by affixing the original or a facsimile of
10    the notice to an unlawfully parked vehicle or by handing
11    the notice to the operator of a vehicle if he or she is
12    present and service of an automated speed enforcement
13    system or automated traffic law violation notice by mail to
14    the address of the registered owner or lessee of the cited
15    vehicle as recorded with the Secretary of State or the
16    lessor of the motor vehicle within 30 days after the
17    Secretary of State or the lessor of the motor vehicle
18    notifies the municipality or county of the identity of the
19    owner or lessee of the vehicle, but not later than 90 days
20    after the violation, except that in the case of a lessee of
21    a motor vehicle, service of an automated traffic law
22    violation notice may occur no later than 210 days after the
23    violation. A person authorized by ordinance to issue and
24    serve parking, standing, and compliance violation notices
25    shall certify as to the correctness of the facts entered on
26    the violation notice by signing his or her name to the

 

 

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1    notice at the time of service or in the case of a notice
2    produced by a computerized device, by signing a single
3    certificate to be kept by the traffic compliance
4    administrator attesting to the correctness of all notices
5    produced by the device while it was under his or her
6    control. In the case of an automated traffic law violation,
7    the ordinance shall require a determination by a technician
8    employed or contracted by the municipality or county that,
9    based on inspection of recorded images, the motor vehicle
10    was being operated in violation of Section 11-208.6,
11    11-208.9, or 11-1201.1 or a local ordinance. If the
12    technician determines that the vehicle entered the
13    intersection as part of a funeral procession or in order to
14    yield the right-of-way to an emergency vehicle, a citation
15    shall not be issued. In municipalities with a population of
16    less than 1,000,000 inhabitants and counties with a
17    population of less than 3,000,000 inhabitants, the
18    automated traffic law ordinance shall require that all
19    determinations by a technician that a motor vehicle was
20    being operated in violation of Section 11-208.6, 11-208.9,
21    or 11-1201.1 or a local ordinance must be reviewed and
22    approved by a law enforcement officer or retired law
23    enforcement officer of the municipality or county issuing
24    the violation. In municipalities with a population of
25    1,000,000 or more inhabitants and counties with a
26    population of 3,000,000 or more inhabitants, the automated

 

 

HB5340- 67 -LRB100 19517 LNS 34784 b

1    traffic law ordinance shall require that all
2    determinations by a technician that a motor vehicle was
3    being operated in violation of Section 11-208.6, 11-208.9,
4    or 11-1201.1 or a local ordinance must be reviewed and
5    approved by a law enforcement officer or retired law
6    enforcement officer of the municipality or county issuing
7    the violation or by an additional fully-trained reviewing
8    technician who is not employed by the contractor who
9    employs the technician who made the initial determination.
10    In the case of an automated speed enforcement system
11    violation, the ordinance shall require a determination by a
12    technician employed by the municipality, based upon an
13    inspection of recorded images, video or other
14    documentation, including documentation of the speed limit
15    and automated speed enforcement signage, and documentation
16    of the inspection, calibration, and certification of the
17    speed equipment, that the vehicle was being operated in
18    violation of Article VI of Chapter 11 of this Code or a
19    similar local ordinance. If the technician determines that
20    the vehicle speed was not determined by a calibrated,
21    certified speed equipment device based upon the speed
22    equipment documentation, or if the vehicle was an emergency
23    vehicle, a citation may not be issued. The automated speed
24    enforcement ordinance shall require that all
25    determinations by a technician that a violation occurred be
26    reviewed and approved by a law enforcement officer or

 

 

