Full Text of SB0698 102nd General Assembly
SB0698 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0698 Introduced 2/25/2021, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 15 ILCS 335/4 | from Ch. 124, par. 24 | 625 ILCS 5/6-106.1 | from Ch. 95 1/2, par. 6-106.1 | 625 ILCS 5/6-205 | | 625 ILCS 5/6-206 | | 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 | 730 ILCS 5/5-6-3.1 | from Ch. 38, par. 1005-6-3.1 |
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Amends the Illinois Identification Card Act. Provides that Illinois Identification Cards issued to persons upon conditional release or absolute discharge from the custody of the Department of Human Services be issued prior to release or discharge (instead of no sooner than 14 days prior to release or discharge). Amends the Illinois Vehicle Code. Provides that applicants for school bus driver permits and commercial driver's licenses must not have been convicted of (i) aggravated domestic battery, or (ii) specified offenses under the Liquor Control Act of 1934 within the last 20 years before the date of the application (rather than at any point in the applicant's past). Provides that, regardless of whether an exemption for employment-related transportation applies, every person required to install and maintain an ignition interlock device shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years. Amends the Unified Code of Corrections. Provides that a subsection concerning required proof of financial responsibility does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 4 as follows:
| 6 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 7 | | Sec. 4. Identification card.
| 8 | | (a) The Secretary of State shall issue a
standard Illinois | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof. No identification card shall be issued to any person | 12 | | who holds a valid
foreign state
identification card, license, | 13 | | or permit unless the person first surrenders to
the Secretary | 14 | | of
State the valid foreign state identification card, license, | 15 | | or permit. The card shall be prepared and
supplied by the | 16 | | Secretary of State and shall include a photograph and | 17 | | signature or mark of the
applicant. However, the Secretary of | 18 | | State may provide by rule for the issuance of Illinois | 19 | | Identification Cards without photographs if the applicant has | 20 | | a bona fide religious objection to being photographed or to | 21 | | the display of his or her photograph. The Illinois | 22 | | Identification Card may be used for
identification purposes in | 23 | | any lawful situation only by the person to
whom it was issued.
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| 1 | | As used in this Act, "photograph" means any color photograph | 2 | | or digitally
produced and captured image of an applicant for | 3 | | an identification card. As
used in this Act, "signature" means | 4 | | the name of a person as written by that
person and captured in | 5 | | a manner acceptable to the Secretary of State. | 6 | | (a-5) If an applicant for an identification card has a | 7 | | current driver's license or instruction permit issued by the | 8 | | Secretary of State, the Secretary may require the applicant to | 9 | | utilize the same residence address and name on the | 10 | | identification card, driver's license, and instruction permit | 11 | | records maintained by the Secretary. The Secretary may | 12 | | promulgate rules to implement this provision.
| 13 | | (a-10) If the applicant is a judicial officer as defined | 14 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, | 15 | | the applicant may elect to have his or her office or work | 16 | | address listed on the card instead of the applicant's | 17 | | residence or mailing address. The Secretary may promulgate | 18 | | rules to implement this provision. For the purposes of this | 19 | | subsection (a-10), "peace officer" means any person who by | 20 | | virtue of his or her office or public employment is vested by | 21 | | law with a duty to maintain public order or to make arrests for | 22 | | a violation of any penal statute of this State, whether that | 23 | | duty extends to all violations or is limited to specific | 24 | | violations. | 25 | | (a-15) The Secretary of State may provide for an expedited | 26 | | process for the issuance of an Illinois Identification Card. |
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| 1 | | The Secretary shall charge an additional fee for the expedited | 2 | | issuance of an Illinois Identification Card, to be set by | 3 | | rule, not to exceed $75. All fees collected by the Secretary | 4 | | for expedited Illinois Identification Card service shall be | 5 | | deposited into the Secretary of State Special Services Fund. | 6 | | The Secretary may adopt rules regarding the eligibility, | 7 | | process, and fee for an expedited Illinois Identification | 8 | | Card. If the Secretary of State determines that the volume of | 9 | | expedited identification card requests received on a given day | 10 | | exceeds the ability of the Secretary to process those requests | 11 | | in an expedited manner, the Secretary may decline to provide | 12 | | expedited services, and the additional fee for the expedited | 13 | | service shall be refunded to the applicant. | 14 | | (a-20) The Secretary of State shall issue a standard | 15 | | Illinois Identification Card to a committed person upon | 16 | | release on parole, mandatory supervised release, aftercare | 17 | | release, final discharge, or pardon from the Department of | 18 | | Corrections or Department of Juvenile Justice, if the released | 19 | | person presents a certified copy of his or her birth | 20 | | certificate, social security card or other documents | 21 | | authorized by the Secretary, and 2 documents proving his or | 22 | | her Illinois residence address. Documents proving residence | 23 | | address may include any official document of the Department of | 24 | | Corrections or the Department of Juvenile Justice showing the | 25 | | released person's address after release and a Secretary of | 26 | | State prescribed certificate of residency form, which may be |
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| 1 | | executed by Department of Corrections or Department of | 2 | | Juvenile Justice personnel. | 3 | | (a-25) The Secretary of State shall issue a limited-term | 4 | | Illinois Identification Card valid for 90 days to a committed | 5 | | person upon release on parole, mandatory supervised release, | 6 | | aftercare release, final discharge, or pardon from the | 7 | | Department of Corrections or Department of Juvenile Justice, | 8 | | if the released person is unable to present a certified copy of | 9 | | his or her birth certificate and social security card or other | 10 | | documents authorized by the Secretary, but does present a | 11 | | Secretary of State prescribed verification form completed by | 12 | | the Department of Corrections or Department of Juvenile | 13 | | Justice, verifying the released person's date of birth and | 14 | | social security number and 2 documents proving his or her | 15 | | Illinois residence address. The verification form must have | 16 | | been completed no more than 30 days prior to the date of | 17 | | application for the Illinois Identification Card. Documents | 18 | | proving residence address shall include any official document | 19 | | of the Department of Corrections or the Department of Juvenile | 20 | | Justice showing the person's address after release and a | 21 | | Secretary of State prescribed certificate of residency, which | 22 | | may be executed by Department of Corrections or Department of | 23 | | Juvenile Justice personnel. | 24 | | Prior to the expiration of the 90-day period of the | 25 | | limited-term Illinois Identification Card, if the released | 26 | | person submits to the Secretary of State a certified copy of |
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| 1 | | his or her birth certificate and his or her social security | 2 | | card or other documents authorized by the Secretary, a | 3 | | standard Illinois Identification Card shall be issued. A | 4 | | limited-term Illinois Identification Card may not be renewed. | 5 | | (a-30) The Secretary of State shall issue a standard | 6 | | Illinois Identification Card to a person upon conditional | 7 | | release or absolute discharge from the custody of the | 8 | | Department of Human Services, if the person presents a | 9 | | certified copy of his or her birth certificate, social | 10 | | security card, or other documents authorized by the Secretary, | 11 | | and a document proving his or her Illinois residence address. | 12 | | The Secretary of State shall issue a standard Illinois | 13 | | Identification Card to a person no sooner than 14 days prior to | 14 | | his or her conditional release or absolute discharge if | 15 | | personnel from the Department of Human Services bring the | 16 | | person to a Secretary of State location with the required | 17 | | documents. Documents proving residence address may include any | 18 | | official document of the Department of Human Services showing | 19 | | the person's address after release and a Secretary of State | 20 | | prescribed verification form, which may be executed by | 21 | | personnel of the Department of Human Services. | 22 | | (a-35) The Secretary of State shall issue a limited-term | 23 | | Illinois Identification Card valid for 90 days to a person | 24 | | upon conditional release or absolute discharge from the | 25 | | custody of the Department of Human Services, if the person is | 26 | | unable to present a certified copy of his or her birth |
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| 1 | | certificate and social security card or other documents | 2 | | authorized by the Secretary, but does present a Secretary of | 3 | | State prescribed verification form completed by the Department | 4 | | of Human Services, verifying the person's date of birth and | 5 | | social security number, and a document proving his or her | 6 | | Illinois residence address. The verification form must have | 7 | | been completed no more than 30 days prior to the date of | 8 | | application for the Illinois Identification Card. The | 9 | | Secretary of State shall issue a limited-term Illinois | 10 | | Identification Card to a person no sooner than 14 days prior to | 11 | | his or her conditional release or absolute discharge if | 12 | | personnel from the Department of Human Services bring the | 13 | | person to a Secretary of State location with the required | 14 | | documents. Documents proving residence address shall include | 15 | | any official document of the Department of Human Services | 16 | | showing the person's address after release and a Secretary of | 17 | | State prescribed verification form, which may be executed
by | 18 | | personnel of the Department of Human Services. | 19 | | (b) The Secretary of State shall issue a special Illinois
| 20 | | Identification Card, which shall be known as an Illinois | 21 | | Person with a Disability
Identification Card, to any natural | 22 | | person who is a resident of the State
of Illinois, who is a | 23 | | person with a disability as defined in Section 4A of this Act,
| 24 | | who applies for such card, or renewal thereof. No Illinois | 25 | | Person with a Disability Identification Card shall be issued | 26 | | to any person who
holds a valid
foreign state identification |
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| 1 | | card, license, or permit unless the person first
surrenders to | 2 | | the
Secretary of State the valid foreign state identification | 3 | | card, license, or
permit. The Secretary of State
shall charge | 4 | | no fee to issue such card. The card shall be prepared and
| 5 | | supplied by the Secretary of State, and shall include a | 6 | | photograph and signature or mark of the
applicant, a | 7 | | designation indicating that the card is an Illinois
Person | 8 | | with a Disability Identification Card, and shall include a | 9 | | comprehensible designation
of the type and classification of | 10 | | the applicant's disability as set out in
Section 4A of this | 11 | | Act. However, the Secretary of State may provide by rule for | 12 | | the issuance of Illinois Person with a Disability | 13 | | Identification Cards without photographs if the applicant has | 14 | | a bona fide religious objection to being photographed or to | 15 | | the display of his or her photograph. If the applicant so | 16 | | requests, the card shall
include a description of the | 17 | | applicant's disability and any information
about the | 18 | | applicant's disability or medical history which the Secretary
| 19 | | determines would be helpful to the applicant in securing | 20 | | emergency medical
care. If a mark is used in lieu of a | 21 | | signature, such mark
shall be affixed to the card in the | 22 | | presence of two witnesses who attest to
the authenticity of | 23 | | the mark. The Illinois
Person with a Disability Identification | 24 | | Card may be used for identification purposes
in any lawful | 25 | | situation by the person to whom it was issued.
| 26 | | The Illinois Person with a Disability Identification Card |
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| 1 | | may be used as adequate
documentation of disability in lieu of | 2 | | a physician's determination of
disability, a determination of | 3 | | disability from a physician assistant, a determination of | 4 | | disability from an advanced practice registered
nurse, or any
| 5 | | other documentation
of disability whenever
any
State law
| 6 | | requires that a person with a disability provide such | 7 | | documentation of disability,
however an Illinois Person with a | 8 | | Disability Identification Card shall not qualify
the | 9 | | cardholder to participate in any program or to receive any | 10 | | benefit
which is not available to all persons with like | 11 | | disabilities.
Notwithstanding any other provisions of law, an | 12 | | Illinois Person with a Disability
Identification Card, or | 13 | | evidence that the Secretary of State has issued an
Illinois | 14 | | Person with a Disability Identification Card, shall not be | 15 | | used by any
person other than the person named on such card to | 16 | | prove that the person
named on such card is a person with a | 17 | | disability or for any other purpose unless the
card is used for | 18 | | the benefit of the person named on such card, and the
person | 19 | | named on such card consents to such use at the time the card is | 20 | | so used.
| 21 | | An optometrist's determination of a visual disability | 22 | | under Section 4A of this Act is acceptable as documentation | 23 | | for the purpose of issuing an Illinois Person with a | 24 | | Disability Identification Card. | 25 | | When medical information is contained on an Illinois | 26 | | Person with a Disability
Identification Card, the Office of |
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| 1 | | the Secretary of State shall not be
liable for any actions | 2 | | taken based upon that medical information.
| 3 | | (c) The Secretary of State shall provide
that each | 4 | | original or renewal Illinois Identification Card or Illinois
| 5 | | Person with a Disability Identification Card issued to a | 6 | | person under the age of 21
shall be of a distinct nature from | 7 | | those Illinois Identification Cards or
Illinois Person with a | 8 | | Disability Identification Cards issued to individuals 21
years | 9 | | of age or older. The color designated for Illinois | 10 | | Identification
Cards or Illinois Person with a Disability | 11 | | Identification Cards for persons under
the age of 21 shall be | 12 | | at the discretion of the Secretary of State.
| 13 | | (c-1) Each original or renewal Illinois
Identification | 14 | | Card or Illinois Person with a Disability Identification Card | 15 | | issued to
a person under the age of 21 shall display the date | 16 | | upon which the person
becomes 18 years of age and the date upon | 17 | | which the person becomes 21 years of
age.
| 18 | | (c-3) The General Assembly recognizes the need to identify | 19 | | military veterans living in this State for the purpose of | 20 | | ensuring that they receive all of the services and benefits to | 21 | | which they are legally entitled, including healthcare, | 22 | | education assistance, and job placement. To assist the State | 23 | | in identifying these veterans and delivering these vital | 24 | | services and benefits, the Secretary of State is authorized to | 25 | | issue Illinois Identification Cards and Illinois Person with a | 26 | | Disability Identification Cards with the word "veteran" |
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| 1 | | appearing on the face of the cards. This authorization is | 2 | | predicated on the unique status of veterans. The Secretary may | 3 | | not issue any other identification card which identifies an | 4 | | occupation, status, affiliation, hobby, or other unique | 5 | | characteristics of the identification card holder which is | 6 | | unrelated to the purpose of the identification card.
| 7 | | (c-5) Beginning on or before July 1, 2015, the Secretary | 8 | | of State shall designate a space on each original or renewal | 9 | | identification card where, at the request of the applicant, | 10 | | the word "veteran" shall be placed. The veteran designation | 11 | | shall be available to a person identified as a veteran under | 12 | | subsection (b) of Section 5 of this Act who was discharged or | 13 | | separated under honorable conditions. | 14 | | (d) The Secretary of State may issue a Senior Citizen
| 15 | | discount card, to any natural person who is a resident of the | 16 | | State of
Illinois who is 60 years of age or older and who | 17 | | applies for such a card or
renewal thereof. The Secretary of | 18 | | State shall charge no fee to issue such
card. The card shall be | 19 | | issued in every county and applications shall be
made | 20 | | available at, but not limited to, nutrition sites, senior | 21 | | citizen
centers and Area Agencies on Aging. The applicant, | 22 | | upon receipt of such
card and prior to its use for any purpose, | 23 | | shall have affixed thereon in
the space provided therefor his | 24 | | signature or mark.
| 25 | | (e) The Secretary of State, in his or her discretion, may | 26 | | designate on each Illinois
Identification Card or Illinois |
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| 1 | | Person with a Disability Identification Card a space where the | 2 | | card holder may place a sticker or decal, issued by the | 3 | | Secretary of State, of uniform size as the Secretary may | 4 | | specify, that shall indicate in appropriate language that the | 5 | | card holder has renewed his or her Illinois
Identification | 6 | | Card or Illinois Person with a Disability Identification Card. | 7 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 8 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. | 9 | | 7-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
| 10 | | Section 10. The Illinois Vehicle Code is amended by | 11 | | changing Sections 6-106.1, 6-205, 6-206, and 6-508 as follows:
| 12 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| 13 | | Sec. 6-106.1. School bus driver permit.
