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90_HB1385
410 ILCS 515/7 new
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-208.2
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-503 from Ch. 95 1/2, par. 11-503
625 ILCS 5/11-601 from Ch. 95 1/2, par. 11-601
625 ILCS 5/12-603.1 from Ch. 95 1/2, par. 12-603.1
625 ILCS 25/6 from Ch. 95 1/2, par. 1106
Amends the Illinois Vehicle Code, the Child Passenger
Protection Act, and the Head and Spinal Cord Injury Act.
Amends the Vehicle Code to provide that an additional
reinstatement of driving privileges fee shall be imposed for
having a license suspended for driving while under the
influence and to provide that an additional fine shall be
imposed for driving while under the influence, reckless
driving, exceeding the posted speed limit, and not wearing a
seat belt when required to do so. Provides that these fees
and fines shall be deposited into the Brain and Spinal Cord
Injury Trust Fund (less 5% for administrative costs for the
fines). Amends the Child Passenger Protection Act to provide
that an additional fine shall be imposed for violating the
Act's provisions, to be deposited into the Trust Fund (less
5% for administrative costs). Amends the Head and Spinal
Cord Injury Act to create the Trust Fund. Requires the
Department of Human Services to use the money in the Trust
Fund to fund the Brain and Spinal Cord Injury Resource
Center, established by the Department and managed by the
Advisory Council on Spinal Cord and Head Injuries in
conjunction with the Brain Injury Association of Illinois and
the Illinois Chapter of the National Spinal Cord Injury
Association. Requires the Advisory Council to establish
priorities and criteria for the disbursement of money in the
Trust Fund and to assure maximum benefits from the Trust
Fund.
LRB9003719NTsbA
LRB9003719NTsbA
1 AN ACT concerning vehicle drivers, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Head and Spinal Cord Injury Act is
5 amended by adding Section 7 as follows:
6 (410 ILCS 515/7 new)
7 Sec. 7. The Brain and Spinal Cord Injury Trust Fund; the
8 Brain and Spinal Cord Injury Resource Center.
9 (a) The Brain and Spinal Cord Injury Trust Fund is
10 created as a trust fund outside the State treasury. Money
11 from the additional fines and fees levied under the Illinois
12 Vehicle Code and the Child Passenger Protection Act shall be
13 deposited with the State Treasurer as ex-officio custodian
14 and held separate and apart from any public money of this
15 State, with accruing interest on the Brain and Spinal Cord
16 Injury Trust Fund deposited into the Brain and Spinal Cord
17 Injury Trust Fund. Disbursement from the Brain and Spinal
18 Cord Injury Trust Fund shall be by voucher ordered by the
19 Secretary of Human Services and paid by a warrant drawn by
20 the State Comptroller and countersigned by the State
21 Treasurer. Money in the Brain and Spinal Cord Injury Trust
22 Fund shall not be subject to appropriation by the General
23 Assembly but shall be subject to audit by the Auditor
24 General.
25 (b) The Department of Human Services shall use the money
26 in the Brain and Spinal Cord Injury Trust Fund to fund the
27 Brain and Spinal Cord Injury Resource Center established
28 under subsection (c) of this Section. The Advisory Council
29 on Spinal Cord and Head Injuries shall establish priorities
30 and criteria for the disbursements of money in the Brain and
31 Spinal Cord Injury Trust Fund and to assure maximum benefits
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1 from the Brain and Spinal Cord Injury Trust Fund. The
2 Secretary of Human Services shall order disbursements from
3 the Brain and Spinal Cord Injury Trust Fund only for payment
4 of expenses authorized by this Section and in accordance with
5 the priorities and criteria established by the Advisory
6 Council on Spinal Cord and Head Injuries.
7 (c) The Department of Human Services shall establish the
8 Brain and Spinal Cord Injury Resource Center. The Brain and
9 Spinal Cord Injury Resource Center shall be managed by the
10 Advisory Council on Spinal Cord and Head Injuries in
11 conjunction with the Brain Injury Association of Illinois and
12 the Illinois Chapter of the National Spinal Cord Injury
13 Association.
14 Section 10. The Illinois Vehicle Code is amended by
15 changing Sections 6-208.1, 6-208.2, 11-501, 11-503, 11-601,
16 and 12-603.1 as follows:
17 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
18 Sec. 6-208.1. Period of statutory summary alcohol or
19 other drug related suspension.