HB5340- 68 -LRB100 19517 LNS 34784 b

1    retired law enforcement officer of the municipality
2    issuing the violation or by an additional fully trained
3    reviewing technician who is not employed by the contractor
4    who employs the technician who made the initial
5    determination. Routine and independent calibration of the
6    speeds produced by automated speed enforcement systems and
7    equipment shall be conducted annually by a qualified
8    technician. Speeds produced by an automated speed
9    enforcement system shall be compared with speeds produced
10    by lidar or other independent equipment. Radar or lidar
11    equipment shall undergo an internal validation test no less
12    frequently than once each week. Qualified technicians
13    shall test loop based equipment no less frequently than
14    once a year. Radar equipment shall be checked for accuracy
15    by a qualified technician when the unit is serviced, when
16    unusual or suspect readings persist, or when deemed
17    necessary by a reviewing technician. Radar equipment shall
18    be checked with the internal frequency generator and the
19    internal circuit test whenever the radar is turned on.
20    Technicians must be alert for any unusual or suspect
21    readings, and if unusual or suspect readings of a radar
22    unit persist, that unit shall immediately be removed from
23    service and not returned to service until it has been
24    checked by a qualified technician and determined to be
25    functioning properly. Documentation of the annual
26    calibration results, including the equipment tested, test

 

 

HB5340- 69 -LRB100 19517 LNS 34784 b

1    date, technician performing the test, and test results,
2    shall be maintained and available for use in the
3    determination of an automated speed enforcement system
4    violation and issuance of a citation. The technician
5    performing the calibration and testing of the automated
6    speed enforcement equipment shall be trained and certified
7    in the use of equipment for speed enforcement purposes.
8    Training on the speed enforcement equipment may be
9    conducted by law enforcement, civilian, or manufacturer's
10    personnel and if applicable may be equivalent to the
11    equipment use and operations training included in the Speed
12    Measuring Device Operator Program developed by the
13    National Highway Traffic Safety Administration (NHTSA).
14    The vendor or technician who performs the work shall keep
15    accurate records on each piece of equipment the technician
16    calibrates and tests. As used in this paragraph,
17    "fully-trained reviewing technician" means a person who
18    has received at least 40 hours of supervised training in
19    subjects which shall include image inspection and
20    interpretation, the elements necessary to prove a
21    violation, license plate identification, and traffic
22    safety and management. In all municipalities and counties,
23    the automated speed enforcement system or automated
24    traffic law ordinance shall require that no additional fee
25    shall be charged to the alleged violator for exercising his
26    or her right to an administrative hearing, and persons

 

 

HB5340- 70 -LRB100 19517 LNS 34784 b

1    shall be given at least 25 days following an administrative
2    hearing to pay any civil penalty imposed by a finding that
3    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
4    similar local ordinance has been violated. The original or
5    a facsimile of the violation notice or, in the case of a
6    notice produced by a computerized device, a printed record
7    generated by the device showing the facts entered on the
8    notice, shall be retained by the traffic compliance
9    administrator, and shall be a record kept in the ordinary
10    course of business. A parking, standing, compliance,
11    automated speed enforcement system, or automated traffic
12    law violation notice issued, signed and served in
13    accordance with this Section, a copy of the notice, or the
14    computer generated record shall be prima facie correct and
15    shall be prima facie evidence of the correctness of the
16    facts shown on the notice. The notice, copy, or computer
17    generated record shall be admissible in any subsequent
18    administrative or legal proceedings.
19        (4) An opportunity for a hearing for the registered
20    owner of the vehicle cited in the parking, standing,
21    compliance, automated speed enforcement system, or
22    automated traffic law violation notice in which the owner
23    may contest the merits of the alleged violation, and during
24    which formal or technical rules of evidence shall not
25    apply; provided, however, that under Section 11-1306 of
26    this Code the lessee of a vehicle cited in the violation

 

 

HB5340- 71 -LRB100 19517 LNS 34784 b

1    notice likewise shall be provided an opportunity for a
2    hearing of the same kind afforded the registered owner. The
3    hearings shall be recorded, and the person conducting the
4    hearing on behalf of the traffic compliance administrator
5    shall be empowered to administer oaths and to secure by
6    subpoena both the attendance and testimony of witnesses and
7    the production of relevant books and papers. Persons
8    appearing at a hearing under this Section may be
9    represented by counsel at their expense. The ordinance may
10    also provide for internal administrative review following
11    the decision of the hearing officer.
12        (5) Service of additional notices, sent by first class
13    United States mail, postage prepaid, to the address of the
14    registered owner of the cited vehicle as recorded with the
15    Secretary of State or, if any notice to that address is
16    returned as undeliverable, to the last known address
17    recorded in a United States Post Office approved database,
18    or, under Section 11-1306 or subsection (p) of Section
19    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
20    of this Code, to the lessee of the cited vehicle at the
21    last address known to the lessor of the cited vehicle at
22    the time of lease or, if any notice to that address is
23    returned as undeliverable, to the last known address
24    recorded in a United States Post Office approved database.
25    The service shall be deemed complete as of the date of
26    deposit in the United States mail. The notices shall be in

