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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB1041enr HB1041 Enrolled LRB9201961DHmg 1 AN ACT regarding vehicles. 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, 5-103, 6-117, 6-118, 6-204, 6-206, 6 6-208, and 7-604 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to the circuit court shall state the 21 grounds upon which the person seeks to have the statutory 22 summary suspension rescinded.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 HB1041 Enrolled -2- LRB9201961DHmg 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,ora 33 controlled substance listed in the Illinois Controlled 34 Substances Act, or an intoxicating compound as listed in HB1041 Enrolled -3- LRB9201961DHmg 1 the 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 5/5-103) (from Ch. 95 1/2, par. 5-103) 12 Sec. 5-103. (a) Every new vehicle manufacturer shall 13 specify the delivery and preparation obligations of its 14 vehicle dealers prior to delivery of new vehicles to retail 15 buyers. A copy of the delivery and preparation obligations of 16 its dealers shall be filed with the Secretary of State by 17 every vehicle manufacturer and shall constitute the vehicle 18 dealer's only responsibility for product liability as between 19 the dealer and the manufacturer. A manufacturer's product or 20 warranty liability to the dealer shall extend to any 21 mechanical, body or parts defect constituting a breach of any 22 express or implied warranty of the manufacturer. The 23 manufacturer shall reasonably compensate any authorized 24 dealer who rectifies a defect which constitutes a breach of 25 any express or implied warranty of the manufacturer and for 26 preparation and delivery obligations. Every dealer shall 27 perform the preparation and get ready services specified by 28 the manufacturer to be performed prior to the delivery of the 29 new vehicle to the buyer. 30 (b) The owner of the vehicle may cause the vehicle to be 31 inspected according to this Section and have the original 32 manufacturer's warranty reinstated if the vehicle is a theft 33 recovery that has been salvaged and is recovered without HB1041 Enrolled -4- LRB9201961DHmg 1 structural damage or missing essential parts, excluding 2 wheels, damage to the steering column, and radios provided 3 the owner: 4 (1) Submits the vehicle to a franchised dealer for 5 a complete inspection, including fluids, frame, essential 6 parts, and other items deemed by the manufacturer as 7 essential for verification of the condition of the 8 vehicle at the time of recovery. 9 (2) Submits a copy of the police recovery report to 10 the inspecting dealer. 11 (3) Paid the inspection fee charged by the 12 franchised dealer. 13 The manufacturer shall reinstate the original 14 manufacturer's warranty if a vehicle is certified by a 15 franchised dealer as having complied with the provisions of 16 this Section. The manufacturer shall, in addition to 17 reinstating the warranty, provide the owner with a written 18 statement indicating that the original manufacturer's 19 warranty has been reinstated. 20 (c)Any licensed vehicle dealer that offers, provides or21sells in-house and or self-insured extended warranties or22service contracts, other than those of the vehicle23manufacturer, shallretain adequate reserves or insurance for24the protection of the purchasing consumer. The Secretary of25State shall provide by rule and regulation for the26implementation of this requirement.27 Nothing in this Section shall affect a cause of action a 28 buyer may have against a dealer or manufacturer under present 29 applicable statutory or case law. 30 (Source: P.A. 89-189, eff. 1-1-96.) 31 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117) 32 Sec. 6-117. Records to be kept by the Secretary of 33 State. HB1041 Enrolled -5- LRB9201961DHmg 1 (a) The Secretary of State shall file every application 2 for a license or permit accepted under this Chapter, and 3 shall maintain suitable indexes thereof. The records of the 4 Secretary of State shall indicate the action taken with 5 respect to such applications. 6 (b) The Secretary of State shall maintain appropriate 7 records of all licenses and permits refused, cancelled, 8 revoked or suspended and of the revocation and suspension of 9 driving privileges of persons not licensed under this 10 Chapter, and such records shall note the reasons for such 11 action. 12 (c) The Secretary of State shall maintain appropriate 13 records of convictions reported under this Chapter. Records 14 of conviction may be maintained in a computer processible 15 medium. 16 (d) The Secretary of State may also maintain appropriate 17 records of any accident reports received. 18 (e) The Secretary of State shall also maintain 19 appropriate records of any disposition of supervision or 20 records relative to a driver's referral to a driver remedial 21 or rehabilitative program, as required by the Secretary of 22 State or the courts. Such records shall only be available 23 for use by the Secretary, law enforcement agencies, the 24 courts, and the affected driver or, upon proper verification, 25 such affected driver's attorney. 26 (f) The Secretary of State shall also maintain or 27 contract to maintain appropriate records of all photographs 28 and signatures obtained in the process of issuing any 29 driver's license, permit, or identification card. The record 30 shall be confidential and shall not be disclosed except to 31 those entities listed under Section 6-110.1 of this Code. 32 (Source: P.A. 90-191, eff. 1-1-98.) 33 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) HB1041 Enrolled -6- LRB9201961DHmg 1 Sec. 6-118. Fees. 2 (a) The fee for licenses and permits under this Article 3 is as follows: 4 Original driver's license.............................$10 5 Original or renewal driver's license 6 issued to 18, 19 and 20 year olds..................5 7 All driver's licenses for persons 8 age 69 through age 80..............................5 9 All driver's licenses for persons 10 age 81 through age 86..............................2 11 All driver's licenses for persons 12 age 87 or older....................................0 13 Renewal driver's license (except for 14 applicants ages 18, 19 and 20 or 15 age 69 and older).................................10 16 Original instruction permit issued to 17 persons (except those age 69 and older) 18 who do not hold or have not previously 19 held an Illinois instruction permit or 20 driver's license..................................20 21 Instruction permit issued to any person 22 holding an Illinois driver's license 23 who wishes a change in classifications, 24 other than at the time of renewal..................5 25 Any instruction permit issued to a person 26 age 69 and older...................................5 27 Instruction permit issued to any person, 28 under age 69, not currently holding a 29 valid Illinois driver's license or 30 instruction permit but who has 31 previously been issued either document 32 in Illinois.......................................10 33 Restricted driving permit...............................8 34 Duplicate or corrected driver's license HB1041 Enrolled -7- LRB9201961DHmg 1 or permit..........................................5 2 Duplicate or corrected restricted 3 driving permit.....................................5 4 Original or renewal M or L endorsement..................5 5 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE 6 The fees for commercial driver licenses and permits 7 under Article V shall be as follows: 8 Commercial driver's license: 9 $6 for the CDLIS/AAMVAnet Fund 10 (Commercial Driver's License Information 11 System/American Association of Motor Vehicle 12 Administrators network Trust Fund); 13 $20 for the Motor Carrier Safety Inspection Fund; 14 $10 for the driver's license; 15 and $24 for the CDL:.............................