Bill Text: IL HB4835 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Freedom of Information Act, the State Employee Indemnification Act, the Illinois Identification Card Act, the Department of Transportation Law of the Civil Administrative Code of Illinois, the Peace Officer Fire Investigation Act, the Illinois Police Training Act, the Uniform Crime Reporting Act, the Police and Community Relations Improvement Act, the Counties Code, the Illinois Municipal Code, the Illinois Insurance Code, the Child Care Act of 1969, the Liquor Control Act of 1934, the Suicide Prevention, Education, and Treatment Act, the Compassionate Use of Medical Cannabis Program Act, the Alternate Fuels Act, the Burn Injury Reporting Act, the Illinois Public Health and Safety Animal Population Control Act, the Illinois Highway Code, the Toll Highway Act, the Roadside Memorial Act, the Illinois Vehicle Code, the Child Passenger Protection Act, the Renter's Financial Responsibility and Protection Act, the Transportation Network Providers Act, the Criminal Code of 2012, the Code of Criminal Procedure of 1963, the Rights of Crime Victims and Witnesses Act, the Unified Code of Corrections, the Cannabis and Controlled Substances Tort Claims Act, the Crime Victims Compensation Act, and the Automotive Collision Repair Act. Replaces the term "accident", in relation to automobiles, motor vehicles, and traffic accidents, with the term "crash". Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4835 Detail]
Download: Illinois-2019-HB4835-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | |||||||||||||||||||
7 | Sec. 7. Exemptions.
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8 | (1) When a request is made to inspect or copy a public | |||||||||||||||||||
9 | record that contains information that is exempt from disclosure | |||||||||||||||||||
10 | under this Section, but also contains information that is not | |||||||||||||||||||
11 | exempt from disclosure, the public body may elect to redact the | |||||||||||||||||||
12 | information that is exempt. The public body shall make the | |||||||||||||||||||
13 | remaining information available for inspection and copying. | |||||||||||||||||||
14 | Subject to this requirement, the following shall be exempt from | |||||||||||||||||||
15 | inspection and copying:
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16 | (a) Information specifically prohibited from | |||||||||||||||||||
17 | disclosure by federal or
State law or rules and regulations | |||||||||||||||||||
18 | implementing federal or State law.
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19 | (b) Private information, unless disclosure is required | |||||||||||||||||||
20 | by another provision of this Act, a State or federal law or | |||||||||||||||||||
21 | a court order. | |||||||||||||||||||
22 | (b-5) Files, documents, and other data or databases | |||||||||||||||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or more | ||||||
2 | law enforcement agencies regarding the physical or mental | ||||||
3 | status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a clearly
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6 | unwarranted invasion of personal privacy, unless the | ||||||
7 | disclosure is
consented to in writing by the individual | ||||||
8 | subjects of the information. "Unwarranted invasion of | ||||||
9 | personal privacy" means the disclosure of information that | ||||||
10 | is highly personal or objectionable to a reasonable person | ||||||
11 | and in which the subject's right to privacy outweighs any | ||||||
12 | legitimate public interest in obtaining the information. | ||||||
13 | The
disclosure of information that bears on the public | ||||||
14 | duties of public
employees and officials shall not be | ||||||
15 | considered an invasion of personal
privacy.
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16 | (d) Records in the possession of any public body | ||||||
17 | created in the course of administrative enforcement
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18 | proceedings, and any law enforcement or correctional | ||||||
19 | agency for
law enforcement purposes,
but only to the extent | ||||||
20 | that disclosure would:
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21 | (i) interfere with pending or actually and | ||||||
22 | reasonably contemplated
law enforcement proceedings | ||||||
23 | conducted by any law enforcement or correctional
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24 | agency that is the recipient of the request;
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25 | (ii) interfere with active administrative | ||||||
26 | enforcement proceedings
conducted by the public body |
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1 | that is the recipient of the request;
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2 | (iii) create a substantial likelihood that a | ||||||
3 | person will be deprived of a fair trial or an impartial | ||||||
4 | hearing;
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5 | (iv) unavoidably disclose the identity of a | ||||||
6 | confidential source, confidential information | ||||||
7 | furnished only by the confidential source, or persons | ||||||
8 | who file complaints with or provide information to | ||||||
9 | administrative, investigative, law enforcement, or | ||||||
10 | penal agencies; except that the identities of | ||||||
11 | witnesses to traffic crashes accidents , traffic crash | ||||||
12 | accident reports, and rescue reports shall be provided | ||||||
13 | by agencies of local government, except when | ||||||
14 | disclosure would interfere with an active criminal | ||||||
15 | investigation conducted by the agency that is the | ||||||
16 | recipient of the request;
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17 | (v) disclose unique or specialized investigative | ||||||
18 | techniques other than
those generally used and known or | ||||||
19 | disclose internal documents of
correctional agencies | ||||||
20 | related to detection, observation or investigation of
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21 | incidents of crime or misconduct, and disclosure would | ||||||
22 | result in demonstrable harm to the agency or public | ||||||
23 | body that is the recipient of the request;
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24 | (vi) endanger the life or physical safety of law | ||||||
25 | enforcement personnel
or any other person; or
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26 | (vii) obstruct an ongoing criminal investigation |
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1 | by the agency that is the recipient of the request.
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2 | (d-5) A law enforcement record created for law | ||||||
3 | enforcement purposes and contained in a shared electronic | ||||||
4 | record management system if the law enforcement agency that | ||||||
5 | is the recipient of the request did not create the record, | ||||||
6 | did not participate in or have a role in any of the events | ||||||
7 | which are the subject of the record, and only has access to | ||||||
8 | the record through the shared electronic record management | ||||||
9 | system. | ||||||
10 | (e) Records that relate to or affect the security of | ||||||
11 | correctional
institutions and detention facilities.
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12 | (e-5) Records requested by persons committed to the | ||||||
13 | Department of Corrections, Department of Human Services | ||||||
14 | Division of Mental Health, or a county jail if those | ||||||
15 | materials are available in the library of the correctional | ||||||
16 | institution or facility or jail where the inmate is | ||||||
17 | confined. | ||||||
18 | (e-6) Records requested by persons committed to the | ||||||
19 | Department of Corrections, Department of Human Services | ||||||
20 | Division of Mental Health, or a county jail if those | ||||||
21 | materials include records from staff members' personnel | ||||||
22 | files, staff rosters, or other staffing assignment | ||||||
23 | information. | ||||||
24 | (e-7) Records requested by persons committed to the | ||||||
25 | Department of Corrections or Department of Human Services | ||||||
26 | Division of Mental Health if those materials are available |
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1 | through an administrative request to the Department of | ||||||
2 | Corrections or Department of Human Services Division of | ||||||
3 | Mental Health. | ||||||
4 | (e-8) Records requested by a person committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail, the disclosure | ||||||
7 | of which would result in the risk of harm to any person or | ||||||
8 | the risk of an escape from a jail or correctional | ||||||
9 | institution or facility. | ||||||
10 | (e-9) Records requested by a person in a county jail or | ||||||
11 | committed to the Department of Corrections or Department of | ||||||
12 | Human Services Division of Mental Health, containing | ||||||
13 | personal information pertaining to the person's victim or | ||||||
14 | the victim's family, including, but not limited to, a | ||||||
15 | victim's home address, home telephone number, work or | ||||||
16 | school address, work telephone number, social security | ||||||
17 | number, or any other identifying information, except as may | ||||||
18 | be relevant to a requester's current or potential case or | ||||||
19 | claim. | ||||||
20 | (e-10) Law enforcement records of other persons | ||||||
21 | requested by a person committed to the Department of | ||||||
22 | Corrections, Department of Human Services Division of | ||||||
23 | Mental Health, or a county jail, including, but not limited | ||||||
24 | to, arrest and booking records, mug shots, and crime scene | ||||||
25 | photographs, except as these records may be relevant to the | ||||||
26 | requester's current or potential case or claim. |
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1 | (f) Preliminary drafts, notes, recommendations, | ||||||
2 | memoranda and other
records in which opinions are | ||||||
3 | expressed, or policies or actions are
formulated, except | ||||||
4 | that a specific record or relevant portion of a
record | ||||||
5 | shall not be exempt when the record is publicly cited
and | ||||||
6 | identified by the head of the public body. The exemption | ||||||
7 | provided in
this paragraph (f) extends to all those records | ||||||
8 | of officers and agencies
of the General Assembly that | ||||||
9 | pertain to the preparation of legislative
documents.
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10 | (g) Trade secrets and commercial or financial | ||||||
11 | information obtained from
a person or business where the | ||||||
12 | trade secrets or commercial or financial information are | ||||||
13 | furnished under a claim that they are
proprietary, | ||||||
14 | privileged , or confidential, and that disclosure of the | ||||||
15 | trade
secrets or commercial or financial information would | ||||||
16 | cause competitive harm to the person or business, and only | ||||||
17 | insofar as the claim directly applies to the records | ||||||
18 | requested. | ||||||
19 | The information included under this exemption includes | ||||||
20 | all trade secrets and commercial or financial information | ||||||
21 | obtained by a public body, including a public pension fund, | ||||||
22 | from a private equity fund or a privately held company | ||||||
23 | within the investment portfolio of a private equity fund as | ||||||
24 | a result of either investing or evaluating a potential | ||||||
25 | investment of public funds in a private equity fund. The | ||||||
26 | exemption contained in this item does not apply to the |
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1 | aggregate financial performance information of a private | ||||||
2 | equity fund, nor to the identity of the fund's managers or | ||||||
3 | general partners. The exemption contained in this item does | ||||||
4 | not apply to the identity of a privately held company | ||||||
5 | within the investment portfolio of a private equity fund, | ||||||
6 | unless the disclosure of the identity of a privately held | ||||||
7 | company may cause competitive harm. | ||||||
8 | Nothing contained in this
paragraph (g) shall be | ||||||
9 | construed to prevent a person or business from
consenting | ||||||
10 | to disclosure.
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11 | (h) Proposals and bids for any contract, grant, or | ||||||
12 | agreement, including
information which if it were | ||||||
13 | disclosed would frustrate procurement or give
an advantage | ||||||
14 | to any person proposing to enter into a contractor | ||||||
15 | agreement
with the body, until an award or final selection | ||||||
16 | is made. Information
prepared by or for the body in | ||||||
17 | preparation of a bid solicitation shall be
exempt until an | ||||||
18 | award or final selection is made.
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19 | (i) Valuable formulae,
computer geographic systems,
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20 | designs, drawings and research data obtained or
produced by | ||||||
21 | any public body when disclosure could reasonably be | ||||||
22 | expected to
produce private gain or public loss.
The | ||||||
23 | exemption for "computer geographic systems" provided in | ||||||
24 | this paragraph
(i) does not extend to requests made by news | ||||||
25 | media as defined in Section 2 of
this Act when the | ||||||
26 | requested information is not otherwise exempt and the only
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1 | purpose of the request is to access and disseminate | ||||||
2 | information regarding the
health, safety, welfare, or | ||||||
3 | legal rights of the general public.
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4 | (j) The following information pertaining to | ||||||
5 | educational matters: | ||||||
6 | (i) test questions, scoring keys and other | ||||||
7 | examination data used to
administer an academic | ||||||
8 | examination;
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9 | (ii) information received by a primary or | ||||||
10 | secondary school, college, or university under its | ||||||
11 | procedures for the evaluation of faculty members by | ||||||
12 | their academic peers; | ||||||
13 | (iii) information concerning a school or | ||||||
14 | university's adjudication of student disciplinary | ||||||
15 | cases, but only to the extent that disclosure would | ||||||
16 | unavoidably reveal the identity of the student; and | ||||||
17 | (iv) course materials or research materials used | ||||||
18 | by faculty members. | ||||||
19 | (k) Architects' plans, engineers' technical | ||||||
20 | submissions, and
other
construction related technical | ||||||
21 | documents for
projects not constructed or developed in | ||||||
22 | whole or in part with public funds
and the same for | ||||||
23 | projects constructed or developed with public funds, | ||||||
24 | including , but not limited to , power generating and | ||||||
25 | distribution stations and other transmission and | ||||||
26 | distribution facilities, water treatment facilities, |
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1 | airport facilities, sport stadiums, convention centers, | ||||||
2 | and all government owned, operated, or occupied buildings, | ||||||
3 | but
only to the extent
that disclosure would compromise | ||||||
4 | security.
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5 | (l) Minutes of meetings of public bodies closed to the
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6 | public as provided in the Open Meetings Act until the | ||||||
7 | public body
makes the minutes available to the public under | ||||||
8 | Section 2.06 of the Open
Meetings Act.
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9 | (m) Communications between a public body and an | ||||||
10 | attorney or auditor
representing the public body that would | ||||||
11 | not be subject to discovery in
litigation, and materials | ||||||
12 | prepared or compiled by or for a public body in
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13 | anticipation of a criminal, civil , or administrative | ||||||
14 | proceeding upon the
request of an attorney advising the | ||||||
15 | public body, and materials prepared or
compiled with | ||||||
16 | respect to internal audits of public bodies.
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17 | (n) Records relating to a public body's adjudication of | ||||||
18 | employee grievances or disciplinary cases; however, this | ||||||
19 | exemption shall not extend to the final outcome of cases in | ||||||
20 | which discipline is imposed.
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21 | (o) Administrative or technical information associated | ||||||
22 | with automated
data processing operations, including , but | ||||||
23 | not limited to , software,
operating protocols, computer | ||||||
24 | program abstracts, file layouts, source
listings, object | ||||||
25 | modules, load modules, user guides, documentation
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26 | pertaining to all logical and physical design of |
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1 | computerized systems,
employee manuals, and any other | ||||||
2 | information that, if disclosed, would
jeopardize the | ||||||
3 | security of the system or its data or the security of
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4 | materials exempt under this Section.
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5 | (p) Records relating to collective negotiating matters
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6 | between public bodies and their employees or | ||||||
7 | representatives, except that
any final contract or | ||||||
8 | agreement shall be subject to inspection and copying.
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9 | (q) Test questions, scoring keys, and other | ||||||
10 | examination data used to determine the qualifications of an | ||||||
11 | applicant for a license or employment.
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12 | (r) The records, documents, and information relating | ||||||
13 | to real estate
purchase negotiations until those | ||||||
14 | negotiations have been completed or
otherwise terminated. | ||||||
15 | With regard to a parcel involved in a pending or
actually | ||||||
16 | and reasonably contemplated eminent domain proceeding | ||||||
17 | under the Eminent Domain Act, records, documents , and
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18 | information relating to that parcel shall be exempt except | ||||||
19 | as may be
allowed under discovery rules adopted by the | ||||||
20 | Illinois Supreme Court. The
records, documents , and | ||||||
21 | information relating to a real estate sale shall be
exempt | ||||||
22 | until a sale is consummated.
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23 | (s) Any and all proprietary information and records | ||||||
24 | related to the
operation of an intergovernmental risk | ||||||
25 | management association or
self-insurance pool or jointly | ||||||
26 | self-administered health and accident
cooperative or pool.
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1 | Insurance or self insurance (including any | ||||||
2 | intergovernmental risk management association or self | ||||||
3 | insurance pool) claims, loss or risk management | ||||||
4 | information, records, data, advice or communications.
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5 | (t) Information contained in or related to | ||||||
6 | examination, operating, or
condition reports prepared by, | ||||||
7 | on behalf of, or for the use of a public
body responsible | ||||||
8 | for the regulation or supervision of financial
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9 | institutions, insurance companies, or pharmacy benefit | ||||||
10 | managers, unless disclosure is otherwise
required by State | ||||||
11 | law.
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12 | (u) Information that would disclose
or might lead to | ||||||
13 | the disclosure of
secret or confidential information, | ||||||
14 | codes, algorithms, programs, or private
keys intended to be | ||||||
15 | used to create electronic or digital signatures under the
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16 | Electronic Commerce Security Act.
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17 | (v) Vulnerability assessments, security measures, and | ||||||
18 | response policies
or plans that are designed to identify, | ||||||
19 | prevent, or respond to potential
attacks upon a community's | ||||||
20 | population or systems, facilities, or installations,
the | ||||||
21 | destruction or contamination of which would constitute a | ||||||
22 | clear and present
danger to the health or safety of the | ||||||
23 | community, but only to the extent that
disclosure could | ||||||
24 | reasonably be expected to jeopardize the effectiveness of | ||||||
25 | the
measures or the safety of the personnel who implement | ||||||
26 | them or the public.
Information exempt under this item may |
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1 | include such things as details
pertaining to the | ||||||
2 | mobilization or deployment of personnel or equipment, to | ||||||
3 | the
operation of communication systems or protocols, or to | ||||||
4 | tactical operations.
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5 | (w) (Blank). | ||||||
6 | (x) Maps and other records regarding the location or | ||||||
7 | security of generation, transmission, distribution, | ||||||
8 | storage, gathering,
treatment, or switching facilities | ||||||
9 | owned by a utility, by a power generator, or by the | ||||||
10 | Illinois Power Agency.