20 (a) Unless the statutory summary suspension has been
21 rescinded, any person whose privilege to drive a motor
22 vehicle on the public highways has been summarily suspended,
23 pursuant to Section 11-501.1, shall not be eligible for
24 restoration of the privilege until the expiration of:
25 1. Six months from the effective date of the
26 statutory summary suspension for a refusal or failure to
27 complete a test or tests to determine the alcohol or drug
28 concentration, pursuant to Section 11-501.1; or
29 2. Three months from the effective date of the
30 statutory summary suspension imposed following the
31 person's submission to a chemical test which disclosed an
32 alcohol concentration of 0.10 or more, or any amount of a
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1 drug, substance or compound in such person's blood or
2 urine resulting from the unlawful use or consumption of
3 cannabis listed in the Cannabis Control Act or a
4 controlled substance listed in the Illinois Controlled
5 Substances Act, pursuant to Section 11-501.1; or
6 3. Two years from the effective date of the
7 statutory summary suspension for any person other than a
8 first offender who refuses or fails to complete a test or
9 tests to determine the alcohol or drug concentration
10 pursuant to Section 11-501.1; or
11 4. One year from the effective date of the summary
12 suspension imposed for any person other than a first
13 offender following submission to a chemical test which
14 disclosed an alcohol concentration of 0.10 or more
15 pursuant to Section 11-501.1 or any amount of a drug,
16 substance or compound in such person's blood or urine
17 resulting from the unlawful use or consumption of
18 cannabis listed in the Cannabis Control Act or a
19 controlled substance listed in the Illinois Controlled
20 Substances Act.
21 (b) Following a statutory summary suspension of the
22 privilege to drive a motor vehicle under Section 11-501.1,
23 full driving privileges shall be restored unless the person
24 is otherwise disqualified by this Code. If the court has
25 reason to believe that the person's driving privilege should
26 not be restored, the court shall notify the Secretary of
27 State prior to the expiration of the statutory summary
28 suspension so appropriate action may be taken pursuant to
29 this Code.
30 (c) Full driving privileges may not be restored until
31 all applicable reinstatement fees, as provided by this Code,
32 have been paid to the Secretary of State and the appropriate
33 entry made to the driver's record. In addition to all other
34 applicable reinstatement fees, the Secretary of State shall
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1 impose an additional reinstatement fee of $100, to be
2 deposited into the Brain and Spinal Cord Injury Trust Fund.
3 (d) Where a driving privilege has been summarily
4 suspended under Section 11-501.1 and the person is
5 subsequently convicted of violating Section 11-501, or a
6 similar provision of a local ordinance, for the same
7 incident, any period served on statutory summary suspension
8 shall be credited toward the minimum period of revocation of
9 driving privileges imposed pursuant to Section 6-205.
10 (e) Following a statutory summary suspension of driving
11 privileges pursuant to Section 11-501.1, for a first
12 offender, the circuit court may, after at least 30 days from
13 the effective date of the statutory summary suspension, issue
14 a judicial driving permit as provided in Section 6-206.1.
15 (f) Subsequent to an arrest of a first offender, for any
16 offense as defined in Section 11-501 or a similar provision
17 of a local ordinance, following a statutory summary
18 suspension of driving privileges pursuant to Section
19 11-501.1, for a first offender, the circuit court may issue a
20 court order directing the Secretary of State to issue a
21 judicial driving permit as provided in Section 6-206.1.
22 However, this JDP shall not be effective prior to the 31st
23 day of the statutory summary suspension.
24 (g) Following a statutory summary suspension of driving
25 privileges pursuant to Section 11-501.1 where the person was
26 not a first offender, as defined in Section 11-500 and such
27 person refused or failed to complete a test or tests to
28 determine the alcohol or drug concentration pursuant to
29 Section 11-501.1, the Secretary of State shall not issue a
30 restricted driving permit.
31 (h) Following a statutory summary suspension of driving
32 privileges pursuant to Section 11-501.1 where the person was
33 not a first offender as defined in Section 11-500 and such
34 person submitted to a chemical test which disclosed an
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1 alcohol concentration of .10 or more pursuant to Section
2 11-501.1, the Secretary of State may, after at least 90 days
3 from the effective date of the statutory summary suspension,
4 issue a restricted driving permit.
5 (Source: P.A. 88-415; 89-203, eff. 7-21-95.)
6 (625 ILCS 5/6-208.2)
7 Sec. 6-208.2. Restoration of driving privileges; persons
8 under age 21.