 

 

HB5340- 72 -LRB100 19517 LNS 34784 b

1    the following sequence and shall include but not be limited
2    to the information specified herein:
3            (i) A second notice of parking, standing, or
4        compliance violation. This notice shall specify the
5        date and location of the violation cited in the
6        parking, standing, or compliance violation notice, the
7        particular regulation violated, the vehicle make and
8        state registration number, any requirement to complete
9        a traffic education program, the fine and any penalty
10        that may be assessed for late payment or failure to
11        complete a traffic education program, or both, when so
12        provided by ordinance, the availability of a hearing in
13        which the violation may be contested on its merits, and
14        the time and manner in which the hearing may be had.
15        The notice of violation shall also state that failure
16        to complete a required traffic education program, to
17        pay the indicated fine and any applicable penalty, or
18        to appear at a hearing on the merits in the time and
19        manner specified, will result in a final determination
20        of violation liability for the cited violation in the
21        amount of the fine or penalty indicated, and that, upon
22        the occurrence of a final determination of violation
23        liability for the failure, and the exhaustion of, or
24        failure to exhaust, available administrative or
25        judicial procedures for review, any incomplete traffic
26        education program or any unpaid fine or penalty, or

 

 

HB5340- 73 -LRB100 19517 LNS 34784 b

1        both, will constitute a debt due and owing the
2        municipality or county.
3            (ii) A notice of final determination of parking,
4        standing, compliance, automated speed enforcement
5        system, or automated traffic law violation liability.
6        This notice shall be sent following a final
7        determination of parking, standing, compliance,
8        automated speed enforcement system, or automated
9        traffic law violation liability and the conclusion of
10        judicial review procedures taken under this Section.
11        The notice shall state that the incomplete traffic
12        education program or the unpaid fine or penalty, or
13        both, is a debt due and owing the municipality or
14        county. The notice shall contain warnings that failure
15        to complete any required traffic education program or
16        to pay any fine or penalty due and owing the
17        municipality or county, or both, within the time
18        specified may result in the municipality's or county's
19        filing of a petition in the Circuit Court to have the
20        incomplete traffic education program or unpaid fine or
21        penalty, or both, rendered a judgment as provided by
22        this Section, or, where applicable, may result in
23        suspension of the person's drivers license for failure
24        to complete a traffic education program or to pay fines
25        or penalties, or both, for 10 or more parking
26        violations under Section 6-306.5, or a combination of 5

 

 

HB5340- 74 -LRB100 19517 LNS 34784 b

1        or more automated traffic law violations under Section
2        11-208.6 or 11-208.9 or automated speed enforcement
3        system violations under Section 11-208.8.
4        (6) A notice of impending drivers license suspension.
5    This notice shall be sent to the person liable for failure
6    to complete a required traffic education program or to pay
7    any fine or penalty that remains due and owing, or both, on
8    10 or more parking violations or combination of 5 or more
9    unpaid automated speed enforcement system or automated
10    traffic law violations. The notice shall state that failure
11    to complete a required traffic education program or to pay
12    the fine or penalty owing, or both, within 45 days of the
13    notice's date will result in the municipality or county
14    notifying the Secretary of State that the person is
15    eligible for initiation of suspension proceedings under
16    Section 6-306.5 of this Code. The notice shall also state
17    that the person may obtain a photostatic copy of an
18    original ticket imposing a fine or penalty by sending a
19    self addressed, stamped envelope to the municipality or
20    county along with a request for the photostatic copy. The
21    notice of impending drivers license suspension shall be
22    sent by first class United States mail, postage prepaid, to
23    the address recorded with the Secretary of State or, if any
24    notice to that address is returned as undeliverable, to the
25    last known address recorded in a United States Post Office
26    approved database.