$60 16 Renewal commercial driver's license: 17 $6 for the CDLIS/AAMVAnet Trust Fund; 18 $20 for the Motor Carrier Safety Inspection Fund; 19 $10 for the driver's license; and 20 $24 for the CDL:.................................$60 21 Commercial driver instruction permit 22 issued to any person holding a valid 23 Illinois driver's license for the 24 purpose of changing to a 25 CDL classification: $6 for the 26 CDLIS/AAMVAnet Trust Fund; 27 $20 for the Motor Carrier 28 Safety Inspection Fund; and 29 $24 for the CDL classification...................$50 30 Commercial driver instruction permit 31 issued to any person holding a valid 32 Illinois CDL for the purpose of 33 making a change in a classification, 34 endorsement or restriction........................$5 HB1041 Enrolled -8- LRB9201961DHmg 1 CDL duplicate or corrected license.....................$5 2 In order to ensure the proper implementation of the 3 Uniform Commercial Driver License Act, Article V of this 4 Chapter, the Secretary of State is empowered to pro-rate the 5 $24 fee for the commercial driver's license proportionate to 6 the expiration date of the applicant's Illinois driver's 7 license. 8 The fee for any duplicate license or permit shall be 9 waived for any person age 60 or older who presents the 10 Secretary of State's office with a police report showing that 11 his license or permit was stolen. 12 No additional fee shall be charged for a driver's 13 license, or for a commercial driver's license, when issued to 14 the holder of an instruction permit for the same 15 classification or type of license who becomes eligible for 16 such license. 17 (b) Any person whose license or privilege to operate a 18 motor vehicle in this State has been suspended or revoked 19 under any provision of Chapter 6, Chapter 11, or Section 20 7-702 of the Family Financial Responsibility Law of this 21 Code, shall in addition to any other fees required by this 22 Code, pay a reinstatement fee as follows: 23 Summary suspension under Section 11-501.1.............$60 24 Other suspension......................................$30 25 Revocation............................................$60 26 However, any person whose license or privilege to operate 27 a motor vehicle in this State has been suspended or revoked 28 for a second or subsequent time for a violation of Section 29 11-501 or 11-501.1 of this Code or a similar provision of a 30 local ordinance or a similar out-of-state offense or Section 31 9-3 of the Criminal Code of 1961 and each suspension or 32 revocation was for a violation of Section 11-501 or 11-501.1 33 of this Code or a similar provision of a local ordinance or a 34 similar out-of-state offense or Section 9-3 of the Criminal HB1041 Enrolled -9- LRB9201961DHmg 1 Code of 1961 shall pay, in addition to any other fees 2 required by this Code, a reinstatement fee as follows: 3 Summary suspension under Section 11-501.1............$250 4 Revocation...........................................$250 5 (c) All fees collected under the provisions of this 6 Chapter 6 shall be paid into the Road Fund in the State 7 Treasury except as follows: 8 1. The following amounts shall be paid into the 9 Driver Education Fund: 10 (A) $16 of the $20 fee for an original 11 driver's instruction permit; 12 (B) $5 of the $10 fee for an original driver's 13 license; 14 (C) $5 of the $10 fee for a 4 year renewal 15 driver's license; and 16 (D) $4 of the $8 fee for a restricted driving 17 permit. 18 2. $30 of the $60 fee for reinstatement of a license 19 summarily suspended under Section 11-501.1 shall be 20 deposited into the Drunk and Drugged Driving Prevention 21 Fund. However, for a person whose license or privilege 22 to operate a motor vehicle in this State has been 23 suspended or revoked for a second or subsequent time for 24 a violation of Section 11-501 or 11-501.1 of this Code or 25 Section 9-3 of the Criminal Code of 1961, $190 of the 26 $250 fee for reinstatement of a license summarily 27 suspended under Section 11-501.1, and $190 of the $250 28 fee for reinstatement of a revoked license shall be 29 deposited into the Drunk and Drugged Driving Prevention 30 Fund. 31 3. $6 of such original or renewal fee for a 32 commercial driver's license and $6 of the commercial 33 driver instruction permit fee when such permit is issued 34 to any person holding a valid Illinois driver's license, HB1041 Enrolled -10- LRB9201961DHmg 1 shall be paid into the CDLIS/AAMVAnet Trust Fund. 2 4. The fee for reinstatement of a license suspended 3 under the Family Financial Responsibility Law shall be 4 paid into the Family Responsibility Fund. 5 5. The $5 fee for each original or renewal M or L 6 endorsement shall be deposited into the Cycle Rider 7 Safety Training Fund. 8 6. $20 of any original or renewal fee for a 9 commercial driver's license or commercial driver 10 instruction permit shall be paid into the Motor Carrier 11 Safety Inspection Fund. 12 (Source: P.A. 90-622, eff. 3-1-99; 90-738, eff. 1-1-99; 13 91-357, eff. 7-29-99; 91-537, eff. 8-13-99.) 14 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) 15 Sec. 6-204. When Court to forward License and Reports. 16 (a) For the purpose of providing to the Secretary of 17 State the records essential to the performance of the 18 Secretary's duties under this Code to cancel, revoke or 19 suspend the driver's license and privilege to drive motor 20 vehicles of certain minors adjudicated truant minors in need 21 of supervision, addicted, or delinquent and of persons found 22 guilty of the criminal offenses or traffic violations which 23 this Code recognizes as evidence relating to unfitness to 24 safely operate motor vehicles, the following duties are 25 imposed upon public officials: 26 (1) Whenever any person is convicted of any offense 27 for which this Code makes mandatory the cancellation or 28 revocation of the driver's license or permit of such 29 person by the Secretary of State, the judge of the court 30 in which such conviction is had shall require the 31 surrender to the clerk of the court of all driver's 32 licenses or permits then held by the person so convicted, 33 and the clerk of the court shall, within 10 days HB1041 Enrolled -11- LRB9201961DHmg 1 thereafter, forward the same, together with a report of 2 such conviction, to the Secretary. 3 (2) Whenever any person is convicted of any offense 4 under this Code or similar offenses under a municipal 5 ordinance, other than regulations governing standing, 6 parking or weights of vehicles, and excepting the 7 following enumerated Sections of this Code: Sections 8 11-1406 (obstruction to driver's view or control), 9 11-1407 (improper opening of door into traffic), 11-1410 10 (coasting on downgrade), 11-1411 (following fire 11 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 12 (driving vehicle which is in unsafe condition or 13 improperly equipped), 12-201(a) (daytime lights on 14 motorcycles), 12-202 (clearance, identification and side 15 marker lamps), 12-204 (lamp or flag on projecting load), 16 12-205 (failure to display the safety lights required), 17 12-401 (restrictions as to tire equipment), 12-502 18 (mirrors), 12-503 (windshields must be unobstructed and 19 equipped with wipers), 12-601 (horns and warning 20 devices), 12-602 (mufflers, prevention of noise or 21 smoke), 12-603 (seat safety belts), 12-702 (certain 22 vehicles to carry flares or other warning devices), 23 12-703 (vehicles for oiling roads operated on highways), 24 12-710 (splash guards and replacements), 13-101 (safety 25 tests), 15-101 (size, weight and load), 15-102 (width), 26 15-103 (height), 15-104 (name and address on second 27 division vehicles), 15-107 (length of vehicle), 15-109.1 28 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 29 15-301 (weights), 15-316 (weights), 