9 (a) Unless the suspension based upon consumption of
10 alcohol by a minor or refusal to submit to testing has been
11 rescinded by the Secretary of State in accordance with item
12 (c)(3) of Section 6-206 of this Code, a person whose
13 privilege to drive a motor vehicle on the public highways has
14 been suspended under Section 11-501.8 is not eligible for
15 restoration of the privilege until the expiration of:
16 1. Six months from the effective date of the
17 suspension for a refusal or failure to complete a test or
18 tests to determine the alcohol concentration under
19 Section 11-501.8;
20 2. Three months from the effective date of the
21 suspension imposed following the person's submission to a
22 chemical test which disclosed an alcohol concentration
23 greater than 0.00 under Section 11-501.8;
24 3. Two years from the effective date of the
25 suspension for a person who has been previously suspended
26 under Section 11-501.8 and who refuses or fails to
27 complete a test or tests to determine the alcohol
28 concentration under Section 11-501.8; or
29 4. One year from the effective date of the
30 suspension imposed for a person who has been previously
31 suspended under Section 11-501.8 following submission to
32 a chemical test that disclosed an alcohol concentration
33 greater than 0.00 under Section 11-501.8.
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1 (b) Following a suspension of the privilege to drive a
2 motor vehicle under Section 11-501.8, full driving privileges
3 shall be restored unless the person is otherwise disqualified
4 by this Code.
5 (c) Full driving privileges may not be restored until
6 all applicable reinstatement fees, as provided by this Code,
7 have been paid to the Secretary of State and the appropriate
8 entry made to the driver's record. In addition to all other
9 applicable reinstatement fees, the Secretary of State shall
10 impose an additional reinstatement fee of $100, to be
11 deposited into the Brain and Spinal Cord Injury Trust Fund.
12 (d) Where a driving privilege has been suspended under
13 Section 11-501.8 and the person is subsequently convicted of
14 violating Section 11-501, or a similar provision of a local
15 ordinance, for the same incident, any period served on that
16 suspension shall be credited toward the minimum period of
17 revocation of driving privileges imposed under Section 6-205.
18 (e) Following a suspension of driving privileges under
19 Section 11-501.8 for a person who has not had his or her
20 driving privileges previously suspended under that Section,
21 the Secretary of State may issue a restricted driving permit
22 after at least 30 days from the effective date of the
23 suspension.
24 (f) Following a second or subsequent suspension of
25 driving privileges under Section 11-501.8 that is based upon
26 the person having refused or failed to complete a test or
27 tests to determine the alcohol concentration under Section
28 11-501.8, the Secretary of State may issue a restricted
29 driving permit after at least 6 months from the effective
30 date of the suspension.
31 (g) Following a second or subsequent suspension of
32 driving privileges under Section 11-501.8 that is based upon
33 the person having submitted to a chemical test that disclosed
34 an alcohol concentration greater than 0.00 under Section
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1 11-501.8, the Secretary of State may issue a restricted
2 driving permit after at least 90 days from the effective date
3 of the suspension.
4 Any restricted driving permit considered under this
5 Section is subject to the provisions of item (e) of Section
6 11-501.8.
7 (Source: P.A. 88-588, eff. 1-1-95.)
8 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 11-501. Driving while under the influence of
11 alcohol, other drug, or combination of both.
12 (a) A person shall not drive or be in actual physical
13 control of any vehicle within this State while:
14 (1) the alcohol concentration in the person's blood
15 or breath is 0.10 or more based on the definition of
16 blood and breath units in Section 11-501.2;
17 (2) under the influence of alcohol;
18 (3) under the influence of any other drug or
19 combination of drugs to a degree that renders the person
20 incapable of safely driving;
21 (4) under the combined influence of alcohol and any
22 other drug or drugs to a degree that renders the person
23 incapable of safely driving; or
24 (5) there is any amount of a drug, substance, or
25 compound in the person's blood or urine resulting from
26 the unlawful use or consumption of cannabis listed in the
27 Cannabis Control Act, or a controlled substance listed in
28 the Illinois Controlled Substances Act.