 

 

HB5340- 75 -LRB100 19517 LNS 34784 b

1        (7) Final determinations of violation liability. A
2    final determination of violation liability shall occur
3    following failure to complete the required traffic
4    education program or to pay the fine or penalty, or both,
5    after a hearing officer's determination of violation
6    liability and the exhaustion of or failure to exhaust any
7    administrative review procedures provided by ordinance.
8    Where a person fails to appear at a hearing to contest the
9    alleged violation in the time and manner specified in a
10    prior mailed notice, the hearing officer's determination
11    of violation liability shall become final: (A) upon denial
12    of a timely petition to set aside that determination, or
13    (B) upon expiration of the period for filing the petition
14    without a filing having been made.
15        (8) A petition to set aside a determination of parking,
16    standing, compliance, automated speed enforcement system,
17    or automated traffic law violation liability that may be
18    filed by a person owing an unpaid fine or penalty. A
19    petition to set aside a determination of liability may also
20    be filed by a person required to complete a traffic
21    education program. The petition shall be filed with and
22    ruled upon by the traffic compliance administrator in the
23    manner and within the time specified by ordinance. The
24    grounds for the petition may be limited to: (A) the person
25    not having been the owner or lessee of the cited vehicle on
26    the date the violation notice was issued, (B) the person

 

 

HB5340- 76 -LRB100 19517 LNS 34784 b

1    having already completed the required traffic education
2    program or paid the fine or penalty, or both, for the
3    violation in question, and (C) excusable failure to appear
4    at or request a new date for a hearing. With regard to
5    municipalities or counties with a population of 1 million
6    or more, it shall be grounds for dismissal of a parking
7    violation if the state registration number, or vehicle make
8    if specified, is incorrect. After the determination of
9    parking, standing, compliance, automated speed enforcement
10    system, or automated traffic law violation liability has
11    been set aside upon a showing of just cause, the registered
12    owner shall be provided with a hearing on the merits for
13    that violation.
14        (9) Procedures for non-residents. Procedures by which
15    persons who are not residents of the municipality or county
16    may contest the merits of the alleged violation without
17    attending a hearing.
18        (10) A schedule of civil fines for violations of
19    vehicular standing, parking, compliance, automated speed
20    enforcement system, or automated traffic law regulations
21    enacted by ordinance pursuant to this Section, and a
22    schedule of penalties for late payment of the fines or
23    failure to complete required traffic education programs,
24    provided, however, that the total amount of the fine and
25    penalty for any one violation shall not exceed $250, except
26    as provided in subsection (c) of Section 11-1301.3 of this

 

 

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1    Code.
2        (11) Other provisions as are necessary and proper to
3    carry into effect the powers granted and purposes stated in
4    this Section.
5    (c) Any municipality or county establishing vehicular
6standing, parking, compliance, automated speed enforcement
7system, or automated traffic law regulations under this Section
8may also provide by ordinance for a program of vehicle
9immobilization for the purpose of facilitating enforcement of
10those regulations. The program of vehicle immobilization shall
11provide for immobilizing any eligible vehicle upon the public
12way by presence of a restraint in a manner to prevent operation
13of the vehicle. Any ordinance establishing a program of vehicle
14immobilization under this Section shall provide:
15        (1) Criteria for the designation of vehicles eligible
16    for immobilization. A vehicle shall be eligible for
17    immobilization when the registered owner of the vehicle has
18    accumulated the number of incomplete traffic education
19    programs or unpaid final determinations of parking,
20    standing, compliance, automated speed enforcement system,
21    or automated traffic law violation liability, or both, as
22    determined by ordinance.
23        (2) A notice of impending vehicle immobilization and a
24    right to a hearing to challenge the validity of the notice
25    by disproving liability for the incomplete traffic
26    education programs or unpaid final determinations of

 

 