15-318 (weights), and 30 also excepting the following enumerated Sections of the 31 Chicago Municipal Code: Sections 27-245 (following fire 32 apparatus), 27-254 (obstruction of traffic), 27-258 33 (driving vehicle which is in unsafe condition), 27-259 34 (coasting on downgrade), 27-264 (use of horns and signal HB1041 Enrolled -12- LRB9201961DHmg 1 devices), 27-265 (obstruction to driver's view or driver 2 mechanism), 27-267 (dimming of headlights), 27-268 3 (unattended motor vehicle), 27-272 (illegal funeral 4 procession), 27-273 (funeral procession on boulevard), 5 27-275 (driving freight hauling vehicles on boulevard), 6 27-276 (stopping and standing of buses or taxicabs), 7 27-277 (cruising of public passenger vehicles), 27-305 8 (parallel parking), 27-306 (diagonal parking), 27-307 9 (parking not to obstruct traffic), 27-308 (stopping, 10 standing or parking regulated), 27-311 (parking 11 regulations), 27-312 (parking regulations), 27-313 12 (parking regulations), 27-314 (parking regulations), 13 27-315 (parking regulations), 27-316 (parking 14 regulations), 27-317 (parking regulations), 27-318 15 (parking regulations), 27-319 (parking regulations), 16 27-320 (parking regulations), 27-321 (parking 17 regulations), 27-322 (parking regulations), 27-324 18 (loading and unloading at an angle), 27-333 (wheel and 19 axle loads), 27-334 (load restrictions in the downtown 20 district), 27-335 (load restrictions in residential 21 areas), 27-338 (width of vehicles), 27-339 (height of 22 vehicles), 27-340 (length of vehicles), 27-352 23 (reflectors on trailers), 27-353 (mufflers), 27-354 24 (display of plates), 27-355 (display of city vehicle tax 25 sticker), 27-357 (identification of vehicles), 27-358 26 (projecting of loads), and also excepting the following 27 enumerated paragraphs of Section 2-201 of the Rules and 28 Regulations of the Illinois State Toll Highway Authority: 29 (l) (driving unsafe vehicle on tollway), (m) (vehicles 30 transporting dangerous cargo not properly indicated), it 31 shall be the duty of the clerk of the court in which such 32 conviction is had within 10 days thereafter to forward to 33 the Secretary of State a report of the conviction and the 34 court may recommend the suspension of the driver's HB1041 Enrolled -13- LRB9201961DHmg 1 license or permit of the person so convicted. 2 The reporting requirements of this subsection shall apply 3 to all violations stated in paragraphs (1) and (2) of this 4 subsection when the individual has been adjudicated under the 5 Juvenile Court Act or the Juvenile Court Act of 1987. Such 6 reporting requirements shall also apply to individuals 7 adjudicated under the Juvenile Court Act or the Juvenile 8 Court Act of 1987 who have committed a violation of Section 9 11-501 of this Code, or similar provision of a local 10 ordinance, or Section 9-3 of the Criminal Code of 1961, as 11 amended, relating to the offense of reckless homicide. The 12 reporting requirements of this subsection shall also apply to 13 a truant minor in need of supervision, an addicted minor, or 14 a delinquent minor and whose driver's license and privilege 15 to drive a motor vehicle has been ordered suspended for such 16 times as determined by the Court, but only until he or she 17 attains 18 years of age. It shall be the duty of the clerk 18 of the court in which adjudication is had within 10 days 19 thereafter to forward to the Secretary of State a report of 20 the adjudication and the court order requiring the Secretary 21 of State to suspend the minor's driver's license and driving 22 privilege for such time as determined by the Court, but only 23 until he or she attains the age of 18 years. All juvenile 24 court dispositions reported to the Secretary of State under 25 this provision shall be processed by the Secretary of State 26 as if the cases had been adjudicated in traffic or criminal 27 court. However, information reported relative to the offense 28 of reckless homicide, or Section 11-501 of this Code, or a 29 similar provision of a local ordinance, shall be privileged 30 and available only to the Secretary of State, courts, and 31 police officers. 32 (3) Whenever an order is entered vacating the 33 forfeiture of any bail, security or bond given to secure 34 appearance for any offense under this Code or similar HB1041 Enrolled -14- LRB9201961DHmg 1 offenses under municipal ordinance, it shall be the duty 2 of the clerk of the court in which such vacation was had 3 or the judge of such court if such court has no clerk, 4 within 10 days thereafter to forward to the Secretary of 5 State a report of the vacation. 6 (4) A report of any disposition of court 7 supervision for a violation of Sections 6-303, 11-401, 8 11-501 or a similar provision of a local ordinance, 9 11-503 and 11-504 shall be forwarded to the Secretary of 10 State. A report of any disposition of court supervision 11 for a violation of an offense defined as a serious 12 traffic violation in this Code or a similar provision of 13 a local ordinance committed by a person under the age of 14 21 years shall be forwarded to the Secretary of State. 15 (5) Reports of conviction under this Code and 16 sentencing hearingshearingunder the Juvenile Court Act 17 of 1987 in an electronic format or a computer processible 18 medium shall be forwarded to the Secretary of State via 19 the Supreme Court in the form and format required by the 20 Illinois Supreme Court and established by a written 21 agreement between the Supreme Court and the Secretary of 22 State. In counties with a population over 300,000, 23 instead of forwarding reports to the Supreme Court, 24 reports of conviction under this Code and sentencing 25 hearingshearingunder the Juvenile Court Act of 1987 in 26 an electronic format or a computer processible medium may 27 be forwarded to the Secretary of State by the Circuit 28 Court Clerk in a form and format required by the 29 Secretary of State and established by written agreement 30 between the Circuit Court Clerk and the Secretary of 31 State. Failure to forward the reports of conviction or 32 sentencing hearing under the Juvenile Court Act of 1987 33 as required by this Section shall be deemed an omission 34 of duty and it shall be the duty of the several State's HB1041 Enrolled -15- LRB9201961DHmg 1 Attorneys to enforce the requirements of this Section. 2 (b) Whenever a restricted driving permit is forwarded to 3 a court, as a result of confiscation by a police officer 4 pursuant to the authority in Section 6-113(f), it shall be 5 the duty of the clerk, or judge, if the court has no clerk, 6 to forward such restricted driving permit and a facsimile of 7 the officer's citation to the Secretary of State as 8 expeditiously as practicable. 9 (c) For the purposes of this Code, a forfeiture of bail 10 or collateral deposited to secure a defendant's appearance in 11 court when forfeiture has not been vacated, or the failure of 12 a defendant to appear for trial after depositing his driver's 13 license in lieu of other bail, shall be equivalent to a 14 conviction. 