| 14 | | (a) The Secretary of State shall issue a school bus driver
| 15 | | permit to those applicants who have met all the requirements | 16 | | of the
application and screening process under this Section to | 17 | | insure the
welfare and safety of children who are transported | 18 | | on school buses
throughout the State of Illinois. Applicants | 19 | | shall obtain the
proper application required by the Secretary | 20 | | of State from their
prospective or current employer and submit | 21 | | the completed
application to the prospective or current | 22 | | employer along
with the necessary fingerprint submission as | 23 | | required by the
Department of
State Police to conduct | 24 | | fingerprint based criminal background
checks on current and |
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| 1 | | future information available in the state
system and current | 2 | | information available through the Federal Bureau
of | 3 | | Investigation's system. Applicants who have completed the
| 4 | | fingerprinting requirements shall not be subjected to the
| 5 | | fingerprinting process when applying for subsequent permits or
| 6 | | submitting proof of successful completion of the annual | 7 | | refresher
course. Individuals who on July 1, 1995 (the | 8 | | effective date of Public Act 88-612) possess a valid
school | 9 | | bus driver permit that has been previously issued by the | 10 | | appropriate
Regional School Superintendent are not subject to | 11 | | the fingerprinting
provisions of this Section as long as the | 12 | | permit remains valid and does not
lapse. The applicant shall | 13 | | be required to pay all related
application and fingerprinting | 14 | | fees as established by rule
including, but not limited to, the | 15 | | amounts established by the Department of
State Police and the | 16 | | Federal Bureau of Investigation to process
fingerprint based | 17 | | criminal background investigations. All fees paid for
| 18 | | fingerprint processing services under this Section shall be | 19 | | deposited into the
State Police Services Fund for the cost | 20 | | incurred in processing the fingerprint
based criminal | 21 | | background investigations. All other fees paid under this
| 22 | | Section shall be deposited into the Road
Fund for the purpose | 23 | | of defraying the costs of the Secretary of State in
| 24 | | administering this Section. All applicants must:
| 25 | | 1. be 21 years of age or older;
| 26 | | 2. possess a valid and properly classified driver's |
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| 1 | | license
issued by the Secretary of State;
| 2 | | 3. possess a valid driver's license, which has not | 3 | | been
revoked, suspended, or canceled for 3 years | 4 | | immediately prior to
the date of application, or have not | 5 | | had his or her commercial motor vehicle
driving privileges
| 6 | | disqualified within the 3 years immediately prior to the | 7 | | date of application;
| 8 | | 4. successfully pass a written test, administered by | 9 | | the
Secretary of State, on school bus operation, school | 10 | | bus safety, and
special traffic laws relating to school | 11 | | buses and submit to a review
of the applicant's driving | 12 | | habits by the Secretary of State at the time the
written | 13 | | test is given;
| 14 | | 5. demonstrate ability to exercise reasonable care in | 15 | | the operation of
school buses in accordance with rules | 16 | | promulgated by the Secretary of State;
| 17 | | 6. demonstrate physical fitness to operate school | 18 | | buses by
submitting the results of a medical examination, | 19 | | including tests for drug
use for each applicant not | 20 | | subject to such testing pursuant to
federal law, conducted | 21 | | by a licensed physician, a licensed advanced practice | 22 | | registered nurse, or a licensed physician assistant
within | 23 | | 90 days of the date
of application according to standards | 24 | | promulgated by the Secretary of State;
| 25 | | 7. affirm under penalties of perjury that he or she | 26 | | has not made a
false statement or knowingly concealed a |
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| 1 | | material fact
in any application for permit;
| 2 | | 8. have completed an initial classroom course, | 3 | | including first aid
procedures, in school bus driver | 4 | | safety as promulgated by the Secretary of
State; and after | 5 | | satisfactory completion of said initial course an annual
| 6 | | refresher course; such courses and the agency or | 7 | | organization conducting such
courses shall be approved by | 8 | | the Secretary of State; failure to
complete the annual | 9 | | refresher course, shall result in
cancellation of the | 10 | | permit until such course is completed;
| 11 | | 9. not have been under an order of court supervision | 12 | | for or convicted of 2 or more serious traffic offenses, as
| 13 | | defined by rule, within one year prior to the date of | 14 | | application that may
endanger the life or safety of any of | 15 | | the driver's passengers within the
duration of the permit | 16 | | period;
| 17 | | 10. not have been under an order of court supervision | 18 | | for or convicted of reckless driving, aggravated reckless | 19 | | driving, driving while under the influence of alcohol, | 20 | | other drug or drugs, intoxicating compound or compounds or | 21 | | any combination thereof, or reckless homicide resulting | 22 | | from the operation of a motor
vehicle within 3 years of the | 23 | | date of application;
| 24 | | 11. not have been convicted of committing or | 25 | | attempting
to commit any
one or more of the following | 26 | | offenses: (i) those offenses defined in
Sections 8-1, |
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| 1 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | 2 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | 3 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | 4 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | 5 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | 6 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| 7 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | 8 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | 9 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 10 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-5.3, 12-6, | 11 | | 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, | 12 | | 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, | 13 | | 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, | 14 | | 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, | 15 | | 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, | 16 | | 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, | 17 | | 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) | 18 | | and (b), of Section 24-3, and those offenses contained in | 19 | | Article 29D of the Criminal Code of 1961 or the Criminal | 20 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 21 | | Control Act except those offenses defined in subsections | 22 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 23 | | of the Cannabis Control
Act; (iii) those offenses defined | 24 | | in the Illinois Controlled Substances
Act; (iv) those | 25 | | offenses defined in the Methamphetamine Control and | 26 | | Community Protection Act; and (v) any offense committed or |
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| 1 | | attempted in any other state or against
the laws of the | 2 | | United States, which if committed or attempted in this
| 3 | | State would be punishable as one or more of the foregoing | 4 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | 5 | | of the Wrongs to Children Act or Section 11-9.1A of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 7 | | those offenses defined in Section 6-16 of the Liquor | 8 | | Control Act of
1934 within the last 20 years before the | 9 | | date of the application ;
and (viii) those offenses defined | 10 | | in the Methamphetamine Precursor Control Act;
| 11 | | 12. not have been repeatedly involved as a driver in | 12 | | motor vehicle
collisions or been repeatedly convicted of | 13 | | offenses against
laws and ordinances regulating the | 14 | | movement of traffic, to a degree which
indicates lack of | 15 | | ability to exercise ordinary and reasonable care in the
| 16 | | safe operation of a motor vehicle or disrespect for the | 17 | | traffic laws and
the safety of other persons upon the | 18 | | highway;
| 19 | | 13. not have, through the unlawful operation of a | 20 | | motor
vehicle, caused an accident resulting in the death | 21 | | of any person;
| 22 | | 14. not have, within the last 5 years, been adjudged | 23 | | to be
afflicted with or suffering from any mental | 24 | | disability or disease;
| 25 | | 15. consent, in writing, to the release of results of | 26 | | reasonable suspicion drug and alcohol testing under |
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| 1 | | Section 6-106.1c of this Code by the employer of the | 2 | | applicant to the Secretary of State; and | 3 | | 16. not have been convicted of committing or | 4 | | attempting to commit within the last 20 years: (i) an | 5 | | offense defined in subsection (c) of Section 4, subsection | 6 | | (b) of Section 5, and subsection (a) of Section 8 of the | 7 | | Cannabis Control Act; or (ii) any offenses in any other | 8 | | state or against the laws of the United States that, if | 9 | | committed or attempted in this State, would be punishable | 10 | | as one or more of the foregoing offenses. | 11 | | (b) A school bus driver permit shall be valid for a period | 12 | | specified by
the Secretary of State as set forth by rule. It | 13 | | shall be renewable upon compliance with subsection (a) of this
| 14 | | Section.
| 15 | | (c) A school bus driver permit shall contain the holder's | 16 | | driver's
license number, legal name, residence address, zip | 17 | | code, and date
of birth, a brief description of the holder and | 18 | | a space for signature. The
Secretary of State may require a | 19 | | suitable photograph of the holder.
| 20 | | (d) The employer shall be responsible for conducting a | 21 | | pre-employment
interview with prospective school bus driver | 22 | | candidates, distributing school
bus driver applications and | 23 | | medical forms to be completed by the applicant, and
submitting | 24 | | the applicant's fingerprint cards to the Department of State | 25 | | Police
that are required for the criminal background | 26 | | investigations. The employer
shall certify in writing to the |
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| 1 | | Secretary of State that all pre-employment
conditions have | 2 | | been successfully completed including the successful | 3 | | completion
of an Illinois specific criminal background | 4 | | investigation through the
Department of State Police and the | 5 | | submission of necessary
fingerprints to the Federal Bureau of | 6 | | Investigation for criminal
history information available | 7 | | through the Federal Bureau of
Investigation system. The | 8 | | applicant shall present the
certification to the Secretary of | 9 | | State at the time of submitting
the school bus driver permit | 10 | | application.
| 11 | | (e) Permits shall initially be provisional upon receiving
| 12 | | certification from the employer that all pre-employment | 13 | | conditions
have been successfully completed, and upon | 14 | | successful completion of
all training and examination | 15 | | requirements for the classification of
the vehicle to be | 16 | | operated, the Secretary of State shall
provisionally issue a | 17 | | School Bus Driver Permit. The permit shall
remain in a | 18 | | provisional status pending the completion of the
Federal | 19 | | Bureau of Investigation's criminal background investigation | 20 | | based
upon fingerprinting specimens submitted to the Federal | 21 | | Bureau of
Investigation by the Department of State Police. The | 22 | | Federal Bureau of
Investigation shall report the findings | 23 | | directly to the Secretary
of State. The Secretary of State | 24 | | shall remove the bus driver
permit from provisional status | 25 | | upon the applicant's successful
completion of the Federal | 26 | | Bureau of Investigation's criminal
background investigation.
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| 1 | | (f) A school bus driver permit holder shall notify the
| 2 | | employer and the Secretary of State if he or she is issued an | 3 | | order of court supervision for or convicted in
another state | 4 | | of an offense that would make him or her ineligible
for a | 5 | | permit under subsection (a) of this Section. The
written | 6 | | notification shall be made within 5 days of the entry of
the | 7 | | order of court supervision or conviction. Failure of the | 8 | | permit holder to provide the
notification is punishable as a | 9 | | petty
offense for a first violation and a Class B misdemeanor | 10 | | for a
second or subsequent violation.
| 11 | | (g) Cancellation; suspension; notice and procedure.
| 12 | | (1) The Secretary of State shall cancel a school bus
| 13 | | driver permit of an applicant whose criminal background | 14 | | investigation
discloses that he or she is not in | 15 | | compliance with the provisions of subsection
(a) of this | 16 | | Section.
| 17 | | (2) The Secretary of State shall cancel a school
bus | 18 | | driver permit when he or she receives notice that the | 19 | | permit holder fails
to comply with any provision of this | 20 | | Section or any rule promulgated for the
administration of | 21 | | this Section.
| 22 | | (3) The Secretary of State shall cancel a school bus
| 23 | | driver permit if the permit holder's restricted commercial | 24 | | or
commercial driving privileges are withdrawn or | 25 | | otherwise
invalidated.
| 26 | | (4) The Secretary of State may not issue a school bus
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| 1 | | driver permit for a period of 3 years to an applicant who | 2 | | fails to
obtain a negative result on a drug test as | 3 | | required in item 6 of
subsection (a) of this Section or | 4 | | under federal law.
| 5 | | (5) The Secretary of State shall forthwith suspend
a | 6 | | school bus driver permit for a period of 3 years upon | 7 | | receiving
notice that the holder has failed to obtain a | 8 | | negative result on a
drug test as required in item 6 of | 9 | | subsection (a) of this Section
or under federal law.
| 10 | | (6) The Secretary of State shall suspend a school bus | 11 | | driver permit for a period of 3 years upon receiving | 12 | | notice from the employer that the holder failed to perform | 13 | | the inspection procedure set forth in subsection (a) or | 14 | | (b) of Section 12-816 of this Code. | 15 | | (7) The Secretary of State shall suspend a school bus | 16 | | driver permit for a period of 3 years upon receiving | 17 | | notice from the employer that the holder refused to submit | 18 | | to an alcohol or drug test as required by Section 6-106.1c | 19 | | or has submitted to a test required by that Section which | 20 | | disclosed an alcohol concentration of more than 0.00 or | 21 | | disclosed a positive result on a National Institute on | 22 | | Drug Abuse five-drug panel, utilizing federal standards | 23 | | set forth in 49 CFR 40.87. | 24 | | The Secretary of State shall notify the State | 25 | | Superintendent
of Education and the permit holder's | 26 | | prospective or current
employer that the applicant has (1) has |
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| 1 | | failed a criminal
background investigation or (2) is no
longer | 2 | | eligible for a school bus driver permit; and of the related
| 3 | | cancellation of the applicant's provisional school bus driver | 4 | | permit. The
cancellation shall remain in effect pending the | 5 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 6 | | The scope of the
hearing shall be limited to the issuance | 7 | | criteria contained in
subsection (a) of this Section. A | 8 | | petition requesting a
hearing shall be submitted to the | 9 | | Secretary of State and shall
contain the reason the individual | 10 | | feels he or she is entitled to a
school bus driver permit. The | 11 | | permit holder's
employer shall notify in writing to the | 12 | | Secretary of State
that the employer has certified the removal | 13 | | of the offending school
bus driver from service prior to the | 14 | | start of that school bus
driver's next workshift. An employing | 15 | | school board that fails to
remove the offending school bus | 16 | | driver from service is
subject to the penalties defined in | 17 | | Section 3-14.23 of the School Code. A
school bus
contractor | 18 | | who violates a provision of this Section is
subject to the | 19 | | penalties defined in Section 6-106.11.
| 20 | | All valid school bus driver permits issued under this | 21 | | Section
prior to January 1, 1995, shall remain effective until | 22 | | their
expiration date unless otherwise invalidated.
| 23 | | (h) When a school bus driver permit holder who is a service | 24 | | member is called to active duty, the employer of the permit | 25 | | holder shall notify the Secretary of State, within 30 days of | 26 | | notification from the permit holder, that the permit holder |
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| 1 | | has been called to active duty. Upon notification pursuant to | 2 | | this subsection, (i) the Secretary of State shall characterize | 3 | | the permit as inactive until a permit holder renews the permit | 4 | | as provided in subsection (i) of this Section, and (ii) if a | 5 | | permit holder fails to comply with the requirements of this | 6 | | Section while called to active duty, the Secretary of State | 7 | | shall not characterize the permit as invalid. | 8 | | (i) A school bus driver permit holder who is a service | 9 | | member returning from active duty must, within 90 days, renew | 10 | | a permit characterized as inactive pursuant to subsection (h) | 11 | | of this Section by complying with the renewal requirements of | 12 | | subsection (b) of this Section. | 13 | | (j) For purposes of subsections (h) and (i) of this | 14 | | Section: | 15 | | "Active duty" means active duty pursuant to an executive | 16 | | order of the President of the United States, an act of the | 17 | | Congress of the United States, or an order of the Governor. | 18 | | "Service member" means a member of the Armed Services or | 19 | | reserve forces of the United States or a member of the Illinois | 20 | | National Guard. | 21 | | (k) A private carrier employer of a school bus driver | 22 | | permit holder, having satisfied the employer requirements of | 23 | | this Section, shall be held to a standard of ordinary care for | 24 | | intentional acts committed in the course of employment by the | 25 | | bus driver permit holder. This subsection (k) shall in no way | 26 | | limit the liability of the private carrier employer for |
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| 1 | | violation of any provision of this Section or for the | 2 | | negligent hiring or retention of a school bus driver permit | 3 | | holder. | 4 | | (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20 .)
| 5 | | (625 ILCS 5/6-205)
| 6 | | Sec. 6-205. Mandatory revocation of license or permit; | 7 | | hardship cases.