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11 | (y) Information contained in or related to proposals, | ||||||
12 | bids, or negotiations related to electric power | ||||||
13 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
14 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
15 | is determined to be confidential and proprietary by the | ||||||
16 | Illinois Power Agency or by the Illinois Commerce | ||||||
17 | Commission.
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18 | (z) Information about students exempted from | ||||||
19 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
20 | School Code, and information about undergraduate students | ||||||
21 | enrolled at an institution of higher education exempted | ||||||
22 | from disclosure under Section 25 of the Illinois Credit | ||||||
23 | Card Marketing Act of 2009. | ||||||
24 | (aa) Information the disclosure of which is
exempted | ||||||
25 | under the Viatical Settlements Act of 2009.
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26 | (bb) Records and information provided to a mortality |
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1 | review team and records maintained by a mortality review | ||||||
2 | team appointed under the Department of Juvenile Justice | ||||||
3 | Mortality Review Team Act. | ||||||
4 | (cc) Information regarding interments, entombments, or | ||||||
5 | inurnments of human remains that are submitted to the | ||||||
6 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
7 | the Cemetery Oversight Act, whichever is applicable. | ||||||
8 | (dd) Correspondence and records (i) that may not be | ||||||
9 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
10 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
11 | the Illinois Public Aid Code. | ||||||
12 | (ee) The names, addresses, or other personal | ||||||
13 | information of persons who are minors and are also | ||||||
14 | participants and registrants in programs of park | ||||||
15 | districts, forest preserve districts, conservation | ||||||
16 | districts, recreation agencies, and special recreation | ||||||
17 | associations. | ||||||
18 | (ff) The names, addresses, or other personal | ||||||
19 | information of participants and registrants in programs of | ||||||
20 | park districts, forest preserve districts, conservation | ||||||
21 | districts, recreation agencies, and special recreation | ||||||
22 | associations where such programs are targeted primarily to | ||||||
23 | minors. | ||||||
24 | (gg) Confidential information described in Section | ||||||
25 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
26 | (hh) The report submitted to the State Board of |
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1 | Education by the School Security and Standards Task Force | ||||||
2 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
3 | School Code and any information contained in that report. | ||||||
4 | (ii) Records requested by persons committed to or | ||||||
5 | detained by the Department of Human Services under the | ||||||
6 | Sexually Violent Persons Commitment Act or committed to the | ||||||
7 | Department of Corrections under the Sexually Dangerous | ||||||
8 | Persons Act if those materials: (i) are available in the | ||||||
9 | library of the facility where the individual is confined; | ||||||
10 | (ii) include records from staff members' personnel files, | ||||||
11 | staff rosters, or other staffing assignment information; | ||||||
12 | or (iii) are available through an administrative request to | ||||||
13 | the Department of Human Services or the Department of | ||||||
14 | Corrections. | ||||||
15 | (jj) Confidential information described in Section | ||||||
16 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
17 | (kk) The public body's credit card numbers, debit card | ||||||
18 | numbers, bank account numbers, Federal Employer | ||||||
19 | Identification Number, security code numbers, passwords, | ||||||
20 | and similar account information, the disclosure of which | ||||||
21 | could result in identity theft or impression or defrauding | ||||||
22 | of a governmental entity or a person. | ||||||
23 | (ll) (kk) Records concerning the work of the threat | ||||||
24 | assessment team of a school district. | ||||||
25 | (1.5) Any information exempt from disclosure under the | ||||||
26 | Judicial Privacy Act shall be redacted from public records |
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1 | prior to disclosure under this Act. | ||||||
2 | (2) A public record that is not in the possession of a | ||||||
3 | public body but is in the possession of a party with whom the | ||||||
4 | agency has contracted to perform a governmental function on | ||||||
5 | behalf of the public body, and that directly relates to the | ||||||
6 | governmental function and is not otherwise exempt under this | ||||||
7 | Act, shall be considered a public record of the public body, | ||||||
8 | for purposes of this Act. | ||||||
9 | (3) This Section does not authorize withholding of | ||||||
10 | information or limit the
availability of records to the public, | ||||||
11 | except as stated in this Section or
otherwise provided in this | ||||||
12 | Act.
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13 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
14 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. | ||||||
15 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
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16 | Section 10. The State Employee Indemnification Act is | ||||||
17 | amended by changing Section 2 as follows:
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18 | (5 ILCS 350/2) (from Ch. 127, par. 1302)
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19 | Sec. 2. Representation and indemnification of State | ||||||
20 | employees.
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21 | (a) In the event that any civil proceeding is commenced | ||||||
22 | against any
State employee arising out of any act
or omission | ||||||
23 | occurring within the scope of the employee's State employment,
| ||||||
24 | the Attorney General shall, upon timely and appropriate notice |
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1 | to him by
such employee, appear on behalf of such employee and | ||||||
2 | defend
the action. In the event that any civil proceeding
is | ||||||
3 | commenced against any physician who is an employee of the | ||||||
4 | Department
of Corrections or the Department of Human Services | ||||||
5 | (in a position relating to
the Department's mental health and | ||||||
6 | developmental disabilities functions)
alleging death or bodily | ||||||
7 | injury or other injury to the person
of the complainant | ||||||
8 | resulting from and arising out of any act or omission
occurring | ||||||
9 | on or after December 3, 1977 within the scope of the employee's
| ||||||
10 | State employment, or against any physician who is an employee | ||||||
11 | of the
Department of Veterans' Affairs alleging death or bodily | ||||||
12 | injury or other
injury to the person of the complainant | ||||||
13 | resulting from and arising out of
any act or omission occurring | ||||||
14 | on or after the effective date of this
amendatory Act of 1988 | ||||||
15 | within the scope of the employee's State
employment, or in the | ||||||
16 | event that any civil proceeding is commenced
against any | ||||||
17 | attorney who is an employee of the State Appellate Defender
| ||||||
18 | alleging legal malpractice or for other damages resulting from | ||||||
19 | and arising
out of any legal act or omission occurring on or | ||||||
20 | after December 3, 1977,
within the scope of the employee's | ||||||
21 | State employment,
or in the event that any civil proceeding is | ||||||
22 | commenced against any
individual or organization who contracts | ||||||
23 | with the Department of Labor to
provide services as a carnival | ||||||
24 | and amusement ride safety inspector alleging
malpractice, | ||||||
25 | death or bodily injury or other injury to the person arising
| ||||||
26 | out of any act or omission occurring on or after May 1, 1985, |
| |||||||
| |||||||
1 | within the
scope of that employee's State employment, the | ||||||
2 | Attorney General shall, upon
timely and appropriate notice to | ||||||
3 | him by such employee, appear on behalf of
such employee and | ||||||
4 | defend the action. Any such notice shall be in
writing, shall | ||||||
5 | be mailed within 15 days after the date of receipt by the
| ||||||
6 | employee of service of process, and shall authorize the | ||||||
7 | Attorney General
to represent and defend the employee in the | ||||||
8 | proceeding. The giving of
this notice to the Attorney General | ||||||
9 | shall constitute an agreement by the
State employee to | ||||||
10 | cooperate with the Attorney General in his defense of
the | ||||||
11 | action and a consent that the Attorney General shall conduct | ||||||
12 | the
defense as he deems advisable and in the best interests of | ||||||
13 | the employee,
including settlement in the Attorney General's | ||||||
14 | discretion. In any such
proceeding, the State shall pay the | ||||||
15 | court costs and litigation expenses
of defending such action, | ||||||
16 | to the extent approved by the Attorney General
as reasonable, | ||||||
17 | as they are incurred.
| ||||||
18 | (b) In the event that the Attorney General determines that | ||||||
19 | so
appearing and defending an employee either (1) involves an | ||||||
20 | actual or
potential conflict of interest, or (2) that the act | ||||||
21 | or omission which
gave rise to the claim was not within the | ||||||
22 | scope of the employee's State
employment or was intentional, | ||||||
23 | wilful or wanton misconduct, the Attorney
General shall decline | ||||||
24 | in writing to appear or defend or shall promptly
take | ||||||
25 | appropriate action to withdraw as attorney for such employee. | ||||||
26 | Upon
receipt of such declination or upon such withdrawal by the |
| |||||||
| |||||||
1 | Attorney
General on the basis of an actual or potential | ||||||
2 | conflict of interest, the
State employee may employ his own | ||||||
3 | attorney to appear and defend, in
which event the State shall | ||||||
4 | pay the employee's court costs, litigation
expenses and | ||||||
5 | attorneys' fees to the extent approved by the Attorney
General | ||||||
6 | as reasonable, as they are incurred. In the event that the
| ||||||
7 | Attorney General declines to appear or withdraws on the grounds | ||||||
8 | that the
act or omission was not within the scope of | ||||||
9 | employment, or was
intentional, wilful or wanton misconduct, | ||||||
10 | and a court or jury finds that
the act or omission of the State | ||||||
11 | employee was within the scope of
employment and was not | ||||||
12 | intentional, wilful or wanton misconduct, the
State shall | ||||||
13 | indemnify the State employee for any damages awarded and
court | ||||||
14 | costs and attorneys' fees assessed as part of any final and
| ||||||
15 | unreversed judgment. In such event the State shall also pay the
| ||||||
16 | employee's court costs, litigation expenses and attorneys' | ||||||
17 | fees to the
extent approved by the Attorney General as | ||||||
18 | reasonable.
| ||||||
19 | In the event that the defendant in the proceeding is an | ||||||
20 | elected State
official, including members of the General | ||||||
21 | Assembly, the elected State
official may retain his or her | ||||||
22 | attorney, provided that said attorney
shall be reasonably | ||||||
23 | acceptable to the Attorney General. In such case
the State | ||||||
24 | shall pay the elected State official's court costs, litigation
| ||||||
25 | expenses, and attorneys' fees, to the extent approved by the | ||||||
26 | Attorney
General as reasonable, as they are incurred.
|
| |||||||
| |||||||
1 | (b-5) The Attorney General may file a counterclaim on | ||||||
2 | behalf of a State
employee, provided:
| ||||||
3 | (1) the Attorney General determines that the State | ||||||
4 | employee is entitled to
representation in a civil action | ||||||
5 | under this Section;
| ||||||
6 | (2) the counterclaim arises out of any act or omission | ||||||
7 | occurring within
the scope of the employee's State | ||||||
8 | employment that is the subject of the civil
action; and
| ||||||
9 | (3) the employee agrees in writing that if judgment is | ||||||
10 | entered in favor of
the employee, the amount of the | ||||||
11 | judgment shall be applied to offset any
judgment that may | ||||||
12 | be entered in favor of the plaintiff, and then to reimburse
| ||||||
13 | the State treasury for court costs and litigation expenses | ||||||
14 | required to pursue
the counterclaim. The balance of the | ||||||
15 | collected judgment shall be paid to the
State employee.
| ||||||
16 | (c) Notwithstanding any other provision of this Section,
| ||||||
17 | representation and indemnification of a judge under this Act | ||||||
18 | shall also be
provided in any case where the plaintiff seeks | ||||||
19 | damages or any equitable
relief as a result of any decision, | ||||||
20 | ruling or order of a judge made in the
course of his or her | ||||||
21 | judicial or administrative duties, without regard to
the theory | ||||||
22 | of recovery employed by the plaintiff. Indemnification shall be
| ||||||
23 | for all damages awarded and all court costs, attorney fees and | ||||||
24 | litigation
expenses assessed against the judge. When a judge | ||||||
25 | has been convicted of a
crime as a result of his or her | ||||||
26 | intentional judicial misconduct in a trial,
that judge shall |
| |||||||
| |||||||
1 | not be entitled to indemnification and representation
under | ||||||
2 | this subsection in any case maintained by a party who seeks | ||||||
3 | damages
or other equitable relief as a direct result of
the | ||||||
4 | judge's intentional judicial misconduct.
| ||||||
5 | (d) In any such proceeding where notice in accordance with | ||||||
6 | this Section
has been given to the Attorney
General, unless the | ||||||
7 | court or jury finds that the
conduct or inaction which gave | ||||||
8 | rise to the claim or cause of action was
intentional, wilful or | ||||||
9 | wanton misconduct and was not intended to serve
or benefit | ||||||
10 | interests of the State, the State shall indemnify the State
| ||||||
11 | employee for any damages awarded and court costs and attorneys' | ||||||
12 | fees
assessed as part of any final and unreversed judgment, or | ||||||
13 | shall pay such
judgment. Unless the
Attorney General determines | ||||||
14 | that the conduct or inaction which gave rise
to the claim or | ||||||
15 | cause of action was intentional, wilful or wanton
misconduct | ||||||
16 | and was not intended to serve or benefit interests of the
| ||||||
17 | State, the case may be settled, in the Attorney General's | ||||||
18 | discretion and
with the employee's consent,
and the State shall | ||||||
19 | indemnify the employee for any damages, court costs
and | ||||||
20 | attorneys' fees agreed to as part of the settlement, or shall | ||||||
21 | pay
such settlement. Where the
employee is represented by | ||||||
22 | private counsel, any settlement must be so
approved by the | ||||||
23 | Attorney General and the court having jurisdiction,
which shall | ||||||
24 | obligate the State to indemnify the employee.
| ||||||
25 | (e) (i) Court costs and litigation expenses and other costs | ||||||
26 | of providing a
defense or counterclaim, including attorneys' |
| |||||||
| |||||||
1 | fees obligated under this
Section, shall be paid from the State | ||||||
2 | Treasury on the warrant of the
Comptroller out of | ||||||
3 | appropriations made to the Department of Central Management
| ||||||
4 | Services specifically designed for the payment of costs, fees | ||||||
5 | and expenses
covered by this Section.
| ||||||
6 | (ii) Upon entry of a final judgment against the employee, | ||||||
7 | or upon the
settlement of the claim, the employee shall cause | ||||||
8 | to be served a copy of
such judgment or settlement, personally | ||||||
9 | or by certified or registered mail
within thirty days of the | ||||||
10 | date of entry or settlement, upon the chief
administrative | ||||||
11 | officer of the department, office or agency in which he is
| ||||||
12 | employed. If not inconsistent with the provisions of this | ||||||
13 | Section, such
judgment or settlement shall be certified for | ||||||
14 | payment by such chief
administrative officer and by the | ||||||
15 | Attorney General. The judgment or
settlement shall be paid from | ||||||
16 | the State Treasury on the warrant of the
Comptroller out of | ||||||
17 | appropriations made to the Department of Central
Management | ||||||
18 | Services specifically designed for the payment of claims | ||||||
19 | covered
by this Section.
| ||||||
20 | (f) Nothing contained or implied in this Section shall
| ||||||
21 | operate, or be construed or applied, to deprive the State, or | ||||||
22 | any employee
thereof, of any defense heretofore available.
| ||||||
23 | (g) This Section shall apply regardless of whether the
| ||||||
24 | employee is sued in his or her individual or official capacity.
| ||||||
25 | (h) This Section shall not apply to claims for bodily | ||||||
26 | injury or
damage to property arising from motor vehicle crashes |
| |||||||
| |||||||
1 | accidents .
| ||||||
2 | (i) This Section shall apply to all proceedings filed on or
| ||||||
3 | after its effective date, and to any proceeding pending on its | ||||||
4 | effective
date, if the State employee gives notice to the | ||||||
5 | Attorney General as
provided in this Section within 30 days of | ||||||
6 | the Act's effective date.
| ||||||
7 | (j) The amendatory changes made to this Section by this | ||||||
8 | amendatory Act of
1986 shall apply to all proceedings filed on | ||||||
9 | or after the effective date of
this amendatory Act of 1986 and | ||||||
10 | to any proceeding pending on its effective
date, if the State | ||||||
11 | employee gives notice to the Attorney General as provided
in | ||||||
12 | this Section within 30 days of the effective date of this | ||||||
13 | amendatory Act
of 1986.
| ||||||
14 | (k) This Act applies to all State officials who are serving | ||||||
15 | as trustees,
or their appointing authorities, of
a clean energy | ||||||
16 | community trust or as members of a not-for-profit foundation or
| ||||||
17 | corporation established pursuant to Section
16-111.1 of the | ||||||
18 | Public Utilities Act.
| ||||||
19 | (l) The State shall not provide representation for, nor | ||||||
20 | shall it indemnify, any State employee in (i) any criminal | ||||||
21 | proceeding in which the employee is a defendant or (ii) any | ||||||
22 | criminal investigation in which the employee is the target. | ||||||
23 | Nothing in this Act shall be construed to prohibit the State | ||||||
24 | from providing representation to a State employee who is a | ||||||
25 | witness in a criminal matter arising out of that employee's | ||||||
26 | State employment. |
| |||||||
| |||||||
1 | (Source: P.A. 99-461, eff. 1-1-17 .)
