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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB3936
LRB9109933DHmb
1 AN ACT concerning driver's licenses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 2-118.1, 6-118, 6-206, 6-208, 6-514, and
6 6-520 as follows:
7 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
8 Sec. 2-118.1. Opportunity for hearing; statutory summary
9 alcohol or other drug related suspension.
10 (a) A statutory summary suspension of driving privileges
11 under Section 11-501.1 shall not become effective until the
12 person is notified in writing of the impending suspension and
13 informed that he may request a hearing in the circuit court
14 of venue under paragraph (b) of this Section and the
15 statutory summary suspension shall become effective as
16 provided in Section 11-501.1.
17 (b) Within 90 days after the notice of statutory summary
18 suspension served under Section 11-501.1, the person may make
19 a written request for a judicial hearing in the circuit court
20 of venue. The request to the circuit court shall state the
21 grounds upon which the person seeks to have the statutory
22 summary suspension rescinded. Within 30 days after receipt of
23 the written request or the first appearance date on the
24 Uniform Traffic Ticket issued pursuant to a violation of
25 Section 11-501, or a similar provision of a local ordinance,
26 the hearing shall be conducted by the circuit court having
27 jurisdiction. This judicial hearing, request, or process
28 shall not stay or delay the statutory summary suspension. The
29 hearings shall proceed in the court in the same manner as in
30 other civil proceedings.
31 The hearing may be conducted upon a review of the law
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1 enforcement officer's own official reports; provided however,
2 that the person may subpoena the officer. Failure of the
3 officer to answer the subpoena shall be considered grounds
4 for a continuance if in the court's discretion the
5 continuance is appropriate.
6 The scope of the hearing shall be limited to the issues
7 of:
8 1. Whether the person was placed under arrest for
9 an offense as defined in Section 11-501, or a similar
10 provision of a local ordinance, as evidenced by the
11 issuance of a Uniform Traffic Ticket, or issued a Uniform
12 Traffic Ticket out of state as provided in subsection (a)
13 of Section 11-501.1; and
14 2. Whether the officer had reasonable grounds to
15 believe that the person was driving or in actual physical
16 control of a motor vehicle upon a highway while under the
17 influence of alcohol, other drug, or combination of both;
18 and
19 3. Whether the person, after being advised by the
20 officer that the privilege to operate a motor vehicle
21 would be suspended if the person refused to submit to and
22 complete the test or tests, did refuse to submit to or
23 complete the test or tests to determine the person's
24 alcohol or drug concentration; or
25 4. Whether the person, after being advised by the
26 officer that the privilege to operate a motor vehicle
27 would be suspended if the person submits to a chemical
28 test, or tests, and the test discloses an alcohol
29 concentration of 0.08 or more, or any amount of a drug,
30 substance, or compound in the person's blood or urine
31 resulting from the unlawful use or consumption of
32 cannabis listed in the Cannabis Control Act, or a
33 controlled substance listed in the Illinois Controlled
34 Substances Act, or an intoxicating compound listed in the
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1 Use of Intoxicating Compounds Act, and the person did
2 submit to and complete the test or tests that determined
3 an alcohol concentration of 0.08 or more.
4 Upon the conclusion of the judicial hearing, the circuit
5 court shall sustain or rescind the statutory summary
6 suspension and immediately notify the Secretary of State.
7 Reports received by the Secretary of State under this Section
8 shall be privileged information and for use only by the
9 courts, police officers, and Secretary of State.
10 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)
11 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
12 Sec. 6-118. Fees.
13 (a) The fee for licenses and permits under this Article
14 is as follows:
15 Original driver's license.............................$10
16 Original or renewal driver's license
17 issued to 18, 19 and 20 year olds..................5
18 All driver's licenses for persons
19 age 69 through age 80..............................5
20 All driver's licenses for persons
21 age 81 through age 86..............................2
22 All driver's licenses for persons
23 age 87 or older....................................0
24 Renewal driver's license (except for
25 applicants ages 18, 19 and 20 or
26 age 69 and older).................................10
27 Original instruction permit issued to
28 persons (except those age 69 and older)
29 who do not hold or have not previously
30 held an Illinois instruction permit or
31 driver's license..................................20
32 Instruction permit issued to any person
33 holding an Illinois driver's license
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1 who wishes a change in classifications,
2 other than at the time of renewal..................5
3 Any instruction permit issued to a person
4 age 69 and older...................................5
5 Instruction permit issued to any person,
6 under age 69, not currently holding a
7 valid Illinois driver's license or
8 instruction permit but who has
9 previously been issued either document
10 in Illinois.......................................10
11 Restricted driving permit...............................8
12 Duplicate or corrected driver's license
13 or permit..........................................5
14 Duplicate or corrected restricted
15 driving permit.....................................5
16 Original or renewal M or L endorsement..................5
17 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
18 The fees for commercial driver licenses and permits
19 under Article V shall be as follows:
20 Commercial driver's license:
21 $6 for the CDLIS/AAMVAnet Fund
22 (Commercial Driver's License Information
23 System/American Association of Motor Vehicle
24 Administrators network Trust Fund);
25 $20 for the Motor Carrier Safety Inspection Fund;
26 $10 for the driver's license;
27 and $24 for the CDL:.............................$60
28 Renewal commercial driver's license:
29 $6 for the CDLIS/AAMVAnet Trust Fund;
30 $20 for the Motor Carrier Safety Inspection Fund;
31 $10 for the driver's license; and
32 $24 for the CDL:.................................$60
33 Commercial driver instruction permit
34 issued to any person holding a valid
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1 Illinois driver's license for the
2 purpose of changing to a
3 CDL classification: $6 for the
4 CDLIS/AAMVAnet Trust Fund;
5 $20 for the Motor Carrier
6 Safety Inspection Fund; and
7 $24 for the CDL classification...................$50
8 Commercial driver instruction permit
9 issued to any person holding a valid
10 Illinois CDL for the purpose of
11 making a change in a classification,
12 endorsement or restriction........................$5
13 CDL duplicate or corrected license.....................$5
14 In order to ensure the proper implementation of the
15 Uniform Commercial Driver License Act, Article V of this
16 Chapter, the Secretary of State is empowered to pro-rate the
17 $24 fee for the commercial driver's license proportionate to
18 the expiration date of the applicant's Illinois driver's
19 license.