| 8 | | (a) Except as provided in this Section, the Secretary of | 9 | | State shall
immediately revoke the license, permit, or driving | 10 | | privileges of
any driver upon receiving a
report of the | 11 | | driver's conviction of any of the following offenses:
| 12 | | 1. Reckless homicide resulting from the operation of a | 13 | | motor vehicle;
| 14 | | 2. Violation of Section 11-501 of this Code or a | 15 | | similar provision of
a local ordinance relating to the | 16 | | offense of operating or being in physical
control of a | 17 | | vehicle while under the influence of alcohol, other drug | 18 | | or
drugs, intoxicating compound or compounds, or any | 19 | | combination thereof;
| 20 | | 3. Any felony under the laws of any State or the | 21 | | federal government
in the commission of which a motor | 22 | | vehicle was used;
| 23 | | 4. Violation of Section 11-401 of this Code relating | 24 | | to the offense of
leaving the scene of a traffic accident | 25 | | involving death or personal injury;
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| 1 | | 5. Perjury or the making of a false affidavit or | 2 | | statement under
oath to the Secretary of State under this | 3 | | Code or under any
other law relating to the ownership or | 4 | | operation of motor vehicles;
| 5 | | 6. Conviction upon 3 charges of violation of Section | 6 | | 11-503 of this
Code relating to the offense of reckless | 7 | | driving committed within a
period of 12 months;
| 8 | | 7. Conviction of any offense
defined in
Section 4-102 | 9 | | of this Code if the person exercised actual physical | 10 | | control over the vehicle during the commission of the | 11 | | offense;
| 12 | | 8. Violation of Section 11-504 of this Code relating | 13 | | to the offense
of drag racing;
| 14 | | 9. Violation of Chapters 8 and 9 of this Code;
| 15 | | 10. Violation of Section 12-5 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 17 | | motor vehicle;
| 18 | | 11. Violation of Section 11-204.1 of this Code | 19 | | relating to aggravated
fleeing or attempting to elude a | 20 | | peace officer;
| 21 | | 12. Violation of paragraph (1) of subsection (b) of | 22 | | Section 6-507,
or a similar law of any other state, | 23 | | relating to the
unlawful operation of a commercial motor | 24 | | vehicle;
| 25 | | 13. Violation of paragraph (a) of Section 11-502 of | 26 | | this Code or a
similar provision of a local ordinance if |
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| 1 | | the driver has been previously
convicted of a violation of | 2 | | that Section or a similar provision of a local
ordinance | 3 | | and the driver was less than 21 years of age at the time of | 4 | | the
offense;
| 5 | | 14. Violation of paragraph (a) of Section 11-506 of | 6 | | this Code or a similar provision of a local ordinance | 7 | | relating to the offense of street racing;
| 8 | | 15. A second or subsequent conviction of driving while | 9 | | the person's driver's license, permit or privileges was | 10 | | revoked for reckless homicide or a similar out-of-state | 11 | | offense; | 12 | | 16. Any offense against any provision in this Code, or | 13 | | any local ordinance, regulating the
movement of traffic | 14 | | when that offense was the proximate cause of the death of | 15 | | any person. Any person whose driving privileges have been | 16 | | revoked pursuant to this paragraph may seek to have the | 17 | | revocation terminated or to have the length of revocation | 18 | | reduced by requesting an administrative hearing with the | 19 | | Secretary of State prior to the projected driver's license | 20 | | application eligibility date; | 21 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 22 | | of this Code or a similar provision of a local ordinance; | 23 | | 18. A second or subsequent conviction of illegal | 24 | | possession, while operating or in actual physical control, | 25 | | as a driver, of a motor vehicle, of any controlled | 26 | | substance prohibited under the Illinois Controlled |
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| 1 | | Substances Act, any cannabis prohibited under the Cannabis | 2 | | Control Act, or any methamphetamine prohibited under the | 3 | | Methamphetamine Control and Community Protection Act. A | 4 | | defendant found guilty of this offense while operating a | 5 | | motor vehicle
shall have an entry made in the court record | 6 | | by the presiding judge that
this offense did occur while | 7 | | the defendant was operating a motor vehicle
and order the | 8 | | clerk of the court to report the violation to the | 9 | | Secretary
of State; | 10 | | 19. Violation of subsection (a) of Section 11-1414 of | 11 | | this Code, or a similar provision of a local ordinance, | 12 | | relating to the offense of overtaking or passing of a | 13 | | school bus when the driver, in committing the violation, | 14 | | is involved in a motor vehicle accident that results in | 15 | | death to another and the violation is a proximate cause of | 16 | | the death. | 17 | | (b) The Secretary of State shall also immediately revoke | 18 | | the license
or permit of any driver in the following | 19 | | situations:
| 20 | | 1. Of any minor upon receiving the notice provided for | 21 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 22 | | minor has been
adjudicated under that Act as having | 23 | | committed an offense relating to
motor vehicles prescribed | 24 | | in Section 4-103 of this Code;
| 25 | | 2. Of any person when any other law of this State | 26 | | requires either the
revocation or suspension of a license |
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| 1 | | or permit;
| 2 | | 3. Of any person adjudicated under the Juvenile Court | 3 | | Act of 1987 based on an offense determined to have been | 4 | | committed in furtherance of the criminal activities of an | 5 | | organized gang as provided in Section 5-710 of that Act, | 6 | | and that involved the operation or use of a motor vehicle | 7 | | or the use of a driver's license or permit. The revocation | 8 | | shall remain in effect for the period determined by the | 9 | | court. | 10 | | (c)(1) Whenever a person is convicted of any of the | 11 | | offenses enumerated in
this Section, the court may recommend | 12 | | and the Secretary of State in his
discretion, without regard | 13 | | to whether the recommendation is made by the
court may, upon | 14 | | application,
issue to the person a
restricted driving permit | 15 | | granting the privilege of driving a motor
vehicle between the | 16 | | petitioner's residence and petitioner's place
of employment or | 17 | | within the scope of the petitioner's employment related
| 18 | | duties, or to allow the petitioner to transport himself or | 19 | | herself or a family member
of the petitioner's household to a | 20 | | medical facility for the receipt of necessary medical care or | 21 | | to allow the
petitioner to transport himself or herself to and | 22 | | from alcohol or drug remedial or rehabilitative activity | 23 | | recommended by a licensed service provider, or to allow the
| 24 | | petitioner to transport himself or herself or a family member | 25 | | of the petitioner's household to classes, as a student, at an | 26 | | accredited educational
institution, or to allow the petitioner |
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| 1 | | to transport children, elderly persons, or persons with | 2 | | disabilities who do not hold driving privileges and are living | 3 | | in the petitioner's household to and from daycare; if the | 4 | | petitioner is able to demonstrate that no alternative means
of | 5 | | transportation is reasonably available and that the petitioner | 6 | | will not endanger
the public safety or welfare; provided that | 7 | | the Secretary's discretion shall be
limited to cases where | 8 | | undue hardship, as defined by the rules of the Secretary of | 9 | | State, would result from a failure to issue the
restricted | 10 | | driving permit.
| 11 | | (1.5) A person subject to the provisions of paragraph 4 of | 12 | | subsection (b) of Section 6-208 of this Code may make | 13 | | application for a restricted driving permit at a hearing | 14 | | conducted under Section 2-118 of this Code after the | 15 | | expiration of 5 years from the effective date of the most | 16 | | recent revocation, or after 5 years from the date of release | 17 | | from a period of imprisonment resulting from a conviction of | 18 | | the most recent offense, whichever is later, provided the | 19 | | person, in addition to all other requirements of the | 20 | | Secretary, shows by clear and convincing evidence: | 21 | | (A) a minimum of 3 years of uninterrupted abstinence | 22 | | from alcohol and the unlawful use or consumption of | 23 | | cannabis under the Cannabis Control Act, a controlled | 24 | | substance under the Illinois Controlled Substances Act, an | 25 | | intoxicating compound under the Use of Intoxicating | 26 | | Compounds Act, or methamphetamine under the |
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| 1 | | Methamphetamine Control and Community Protection Act; and | 2 | | (B) the successful completion of any rehabilitative | 3 | | treatment and involvement in any ongoing rehabilitative | 4 | | activity that may be recommended by a properly licensed | 5 | | service provider according to an assessment of the | 6 | | person's alcohol or drug use under Section 11-501.01 of | 7 | | this Code. | 8 | | In determining whether an applicant is eligible for a | 9 | | restricted driving permit under this paragraph (1.5), the | 10 | | Secretary may consider any relevant evidence, including, but | 11 | | not limited to, testimony, affidavits, records, and the | 12 | | results of regular alcohol or drug tests. Persons subject to | 13 | | the provisions of paragraph 4 of subsection (b) of Section | 14 | | 6-208 of this Code and who have been convicted of more than one | 15 | | violation of paragraph (3), paragraph (4), or paragraph (5) of | 16 | | subsection (a) of Section 11-501 of this Code shall not be | 17 | | eligible to apply for a restricted driving permit. | 18 | | A restricted driving permit issued under this paragraph | 19 | | (1.5) shall provide that the holder may only operate motor | 20 | | vehicles equipped with an ignition interlock device as | 21 | | required under paragraph (2) of subsection (c) of this Section | 22 | | and subparagraph (A) of paragraph 3 of subsection (c) of | 23 | | Section 6-206 of this Code. The Secretary may revoke a | 24 | | restricted driving permit or amend the conditions of a | 25 | | restricted driving permit issued under this paragraph (1.5) if | 26 | | the holder operates a vehicle that is not equipped with an |
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| 1 | | ignition interlock device, or for any other reason authorized | 2 | | under this Code. | 3 | | A restricted driving permit issued under this paragraph | 4 | | (1.5) shall be revoked, and the holder barred from applying | 5 | | for or being issued a restricted driving permit in the future, | 6 | | if the holder is subsequently convicted of a violation of | 7 | | Section 11-501 of this Code, a similar provision of a local | 8 | | ordinance, or a similar offense in another state. | 9 | | (2) If a person's license or permit is revoked or | 10 | | suspended due to 2 or
more convictions of violating Section | 11 | | 11-501 of this Code or a similar
provision of a local ordinance | 12 | | or a similar out-of-state offense, or Section 9-3 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012, where the | 14 | | use of alcohol or other drugs is recited as an element of the | 15 | | offense, or a similar out-of-state offense, or a combination | 16 | | of these offenses, arising out
of separate occurrences, that | 17 | | person, if issued a restricted driving permit,
may not operate | 18 | | a vehicle unless it has been equipped with an ignition
| 19 | | interlock device as defined in Section 1-129.1.
| 20 | | (3) If:
| 21 | | (A) a person's license or permit is revoked or | 22 | | suspended 2 or more
times due to any combination of: | 23 | | (i)
a single conviction of violating Section
| 24 | | 11-501 of this Code or a similar provision of a local | 25 | | ordinance or a similar
out-of-state offense, or | 26 | | Section 9-3 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, where the use of alcohol or | 2 | | other drugs is recited as an element of the offense, or | 3 | | a similar out-of-state offense; or | 4 | | (ii)
a statutory summary suspension or revocation | 5 | | under Section
11-501.1; or | 6 | | (iii)
a suspension pursuant to Section 6-203.1;
| 7 | | arising out of
separate occurrences; or | 8 | | (B)
a person has been convicted of one violation of | 9 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 10 | | of Section 11-501 of this Code, Section 9-3 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | relating to the offense of reckless homicide where the use | 13 | | of alcohol or other drugs was recited as an element of the | 14 | | offense, or a similar provision of a law of another state;
| 15 | | that person, if issued a restricted
driving permit, may not | 16 | | operate a vehicle unless it has been equipped with an
ignition | 17 | | interlock device as defined in Section 1-129.1. | 18 | | (4)
The person issued a permit conditioned on the use of an | 19 | | ignition interlock device must pay to the Secretary of State | 20 | | DUI Administration Fund an amount
not to exceed $30 per month. | 21 | | The Secretary shall establish by rule the amount
and the | 22 | | procedures, terms, and conditions relating to these fees. | 23 | | (5)
If the restricted driving permit is issued for | 24 | | employment purposes, then
the prohibition against operating a | 25 | | motor vehicle that is not equipped with an ignition interlock | 26 | | device does not apply to the operation of an occupational |
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| 1 | | vehicle
owned or leased by that person's employer when used | 2 | | solely for employment purposes. For any person who, within a | 3 | | 5-year period, is convicted of a second or subsequent offense | 4 | | under Section 11-501 of this Code, or a similar provision of a | 5 | | local ordinance or similar out-of-state offense, this | 6 | | employment exemption does not apply until either a one-year | 7 | | period has elapsed during which that person had his or her | 8 | | driving privileges revoked or a one-year period has elapsed | 9 | | during which that person had a restricted driving permit which | 10 | | required the use of an ignition interlock device on every | 11 | | motor vehicle owned or operated by that person. | 12 | | (6)
In each case the Secretary of State may issue a
| 13 | | restricted driving permit for a period he deems appropriate, | 14 | | except that the
permit shall expire no later than 2 years from | 15 | | the date of issuance. A restricted
driving permit issued under | 16 | | this Section shall be
subject to cancellation, revocation, and | 17 | | suspension by the Secretary of
State in like manner and for | 18 | | like cause as a driver's license issued
under this Code may be | 19 | | cancelled, revoked, or
suspended; except that a conviction | 20 | | upon one or more offenses against laws or
ordinances | 21 | | regulating the movement of traffic shall be deemed sufficient | 22 | | cause
for the revocation, suspension, or cancellation of a | 23 | | restricted driving permit.
The Secretary of State may, as a | 24 | | condition to the issuance of a restricted
driving permit, | 25 | | require the petitioner to participate in a designated driver
| 26 | | remedial or rehabilitative program. The Secretary of State is |
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| 1 | | authorized to
cancel a restricted driving permit if the permit | 2 | | holder does not successfully
complete the program. However, if | 3 | | an individual's driving privileges have been
revoked in | 4 | | accordance with paragraph 13 of subsection (a) of this | 5 | | Section, no
restricted driving permit shall be issued until | 6 | | the individual has served 6
months of the revocation period.
| 7 | | (c-5) (Blank).
| 8 | | (c-6) If a person is convicted of a second violation of | 9 | | operating a motor vehicle while the person's driver's license, | 10 | | permit or privilege was revoked, where the revocation was for | 11 | | a violation of Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012 relating to the offense of reckless | 13 | | homicide or a similar out-of-state offense, the person's | 14 | | driving privileges shall be revoked pursuant to subdivision | 15 | | (a)(15) of this Section. The person may not make application | 16 | | for a license or permit until the expiration of five years from | 17 | | the effective date of the revocation or the expiration of five | 18 | | years from the date of release from a term of imprisonment, | 19 | | whichever is later. | 20 | | (c-7) If a person is convicted of a third or subsequent | 21 | | violation of operating a motor vehicle while the person's | 22 | | driver's license, permit or privilege was revoked, where the | 23 | | revocation was for a violation of Section 9-3 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012 relating to the | 25 | | offense of reckless homicide or a similar out-of-state | 26 | | offense, the person may never apply for a license or permit. |
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| 1 | | (d)(1) Whenever a person under the age of 21 is convicted | 2 | | under Section
11-501 of this Code or a similar provision of a | 3 | | local ordinance or a similar out-of-state offense, the
| 4 | | Secretary of State shall revoke the driving privileges of that | 5 | | person. One
year after the date of revocation, and upon | 6 | | application, the Secretary of
State may, if satisfied that the | 7 | | person applying will not endanger the
public safety or | 8 | | welfare, issue a restricted driving permit granting the
| 9 | | privilege of driving a motor vehicle only between the hours of | 10 | | 5 a.m. and 9
p.m. or as otherwise provided by this Section for | 11 | | a period of one year.
After this one-year period, and upon | 12 | | reapplication for a license as
provided in Section 6-106, upon | 13 | | payment of the appropriate reinstatement
fee provided under | 14 | | paragraph (b) of Section 6-118, the Secretary of State,
in his | 15 | | discretion, may
reinstate the petitioner's driver's license | 16 | | and driving privileges, or extend the restricted driving | 17 | | permit as many times as the
Secretary of State deems | 18 | | appropriate, by additional periods of not more than
24 months | 19 | | each.
| 20 | | (2) If a person's license or permit is revoked or | 21 | | suspended due to 2 or
more convictions of violating | 22 | | Section 11-501 of this Code or a similar
provision of a | 23 | | local ordinance or a similar out-of-state offense, or | 24 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 25 | | Code of 2012, where the use of alcohol or other drugs is | 26 | | recited as an element of the offense, or a similar |
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| 1 | | out-of-state offense, or a combination of these offenses, | 2 | | arising out
of separate occurrences, that person, if | 3 | | issued a restricted driving permit,
may not operate a | 4 | | vehicle unless it has been equipped with an ignition
| 5 | | interlock device as defined in Section 1-129.1.
| 6 | | (3) If a person's license or permit is revoked or | 7 | | suspended 2 or more times
due to any combination of: | 8 | | (A) a single conviction of violating Section | 9 | | 11-501
of this
Code or a similar provision of a local | 10 | | ordinance or a similar out-of-state
offense, or | 11 | | Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, where the use of alcohol or | 13 | | other drugs is recited as an element of the offense, or | 14 | | a similar out-of-state offense; or | 15 | | (B)
a statutory summary suspension or revocation | 16 | | under Section 11-501.1; or | 17 | | (C) a suspension pursuant to Section 6-203.1; | 18 | | arising out of separate occurrences, that person, if | 19 | | issued a
restricted
driving permit, may not operate a | 20 | | vehicle unless it has been equipped with an
ignition | 21 | | interlock device as defined in Section 1-129.1. | 22 | | (3.5) If a person's license or permit is revoked or | 23 | | suspended due to a conviction for a violation of | 24 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 25 | | of Section 11-501 of this Code, or a similar provision of a | 26 | | local ordinance or similar out-of-state offense, that |
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| 1 | | person, if issued a restricted driving permit, may not | 2 | | operate a vehicle unless it has been equipped with an | 3 | | ignition interlock device as defined in Section 1-129.1. | 4 | | (4)
The person issued a permit conditioned upon the | 5 | | use of an interlock device must pay to the Secretary of | 6 | | State DUI Administration Fund an amount
not to exceed $30 | 7 | | per month. The Secretary shall establish by rule the | 8 | | amount
and the procedures, terms, and conditions relating | 9 | | to these fees. | 10 | | (5)
If the restricted driving permit is issued for | 11 | | employment purposes, then
the prohibition against driving | 12 | | a vehicle that is not equipped with an ignition interlock | 13 | | device does not apply to the operation of an occupational | 14 | | vehicle
owned or leased by that person's employer when | 15 | | used solely for employment purposes. For any person who, | 16 | | within a 5-year period, is convicted of a second or | 17 | | subsequent offense under Section 11-501 of this Code, or a | 18 | | similar provision of a local ordinance or similar | 19 | | out-of-state offense, this employment exemption does not | 20 | | apply until either a one-year period has elapsed during | 21 | | which that person had his or her driving privileges | 22 | | revoked or a one-year period has elapsed during which that | 23 | | person had a restricted driving permit which required the | 24 | | use of an ignition interlock device on every motor vehicle | 25 | | owned or operated by that person. | 26 | | (6) A
restricted driving permit issued under this |
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| 1 | | Section shall be subject to
cancellation, revocation, and | 2 | | suspension by the Secretary of State in like
manner and | 3 | | for like cause as a driver's license issued under this | 4 | | Code may be
cancelled, revoked, or suspended; except that | 5 | | a conviction upon one or more
offenses against laws or | 6 | | ordinances regulating the movement of traffic
shall be | 7 | | deemed sufficient cause for the revocation, suspension, or
| 8 | | cancellation of a restricted driving permit.