29 (b) The fact that any person charged with violating this
30 Section is or has been legally entitled to use alcohol, or
31 other drugs, or any combination of both, shall not
32 constitute a defense against any charge of violating this
33 Section.
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1 (c) Except as provided under paragraphs (c-3) and (d) of
2 this Section, every person convicted of violating this
3 Section or a similar provision of a local ordinance, shall be
4 guilty of a Class A misdemeanor and, in addition to any other
5 criminal or administrative action, for any second conviction
6 of violating this Section or a similar provision of a law of
7 another state or local ordinance committed within 5 years of
8 a previous violation of this Section or a similar provision
9 of a local ordinance shall be mandatorily sentenced to a
10 minimum of 48 consecutive hours of imprisonment or assigned
11 to a minimum of 100 hours of community service as may be
12 determined by the court. Every person convicted of violating
13 this Section or a similar provision of a local ordinance
14 shall be subject to a mandatory minimum fine of $500 and a
15 mandatory 5 days of community service in a program benefiting
16 children if the person committed a violation of paragraph (a)
17 or a similar provision of a local ordinance while
18 transporting a person under age 16. Every person convicted a
19 second time for violating this Section or a similar provision
20 of a local ordinance within 5 years of a previous violation
21 of this Section or a similar provision of a law of another
22 state or local ordinance shall be subject to a mandatory
23 minimum fine of $500 and 10 days of mandatory community
24 service in a program benefiting children if the current
25 offense was committed while transporting a person under age
26 16. The imprisonment or assignment under this subsection
27 shall not be subject to suspension nor shall the person be
28 eligible for probation in order to reduce the sentence or
29 assignment.
30 (c-1) A person who violates this Section during a period
31 in which his or her driving privileges are revoked or
32 suspended, where the revocation or suspension was for a
33 violation of this Section or Section 11-501.1 shall, unless
34 sentenced to a term of imprisonment in the penitentiary, in
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1 addition to any other criminal or administrative action, be
2 sentenced to a minimum term of 30 consecutive days of
3 imprisonment, 40 days of 24 hour periodic imprisonment or 720
4 hours of community service, as may be determined by the
5 court. This mandatory minimum term of imprisonment or
6 assignment of community service shall not be suspended and
7 shall not be subject to reduction by the court.
8 (c-2) (Blank).
9 (c-3) Every person convicted of violating this Section
10 or a similar provision of a local ordinance who had a child
11 under age 16 in the vehicle at the time of the offense shall
12 have his or her punishment under this Act enhanced by 2 days
13 of imprisonment for a first offense, 10 days of imprisonment
14 for a second offense, 30 days of imprisonment for a third
15 offense, and 90 days of imprisonment for a fourth or
16 subsequent offense, in addition to the fine and community
17 service required under subsection (c) and the possible
18 imprisonment required under subsection (d). The imprisonment
19 or assignment under this subsection shall not be subject to
20 suspension nor shall the person be eligible for probation in
21 order to reduce the sentence or assignment.
22 (d) (1) Every person convicted of committing a violation
23 of this Section shall be guilty of aggravated driving under
24 the influence of alcohol or drugs or a combination of both
25 if:
26 (A) the person committed a violation of this
27 Section, or a similar provision of a law of another state
28 or a local ordinance when the cause of action is the same
29 as or substantially similar to this Section, for the
30 third or subsequent time;
31 (B) the person committed a violation of paragraph
32 (a) while driving a school bus with children on board;
33 (C) the person in committing a violation of
34 paragraph (a) was involved in a motor vehicle accident
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1 that resulted in great bodily harm or permanent
2 disability or disfigurement to another, when the
3 violation was a proximate cause of the injuries; or
4 (D) the person committed a violation of paragraph
5 (a) for a second time and has been previously convicted
6 of violating Section 9-3 of the Criminal Code of 1961
7 relating to reckless homicide in which the person was
8 determined to have been under the influence of alcohol or
9 any other drug or drugs as an element of the offense or
10 the person has previously been convicted under
11 subparagraph (C) of this paragraph (1).
12 (2) Aggravated driving under the influence of alcohol or
13 drugs or a combination of both is a Class 4 felony for which
14 a person, if sentenced to a term of imprisonment, shall be
15 sentenced to not less than one year and not more than 3 years
16 for a violation of subparagraph (A), (B) or (D) of paragraph
17 (1) of this subsection (d) and not less than one year and not
18 more than 12 years for a violation of subparagraph (C) of
19 paragraph (1) of this subsection (d).
20 (e) After a finding of guilt and prior to any final
21 sentencing, or an order for supervision, for an offense based
22 upon an arrest for a violation of this Section or a similar
23 provision of a local ordinance, individuals shall be required
24 to undergo a professional evaluation to determine if an
25 alcohol or other drug abuse problem exists and the extent of
26 the problem. Programs conducting these evaluations shall be
27 licensed by the Department of Alcoholism and Substance Abuse.