| ||||||
2 | Section 15. The Illinois Identification Card Act is amended | ||||||
3 | by changing Section 11A as follows:
| ||||||
4 | (15 ILCS 335/11A) | ||||||
5 | Sec. 11A. Emergency contact database. | ||||||
6 | (a) The Secretary of State shall establish a database of | ||||||
7 | the emergency contacts of persons who hold identification | ||||||
8 | cards. Information in the database shall be accessible only to | ||||||
9 | employees of the Office of the Secretary and law enforcement | ||||||
10 | officers employed by a law enforcement agency. Law enforcement | ||||||
11 | officers may share information contained in the emergency | ||||||
12 | contact database, including disabilities and special needs | ||||||
13 | information, with other public safety workers on scene, as | ||||||
14 | needed to conduct official law enforcement duties. | ||||||
15 | (b) Any person holding an identification card shall be | ||||||
16 | afforded the opportunity to provide the Secretary of State, in | ||||||
17 | a manner and form designated by the Secretary of State, the | ||||||
18 | name, address, telephone number, and relationship to the holder | ||||||
19 | of no more than 2 emergency contact persons whom the holder | ||||||
20 | wishes to be contacted by a law enforcement officer if the | ||||||
21 | holder is involved in a motor vehicle crash accident or other | ||||||
22 | emergency situation and the holder is unable to communicate | ||||||
23 | with the contact person or persons and may designate whether | ||||||
24 | the holder has a disability or is a special needs individual. A |
| |||||||
| |||||||
1 | contact person need not be the holder's next of kin. | ||||||
2 | (c) The Secretary shall adopt rules to implement this | ||||||
3 | Section. At a minimum, the rules shall address all of the | ||||||
4 | following: | ||||||
5 | (1) the method whereby a holder may provide the | ||||||
6 | Secretary of State with emergency contact, disability, and | ||||||
7 | special needs information; | ||||||
8 | (2) the method whereby a holder may provide the | ||||||
9 | Secretary of State with a change to the emergency contact, | ||||||
10 | disability, and special needs information; and | ||||||
11 | (3) any other aspect of the database or its operation | ||||||
12 | that the Secretary determines is necessary to implement | ||||||
13 | this Section. | ||||||
14 | (d) If a person involved in a motor vehicle crash accident | ||||||
15 | or other emergency situation is unable to communicate with the | ||||||
16 | contact person or persons specified in the database, a law | ||||||
17 | enforcement officer shall make a good faith effort to notify | ||||||
18 | the contact person or persons of the situation. Neither the law | ||||||
19 | enforcement officer nor the law enforcement agency that employs | ||||||
20 | that law enforcement officer incurs any liability, however, if | ||||||
21 | the law enforcement officer is not able to make contact with | ||||||
22 | the contact person. Except for willful or wanton misconduct, | ||||||
23 | neither the law enforcement officer, nor the law enforcement | ||||||
24 | agency that employs the law enforcement officer, shall incur | ||||||
25 | any liability relating to the reporting or use of the database | ||||||
26 | during a motor vehicle crash accident or other emergency |
| |||||||
| |||||||
1 | situation. | ||||||
2 | (e) The Secretary of State shall make a good faith effort | ||||||
3 | to maintain accurate data as provided by the identification | ||||||
4 | card holder and to provide that information to law enforcement | ||||||
5 | as provided in subsection (a). The Secretary of State is not | ||||||
6 | liable for any damages, costs, or expenses, including, without | ||||||
7 | limitation, consequential damages, arising or resulting from | ||||||
8 | any inaccurate or incomplete data or system unavailability. | ||||||
9 | Except for willful or wanton misconduct, the Secretary of State | ||||||
10 | shall not incur any liability relating to the reporting of | ||||||
11 | disabilities or special needs individuals. | ||||||
12 | (f) As used in this Section: | ||||||
13 | "Disability" means an individual's physical or mental | ||||||
14 | impairment that substantially limits one or more of the major | ||||||
15 | life activities; a record of such impairment; or when the | ||||||
16 | individual is regarded as having such impairment. | ||||||
17 | "Public safety worker" means a person employed by this | ||||||
18 | State or a political subdivision thereof that provides | ||||||
19 | firefighting, law enforcement, medical, or other emergency | ||||||
20 | services. | ||||||
21 | "Special needs individuals" means those individuals who | ||||||
22 | have or are at increased risk for a chronic physical, | ||||||
23 | developmental, behavioral, or emotional condition and who also | ||||||
24 | require health and related services of a type or amount beyond | ||||||
25 | that required by individuals generally. | ||||||
26 | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
|
| |||||||
| |||||||
1 | Section 20. The Department of Transportation Law of the
| ||||||
2 | Civil Administrative Code of Illinois is amended by changing | ||||||
3 | Sections 2705-210 and 2705-317 as follows:
| ||||||
4 | (20 ILCS 2705/2705-210) (was 20 ILCS 2705/49.15)
| ||||||
5 | Sec. 2705-210. Traffic control and prevention of crashes | ||||||
6 | accidents . The Department
has the power to develop, | ||||||
7 | consolidate, and coordinate effective
programs
and activities | ||||||
8 | for the advancement of driver education, for the
facilitation | ||||||
9 | of the movement of motor vehicle traffic, and for the
| ||||||
10 | protection and conservation of life and property on the streets | ||||||
11 | and
highways of this State and to advise, recommend, and | ||||||
12 | consult with the
several departments, divisions, boards, | ||||||
13 | commissions, and other agencies
of this State in regard to | ||||||
14 | those programs and activities. The
Department has the power to | ||||||
15 | aid and
assist the counties, cities, towns, and other political | ||||||
16 | subdivisions of
this State in the control of traffic and the | ||||||
17 | prevention of traffic crashes
accidents . That aid and | ||||||
18 | assistance to counties, cities, towns,
and other
political | ||||||
19 | subdivisions of this State shall include assistance with regard
| ||||||
20 | to planning, traffic flow, light synchronizing, preferential | ||||||
21 | lanes for
carpools,
and carpool parking allocations.
| ||||||
22 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
23 | (20 ILCS 2705/2705-317)
|
| |||||||
| |||||||
1 | Sec. 2705-317. Safe Routes to School Construction Program. | ||||||
2 | (a) Upon enactment of a federal transportation bill with a | ||||||
3 | dedicated fund available to states for safe routes to schools, | ||||||
4 | the Department, in cooperation with the State Board of | ||||||
5 | Education and the Department of State Police, shall establish | ||||||
6 | and administer a Safe Routes to School Construction Program for | ||||||
7 | the construction of bicycle and pedestrian safety and | ||||||
8 | traffic-calming projects using the federal Safe Routes to | ||||||
9 | Schools Program funds. | ||||||
10 | (b) The Department shall make construction grants
| ||||||
11 | available to local governmental agencies under the Safe Routes | ||||||
12 | to School
Construction Program based on the results of a | ||||||
13 | statewide competition
that requires submission of Safe Routes | ||||||
14 | to School proposals for funding
and that rates those proposals | ||||||
15 | on all of the following factors:
| ||||||
16 | (1) Demonstrated needs of the grant applicant.
| ||||||
17 | (2) Potential of the proposal for reducing child | ||||||
18 | injuries and
fatalities.
| ||||||
19 | (3) Potential of the proposal for encouraging | ||||||
20 | increased
walking and bicycling among students.
| ||||||
21 | (4) Identification of safety hazards.
| ||||||
22 | (5) Identification of current and potential walking | ||||||
23 | and
bicycling routes to school.
| ||||||
24 | (6) Consultation and support for projects by | ||||||
25 | school-based
associations, local traffic engineers, local | ||||||
26 | elected officials, law
enforcement agencies, and school |
| |||||||
| |||||||
1 | officials.
| ||||||
2 | (7) Proximity to parks and other recreational | ||||||
3 | facilities.
| ||||||
4 | With respect to the use of federal Safe Routes to Schools | ||||||
5 | Program funds, prior to
the award of a construction grant or | ||||||
6 | the use of those funds for a Safe Routes
to
School
project | ||||||
7 | encompassing a highway, the Department shall
consult with and | ||||||
8 | obtain approval from the Department of State Police
and the | ||||||
9 | highway authority with jurisdiction to ensure that the Safe | ||||||
10 | Routes to School proposal is consistent with a
statewide | ||||||
11 | pedestrian safety statistical analysis.
| ||||||
12 | (c) On March 30, 2006 and each March 30th thereafter, the | ||||||
13 | Department shall submit a report to the General Assembly | ||||||
14 | listing
and describing the projects funded under the Safe | ||||||
15 | Routes to School
Construction Program.
| ||||||
16 | (d) The Department shall study the effectiveness of
the | ||||||
17 | Safe Routes to School Construction Program, with particular | ||||||
18 | emphasis on the
Program's effectiveness in reducing traffic | ||||||
19 | crashes accidents and its contribution
to improving safety and | ||||||
20 | reducing the number of child injuries and
fatalities in the | ||||||
21 | vicinity of a Safe Routes to School project. The Department | ||||||
22 | shall
submit a report to the General Assembly on or before | ||||||
23 | December 31, 2006
regarding the results of the study.
| ||||||
24 | (e) The Department, the State Board of Education,
and the | ||||||
25 | Department of State Police may adopt any rules necessary to
| ||||||
26 | implement this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-493, eff. 8-8-05.)
| ||||||
2 | Section 25. The Peace Officer Fire Investigation Act is | ||||||
3 | amended by changing Section 1 as follows:
| ||||||
4 | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| ||||||
5 | Sec. 1. Peace officer status.
| ||||||
6 | (a) Any person who is a sworn member of any
organized and | ||||||
7 | paid fire department of a political subdivision of this State
| ||||||
8 | and is authorized to investigate fires or explosions for such | ||||||
9 | political
subdivision and
to determine the cause, origin and | ||||||
10 | circumstances of fires or explosions
that are suspected to be | ||||||
11 | arson or arson-related crimes, may be classified
as a peace | ||||||
12 | officer by the political subdivision or agency employing such
| ||||||
13 | person. A person so classified shall possess the same powers of | ||||||
14 | arrest,
search and seizure and the securing and service of | ||||||
15 | warrants as sheriffs
of counties, and police officers within | ||||||
16 | the jurisdiction of their political
subdivision. While in the | ||||||
17 | actual investigation and matters incident thereto,
such person | ||||||
18 | may carry weapons as may be necessary, but only if that person | ||||||
19 | has
satisfactorily completed (1) a training program offered or | ||||||
20 | approved by the
Illinois Law Enforcement Training Standards | ||||||
21 | Board which substantially conforms
to standards promulgated | ||||||
22 | pursuant to the Illinois Police Training Act and the Peace | ||||||
23 | Officer and Probation Officer Firearm Training Act; and (2) a | ||||||
24 | course in fire and arson investigation approved by the
Office |
| |||||||
| |||||||
1 | of the State Fire Marshal pursuant to the Illinois Fire | ||||||
2 | Protection
Training Act. Such training need not include | ||||||
3 | exposure to vehicle and traffic
law, traffic control and crash | ||||||
4 | accident investigation, or first aid, but shall
include | ||||||
5 | training in the law relating to the rights of persons suspected | ||||||
6 | of
involvement in criminal activities.
| ||||||
7 | Any person granted the powers enumerated in this subsection | ||||||
8 | (a) may exercise such
powers only during the actual | ||||||
9 | investigation of the cause, origin and
circumstances of such | ||||||
10 | fires or explosions that are suspected to be arson or
| ||||||
11 | arson-related crimes.
| ||||||
12 | (b) Persons employed by the Office of the State Fire | ||||||
13 | Marshal to conduct arson investigations shall be designated | ||||||
14 | State Fire Marshal Arson Investigator Special Agents and shall | ||||||
15 | be peace officers with all of the powers of peace officers in | ||||||
16 | cities and sheriffs in counties, except that they may exercise | ||||||
17 | those powers throughout the State. These Special Agents may | ||||||
18 | exercise these powers only when engaging in official duties | ||||||
19 | during the actual investigation of the cause, origin, and
| ||||||
20 | circumstances of such fires or explosions that are suspected to | ||||||
21 | be arson or
arson-related crimes and may carry weapons at all | ||||||
22 | times, but only if they have satisfactorily completed (1) a | ||||||
23 | training course approved by the Illinois Law Enforcement | ||||||
24 | Training Standards Board that substantially conforms to the | ||||||
25 | standards promulgated pursuant to the Peace Officer and | ||||||
26 | Probation Officer Firearm Training Act and (2) a course in fire |
| |||||||
| |||||||
1 | and arson investigation approved by the
Office of the State | ||||||
2 | Fire Marshal pursuant to the Illinois Fire Protection
Training | ||||||
3 | Act. Such training need not include exposure to vehicle and | ||||||
4 | traffic
law, traffic control and crash accident investigation, | ||||||
5 | or first aid, but shall
include training in the law relating to | ||||||
6 | the rights of persons suspected of
involvement in criminal | ||||||
7 | activities. | ||||||
8 | For purposes of this subsection (b), a "State Fire Marshal | ||||||
9 | Arson Investigator Special Agent" does not include any fire | ||||||
10 | investigator, fireman, police officer, or other employee of the | ||||||
11 | federal government; any fire investigator, fireman, police | ||||||
12 | officer, or other employee of any unit of local government; or | ||||||
13 | any fire investigator, fireman, police officer, or other | ||||||
14 | employee of the State of Illinois other than an employee of the | ||||||
15 | Office of the State Fire Marshal assigned to investigate arson.
| ||||||
16 | The State Fire Marshal must authorize to each employee of | ||||||
17 | the Office
of the State Fire Marshal who is exercising the | ||||||
18 | powers of a peace officer a
distinct badge that, on its face, | ||||||
19 | (i) clearly states that the badge is
authorized by the Office | ||||||
20 | of the State Fire Marshal and (ii) contains a unique
| ||||||
21 | identifying number. No other badge shall be authorized by the | ||||||
22 | Office of the
State Fire Marshal, except that a badge, | ||||||
23 | different from the badge issued to
peace officers, may be | ||||||
24 | authorized by the Office of the State Fire Marshal for
the use | ||||||
25 | of fire prevention inspectors employed by that Office.
Nothing | ||||||
26 | in this subsection prohibits the State Fire Marshal from |
| |||||||
| |||||||
1 | issuing
shields or other distinctive identification to | ||||||
2 | employees not exercising the
powers of a peace officer if the | ||||||
3 | State Fire Marshal determines that a shield or
distinctive | ||||||
4 | identification is needed by the employee to carry out his or | ||||||
5 | her
responsibilities.
| ||||||
6 | (c) The Office of the State Fire Marshal shall establish a | ||||||
7 | policy to allow a State Fire Marshal Arson Investigator Special | ||||||
8 | Agent who is honorably retiring or separating in good standing | ||||||
9 | to purchase either one or both of the following: (i) any badge | ||||||
10 | previously issued to that State Fire Marshal Arson Investigator | ||||||
11 | Special Agent; or (ii) if the State Fire Marshal Arson | ||||||
12 | Investigator Special Agent has a currently valid Firearm | ||||||
13 | Owner's Identification Card, the service firearm issued or | ||||||
14 | previously issued to the State Fire Marshal Arson Investigator | ||||||
15 | Special Agent by the Office of the State Fire Marshal. The cost | ||||||
16 | of the firearm purchased shall be the replacement value of the | ||||||
17 | firearm and not the firearm's fair market value. All funds | ||||||
18 | received by the agency under this program shall be deposited | ||||||
19 | into the Fire Prevention Fund. | ||||||
20 | (Source: P.A. 100-931, eff. 8-17-18.)