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1    parking, standing, compliance, automated speed enforcement
2    system, or automated traffic law violation liability, or
3    both, listed on the notice.
4        (3) The right to a prompt hearing after a vehicle has
5    been immobilized or subsequently towed without the
6    completion of the required traffic education program or
7    payment of the outstanding fines and penalties on parking,
8    standing, compliance, automated speed enforcement system,
9    or automated traffic law violations, or both, for which
10    final determinations have been issued. An order issued
11    after the hearing is a final administrative decision within
12    the meaning of Section 3-101 of the Code of Civil
13    Procedure.
14        (4) A post immobilization and post-towing notice
15    advising the registered owner of the vehicle of the right
16    to a hearing to challenge the validity of the impoundment.
17    (d) Judicial review of final determinations of parking,
18standing, compliance, automated speed enforcement system, or
19automated traffic law violations and final administrative
20decisions issued after hearings regarding vehicle
21immobilization and impoundment made under this Section shall be
22subject to the provisions of the Administrative Review Law.
23    (e) Any fine, penalty, incomplete traffic education
24program, or part of any fine or any penalty remaining unpaid
25after the exhaustion of, or the failure to exhaust,
26administrative remedies created under this Section and the

 

 

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1conclusion of any judicial review procedures shall be a debt
2due and owing the municipality or county and, as such, may be
3collected in accordance with applicable law. Completion of any
4required traffic education program and payment in full of any
5fine or penalty resulting from a standing, parking, compliance,
6automated speed enforcement system, or automated traffic law
7violation shall constitute a final disposition of that
8violation.
9    (f) After the expiration of the period within which
10judicial review may be sought for a final determination of
11parking, standing, compliance, automated speed enforcement
12system, or automated traffic law violation, the municipality or
13county may commence a proceeding in the Circuit Court for
14purposes of obtaining a judgment on the final determination of
15violation. Nothing in this Section shall prevent a municipality
16or county from consolidating multiple final determinations of
17parking, standing, compliance, automated speed enforcement
18system, or automated traffic law violations against a person in
19a proceeding. Upon commencement of the action, the municipality
20or county shall file a certified copy or record of the final
21determination of parking, standing, compliance, automated
22speed enforcement system, or automated traffic law violation,
23which shall be accompanied by a certification that recites
24facts sufficient to show that the final determination of
25violation was issued in accordance with this Section and the
26applicable municipal or county ordinance. Service of the

 

 

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1summons and a copy of the petition may be by any method
2provided by Section 2-203 of the Code of Civil Procedure or by
3certified mail, return receipt requested, provided that the
4total amount of fines and penalties for final determinations of
5parking, standing, compliance, automated speed enforcement
6system, or automated traffic law violations does not exceed
7$2500. If the court is satisfied that the final determination
8of parking, standing, compliance, automated speed enforcement
9system, or automated traffic law violation was entered in
10accordance with the requirements of this Section and the
11applicable municipal or county ordinance, and that the
12registered owner or the lessee, as the case may be, had an
13opportunity for an administrative hearing and for judicial
14review as provided in this Section, the court shall render
15judgment in favor of the municipality or county and against the
16registered owner or the lessee for the amount indicated in the
17final determination of parking, standing, compliance,
18automated speed enforcement system, or automated traffic law
19violation, plus costs. The judgment shall have the same effect
20and may be enforced in the same manner as other judgments for
21the recovery of money.
22    (g) The fee for participating in a traffic education
23program under this Section shall not exceed $25.
24    A low-income individual required to complete a traffic
25education program under this Section who provides proof of
26eligibility for the federal earned income tax credit under

 

 

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1Section 32 of the Internal Revenue Code or the Illinois earned
2income tax credit under Section 212 of the Illinois Income Tax
3Act shall not be required to pay any fee for participating in a
4required traffic education program.
5(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
6eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 
7    (625 ILCS 5/6-205.2 rep.)
8    (625 ILCS 5/6-306.7 rep.)
9    Section 10. The Illinois Vehicle Code is amended by
10repealing Sections 6-205.2 and 6-306.7.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/3-704.2
4    625 ILCS 5/6-201
5    625 ILCS 5/6-204from Ch. 95 1/2, par. 6-204
6    625 ILCS 5/6-205
7    625 ILCS 5/6-206
8    625 ILCS 5/6-209.1 new
9    625 ILCS 5/6-213 new
10    625 ILCS 5/6-306.5from Ch. 95 1/2, par. 6-306.5
11    625 ILCS 5/11-208.3from Ch. 95 1/2, par. 11-208.3
12    625 ILCS 5/6-205.2 rep.
13    625 ILCS 5/6-306.7 rep.