28 The cost of any professional evaluation shall be paid for by
29 the individual required to undergo the professional
30 evaluation.
31 (f) Every person found guilty of violating this Section,
32 whose operation of a motor vehicle while in violation of this
33 Section proximately caused any incident resulting in an
34 appropriate emergency response, shall be liable for the
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1 expense of an emergency response as provided under Section
2 5-5-3 of the Unified Code of Corrections.
3 (g) The Secretary of State shall revoke the driving
4 privileges of any person convicted under this Section or a
5 similar provision of a local ordinance.
6 (h) Every person sentenced under subsection (d) of this
7 Section and who receives a term of probation or conditional
8 discharge shall be required to serve a minimum term of either
9 30 days community service or, beginning July 1, 1993, 48
10 consecutive hours of imprisonment as a condition of the
11 probation or conditional discharge. This mandatory minimum
12 term of imprisonment or assignment of community service shall
13 not be suspended and shall not be subject to reduction by the
14 court.
15 (i) The Secretary of State shall establish a pilot
16 program to test the effectiveness of ignition interlock
17 device requirements upon individuals who have been arrested
18 for a second or subsequent offense of this Section. The
19 Secretary shall establish by rule and regulation the
20 population and procedures for use of the interlock system.
21 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
22 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
23 89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 11-501. Driving while under the influence of
26 alcohol, other drug, or combination of both.
27 (a) A person shall not drive or be in actual physical
28 control of any vehicle within this State while:
29 (1) the alcohol concentration in the person's blood
30 or breath is 0.10 or more based on the definition of
31 blood and breath units in Section 11-501.2;
32 (2) under the influence of alcohol;
33 (3) under the influence of any other drug or
34 combination of drugs to a degree that renders the person
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1 incapable of safely driving;
2 (4) under the combined influence of alcohol and any
3 other drug or drugs to a degree that renders the person
4 incapable of safely driving; or
5 (5) there is any amount of a drug, substance, or
6 compound in the person's blood or urine resulting from
7 the unlawful use or consumption of cannabis listed in the
8 Cannabis Control Act, or a controlled substance listed in
9 the Illinois Controlled Substances Act.
10 (b) The fact that any person charged with violating this
11 Section is or has been legally entitled to use alcohol, or
12 other drugs, or any combination of both, shall not
13 constitute a defense against any charge of violating this
14 Section.
15 (c) Except as provided under paragraphs (c-3) and (d) of
16 this Section, every person convicted of violating this
17 Section or a similar provision of a local ordinance, shall be
18 guilty of a Class A misdemeanor and, in addition to any other
19 criminal or administrative action, for any second conviction
20 of violating this Section or a similar provision of a law of
21 another state or local ordinance committed within 5 years of
22 a previous violation of this Section or a similar provision
23 of a local ordinance shall be mandatorily sentenced to a
24 minimum of 48 consecutive hours of imprisonment or assigned
25 to a minimum of 100 hours of community service as may be
26 determined by the court. Every person convicted of violating
27 this Section or a similar provision of a local ordinance
28 shall be subject to a mandatory minimum fine of $500 and a
29 mandatory 5 days of community service in a program benefiting
30 children if the person committed a violation of paragraph (a)
31 or a similar provision of a local ordinance while
32 transporting a person under age 16. Every person convicted a
33 second time for violating this Section or a similar provision
34 of a local ordinance within 5 years of a previous violation
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1 of this Section or a similar provision of a law of another
2 state or local ordinance shall be subject to a mandatory
3 minimum fine of $500 and 10 days of mandatory community
4 service in a program benefiting children if the current
5 offense was committed while transporting a person under age
6 16. The imprisonment or assignment under this subsection
7 shall not be subject to suspension nor shall the person be
8 eligible for probation in order to reduce the sentence or
9 assignment.
10 (c-1) A person who violates this Section during a period
11 in which his or her driving privileges are revoked or
12 suspended, where the revocation or suspension was for a
13 violation of this Section or Section 11-501.1 shall, unless
14 sentenced to a term of imprisonment in the penitentiary, in
15 addition to any other criminal or administrative action, be
16 sentenced to a minimum term of 30 consecutive days of
17 imprisonment, 40 days of 24 hour periodic imprisonment or 720
18 hours of community service, as may be determined by the
19 court. This mandatory minimum term of imprisonment or
20 assignment of community service shall not be suspended and
21 shall not be subject to reduction by the court.
22 (c-2) (Blank).