| ||||||
21 | Section 30. The Illinois Police Training Act is amended by | ||||||
22 | changing Section 7 as follows:
| ||||||
23 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
24 | Sec. 7. Rules and standards for schools. The Board shall |
| |||||||
| |||||||
1 | adopt rules and
minimum standards for such schools which shall | ||||||
2 | include, but not be limited to,
the following:
| ||||||
3 | a. The curriculum for probationary police officers | ||||||
4 | which shall be
offered by all certified schools shall | ||||||
5 | include, but not be limited to,
courses of procedural | ||||||
6 | justice, arrest and use and control tactics, search and | ||||||
7 | seizure, including temporary questioning, civil rights, | ||||||
8 | human rights, human relations,
cultural competency, | ||||||
9 | including implicit bias and racial and ethnic sensitivity,
| ||||||
10 | criminal law, law of criminal procedure, constitutional | ||||||
11 | and proper use of law enforcement authority, vehicle and | ||||||
12 | traffic law including
uniform and non-discriminatory | ||||||
13 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
14 | and crash accident investigation, techniques of obtaining
| ||||||
15 | physical evidence, court testimonies, statements, reports, | ||||||
16 | firearms
training, training in the use of electronic | ||||||
17 | control devices, including the psychological and | ||||||
18 | physiological effects of the use of those devices on | ||||||
19 | humans, first-aid (including cardiopulmonary | ||||||
20 | resuscitation), training in the administration of opioid | ||||||
21 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
22 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
23 | of
juvenile offenders, recognition of
mental conditions | ||||||
24 | and crises, including, but not limited to, the disease of | ||||||
25 | addiction, which require immediate assistance and response | ||||||
26 | and methods to
safeguard and provide assistance to a person |
| |||||||
| |||||||
1 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
2 | financial exploitation, and self-neglect of adults with | ||||||
3 | disabilities and older adults, as defined in Section 2 of | ||||||
4 | the Adult Protective Services Act, crimes against the | ||||||
5 | elderly, law of evidence, the hazards of high-speed police | ||||||
6 | vehicle
chases with an emphasis on alternatives to the | ||||||
7 | high-speed chase, and
physical training. The curriculum | ||||||
8 | shall include specific training in
techniques for | ||||||
9 | immediate response to and investigation of cases of | ||||||
10 | domestic
violence and of sexual assault of adults and | ||||||
11 | children, including cultural perceptions and common myths | ||||||
12 | of sexual assault and sexual abuse as well as interview | ||||||
13 | techniques that are age sensitive and are trauma informed, | ||||||
14 | victim centered, and victim sensitive. The curriculum | ||||||
15 | shall include
training in techniques designed to promote | ||||||
16 | effective
communication at the initial contact with crime | ||||||
17 | victims and ways to comprehensively
explain to victims and | ||||||
18 | witnesses their rights under the Rights
of Crime Victims | ||||||
19 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
20 | The curriculum shall also include training in effective | ||||||
21 | recognition of and responses to stress, trauma, and | ||||||
22 | post-traumatic stress experienced by police officers that | ||||||
23 | is consistent with Section 25 of the Illinois Mental Health | ||||||
24 | First Aid Training Act in a peer setting, including | ||||||
25 | recognizing signs and symptoms of work-related cumulative | ||||||
26 | stress, issues that may lead to suicide, and solutions for |
| |||||||
| |||||||
1 | intervention with peer support resources. The curriculum | ||||||
2 | shall include a block of instruction addressing the | ||||||
3 | mandatory reporting requirements under the Abused and | ||||||
4 | Neglected Child Reporting Act. The curriculum shall also | ||||||
5 | include a block of instruction aimed at identifying and | ||||||
6 | interacting with persons with autism and other | ||||||
7 | developmental or physical disabilities, reducing barriers | ||||||
8 | to reporting crimes against persons with autism, and | ||||||
9 | addressing the unique challenges presented by cases | ||||||
10 | involving victims or witnesses with autism and other | ||||||
11 | developmental disabilities. The curriculum shall include | ||||||
12 | training in the detection and investigation of all forms of | ||||||
13 | human trafficking. The curriculum shall also include | ||||||
14 | instruction in trauma-informed responses designed to | ||||||
15 | ensure the physical safety and well-being of a child of an | ||||||
16 | arrested parent or immediate family member; this | ||||||
17 | instruction must include, but is not limited to: (1) | ||||||
18 | understanding the trauma experienced by the child while | ||||||
19 | maintaining the integrity of the arrest and safety of | ||||||
20 | officers, suspects, and other involved individuals; (2) | ||||||
21 | de-escalation tactics that would include the use of force | ||||||
22 | when reasonably necessary; and (3) inquiring whether a | ||||||
23 | child will require supervision and care. The curriculum for
| ||||||
24 | permanent police officers shall include, but not be limited | ||||||
25 | to: (1) refresher
and in-service training in any of the | ||||||
26 | courses listed above in this
subparagraph, (2) advanced |
| |||||||
| |||||||
1 | courses in any of the subjects listed above in
this | ||||||
2 | subparagraph, (3) training for supervisory personnel, and | ||||||
3 | (4)
specialized training in subjects and fields to be | ||||||
4 | selected by the board. The training in the use of | ||||||
5 | electronic control devices shall be conducted for | ||||||
6 | probationary police officers, including University police | ||||||
7 | officers.
| ||||||
8 | b. Minimum courses of study, attendance requirements | ||||||
9 | and equipment
requirements.
| ||||||
10 | c. Minimum requirements for instructors.
| ||||||
11 | d. Minimum basic training requirements, which a | ||||||
12 | probationary police
officer must satisfactorily complete | ||||||
13 | before being eligible for permanent
employment as a local | ||||||
14 | law enforcement officer for a participating local
| ||||||
15 | governmental agency. Those requirements shall include | ||||||
16 | training in first aid
(including cardiopulmonary | ||||||
17 | resuscitation).
| ||||||
18 | e. Minimum basic training requirements, which a | ||||||
19 | probationary county
corrections officer must | ||||||
20 | satisfactorily complete before being eligible for
| ||||||
21 | permanent employment as a county corrections officer for a | ||||||
22 | participating
local governmental agency.
| ||||||
23 | f. Minimum basic training requirements which a | ||||||
24 | probationary court
security officer must satisfactorily | ||||||
25 | complete before being eligible for
permanent employment as | ||||||
26 | a court security officer for a participating local
|
| |||||||
| |||||||
1 | governmental agency. The Board shall
establish those | ||||||
2 | training requirements which it considers appropriate for | ||||||
3 | court
security officers and shall certify schools to | ||||||
4 | conduct that training.
| ||||||
5 | A person hired to serve as a court security officer | ||||||
6 | must obtain from the
Board a certificate (i) attesting to | ||||||
7 | his or her successful completion of the
training course; | ||||||
8 | (ii) attesting to his or her satisfactory
completion of a | ||||||
9 | training program of similar content and number of hours | ||||||
10 | that
has been found acceptable by the Board under the | ||||||
11 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
12 | determination that the training
course is unnecessary | ||||||
13 | because of the person's extensive prior law enforcement
| ||||||
14 | experience.
| ||||||
15 | Individuals who currently serve as court security | ||||||
16 | officers shall be deemed
qualified to continue to serve in | ||||||
17 | that capacity so long as they are certified
as provided by | ||||||
18 | this Act within 24 months of June 1, 1997 (the effective | ||||||
19 | date of Public Act 89-685). Failure to be so certified, | ||||||
20 | absent a waiver from the
Board, shall cause the officer to | ||||||
21 | forfeit his or her position.
| ||||||
22 | All individuals hired as court security officers on or | ||||||
23 | after June 1, 1997 (the effective
date of Public Act | ||||||
24 | 89-685) shall be certified within 12 months of the
date of | ||||||
25 | their hire, unless a waiver has been obtained by the Board, | ||||||
26 | or they
shall forfeit their positions.
|
| |||||||
| |||||||
1 | The Sheriff's Merit Commission, if one exists, or the | ||||||
2 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
3 | shall maintain a list of all
individuals who have filed | ||||||
4 | applications to become court security officers and
who meet | ||||||
5 | the eligibility requirements established under this Act. | ||||||
6 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
7 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
8 | establish a schedule of reasonable intervals for
| ||||||
9 | verification of the applicants' qualifications under
this | ||||||
10 | Act and as established by the Board.
| ||||||
11 | g. Minimum in-service training requirements, which a | ||||||
12 | police officer must satisfactorily complete every 3 years. | ||||||
13 | Those requirements shall include constitutional and proper | ||||||
14 | use of law enforcement authority, procedural justice, | ||||||
15 | civil rights, human rights, mental health awareness and | ||||||
16 | response, officer wellness, reporting child abuse and | ||||||
17 | neglect, and cultural competency. | ||||||
18 | h. Minimum in-service training requirements, which a | ||||||
19 | police officer must satisfactorily complete at least | ||||||
20 | annually. Those requirements shall include law updates and | ||||||
21 | use of force training which shall include scenario based | ||||||
22 | training, or similar training approved by the Board. | ||||||
23 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
24 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
25 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
26 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; |
| |||||||
| |||||||
1 | 101-564, eff. 1-1-20; revised 9-10-19.)
| ||||||
2 | Section 35. The Uniform Crime Reporting Act is amended by | ||||||
3 | changing Section 5-5 as follows:
| ||||||
4 | (50 ILCS 709/5-5)
| ||||||
5 | Sec. 5-5. Definitions. As used in this Act: | ||||||
6 | "Arrest-related death" means any death of an individual | ||||||
7 | while the individual's freedom to leave is restricted by a law | ||||||
8 | enforcement officer while the officer is on duty, or otherwise | ||||||
9 | acting within the scope of his or her employment, including any | ||||||
10 | death resulting from a motor vehicle crash accident , if the law | ||||||
11 | enforcement officer was engaged in direct action against the | ||||||
12 | individual or the individual's vehicle during the process of | ||||||
13 | apprehension. "Arrest-related death" does not include the | ||||||
14 | death of law enforcement personnel.
| ||||||
15 | "Department" means the Department of State Police. | ||||||
16 | "Domestic crime" means any crime attempted or committed | ||||||
17 | between a victim and offender who have a domestic relationship, | ||||||
18 | both current and past. | ||||||
19 | "Hate crime" has the same meaning as defined under Section | ||||||
20 | 12-7.1 of the Criminal Code of 2012. | ||||||
21 | "Law enforcement agency" means an agency of this State or | ||||||
22 | unit of local government which is vested by law or ordinance | ||||||
23 | with the duty to maintain public order and to enforce criminal | ||||||
24 | law or ordinances. |
| |||||||
| |||||||
1 | "Law enforcement officer" or "officer" means any officer, | ||||||
2 | agent, or employee of this State or a unit of local government | ||||||
3 | authorized by law or by a government agency to engage in or | ||||||
4 | supervise the prevention, detection, or investigation of any | ||||||
5 | violation of criminal law, or authorized by law to supervise | ||||||
6 | accused persons or sentenced criminal offenders.
| ||||||
7 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
8 | Section 40. The Police and Community Relations Improvement | ||||||
9 | Act is amended by changing Sections 1-5 and 1-10 as follows:
| ||||||
10 | (50 ILCS 727/1-5)
| ||||||
11 | Sec. 1-5. Definitions. As used in this Act: | ||||||
12 | "Law enforcement agency" means an agency of this State or | ||||||
13 | unit of local government which is vested by law or ordinance | ||||||
14 | with the duty to maintain public order and to enforce criminal | ||||||
15 | laws or ordinances. | ||||||
16 | "Law enforcement officer" or "officer" means any person | ||||||
17 | employed by a State, county, or municipality as a policeman, | ||||||
18 | peace officer, or in some like position involving the | ||||||
19 | enforcement of the law and protection of public interest at the | ||||||
20 | risk of the person's life. | ||||||
21 | "Officer-involved death" means any death of an individual | ||||||
22 | that results directly from an action or directly from an | ||||||
23 | intentional omission, including unreasonable delay involving a | ||||||
24 | person in custody or intentional failure to seek medical |
| |||||||
| |||||||
1 | attention when the need for treatment is apparent, of a law | ||||||
2 | enforcement officer while the officer is on duty, or otherwise | ||||||
3 | acting within the scope of his or her employment, or while the | ||||||
4 | officer is off duty, but performing activities that are within | ||||||
5 | the scope of his or her law enforcement duties. | ||||||
6 | "Officer-involved death" includes any death resulting from a | ||||||
7 | motor vehicle crash accident , if the law enforcement officer | ||||||
8 | was engaged in law enforcement activity involving the | ||||||
9 | individual or the individual's vehicle in the process of | ||||||
10 | apprehension or attempt to apprehend.
| ||||||
11 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
12 | (50 ILCS 727/1-10)
| ||||||
13 | Sec. 1-10. Investigation of officer-involved deaths; | ||||||
14 | requirements.
| ||||||
15 | (a) Each law enforcement agency shall have a written policy | ||||||
16 | regarding the investigation of officer-involved deaths that | ||||||
17 | involve a law enforcement officer employed by that law | ||||||
18 | enforcement agency. | ||||||
19 | (b) Each officer-involved death investigation shall be | ||||||
20 | conducted by at least 2 investigators, or an entity or agency | ||||||
21 | comprised of at least 2 investigators, one of whom is the lead | ||||||
22 | investigator. The lead investigator shall be a person certified | ||||||
23 | by the Illinois Law Enforcement Training Standards Board as a | ||||||
24 | Lead Homicide Investigator, or similar training approved by the | ||||||
25 | Illinois Law Enforcement Training Standards Board or the |
| |||||||
| |||||||
1 | Department of State Police, or similar training provided at an | ||||||
2 | Illinois Law Enforcement Training Standards Board certified | ||||||
3 | school. No
investigator involved in the investigation may be | ||||||
4 | employed by the law enforcement agency that employs the officer | ||||||
5 | involved in the officer-involved death, unless the | ||||||
6 | investigator is employed by the Department of State Police and | ||||||
7 | is not assigned to the same division or unit as the officer | ||||||
8 | involved in the death. | ||||||
9 | (c) In addition to the requirements of subsection (b) of | ||||||
10 | this Section, if the officer-involved death being investigated | ||||||
11 | involves a motor vehicle crash accident , at least one | ||||||
12 | investigator shall be certified by the Illinois Law Enforcement | ||||||
13 | Training Standards Board as a Crash Reconstruction Specialist, | ||||||
14 | or similar training approved by the Illinois Law Enforcement | ||||||
15 | Training Standards Board or the Department of State Police, or | ||||||
16 | similar training provided at an Illinois Law Enforcement | ||||||
17 | Training Standards Board certified school. Notwithstanding the | ||||||
18 | requirements of subsection (b) of this Section, the policy for | ||||||
19 | a law enforcement agency, when the officer-involved death being | ||||||
20 | investigated involves a motor vehicle collision, may allow the | ||||||
21 | use of an investigator who is employed by that law enforcement | ||||||
22 | agency and who is certified by the Illinois Law Enforcement | ||||||
23 | Training Standards Board as a Crash Reconstruction Specialist, | ||||||
24 | or similar training approved by the Illinois Law Enforcement | ||||||
25 | Training and Standards Board, or similar certified training | ||||||
26 | approved by the Department of State Police, or similar training |
| |||||||
| |||||||
1 | provided at an Illinois Law Enforcement Training and Standards | ||||||
2 | Board certified school. | ||||||
3 | (d) The investigators conducting the investigation shall, | ||||||
4 | in an expeditious manner, provide a complete report to the | ||||||
5 | State's Attorney of the county in which the officer-involved | ||||||
6 | death occurred. | ||||||
7 | (e) If the State's Attorney, or a designated special | ||||||
8 | prosecutor, determines there is no basis to prosecute the law | ||||||
9 | enforcement officer involved in the officer-involved death, or | ||||||
10 | if the law enforcement officer is not otherwise charged or | ||||||
11 | indicted, the investigators shall publicly release a report.
| ||||||
12 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
13 | Section 45. The Counties Code is amended by changing | ||||||
14 | Section 5-1182 as follows:
| ||||||
15 | (55 ILCS 5/5-1182) | ||||||
16 | Sec. 5-1182. Charitable organizations; solicitation. | ||||||
17 | (a) No county may prohibit a charitable organization, as | ||||||
18 | defined in Section 2 of the Charitable Games Act, from | ||||||
19 | soliciting for charitable purposes, including solicitations | ||||||
20 | taking place on public roadways from passing motorists, if all | ||||||
21 | of the following requirements are met. | ||||||
22 | (1) The persons to be engaged in the solicitation are | ||||||
23 | law enforcement personnel, firefighters, or other persons | ||||||
24 | employed to protect the public safety of a local agency, |
| |||||||
| |||||||
1 | and those persons are soliciting solely in an area that is | ||||||
2 | within the service area of that local agency. | ||||||
3 | (2) The charitable organization files an application | ||||||
4 | with the county having jurisdiction over the location or | ||||||
5 | locations where the solicitation is to occur. The | ||||||
6 | applications shall be filed not later than 10 business days | ||||||
7 | before the date that the solicitation is to begin and shall | ||||||
8 | include all of the following: | ||||||
9 | (A) The date or dates and times of day when the | ||||||
10 | solicitation is to occur. | ||||||
11 | (B) The location or locations where the | ||||||
12 | solicitation is to occur along with a list of 3 | ||||||
13 | alternate locations listed in order of preference. | ||||||
14 | (C) The manner and conditions under which the | ||||||
15 | solicitation is to occur. | ||||||
16 | (D) Proof of a valid liability insurance policy in | ||||||
17 | the amount of at least $1,000,000 insuring the charity | ||||||
18 | or local agency against bodily injury and property | ||||||
19 | damage arising out of or in connection with the | ||||||
20 | solicitation. | ||||||
21 | The county shall approve the application within 5 business | ||||||
22 | days after the filing date of the application, but may impose | ||||||
23 | reasonable conditions in writing that are consistent with the | ||||||
24 | intent of this Section and are based on articulated public | ||||||
25 | safety concerns. If the county determines that the applicant's | ||||||
26 | location cannot be permitted due to significant safety |
| |||||||
| |||||||
1 | concerns, such as high traffic volumes, poor geometrics, | ||||||
2 | construction, maintenance operations, or past crash accident | ||||||
3 | history, then the county may deny the application for that | ||||||
4 | location and must approve one of the 3 alternate locations | ||||||
5 | following the order of preference submitted by the applicant on | ||||||
6 | the alternate location list. By acting under this Section, a | ||||||
7 | local agency does not waive or limit any immunity from | ||||||
8 | liability provided by any other provision of law. | ||||||
9 | (b) For purposes of this Section, "local agency" means a | ||||||
10 | county, special district, fire district, joint powers of | ||||||
11 | authority, or other political subdivision of the State of | ||||||
12 | Illinois. | ||||||
13 | (c) A home rule unit may not regulate a charitable | ||||||
14 | organization in a manner that is inconsistent with this | ||||||
15 | Section. This Section is a limitation under subsection (i) of | ||||||
16 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
17 | concurrent exercise by home rule units of powers and functions | ||||||
18 | exercised by the State.
| ||||||
19 | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
| ||||||
20 | Section 50. The Illinois Municipal Code is amended by | ||||||
21 | changing Section 11-80-9 as follows:
| ||||||
22 | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
| ||||||
23 | Sec. 11-80-9.