15 (d) For the purpose of providing the Secretary of State 16 with records necessary to properly monitor and assess driver 17 performance and assist the courts in the proper disposition 18 of repeat traffic law offenders, the clerk of the court shall 19 forward to the Secretary of State, oneither on paper or in20an electronic format, ina form prescribed by the Secretary, 21 records ofany disposition of court supervision for any22traffic violation, excluding those listed in paragraph (a)(2)23of this Section, or records ofa driver's participation in a 24 driver remedial or rehabilitative program which was required, 25 through a court order or court supervision, in relation to 26 the driver's arrest for a violation of Section 11-501 of this 27 Code or a similar provision of a local ordinance. The clerk 28 of the court shall also forward to the Secretary, either on 29 paper or in an electronic format or a computer processible 30 medium as required under paragraph (5) of subsection (a) of 31 this Section, any disposition of court supervision for any 32 traffic violation, excluding those offenses listed in 33 paragraph (2) of subsection (a) of this Section. These 34 reports shall be sent within 10 days after disposition, or, HB1041 Enrolled -16- LRB9201961DHmg 1 if the driver is referred to a driver remedial or 2 rehabilitative program, within 10 days of the driver's 3 referral to that program. These reports received by the 4 Secretary of State, including those required to be forwarded 5 under paragraph (a)(4), shall be privileged information, 6 available only (i) to the affected driver and (ii) for use by 7 the courts, police officers, prosecuting authorities, and the 8 Secretary of State. 9 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 10 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.) 11 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 12 Sec. 6-206. Discretionary authority to suspend or revoke 13 license or permit; Right to a hearing. 14 (a) The Secretary of State is authorized to suspend or 15 revoke the driving privileges of any person without 16 preliminary hearing upon a showing of the person's records or 17 other sufficient evidence that the person: 18 1. Has committed an offense for which mandatory 19 revocation of a driver's license or permit is required 20 upon conviction; 21 2. Has been convicted of not less than 3 offenses 22 against traffic regulations governing the movement of 23 vehicles committed within any 12 month period. No 24 revocation or suspension shall be entered more than 6 25 months after the date of last conviction; 26 3. Has been repeatedly involved as a driver in 27 motor vehicle collisions or has been repeatedly convicted 28 of offenses against laws and ordinances regulating the 29 movement of traffic, to a degree that indicates lack of 30 ability to exercise ordinary and reasonable care in the 31 safe operation of a motor vehicle or disrespect for the 32 traffic laws and the safety of other persons upon the 33 highway; HB1041 Enrolled -17- LRB9201961DHmg 1 4. Has by the unlawful operation of a motor vehicle 2 caused or contributed to an accident resulting in death 3 or injury requiring immediate professional treatment in a 4 medical facility or doctor's office to any person, except 5 that any suspension or revocation imposed by the 6 Secretary of State under the provisions of this 7 subsection shall start no later than 6 months after being 8 convicted of violating a law or ordinance regulating the 9 movement of traffic, which violation is related to the 10 accident, or shall start not more than one year after the 11 date of the accident, whichever date occurs later; 12 5. Has permitted an unlawful or fraudulent use of a 13 driver's license, identification card, or permit; 14 6. Has been lawfully convicted of an offense or 15 offenses in another state, including the authorization 16 contained in Section 6-203.1, which if committed within 17 this State would be grounds for suspension or revocation; 18 7. Has refused or failed to submit to an 19 examination provided for by Section 6-207 or has failed 20 to pass the examination; 21 8. Is ineligible for a driver's license or permit 22 under the provisions of Section 6-103; 23 9. Has made a false statement or knowingly 24 concealed a material fact or has used false information 25 or identification in any application for a license, 26 identification card, or permit; 27 10. Has possessed, displayed, or attempted to 28 fraudulently use any license, identification card, or 29 permit not issued to the person; 30 11. Has operated a motor vehicle upon a highway of 31 this State when the person's driving privilege or 32 privilege to obtain a driver's license or permit was 33 revoked or suspended unless the operation was authorized 34 by a judicial driving permit, probationary license to HB1041 Enrolled -18- LRB9201961DHmg 1 drive, or a restricted driving permit issued under this 2 Code; 3 12. Has submitted to any portion of the application 4 process for another person or has obtained the services 5 of another person to submit to any portion of the 6 application process for the purpose of obtaining a 7 license, identification card, or permit for some other 8 person; 9 13. Has operated a motor vehicle upon a highway of 10 this State when the person's driver's license or permit 11 was invalid under the provisions of Sections 6-107.1 and 12 6-110; 13 14. Has committed a violation of Section 6-301, 14 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 15 14B of the Illinois Identification Card Act; 16 15. Has been convicted of violating Section 21-2 of 17 the Criminal Code of 1961 relating to criminal trespass 18 to vehicles in which case, the suspension shall be for 19 one year; 20 16. Has been convicted of violating Section 11-204 21 of this Code relating to fleeing from a police officer; 22 17. Has refused to submit to a test, or tests, as 23 required under Section 11-501.1 of this Code and the 24 person has not sought a hearing as provided for in 25 Section 11-501.1; 26 18. Has, since issuance of a driver's license or 27 permit, been adjudged to be afflicted with or suffering 28 from any mental disability or disease; 29 19. Has committed a violation of paragraph (a) or 30 (b) of Section 6-101 relating to driving without a 31 driver's license; 32 20. Has been convicted of violating Section 6-104 33 relating to classification of driver's license; 34 21. Has been convicted of violating Section 11-402 HB1041 Enrolled -19- LRB9201961DHmg 1 of this Code relating to leaving the scene of an accident 2 resulting in damage to a vehicle in excess of $1,000, in 3 which case the suspension shall be for one year; 4 22. Has used a motor vehicle in violating paragraph 5 (3), (4), (7), or (9) of subsection (a) of Section 24-1 6 of the Criminal Code of 1961 relating to unlawful use of 7 weapons, in which case the suspension shall be for one 8 year; 9 23. Has, as a driver, been convicted of committing 10 a violation of paragraph (a) of Section 11-502 of this 11 Code for a second or subsequent time within one year of a 12 similar violation; 13 24. Has been convicted by a court-martial or 14 punished by non-judicial punishment by military 15 authorities of the United States at a military 16 installation in Illinois of or for a traffic related 17 offense that is the same as or similar to an offense 18 specified under Section 6-205 or 6-206 of this Code; 19 25. Has permitted any form of identification to be 20 used by another in the application process in order to 21 obtain or attempt to obtain a license, identification 22 card, or permit; 23 26. Has altered or attempted to alter a license or 24 has possessed an altered license, identification card, or 25 permit; 26 27. Has violated Section 6-16 of the Liquor Control 27 Act of 1934; 28 28. Has been convicted of the illegal possession, 29 while operating or in actual physical control, as a 30 driver, of a motor vehicle, of any controlled substance 31 prohibited under the Illinois Controlled Substances Act 32 or any cannabis prohibited under the provisions of the 33 Cannabis Control Act, in which case the person's driving 34 privileges shall be suspended for one year, and any HB1041 Enrolled -20- LRB9201961DHmg 1 driver who is convicted of a second or subsequent 2 offense, within 5 years of a previous conviction, for the 3 illegal possession, while operating or in actual physical 4 control, as a driver, of a motor vehicle, of any 5 controlled substance prohibited under the provisions of 6 the Illinois Controlled Substances Act or any cannabis 7 prohibited under the Cannabis Control Act shall be 8 suspended for 