| 9 | | (d-5) The revocation of the license, permit, or driving | 10 | | privileges of a person convicted of a third or subsequent | 11 | | violation of Section 6-303 of this Code committed while his or | 12 | | her driver's license, permit, or privilege was revoked because | 13 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012, relating to the offense of reckless | 15 | | homicide, or a similar provision of a law of another state, is | 16 | | permanent. The Secretary may not, at any time, issue a license | 17 | | or permit to that person.
| 18 | | (e) This Section is subject to the provisions of the | 19 | | Driver License
Compact.
| 20 | | (f) Any revocation imposed upon any person under | 21 | | subsections 2
and 3 of paragraph (b) that is in effect on | 22 | | December 31, 1988 shall be
converted to a suspension for a like | 23 | | period of time.
| 24 | | (g) The Secretary of State shall not issue a restricted | 25 | | driving permit to
a person under the age of 16 years whose | 26 | | driving privileges have been revoked
under any provisions of |
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| 1 | | this Code.
| 2 | | (h) The Secretary of State shall require the use of | 3 | | ignition interlock
devices for a period not less than 5 years | 4 | | on all vehicles owned by a person who has been convicted of a
| 5 | | second or subsequent offense under Section 11-501 of this Code | 6 | | or a similar
provision of a local ordinance. The person must | 7 | | pay to the Secretary of State DUI Administration Fund an | 8 | | amount not to exceed $30 for each month that he or she uses the | 9 | | device. The Secretary shall establish by rule and
regulation | 10 | | the procedures for certification and use of the interlock
| 11 | | system, the amount of the fee, and the procedures, terms, and | 12 | | conditions relating to these fees. During the time period in | 13 | | which a person is required to install an ignition interlock | 14 | | device under this subsection (h), that person shall only | 15 | | operate vehicles in which ignition interlock devices have been | 16 | | installed, except as allowed by subdivision (c)(5) or (d)(5) | 17 | | of this Section. Regardless of whether an exemption under | 18 | | subdivision (c) (5) or (d) (5) applies, every person subject | 19 | | to this subsection shall not be eligible for reinstatement | 20 | | until the person installs an ignition interlock device and | 21 | | maintains the ignition interlock device for 5 years.
| 22 | | (i) (Blank).
| 23 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 24 | | State may not issue a restricted driving permit for the | 25 | | operation of a commercial motor vehicle to a person holding a | 26 | | CDL whose driving privileges have been revoked, suspended, |
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| 1 | | cancelled, or disqualified under any provisions of this Code.
| 2 | | (k) The Secretary of State shall notify by mail any person | 3 | | whose driving privileges have been revoked under paragraph 16 | 4 | | of subsection (a) of this Section that his or her driving | 5 | | privileges and driver's license will be revoked 90 days from | 6 | | the date of the mailing of the notice. | 7 | | (Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19; | 8 | | 101-623, eff. 7-1-20 .)
| 9 | | (625 ILCS 5/6-206)
| 10 | | (Text of Section before amendment by P.A. 101-90, 101-470, | 11 | | and 101-623 ) | 12 | | Sec. 6-206. Discretionary authority to suspend or revoke | 13 | | license or
permit; right to a hearing.
| 14 | | (a) The Secretary of State is authorized to suspend or | 15 | | revoke the
driving privileges of any person without | 16 | | preliminary hearing upon a showing
of the person's records or | 17 | | other sufficient evidence that
the person:
| 18 | | 1. Has committed an offense for which mandatory | 19 | | revocation of
a driver's license or permit is required | 20 | | upon conviction;
| 21 | | 2. Has been convicted of not less than 3 offenses | 22 | | against traffic
regulations governing the movement of | 23 | | vehicles committed within any 12-month 12
month period. No | 24 | | revocation or suspension shall be entered more than
6 | 25 | | months after the date of last conviction;
|
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| 1 | | 3. Has been repeatedly involved as a driver in motor | 2 | | vehicle
collisions or has been repeatedly convicted of | 3 | | offenses against laws and
ordinances regulating the | 4 | | movement of traffic, to a degree that
indicates lack of | 5 | | ability to exercise ordinary and reasonable care in
the | 6 | | safe operation of a motor vehicle or disrespect for the | 7 | | traffic laws
and the safety of other persons upon the | 8 | | highway;
| 9 | | 4. Has by the unlawful operation of a motor vehicle | 10 | | caused or
contributed to an accident resulting in injury | 11 | | requiring
immediate professional treatment in a medical | 12 | | facility or doctor's office
to any person, except that any | 13 | | suspension or revocation imposed by the
Secretary of State | 14 | | under the provisions of this subsection shall start no
| 15 | | later than 6 months after being convicted of violating a | 16 | | law or
ordinance regulating the movement of traffic, which | 17 | | violation is related
to the accident, or shall start not | 18 | | more than one year
after
the date of the accident, | 19 | | whichever date occurs later;
| 20 | | 5. Has permitted an unlawful or fraudulent use of a | 21 | | driver's
license, identification card, or permit;
| 22 | | 6. Has been lawfully convicted of an offense or | 23 | | offenses in another
state, including the authorization | 24 | | contained in Section 6-203.1, which
if committed within | 25 | | this State would be grounds for suspension or revocation;
| 26 | | 7. Has refused or failed to submit to an examination |
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| 1 | | provided for by
Section 6-207 or has failed to pass the | 2 | | examination;
| 3 | | 8. Is ineligible for a driver's license or permit | 4 | | under the provisions
of Section 6-103;
| 5 | | 9. Has made a false statement or knowingly concealed a | 6 | | material fact
or has used false information or | 7 | | identification in any application for a
license, | 8 | | identification card, or permit;
| 9 | | 10. Has possessed, displayed, or attempted to | 10 | | fraudulently use any
license, identification card, or | 11 | | permit not issued to the person;
| 12 | | 11. Has operated a motor vehicle upon a highway of | 13 | | this State when
the person's driving privilege or | 14 | | privilege to obtain a driver's license
or permit was | 15 | | revoked or suspended unless the operation was authorized | 16 | | by
a monitoring device driving permit, judicial driving | 17 | | permit issued prior to January 1, 2009, probationary | 18 | | license to drive, or a restricted
driving permit issued | 19 | | under this Code;
| 20 | | 12. Has submitted to any portion of the application | 21 | | process for
another person or has obtained the services of | 22 | | another person to submit to
any portion of the application | 23 | | process for the purpose of obtaining a
license, | 24 | | identification card, or permit for some other person;
| 25 | | 13. Has operated a motor vehicle upon a highway of | 26 | | this State when
the person's driver's license or permit |
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| 1 | | was invalid under the provisions of
Sections 6-107.1 and
| 2 | | 6-110;
| 3 | | 14. Has committed a violation of Section 6-301, | 4 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 5 | | 14B of the Illinois Identification Card
Act;
| 6 | | 15. Has been convicted of violating Section 21-2 of | 7 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 8 | | relating to criminal trespass to vehicles in which case, | 9 | | the suspension
shall be for one year;
| 10 | | 16. Has been convicted of violating Section 11-204 of | 11 | | this Code relating
to fleeing from a peace officer;
| 12 | | 17. Has refused to submit to a test, or tests, as | 13 | | required under Section
11-501.1 of this Code and the | 14 | | person has not sought a hearing as
provided for in Section | 15 | | 11-501.1;
| 16 | | 18. Has, since issuance of a driver's license or | 17 | | permit, been adjudged
to be afflicted with or suffering | 18 | | from any mental disability or disease;
| 19 | | 19. Has committed a violation of paragraph (a) or (b) | 20 | | of Section 6-101
relating to driving without a driver's | 21 | | license;
| 22 | | 20. Has been convicted of violating Section 6-104 | 23 | | relating to
classification of driver's license;
| 24 | | 21. Has been convicted of violating Section 11-402 of
| 25 | | this Code relating to leaving the scene of an accident | 26 | | resulting in damage
to a vehicle in excess of $1,000, in |
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| 1 | | which case the suspension shall be
for one year;
| 2 | | 22. Has used a motor vehicle in violating paragraph | 3 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 5 | | relating
to unlawful use of weapons, in which case the | 6 | | suspension shall be for one
year;
| 7 | | 23. Has, as a driver, been convicted of committing a | 8 | | violation of
paragraph (a) of Section 11-502 of this Code | 9 | | for a second or subsequent
time within one year of a | 10 | | similar violation;
| 11 | | 24. Has been convicted by a court-martial or punished | 12 | | by non-judicial
punishment by military authorities of the | 13 | | United States at a military
installation in Illinois or in | 14 | | another state of or for a traffic-related traffic related | 15 | | offense that is the
same as or similar to an offense | 16 | | specified under Section 6-205 or 6-206 of
this Code;
| 17 | | 25. Has permitted any form of identification to be | 18 | | used by another in
the application process in order to | 19 | | obtain or attempt to obtain a license,
identification | 20 | | card, or permit;
| 21 | | 26. Has altered or attempted to alter a license or has | 22 | | possessed an
altered license, identification card, or | 23 | | permit;
| 24 | | 27. Has violated Section 6-16 of the Liquor Control | 25 | | Act of 1934;
| 26 | | 28. Has been convicted for a first time of the illegal |
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| 1 | | possession, while operating or
in actual physical control, | 2 | | as a driver, of a motor vehicle, of any
controlled | 3 | | substance prohibited under the Illinois Controlled | 4 | | Substances
Act, any cannabis prohibited under the Cannabis | 5 | | Control
Act, or any methamphetamine prohibited under the | 6 | | Methamphetamine Control and Community Protection Act, in | 7 | | which case the person's driving privileges shall be | 8 | | suspended for
one year.
Any defendant found guilty of this | 9 | | offense while operating a motor vehicle ,
shall have an | 10 | | entry made in the court record by the presiding judge that
| 11 | | this offense did occur while the defendant was operating a | 12 | | motor vehicle
and order the clerk of the court to report | 13 | | the violation to the Secretary
of State;
| 14 | | 29. Has been convicted of the following offenses that | 15 | | were committed
while the person was operating or in actual | 16 | | physical control, as a driver,
of a motor vehicle: | 17 | | criminal sexual assault,
predatory criminal sexual assault | 18 | | of a child,
aggravated criminal sexual
assault, criminal | 19 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 20 | | pimping, soliciting for a juvenile prostitute, promoting | 21 | | juvenile prostitution as described in subdivision (a)(1), | 22 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 23 | | of 1961 or the Criminal Code of 2012, and the manufacture, | 24 | | sale or
delivery of controlled substances or instruments | 25 | | used for illegal drug use
or abuse in which case the | 26 | | driver's driving privileges shall be suspended
for one |
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| 1 | | year;
| 2 | | 30. Has been convicted a second or subsequent time for | 3 | | any
combination of the offenses named in paragraph 29 of | 4 | | this subsection,
in which case the person's driving | 5 | | privileges shall be suspended for 5
years;
| 6 | | 31. Has refused to submit to a test as
required by | 7 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 8 | | Registration and Safety Act or has submitted to a test | 9 | | resulting in
an alcohol concentration of 0.08 or more or | 10 | | any amount of a drug, substance, or
compound resulting | 11 | | from the unlawful use or consumption of cannabis as listed
| 12 | | in the Cannabis Control Act, a controlled substance as | 13 | | listed in the Illinois
Controlled Substances Act, an | 14 | | intoxicating compound as listed in the Use of
Intoxicating | 15 | | Compounds Act, or methamphetamine as listed in the | 16 | | Methamphetamine Control and Community Protection Act, in | 17 | | which case the penalty shall be
as prescribed in Section | 18 | | 6-208.1;
| 19 | | 32. Has been convicted of Section 24-1.2 of the | 20 | | Criminal Code of
1961 or the Criminal Code of 2012 | 21 | | relating to the aggravated discharge of a firearm if the | 22 | | offender was
located in a motor vehicle at the time the | 23 | | firearm was discharged, in which
case the suspension shall | 24 | | be for 3 years;
| 25 | | 33. Has as a driver, who was less than 21 years of age | 26 | | on the date of
the offense, been convicted a first time of |
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| 1 | | a violation of paragraph (a) of
Section 11-502 of this | 2 | | Code or a similar provision of a local ordinance;
| 3 | | 34. Has committed a violation of Section 11-1301.5 of | 4 | | this Code or a similar provision of a local ordinance;
| 5 | | 35. Has committed a violation of Section 11-1301.6 of | 6 | | this Code or a similar provision of a local ordinance;
| 7 | | 36. Is under the age of 21 years at the time of arrest | 8 | | and has been
convicted of not less than 2 offenses against | 9 | | traffic regulations governing
the movement of vehicles | 10 | | committed within any 24-month 24 month period. No | 11 | | revocation
or suspension shall be entered more than 6 | 12 | | months after the date of last
conviction;
| 13 | | 37. Has committed a violation of subsection (c) of | 14 | | Section 11-907 of this
Code that resulted in damage to the | 15 | | property of another or the death or injury of another;
| 16 | | 38. Has been convicted of a violation of Section 6-20 | 17 | | of the Liquor
Control Act of 1934 or a similar provision of | 18 | | a local ordinance;
| 19 | | 39. Has committed a second or subsequent violation of | 20 | | Section
11-1201 of this Code;
| 21 | | 40. Has committed a violation of subsection (a-1) of | 22 | | Section 11-908 of
this Code; | 23 | | 41. Has committed a second or subsequent violation of | 24 | | Section 11-605.1 of this Code, a similar provision of a | 25 | | local ordinance, or a similar violation in any other state | 26 | | within 2 years of the date of the previous violation, in |
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| 1 | | which case the suspension shall be for 90 days; | 2 | | 42. Has committed a violation of subsection (a-1) of | 3 | | Section 11-1301.3 of this Code or a similar provision of a | 4 | | local ordinance;
| 5 | | 43. Has received a disposition of court supervision | 6 | | for a violation of subsection (a), (d), or (e) of Section | 7 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 8 | | provision of a local ordinance, in which case the | 9 | | suspension shall be for a period of 3 months;
| 10 | | 44.
Is under the age of 21 years at the time of arrest | 11 | | and has been convicted of an offense against traffic | 12 | | regulations governing the movement of vehicles after | 13 | | having previously had his or her driving privileges
| 14 | | suspended or revoked pursuant to subparagraph 36 of this | 15 | | Section; | 16 | | 45.
Has, in connection with or during the course of a | 17 | | formal hearing conducted under Section 2-118 of this Code: | 18 | | (i) committed perjury; (ii) submitted fraudulent or | 19 | | falsified documents; (iii) submitted documents that have | 20 | | been materially altered; or (iv) submitted, as his or her | 21 | | own, documents that were in fact prepared or composed for | 22 | | another person; | 23 | | 46. Has committed a violation of subsection (j) of | 24 | | Section 3-413 of this Code;
| 25 | | 47. Has committed a violation of Section 11-502.1 of | 26 | | this Code; or |
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| 1 | | 48. Has submitted a falsified or altered medical | 2 | | examiner's certificate to the Secretary of State or | 3 | | provided false information to obtain a medical examiner's | 4 | | certificate. | 5 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 6 | | and 27 of this
subsection, license means any driver's license, | 7 | | any traffic ticket issued when
the person's driver's license | 8 | | is deposited in lieu of bail, a suspension
notice issued by the | 9 | | Secretary of State, a duplicate or corrected driver's
license, | 10 | | a probationary driver's license , or a temporary driver's | 11 | | license. | 12 | | (b) If any conviction forming the basis of a suspension or
| 13 | | revocation authorized under this Section is appealed, the
| 14 | | Secretary of State may rescind or withhold the entry of the | 15 | | order of suspension
or revocation, as the case may be, | 16 | | provided that a certified copy of a stay
order of a court is | 17 | | filed with the Secretary of State. If the conviction is
| 18 | | affirmed on appeal, the date of the conviction shall relate | 19 | | back to the time
the original judgment of conviction was | 20 | | entered and the 6-month 6 month limitation
prescribed shall | 21 | | not apply.
| 22 | | (c) 1. Upon suspending or revoking the driver's license or | 23 | | permit of
any person as authorized in this Section, the | 24 | | Secretary of State shall
immediately notify the person in | 25 | | writing of the revocation or suspension.