The corporate authorities of each | ||||||
24 | municipality may prevent
and regulate all amusements and |
| |||||||
| |||||||
1 | activities having a tendency to annoy or
endanger persons or | ||||||
2 | property on the sidewalks, streets, and other municipal
| ||||||
3 | property. However, no municipality may prohibit a charitable | ||||||
4 | organization, as defined in Section 2 of the Charitable Games | ||||||
5 | Act, from soliciting for charitable purposes, including | ||||||
6 | solicitations taking place on public roadways from passing | ||||||
7 | motorists, if all of the following requirements are met.
| ||||||
8 | (1) The persons to be engaged in the solicitation are | ||||||
9 | law enforcement personnel, firefighters, or other persons | ||||||
10 | employed to protect the public safety of a local agency, | ||||||
11 | and that are soliciting solely in an area that is within | ||||||
12 | the service area of that local agency. | ||||||
13 | (2) The charitable organization files an application | ||||||
14 | with the municipality having jurisdiction over the | ||||||
15 | location or locations where the solicitation is to occur. | ||||||
16 | The application shall be filed not later than 10 business | ||||||
17 | days before the date that the solicitation is to begin and | ||||||
18 | shall include all of the following: | ||||||
19 | (A) The date or dates and times of day when the | ||||||
20 | solicitation is to occur. | ||||||
21 | (B) The location or locations where the | ||||||
22 | solicitation is to occur along with a list of 3 | ||||||
23 | alternate locations listed in order of preference. | ||||||
24 | (C) The manner and conditions under which the | ||||||
25 | solicitation is to occur. | ||||||
26 | (D) Proof of a valid liability insurance policy in |
| |||||||
| |||||||
1 | the amount of at least $1,000,000 insuring the charity | ||||||
2 | or local agency against bodily injury and property | ||||||
3 | damage arising out of or in connection with the | ||||||
4 | solicitation. | ||||||
5 | The municipality shall approve the application within 5 | ||||||
6 | business days after the filing date of the application, but may | ||||||
7 | impose reasonable conditions in writing that are consistent | ||||||
8 | with the intent of this Section and are based on articulated | ||||||
9 | public safety concerns. If the municipality determines that the | ||||||
10 | applicant's location cannot be permitted due to significant | ||||||
11 | safety concerns, such as high traffic volumes, poor geometrics, | ||||||
12 | construction, maintenance operations, or past crash accident | ||||||
13 | history, then the municipality may deny the application for | ||||||
14 | that location and must approve one of the 3 alternate locations | ||||||
15 | following the order of preference submitted by the applicant on | ||||||
16 | the alternate location list. By acting under this Section, a | ||||||
17 | local agency does not waive or limit any immunity from | ||||||
18 | liability provided by any other provision of law. | ||||||
19 | For purposes of this Section, "local agency" means a | ||||||
20 | municipality, special district, fire district, joint powers of | ||||||
21 | authority, or other political subdivision of the State of | ||||||
22 | Illinois. | ||||||
23 | A home rule unit may not regulate a charitable organization | ||||||
24 | in a manner that is inconsistent with this Section. This | ||||||
25 | Section is a limitation under subsection (i) of Section 6 of | ||||||
26 | Article VII of the Illinois Constitution on the concurrent |
| |||||||
| |||||||
1 | exercise by home rule units of powers and functions exercised | ||||||
2 | by the State. | ||||||
3 | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; | ||||||
4 | 98-756, eff. 7-16-14.)
| ||||||
5 | Section 55. The Illinois Insurance Code is amended by | ||||||
6 | changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b, | ||||||
7 | 143.29, 143.32, 143a, and 143a-2 as follows:
| ||||||
8 | (215 ILCS 5/143.01) (from Ch. 73, par. 755.01)
| ||||||
9 | Sec. 143.01.
(a) A provision in a policy of vehicle | ||||||
10 | insurance described in Section 4
excluding coverage for bodily | ||||||
11 | injury to members of the family of the
insured shall not be | ||||||
12 | applicable when a third party acquires a right
of contribution | ||||||
13 | against a member of the injured person's family.
| ||||||
14 | (b) A provision in a policy of vehicle insurance excluding | ||||||
15 | coverage for
bodily injury to members of the family of the | ||||||
16 | insured shall not be applicable
when any person not in the | ||||||
17 | household of the insured was driving the vehicle
of the insured | ||||||
18 | involved in the crash accident which is the subject of the | ||||||
19 | claim or lawsuit.
| ||||||
20 | This subsection (b) applies to any action filed on or after | ||||||
21 | its effective date.
| ||||||
22 | (Source: P.A. 83-1132.)
| ||||||
23 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
|
| |||||||
| |||||||
1 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
2 | grounds. After a policy of automobile insurance as defined in | ||||||
3 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
4 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
5 | option to cancel such policy
except for one or more of the | ||||||
6 | following reasons:
| ||||||
7 | a. Nonpayment of premium;
| ||||||
8 | b. The policy was obtained through a material | ||||||
9 | misrepresentation;
| ||||||
10 | c. Any insured violated any of the terms and conditions | ||||||
11 | of the
policy;
| ||||||
12 | d. The named insured failed to disclose fully his motor | ||||||
13 | vehicle
crashes accidents and moving traffic violations | ||||||
14 | for the preceding 36 months if
called for in the | ||||||
15 | application;
| ||||||
16 | e. Any insured made a false or fraudulent claim or | ||||||
17 | knowingly aided
or abetted another in the presentation of | ||||||
18 | such a claim;
| ||||||
19 | f. The named insured or any other operator who either | ||||||
20 | resides in the
same household or customarily operates an | ||||||
21 | automobile insured under such
policy:
| ||||||
22 | 1. has, within the 12 months prior to the notice of
| ||||||
23 | cancellation, had his driver's license under | ||||||
24 | suspension or revocation;
| ||||||
25 | 2. is or becomes subject to epilepsy or heart | ||||||
26 | attacks, and such
individual does not produce a |
| |||||||
| |||||||
1 | certificate from a physician testifying to
his | ||||||
2 | unqualified ability to operate a motor vehicle safely;
| ||||||
3 | 3. has a crash an accident record, conviction | ||||||
4 | record (criminal or traffic),
physical, or mental | ||||||
5 | condition which is such that his operation of an
| ||||||
6 | automobile might endanger the public safety;
| ||||||
7 | 4. has, within the 36 months prior to the notice of | ||||||
8 | cancellation,
been addicted to the use of narcotics or | ||||||
9 | other drugs; or
| ||||||
10 | 5. has been convicted, or forfeited bail, during | ||||||
11 | the 36 months
immediately preceding the notice of | ||||||
12 | cancellation, for any felony,
criminal negligence | ||||||
13 | resulting in death, homicide or assault arising out
of | ||||||
14 | the operation of a motor vehicle, operating a motor | ||||||
15 | vehicle while in
an intoxicated condition or while | ||||||
16 | under the influence of drugs, being
intoxicated while | ||||||
17 | in, or about, an automobile or while having custody of
| ||||||
18 | an automobile, leaving the scene of a crash an accident | ||||||
19 | without stopping to
report, theft or unlawful taking of | ||||||
20 | a motor vehicle, making false
statements in an | ||||||
21 | application for an operator's or chauffeur's license | ||||||
22 | or
has been convicted or forfeited bail for 3 or more | ||||||
23 | violations within the
12 months immediately preceding | ||||||
24 | the notice of cancellation, of any law,
ordinance, or | ||||||
25 | regulation limiting the speed of motor vehicles or any | ||||||
26 | of
the provisions of the motor vehicle laws of any |
| |||||||
| |||||||
1 | state, violation of
which constitutes a misdemeanor, | ||||||
2 | whether or not the violations were
repetitions of the | ||||||
3 | same offense or different offenses;
| ||||||
4 | g. The insured automobile is:
| ||||||
5 | 1. so mechanically defective that its operation | ||||||
6 | might endanger
public safety;
| ||||||
7 | 2. used in carrying passengers for hire or | ||||||
8 | compensation (the use of
an automobile for a car pool | ||||||
9 | shall not be considered use of an automobile
for hire | ||||||
10 | or compensation);
| ||||||
11 | 3. used in the business of transportation of | ||||||
12 | flammables
or explosives;
| ||||||
13 | 4. an authorized emergency vehicle;
| ||||||
14 | 5. changed in shape or condition during the policy | ||||||
15 | period so as to
increase the risk substantially; or
| ||||||
16 | 6. subject to an inspection law and has not been | ||||||
17 | inspected or, if
inspected, has failed to qualify.
| ||||||
18 | Nothing in this Section shall apply to nonrenewal.
| ||||||
19 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
20 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
21 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
22 | After a
policy of automobile insurance, as defined in
Section | ||||||
23 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
24 | company shall not exercise its right of non-renewal unless:
| ||||||
25 | a. The policy was obtained through a material |
| |||||||
| |||||||
1 | misrepresentation; or
| ||||||
2 | b. Any insured violated any of the terms and conditions of | ||||||
3 | the
policy; or
| ||||||
4 | c. The named insured failed to disclose fully his motor | ||||||
5 | vehicle
crashes accidents and moving traffic violations for the | ||||||
6 | preceding 36 months, if
such information is called for in the | ||||||
7 | application; or
| ||||||
8 | d. Any insured made a false or fraudulent claim or | ||||||
9 | knowingly aided
or abetted another in the presentation of such | ||||||
10 | a claim; or
| ||||||
11 | e. The named insured or any other operator who either | ||||||
12 | resides in the
same household or customarily operates an | ||||||
13 | automobile insured under such
a policy:
| ||||||
14 | 1. Has, within the 12 months prior to the notice of | ||||||
15 | non-renewal had
his drivers license under suspension or | ||||||
16 | revocation; or
| ||||||
17 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
18 | and such
individual does not produce a certificate from a | ||||||
19 | physician testifying to
his unqualified ability to operate | ||||||
20 | a motor vehicle safely; or
| ||||||
21 | 3. Has a crash an accident record, conviction record | ||||||
22 | (criminal or traffic),
or a physical or mental condition | ||||||
23 | which is such that his operation of an
automobile might | ||||||
24 | endanger the public safety; or
| ||||||
25 | 4. Has, within the 36 months prior to the notice of | ||||||
26 | non-renewal,
been addicted to the use of narcotics or other |
| |||||||
| |||||||
1 | drugs; or
| ||||||
2 | 5. Has been convicted or forfeited bail, during the 36 | ||||||
3 | months
immediately preceding the notice of non-renewal, | ||||||
4 | for any felony,
criminal negligence resulting in death, | ||||||
5 | homicide or assault arising out
of the operation of a motor | ||||||
6 | vehicle, operating a motor vehicle while in
an intoxicated | ||||||
7 | condition or while under the influence of drugs, being
| ||||||
8 | intoxicated while in or about an automobile or while having | ||||||
9 | custody of
an automobile, leaving the scene of a crash an | ||||||
10 | accident without stopping to
report, theft or unlawful | ||||||
11 | taking of a motor vehicle, making false
statements in an | ||||||
12 | application for an operators or chauffeurs license, or
has | ||||||
13 | been convicted or forfeited bail for 3 or more violations | ||||||
14 | within the
12 months immediately preceding the notice of | ||||||
15 | non-renewal, of any law,
ordinance or regulation limiting | ||||||
16 | the speed of motor vehicles or any
of the provisions of the | ||||||
17 | motor vehicle laws of any state, violation of
which | ||||||
18 | constitutes a misdemeanor, whether or not the violations | ||||||
19 | were
repetitions of the same offense or different offenses; | ||||||
20 | or
| ||||||
21 | f. The insured automobile is:
| ||||||
22 | 1. So mechanically defective that its operation might | ||||||
23 | endanger
public safety; or
| ||||||
24 | 2. Used in carrying passengers for hire or compensation | ||||||
25 | (the use of
an automobile for a car pool shall not be | ||||||
26 | considered use of an
automobile for hire or compensation); |
| |||||||
| |||||||
1 | or
| ||||||
2 | 3. Used in the business of transportation of flammables | ||||||
3 | or
explosives; or
| ||||||
4 | 4. An authorized emergency vehicle; or
| ||||||
5 | 5. Changed in shape or condition during the policy | ||||||
6 | period so as to
increase the risk substantially; or
| ||||||
7 | 6. Subject to an inspection law and it has not been | ||||||
8 | inspected or, if
inspected, has failed to qualify; or
| ||||||
9 | g. The notice of the intention
not to renew is mailed to | ||||||
10 | the insured at least 60 days before the date of
nonrenewal as | ||||||
11 | provided in Section 143.17.
| ||||||
12 | (Source: P.A. 89-669, eff. 1-1-97.)
| ||||||
13 | (215 ILCS 5/143.19.3) | ||||||
14 | Sec. 143.19.3. Prohibition of rate increase for persons | ||||||
15 | involved in emergency use of vehicles. | ||||||
16 | (a) No insurer authorized to transact or transacting | ||||||
17 | business in this State, or controlling or controlled by or | ||||||
18 | under common control by or with an insurer authorized to | ||||||
19 | transact or transacting business in this State, that sells a | ||||||
20 | personal policy of automobile insurance in this State shall | ||||||
21 | increase the policy premium, cancel the policy, or refuse to | ||||||
22 | renew the policy solely because the insured or any other person | ||||||
23 | who customarily operates an automobile covered by the policy | ||||||
24 | has been involved in a crash had an accident while operating an | ||||||
25 | automobile in response to an emergency when the insured was |
| |||||||
| |||||||
1 | responding to a call to duty as a volunteer EMS provider, as | ||||||
2 | defined in Section 1-220 of the Illinois Vehicle Code. | ||||||
3 | (b) The provisions of subsection (a) also apply to all | ||||||
4 | personal umbrella policies.
| ||||||
5 | (Source: P.A. 100-657, eff. 8-1-18.)
| ||||||
6 | (215 ILCS 5/143.24b) (from Ch. 73, par. 755.24b)
| ||||||
7 | Sec. 143.24b.
Any insurer insuring any person or
entity | ||||||
8 | against damages
arising out of a vehicular crash accident shall | ||||||
9 | disclose the dollar amount of
liability coverage under the | ||||||
10 | insured's personal private passenger
automobile liability | ||||||
11 | insurance policy upon receipt of the
following: (a) a certified | ||||||
12 | letter from a claimant or any attorney
purporting to represent | ||||||
13 | any claimant which requests such disclosure and
(b) a brief | ||||||
14 | description of the nature and extent of the injuries,
| ||||||
15 | accompanied by a statement of the amount of medical bills | ||||||
16 | incurred to date
and copies of medical records. The disclosure | ||||||
17 | shall be confidential and available
only to the claimant, his | ||||||
18 | attorney and personnel
in the office of the attorney entitled | ||||||
19 | to access to the claimant's files.
The insurer shall forward | ||||||
20 | the information to the party requesting it by
certified mail, | ||||||
21 | return receipt requested, within 30 days of receipt of the | ||||||
22 | request.
| ||||||
23 | (Source: P.A. 85-1209.)
| ||||||
24 | (215 ILCS 5/143.29) (from Ch. 73, par. 755.29)
|
| |||||||
| |||||||
1 | Sec. 143.29.