20 The fee for any duplicate license or permit shall be
21 waived for any person age 60 or older who presents the
22 Secretary of State's office with a police report showing that
23 his license or permit was stolen.
24 No additional fee shall be charged for a driver's
25 license, or for a commercial driver's license, when issued to
26 the holder of an instruction permit for the same
27 classification or type of license who becomes eligible for
28 such license.
29 (b) Any person whose license or privilege to operate a
30 motor vehicle in this State has been suspended or revoked
31 under any provision of Chapter 6, Chapter 11, or Section
32 7-702 of the Family Financial Responsibility Law of this
33 Code, shall in addition to any other fees required by this
34 Code, pay a reinstatement fee as follows:
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1 Summary suspension under Section 11-501.1.............$60
2 Other suspension......................................$30
3 Revocation............................................$60
4 However, any person whose license or privilege to operate
5 a motor vehicle in this State has been suspended or revoked
6 for a second or subsequent time for a violation of Section
7 11-501 or 11-501.1 of this Code or a similar provision of a
8 local ordinance or a similar out-of-state offense or Section
9 9-3 of the Criminal Code of 1961 and each suspension or
10 revocation was for a violation of Section 11-501 or 11-501.1
11 of this Code or a similar provision of a local ordinance or a
12 similar out-of-state offense or Section 9-3 of the Criminal
13 Code of 1961 shall pay, in addition to any other fees
14 required by this Code, a reinstatement fee as follows:
15 Summary suspension under Section 11-501.1............$250
16 Revocation...........................................$250
17 (c) All fees collected under the provisions of this
18 Chapter 6 shall be paid into the Road Fund in the State
19 Treasury except as follows:
20 1. The following amounts shall be paid into the
21 Driver Education Fund:
22 (A) $16 of the $20 fee for an original
23 driver's instruction permit;
24 (B) $5 of the $10 fee for an original driver's
25 license;
26 (C) $5 of the $10 fee for a 4 year renewal
27 driver's license; and
28 (D) $4 of the $8 fee for a restricted driving
29 permit.
30 2. $30 of the $60 fee for reinstatement of a license
31 summarily suspended under Section 11-501.1 shall be
32 deposited into the Drunk and Drugged Driving Prevention
33 Fund. However, for a person whose license or privilege
34 to operate a motor vehicle in this State has been
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1 suspended or revoked for a second or subsequent time for
2 a violation of Section 11-501 or 11-501.1 of this Code or
3 a similar provision of a local ordinance or a similar
4 out-of-state offense or Section 9-3 of the Criminal Code
5 of 1961, $190 of the $250 fee for reinstatement of a
6 license summarily suspended under Section 11-501.1, and
7 $190 of the $250 fee for reinstatement of a revoked
8 license shall be deposited into the Drunk and Drugged
9 Driving Prevention Fund.
10 3. $6 of such original or renewal fee for a
11 commercial driver's license and $6 of the commercial
12 driver instruction permit fee when such permit is issued
13 to any person holding a valid Illinois driver's license,
14 shall be paid into the CDLIS/AAMVAnet Trust Fund.
15 4. The fee for reinstatement of a license suspended
16 under the Family Financial Responsibility Law shall be
17 paid into the Family Responsibility Fund.
18 5. The $5 fee for each original or renewal M or L
19 endorsement shall be deposited into the Cycle Rider
20 Safety Training Fund.
21 6. $20 of any original or renewal fee for a
22 commercial driver's license or commercial driver
23 instruction permit shall be paid into the Motor Carrier
24 Safety Inspection Fund.
25 (Source: P.A. 90-622, eff. 3-1-99; 90-738, eff. 1-1-99;
26 91-357, eff. 7-29-99; 91-537, eff. 8-13-99.)
27 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
28 Sec. 6-206. Discretionary authority to suspend or revoke
29 license or permit; Right to a hearing.
30 (a) The Secretary of State is authorized to suspend or
31 revoke the driving privileges of any person without
32 preliminary hearing upon a showing of the person's records or
33 other sufficient evidence that the person:
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1 1. Has committed an offense for which mandatory
2 revocation of a driver's license or permit is required
3 upon conviction;
4 2. Has been convicted of not less than 3 offenses
5 against traffic regulations governing the movement of
6 vehicles committed within any 12 month period. No
7 revocation or suspension shall be entered more than 6
8 months after the date of last conviction;
9 3. Has been repeatedly involved as a driver in
10 motor vehicle collisions or has been repeatedly convicted
11 of offenses against laws and ordinances regulating the
12 movement of traffic, to a degree that indicates lack of
13 ability to exercise ordinary and reasonable care in the
14 safe operation of a motor vehicle or disrespect for the
15 traffic laws and the safety of other persons upon the
16 highway;
17 4. Has by the unlawful operation of a motor vehicle
18 caused or contributed to an accident resulting in death
19 or injury requiring immediate professional treatment in a
20 medical facility or doctor's office to any person, except
21 that any suspension or revocation imposed by the
22 Secretary of State under the provisions of this
23 subsection shall start no later than 6 months after being
24 convicted of violating a law or ordinance regulating the
25 movement of traffic, which violation is related to the
26 accident, or shall start not more than one year after the
27 date of the accident, whichever date occurs later;
28 5. Has permitted an unlawful or fraudulent use of a
29 driver's license, identification card, or permit;
30 6. Has been lawfully convicted of an offense or
31 offenses in another state, including the authorization
32 contained in Section 6-203.1, which if committed within
33 this State would be grounds for suspension or revocation;
34 7. Has refused or failed to submit to an
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1 examination provided for by Section 6-207 or has failed
2 to pass the 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
6 concealed a material fact or has used false information
7 or 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 judicial driving permit, probationary license to
17 drive, or a restricted driving permit issued under this
18 Code;
19 12. Has submitted to any portion of the application
20 process for another person or has obtained the services