The notice to be | 26 | | deposited in the United States mail, postage prepaid,
to the |
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| 1 | | last known address of the person.
| 2 | | 2. If the Secretary of State suspends the driver's license
| 3 | | of a person under subsection 2 of paragraph (a) of this | 4 | | Section, a
person's privilege to operate a vehicle as an | 5 | | occupation shall not be
suspended, provided an affidavit is | 6 | | properly completed, the appropriate fee
received, and a permit | 7 | | issued prior to the effective date of the
suspension, unless 5 | 8 | | offenses were committed, at least 2 of which occurred
while | 9 | | operating a commercial vehicle in connection with the driver's
| 10 | | regular occupation. All other driving privileges shall be | 11 | | suspended by the
Secretary of State. Any driver prior to | 12 | | operating a vehicle for
occupational purposes only must submit | 13 | | the affidavit on forms to be
provided by the Secretary of State | 14 | | setting forth the facts of the person's
occupation. The | 15 | | affidavit shall also state the number of offenses
committed | 16 | | while operating a vehicle in connection with the driver's | 17 | | regular
occupation. The affidavit shall be accompanied by the | 18 | | driver's license.
Upon receipt of a properly completed | 19 | | affidavit, the Secretary of State
shall issue the driver a | 20 | | permit to operate a vehicle in connection with the
driver's | 21 | | regular occupation only. Unless the permit is issued by the
| 22 | | Secretary of State prior to the date of suspension, the | 23 | | privilege to drive
any motor vehicle shall be suspended as set | 24 | | forth in the notice that was
mailed under this Section. If an | 25 | | affidavit is received subsequent to the
effective date of this | 26 | | suspension, a permit may be issued for the remainder
of the |
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| 1 | | suspension period.
| 2 | | The provisions of this subparagraph shall not apply to any | 3 | | driver
required to possess a CDL for the purpose of operating a | 4 | | commercial motor vehicle.
| 5 | | Any person who falsely states any fact in the affidavit | 6 | | required
herein shall be guilty of perjury under Section 6-302 | 7 | | and upon conviction
thereof shall have all driving privileges | 8 | | revoked without further rights.
| 9 | | 3. At the conclusion of a hearing under Section 2-118 of | 10 | | this Code,
the Secretary of State shall either rescind or | 11 | | continue an order of
revocation or shall substitute an order | 12 | | of suspension; or, good
cause appearing therefor, rescind, | 13 | | continue, change, or extend the
order of suspension. If the | 14 | | Secretary of State does not rescind the order,
the Secretary | 15 | | may upon application,
to relieve undue hardship (as defined by | 16 | | the rules of the Secretary of State), issue
a restricted | 17 | | driving permit granting the privilege of driving a motor
| 18 | | vehicle between the petitioner's residence and petitioner's | 19 | | place of
employment or within the scope of the petitioner's | 20 | | employment-related employment related duties, or to
allow the | 21 | | petitioner to transport himself or herself, or a family member | 22 | | of the
petitioner's household to a medical facility, to | 23 | | receive necessary medical care, to allow the petitioner to | 24 | | transport himself or herself to and from alcohol or drug
| 25 | | remedial or rehabilitative activity recommended by a licensed | 26 | | service provider, or to allow the petitioner to transport |
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| 1 | | himself or herself or a family member of the petitioner's | 2 | | household to classes, as a student, at an accredited | 3 | | educational institution, or to allow the petitioner to | 4 | | transport children, elderly persons, or persons with | 5 | | disabilities who do not hold driving privileges and are living | 6 | | in the petitioner's household to and from daycare. The
| 7 | | petitioner must demonstrate that no alternative means of
| 8 | | transportation is reasonably available and that the petitioner | 9 | | will not endanger
the public safety or welfare.
| 10 | | (A) If a person's license or permit is revoked or | 11 | | suspended due to 2
or more convictions of violating | 12 | | Section 11-501 of this Code or a similar
provision of a | 13 | | local ordinance or a similar out-of-state offense, or | 14 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 15 | | Code of 2012, where the use of alcohol or other drugs is | 16 | | recited as an element of the offense, or a similar | 17 | | out-of-state offense, or a combination of these offenses, | 18 | | arising out
of separate occurrences, that person, if | 19 | | issued a restricted driving permit,
may not operate a | 20 | | vehicle unless it has been equipped with an ignition
| 21 | | interlock device as defined in Section 1-129.1.
| 22 | | (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 |
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| 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 | 9 | | issued a restricted driving permit, may
not operate a | 10 | | vehicle unless it has been
equipped with an ignition | 11 | | interlock 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 | 21 | | use of an ignition interlock device must pay to the | 22 | | Secretary of State DUI Administration Fund an amount
not | 23 | | to exceed $30 per month. The Secretary shall establish by | 24 | | rule the amount
and the procedures, terms, and conditions | 25 | | relating to these fees. | 26 | | (D) If the
restricted driving permit is issued for |
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| 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 | 5 | | person's employer when used solely for employment | 6 | | purposes. For any person who, within a 5-year period, is | 7 | | convicted of a second or subsequent offense under Section | 8 | | 11-501 of this Code, or a similar provision of a local | 9 | | ordinance or similar out-of-state offense, this employment | 10 | | exemption does not apply until either a one-year period | 11 | | has elapsed during which that person had his or her | 12 | | driving privileges revoked or a one-year period has | 13 | | elapsed during which that person had a restricted driving | 14 | | permit which required the use of an ignition interlock | 15 | | device on every motor vehicle owned or operated by that | 16 | | person. | 17 | | (E) In each case the Secretary may issue a
restricted | 18 | | driving permit for a period deemed appropriate, except | 19 | | that all
permits shall expire no later than 2 years from | 20 | | the date of issuance. A
restricted driving permit issued | 21 | | under this Section shall be subject to
cancellation, | 22 | | revocation, and suspension by the Secretary of State in | 23 | | like
manner and for like cause as a driver's license | 24 | | issued under this Code may be
cancelled, revoked, or | 25 | | suspended; except that a conviction upon one or more
| 26 | | offenses against laws or ordinances regulating the |
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| 1 | | movement of traffic
shall be deemed sufficient cause for | 2 | | the revocation, suspension, or
cancellation of a | 3 | | restricted driving permit. The Secretary of State may, as
| 4 | | a condition to the issuance of a restricted driving | 5 | | permit, require the
applicant to participate in a | 6 | | designated driver remedial or rehabilitative
program. The | 7 | | Secretary of State is authorized to cancel a restricted
| 8 | | driving permit if the permit holder does not successfully | 9 | | complete the program.
| 10 | | (F) A person subject to the provisions of paragraph 4 | 11 | | of subsection (b) of Section 6-208 of this Code may make | 12 | | application for a restricted driving permit at a hearing | 13 | | conducted under Section 2-118 of this Code after the | 14 | | expiration of 5 years from the effective date of the most | 15 | | recent revocation or after 5 years from the date of | 16 | | release from a period of imprisonment resulting from a | 17 | | conviction of the most recent offense, whichever is later, | 18 | | provided the person, in addition to all other requirements | 19 | | of the Secretary, shows by clear and convincing evidence: | 20 | | (i) a minimum of 3 years of uninterrupted | 21 | | abstinence from alcohol and the unlawful use or | 22 | | consumption of cannabis under the Cannabis Control | 23 | | Act, a controlled substance under the Illinois | 24 | | Controlled Substances Act, an intoxicating compound | 25 | | under the Use of Intoxicating Compounds Act, or | 26 | | methamphetamine under the Methamphetamine Control and |
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| 1 | | Community Protection Act; and | 2 | | (ii) the successful completion of any | 3 | | rehabilitative treatment and involvement in any | 4 | | ongoing rehabilitative activity that may be | 5 | | recommended by a properly licensed service provider | 6 | | according to an assessment of the person's alcohol or | 7 | | drug use under Section 11-501.01 of this Code. | 8 | | In determining whether an applicant is eligible for a | 9 | | restricted driving permit under this subparagraph (F), the | 10 | | Secretary may consider any relevant evidence, including, | 11 | | but not limited to, testimony, affidavits, records, and | 12 | | the results of regular alcohol or drug tests. Persons | 13 | | subject to the provisions of paragraph 4 of subsection (b) | 14 | | of Section 6-208 of this Code and who have been convicted | 15 | | of more than one violation of paragraph (3), paragraph | 16 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 17 | | of this Code shall not be eligible to apply for a | 18 | | restricted driving permit under this subparagraph (F). | 19 | | A restricted driving permit issued under this | 20 | | subparagraph (F) shall provide that the holder may only | 21 | | operate motor vehicles equipped with an ignition interlock | 22 | | device as required under paragraph (2) of subsection (c) | 23 | | of Section 6-205 of this Code and subparagraph (A) of | 24 | | paragraph 3 of subsection (c) of this Section. The | 25 | | Secretary may revoke a restricted driving permit or amend | 26 | | the conditions of a restricted driving permit issued under |
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| 1 | | this subparagraph (F) if the holder operates a vehicle | 2 | | that is not equipped with an ignition interlock device, or | 3 | | for any other reason authorized under this Code. | 4 | | A restricted driving permit issued under this | 5 | | subparagraph (F) shall be revoked, and the holder barred | 6 | | from applying for or being issued a restricted driving | 7 | | permit in the future, if the holder is convicted of a | 8 | | violation of Section 11-501 of this Code, a similar | 9 | | provision of a local ordinance, or a similar offense in | 10 | | another state. | 11 | | (c-3) In the case of a suspension under paragraph 43 of | 12 | | subsection (a), reports received by the Secretary of State | 13 | | under this Section shall, except during the actual time the | 14 | | suspension is in effect, be privileged information and for use | 15 | | only by the courts, police officers, prosecuting authorities, | 16 | | the driver licensing administrator of any other state, the | 17 | | Secretary of State, or the parent or legal guardian of a driver | 18 | | under the age of 18. However, beginning January 1, 2008, if the | 19 | | person is a CDL holder, the suspension shall also be made | 20 | | available to the driver licensing administrator of any other | 21 | | state, the U.S. Department of Transportation, and the affected | 22 | | driver or motor
carrier or prospective motor carrier upon | 23 | | request.
| 24 | | (c-4) In the case of a suspension under paragraph 43 of | 25 | | subsection (a), the Secretary of State shall notify the person | 26 | | by mail that his or her driving privileges and driver's |
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| 1 | | license will be suspended one month after the date of the | 2 | | mailing of the notice.
| 3 | | (c-5) The Secretary of State may, as a condition of the | 4 | | reissuance of a
driver's license or permit to an applicant | 5 | | whose driver's license or permit has
been suspended before he | 6 | | or she reached the age of 21 years pursuant to any of
the | 7 | | provisions of this Section, require the applicant to | 8 | | participate in a
driver remedial education course and be | 9 | | retested under Section 6-109 of this
Code.
| 10 | | (d) This Section is subject to the provisions of the | 11 | | Driver Drivers License
Compact.
| 12 | | (e) The Secretary of State shall not issue a restricted | 13 | | driving permit to
a person under the age of 16 years whose | 14 | | driving privileges have been suspended
or revoked under any | 15 | | provisions of this Code.
| 16 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 17 | | State may not issue a restricted driving permit for the | 18 | | operation of a commercial motor vehicle to a person holding a | 19 | | CDL whose driving privileges have been suspended, revoked, | 20 | | cancelled, or disqualified under any provisions of this Code. | 21 | | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | 22 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. | 23 | | 7-22-16; 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .) | 24 | | (Text of Section after amendment by P.A. 101-90, 101-470, | 25 | | and 101-623) |
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| 1 | | Sec. 6-206. Discretionary authority to suspend or revoke | 2 | | license or
permit; right to a hearing.
| 3 | | (a) The Secretary of State is authorized to suspend or | 4 | | revoke the
driving privileges of any person without | 5 | | preliminary hearing upon a showing
of the person's records or | 6 | | other sufficient evidence that
the person:
| 7 | | 1. Has committed an offense for which mandatory | 8 | | revocation of
a driver's license or permit is required | 9 | | upon conviction;
| 10 | | 2. Has been convicted of not less than 3 offenses | 11 | | against traffic
regulations governing the movement of | 12 | | vehicles committed within any 12-month 12
month period. No | 13 | | revocation or suspension shall be entered more than
6 | 14 | | months after the date of last conviction;
| 15 | | 3. Has been repeatedly involved as a driver in motor | 16 | | vehicle
collisions or has been repeatedly convicted of | 17 | | offenses against laws and
ordinances regulating the | 18 | | movement of traffic, to a degree that
indicates lack of | 19 | | ability to exercise ordinary and reasonable care in
the | 20 | | safe operation of a motor vehicle or disrespect for the | 21 | | traffic laws
and the safety of other persons upon the | 22 | | highway;
| 23 | | 4. Has by the unlawful operation of a motor vehicle | 24 | | caused or
contributed to an accident resulting in injury | 25 | | requiring
immediate professional treatment in a medical | 26 | | facility or doctor's office
to any person, except that any |
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| 1 | | suspension or revocation imposed by the
Secretary of State | 2 | | under the provisions of this subsection shall start no
| 3 | | later than 6 months after being convicted of violating a | 4 | | law or
ordinance regulating the movement of traffic, which | 5 | | violation is related
to the accident, or shall start not | 6 | | more than one year
after
the date of the accident, | 7 | | whichever date occurs later;
| 8 | | 5. Has permitted an unlawful or fraudulent use of a | 9 | | driver's
license, identification card, or permit;
| 10 | | 6. Has been lawfully convicted of an offense or | 11 | | offenses in another
state, including the authorization | 12 | | contained in Section 6-203.1, which
if committed within | 13 | | this State would be grounds for suspension or revocation;
| 14 | | 7. Has refused or failed to submit to an examination | 15 | | provided for by
Section 6-207 or has failed to pass the | 16 | | examination;
| 17 | | 8. Is ineligible for a driver's license or permit | 18 | | under the provisions
of Section 6-103;
| 19 | | 9. Has made a false statement or knowingly concealed a | 20 | | material fact
or has used false information or | 21 | | identification in any application for a
license, | 22 | | identification card, or permit;
| 23 | | 10. Has possessed, displayed, or attempted to | 24 | | fraudulently use any
license, identification card, or | 25 | | permit not issued to the person;
| 26 | | 11. Has operated a motor vehicle upon a highway of |
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| 1 | | this State when
the person's driving privilege or | 2 | | privilege to obtain a driver's license
or permit was | 3 | | revoked or suspended unless the operation was authorized | 4 | | by
a monitoring device driving permit, judicial driving | 5 | | permit issued prior to January 1, 2009, probationary | 6 | | license to drive, or a restricted
driving permit issued | 7 | | under this Code;
| 8 | | 12. Has submitted to any portion of the application | 9 | | process for
another person or has obtained the services of | 10 | | another person to submit to
any portion of the application | 11 | | process for the purpose of obtaining a
license, | 12 | | identification card, or permit for some other person;
| 13 | | 13. Has operated a motor vehicle upon a highway of | 14 | | this State when
the person's driver's license or permit | 15 | | was invalid under the provisions of
Sections 6-107.1 and
| 16 | | 6-110;
| 17 | | 14. Has committed a violation of Section 6-301, | 18 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 19 | | 14B of the Illinois Identification Card
Act;
| 20 | | 15. Has been convicted of violating Section 21-2 of | 21 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 22 | | relating to criminal trespass to vehicles if the person | 23 | | exercised actual physical control over the vehicle during | 24 | | the commission of the offense, in which case the | 25 | | suspension
shall be for one year;
| 26 | | 16. Has been convicted of violating Section 11-204 of |
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| 1 | | this Code relating
to fleeing from a peace officer;
| 2 | | 17. Has refused to submit to a test, or tests, as | 3 | | required under Section
11-501.1 of this Code and the | 4 | | person has not sought a hearing as
provided for in Section | 5 | | 11-501.1;
| 6 | | 18. (Blank);
| 7 | | 19. Has committed a violation of paragraph (a) or (b) | 8 | | of Section 6-101
relating to driving without a driver's | 9 | | license;
| 10 | | 20. Has been convicted of violating Section 6-104 | 11 | | relating to
classification of driver's license;
| 12 | | 21. Has been convicted of violating Section 11-402 of
| 13 | | this Code relating to leaving the scene of an accident | 14 | | resulting in damage
to a vehicle in excess of $1,000, in | 15 | | which case the suspension shall be
for one year;
| 16 | | 22. Has used a motor vehicle in violating paragraph | 17 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 18 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | relating
to unlawful use of weapons, in which case the | 20 | | suspension shall be for one
year;
| 21 | | 23. Has, as a driver, been convicted of committing a | 22 | | violation of
paragraph (a) of Section 11-502 of this Code | 23 | | for a second or subsequent
time within one year of a | 24 | | similar violation;
| 25 | | 24. Has been convicted by a court-martial or punished | 26 | | by non-judicial
punishment by military authorities of the |
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| 1 | | United States at a military
installation in Illinois or in | 2 | | another state of or for a traffic-related traffic related | 3 | | offense that is the
same as or similar to an offense | 4 | | specified under Section 6-205 or 6-206 of
this Code;
| 5 | | 25. Has permitted any form of identification to be | 6 | | used by another in
the application process in order to | 7 | | obtain or attempt to obtain a license,
identification | 8 | | card, or permit;
| 9 | | 26. Has altered or attempted to alter a license or has | 10 | | possessed an
altered license, identification card, or | 11 | | permit;
| 12 | | 27. (Blank);
| 13 | | 28. Has been convicted for a first time of the illegal | 14 | | possession, while operating or
in actual physical control, | 15 | | as a driver, of a motor vehicle, of any
controlled | 16 | | substance prohibited under the Illinois Controlled | 17 | | Substances
Act, any cannabis prohibited under the Cannabis | 18 | | Control
Act, or any methamphetamine prohibited under the | 19 | | Methamphetamine Control and Community Protection Act, in | 20 | | which case the person's driving privileges shall be | 21 | | suspended for
one year.