23 (c-3) Every person convicted of violating this Section
24 or a similar provision of a local ordinance who had a child
25 under age 16 in the vehicle at the time of the offense shall
26 have his or her punishment under this Act enhanced by 2 days
27 of imprisonment for a first offense, 10 days of imprisonment
28 for a second offense, 30 days of imprisonment for a third
29 offense, and 90 days of imprisonment for a fourth or
30 subsequent offense, in addition to the fine and community
31 service required under subsection (c) and the possible
32 imprisonment required under subsection (d). The imprisonment
33 or assignment under this subsection shall not be subject to
34 suspension nor shall the person be eligible for probation in
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1 order to reduce the sentence or assignment.
2 (d) (1) Every person convicted of committing a violation
3 of this Section shall be guilty of aggravated driving under
4 the influence of alcohol or drugs or a combination of both
5 if:
6 (A) the person committed a violation of this
7 Section, or a similar provision of a law of another state
8 or a local ordinance when the cause of action is the same
9 as or substantially similar to this Section, for the
10 third or subsequent time;
11 (B) the person committed a violation of paragraph
12 (a) while driving a school bus with children on board;
13 (C) the person in committing a violation of
14 paragraph (a) was involved in a motor vehicle accident
15 that resulted in great bodily harm or permanent
16 disability or disfigurement to another, when the
17 violation was a proximate cause of the injuries; or
18 (D) the person committed a violation of paragraph
19 (a) for a second time and has been previously convicted
20 of violating Section 9-3 of the Criminal Code of 1961
21 relating to reckless homicide in which the person was
22 determined to have been under the influence of alcohol or
23 any other drug or drugs as an element of the offense or
24 the person has previously been convicted under
25 subparagraph (C) of this paragraph (1).
26 (2) Aggravated driving under the influence of alcohol or
27 drugs or a combination of both is a Class 4 felony for which
28 a person, if sentenced to a term of imprisonment, shall be
29 sentenced to not less than one year and not more than 3 years
30 for a violation of subparagraph (A), (B) or (D) of paragraph
31 (1) of this subsection (d) and not less than one year and not
32 more than 12 years for a violation of subparagraph (C) of
33 paragraph (1) of this subsection (d).
34 (e) After a finding of guilt and prior to any final
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1 sentencing, or an order for supervision, for an offense based
2 upon an arrest for a violation of this Section or a similar
3 provision of a local ordinance, individuals shall be required
4 to undergo a professional evaluation to determine if an
5 alcohol or other drug abuse problem exists and the extent of
6 the problem. Programs conducting these evaluations shall be
7 licensed by the Department of Human Services. The cost of
8 any professional evaluation shall be paid for by the
9 individual required to undergo the professional evaluation.
10 (f) Every person found guilty of violating this Section,
11 whose operation of a motor vehicle while in violation of this
12 Section proximately caused any incident resulting in an
13 appropriate emergency response, shall be liable for the
14 expense of an emergency response as provided under Section
15 5-5-3 of the Unified Code of Corrections.
16 (g) The Secretary of State shall revoke the driving
17 privileges of any person convicted under this Section or a
18 similar provision of a local ordinance.
19 (h) Every person sentenced under subsection (d) of this
20 Section and who receives a term of probation or conditional
21 discharge shall be required to serve a minimum term of either
22 30 days community service or, beginning July 1, 1993, 48
23 consecutive hours of imprisonment as a condition of the
24 probation or conditional discharge. This mandatory minimum
25 term of imprisonment or assignment of community service shall
26 not be suspended and shall not be subject to reduction by the
27 court.
28 (i) The Secretary of State shall establish a pilot
29 program to test the effectiveness of ignition interlock
30 device requirements upon individuals who have been arrested
31 for a second or subsequent offense of this Section. The
32 Secretary shall establish by rule and regulation the
33 population and procedures for use of the interlock system.
34 (j) In addition to all fines, fees, costs, and
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1 punishments prescribed by law, an additional fine of $100
2 shall be imposed or assessed for any conviction for violating
3 this Section. No later than 30 days after collection,
4 proceeds from the additional fines collected under this
5 subsection (j) shall be forwarded by the officer of the court
6 who collects the fines to the State Treasurer after 5% of the
7 fine is deducted for administrative costs. All amounts
8 received by the State Treasurer shall be credited to the
9 Brain and Spinal Cord Injury Trust Fund.
10 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
11 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
12 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
13 8-9-96.)
14 (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
15 Sec. 11-503. Reckless driving; aggravated reckless
16 driving.