21 of another person to submit to any portion of the
22 application process for the purpose of obtaining a
23 license, identification card, or permit for some other
24 person;
25 13. Has operated a motor vehicle upon a highway of
26 this State when the person's driver's license or permit
27 was invalid under the provisions of Sections 6-107.1 and
28 6-110;
29 14. Has committed a violation of Section 6-301,
30 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
31 14B of the Illinois Identification Card Act;
32 15. Has been convicted of violating Section 21-2 of
33 the Criminal Code of 1961 relating to criminal trespass
34 to vehicles in which case, the suspension shall be for
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1 one year;
2 16. Has been convicted of violating Section 11-204
3 of this Code relating to fleeing from a police officer;
4 17. Has refused to submit to a test, or tests, as
5 required under Section 11-501.1 of this Code and the
6 person has not sought a hearing as provided for in
7 Section 11-501.1;
8 18. Has, since issuance of a driver's license or
9 permit, been adjudged to be afflicted with or suffering
10 from any mental disability or disease;
11 19. Has committed a violation of paragraph (a) or
12 (b) of Section 6-101 relating to driving without a
13 driver's license;
14 20. Has been convicted of violating Section 6-104
15 relating to classification of driver's license;
16 21. Has been convicted of violating Section 11-402
17 of this Code relating to leaving the scene of an accident
18 resulting in damage to a vehicle in excess of $1,000, in
19 which case the suspension shall be for one year;
20 22. Has used a motor vehicle in violating paragraph
21 (3), (4), (7), or (9) of subsection (a) of Section 24-1
22 of the Criminal Code of 1961 relating to unlawful use of
23 weapons, in which case the suspension shall be for one
24 year;
25 23. Has, as a driver, been convicted of committing
26 a violation of paragraph (a) of Section 11-502 of this
27 Code for a second or subsequent time within one year of a
28 similar violation;
29 24. Has been convicted by a court-martial or
30 punished by non-judicial punishment by military
31 authorities of the United States at a military
32 installation in Illinois of or for a traffic related
33 offense that is the same as or similar to an offense
34 specified under Section 6-205 or 6-206 of this Code;
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1 25. Has permitted any form of identification to be
2 used by another in the application process in order to
3 obtain or attempt to obtain a license, identification
4 card, or permit;
5 26. Has altered or attempted to alter a license or
6 has possessed an altered license, identification card, or
7 permit;
8 27. Has violated Section 6-16 of the Liquor Control
9 Act of 1934;
10 28. Has been convicted of the illegal possession,
11 while operating or in actual physical control, as a
12 driver, of a motor vehicle, of any controlled substance
13 prohibited under the Illinois Controlled Substances Act
14 or any cannabis prohibited under the provisions of the
15 Cannabis Control Act, in which case the person's driving
16 privileges shall be suspended for one year, and any
17 driver who is convicted of a second or subsequent
18 offense, within 5 years of a previous conviction, for the
19 illegal possession, while operating or in actual physical
20 control, as a driver, of a motor vehicle, of any
21 controlled substance prohibited under the provisions of
22 the Illinois Controlled Substances Act or any cannabis
23 prohibited under the Cannabis Control Act shall be
24 suspended for 5 years. Any defendant found guilty of this
25 offense while operating a motor vehicle, shall have an
26 entry made in the court record by the presiding judge
27 that this offense did occur while the defendant was
28 operating a motor vehicle and order the clerk of the
29 court to report the violation to the Secretary of State;
30 29. Has been convicted of the following offenses
31 that were committed while the person was operating or in
32 actual physical control, as a driver, of a motor vehicle:
33 criminal sexual assault, predatory criminal sexual
34 assault of a child, aggravated criminal sexual assault,
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1 criminal sexual abuse, aggravated criminal sexual abuse,
2 juvenile pimping, soliciting for a juvenile prostitute
3 and the manufacture, sale or delivery of controlled
4 substances or instruments used for illegal drug use or
5 abuse in which case the driver's driving privileges shall
6 be suspended for one year;
7 30. Has been convicted a second or subsequent time
8 for any combination of the offenses named in paragraph 29
9 of this subsection, in which case the person's driving
10 privileges shall be suspended for 5 years;
11 31. Has refused to submit to a test as required by
12 Section 11-501.6 or has submitted to a test resulting in
13 an alcohol concentration of 0.08 or more or any amount of
14 a drug, substance, or compound resulting from the
15 unlawful use or consumption of cannabis as listed in the
16 Cannabis Control Act, or a controlled substance as listed
17 in the Illinois Controlled Substances Act, or an
18 intoxicating compound as listed in the Use of
19 Intoxicating Compounds Act, in which case the penalty
20 shall be as prescribed in Section 6-208.1;
21 32. Has been convicted of Section 24-1.2 of the
22 Criminal Code of 1961 relating to the aggravated
23 discharge of a firearm if the offender was located in a
24 motor vehicle at the time the firearm was discharged, in
25 which case the suspension shall be for 3 years;
26 33. Has as a driver, who was less than 21 years of
27 age on the date of the offense, been convicted a first
28 time of a violation of paragraph (a) of Section 11-502 of
29 this Code or a similar provision of a local ordinance;
30 34. Has committed a violation of Section 11-1301.5
31 of this Code;
32 35. Has committed a violation of Section 11-1301.6
33 of this Code; or
34 36. Is under the age of 21 years at the time of
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1 arrest and has been convicted of not less than 2
2 offenses against traffic regulations governing the
3 movement of vehicles committed within any 24 month
4 period. No revocation or suspension shall be entered
5 more than 6 months after the date of last conviction.
6 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
7 and 27 of this subsection, license means any driver's
8 license, any traffic ticket issued when the person's driver's
9 license is deposited in lieu of bail, a suspension notice
10 issued by the Secretary of State, a duplicate or corrected
11 driver's license, a probationary driver's license or a
12 temporary driver's license.