(a) The rates and premium charges for every | ||||||
2 | policy of automobile
liability insurance shall include | ||||||
3 | appropriate reductions as determined
by the insurer for any | ||||||
4 | insured
over age 55 upon successful completion of the National | ||||||
5 | Safety Council's
Defensive Driving Course or a motor vehicle | ||||||
6 | crash accident prevention course which
is found by the | ||||||
7 | Secretary of State to meet or exceed the standards of the
| ||||||
8 | National Safety Council's Defensive Driving Course's 8 hour | ||||||
9 | classroom safety
instruction program.
| ||||||
10 | (b) The premium reduction shall remain in effect for the | ||||||
11 | qualifying insured
for a period of 3 years from the date of | ||||||
12 | successful completion of the crash accident
prevention course, | ||||||
13 | except that the insurer may elect to apply the premium
| ||||||
14 | reduction beginning either with the last effective date of the | ||||||
15 | policy or
the next renewal date of the policy if the reduction | ||||||
16 | will result in a savings
as though applied over a full 3 year | ||||||
17 | period. An insured who has completed
the course of instruction | ||||||
18 | prior to July 1, 1982 shall receive the insurance
premium | ||||||
19 | reduction
for only the period remaining within the 3 years from | ||||||
20 | course completion.
The period of premium reduction for an | ||||||
21 | insured who has repeated the crash accident
prevention course | ||||||
22 | shall be based upon the last such course the insured has
| ||||||
23 | successfully completed.
| ||||||
24 | (c) Any crash accident prevention course approved by the | ||||||
25 | Secretary of State
under this Section shall be taught by an | ||||||
26 | instructor approved by the Secretary
of State, shall consist of |
| |||||||
| |||||||
1 | at least 8 hours of classroom instruction and
shall provide for | ||||||
2 | a certificate of completion. Records of certification
of course | ||||||
3 | completion shall be maintained in a manner acceptable to the | ||||||
4 | Secretary
of State.
| ||||||
5 | (d) Any person claiming eligibility for a rate or premium | ||||||
6 | reduction shall
be responsible for providing to his insurance | ||||||
7 | company the information necessary
to determine eligibility.
| ||||||
8 | (e) This Section shall not apply to:
| ||||||
9 | (1) any motor vehicle which is a part of a fleet or is used | ||||||
10 | for commercial
purposes unless there is a regularly assigned | ||||||
11 | principal operator.
| ||||||
12 | (2) any motor vehicle subject to a higher premium rate | ||||||
13 | because of the
insured's previous motor vehicle claim | ||||||
14 | experience or to any motor vehicle
whose principal operator has | ||||||
15 | been convicted of violating any of the
motor vehicle laws of | ||||||
16 | this State, until that operator
shall have maintained a driving | ||||||
17 | record free of
crashes accidents and moving violations for
a | ||||||
18 | continuous one year period,
in which case such driver shall be | ||||||
19 | eligible for a reduction the remaining
2 years of the 3 year | ||||||
20 | period.
| ||||||
21 | (3) any motor vehicle whose principal operator has had his | ||||||
22 | drivers license
revoked or suspended for any reason by the | ||||||
23 | Secretary of State within the
previous 36 months.
| ||||||
24 | (4) any policy of group automobile insurance under which | ||||||
25 | premiums are
broadly averaged for the group rather than | ||||||
26 | determined individually.
|
| |||||||
| |||||||
1 | (Source: P.A. 82-920.)
| ||||||
2 | (215 ILCS 5/143.32)
| ||||||
3 | Sec. 143.32. Replacement of child restraint systems. A | ||||||
4 | policy of
automobile
insurance, as defined in Section 143.13, | ||||||
5 | that is amended, delivered, issued, or
renewed
after the | ||||||
6 | effective date of this amendatory Act of the 91st General | ||||||
7 | Assembly
must include
coverage for replacement of a child | ||||||
8 | restraint system that was in use by a child
during a crash an
| ||||||
9 | accident to which coverage is applicable. As used in this | ||||||
10 | Section, "child
restraint system"
has the meaning given that | ||||||
11 | term in the Child Passenger Restraint Act.
| ||||||
12 | (Source: P.A. 91-749, eff. 6-2-00.)
| ||||||
13 | (215 ILCS 5/143a) (from Ch. 73, par. 755a)
| ||||||
14 | Sec. 143a. Uninsured and hit and run motor vehicle | ||||||
15 | coverage.
| ||||||
16 | (1) No policy insuring against
loss resulting from | ||||||
17 | liability imposed by law for bodily injury or death
suffered by | ||||||
18 | any person arising out of the ownership, maintenance or use
of | ||||||
19 | a motor vehicle that is designed for use on public highways and | ||||||
20 | that
is either required to be registered in this State or is | ||||||
21 | principally garaged
in this State shall be renewed, delivered, | ||||||
22 | or issued for delivery
in this State unless coverage is | ||||||
23 | provided therein or
supplemental thereto, in limits for bodily | ||||||
24 | injury or death set forth in
Section 7-203 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code for the
protection of persons insured thereunder | ||||||
2 | who are legally entitled to
recover damages from owners or | ||||||
3 | operators of uninsured motor vehicles and
hit-and-run motor | ||||||
4 | vehicles because of bodily injury, sickness or
disease, | ||||||
5 | including death, resulting therefrom. Uninsured motor vehicle
| ||||||
6 | coverage does not apply to bodily injury, sickness, disease, or | ||||||
7 | death resulting
therefrom, of an insured while occupying a | ||||||
8 | motor vehicle owned by, or furnished
or available for the | ||||||
9 | regular use of the insured, a resident spouse or resident
| ||||||
10 | relative, if that motor vehicle is not described in the policy | ||||||
11 | under which a
claim is made or is not a newly acquired or | ||||||
12 | replacement motor vehicle covered
under the terms of the | ||||||
13 | policy. The limits for any coverage for any vehicle
under the | ||||||
14 | policy may not be aggregated with the limits for any similar
| ||||||
15 | coverage, whether provided by the same insurer or another | ||||||
16 | insurer, applying to
other motor vehicles, for purposes of | ||||||
17 | determining the total limit of insurance
coverage available for | ||||||
18 | bodily injury or death suffered by a person in any one
crash | ||||||
19 | accident . No
policy shall be renewed, delivered, or issued for | ||||||
20 | delivery in this
State unless it is provided therein that any | ||||||
21 | dispute
with respect to the coverage and the amount of damages | ||||||
22 | shall be submitted
for arbitration to the
American Arbitration | ||||||
23 | Association and be subject to its rules for the conduct
of | ||||||
24 | arbitration hearings
as to all matters except medical opinions. | ||||||
25 | As to medical opinions, if the
amount of damages being sought | ||||||
26 | is equal to or less than the amount provided for
in Section |
| |||||||
| |||||||
1 | 7-203 of the Illinois Vehicle Code, then the current American
| ||||||
2 | Arbitration Association Rules shall apply. If the amount being | ||||||
3 | sought in an
American Arbitration Association case exceeds that | ||||||
4 | amount as set forth in
Section 7-203 of the Illinois Vehicle | ||||||
5 | Code, then the Rules of Evidence that
apply in the circuit | ||||||
6 | court for placing medical opinions into evidence shall
govern. | ||||||
7 | Alternatively, disputes with respect to damages and the | ||||||
8 | coverage shall
be
determined in the
following
manner: Upon the | ||||||
9 | insured requesting arbitration, each party to the
dispute shall | ||||||
10 | select an arbitrator and the 2 arbitrators so named
shall | ||||||
11 | select a third arbitrator. If such arbitrators are not selected
| ||||||
12 | within 45 days from such request, either party may request that | ||||||
13 | the
arbitration be submitted to the American Arbitration | ||||||
14 | Association.
Any decision made by the arbitrators shall be | ||||||
15 | binding for the amount of
damages not exceeding $75,000 for | ||||||
16 | bodily injury to or
death of any one person, $150,000 for | ||||||
17 | bodily injury to or death of 2 or more
persons in any one motor | ||||||
18 | vehicle crash accident ,
or the corresponding policy limits for | ||||||
19 | bodily injury or death, whichever is
less.
All 3-person | ||||||
20 | arbitration cases proceeding in accordance with any uninsured
| ||||||
21 | motorist
coverage conducted in this State in
which the claimant | ||||||
22 | is only seeking monetary damages up to the limits
set forth in | ||||||
23 | Section 7-203 of the Illinois Vehicle Code
shall be subject to | ||||||
24 | the following rules:
| ||||||
25 | (A) If at least 60 days' written
notice of the | ||||||
26 | intention to offer the following documents in evidence is |
| |||||||
| |||||||
1 | given
to every other party, accompanied by a copy of the | ||||||
2 | document, a party may offer
in evidence, without foundation | ||||||
3 | or other proof:
| ||||||
4 | (1) bills, records, and reports of hospitals, | ||||||
5 | doctors, dentists,
registered nurses, licensed | ||||||
6 | practical nurses, physical therapists, and other
| ||||||
7 | healthcare providers;
| ||||||
8 | (2) bills for drugs, medical appliances, and | ||||||
9 | prostheses;
| ||||||
10 | (3) property repair bills or estimates, when | ||||||
11 | identified and itemized
setting forth the charges for | ||||||
12 | labor and material used or proposed for use in
the | ||||||
13 | repair of the property;
| ||||||
14 | (4) a report of the rate of earnings and time lost | ||||||
15 | from work or lost
compensation prepared by an employer;
| ||||||
16 | (5) the written opinion of an opinion witness, the | ||||||
17 | deposition of a
witness, and the statement of a witness | ||||||
18 | that the witness would be allowed to
express if | ||||||
19 | testifying in person, if the opinion or statement is | ||||||
20 | made by
affidavit or by
certification as provided in | ||||||
21 | Section 1-109 of the Code of Civil Procedure;
| ||||||
22 | (6) any other document not specifically covered by | ||||||
23 | any of the foregoing
provisions that is otherwise | ||||||
24 | admissible under the rules of evidence.
| ||||||
25 | Any party receiving a notice under this paragraph (A) | ||||||
26 | may apply to the
arbitrator or panel of arbitrators, as the |
| |||||||
| |||||||
1 | case may be, for the issuance of a
subpoena directed to the | ||||||
2 | author or maker or custodian of the document that is
the | ||||||
3 | subject of the notice, requiring the person subpoenaed to | ||||||
4 | produce copies of
any additional documents as may be | ||||||
5 | related to the subject matter of the
document that is the | ||||||
6 | subject of the notice. Any such subpoena shall be issued
in | ||||||
7 | substantially similar form and served by notice as provided | ||||||
8 | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | ||||||
9 | shall be returnable not
less than 5 days before the | ||||||
10 | arbitration hearing.
| ||||||
11 | (B) Notwithstanding the provisions of Supreme Court | ||||||
12 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
13 | of an expert or opinion witness or the
testimony of
an | ||||||
14 | expert or opinion witness at the hearing may do so provided | ||||||
15 | a written notice
of that
intention is given to every other | ||||||
16 | party not less than 60 days prior to the date
of hearing, | ||||||
17 | accompanied by a statement containing the identity of the
| ||||||
18 | witness, his or her qualifications, the subject matter, the | ||||||
19 | basis of the
witness's conclusions,
and his or her opinion.
| ||||||
20 | (C) Any other party may subpoena the author or maker of | ||||||
21 | a document
admissible under this subsection, at that | ||||||
22 | party's expense, and examine the
author
or maker as if | ||||||
23 | under cross-examination. The provisions of Section 2-1101 | ||||||
24 | of
the
Code of Civil Procedure shall be applicable to | ||||||
25 | arbitration hearings, and it
shall be the duty of a party | ||||||
26 | requesting the subpoena to modify the form to show
that the |
| |||||||
| |||||||
1 | appearance is set before an arbitration panel and to give | ||||||
2 | the time and
place set for the hearing.
| ||||||
3 | (D) The provisions of Section 2-1102 of the Code of | ||||||
4 | Civil Procedure shall
be
applicable to arbitration | ||||||
5 | hearings under this subsection.
| ||||||
6 | (2) No policy insuring
against loss resulting from | ||||||
7 | liability imposed by law for property damage
arising out of the | ||||||
8 | ownership, maintenance, or use of a motor vehicle shall
be | ||||||
9 | renewed, delivered, or issued for delivery in this State with | ||||||
10 | respect
to any private passenger or recreational motor vehicle | ||||||
11 | that is
designed for use on public highways and that is either | ||||||
12 | required to be
registered in this State or is principally | ||||||
13 | garaged in this State and
is not covered by collision insurance | ||||||
14 | under the provisions of such
policy, unless coverage is made | ||||||
15 | available in the amount of the actual
cash value of the motor | ||||||
16 | vehicle described in the policy or $15,000
whichever is less, | ||||||
17 | subject to a $250 deductible, for the protection of
persons | ||||||
18 | insured thereunder who are legally entitled to recover damages | ||||||
19 | from
owners or operators of uninsured motor vehicles and | ||||||
20 | hit-and-run motor
vehicles because of property damage to the | ||||||
21 | motor vehicle described in the
policy.
| ||||||
22 | There shall be no liability imposed under the uninsured | ||||||
23 | motorist
property damage coverage required by this subsection | ||||||
24 | if the owner or
operator of the at-fault uninsured motor | ||||||
25 | vehicle or hit-and-run motor
vehicle cannot be identified. This | ||||||
26 | subsection shall not apply to any
policy which does not provide |
| |||||||
| |||||||
1 | primary motor vehicle liability insurance for
liabilities | ||||||
2 | arising from the maintenance, operation, or use of a
| ||||||
3 | specifically insured motor vehicle.
| ||||||
4 | Each insurance company providing motor vehicle property | ||||||
5 | damage liability
insurance shall advise applicants of the | ||||||
6 | availability of uninsured motor
vehicle property damage | ||||||
7 | coverage, the premium therefor, and provide a brief
description | ||||||
8 | of the coverage. That information
need be given only once and | ||||||
9 | shall not be required in any subsequent renewal,
reinstatement | ||||||
10 | or reissuance, substitute, amended, replacement or
| ||||||
11 | supplementary policy. No written rejection shall be required, | ||||||
12 | and
the absence of a premium payment for uninsured motor | ||||||
13 | vehicle property damage
shall constitute conclusive proof that | ||||||
14 | the applicant or policyholder has
elected not to accept | ||||||
15 | uninsured motorist property damage coverage.
| ||||||
16 | An insurance company issuing uninsured motor vehicle
| ||||||
17 | property damage coverage may provide that:
| ||||||
18 | (i) Property damage losses recoverable thereunder | ||||||
19 | shall be limited to
damages caused by the actual physical | ||||||
20 | contact of an uninsured motor vehicle
with the insured | ||||||
21 | motor vehicle.
| ||||||
22 | (ii) There shall be no coverage for loss of use of the | ||||||
23 | insured motor
vehicle and no coverage for loss or damage to | ||||||
24 | personal property located in
the insured motor vehicle.
| ||||||
25 | (iii) Any claim submitted shall include the name and | ||||||
26 | address of the
owner of the at-fault uninsured motor |
| |||||||
| |||||||
1 | vehicle, or a registration number and
description of the | ||||||
2 | vehicle, or any other available information to
establish | ||||||
3 | that there is no applicable motor vehicle property damage | ||||||
4 | liability
insurance.
| ||||||
5 | Any dispute with respect to the coverage and the amount of
| ||||||
6 | damages shall be submitted for
arbitration to the American | ||||||
7 | Arbitration Association and be subject to its
rules for the | ||||||
8 | conduct of arbitration hearings or for determination in
the | ||||||
9 | following manner: Upon the insured requesting arbitration, | ||||||
10 | each party
to the dispute shall select an arbitrator and the 2 | ||||||
11 | arbitrators so named
shall select a third arbitrator. If such | ||||||
12 | arbitrators are not selected
within 45 days from such request, | ||||||
13 | either party may request that the
arbitration be submitted to | ||||||
14 | the American Arbitration Association.