17 (a) Any person who drives any vehicle with a willful or
18 wanton disregard for the safety of persons or property is
19 guilty of reckless driving.
20 (b) Every person convicted of reckless driving shall be
21 guilty of a Class A misdemeanor, except as provided under
22 subsection (c) of this Section.
23 (c) Every person convicted of committing a violation of
24 subsection (a) shall be guilty of aggravated reckless driving
25 if the violation results in great bodily harm or permanent
26 disability or disfigurement to another. Aggravated reckless
27 driving is a Class 4 felony.
28 (d) In addition to all fines, fees, costs, and
29 punishments prescribed by law, an additional fine of $50
30 shall be imposed or assessed for any conviction for violating
31 this Section. No later than 30 days after collection,
32 proceeds from the additional fines collected under this
33 subsection (d) shall be forwarded by the officer of the court
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1 who collects the fines to the State Treasurer after 5% of the
2 fine is deducted for administrative costs. All amounts
3 received by the State Treasurer shall be credited to the
4 Brain and Spinal Cord Injury Trust Fund.
5 (Source: P.A. 88-679, eff. 7-1-95.)
6 (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
7 Sec. 11-601. General speed restrictions.
8 (a) No vehicle may be driven upon any highway of this
9 State at a speed which is greater than is reasonable and
10 proper with regard to traffic conditions and the use of the
11 highway, or endangers the safety of any person or property.
12 The fact that the speed of a vehicle does not exceed the
13 applicable maximum speed limit does not relieve the driver
14 from the duty to decrease speed when approaching and crossing
15 an intersection, approaching and going around a curve, when
16 approaching a hill crest, when traveling upon any narrow or
17 winding roadway, or when special hazard exists with respect
18 to pedestrians or other traffic or by reason of weather or
19 highway conditions. Speed must be decreased as may be
20 necessary to avoid colliding with any person or vehicle on or
21 entering the highway in compliance with legal requirements
22 and the duty of all persons to use due care.
23 (b) No person may drive a vehicle upon any highway of
24 this State at a speed which is greater than the applicable
25 statutory maximum speed limit established by paragraphs (c),
26 (d), (e), (f) or (g) of this Section, by Section 11-605 or
27 by a regulation or ordinance made under this Chapter.
28 (c) Unless some other speed restriction is established
29 under this Chapter, the maximum speed limit in an urban
30 district for all vehicles is:
31 1. 30 miles per hour; and
32 2. 15 miles per hour in an alley.
33 (d) Unless some other speed restriction is established
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1 under this Chapter, the maximum speed limit outside an urban
2 district for any vehicle of the first division or a second
3 division vehicle designed or used for the carrying of a gross
4 weight of 8,000 pounds or less (including the weight of the
5 vehicle and maximum load) is (1) 65 miles per hour (i) for
6 all highways under the jurisdiction of the Illinois State
7 Toll Highway Authority and (ii) for all or part of highways
8 that are designated by the Department, have at least 4 lanes
9 of traffic, and have a separation between the roadways moving
10 in opposite directions and (2) 55 miles per hour for all
11 other highways, roads, and streets.
12 (e) Unless some lesser speed restriction is established
13 under this Chapter, the maximum speed limit outside an urban
14 district for a second division vehicle designed or used for
15 the carrying of a gross weight of 8,001 pounds or more
16 (including the weight of the vehicle and maximum load) is 55
17 miles per hour.
18 (f) Unless some other speed restriction is established
19 under this Chapter, the maximum speed limit outside an urban
20 district for a bus is:
21 1. 65 miles per hour upon any highway which has at
22 least 4 lanes of traffic and of which the roadways for
23 traffic moving in opposite directions are separated by a
24 strip of ground which is not surfaced or suitable for
25 vehicular traffic, except that the maximum speed limit
26 for a bus on all highways, roads, or streets not under
27 the jurisdiction of the Department or the Illinois State
28 Toll Highway Authority is 55 miles per hour; and
29 2. 60 miles per hour on any other highway, except
30 that the maximum speed limit for a bus on all highways,
31 roads, or streets not under the jurisdiction of the
32 Department or the Illinois State Toll Highway Authority
33 is 55 miles per hour.
34 (g) Unless some other speed restriction is established
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1 under this Chapter, the maximum speed limit outside an urban
2 district for a house car, camper, private living coach,
3 vehicles licensed as recreational vehicles, and any vehicle
4 towing any other vehicle is 55 miles per hour or the posted
5 speed limit, whichever is less.