13 (b) If any conviction forming the basis of a suspension
14 or revocation authorized under this Section is appealed, the
15 Secretary of State may rescind or withhold the entry of the
16 order of suspension or revocation, as the case may be,
17 provided that a certified copy of a stay order of a court is
18 filed with the Secretary of State. If the conviction is
19 affirmed on appeal, the date of the conviction shall relate
20 back to the time the original judgment of conviction was
21 entered and the 6 month limitation prescribed shall not
22 apply.
23 (c) 1. Upon suspending or revoking the driver's license
24 or permit of any person as authorized in this Section,
25 the Secretary of State shall immediately notify the
26 person in writing of the revocation or suspension. The
27 notice to be deposited in the United States mail, postage
28 prepaid, to the last known address of the person.
29 2. If the Secretary of State suspends the driver's
30 license of a person under subsection 2 of paragraph (a)
31 of this Section, a person's privilege to operate a
32 vehicle as an occupation shall not be suspended, provided
33 an affidavit is properly completed, the appropriate fee
34 received, and a permit issued prior to the effective date
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1 of the suspension, unless 5 offenses were committed, at
2 least 2 of which occurred while operating a commercial
3 vehicle in connection with the driver's regular
4 occupation. All other driving privileges shall be
5 suspended by the Secretary of State. Any driver prior to
6 operating a vehicle for occupational purposes only must
7 submit the affidavit on forms to be provided by the
8 Secretary of State setting forth the facts of the
9 person's occupation. The affidavit shall also state the
10 number of offenses committed while operating a vehicle in
11 connection with the driver's regular occupation. The
12 affidavit shall be accompanied by the driver's license.
13 Upon receipt of a properly completed affidavit, the
14 Secretary of State shall issue the driver a permit to
15 operate a vehicle in connection with the driver's regular
16 occupation only. Unless the permit is issued by the
17 Secretary of State prior to the date of suspension, the
18 privilege to drive any motor vehicle shall be suspended
19 as set forth in the notice that was mailed under this
20 Section. If an affidavit is received subsequent to the
21 effective date of this suspension, a permit may be issued
22 for the remainder of the suspension period.
23 The provisions of this subparagraph shall not apply
24 to any driver required to obtain a commercial driver's
25 license under Section 6-507 during the period of a
26 disqualification of commercial driving privileges under
27 Section 6-514.
28 Any person who falsely states any fact in the
29 affidavit required herein shall be guilty of perjury
30 under Section 6-302 and upon conviction thereof shall
31 have all driving privileges revoked without further
32 rights.
33 3. At the conclusion of a hearing under Section
34 2-118 of this Code, the Secretary of State shall either
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1 rescind or continue an order of revocation or shall
2 substitute an order of suspension; or, good cause
3 appearing therefor, rescind, continue, change, or extend
4 the order of suspension. If the Secretary of State does
5 not rescind the order, the Secretary may upon
6 application, to relieve undue hardship, issue a
7 restricted driving permit granting the privilege of
8 driving a motor vehicle between the petitioner's
9 residence and petitioner's place of employment or within
10 the scope of his employment related duties, or to allow
11 transportation for the petitioner, or a household member
12 of the petitioner's family, to receive necessary medical
13 care and if the professional evaluation indicates,
14 provide transportation for alcohol remedial or
15 rehabilitative activity, or for the petitioner to attend
16 classes, as a student, in an accredited educational
17 institution; if the petitioner is able to demonstrate
18 that no alternative means of transportation is reasonably
19 available and the petitioner will not endanger the public
20 safety or welfare. In each case the Secretary may issue a
21 restricted driving permit for a period deemed
22 appropriate, except that all permits shall expire within
23 one year from the date of issuance. A restricted driving
24 permit issued under this Section shall be subject to
25 cancellation, revocation, and suspension by the Secretary
26 of State in like manner and for like cause as a driver's
27 license issued under this Code may be cancelled, revoked,
28 or suspended; except that a conviction upon one or more
29 offenses against laws or ordinances regulating the
30 movement of traffic shall be deemed sufficient cause for
31 the revocation, suspension, or cancellation of a
32 restricted driving permit. The Secretary of State may, as
33 a condition to the issuance of a restricted driving
34 permit, require the applicant to participate in a
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1 designated driver remedial or rehabilitative program. The
2 Secretary of State is authorized to cancel a restricted
3 driving permit if the permit holder does not successfully
4 complete the program.
5 (c-5) The Secretary of State may, as a condition of the
6 reissuance of a driver's license or permit to an applicant
7 under the age of 18 years whose driver's license or permit
8 has been suspended prior to the age of 18 years pursuant to
9 any of the provisions of this Section, require the applicant
10 to participate in a driver remedial education course and be
11 retested under Section 6-109 of this Code.
12 (d) This Section is subject to the provisions of the
13 Drivers License Compact.
14 (e) The Secretary of State shall not issue a restricted
15 driving permit to a person under the age of 16 years whose
16 driving privileges have been suspended or revoked under any
17 provisions of this Code.
18 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
19 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
20 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
21 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
22 Sec. 6-208. Period of Suspension - Application After
23 Revocation.
24 (a) Except as otherwise provided by this Code or any
25 other law of this State, the Secretary of State shall not
26 suspend a driver's license, permit or privilege to drive a
27 motor vehicle on the highways for a period of more than one
28 year.
29 (b) Any person whose license, permit or privilege to
30 drive a motor vehicle on the highways has been revoked shall
31 not be entitled to have such license, permit or privilege
32 renewed or restored. However, such person may, except as
33 provided under subsection (d) of Section 6-205, make
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1 application for a license pursuant to Section 6-106 (i) if
2 the revocation was for a cause which has been removed or (ii)
3 as provided in the following subparagraphs:
4 1. Except as provided in subparagraphs 2, 3, and 4,
5 the person may make application for a license after the
6 expiration of one year from the effective date of the
7 revocation or, in the case of a violation of paragraph
8 (b) of Section 11-401 of this Code or a similar provision
9 of a local ordinance, after the expiration of 3 years
10 from the effective date of the revocation or, in the case
11 of a violation of Section 9-3 of the Criminal Code of
12 1961 relating to the offense of reckless homicide, after
13 the expiration of 2 years from the effective date of the
14 revocation.