Any defendant found guilty of this | 22 | | offense while operating a motor vehicle ,
shall have an | 23 | | entry made in the court record by the presiding judge that
| 24 | | this offense did occur while the defendant was operating a | 25 | | motor vehicle
and order the clerk of the court to report | 26 | | the violation to the Secretary
of State;
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| 1 | | 29. Has been convicted of the following offenses that | 2 | | were committed
while the person was operating or in actual | 3 | | physical control, as a driver,
of a motor vehicle: | 4 | | criminal sexual assault,
predatory criminal sexual assault | 5 | | of a child,
aggravated criminal sexual
assault, criminal | 6 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 7 | | pimping, soliciting for a juvenile prostitute, promoting | 8 | | juvenile prostitution as described in subdivision (a)(1), | 9 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012, and the manufacture, | 11 | | sale or
delivery of controlled substances or instruments | 12 | | used for illegal drug use
or abuse in which case the | 13 | | driver's driving privileges shall be suspended
for one | 14 | | year;
| 15 | | 30. Has been convicted a second or subsequent time for | 16 | | any
combination of the offenses named in paragraph 29 of | 17 | | this subsection,
in which case the person's driving | 18 | | privileges shall be suspended for 5
years;
| 19 | | 31. Has refused to submit to a test as
required by | 20 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 21 | | Registration and Safety Act or has submitted to a test | 22 | | resulting in
an alcohol concentration of 0.08 or more or | 23 | | any amount of a drug, substance, or
compound resulting | 24 | | from the unlawful use or consumption of cannabis as listed
| 25 | | in the Cannabis Control Act, a controlled substance as | 26 | | listed in the Illinois
Controlled Substances Act, an |
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| 1 | | intoxicating compound as listed in the Use of
Intoxicating | 2 | | Compounds Act, or methamphetamine as listed in the | 3 | | Methamphetamine Control and Community Protection Act, in | 4 | | which case the penalty shall be
as prescribed in Section | 5 | | 6-208.1;
| 6 | | 32. Has been convicted of Section 24-1.2 of the | 7 | | Criminal Code of
1961 or the Criminal Code of 2012 | 8 | | relating to the aggravated discharge of a firearm if the | 9 | | offender was
located in a motor vehicle at the time the | 10 | | firearm was discharged, in which
case the suspension shall | 11 | | be for 3 years;
| 12 | | 33. Has as a driver, who was less than 21 years of age | 13 | | on the date of
the offense, been convicted a first time of | 14 | | a violation of paragraph (a) of
Section 11-502 of this | 15 | | Code or a similar provision of a local ordinance;
| 16 | | 34. Has committed a violation of Section 11-1301.5 of | 17 | | this Code or a similar provision of a local ordinance;
| 18 | | 35. Has committed a violation of Section 11-1301.6 of | 19 | | this Code or a similar provision of a local ordinance;
| 20 | | 36. Is under the age of 21 years at the time of arrest | 21 | | and has been
convicted of not less than 2 offenses against | 22 | | traffic regulations governing
the movement of vehicles | 23 | | committed within any 24-month 24 month period. No | 24 | | revocation
or suspension shall be entered more than 6 | 25 | | months after the date of last
conviction;
| 26 | | 37. Has committed a violation of subsection (c) of |
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| 1 | | Section 11-907 of this
Code that resulted in damage to the | 2 | | property of another or the death or injury of another;
| 3 | | 38. Has been convicted of a violation of Section 6-20 | 4 | | of the Liquor
Control Act of 1934 or a similar provision of | 5 | | a local ordinance and the person was an occupant of a motor | 6 | | vehicle at the time of the violation;
| 7 | | 39. Has committed a second or subsequent violation of | 8 | | Section
11-1201 of this Code;
| 9 | | 40. Has committed a violation of subsection (a-1) of | 10 | | Section 11-908 of
this Code; | 11 | | 41. Has committed a second or subsequent violation of | 12 | | Section 11-605.1 of this Code, a similar provision of a | 13 | | local ordinance, or a similar violation in any other state | 14 | | within 2 years of the date of the previous violation, in | 15 | | which case the suspension shall be for 90 days; | 16 | | 42. Has committed a violation of subsection (a-1) of | 17 | | Section 11-1301.3 of this Code or a similar provision of a | 18 | | local ordinance;
| 19 | | 43. Has received a disposition of court supervision | 20 | | for a violation of subsection (a), (d), or (e) of Section | 21 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 22 | | provision of a local ordinance and the person was an | 23 | | occupant of a motor vehicle at the time of the violation, | 24 | | in which case the suspension shall be for a period of 3 | 25 | | months;
| 26 | | 44.
Is under the age of 21 years at the time of arrest |
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| 1 | | and has been convicted of an offense against traffic | 2 | | regulations governing the movement of vehicles after | 3 | | having previously had his or her driving privileges
| 4 | | suspended or revoked pursuant to subparagraph 36 of this | 5 | | Section; | 6 | | 45.
Has, in connection with or during the course of a | 7 | | formal hearing conducted under Section 2-118 of this Code: | 8 | | (i) committed perjury; (ii) submitted fraudulent or | 9 | | falsified documents; (iii) submitted documents that have | 10 | | been materially altered; or (iv) submitted, as his or her | 11 | | own, documents that were in fact prepared or composed for | 12 | | another person; | 13 | | 46. Has committed a violation of subsection (j) of | 14 | | Section 3-413 of this Code;
| 15 | | 47. Has committed a violation of subsection (a) of | 16 | | Section 11-502.1 of this Code; | 17 | | 48. Has submitted a falsified or altered medical | 18 | | examiner's certificate to the Secretary of State or | 19 | | provided false information to obtain a medical examiner's | 20 | | certificate; or | 21 | | 49. Has been convicted of a violation of Section | 22 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 23 | | another, in which case the driving privileges of the | 24 | | person shall be suspended for 12 months; or | 25 | | 50. Has committed a violation of subsection (b-5) of | 26 | | Section 12-610.2 that resulted in great bodily harm, |
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| 1 | | permanent disability, or disfigurement, in which case the | 2 | | driving privileges of the person shall be suspended for 12 | 3 | | months. | 4 | | 49. Has committed a violation of subsection (b-5) of | 5 | | Section 12-610.2 that resulted in great bodily harm, | 6 | | permanent disability, or disfigurement, in which case the | 7 | | driving privileges shall be suspended for 12 months. | 8 | | 49. Has been convicted of a violation of Section | 9 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 10 | | another, in which case the person's driving privileges | 11 | | shall be suspended for 12 months. | 12 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 13 | | and 27 of this
subsection, license means any driver's license, | 14 | | any traffic ticket issued when
the person's driver's license | 15 | | is deposited in lieu of bail, a suspension
notice issued by the | 16 | | Secretary of State, a duplicate or corrected driver's
license, | 17 | | a probationary driver's license , or a temporary driver's | 18 | | license. | 19 | | (b) If any conviction forming the basis of a suspension or
| 20 | | revocation authorized under this Section is appealed, the
| 21 | | Secretary of State may rescind or withhold the entry of the | 22 | | order of suspension
or revocation, as the case may be, | 23 | | provided that a certified copy of a stay
order of a court is | 24 | | filed with the Secretary of State. If the conviction is
| 25 | | affirmed on appeal, the date of the conviction shall relate | 26 | | back to the time
the original judgment of conviction was |
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| 1 | | entered and the 6-month 6 month limitation
prescribed shall | 2 | | not apply.
| 3 | | (c) 1. Upon suspending or revoking the driver's license or | 4 | | permit of
any person as authorized in this Section, the | 5 | | Secretary of State shall
immediately notify the person in | 6 | | writing of the revocation or suspension.
The notice to be | 7 | | deposited in the United States mail, postage prepaid,
to the | 8 | | last known address of the person.
| 9 | | 2. If the Secretary of State suspends the driver's license
| 10 | | of a person under subsection 2 of paragraph (a) of this | 11 | | Section, a
person's privilege to operate a vehicle as an | 12 | | occupation shall not be
suspended, provided an affidavit is | 13 | | properly completed, the appropriate fee
received, and a permit | 14 | | issued prior to the effective date of the
suspension, unless 5 | 15 | | offenses were committed, at least 2 of which occurred
while | 16 | | operating a commercial vehicle in connection with the driver's
| 17 | | regular occupation. All other driving privileges shall be | 18 | | suspended by the
Secretary of State. Any driver prior to | 19 | | operating a vehicle for
occupational purposes only must submit | 20 | | the affidavit on forms to be
provided by the Secretary of State | 21 | | setting forth the facts of the person's
occupation. The | 22 | | affidavit shall also state the number of offenses
committed | 23 | | while operating a vehicle in connection with the driver's | 24 | | regular
occupation. The affidavit shall be accompanied by the | 25 | | driver's license.
Upon receipt of a properly completed | 26 | | affidavit, the Secretary of State
shall issue the driver a |
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| 1 | | permit to operate a vehicle in connection with the
driver's | 2 | | regular occupation only. Unless the permit is issued by the
| 3 | | Secretary of State prior to the date of suspension, the | 4 | | privilege to drive
any motor vehicle shall be suspended as set | 5 | | forth in the notice that was
mailed under this Section. If an | 6 | | affidavit is received subsequent to the
effective date of this | 7 | | suspension, a permit may be issued for the remainder
of the | 8 | | suspension period.
| 9 | | The provisions of this subparagraph shall not apply to any | 10 | | driver
required to possess a CDL for the purpose of operating a | 11 | | commercial motor vehicle.
| 12 | | Any person who falsely states any fact in the affidavit | 13 | | required
herein shall be guilty of perjury under Section 6-302 | 14 | | and upon conviction
thereof shall have all driving privileges | 15 | | revoked without further rights.
| 16 | | 3. At the conclusion of a hearing under Section 2-118 of | 17 | | this Code,
the Secretary of State shall either rescind or | 18 | | continue an order of
revocation or shall substitute an order | 19 | | of suspension; or, good
cause appearing therefor, rescind, | 20 | | continue, change, or extend the
order of suspension. If the | 21 | | Secretary of State does not rescind the order,
the Secretary | 22 | | may upon application,
to relieve undue hardship (as defined by | 23 | | the rules of the Secretary of State), issue
a restricted | 24 | | driving permit granting the privilege of driving a motor
| 25 | | vehicle between the petitioner's residence and petitioner's | 26 | | place of
employment or within the scope of the petitioner's |
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| 1 | | employment-related employment related duties, or to
allow the | 2 | | petitioner to transport himself or herself, or a family member | 3 | | of the
petitioner's household to a medical facility, to | 4 | | receive necessary medical care, to allow the petitioner to | 5 | | transport himself or herself to and from alcohol or drug
| 6 | | remedial or rehabilitative activity recommended by a licensed | 7 | | service provider, or to allow the petitioner to transport | 8 | | himself or herself or a family member of the petitioner's | 9 | | household to classes, as a student, at an accredited | 10 | | educational institution, or to allow the petitioner to | 11 | | transport children, elderly persons, or persons with | 12 | | disabilities who do not hold driving privileges and are living | 13 | | in the petitioner's household to and from daycare. The
| 14 | | petitioner must demonstrate that no alternative means of
| 15 | | transportation is reasonably available and that the petitioner | 16 | | will not endanger
the public safety or welfare.
| 17 | | (A) If a person's license or permit is revoked or | 18 | | suspended due to 2
or more convictions of violating | 19 | | Section 11-501 of this Code or a similar
provision of a | 20 | | local ordinance or a similar out-of-state offense, or | 21 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012, where the use of alcohol or other drugs is | 23 | | recited as an element of the offense, or a similar | 24 | | out-of-state offense, or a combination of these offenses, | 25 | | arising out
of separate occurrences, that person, if | 26 | | issued a restricted driving permit,
may not operate a |
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| 1 | | vehicle unless it has been equipped with an ignition
| 2 | | interlock device as defined in Section 1-129.1.
| 3 | | (B) If 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 Section | 8 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012, where the use of alcohol or other drugs is | 10 | | recited as an element of the offense, or a similar | 11 | | out-of-state offense; or | 12 | | (ii) a statutory summary suspension or revocation | 13 | | under Section
11-501.1; or | 14 | | (iii) a suspension under Section 6-203.1; | 15 | | arising out of
separate occurrences; that person, if | 16 | | issued a restricted driving permit, may
not operate a | 17 | | vehicle unless it has been
equipped with an ignition | 18 | | interlock device as defined in Section 1-129.1. | 19 | | (B-5) If a person's license or permit is revoked or | 20 | | suspended due to a conviction for a violation of | 21 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 22 | | of Section 11-501 of this Code, or a similar provision of a | 23 | | local ordinance or similar out-of-state offense, that | 24 | | person, if issued a restricted driving permit, may not | 25 | | operate a vehicle unless it has been equipped with an | 26 | | ignition interlock device as defined in Section 1-129.1. |
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| 1 | | (C)
The person issued a permit conditioned upon the | 2 | | use of an ignition interlock device must pay to the | 3 | | Secretary of State DUI Administration Fund an amount
not | 4 | | to exceed $30 per month. The Secretary shall establish by | 5 | | rule the amount
and the procedures, terms, and conditions | 6 | | relating to these fees. | 7 | | (D) If the
restricted driving permit is issued for | 8 | | employment purposes, then the prohibition against | 9 | | operating a motor vehicle that is not equipped with an | 10 | | ignition interlock device does not apply to the operation | 11 | | of an occupational vehicle owned or
leased by that | 12 | | person's employer when used solely for employment | 13 | | purposes. For any person who, within a 5-year period, is | 14 | | convicted of a second or subsequent offense under Section | 15 | | 11-501 of this Code, or a similar provision of a local | 16 | | ordinance or similar out-of-state offense, this employment | 17 | | exemption does not apply until either a one-year period | 18 | | has elapsed during which that person had his or her | 19 | | driving privileges revoked or a one-year period has | 20 | | elapsed during which that person had a restricted driving | 21 | | permit which required the use of an ignition interlock | 22 | | device on every motor vehicle owned or operated by that | 23 | | person. | 24 | | (E) In each case the Secretary may issue a
restricted | 25 | | driving permit for a period deemed appropriate, except | 26 | | that all
permits shall expire no later than 2 years from |
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| 1 | | the date of issuance. A
restricted driving permit issued | 2 | | under this Section shall be subject to
cancellation, | 3 | | revocation, and suspension by the Secretary of State in | 4 | | like
manner and for like cause as a driver's license | 5 | | issued under this Code may be
cancelled, revoked, or | 6 | | suspended; except that a conviction upon one or more
| 7 | | offenses against laws or ordinances regulating the | 8 | | movement of traffic
shall be deemed sufficient cause for | 9 | | the revocation, suspension, or
cancellation of a | 10 | | restricted driving permit. The Secretary of State may, as
| 11 | | a condition to the issuance of a restricted driving | 12 | | permit, require the
applicant to participate in a | 13 | | designated driver remedial or rehabilitative
program. The | 14 | | Secretary of State is authorized to cancel a restricted
| 15 | | driving permit if the permit holder does not successfully | 16 | | complete the program.