Any arbitration | ||||||
15 | proceeding under this subsection seeking recovery for
property | ||||||
16 | damages shall be
subject to the following rules:
| ||||||
17 | (A) If at least 60 days' written
notice of the | ||||||
18 | intention to offer the following documents in evidence is | ||||||
19 | given
to every other party, accompanied by a copy of the | ||||||
20 | document, a party may offer
in evidence, without foundation | ||||||
21 | or other proof:
| ||||||
22 | (1) property repair bills or estimates, when | ||||||
23 | identified and itemized
setting forth the charges for | ||||||
24 | labor and material used or proposed for use in
the | ||||||
25 | repair of the property;
| ||||||
26 | (2) the written opinion of an opinion witness, the |
| |||||||
| |||||||
1 | deposition of a
witness, and the statement of a witness | ||||||
2 | that the witness would be allowed to
express if | ||||||
3 | testifying in person, if the opinion or statement is | ||||||
4 | made by
affidavit or by
certification as provided in | ||||||
5 | Section 1-109 of the Code of Civil Procedure;
| ||||||
6 | (3) any other document not specifically covered by | ||||||
7 | any of the foregoing
provisions that is otherwise | ||||||
8 | admissible under the rules of evidence.
| ||||||
9 | Any party receiving a notice under this paragraph (A) | ||||||
10 | may apply to the
arbitrator or panel of arbitrators, as the | ||||||
11 | case may be, for the issuance of a
subpoena directed to the | ||||||
12 | author or maker or custodian of the document that is
the | ||||||
13 | subject of the notice, requiring the person subpoenaed to | ||||||
14 | produce copies of
any additional documents as may be | ||||||
15 | related to the subject matter of the
document that is the | ||||||
16 | subject of the notice. Any such subpoena shall be issued
in | ||||||
17 | substantially similar form and served by notice as provided | ||||||
18 | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | ||||||
19 | shall be returnable not
less than 5 days before the | ||||||
20 | arbitration hearing.
| ||||||
21 | (B) Notwithstanding the provisions of Supreme Court | ||||||
22 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
23 | of an expert or opinion witness or the
testimony of
an | ||||||
24 | expert or opinion witness at the hearing may do so provided | ||||||
25 | a written notice
of that
intention is given to every other | ||||||
26 | party not less than 60 days prior to the date
of hearing, |
| |||||||
| |||||||
1 | accompanied by a statement containing the identity of the
| ||||||
2 | witness, his or her qualifications, the subject matter, the | ||||||
3 | basis of the
witness's conclusions,
and his or her opinion.
| ||||||
4 | (C) Any other party may subpoena the author or maker of | ||||||
5 | a document
admissible under this subsection, at that | ||||||
6 | party's expense, and examine the
author
or maker as if | ||||||
7 | under cross-examination. The provisions of Section 2-1101 | ||||||
8 | of
the
Code of Civil Procedure shall be applicable to | ||||||
9 | arbitration hearings, and it
shall be the duty of a party | ||||||
10 | requesting the subpoena to modify the form to show
that the | ||||||
11 | appearance is set before an arbitration panel and to give | ||||||
12 | the time and
place set for the hearing.
| ||||||
13 | (D) The provisions of Section 2-1102 of the Code of | ||||||
14 | Civil Procedure shall
be
applicable to arbitration | ||||||
15 | hearings under this subsection.
| ||||||
16 | (3) For the purpose of the coverage, the term "uninsured | ||||||
17 | motor
vehicle" includes, subject to the terms and conditions of | ||||||
18 | the coverage,
a motor vehicle where on, before , or after the | ||||||
19 | accident date of the crash the
liability insurer thereof is | ||||||
20 | unable to make payment with respect to the
legal liability of | ||||||
21 | its insured within the limits specified in the policy
because | ||||||
22 | of the entry by a court of competent jurisdiction of an order | ||||||
23 | of
rehabilitation or liquidation by reason of insolvency on or | ||||||
24 | after the
accident date of the crash . An insurer's extension of | ||||||
25 | coverage, as provided in this
subsection, shall be applicable | ||||||
26 | to all crashes accidents occurring after July
1, 1967 during a |
| |||||||
| |||||||
1 | policy period in which its insured's uninsured motor
vehicle | ||||||
2 | coverage is in effect. Nothing in this Section may be construed
| ||||||
3 | to prevent any insurer from extending coverage under terms and
| ||||||
4 | conditions more favorable to its insureds than is required by | ||||||
5 | this Section.
| ||||||
6 | (4) In the event of payment to any person under the | ||||||
7 | coverage
required by this Section and subject to the terms and | ||||||
8 | conditions of the
coverage, the insurer making the payment | ||||||
9 | shall, to the extent thereof,
be entitled to the proceeds of | ||||||
10 | any settlement or judgment resulting from
the exercise of any | ||||||
11 | rights of recovery of the person against any person
or | ||||||
12 | organization legally responsible for the property damage, | ||||||
13 | bodily
injury or death for which the payment is made, including | ||||||
14 | the proceeds
recoverable from the assets of the insolvent | ||||||
15 | insurer. With respect to
payments made by reason of the | ||||||
16 | coverage described in subsection (3), the
insurer making such | ||||||
17 | payment shall not be entitled to any right of recovery
against | ||||||
18 | the tortfeasor in excess of the proceeds recovered from the | ||||||
19 | assets
of the insolvent insurer of the tortfeasor.
| ||||||
20 | (5) This amendatory Act of 1967 (Laws of Illinois 1967, | ||||||
21 | page 875) shall not be construed to terminate
or reduce any | ||||||
22 | insurance coverage or any right of any party under this
Code in | ||||||
23 | effect before July 1, 1967. Public Act 86-1155 shall not
be | ||||||
24 | construed to terminate or reduce any insurance coverage or any | ||||||
25 | right of
any party under this Code in effect before its | ||||||
26 | effective date.
|
| |||||||
| |||||||
1 | (6) Failure of the motorist from whom the claimant is | ||||||
2 | legally
entitled to recover damages to file the appropriate | ||||||
3 | forms with the
Safety Responsibility Section of the Department | ||||||
4 | of Transportation within
120 days of the accident date of the | ||||||
5 | crash shall create a rebuttable presumption that
the motorist | ||||||
6 | was uninsured at the time of the injurious occurrence.
| ||||||
7 | (7) An insurance carrier may upon good cause require the
| ||||||
8 | insured to commence a legal action against the owner or | ||||||
9 | operator of an
uninsured motor vehicle before good faith | ||||||
10 | negotiation with the carrier. If
the action is commenced at the | ||||||
11 | request of the insurance carrier, the
carrier shall pay to the | ||||||
12 | insured, before the action is commenced, all court
costs, jury | ||||||
13 | fees and sheriff's fees arising from the action.
| ||||||
14 | The changes made by Public Act 90-451 apply to all policies | ||||||
15 | of
insurance amended, delivered, issued, or renewed on and | ||||||
16 | after January 1, 1998 (the effective
date of Public Act | ||||||
17 | 90-451).
| ||||||
18 | (8) The changes made by Public Act 98-927 apply to all | ||||||
19 | policies of
insurance amended, delivered, issued, or renewed on | ||||||
20 | and after January 1, 2015 (the effective
date of Public Act | ||||||
21 | 98-927). | ||||||
22 | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; 99-642, | ||||||
23 | eff. 7-28-16.)
| ||||||
24 | (215 ILCS 5/143a-2) (from Ch. 73, par. 755a-2)
| ||||||
25 | Sec. 143a-2. (1) Additional uninsured motor vehicle
|
| |||||||
| |||||||
1 | coverage. No policy insuring against loss resulting from | ||||||
2 | liability imposed
by law for bodily injury or death suffered by | ||||||
3 | any person arising out of the
ownership, maintenance or use of | ||||||
4 | a motor vehicle shall be renewed or
delivered or issued for | ||||||
5 | delivery in this State with respect to any motor
vehicle | ||||||
6 | designed for use on public highways and required to be | ||||||
7 | registered
in this State unless uninsured motorist coverage as | ||||||
8 | required in Section
143a of this Code is included in an amount | ||||||
9 | equal to the insured's bodily
injury liability limits unless | ||||||
10 | specifically rejected by the insured as provided in paragraph | ||||||
11 | (2) of this Section. Each
insurance company providing the | ||||||
12 | coverage must provide applicants with a
brief description of | ||||||
13 | the coverage and advise them of their right to reject
the | ||||||
14 | coverage in excess of the limits set forth in Section 7-203 of | ||||||
15 | the
Illinois Vehicle Code. The provisions of this amendatory | ||||||
16 | Act of 1990 apply
to policies of insurance applied for after | ||||||
17 | June 30, 1991.
| ||||||
18 | (2) Right of rejection of additional uninsured motorist
| ||||||
19 | coverage. Any named insured or applicant may reject additional | ||||||
20 | uninsured
motorist coverage in excess of the limits set forth | ||||||
21 | in Section 7-203
of the Illinois Vehicle Code by making a | ||||||
22 | written request for limits of uninsured motorist coverage which | ||||||
23 | are less than bodily injury liability limits or a written | ||||||
24 | rejection of limits in excess of those required by law. This | ||||||
25 | election or rejection shall be binding on all persons insured | ||||||
26 | under the policy. In those cases where the insured has elected
|
| |||||||
| |||||||
1 | to purchase limits of uninsured motorist coverage which are | ||||||
2 | less than
bodily injury liability limits or to reject limits in | ||||||
3 | excess of those
required by law, the insurer need not provide | ||||||
4 | in any renewal,
reinstatement, reissuance, substitute, | ||||||
5 | amended, replacement or
supplementary policy, coverage in | ||||||
6 | excess of that elected by the insured in
connection with a | ||||||
7 | policy previously issued to such insured by the same
insurer | ||||||
8 | unless the insured subsequently makes a written request for
| ||||||
9 | such coverage.
| ||||||
10 | (3) The original document indicating the applicant's | ||||||
11 | selection of
uninsured motorist coverage limits shall | ||||||
12 | constitute sufficient evidence of
the applicant's selection of | ||||||
13 | uninsured motorist coverage limits. For purposes of this
| ||||||
14 | Section any reproduction of the document by means of | ||||||
15 | photograph,
photostat, microfiche, computerized optical | ||||||
16 | imaging process, or other
similar process or means of | ||||||
17 | reproduction shall be deemed the equivalent of
the original | ||||||
18 | document.
| ||||||
19 | (4) For the purpose of this Code the term "underinsured | ||||||
20 | motor vehicle"
means a motor vehicle whose ownership, | ||||||
21 | maintenance or use has resulted in
bodily injury or death of | ||||||
22 | the insured, as defined in the policy, and for
which the sum of | ||||||
23 | the limits of liability under all bodily injury liability
| ||||||
24 | insurance policies or under bonds or other security required to | ||||||
25 | be
maintained under Illinois law applicable to the driver or to | ||||||
26 | the person or
organization legally responsible for such vehicle |
| |||||||
| |||||||
1 | and applicable to the
vehicle, is less than the limits for | ||||||
2 | underinsured coverage provided the
insured as defined in the | ||||||
3 | policy at the time of the crash accident . The limits
of | ||||||
4 | liability for an insurer providing underinsured motorist | ||||||
5 | coverage shall
be the limits of such coverage, less those | ||||||
6 | amounts actually recovered under
the applicable bodily injury | ||||||
7 | insurance policies, bonds or other security
maintained on the | ||||||
8 | underinsured motor vehicle.
| ||||||
9 | On or after July 1, 1983, no policy insuring against loss | ||||||
10 | resulting
from liability imposed by law for bodily injury or | ||||||
11 | death suffered by any
person arising out of the ownership, | ||||||
12 | maintenance or use of a motor vehicle
shall be renewed or | ||||||
13 | delivered or issued for delivery in this State with respect
to | ||||||
14 | any motor vehicle designed for use on public highways and | ||||||
15 | required to be
registered in this State unless underinsured | ||||||
16 | motorist coverage is included
in such policy in an amount equal | ||||||
17 | to the total amount of uninsured motorist
coverage provided in | ||||||
18 | that policy where such uninsured motorist coverage
exceeds the | ||||||
19 | limits set forth in Section 7-203 of the Illinois Vehicle Code.
| ||||||
20 | The changes made to this subsection (4) by this amendatory | ||||||
21 | Act of the 93rd General Assembly apply to policies issued or | ||||||
22 | renewed on or after December 1, 2004.
| ||||||
23 | (5) Scope. Nothing herein shall prohibit an insurer from | ||||||
24 | setting forth
policy terms and conditions which provide that if | ||||||
25 | the insured has coverage
available under this Section under | ||||||
26 | more than one policy or provision of
coverage, any recovery or |
| |||||||
| |||||||
1 | benefits may be equal to, but may not exceed,
the higher of the | ||||||
2 | applicable limits of the respective coverage, and the
limits of | ||||||
3 | liability under this Section shall not be increased because
of | ||||||
4 | multiple motor vehicles covered under the same policy of | ||||||
5 | insurance.
Insurers providing liability coverage on an excess | ||||||
6 | or umbrella basis are
neither required to provide, nor are they | ||||||
7 | prohibited from offering or
making available coverages | ||||||
8 | conforming to this Section on a supplemental
basis. | ||||||
9 | Notwithstanding the provisions of this Section, an insurer | ||||||
10 | shall
not be prohibited from solely providing a combination of | ||||||
11 | uninsured and
underinsured motorist coverages where the limits | ||||||
12 | of liability under each
coverage is in the same amount.
| ||||||
13 | (6) Subrogation against underinsured motorists. No insurer | ||||||
14 | shall exercise
any right of subrogation under a policy | ||||||
15 | providing additional uninsured motorist
coverage against an | ||||||
16 | underinsured motorist where the insurer has been provided
with | ||||||
17 | written notice in advance of a settlement between its insured | ||||||
18 | and the
underinsured motorist and the insurer fails to advance | ||||||
19 | a payment to
the insured, in an amount equal to the tentative | ||||||
20 | settlement, within 30 days
following receipt of such notice.
| ||||||
21 | (7) A policy which provides underinsured motor vehicle | ||||||
22 | coverage may
include a clause which denies payment until the | ||||||
23 | limits of liability or
portion thereof under
all bodily injury | ||||||
24 | liability insurance policies applicable to the
underinsured | ||||||
25 | motor vehicle and its operators have been partially or fully
| ||||||
26 | exhausted
by payment
of judgment or settlement. A judgment or |
| |||||||
| |||||||
1 | settlement of the bodily injury
claim in an amount less than | ||||||
2 | the limits of liability of the bodily injury
coverages | ||||||
3 | applicable to the claim shall not preclude the claimant from | ||||||
4 | making
an underinsured motorist claim against the underinsured | ||||||
5 | motorist coverage.
Any such provision in a policy of insurance
| ||||||
6 | shall be inapplicable if the insured, or the legal | ||||||
7 | representative of the
insured, and the insurer providing | ||||||
8 | underinsured motor vehicle coverage
agree that the insured has | ||||||
9 | suffered bodily injury or death as the result of
the negligent | ||||||
10 | operation, maintenance, or use of an underinsured motor
vehicle | ||||||
11 | and, without arbitration, agree also on the amount of damages | ||||||
12 | that
the insured is legally entitled to collect. The maximum | ||||||
13 | amount payable
pursuant to such an underinsured motor vehicle | ||||||
14 | insurance settlement
agreement shall not exceed the amount by | ||||||
15 | which the limits of the
underinsured motorist coverage exceed | ||||||
16 | the limits of the bodily injury
liability insurance of the | ||||||
17 | owner or operator of the underinsured motor
vehicle. Any such | ||||||
18 | agreement shall be final as to the amount due and shall
be | ||||||
19 | binding upon both the insured and the underinsured motorist | ||||||
20 | insurer
regardless of the amount of any judgment, or any | ||||||
21 | settlement reached between
any insured and the person or | ||||||
22 | persons responsible for the crash accident . No
such settlement | ||||||
23 | agreement shall be concluded unless: (i) the insured has
| ||||||
24 | complied with all other applicable policy terms and conditions; | ||||||
25 | and (ii)
before the conclusion of the settlement agreement, the | ||||||
26 | insured has filed
suit against the underinsured motor vehicle |
| |||||||
| |||||||
1 | owner or operator and has not
abandoned the suit, or settled | ||||||
2 | the suit without preserving the rights of
the insurer providing | ||||||
3 | underinsured motor vehicle coverage in the manner
described in | ||||||
4 | paragraph (6) of this Section.
| ||||||
5 | (Source: P.A. 93-762, eff. 7-16-04 .)
| ||||||
6 | Section 60. The Child Care Act of 1969 is amended by | ||||||
7 | changing Section 5.1 as follows:
| ||||||
8 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
| ||||||
9 | Sec. 5.1. (a) The Department shall ensure that no day care | ||||||
10 | center, group
home or child care institution as defined in this | ||||||
11 | Act shall on a regular
basis transport a child or children with | ||||||
12 | any motor vehicle unless such
vehicle is operated by a person | ||||||
13 | who complies with the following requirements:
| ||||||
14 | 1. is 21 years of age or older;
| ||||||
15 | 2. currently holds a valid driver's license, which has | ||||||
16 | not been revoked
or suspended for one or more traffic | ||||||
17 | violations during the 3 years
immediately prior to the date | ||||||
18 | of application;
| ||||||
19 | 3. demonstrates physical fitness to operate vehicles | ||||||
20 | by submitting the
results of a medical examination | ||||||
21 | conducted by a licensed physician;
| ||||||
22 | 4. has not been convicted of more than 2 offenses | ||||||
23 | against traffic
regulations governing the movement of | ||||||
24 | vehicles within a twelve month period;
|
| |||||||
| |||||||
1 | 5. has not been convicted of reckless driving or | ||||||
2 | driving under the
influence or manslaughter or reckless | ||||||
3 | homicide resulting from the
operation of a motor vehicle | ||||||
4 | within the past 3 years;
| ||||||
5 | 6. has signed and submitted a written statement | ||||||
6 | certifying that he has
not, through the unlawful operation | ||||||
7 | of a motor vehicle, caused a crash an accident
which | ||||||
8 | resulted in the death of any person within the 5 years | ||||||
9 | immediately
prior to the date of application.