15 2. If such person is convicted of committing a
16 second violation within a 20 year period of:
17 (A) Section 11-501 of this Code, or a similar
18 provision of a local ordinance; or
19 (B) Paragraph (b) of Section 11-401 of this
20 Code, or a similar provision of a local ordinance;
21 or
22 (C) Section 9-3 of the Criminal Code of 1961,
23 as amended, relating to the offense of reckless
24 homicide; or
25 (D) any combination of the above offenses
26 committed at different instances;
27 then such person may not make application for a license
28 until after the expiration of 5 years from the effective
29 date of the most recent revocation. The 20 year period
30 shall be computed by using the dates the offenses were
31 committed and shall also include similar out-of-state
32 offenses.
33 3. However, except as provided in subparagraph 4,
34 if such person is convicted of committing a third, or
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1 subsequent, violation or any combination of the above
2 offenses, including similar out-of-state offenses,
3 contained in subparagraph 2, then such person may not
4 make application for a license until after the expiration
5 of 10 years from the effective date of the most recent
6 revocation.
7 4. The person may not make application for a
8 license if the person is convicted of committing a fourth
9 or subsequent violation of Section 11-501 of this Code or
10 a similar provision of a local ordinance, paragraph (b)
11 of Section 11-401 of this Code, Section 9-3 of the
12 Criminal Code of 1961, or a combination of these offenses
13 or similar provisions of local ordinances or similar
14 out-of-state offenses if the original revocation or
15 suspension was for a violation of Section 11-501 or
16 11-501.1 of this Code or a similar provision of a local
17 ordinance.
18 Notwithstanding any other provision of this Code, all
19 persons referred to in this paragraph (b) may not have their
20 privileges restored until the Secretary receives payment of
21 the required reinstatement fee pursuant to subsection (b) of
22 Section 6-118.
23 In no event shall the Secretary issue such license unless
24 and until such person has had a hearing pursuant to this Code
25 and the appropriate administrative rules and the Secretary is
26 satisfied, after a review or investigation of such person,
27 that to grant the privilege of driving a motor vehicle on the
28 highways will not endanger the public safety or welfare.
29 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99;
30 91-357, eff. 7-29-99.)
31 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
32 Sec. 6-514. Commercial Driver's License (CDL) -
33 Disqualifications.
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1 (a) A person shall be disqualified from driving a
2 commercial motor vehicle for a period of not less than 12
3 months for the first violation of:
4 (1) Refusing to submit to or failure to complete a
5 test or tests to determine the driver's blood
6 concentration of alcohol, other drug, or both, while
7 driving a commercial motor vehicle; or
8 (2) Operating a commercial motor vehicle while the
9 alcohol concentration of the person's blood, breath or
10 urine is at least 0.04, or any amount of a drug,
11 substance, or intoxicating compound in the person's blood
12 or urine resulting from the unlawful use or consumption
13 of cannabis listed in the Cannabis Control Act, or a
14 controlled substance listed in the Illinois Controlled
15 Substances Act, or an intoxicating compound as listed in
16 the Use of Intoxicating Compounds Act as indicated by a
17 police officer's sworn report or other verified evidence;
18 or
19 (3) Conviction for a first violation of:
20 (i) Driving a commercial motor vehicle while
21 under the influence of alcohol, or any other drug,
22 or combination of drugs to a degree which renders
23 such person incapable of safely driving; or
24 (ii) Knowingly and wilfully leaving the scene
25 of an accident while operating a commercial motor
26 vehicle; or
27 (iii) Driving a commercial motor vehicle while
28 committing any felony.
29 If any of the above violations or refusals occurred
30 while transporting hazardous material(s) required to be
31 placarded, the person shall be disqualified for a period
32 of not less than 3 years.
33 (b) A person is disqualified for life for a second
34 conviction of any of the offenses specified in paragraph (a),
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1 or any combination of those offenses, arising from 2 or more
2 separate incidents.
3 (c) A person is disqualified from driving a commercial
4 motor vehicle for life who uses a commercial motor vehicle in
5 the commission of any felony involving the manufacture,
6 distribution, or dispensing of a controlled substance, or
7 possession with intent to manufacture, distribute or dispense
8 a controlled substance.
9 (d) The Secretary of State may, when the United States
10 Secretary of Transportation so authorizes, issue regulations
11 in which a disqualification for life under paragraph (b) may
12 be reduced to a period of not less than 10 years. If a
13 reinstated driver is subsequently convicted of another
14 disqualifying offense, as specified in subsection (a) of this
15 Section, he or she shall be permanently disqualified for life
16 and shall be ineligible to again apply for a reduction of the
17 lifetime disqualification.
18 (e) A person is disqualified from driving a commercial
19 motor vehicle for a period of not less than 2 months if
20 convicted of 2 serious traffic violations, committed in a
21 commercial motor vehicle, arising from separate incidents,
22 occurring within a 3 year period. However, a person will be
23 disqualified from driving a commercial motor vehicle for a
24 period of not less than 4 months if convicted of 3 serious
25 traffic violations, committed in a commercial motor vehicle,
26 arising from separate incidents, occurring within a 3 year
27 period.
28 (f) Notwithstanding any other provision of this Code,
29 any driver disqualified from operating a commercial motor
30 vehicle, pursuant to this UCDLA, shall not be eligible for
31 restoration of commercial driving privileges during any such
32 period of disqualification.
33 (g) After suspending, revoking, or cancelling a
34 commercial driver's license, the Secretary of State must
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1 update the driver's records to reflect such action within 10
2 days. After suspending or revoking the driving privilege of
3 any person who has been issued a CDL or commercial driver
4 instruction permit from another jurisdiction, the Secretary
5 shall originate notification to such issuing jurisdiction
6 within 10 days.
7 (h) The "disqualifications" referred to in this Section
8 shall not be imposed upon any commercial motor vehicle
9 driver, by the Secretary of State, unless the prohibited
10 action(s) occurred after March 31, 1992.