| 17 | | (F) A person subject to the provisions of paragraph 4 | 18 | | of subsection (b) of Section 6-208 of this Code may make | 19 | | application for a restricted driving permit at a hearing | 20 | | conducted under Section 2-118 of this Code after the | 21 | | expiration of 5 years from the effective date of the most | 22 | | recent revocation or after 5 years from the date of | 23 | | release from a period of imprisonment resulting from a | 24 | | conviction of the most recent offense, whichever is later, | 25 | | provided the person, in addition to all other requirements | 26 | | of the Secretary, shows by clear and convincing evidence: |
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| 1 | | (i) a minimum of 3 years of uninterrupted | 2 | | abstinence from alcohol and the unlawful use or | 3 | | consumption of cannabis under the Cannabis Control | 4 | | Act, a controlled substance under the Illinois | 5 | | Controlled Substances Act, an intoxicating compound | 6 | | under the Use of Intoxicating Compounds Act, or | 7 | | methamphetamine under the Methamphetamine Control and | 8 | | Community Protection Act; and | 9 | | (ii) the successful completion of any | 10 | | rehabilitative treatment and involvement in any | 11 | | ongoing rehabilitative activity that may be | 12 | | recommended by a properly licensed service provider | 13 | | according to an assessment of the person's alcohol or | 14 | | drug use under Section 11-501.01 of this Code. | 15 | | In determining whether an applicant is eligible for a | 16 | | restricted driving permit under this subparagraph (F), the | 17 | | Secretary may consider any relevant evidence, including, | 18 | | but not limited to, testimony, affidavits, records, and | 19 | | the results of regular alcohol or drug tests. Persons | 20 | | subject to the provisions of paragraph 4 of subsection (b) | 21 | | of Section 6-208 of this Code and who have been convicted | 22 | | of more than one violation of paragraph (3), paragraph | 23 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 24 | | of this Code shall not be eligible to apply for a | 25 | | restricted driving permit under this subparagraph (F). | 26 | | A restricted driving permit issued under this |
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| 1 | | subparagraph (F) shall provide that the holder may only | 2 | | operate motor vehicles equipped with an ignition interlock | 3 | | device as required under paragraph (2) of subsection (c) | 4 | | of Section 6-205 of this Code and subparagraph (A) of | 5 | | paragraph 3 of subsection (c) of this Section. The | 6 | | Secretary may revoke a restricted driving permit or amend | 7 | | the conditions of a restricted driving permit issued under | 8 | | this subparagraph (F) if the holder operates a vehicle | 9 | | that is not equipped with an ignition interlock device, or | 10 | | for any other reason authorized under this Code. | 11 | | A restricted driving permit issued under this | 12 | | subparagraph (F) shall be revoked, and the holder barred | 13 | | from applying for or being issued a restricted driving | 14 | | permit in the future, if the holder is convicted of a | 15 | | violation of Section 11-501 of this Code, a similar | 16 | | provision of a local ordinance, or a similar offense in | 17 | | another state. | 18 | | (c-3) In the case of a suspension under paragraph 43 of | 19 | | subsection (a), reports received by the Secretary of State | 20 | | under this Section shall, except during the actual time the | 21 | | suspension is in effect, be privileged information and for use | 22 | | only by the courts, police officers, prosecuting authorities, | 23 | | the driver licensing administrator of any other state, the | 24 | | Secretary of State, or the parent or legal guardian of a driver | 25 | | under the age of 18. However, beginning January 1, 2008, if the | 26 | | person is a CDL holder, the suspension shall also be made |
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| 1 | | available to the driver licensing administrator of any other | 2 | | state, the U.S. Department of Transportation, and the affected | 3 | | driver or motor
carrier or prospective motor carrier upon | 4 | | request.
| 5 | | (c-4) In the case of a suspension under paragraph 43 of | 6 | | subsection (a), the Secretary of State shall notify the person | 7 | | by mail that his or her driving privileges and driver's | 8 | | license will be suspended one month after the date of the | 9 | | mailing of the notice.
| 10 | | (c-5) The Secretary of State may, as a condition of the | 11 | | reissuance of a
driver's license or permit to an applicant | 12 | | whose driver's license or permit has
been suspended before he | 13 | | or she reached the age of 21 years pursuant to any of
the | 14 | | provisions of this Section, require the applicant to | 15 | | participate in a
driver remedial education course and be | 16 | | retested under Section 6-109 of this
Code.
| 17 | | (d) This Section is subject to the provisions of the | 18 | | Driver Drivers License
Compact.
| 19 | | (e) The Secretary of State shall not issue a restricted | 20 | | driving permit to
a person under the age of 16 years whose | 21 | | driving privileges have been suspended
or revoked under any | 22 | | provisions of this Code.
| 23 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 24 | | State may not issue a restricted driving permit for the | 25 | | operation of a commercial motor vehicle to a person holding a | 26 | | CDL whose driving privileges have been suspended, revoked, |
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| 1 | | cancelled, or disqualified under any provisions of this Code. | 2 | | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | 3 | | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
| 4 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 5 | | Sec. 6-508. Commercial Driver's License (CDL) - | 6 | | qualification standards.
| 7 | | (a) Testing.
| 8 | | (1) General. No person shall be issued an original or | 9 | | renewal CDL
unless that person is
domiciled in this State | 10 | | or is applying for a non-domiciled CDL under Sections | 11 | | 6-509 and 6-510 of this Code. The Secretary shall cause to | 12 | | be administered such
tests as the Secretary deems | 13 | | necessary to meet the requirements of 49
C.F.R. Part 383, | 14 | | subparts F, G, H, and J.
| 15 | | (1.5) Effective July 1, 2014, no person shall be | 16 | | issued an original CDL or an upgraded CDL that requires a | 17 | | skills test unless that person has held a CLP, for a | 18 | | minimum of 14 calendar days, for the classification of | 19 | | vehicle and endorsement, if any, for which the person is | 20 | | seeking a CDL. | 21 | | (2) Third party testing. The Secretary of State may | 22 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 23 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer | 24 | | the
skills test or tests specified by the Federal Motor | 25 | | Carrier Safety
Administration pursuant to the
Commercial |
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| 1 | | Motor Vehicle Safety Act of 1986 and any appropriate | 2 | | federal rule.
| 3 | | (3)(i) Effective February 7, 2020, unless the person | 4 | | is exempted by 49 CFR 380.603, no person shall be issued an | 5 | | original (first time issuance) CDL, an upgraded CDL or a | 6 | | school bus (S), passenger (P), or hazardous Materials (H) | 7 | | endorsement unless the person has successfully completed | 8 | | entry-level driver training (ELDT) taught by a training | 9 | | provider listed on the federal Training Provider Registry. | 10 | | (ii) Persons who obtain a CLP before February 7, 2020 | 11 | | are not required to complete ELDT if the person obtains a | 12 | | CDL before the CLP or renewed CLP expires. | 13 | | (iii) Except for persons seeking the H endorsement, | 14 | | persons must complete the theory and behind-the-wheel | 15 | | (range and public road) portions of ELDT within one year | 16 | | of completing the first portion. | 17 | | (iv) The Secretary shall adopt rules to implement this | 18 | | subsection.
| 19 | | (b) Waiver of Skills Test. The Secretary of State may | 20 | | waive the skills
test specified in this Section for a driver | 21 | | applicant for a commercial driver license
who meets the | 22 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 23 | | waive the skills tests specified in this Section for a driver | 24 | | applicant who has military commercial motor vehicle | 25 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 26 | | (b-1) No person shall be issued a CDL unless the person |
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| 1 | | certifies to the Secretary one of the following types of | 2 | | driving operations in which he or she will be engaged: | 3 | | (1) non-excepted interstate; | 4 | | (2) non-excepted intrastate; | 5 | | (3) excepted interstate; or | 6 | | (4) excepted intrastate. | 7 | | (b-2) (Blank). | 8 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 9 | | issued to a person while the person is
subject to a | 10 | | disqualification from driving a commercial motor vehicle, or
| 11 | | unless otherwise permitted by this Code, while the person's | 12 | | driver's
license is suspended, revoked or cancelled in
any | 13 | | state, or any territory or province of Canada; nor may a CLP or | 14 | | CDL be issued
to a person who has a CLP or CDL issued by any | 15 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 16 | | to a person who has an Illinois CLP unless the person first | 17 | | surrenders all of these
licenses or permits. However, a person | 18 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 19 | | is necessary to train or practice for an endorsement or | 20 | | vehicle classification not present on the current CDL. No CDL | 21 | | shall be issued to or renewed for a person who does not
meet | 22 | | the requirement of 49 CFR 391.41(b)(11). The requirement may | 23 | | be met with
the aid of a hearing aid.
| 24 | | (c-1) The Secretary may issue a CDL with a school bus | 25 | | driver endorsement
to allow a person to drive the type of bus | 26 | | described in subsection (d-5) of
Section 6-104 of this Code. |
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| 1 | | The CDL with a school bus driver endorsement may be
issued only | 2 | | to a person meeting the following requirements:
| 3 | | (1) the person has submitted his or her fingerprints | 4 | | to the
Department of State Police in the form and manner
| 5 | | prescribed by the Department of State Police. These
| 6 | | fingerprints shall be checked against the fingerprint | 7 | | records
now and hereafter filed in the Department of State | 8 | | Police and
Federal Bureau of Investigation criminal | 9 | | history records databases;
| 10 | | (2) the person has passed a written test, administered | 11 | | by the Secretary of
State, on charter bus operation, | 12 | | charter bus safety, and certain special
traffic laws
| 13 | | relating to school buses determined by the Secretary of | 14 | | State to be relevant to
charter buses, and submitted to a | 15 | | review of the driver applicant's driving
habits by the | 16 | | Secretary of State at the time the written test is given;
| 17 | | (3) the person has demonstrated physical fitness to | 18 | | operate school buses
by
submitting the results of a | 19 | | medical examination, including tests for drug
use; and
| 20 | | (4) the person has not been convicted of committing or | 21 | | attempting
to commit any
one or more of the following | 22 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 23 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 24 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 25 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 26 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
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| 1 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 2 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 3 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 4 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | 5 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | 6 | | 12-4.9, 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | 7 | | 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | 8 | | 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, | 9 | | 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, | 10 | | 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | 11 | | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, | 12 | | 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, | 13 | | and in subsection (b) of Section 8-1, and in subdivisions | 14 | | (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), | 15 | | and (f)(1) of Section 12-3.05, and in subsection (a) and | 16 | | subsection (b), clause (1), of Section
12-4, and in | 17 | | subsection (A), clauses (a) and (b), of Section 24-3, and | 18 | | those offenses contained in Article 29D of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012; (ii) those | 20 | | offenses defined in the
Cannabis Control Act except those | 21 | | offenses defined in subsections (a) and
(b) of Section 4, | 22 | | and subsection (a) of Section 5 of the Cannabis Control
| 23 | | Act; (iii) those offenses defined in the Illinois | 24 | | Controlled Substances
Act; (iv) those offenses defined in | 25 | | the Methamphetamine Control and Community Protection Act; | 26 | | (v) any offense committed or attempted in any other state |
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| 1 | | or against
the laws of the United States, which if | 2 | | committed or attempted in this
State would be punishable | 3 | | as one or more of the foregoing offenses; (vi)
the | 4 | | offenses defined in Sections 4.1 and 5.1 of the Wrongs to | 5 | | Children Act or Section 11-9.1A of the Criminal Code of | 6 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 7 | | defined in Section 6-16 of the Liquor Control Act of
1934 | 8 | | within the last 20 years before the date of the | 9 | | application ; and (viii) those offenses defined in the | 10 | | Methamphetamine Precursor Control Act.
| 11 | | The Department of State Police shall charge
a fee for | 12 | | conducting the criminal history records check, which shall be
| 13 | | deposited into the State Police Services Fund and may not | 14 | | exceed the actual
cost of the records check.
| 15 | | (c-2) The Secretary shall issue a CDL with a school bus | 16 | | endorsement to allow a person to drive a school bus as defined | 17 | | in this Section. The CDL shall be issued according to the | 18 | | requirements outlined in 49 C.F.R. 383. A person may not | 19 | | operate a school bus as defined in this Section without a | 20 | | school bus endorsement. The Secretary of State may adopt rules | 21 | | consistent with Federal guidelines to implement this | 22 | | subsection (c-2).
| 23 | | (d) (Blank).
| 24 | | (Source: P.A. 101-185, eff. 1-1-20 .) | 25 | | Section 15. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-6-3.1 as follows:
| 2 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 3 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
| 4 | | (a) When a defendant is placed on supervision, the court | 5 | | shall enter
an order for supervision specifying the period of | 6 | | such supervision, and
shall defer further proceedings in the | 7 | | case until the conclusion of the
period.
| 8 | | (b) The period of supervision shall be reasonable under | 9 | | all of the
circumstances of the case, but may not be longer | 10 | | than 2 years, unless the
defendant has failed to pay the | 11 | | assessment required by Section 10.3 of the
Cannabis Control | 12 | | Act,
Section 411.2 of the Illinois Controlled
Substances Act, | 13 | | or Section 80 of the Methamphetamine Control and Community | 14 | | Protection Act, in which case the court may extend supervision | 15 | | beyond 2 years.
Additionally, the court shall order the | 16 | | defendant to perform no less than 30
hours of community | 17 | | service and not more than 120 hours of community service, if
| 18 | | community service is available in the
jurisdiction and is | 19 | | funded and approved by the county board where the offense
was | 20 | | committed,
when the offense (1) was
related to or in | 21 | | furtherance of the criminal activities of an organized gang or
| 22 | | was motivated by the defendant's membership in or allegiance | 23 | | to an organized
gang; or (2) is a violation of any Section of | 24 | | Article 24 of the Criminal
Code of 1961 or the Criminal Code of | 25 | | 2012 where a disposition of supervision is not prohibited by |
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| 1 | | Section
5-6-1 of this Code.
The
community service shall | 2 | | include, but not be limited to, the cleanup and repair
of any | 3 | | damage caused by violation of Section 21-1.3 of the Criminal | 4 | | Code of
1961 or the Criminal Code of 2012 and similar damages | 5 | | to property located within the municipality or county
in which | 6 | | the violation occurred. Where possible and reasonable, the | 7 | | community
service should be performed in the offender's | 8 | | neighborhood.
| 9 | | For the purposes of this
Section, "organized gang" has the | 10 | | meaning ascribed to it in Section 10 of the
Illinois | 11 | | Streetgang Terrorism Omnibus Prevention Act.
| 12 | | (c) The court may in addition to other reasonable | 13 | | conditions
relating to the nature of the offense or the | 14 | | rehabilitation of the
defendant as determined for each | 15 | | defendant in the proper discretion of
the court require that | 16 | | the person:
| 17 | | (1) make a report to and appear in person before or | 18 | | participate with
the court or such courts, person, or | 19 | | social service agency as directed
by the court in the | 20 | | order of supervision;
| 21 | | (2) pay a fine and costs;
| 22 | | (3) work or pursue a course of study or vocational | 23 | | training;
| 24 | | (4) undergo medical, psychological or psychiatric | 25 | | treatment; or
treatment for drug addiction or alcoholism;
| 26 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction
or residence of defendants on probation;
| 2 | | (6) support his dependents;
| 3 | | (7) refrain from possessing a firearm or other | 4 | | dangerous weapon;
| 5 | | (8) and in addition, if a minor:
| 6 | | (i) reside with his parents or in a foster home;
| 7 | | (ii) attend school;
| 8 | | (iii) attend a non-residential program for youth;
| 9 | | (iv) contribute to his own support at home or in a | 10 | | foster home; or
| 11 | | (v) with the consent of the superintendent of the
| 12 | | facility, attend an educational program at a facility | 13 | | other than the school
in which the
offense was | 14 | | committed if he
or she is placed on supervision for a | 15 | | crime of violence as
defined in
Section 2 of the Crime | 16 | | Victims Compensation Act committed in a school, on the
| 17 | | real
property
comprising a school, or within 1,000 | 18 | | feet of the real property comprising a
school;
| 19 | | (9) make restitution or reparation in an amount not to | 20 | | exceed actual
loss or damage to property and pecuniary | 21 | | loss or make restitution under Section
5-5-6 to a domestic | 22 | | violence shelter. The court shall
determine the amount and | 23 | | conditions of payment;
| 24 | | (10) perform some reasonable public or community | 25 | | service;
| 26 | | (11) comply with the terms and conditions of an order |
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| 1 | | of protection
issued by the court pursuant to the Illinois | 2 | | Domestic Violence Act of 1986 or
an order of protection | 3 | | issued by the court of another state, tribe, or United
| 4 | | States territory.