5 years. Any defendant found guilty of this 9 offense while operating a motor vehicle, shall have an 10 entry made in the court record by the presiding judge 11 that this offense did occur while the defendant was 12 operating a motor vehicle and order the clerk of the 13 court to report the violation to the Secretary of State; 14 29. Has been convicted of the following offenses 15 that were committed while the person was operating or in 16 actual physical control, as a driver, of a motor vehicle: 17 criminal sexual assault, predatory criminal sexual 18 assault of a child, aggravated criminal sexual assault, 19 criminal sexual abuse, aggravated criminal sexual abuse, 20 juvenile pimping, soliciting for a juvenile prostitute 21 and the manufacture, sale or delivery of controlled 22 substances or instruments used for illegal drug use or 23 abuse in which case the driver's driving privileges shall 24 be suspended for one year; 25 30. Has been convicted a second or subsequent time 26 for any combination of the offenses named in paragraph 29 27 of this subsection, in which case the person's driving 28 privileges shall be suspended for 5 years; 29 31. Has refused to submit to a test as required by 30 Section 11-501.6 or has submitted to a test resulting in 31 an alcohol concentration of 0.08 or more or any amount of 32 a drug, substance, or compound resulting from the 33 unlawful use or consumption of cannabis as listed in the 34 Cannabis Control Act,ora controlled substance as listed HB1041 Enrolled -21- LRB9201961DHmg 1 in the Illinois Controlled Substances Act, or an 2 intoxicating compound as listed in the use of 3 Intoxicating Compounds Act, in which case the penalty 4 shall be as prescribed in Section 6-208.1; 5 32. Has been convicted of Section 24-1.2 of the 6 Criminal Code of 1961 relating to the aggravated 7 discharge of a firearm if the offender was located in a 8 motor vehicle at the time the firearm was discharged, in 9 which case the suspension shall be for 3 years; 10 33. Has as a driver, who was less than 21 years of 11 age on the date of the offense, been convicted a first 12 time of a violation of paragraph (a) of Section 11-502 of 13 this Code or a similar provision of a local ordinance; 14 34. Has committed a violation of Section 11-1301.5 15 of this Code; 16 35. Has committed a violation of Section 11-1301.6 17 of this Code; or 18 36. Is under the age of 21 years at the time of 19 arrest and has been convicted of not less than 2 20 offenses against traffic regulations governing the 21 movement of vehicles committed within any 24 month 22 period. No revocation or suspension shall be entered 23 more than 6 months after the date of last conviction. 24 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 25 and 27 of this subsection, license means any driver's 26 license, any traffic ticket issued when the person's driver's 27 license is deposited in lieu of bail, a suspension notice 28 issued by the Secretary of State, a duplicate or corrected 29 driver's license, a probationary driver's license or a 30 temporary driver's license. 31 (b) If any conviction forming the basis of a suspension 32 or revocation authorized under this Section is appealed, the 33 Secretary of State may rescind or withhold the entry of the 34 order of suspension or revocation, as the case may be, HB1041 Enrolled -22- LRB9201961DHmg 1 provided that a certified copy of a stay order of a court is 2 filed with the Secretary of State. If the conviction is 3 affirmed on appeal, the date of the conviction shall relate 4 back to the time the original judgment of conviction was 5 entered and the 6 month limitation prescribed shall not 6 apply. 7 (c) 1. Upon suspending or revoking the driver's license 8 or permit of any person as authorized in this Section, 9 the Secretary of State shall immediately notify the 10 person in writing of the revocation or suspension. The 11 notice to be deposited in the United States mail, postage 12 prepaid, to the last known address of the person. 13 2. If the Secretary of State suspends the driver's 14 license of a person under subsection 2 of paragraph (a) 15 of this Section, a person's privilege to operate a 16 vehicle as an occupation shall not be suspended, provided 17 an affidavit is properly completed, the appropriate fee 18 received, and a permit issued prior to the effective date 19 of the suspension, unless 5 offenses were committed, at 20 least 2 of which occurred while operating a commercial 21 vehicle in connection with the driver's regular 22 occupation. All other driving privileges shall be 23 suspended by the Secretary of State. Any driver prior to 24 operating a vehicle for occupational purposes only must 25 submit the affidavit on forms to be provided by the 26 Secretary of State setting forth the facts of the 27 person's occupation. The affidavit shall also state the 28 number of offenses committed while operating a vehicle in 29 connection with the driver's regular occupation. The 30 affidavit shall be accompanied by the driver's license. 31 Upon receipt of a properly completed affidavit, the 32 Secretary of State shall issue the driver a permit to 33 operate a vehicle in connection with the driver's regular 34 occupation only. Unless the permit is issued by the HB1041 Enrolled -23- LRB9201961DHmg 1 Secretary of State prior to the date of suspension, the 2 privilege to drive any motor vehicle shall be suspended 3 as set forth in the notice that was mailed under this 4 Section. If an affidavit is received subsequent to the 5 effective date of this suspension, a permit may be issued 6 for the remainder of the suspension period. 7 The provisions of this subparagraph shall not apply 8 to any driver required to obtain a commercial driver's 9 license under Section 6-507 during the period of a 10 disqualification of commercial driving privileges under 11 Section 6-514. 12 Any person who falsely states any fact in the 13 affidavit required herein shall be guilty of perjury 14 under Section 6-302 and upon conviction thereof shall 15 have all driving privileges revoked without further 16 rights. 17 3. At the conclusion of a hearing under Section 18 2-118 of this Code, the Secretary of State shall either 19 rescind or continue an order of revocation or shall 20 substitute an order of suspension; or, good cause 21 appearing therefor, rescind, continue, change, or extend 22 the order of suspension. If the Secretary of State does 23 not rescind the order, the Secretary may upon 24 application, to relieve undue hardship, issue a 25 restricted driving permit granting the privilege of 26 driving a motor vehicle between the petitioner's 27 residence and petitioner's place of employment or within 28 the scope of his employment related duties, or to allow 29 transportation for the petitioner, or a household member 30 of the petitioner's family, to receive necessary medical 31 care and if the professional evaluation indicates, 32 provide transportation for alcohol remedial or 33 rehabilitative activity, or for the petitioner to attend 34 classes, as a student, in an accredited educational HB1041 Enrolled -24- LRB9201961DHmg 1 institution; if the petitioner is able to demonstrate 2 that no alternative means of transportation is reasonably 3 available and the petitioner will not endanger the public 4 safety or welfare. In each case the Secretary may issue a 5 restricted driving permit for a period deemed 6 appropriate, except that all permits shall expire within 7 one year from the date of issuance. A restricted driving 8 permit issued under this Section shall be subject to 9 cancellation, revocation, and suspension by the Secretary 10 of State in like manner and for like cause as a driver's 11 license issued under this Code may be cancelled, revoked, 12 or suspended; except that a conviction upon one or more 13 offenses against laws or ordinances regulating the 14 movement of traffic shall be deemed sufficient cause for 15 the revocation, suspension, or cancellation of a 16 restricted driving permit. The Secretary of State may, as 17 a condition to the issuance of a restricted driving 18 permit, require the applicant to participate in a 19 designated driver remedial or rehabilitative program. The 20 Secretary of State is authorized to cancel a restricted 21 driving permit if the permit holder does not successfully 22 complete the program. 