11 (i) A person is disqualified from driving a commercial
12 motor vehicle in accordance with the following:
13 (1) For 6 months upon a first conviction of
14 paragraph (2) of subsection (b) of Section 6-507 of this
15 Code.
16 (2) For one year upon a second conviction of
17 paragraph (2) of subsection (b) of Section 6-507 of this
18 Code within a 10-year period.
19 (3) For 3 years upon a third or subsequent
20 conviction of paragraph (2) of subsection (b) of Section
21 6-507 of this Code within a 10-year period.
22 (4) For one year upon a first conviction of
23 paragraph (3) of subsection (b) of Section 6-507 of this
24 Code.
25 (5) For 3 years upon a second conviction of
26 paragraph (3) of subsection (b) of Section 6-507 of this
27 Code within a 10-year period.
28 (6) For 5 years upon a third or subsequent
29 conviction of paragraph (3) of subsection (b) of Section
30 6-507 of this Code within a 10-year period.
31 (Source: P.A. 89-245, eff. 1-1-96; 90-422, eff. 1-1-98.)
32 (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
33 Sec. 6-520. CDL disqualification or out-of-service
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1 order; hearing.
2 (a) A disqualification of commercial driving privileges
3 by the Secretary of State, pursuant to this UCDLA, shall not
4 become effective until the person is notified in writing, by
5 the Secretary, of the impending disqualification and advised
6 that a CDL hearing may be requested.
7 (b) Upon receipt of the notice of a CDL disqualification
8 not based upon a conviction, an out-of-service order, or
9 notification that a CDL disqualification is forthcoming, the
10 person may make a written petition in a form, approved by the
11 Secretary of State, for a CDL hearing. Such petition must
12 state the grounds upon which the person seeks to have the CDL
13 disqualification rescinded or the out-of-service order
14 removed from the person's driving record. Within 10 days
15 after the receipt of such petition, it shall be reviewed by
16 the Director of the Department of Administrative Hearings,
17 Office of the Secretary of State, or by an appointed
18 designee. If it is determined that the petition on its face
19 does not state grounds upon which the relief may be based,
20 the petition for a CDL hearing shall be denied and the
21 disqualification shall become effective as if no petition had
22 been filed and the out-of-service order shall be sustained.
23 If such petition is so denied, the person may submit another
24 petition.
25 (c) The scope of a CDL hearing, for any disqualification
26 imposed pursuant to paragraphs (1) and (2) of subsection (a)
27 of Section 6-514 shall be limited to the following issues:
28 1. Whether the person was operating a commercial
29 motor vehicle;
30 2. Whether, after making the initial stop, the
31 police officer had probable cause to issue a Sworn
32 Report;
33 3. Whether the person was verbally warned of the
34 ensuing consequences prior to submitting to any type of
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1 chemical test or tests to determine such person's blood
2 concentration of alcohol, other drug, or both;
3 4. Whether the person did refuse to submit to or
4 failed to complete the chemical testing or did submit to
5 such test or tests and such test or tests disclosed an
6 alcohol concentration of at least 0.04 or any amount of a
7 drug, substance, or intoxicating compound resulting from
8 the unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act, or a controlled substance listed in
10 the Illinois Controlled Substances Act, or an
11 intoxicating compound as listed in the Use of
12 Intoxicating Compounds Act in the person's system;
13 5. Whether the person was warned that if the test
14 or tests disclosed an alcohol concentration of 0.08 or
15 more or any amount of a drug, substance, or intoxicating
16 compound resulting from the unlawful use or consumption
17 of cannabis listed in the Cannabis Control Act, or a
18 controlled substance listed in the Illinois Controlled
19 Substances Act, or an intoxicating compound as listed in
20 the Use of Intoxicating Compounds Act, such results could
21 be admissible in a subsequent prosecution under Section
22 11-501 of this Code or similar provision of local
23 ordinances; and
24 6. Whether such results could not be used to impose
25 any driver's license sanctions pursuant to Section
26 11-501.1.
27 Upon the conclusion of the above CDL hearing, the CDL
28 disqualification imposed shall either be sustained or
29 rescinded.
30 (d) The scope of a CDL hearing for any out-of-service
31 sanction, imposed pursuant to Section 6-515, shall be limited
32 to the following issues:
33 1. Whether the person was driving a commercial
34 motor vehicle;
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1 2. Whether, while driving such commercial motor
2 vehicle, the person had alcohol or any amount of a drug,
3 substance, or intoxicating compound resulting from the
4 unlawful use or consumption of cannabis listed in the
5 Cannabis Control Act, or a controlled substance listed in
6 the Illinois Controlled Substances Act, or an
7 intoxicating compound as listed in the Use of
8 Intoxicating Compounds Act in such person's system;
9 3. Whether the person was verbally warned of the
10 ensuing consequences prior to being asked to submit to
11 any type of chemical test or tests to determine such
12 person's alcohol, other drug, or both, concentration; and
13 4. Whether, after being so warned, the person did
14 refuse to submit to or failed to complete such chemical
15 test or tests or did submit to such test or tests and
16 such test or tests disclosed an alcohol concentration
17 greater than 0.00 or any amount of a drug, substance, or
18 intoxicating compound resulting from the unlawful use or
19 consumption of cannabis listed in the Cannabis Control
20 Act, or a controlled substance listed in the Illinois
21 Controlled Substances Act, or an intoxicating compound as
22 listed in the Use of Intoxicating Compounds Act.
23 Upon the conclusion of the above CDL hearing, the
24 out-of-service sanction shall either be sustained or removed
25 from the person's driving record.
26 (e) If any person petitions for a hearing relating to
27 any CDL disqualification based upon a conviction, as defined
28 in this UCDLA, said hearing shall not be conducted as a CDL
29 hearing, but shall be conducted as any other driver's license
30 hearing, whether formal or informal, as promulgated in the
31 rules and regulations of the Secretary.