6 (h) In addition to all fines, fees, costs, and
7 punishments prescribed by law, an additional fine of $1 for
8 every mile per hour over the posted speed limit shall be
9 imposed or assessed for any conviction for violating this
10 Section. No later than 30 days after collection, proceeds
11 from the additional fines collected under this subsection (h)
12 shall be forwarded by the officer of the court who collects
13 the fines to the State Treasurer after 5% of the fine is
14 deducted for administrative costs. All amounts received by
15 the State Treasurer shall be credited to the Brain and Spinal
16 Cord Injury Trust Fund.
17 (Source: P.A. 89-444, eff. 1-25-96; 89-551, eff. 1-1-97.)
18 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
19 Sec. 12-603.1. Driver and passenger required to use
20 safety belts, exceptions and penalty.
21 (a) Each driver and front seat passenger of a motor
22 vehicle operated on a street or highway in this State shall
23 wear a properly adjusted and fastened seat safety belt;
24 except that, a child less than 6 years of age shall be
25 protected as required pursuant to the Child Passenger
26 Protection Act. Each driver of a motor vehicle transporting a
27 child 6 years of age or more, but less than 16 years of age,
28 in the front seat of the motor vehicle shall secure the child
29 in a properly adjusted and fastened seat safety belt.
30 (b) Paragraph (a) shall not apply to any of the
31 following:
32 1. A driver or passenger frequently stopping and leaving
33 the vehicle or delivering property from the vehicle, if the
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1 speed of the vehicle between stops does not exceed 15 miles
2 per hour.
3 2. A driver or passenger possessing a written statement
4 from a physician that such person is unable, for medical or
5 physical reasons, to wear a seat safety belt.
6 3. A driver or passenger possessing an official
7 certificate or license endorsement issued by the appropriate
8 agency in another state or country indicating that the driver
9 is unable for medical, physical, or other valid reasons to
10 wear a seat safety belt.
11 4. A driver operating a motor vehicle in reverse.
12 5. A motor vehicle with a model year prior to 1965.
13 6. A motorcycle or motor driven cycle.
14 7. A motorized pedalcycle.
15 8. A motor vehicle which is not required to be equipped
16 with seat safety belts under federal law.
17 9. A motor vehicle operated by a rural letter carrier of
18 the United States postal service while performing duties as a
19 rural letter carrier.
20 (c) Failure to wear a seat safety belt in violation of
21 this Section shall not be considered evidence of negligence,
22 shall not limit the liability of an insurer, and shall not
23 diminish any recovery for damages arising out of the
24 ownership, maintenance, or operation of a motor vehicle.
25 (d) A violation of this Section shall be a petty offense
26 and subject to a fine not to exceed $25.
27 (d-5) In addition to all fines, fees, costs, and
28 punishments prescribed by law, an additional fine of $25
29 shall be imposed or assessed for any conviction for violating
30 this Section. No later than 30 days after collection,
31 proceeds from the additional fines collected under this
32 subsection (d-5) shall be forwarded by the officer of the
33 court who collects the fines to the State Treasurer after 5%
34 of the fine is deducted for administrative costs. All
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1 amounts received by the State Treasurer shall be credited to
2 the Brain and Spinal Cord Injury Trust Fund.
3 (e) No motor vehicle, or driver or passenger of such
4 vehicle, shall be stopped or searched by any law enforcement
5 officer solely on the basis of a violation or suspected
6 violation of this Section.
7 (Source: P.A. 85-291.)
8 Section 15. The Child Passenger Protection Act is
9 amended by changing Section 6 as follows:
10 (625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)
11 Sec. 6. (a) A violation of this Act is a petty offense
12 punishable by a fine of not more than $25 waived upon proof
13 of possession of an approved child restraint system as
14 defined under this Act. A subsequent violation of this Act is
15 a petty offense punishable by a fine of not more than $50.
16 (b) In addition to all fines, fees, costs, and
17 punishments prescribed by law, an additional fine of $25
18 shall be imposed or assessed for any conviction for violating
19 this Section. No later than 30 days after collection,
20 proceeds from the additional fines collected under this
21 subsection (b) shall be forwarded by the officer of the court
22 who collects the fines to the State Treasurer after 5% of the
23 fine is deducted for administrative costs. All amounts
24 received by the State Treasurer shall be credited to the
25 Brain and Spinal Cord Injury Trust Fund.
26 (Source: P.A. 83-8.)
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
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1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.