23 (c-5) The Secretary of State may, as a condition of the 24 reissuance of a driver's license or permit to an applicant 25under the age of 18 yearswhose driver's license or permit 26 has been suspended before he or she reached the age of 18 27 years pursuant to any of the provisions of this Section, 28 require the applicant to participate in a driver remedial 29 education course and be retested under Section 6-109 of this 30 Code. 31 (d) This Section is subject to the provisions of the 32 Drivers License Compact. 33 (e) The Secretary of State shall not issue a restricted 34 driving permit to a person under the age of 16 years whose HB1041 Enrolled -25- LRB9201961DHmg 1 driving privileges have been suspended or revoked under any 2 provisions of this Code. 3 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 4 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 5 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 6 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 7 Sec. 6-208. Period of Suspension - Application After 8 Revocation. 9 (a) Except as otherwise provided by this Code or any 10 other law of this State, the Secretary of State shall not 11 suspend a driver's license, permit or privilege to drive a 12 motor vehicle on the highways for a period of more than one 13 year. 14 (b) Any person whose license, permit or privilege to 15 drive a motor vehicle on the highways has been revoked shall 16 not be entitled to have such license, permit or privilege 17 renewed or restored. However, such person may, except as 18 provided under subsection (d) of Section 6-205, make 19 application for a license pursuant to Section 6-106 (i) if 20 the revocation was for a cause which has been removed or (ii) 21 as provided in the following subparagraphs: 22 1. Except as provided in subparagraphs 2, 3, and 4, 23 the person may make application for a license after the 24 expiration of one year from the effective date of the 25 revocation or, in the case of a violation of paragraph 26 (b) of Section 11-401 of this Code or a similar provision 27 of a local ordinance, after the expiration of 3 years 28 from the effective date of the revocation or, in the case 29 of a violation of Section 9-3 of the Criminal Code of 30 1961 relating to the offense of reckless homicide, after 31 the expiration of 2 years from the effective date of the 32 revocation. 33 2. If such person is convicted of committing a HB1041 Enrolled -26- LRB9201961DHmg 1 second violation within a 20 year period of: 2 (A) Section 11-501 of this Code, or a similar 3 provision of a local ordinance; or 4 (B) Paragraph (b) of Section 11-401 of this 5 Code, or a similar provision of a local ordinance; 6 or 7 (C) Section 9-3 of the Criminal Code of 1961, 8 as amended, relating to the offense of reckless 9 homicide; or 10 (D) any combination of the above offenses 11 committed at different instances; 12 then such person may not make application for a license 13 until after the expiration of 5 years from the effective 14 date of the most recent revocation. The 20 year period 15 shall be computed by using the dates the offenses were 16 committed and shall also include similar out-of-state 17 offenses. 18 3. However, except as provided in subparagraph 4, 19 if such person is convicted of committing a third, or 20 subsequent, violation or any combination of the above 21 offenses, including similar out-of-state offenses, 22 contained in subparagraph 2, then such person may not 23 make application for a license until after the expiration 24 of 10 years from the effective date of the most recent 25 revocation. 26 4. The person may not make application for a 27 license if the person is convicted of committing a fourth 28 or subsequent violation of Section 11-501 of this Code or 29 a similar provision of a local ordinance,paragraph (b)30ofSection 11-401 of this Code, Section 9-3 of the 31 Criminal Code of 1961, or a combination of these offenses 32 or similar provisions of local ordinances or similar 33 out-of-state offensesif the original revocation or34suspension was for a violation of Section 11-501 orHB1041 Enrolled -27- LRB9201961DHmg 111-501.1 of this Code or a similar provision of a local2ordinance. 3 Notwithstanding any other provision of this Code, all 4 persons referred to in this paragraph (b) may not have their 5 privileges restored until the Secretary receives payment of 6 the required reinstatement fee pursuant to subsection (b) of 7 Section 6-118. 8 In no event shall the Secretary issue such license unless 9 and until such person has had a hearing pursuant to this Code 10 and the appropriate administrative rules and the Secretary is 11 satisfied, after a review or investigation of such person, 12 that to grant the privilege of driving a motor vehicle on the 13 highways will not endanger the public safety or welfare. 14 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99; 15 91-357, eff. 7-29-99.) 16 (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604) 17 Sec. 7-604. Verification of liability insurance policy. 18 (a) The Secretary of State may select random samples of 19 registrations of motor vehicles subject to Section 7-601 of 20 this Code, or owners thereof, for the purpose of verifying 21 whether or not the motor vehicles are insured. 22 In addition to such general random samples of motor 23 vehicle registrations, the Secretary may select for 24 verification other random samples, including, but not limited 25 to registrations of motor vehicles owned by persons: 26 (1) whose motor vehicle registrations during the 27 preceding 4 years have been suspended pursuant to Section 28 7-606 or 7-607 of this Code; 29 (2) who during the preceding 4 years have been 30 convicted of violating Section 3-707, 3-708 or 3-710 of 31 this Code while operating vehicles owned by other 32 persons; 33 (3) whose driving privileges have been suspended HB1041 Enrolled -28- LRB9201961DHmg 1 during the preceding 4 years; 2 (4) who during the preceding 4 years acquired 3 ownership of motor vehicles while the registrations of 4 such vehicles under the previous owners were suspended 5 pursuant to Section 7-606 or 7-607 of this Code; or 6 (5) who during the preceding 4 years have received 7 a disposition of supervision under subsection (c) of 8 Section 5-6-1 of the Unified Code of Corrections for a 9 violation of Section 3-707, 3-708, or 3-710 of this Code. 10 (b) Upon receiving certification from the Department of 11 Transportation under Section 7-201.2 of this Code of the name 12 of an owner or operator of any motor vehicle involved in an 13 accident, the Secretary may verify whether or not at the time 14 of the accident such motor vehicle was covered by a liability 15 insurance policy in accordance with Section 7-601 of this 16 Code. 17 (c) In preparation for selection of random samples and 18 their verification, the Secretary may send to owners of 19 randomly selected motor vehicles, or to randomly selected 20 motor vehicle owners, requests for information about their 21 motor vehicles and liability insurance coverage. The request 22 shall require the owner to state whether or not the motor 23 vehicle was insured on the verification date stated in the 24 Secretary's request and the request may require, but is not 25 limited to, a statement by the owner of the names and 26 addresses of insurers, policy numbers, and expiration dates 27 of insurance coverage. 