If the court has ordered the defendant | 5 | | to make a report and appear in
person under paragraph (1) | 6 | | of this subsection, a copy of the order of
protection | 7 | | shall be transmitted to the person or agency so designated
| 8 | | by the court;
| 9 | | (12) reimburse any "local anti-crime program" as | 10 | | defined in Section 7 of
the Anti-Crime Advisory Council | 11 | | Act for any reasonable expenses incurred by the
program on | 12 | | the offender's case, not to exceed the maximum amount of | 13 | | the
fine authorized for the offense for which the | 14 | | defendant was sentenced;
| 15 | | (13) contribute a reasonable sum of money, not to
| 16 | | exceed the maximum amount of the fine authorized for the | 17 | | offense for which
the defendant was sentenced, (i) to a | 18 | | "local anti-crime program", as defined
in Section 7 of the | 19 | | Anti-Crime Advisory Council Act, or (ii) for offenses | 20 | | under the jurisdiction of the Department of Natural | 21 | | Resources, to the fund established by the Department of | 22 | | Natural Resources for the purchase of evidence for | 23 | | investigation purposes and to conduct investigations as | 24 | | outlined in Section 805-105 of the Department of Natural | 25 | | Resources (Conservation) Law;
| 26 | | (14) refrain from entering into a designated |
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| 1 | | geographic area except
upon such terms as the court finds | 2 | | appropriate. Such terms may include
consideration of the | 3 | | purpose of the entry, the time of day, other persons
| 4 | | accompanying the defendant, and advance approval by a | 5 | | probation officer;
| 6 | | (15) refrain from having any contact, directly or | 7 | | indirectly, with
certain specified persons or particular | 8 | | types of person, including but not
limited to members of | 9 | | street gangs and drug users or dealers;
| 10 | | (16) refrain from having in his or her body the | 11 | | presence of any illicit
drug prohibited by the Cannabis | 12 | | Control Act, the Illinois Controlled
Substances Act, or | 13 | | the Methamphetamine Control and Community Protection Act, | 14 | | unless prescribed by a physician, and submit samples of
| 15 | | his or her blood or urine or both for tests to determine | 16 | | the presence of any
illicit drug;
| 17 | | (17) refrain from operating any motor vehicle not | 18 | | equipped with an
ignition interlock device as defined in | 19 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 20 | | condition the court may allow a defendant who is not
| 21 | | self-employed to operate a vehicle owned by the | 22 | | defendant's employer that is
not equipped with an ignition | 23 | | interlock device in the course and scope of the
| 24 | | defendant's employment; and
| 25 | | (18) if placed on supervision for a sex offense as | 26 | | defined in subsection (a-5) of Section 3-1-2 of this Code, |
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| 1 | | unless the offender is a parent or guardian of the person | 2 | | under 18 years of age present in the home and no | 3 | | non-familial minors are present, not participate in a | 4 | | holiday event involving
children
under 18 years of age, | 5 | | such as distributing candy or other items to children on
| 6 | | Halloween,
wearing a Santa Claus costume on or preceding | 7 | | Christmas, being employed as a
department store Santa | 8 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 9 | | Easter. | 10 | | (c-5) If payment of restitution as ordered has not been | 11 | | made, the victim shall file a
petition notifying the | 12 | | sentencing court, any other person to whom restitution is | 13 | | owed, and
the State's Attorney of the status of the ordered | 14 | | restitution payments unpaid at least 90
days before the | 15 | | supervision expiration date. If payment as ordered has not | 16 | | been made, the
court shall hold a review hearing prior to the | 17 | | expiration date, unless the hearing
is voluntarily waived by | 18 | | the defendant with the knowledge that waiver may result in an
| 19 | | extension of the supervision period or in a revocation of | 20 | | supervision. If the court does not
extend supervision, it | 21 | | shall issue a judgment for the unpaid restitution and direct | 22 | | the clerk
of the circuit court to file and enter the judgment | 23 | | in the judgment and lien docket, without
fee, unless it finds | 24 | | that the victim has recovered a judgment against the
defendant | 25 | | for the amount covered by the restitution order. If the court | 26 | | issues a
judgment for the unpaid restitution, the court shall |
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| 1 | | send to the defendant at his or her last known
address written | 2 | | notification that a civil judgment has been issued for the | 3 | | unpaid
restitution. | 4 | | (d) The court shall defer entering any judgment on the | 5 | | charges
until the conclusion of the supervision.
| 6 | | (e) At the conclusion of the period of supervision, if the | 7 | | court
determines that the defendant has successfully complied | 8 | | with all of the
conditions of supervision, the court shall | 9 | | discharge the defendant and
enter a judgment dismissing the | 10 | | charges.
| 11 | | (f) Discharge and dismissal upon a successful conclusion | 12 | | of a
disposition of supervision shall be deemed without | 13 | | adjudication of guilt
and shall not be termed a conviction for | 14 | | purposes of disqualification or
disabilities imposed by law | 15 | | upon conviction of a crime. Two years after the
discharge and | 16 | | dismissal under this Section, unless the disposition of
| 17 | | supervision was for a violation of Sections 3-707, 3-708, | 18 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 19 | | similar
provision of a local ordinance, or for a violation of | 20 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012, in which case it shall be 5
years | 22 | | after discharge and dismissal, a person may have his record
of | 23 | | arrest sealed or expunged as may be provided by law. However, | 24 | | any
defendant placed on supervision before January 1, 1980, | 25 | | may move for
sealing or expungement of his arrest record, as | 26 | | provided by law, at any
time after discharge and dismissal |
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| 1 | | under this Section.
A person placed on supervision for a | 2 | | sexual offense committed against a minor
as defined in clause | 3 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | 4 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 5 | | or a
similar provision of a local ordinance
shall not have his | 6 | | or her record of arrest sealed or expunged.
| 7 | | (g) A defendant placed on supervision and who during the | 8 | | period of
supervision undergoes mandatory drug or alcohol | 9 | | testing, or both, or is
assigned to be placed on an approved | 10 | | electronic monitoring device, shall be
ordered to pay the | 11 | | costs incidental to such mandatory drug or alcohol
testing, or | 12 | | both, and costs incidental to such approved electronic
| 13 | | monitoring in accordance with the defendant's ability to pay | 14 | | those costs.
The county board with the concurrence of the | 15 | | Chief Judge of the judicial
circuit in which the county is | 16 | | located shall establish reasonable fees for
the cost of | 17 | | maintenance, testing, and incidental expenses related to the
| 18 | | mandatory drug or alcohol testing, or both, and all costs | 19 | | incidental to
approved electronic monitoring, of all | 20 | | defendants placed on supervision.
The concurrence of the Chief | 21 | | Judge shall be in the form of an
administrative order.
The fees | 22 | | shall be collected by the clerk of the circuit court, except as | 23 | | provided in an administrative order of the Chief Judge of the | 24 | | circuit court. The clerk of
the circuit court shall pay all | 25 | | moneys collected from these fees to the county
treasurer who | 26 | | shall use the moneys collected to defray the costs of
drug |
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| 1 | | testing, alcohol testing, and electronic monitoring.
The | 2 | | county treasurer shall deposit the fees collected in the
| 3 | | county working cash fund under Section 6-27001 or Section | 4 | | 6-29002 of the
Counties Code, as the case may be.
| 5 | | The Chief Judge of the circuit court of the county may by | 6 | | administrative order establish a program for electronic | 7 | | monitoring of offenders, in which a vendor supplies and | 8 | | monitors the operation of the electronic monitoring device, | 9 | | and collects the fees on behalf of the county. The program | 10 | | shall include provisions for indigent offenders and the | 11 | | collection of unpaid fees. The program shall not unduly burden | 12 | | the offender and shall be subject to review by the Chief Judge. | 13 | | The Chief Judge of the circuit court may suspend any | 14 | | additional charges or fees for late payment, interest, or | 15 | | damage to any device. | 16 | | (h) A disposition of supervision is a final order for the | 17 | | purposes
of appeal.
| 18 | | (i) The court shall impose upon a defendant placed on | 19 | | supervision
after January 1, 1992 or to community service | 20 | | under the supervision of a
probation or court services | 21 | | department after January 1, 2004, as a condition
of | 22 | | supervision or supervised community service, a fee of $50 for
| 23 | | each month of supervision or supervised community service | 24 | | ordered by the
court, unless after
determining the inability | 25 | | of the person placed on supervision or supervised
community | 26 | | service to pay the
fee, the court assesses a lesser fee. The |
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| 1 | | court may not impose the fee on a
minor who is placed in the | 2 | | guardianship or custody of the Department of Children and | 3 | | Family Services under the Juvenile Court Act of 1987
while the | 4 | | minor is in placement.
The fee shall be imposed only upon a
| 5 | | defendant who is actively supervised by the
probation and | 6 | | court services
department. The fee shall be collected by the | 7 | | clerk of the circuit court.
The clerk of the circuit court | 8 | | shall pay all monies collected from this fee
to the county | 9 | | treasurer for deposit in the probation and court services
fund | 10 | | pursuant to Section 15.1 of the Probation and
Probation | 11 | | Officers Act.
| 12 | | A circuit court may not impose a probation fee in excess of | 13 | | $25
per month unless the circuit court has adopted, by | 14 | | administrative
order issued by the chief judge, a standard | 15 | | probation fee guide
determining an offender's ability to pay. | 16 | | Of the
amount collected as a probation fee, not to exceed $5 of | 17 | | that fee
collected per month may be used to provide services to | 18 | | crime victims
and their families. | 19 | | The Court may only waive probation fees based on an | 20 | | offender's ability to pay. The probation department may | 21 | | re-evaluate an offender's ability to pay every 6 months, and, | 22 | | with the approval of the Director of Court Services or the | 23 | | Chief Probation Officer, adjust the monthly fee amount. An | 24 | | offender may elect to pay probation fees due in a lump sum.
Any | 25 | | offender that has been assigned to the supervision of a | 26 | | probation department, or has been transferred either under |
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| 1 | | subsection (h) of this Section or under any interstate | 2 | | compact, shall be required to pay probation fees to the | 3 | | department supervising the offender, based on the offender's | 4 | | ability to pay.
| 5 | | (j) All fines and costs imposed under this Section for any
| 6 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 7 | | Code, or a
similar provision of a local ordinance, and any | 8 | | violation of the Child
Passenger Protection Act, or a similar | 9 | | provision of a local ordinance, shall
be collected and | 10 | | disbursed by the circuit clerk as provided under the Criminal | 11 | | and Traffic Assessment Act.
| 12 | | (k) A defendant at least 17 years of age who is placed on | 13 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 14 | | inhabitants
and who has not been previously convicted of a | 15 | | misdemeanor or felony
may as a condition of his or her | 16 | | supervision be required by the court to
attend educational | 17 | | courses designed to prepare the defendant for a high school
| 18 | | diploma and to work toward a high school diploma or to work | 19 | | toward passing high school equivalency testing or to work
| 20 | | toward completing a vocational training program approved by | 21 | | the court. The
defendant placed on supervision must attend a | 22 | | public institution of education
to obtain the educational or | 23 | | vocational training required by this subsection
(k). The | 24 | | defendant placed on supervision shall be required to pay for | 25 | | the cost
of the educational courses or high school equivalency | 26 | | testing if a fee is charged for those courses
or testing. The |
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| 1 | | court shall revoke the supervision of a person who wilfully | 2 | | fails
to comply with this subsection (k). The court shall | 3 | | resentence the defendant
upon revocation of supervision as | 4 | | provided in Section 5-6-4. This subsection
(k) does not apply | 5 | | to a defendant who has a high school diploma or has
| 6 | | successfully passed high school equivalency testing. This | 7 | | subsection (k) does not apply to a
defendant who is determined | 8 | | by the court to be a person with a developmental disability or
| 9 | | otherwise mentally incapable of completing the
educational or | 10 | | vocational program.
| 11 | | (l) The court shall require a defendant placed on | 12 | | supervision for
possession of a substance
prohibited by the | 13 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 14 | | or the Methamphetamine Control and Community Protection Act
| 15 | | after a previous conviction or disposition of supervision for | 16 | | possession of a
substance prohibited by the Cannabis Control | 17 | | Act, the Illinois Controlled
Substances Act, or the | 18 | | Methamphetamine Control and Community Protection Act or a | 19 | | sentence of probation under Section 10 of the Cannabis
Control | 20 | | Act or Section 410 of the Illinois Controlled Substances Act
| 21 | | and after a finding by the court that the person is addicted, | 22 | | to undergo
treatment at a substance abuse program approved by | 23 | | the court.
| 24 | | (m) The Secretary of State shall require anyone placed on | 25 | | court supervision
for a
violation of Section 3-707 of the | 26 | | Illinois Vehicle Code or a similar provision
of a local |
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| 1 | | ordinance
to give proof of his or her financial
responsibility | 2 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 3 | | proof shall be
maintained by the individual in a manner | 4 | | satisfactory to the Secretary of State
for
a
minimum period of | 5 | | 3 years after the date the proof is first filed.
The proof | 6 | | shall be limited to a single action per arrest and may not be
| 7 | | affected by any post-sentence disposition. The Secretary of | 8 | | State shall
suspend the driver's license of any person
| 9 | | determined by the Secretary to be in violation of this | 10 | | subsection. This subsection does not apply to a person who, at | 11 | | the time of the offense, was operating a motor vehicle | 12 | | registered in a state other than Illinois. | 13 | | (n) Any offender placed on supervision for any offense | 14 | | that the court or probation department has determined to be | 15 | | sexually motivated as defined in the Sex Offender Management | 16 | | Board Act shall be required to refrain from any contact, | 17 | | directly or indirectly, with any persons specified by the | 18 | | court and shall be available for all evaluations and treatment | 19 | | programs required by the court or the probation department.
| 20 | | (o) An offender placed on supervision for a sex offense as | 21 | | defined in the Sex Offender
Management Board Act shall refrain | 22 | | from residing at the same address or in the same condominium | 23 | | unit or apartment unit or in the same condominium complex or | 24 | | apartment complex with another person he or she knows or | 25 | | reasonably should know is a convicted sex offender or has been | 26 | | placed on supervision for a sex offense. The provisions of |
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| 1 | | this subsection (o) do not apply to a person convicted of a sex | 2 | | offense who is placed in a Department of Corrections licensed | 3 | | transitional housing facility for sex offenders. | 4 | | (p) An offender placed on supervision for an offense | 5 | | committed on or after June 1, 2008
(the effective date of | 6 | | Public Act 95-464)
that would qualify the accused as a child | 7 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 9 | | refrain from communicating with or contacting, by means of the | 10 | | Internet, a person who is not related to the accused and whom | 11 | | the accused reasonably believes to be under 18 years of age. | 12 | | For purposes of this subsection (p), "Internet" has the | 13 | | meaning ascribed to it in Section 16-0.1 of the Criminal Code | 14 | | of 2012; and a person is not related to the accused if the | 15 | | person is not: (i) the spouse, brother, or sister of the | 16 | | accused; (ii) a descendant of the accused; (iii) a first or | 17 | | second cousin of the accused; or (iv) a step-child or adopted | 18 | | child of the accused.
| 19 | | (q) An offender placed on supervision for an offense | 20 | | committed on or after June 1, 2008
(the effective date of | 21 | | Public Act 95-464)
that would qualify the accused as a child | 22 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 24 | | ordered by the court, refrain from communicating with or | 25 | | contacting, by means of the Internet, a person who is related | 26 | | to the accused and whom the accused reasonably believes to be |
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| 1 | | under 18 years of age. For purposes of this subsection (q), | 2 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of | 3 | | the Criminal Code of 2012; and a person is related to the | 4 | | accused if the person is: (i) the spouse, brother, or sister of | 5 | | the accused; (ii) a descendant of the accused; (iii) a first or | 6 | | second cousin of the accused; or (iv) a step-child or adopted | 7 | | child of the accused.
| 8 | | (r) An offender placed on supervision for an offense under | 9 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 10 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 11 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 12 | | 2012, or any attempt to commit any of these offenses, | 13 | | committed on or after June 1, 2009 (the effective date of | 14 | | Public Act 95-983) shall: | 15 | | (i) not access or use a computer or any other device | 16 | | with Internet capability without the prior written | 17 | | approval of the court, except in connection with the | 18 | | offender's employment or search for employment with the | 19 | | prior approval of the court; | 20 | | (ii) submit to periodic unannounced examinations of | 21 | | the offender's computer or any other device with Internet | 22 | | capability by the offender's probation officer, a law | 23 | | enforcement officer, or assigned computer or information | 24 | | technology specialist, including the retrieval and copying | 25 | | of all data from the computer or device and any internal or | 26 | | external peripherals and removal of such information, |
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| 1 | | equipment, or device to conduct a more thorough | 2 | | inspection; | 3 | | (iii) submit to the installation on the offender's | 4 | | computer or device with Internet capability, at the | 5 | | offender's expense, of one or more hardware or software | 6 | | systems to monitor the Internet use; and | 7 | | (iv) submit to any other appropriate restrictions | 8 | | concerning the offender's use of or access to a computer | 9 | | or any other device with Internet capability imposed by | 10 | | the court. | 11 | | (s) An offender placed on supervision for an offense that | 12 | | is a sex offense as defined in Section 2 of the Sex Offender | 13 | | Registration Act that is committed on or after January 1, 2010 | 14 | | (the effective date of Public Act 96-362) that requires the | 15 | | person to register as a sex offender under that Act, may not | 16 | | knowingly use any computer scrub software on any computer that | 17 | | the sex offender uses. | 18 | | (t) An offender placed on supervision for a sex offense as | 19 | | defined in the Sex Offender
Registration Act committed on or | 20 | | after January 1, 2010 (the effective date of Public Act | 21 | | 96-262) shall refrain from accessing or using a social | 22 | | networking website as defined in Section 17-0.5 of the | 23 | | Criminal Code of 2012. | 24 | | (u) Jurisdiction over an offender may be transferred from | 25 | | the sentencing court to the court of another circuit with the | 26 | | concurrence of both courts. Further transfers or retransfers |
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| 1 | | of jurisdiction are also authorized in the same manner. The | 2 | | court to which jurisdiction has been transferred shall have | 3 | | the same powers as the sentencing court. The probation | 4 | | department within the circuit to which jurisdiction has been | 5 | | transferred may impose probation fees upon receiving the | 6 | | transferred offender, as provided in subsection (i). The | 7 | | probation department from the original sentencing court shall | 8 | | retain all probation fees collected prior to the transfer. | 9 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | 10 | | 99-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff. | 11 | | 8-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19 .) | 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act.
| 19 | | Section 999. Effective date. This Act takes effect upon | 20 | | becoming law.
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