32 (f) Any evidence of alcohol or other drug consumption,
33 for the purposes of this UCDLA, shall be sufficient probable
34 cause for requesting the driver to submit to a chemical test
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1 or tests to determine the presence of alcohol, other drug, or
2 both in the person's system and the subsequent issuance of an
3 out-of-service order or a Sworn Report by a police officer.
4 (g) For the purposes of this UCDLA, a CDL "hearing"
5 shall mean a hearing before the Office of the Secretary of
6 State in accordance with Section 2-118 of this Code, for the
7 purpose of resolving differences or disputes specifically
8 related to the scope of the issues identified in this
9 Section. These proceedings will be a matter of record and a
10 final appealable order issued. The petition for a CDL
11 hearing shall not stay or delay the effective date of the
12 impending disqualification.
13 (h) The CDL hearing may be conducted upon a review of
14 the police officer's own official reports; provided however,
15 that the petitioner may subpoena the officer. Failure of the
16 officer to answer the subpoena shall be grounds for a
17 continuance.
18 (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
19 Section 10. The Unified Code of Corrections is amended
20 by changing Section 5-6-3.1 as follows:
21 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
22 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
23 (a) When a defendant is placed on supervision, the court
24 shall enter an order for supervision specifying the period of
25 such supervision, and shall defer further proceedings in the
26 case until the conclusion of the period.
27 (b) The period of supervision shall be reasonable under
28 all of the circumstances of the case, but may not be longer
29 than 2 years, unless the defendant has failed to pay the
30 assessment required by Section 10.3 of the Cannabis Control
31 Act or Section 411.2 of the Illinois Controlled Substances
32 Act, in which case the court may extend supervision beyond 2
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1 years. Additionally, the court shall order the defendant to
2 perform no less than 30 hours of community service and not
3 more than 120 hours of community service, if community
4 service is available in the jurisdiction and is funded and
5 approved by the county board where the offense was committed,
6 when the offense (1) was related to or in furtherance of the
7 criminal activities of an organized gang or was motivated by
8 the defendant's membership in or allegiance to an organized
9 gang; or (2) is a violation of any Section of Article 24 of
10 the Criminal Code of 1961 where a disposition of supervision
11 is not prohibited by Section 5-6-1 of this Code. The
12 community service shall include, but not be limited to, the
13 cleanup and repair of any damage caused by violation of
14 Section 21-1.3 of the Criminal Code of 1961 and similar
15 damages to property located within the municipality or county
16 in which the violation occurred. Where possible and
17 reasonable, the community service should be performed in the
18 offender's neighborhood.
19 For the purposes of this Section, "organized gang" has
20 the meaning ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (c) The court may in addition to other reasonable
23 conditions relating to the nature of the offense or the
24 rehabilitation of the defendant as determined for each
25 defendant in the proper discretion of the court require that
26 the person:
27 (1) make a report to and appear in person before or
28 participate with the court or such courts, person, or
29 social service agency as directed by the court in the
30 order of supervision;
31 (2) pay a fine and costs;
32 (3) work or pursue a course of study or vocational
33 training;
34 (4) undergo medical, psychological or psychiatric
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1 treatment; or treatment for drug addiction or alcoholism;
2 (5) attend or reside in a facility established for
3 the instruction or residence of defendants on probation;
4 (6) support his dependents;
5 (7) refrain from possessing a firearm or other
6 dangerous weapon;
7 (8) and in addition, if a minor:
8 (i) reside with his parents or in a foster
9 home;
10 (ii) attend school;
11 (iii) attend a non-residential program for
12 youth;
13 (iv) contribute to his own support at home or
14 in a foster home; and
15 (9) make restitution or reparation in an amount not
16 to exceed actual loss or damage to property and pecuniary
17 loss or make restitution under Section 5-5-6 to a
18 domestic violence shelter. The court shall determine the
19 amount and conditions of payment;
20 (10) perform some reasonable public or community
21 service;
22 (11) comply with the terms and conditions of an
23 order of protection issued by the court pursuant to the
24 Illinois Domestic Violence Act of 1986. If the court has
25 ordered the defendant to make a report and appear in
26 person under paragraph (1) of this subsection, a copy of
27 the order of protection shall be transmitted to the
28 person or agency so designated by the court;
29 (12) reimburse any "local anti-crime program" as
30 defined in Section 7 of the Anti-Crime Advisory Council
31 Act for any reasonable expenses incurred by the program
32 on the offender's case, not to exceed the maximum amount
33 of the fine authorized for the offense for which the
34 defendant was sentenced;
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1 (13) contribute a reasonable sum of money, not to
2 exceed the maximum amount of the fine authorized for the
3 offense for which the defendant was sentenced, to a
4 "local anti-crime program", as defined in Section 7 of
5 the Anti-Crime Advisory Council Act;
6 (14) refrain from entering into a designated
7 geographic area except upon such terms as the court finds
8 appropriate. Such terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the defendant, and advance approval by a
11 probation officer;
12 (15) refrain from having any contact, directly or
13 indirectly, with certain specified persons or particular
14 types of person, including but not limited to members of
15 street gangs and drug users or dealers;
16 (16) refrain from having in his or her body the
17 presence of any illicit drug prohibited by the Cannabis
18 Control Act or the Illinois Controlled Substances Act,
19 unless prescribed by a physician, and submit samples of
20 his or her blood or urine or both for tests to determine
21 the presence of any illicit drug;
22 (17) refrain from operating any motor vehicle not
23 equipped with an ignition interlock device as defined in
24 Section 1-129.1 of the Illinois Vehicle Code. Under this
25 condition the court may allow a defendant who is not
26 self-employed to operate a vehicle owned by the
27 defendant's employer that is not equipped with an
28 ignition interlock device in the course and scope of the
29 defendant's employment.
30 (d) The court shall defer entering any judgment on the
31 charges until the conclusion of the supervision.
32 (e) At the conclusion of the period of supervision, if
33 the court determines that the defendant has successfully
34 complied with all of the conditions of supervision, the court
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1 shall discharge the defendant and enter a judgment dismissing
2 the charges.