28 (d) Within 30 days after the Secretary mails a request, 29 the owner to whom it is sent shall furnish the requested 30 information to the Secretary above the owner's signed 31 affirmation that such information is true and correct. Proof 32 of insurance in effect on the verification date, as 33 prescribed by the Secretary, may be considered by the 34 Secretary to be a satisfactory response to the request for HB1041 Enrolled -29- LRB9201961DHmg 1 information. 2 Any owner whose response indicates that his or her 3 vehicle was not covered by a liability insurance policy in 4 accordance with Section 7-601 of this Code shall be deemed to 5 have registered or maintained registration of a motor vehicle 6 in violation of that Section. Any owner who fails to respond 7 to such a request shall be deemed to have registered or 8 maintained registration of a motor vehicle in violation of 9 Section 7-601 of this Code. 10 (e) If the owner responds to the request for information 11 by asserting that his or her vehicle was covered by a 12 liability insurance policy on the verification date stated in 13 the Secretary's request, the Secretary may conduct a 14 verification of the response by furnishing necessary 15 information to the insurer named in the response. The 16 insurer shall within 4530days inform the Secretary whether 17 or not on the verification date stated the motor vehicle was 18 insured by the insurer in accordance with Section 7-601 of 19 this Code. The Secretary may by rule and regulation prescribe 20 the procedures for verification. 21 (f) No random sample selected under this Section shall 22 be categorized on the basis of race, color, religion, sex, 23 national origin, ancestry, age, marital status, physical or 24 mental disability, economic status or geography. 25 (Source: P.A. 88-315; 88-685, eff. 1-24-95.) 26 Section 10. The Unified Code of Corrections is amended 27 by changing Section 5-6-3.1 as follows: 28 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 29 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 30 (a) When a defendant is placed on supervision, the court 31 shall enter an order for supervision specifying the period of 32 such supervision, and shall defer further proceedings in the HB1041 Enrolled -30- LRB9201961DHmg 1 case until the conclusion of the period. 2 (b) The period of supervision shall be reasonable under 3 all of the circumstances of the case, but may not be longer 4 than 2 years, unless the defendant has failed to pay the 5 assessment required by Section 10.3 of the Cannabis Control 6 Act or Section 411.2 of the Illinois Controlled Substances 7 Act, in which case the court may extend supervision beyond 2 8 years. Additionally, the court shall order the defendant to 9 perform no less than 30 hours of community service and not 10 more than 120 hours of community service, if community 11 service is available in the jurisdiction and is funded and 12 approved by the county board where the offense was committed, 13 when the offense (1) was related to or in furtherance of the 14 criminal activities of an organized gang or was motivated by 15 the defendant's membership in or allegiance to an organized 16 gang; or (2) is a violation of any Section of Article 24 of 17 the Criminal Code of 1961 where a disposition of supervision 18 is not prohibited by Section 5-6-1 of this Code. The 19 community service shall include, but not be limited to, the 20 cleanup and repair of any damage caused by violation of 21 Section 21-1.3 of the Criminal Code of 1961 and similar 22 damages to property located within the municipality or county 23 in which the violation occurred. Where possible and 24 reasonable, the community service should be performed in the 25 offender's neighborhood. 26 For the purposes of this Section, "organized gang" has 27 the meaning ascribed to it in Section 10 of the Illinois 28 Streetgang Terrorism Omnibus Prevention Act. 29 (c) The court may in addition to other reasonable 30 conditions relating to the nature of the offense or the 31 rehabilitation of the defendant as determined for each 32 defendant in the proper discretion of the court require that 33 the person: 34 (1) make a report to and appear in person before or HB1041 Enrolled -31- LRB9201961DHmg 1 participate with the court or such courts, person, or 2 social service agency as directed by the court in the 3 order of supervision; 4 (2) pay a fine and costs; 5 (3) work or pursue a course of study or vocational 6 training; 7 (4) undergo medical, psychological or psychiatric 8 treatment; or treatment for drug addiction or alcoholism; 9 (5) attend or reside in a facility established for 10 the instruction or residence of defendants on probation; 11 (6) support his dependents; 12 (7) refrain from possessing a firearm or other 13 dangerous weapon; 14 (8) and in addition, if a minor: 15 (i) reside with his parents or in a foster 16 home; 17 (ii) attend school; 18 (iii) attend a non-residential program for 19 youth; 20 (iv) contribute to his own support at home or 21 in a foster home; and 22 (9) make restitution or reparation in an amount not 23 to exceed actual loss or damage to property and pecuniary 24 loss or make restitution under Section 5-5-6 to a 25 domestic violence shelter. The court shall determine the 26 amount and conditions of payment; 27 (10) perform some reasonable public or community 28 service; 29 (11) comply with the terms and conditions of an 30 order of protection issued by the court pursuant to the 31 Illinois Domestic Violence Act of 1986 or an order of 32 protection issued by the court of another state, tribe, 33 or United States territory. If the court has ordered the 34 defendant to make a report and appear in person under HB1041 Enrolled -32- LRB9201961DHmg 1 paragraph (1) of this subsection, a copy of the order of 2 protection shall be transmitted to the person or agency 3 so designated by the court; 4 (12) reimburse any "local anti-crime program" as 5 defined in Section 7 of the Anti-Crime Advisory Council 6 Act for any reasonable expenses incurred by the program 7 on the offender's case, not to exceed the maximum amount 8 of the fine authorized for the offense for which the 9 defendant was sentenced; 10 (13) contribute a reasonable sum of money, not to 11 exceed the maximum amount of the fine authorized for the 12 offense for which the defendant was sentenced, to a 13 "local anti-crime program", as defined in Section 7 of 14 the Anti-Crime Advisory Council Act; 15 (14) refrain from entering into a designated 16 geographic area except upon such terms as the court finds 17 appropriate. Such terms may include consideration of the 18 purpose of the entry, the time of day, other persons 19 accompanying the defendant, and advance approval by a 20 probation officer; 21 (15) refrain from having any contact, directly or 22 indirectly, with certain specified persons or particular 23 types of person, including but not limited to members of 24 street gangs and drug users or dealers; 25 (16) refrain from having in his or her body the 26 presence of any illicit drug prohibited by the Cannabis 27 Control Act or the Illinois Controlled Substances Act, 28 unless prescribed by a physician, and submit samples of 29 his or her blood or urine or both for tests to determine 30 the presence of any illicit drug; 31 (17) refrain from operating any motor vehicle not 32 equipped with an ignition interlock device as defined in 33 Section 1-129.1 of the Illinois Vehicle Code. Under this 34 condition the court may allow a defendant who is not HB1041 Enrolled -33- LRB9201961DHmg 1 self-employed to operate a vehicle owned by the 2 defendant's employer that is not equipped with an 3 ignition interlock device in the course and scope of the 4 defendant's employment. 5 (d) The court shall defer entering any judgment on the 6 charges until the conclusion of the supervision. 7 (e) At the conclusion of the period of supervision, if 8 the court determines that the defendant has successfully 9 complied with all of the conditions of supervision, the court 10 shall discharge the defendant and enter a judgment dismissing 11 the charges. 12 (f) Discharge and dismissal upon a successful conclusion 13 of a disposition of supervision shall be deemed without 14 adjudication of guilt and shall not be termed a conviction 15 for purposes of disqualification or disabilities imposed by 16 law upon conviction of a crime. Two years after the 17 discharge and dismissal under this Section, unless the 18 disposition of supervision was for a violation of Sections 19 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 20 Vehicle Code or a similar provision of a local ordinance, or 21 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 22 Code of 1961, in which case it shall be 5 years after 23 discharge and dismissal, a person may have his record of 24 arrest sealed or expunged as may be provided by law. 25 However, any defendant placed on supervision before January 26 1, 1980, may move for sealing or expungement of his arrest 27 record, as provided by law, at any time after discharge and 28 dismissal under this Section. A person placed on supervision 29 for a sexual offense committed against a minor as defined in 30 subsection (g) of Section 5 of the Criminal Identification 31 Act or for a violation of Section 11-501 of the Illinois 32 Vehicle Code or a similar provision of a local ordinance 33 shall not have his or her record of arrest sealed or 34 expunged. HB1041 Enrolled -34- LRB9201961DHmg 1 (g) A defendant placed on supervision and who during the 2 period of supervision undergoes mandatory drug or alcohol 3 testing, or both, or is assigned to be placed on an approved 4 electronic monitoring device, shall be ordered to pay the 5 costs incidental to such mandatory drug or alcohol testing, 6 or both, and costs incidental to such approved electronic 7 monitoring in accordance with the defendant's ability to pay 8 those costs. The county board with the concurrence of the 9 Chief Judge of the judicial circuit in which the county is 10 located shall establish reasonable fees for the cost of 11 maintenance, testing, and incidental expenses related to the 12 mandatory drug or alcohol testing, or both, and all costs 13 incidental to approved electronic monitoring, of all 14 defendants placed on supervision. The concurrence of the 15 Chief Judge shall be in the form of an administrative order. 16 The fees shall be collected by the clerk of the circuit 17 court. The clerk of the circuit court shall pay all moneys 18 collected from these fees to the county treasurer who shall 19 use the moneys collected to defray the costs of drug testing, 20 alcohol testing, and electronic monitoring. The county 21 treasurer shall deposit the fees collected in the county 22 working cash fund under Section 6-27001 or Section 6-29002 of 23 the Counties Code, as the case may be. 24 (h) A disposition of supervision is a final order for 25 the purposes of appeal. 26 (i) The court shall impose upon a defendant placed on 27 supervision after January 1, 1992, as a condition of 28 supervision, a fee of $25 for each month of supervision 29 ordered by the court, unless after determining the inability 30 of the person placed on supervision to pay the fee, the court 31 assesses a lesser fee. The court may not impose the fee on a 32 minor who is made a ward of the State under the Juvenile 33 Court Act of 1987 while the minor is in placement. The fee 34 shall be imposed only upon a defendant who is actively HB1041 Enrolled -35- LRB9201961DHmg 1 supervised by the probation and court services department. 2 The fee shall be collected by the clerk of the circuit court. 3 The clerk of the circuit court shall pay all monies collected 4 from this fee to the county treasurer for deposit in the 5 probation and court services fund pursuant to Section 15.1 of 6 the Probation and Probation Officers Act. 7 (j) All fines and costs imposed under this Section for 8 any violation of Chapters 3, 4, 6, and 11 of the Illinois 9 Vehicle Code, or a similar provision of a local ordinance, 10 and any violation of the Child Passenger Protection Act, or a 11 similar provision of a local ordinance, shall be collected 12 and disbursed by the circuit clerk as provided under Section 13 27.5 of the Clerks of Courts Act. 14 (k) A defendant at least 17 years of age who is placed 15 on supervision for a misdemeanor in a county of 3,000,000 or 16 more inhabitants and who has not been previously convicted of 17 a misdemeanor or felony may as a condition of his or her 18 supervision be required by the court to attend educational 19 courses designed to prepare the defendant for a high school 20 diploma and to work toward a high school diploma or to work 21 toward passing the high school level Test of General 22 Educational Development (GED) or to work toward completing a 23 vocational training program approved by the court. The 24 defendant placed on supervision must attend a public 25 institution of education to obtain the educational or 26 vocational training required by this subsection (k). The 27 defendant placed on supervision shall be required to pay for 28 the cost of the educational courses or GED test, if a fee is 29 charged for those courses or test. The court shall revoke 30 the supervision of a person who wilfully fails to comply with 31 this subsection (k). The court shall resentence the 32 defendant upon revocation of supervision as provided in 33 Section 5-6-4. This subsection (k) does not apply to a 34 defendant who has a high school diploma or has successfully HB1041 Enrolled -36- LRB9201961DHmg 1 passed the GED test. This subsection (k) does not apply to a 2 defendant who is determined by the court to be 3 developmentally disabled or otherwise mentally incapable of 4 completing the educational or vocational program. 5 (l) The court shall require a defendant placed on 6 supervision for possession of a substance prohibited by the 7 Cannabis Control Act or Illinois Controlled Substances Act 8 after a previous conviction or disposition of supervision for 9 possession of a substance prohibited by the Cannabis Control 10 Act or Illinois Controlled Substances Act or a sentence of 11 probation under Section 10 of the Cannabis Control Act or 12 Section 410 of the Illinois Controlled Substances Act and 13 after a finding by the court that the person is addicted, to 14 undergo treatment at a substance abuse program approved by 15 the court. 16 (m) The Secretary of Statecourtshall require anyonea17defendantplaced on court supervision for a violation of 18 Section 3-707 of the Illinois Vehicle Code or a similar 19 provision of a local ordinance, as a condition of20supervision,to give proof of his or her financial 21 responsibility as defined in Section 7-315 of the Illinois 22 Vehicle Code. The proof shall be maintained by the 23 individualdefendantin a manner satisfactory to the 24 Secretary of State for a minimum period of one year after the 25 date the proof is first filed. The proof shall be limited to 26 a single action per arrest and may not be affected by any 27 post-sentence disposition. The Secretary of State shall 28 suspend the driver's license of any person determined by the 29 Secretary to be in violation of this subsection. 30 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 31 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 32 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, 33 eff. 1-1-01.) HB1041 Enrolled -37- LRB9201961DHmg 1 (625 ILCS 5/6-205.1 rep.) 2 Section 15. The Illinois Vehicle Code is amended by 3 repealing Section 6-205.1. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.