3 (f) Discharge and dismissal upon a successful conclusion
4 of a disposition of supervision shall be deemed without
5 adjudication of guilt and shall not be termed a conviction
6 for purposes of disqualification or disabilities imposed by
7 law upon conviction of a crime. Two years after the
8 discharge and dismissal under this Section, unless the
9 disposition of supervision was for a violation of Sections
10 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
11 Vehicle Code or a similar provision of a local ordinance, or
12 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
13 Code of 1961, in which case it shall be 5 years after
14 discharge and dismissal, a person may have his record of
15 arrest sealed or expunged as may be provided by law.
16 However, any defendant placed on supervision before January
17 1, 1980, may move for sealing or expungement of his arrest
18 record, as provided by law, at any time after discharge and
19 dismissal under this Section. A person placed on supervision
20 for a sexual offense committed against a minor as defined in
21 subsection (g) of Section 5 of the Criminal Identification
22 Act or for a violation of Section 11-501 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance
24 shall not have his or her record of arrest sealed or
25 expunged.
26 (g) A defendant placed on supervision and who during the
27 period of supervision undergoes mandatory drug or alcohol
28 testing, or both, or is assigned to be placed on an approved
29 electronic monitoring device, shall be ordered to pay the
30 costs incidental to such mandatory drug or alcohol testing,
31 or both, and costs incidental to such approved electronic
32 monitoring in accordance with the defendant's ability to pay
33 those costs. The county board with the concurrence of the
34 Chief Judge of the judicial circuit in which the county is
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1 located shall establish reasonable fees for the cost of
2 maintenance, testing, and incidental expenses related to the
3 mandatory drug or alcohol testing, or both, and all costs
4 incidental to approved electronic monitoring, of all
5 defendants placed on supervision. The concurrence of the
6 Chief Judge shall be in the form of an administrative order.
7 The fees shall be collected by the clerk of the circuit
8 court. The clerk of the circuit court shall pay all moneys
9 collected from these fees to the county treasurer who shall
10 use the moneys collected to defray the costs of drug testing,
11 alcohol testing, and electronic monitoring. The county
12 treasurer shall deposit the fees collected in the county
13 working cash fund under Section 6-27001 or Section 6-29002 of
14 the Counties Code, as the case may be.
15 (h) A disposition of supervision is a final order for
16 the purposes of appeal.
17 (i) The court shall impose upon a defendant placed on
18 supervision after January 1, 1992, as a condition of
19 supervision, a fee of $25 for each month of supervision
20 ordered by the court, unless after determining the inability
21 of the person placed on supervision to pay the fee, the court
22 assesses a lesser fee. The court may not impose the fee on a
23 minor who is made a ward of the State under the Juvenile
24 Court Act of 1987 while the minor is in placement. The fee
25 shall be imposed only upon a defendant who is actively
26 supervised by the probation and court services department.
27 The fee shall be collected by the clerk of the circuit court.
28 The clerk of the circuit court shall pay all monies collected
29 from this fee to the county treasurer for deposit in the
30 probation and court services fund pursuant to Section 15.1 of
31 the Probation and Probation Officers Act.
32 (j) All fines and costs imposed under this Section for
33 any violation of Chapters 3, 4, 6, and 11 of the Illinois
34 Vehicle Code, or a similar provision of a local ordinance,
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1 and any violation of the Child Passenger Protection Act, or a
2 similar provision of a local ordinance, shall be collected
3 and disbursed by the circuit clerk as provided under Section
4 27.5 of the Clerks of Courts Act.
5 (k) A defendant at least 17 years of age who is placed
6 on supervision for a misdemeanor in a county of 3,000,000 or
7 more inhabitants and who has not been previously convicted of
8 a misdemeanor or felony may as a condition of his or her
9 supervision be required by the court to attend educational
10 courses designed to prepare the defendant for a high school
11 diploma and to work toward a high school diploma or to work
12 toward passing the high school level Test of General
13 Educational Development (GED) or to work toward completing a
14 vocational training program approved by the court. The
15 defendant placed on supervision must attend a public
16 institution of education to obtain the educational or
17 vocational training required by this subsection (k). The
18 defendant placed on supervision shall be required to pay for
19 the cost of the educational courses or GED test, if a fee is
20 charged for those courses or test. The court shall revoke
21 the supervision of a person who wilfully fails to comply with
22 this subsection (k). The court shall resentence the
23 defendant upon revocation of supervision as provided in
24 Section 5-6-4. This subsection (k) does not apply to a
25 defendant who has a high school diploma or has successfully
26 passed the GED test. This subsection (k) does not apply to a
27 defendant who is determined by the court to be
28 developmentally disabled or otherwise mentally incapable of
29 completing the educational or vocational program.
30 (l) The court shall require a defendant placed on
31 supervision for possession of a substance prohibited by the
32 Cannabis Control Act or Illinois Controlled Substances Act
33 after a previous conviction or disposition of supervision for
34 possession of a substance prohibited by the Cannabis Control
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1 Act or Illinois Controlled Substances Act or a sentence of
2 probation under Section 10 of the Cannabis Control Act or
3 Section 410 of the Illinois Controlled Substances Act and
4 after a finding by the court that the person is addicted, to
5 undergo treatment at a substance abuse program approved by
6 the court.
7 (m) The Secretary of State court shall require anyone a
8 defendant placed on court supervision for a violation of
9 Section 3-707 of the Illinois Vehicle Code or a similar
10 provision of a local ordinance, as a condition of
11 supervision, to give proof of his or her financial
12 responsibility as defined in Section 7-315 of the Illinois
13 Vehicle Code. The proof shall be maintained by the
14 individual defendant in a manner satisfactory to the
15 Secretary of State for a minimum period of one year after the
16 date the proof is first filed. The proof shall be limited to
17 a single action per arrest and may not be affected by any
18 post-sentence disposition. The Secretary of State shall
19 suspend the driver's license of any person determined by the
20 Secretary to be in violation of this subsection.
21 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
22 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
23 1-1-99; 91-127, eff. 1-1-00.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.