| ||||||
10 | However, such day care centers, group homes and child care | ||||||
11 | institutions
may provide for transportation of a child or | ||||||
12 | children for special outings,
functions or purposes that are | ||||||
13 | not scheduled on a regular basis without
verification that | ||||||
14 | drivers for such purposes meet the requirements of this
| ||||||
15 | Section.
| ||||||
16 | (a-5) As a means of ensuring compliance with the | ||||||
17 | requirements set forth in subsection (a), the Department shall | ||||||
18 | implement appropriate measures to verify that every individual | ||||||
19 | who is employed at a group home or child care institution meets | ||||||
20 | those requirements. | ||||||
21 | For every individual employed at a group home or child care | ||||||
22 | institution who regularly transports children in the course of | ||||||
23 | performing his or her duties, the Department must make the | ||||||
24 | verification every 2 years. Upon the Department's request, the | ||||||
25 | Secretary of State shall provide the Department with the | ||||||
26 | information necessary to enable the Department to make the |
| |||||||
| |||||||
1 | verifications required under subsection (a). | ||||||
2 | In the case of an individual employed at a group home or | ||||||
3 | child care institution who becomes subject to subsection (a) | ||||||
4 | for the first time after the effective date of this amendatory | ||||||
5 | Act of the 94th General Assembly, the Department must make that | ||||||
6 | verification with the Secretary of State before the individual | ||||||
7 | operates a motor vehicle to transport a child or children under | ||||||
8 | the circumstances described in subsection (a). | ||||||
9 | In the case of an individual employed at a group home or | ||||||
10 | child care institution who is subject to subsection (a) on the | ||||||
11 | effective date of this amendatory Act of the 94th General | ||||||
12 | Assembly, the Department must make that verification with the | ||||||
13 | Secretary of State within 30 days after that effective date. | ||||||
14 | If the Department discovers that an individual fails to | ||||||
15 | meet the requirements set forth in subsection (a), the | ||||||
16 | Department shall promptly notify the appropriate group home or | ||||||
17 | child care institution.
| ||||||
18 | (b) Any individual who holds a valid Illinois school bus | ||||||
19 | driver permit
issued by the Secretary of State
pursuant to The | ||||||
20 | Illinois
Vehicle Code, and who is currently employed by a | ||||||
21 | school district or parochial
school, or by a contractor with a | ||||||
22 | school district or parochial school, to
drive a school bus | ||||||
23 | transporting children to and from school,
shall be deemed in | ||||||
24 | compliance with the requirements of subsection (a).
| ||||||
25 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
26 | revoke the
license of any day care center, group home or child |
| |||||||
| |||||||
1 | care institution that
fails to meet the requirements of this | ||||||
2 | Section.
| ||||||
3 | (d) A group home or child care institution that
fails to | ||||||
4 | meet the requirements of this Section is guilty of a petty | ||||||
5 | offense and is subject to a fine of not more than $1,000. Each | ||||||
6 | day that a group home or child care institution fails to meet | ||||||
7 | the requirements of this Section is a separate offense.
| ||||||
8 | (Source: P.A. 94-943, eff. 1-1-07.)
| ||||||
9 | Section 65. The Liquor Control Act of 1934 is amended by | ||||||
10 | changing Section 6-29.1 as follows:
| ||||||
11 | (235 ILCS 5/6-29.1)
| ||||||
12 | Sec. 6-29.1. Direct shipments of alcoholic liquor. | ||||||
13 | (a) The General Assembly makes the following findings: | ||||||
14 | (1) The General Assembly of Illinois, having reviewed
| ||||||
15 | this Act in light of the United
States Supreme Court's 2005 | ||||||
16 | decision in Granholm v. Heald,
has determined to conform | ||||||
17 | that law to the constitutional
principles enunciated by the | ||||||
18 | Court in a manner that best
preserves the temperance, | ||||||
19 | revenue, and orderly
distribution values of this Act. | ||||||
20 | (2) Minimizing automobile crashes accidents and | ||||||
21 | fatalities,
domestic violence, health problems, loss of | ||||||
22 | productivity,
unemployment, and other social problems | ||||||
23 | associated with
dependency and improvident use of | ||||||
24 | alcoholic beverages
remains the policy of Illinois. |
| |||||||
| |||||||
1 | (3) To the maximum extent constitutionally feasible,
| ||||||
2 | Illinois desires to collect sufficient revenue from excise
| ||||||
3 | and use taxes on alcoholic beverages for the purpose of
| ||||||
4 | responding to such social problems. | ||||||
5 | (4) Combined with family education and individual
| ||||||
6 | discipline, retail validation of age, and assessment of the
| ||||||
7 | capacity of the consumer remains the best pre-sale social
| ||||||
8 | protection against the problems associated with the abuse
| ||||||
9 | of alcoholic liquor. | ||||||
10 | (5) Therefore, the paramount purpose of this | ||||||
11 | amendatory Act is to
continue to carefully limit direct | ||||||
12 | shipment sales of wine produced by makers of wine
and to | ||||||
13 | continue to prohibit such direct shipment sales for
spirits | ||||||
14 | and beer. | ||||||
15 | For these reasons, the Commission shall establish
a system | ||||||
16 | to notify the out-of-state trade of this prohibition
and to | ||||||
17 | detect violations. The Commission shall request
the Attorney | ||||||
18 | General to extradite any offender.
| ||||||
19 | (b) Pursuant to the
Twenty-First Amendment of the United | ||||||
20 | States Constitution allowing states to
regulate the | ||||||
21 | distribution and sale of alcoholic liquor and pursuant to the
| ||||||
22 | federal Webb-Kenyon Act declaring that alcoholic liquor | ||||||
23 | shipped in interstate
commerce must comply with state laws, the | ||||||
24 | General Assembly hereby finds and
declares that selling | ||||||
25 | alcoholic liquor from a point outside this State
through | ||||||
26 | various direct marketing means, such as catalogs,
newspapers, |
| |||||||
| |||||||
1 | mailers, and the Internet,
directly to residents of this State | ||||||
2 | poses a serious threat
to the State's efforts to prevent youths | ||||||
3 | from accessing alcoholic liquor;
to State revenue collections; | ||||||
4 | and to the economy of this State.
| ||||||
5 | Any person manufacturing, distributing, or selling
| ||||||
6 | alcoholic liquor who knowingly ships or transports or causes | ||||||
7 | the shipping or
transportation of any alcoholic liquor from a | ||||||
8 | point outside this State to a
person in this State who does not | ||||||
9 | hold a manufacturer's, distributor's,
importing distributor's, | ||||||
10 | or non-resident dealer's license issued by the Liquor
Control | ||||||
11 | Commission, other than a shipment of sacramental wine to a bona | ||||||
12 | fide
religious organization, a shipment authorized by Section | ||||||
13 | 6-29, subparagraph (17) of Section 3-12, or any other
shipment | ||||||
14 | authorized by this Act, is in violation of this Act.
| ||||||
15 | The Commission, upon determining, after investigation, | ||||||
16 | that a person
has violated this Section, shall give notice to | ||||||
17 | the person by certified mail to
cease and desist all shipments | ||||||
18 | of
alcoholic liquor into this State and to withdraw from this | ||||||
19 | State within 5
working days after receipt of the notice all | ||||||
20 | shipments of alcoholic liquor then
in transit. A person who | ||||||
21 | violates the cease and desist notice is subject to the | ||||||
22 | applicable penalties in subsection (a) of Section 10-1 of this | ||||||
23 | Act.
| ||||||
24 | (Source: P.A. 99-904, eff. 1-1-17 .)
| ||||||
25 | Section 70. The Suicide Prevention, Education, and |
| |||||||
| |||||||
1 | Treatment Act is amended by changing Section 5 as follows:
| ||||||
2 | (410 ILCS 53/5)
| ||||||
3 | Sec. 5. Legislative findings.
The General Assembly makes | ||||||
4 | the following findings:
| ||||||
5 | (1) 1,474 Illinoisans lost their lives to suicide in | ||||||
6 | 2017. During 2016, suicide was the eleventh leading cause | ||||||
7 | of death in Illinois, causing more deaths than homicide, | ||||||
8 | motor vehicle crashes accidents , accidental falls, and | ||||||
9 | numerous prevalent diseases, including liver disease, | ||||||
10 | hypertension, influenza/pneumonia, Parkinson's disease, | ||||||
11 | and HIV. Suicide was the third leading cause of death of | ||||||
12 | ages 15 to 34 and the fourth leading cause of death of ages | ||||||
13 | 35 to 54. Those living outside of urban areas are | ||||||
14 | particularly at risk for suicide, with a rate that is 50% | ||||||
15 | higher than those living in urban areas. | ||||||
16 | (2) For every person who dies by suicide, more than 30 | ||||||
17 | others attempt suicide. | ||||||
18 | (3) Each suicide attempt and death impacts countless | ||||||
19 | other individuals. Family members, friends, co-workers, | ||||||
20 | and others in the community all suffer the long-lasting | ||||||
21 | consequences of suicidal behaviors. | ||||||
22 | (4) Suicide attempts and deaths by suicide have an | ||||||
23 | economic impact on Illinois. The National Center for Injury | ||||||
24 | Prevention and Control estimates that in 2010 each suicide | ||||||
25 | death in Illinois resulted in $1,181,549 in medical costs |
| |||||||
| |||||||
1 | and work loss costs. It also estimated that each | ||||||
2 | hospitalization for self-harm resulted in $31,019 in | ||||||
3 | medical costs and work loss costs and each emergency room | ||||||
4 | visit for self-harm resulted in $4,546 in medical costs and | ||||||
5 | work loss costs. | ||||||
6 | (5) In 2004, the Illinois General Assembly passed the | ||||||
7 | Suicide Prevention, Education, and Treatment Act (Public | ||||||
8 | Act 93-907), which required the Illinois Department of | ||||||
9 | Public Health to establish the Illinois Suicide Prevention | ||||||
10 | Strategic Planning Committee to develop the Illinois | ||||||
11 | Suicide Prevention Strategic Plan. That law required the | ||||||
12 | use of the 2002 United States Surgeon General's National | ||||||
13 | Suicide Prevention Strategy as a model for the Plan. Public | ||||||
14 | Act 95-109 changed the name of the committee to the | ||||||
15 | Illinois Suicide Prevention Alliance. The Illinois Suicide | ||||||
16 | Prevention Strategic Plan was submitted in 2007 and updated | ||||||
17 | in 2018. | ||||||
18 | (6) In 2004, there were 1,028 suicide deaths in | ||||||
19 | Illinois, which the Centers for Disease Control reports was | ||||||
20 | an age-adjusted rate of 8.11 deaths per 100,000. The | ||||||
21 | Centers for Disease Control reports that the 1,474 suicide | ||||||
22 | deaths in 2017 result in an age-adjusted rate of 11.19 | ||||||
23 | deaths per 100,000. Thus, since the enactment of Public Act | ||||||
24 | 93-907, the rate of suicides in Illinois has risen by 38%. | ||||||
25 | (7) Since the enactment of Public Act 93-907, there | ||||||
26 | have been numerous developments in suicide prevention, |
| |||||||
| |||||||
1 | including the issuance of the 2012 National Strategy for | ||||||
2 | Suicide Prevention by the United States Surgeon General and | ||||||
3 | the National Action Alliance for Suicide Prevention | ||||||
4 | containing new strategies and recommended activities for | ||||||
5 | local governmental bodies. | ||||||
6 | (8) Despite the obvious impact of suicide on Illinois | ||||||
7 | citizens, Illinois has devoted minimal resources to its | ||||||
8 | prevention. There is no full-time coordinator or director | ||||||
9 | of suicide prevention activities in the State. Moreover, | ||||||
10 | the Suicide Prevention Strategic Plan is still modeled on | ||||||
11 | the now obsolete 2002 National Suicide Prevention | ||||||
12 | Strategy. | ||||||
13 | (9) It is necessary to revise the Suicide Prevention | ||||||
14 | Strategic Plan to reflect the most current National Suicide | ||||||
15 | Prevention Strategy as well as current research and | ||||||
16 | experience into the prevention of suicide. | ||||||
17 | (10) One of the goals adopted in the 2012 National | ||||||
18 | Strategy for Suicide Prevention is to promote suicide | ||||||
19 | prevention as a core component of health care services so | ||||||
20 | there is an active engagement of health and social | ||||||
21 | services, as well as the coordination of care across | ||||||
22 | multiple settings, thereby ensuring continuity of care and | ||||||
23 | promoting patient safety. | ||||||
24 | (11) Integrating suicide prevention into behavioral | ||||||
25 | and physical health care services can save lives. National | ||||||
26 | data indicate that: over 30% of individuals are receiving |
| |||||||
| |||||||
1 | mental health care at the time of their deaths by suicide; | ||||||
2 | 45% have seen their primary care physicians within one | ||||||
3 | month of their deaths; and 25% of those who die of suicide | ||||||
4 | visited an emergency department in the year prior to their | ||||||
5 | deaths. | ||||||
6 | (12) The Zero Suicide model is a part of the National | ||||||
7 | Strategy for Suicide Prevention, a priority of the National | ||||||
8 | Action Alliance for Suicide Prevention, and a project of | ||||||
9 | the Suicide Prevention Resource Center that implements the | ||||||
10 | goal of making suicide prevention a core component of | ||||||
11 | health care services. | ||||||
12 | (13) The Zero Suicide model is built on the | ||||||
13 | foundational belief and aspirational goal that suicide | ||||||
14 | deaths of individuals who are under the care of our health | ||||||
15 | care systems are preventable with the adoption of | ||||||
16 | comprehensive training, patient engagement, transition, | ||||||
17 | and quality improvement. | ||||||
18 | (14) Health care systems, including mental and | ||||||
19 | behavioral health systems and hospitals, that have | ||||||
20 | implemented the Zero Suicide model have noted significant | ||||||
21 | reductions in suicide deaths for patients within their | ||||||
22 | care. | ||||||
23 | (15) The Suicide Prevention Resource Center | ||||||
24 | facilitates adoption of the Zero Suicide model by providing | ||||||
25 | comprehensive information, resources, and tools for its | ||||||
26 | implementation.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-331, eff. 8-9-19.)
| ||||||
2 | Section 75. The Compassionate Use of Medical Cannabis | ||||||
3 | Program Act is amended by changing Section 5 as follows:
| ||||||
4 | (410 ILCS 130/5)
| ||||||
5 | Sec. 5. Findings.
| ||||||
6 | (a) The recorded use of cannabis as a medicine goes back | ||||||
7 | nearly 5,000 years. Modern medical research has confirmed the | ||||||
8 | beneficial uses of cannabis in treating or alleviating the | ||||||
9 | pain, nausea, and other symptoms associated with a variety of | ||||||
10 | debilitating medical conditions, including cancer, multiple | ||||||
11 | sclerosis, and HIV/AIDS, as found by the National Academy of | ||||||
12 | Sciences' Institute of Medicine in March 1999.
| ||||||
13 | (b) Studies published since the 1999 Institute of Medicine | ||||||
14 | report continue to show the therapeutic value of cannabis in | ||||||
15 | treating a wide array of debilitating medical conditions. These | ||||||
16 | include relief of the neuropathic pain caused by multiple | ||||||
17 | sclerosis, HIV/AIDS, and other illnesses that often fail to | ||||||
18 | respond to conventional treatments and relief of nausea, | ||||||
19 | vomiting, and other side effects of drugs used to treat | ||||||
20 | HIV/AIDS and hepatitis C, increasing the chances of patients | ||||||
21 | continuing on life-saving treatment regimens.
| ||||||
22 | (c) Cannabis has many currently accepted medical uses in | ||||||
23 | the United States, having been recommended by thousands of | ||||||
24 | licensed physicians to at least 600,000 patients in states with |
| |||||||
| |||||||
1 | medical cannabis laws. The medical utility of cannabis is | ||||||
2 | recognized by a wide range of medical and public health | ||||||
3 | organizations, including the American Academy of HIV Medicine, | ||||||
4 | the American College of Physicians, the American Nurses | ||||||
5 | Association, the American Public Health Association, the | ||||||
6 | Leukemia & Lymphoma Society, and many others.
| ||||||
7 | (d) Data from the Federal Bureau of Investigation's Uniform | ||||||
8 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||
9 | show that approximately 99 out of every 100 cannabis arrests in | ||||||
10 | the U.S. are made under state law, rather than under federal | ||||||
11 | law. Consequently, changing State law will have the practical | ||||||
12 | effect of protecting from arrest the vast majority of seriously | ||||||
13 | ill patients who have a medical need to use cannabis.
| ||||||
14 | (d-5) In 2014, the Task Force on Veterans' Suicide was | ||||||
15 | created by the Illinois General Assembly to gather data on | ||||||
16 | veterans' suicide prevention. Data from a U.S. Department of | ||||||
17 | Veterans Affairs study indicates that 22 veterans commit | ||||||
18 | suicide each day. | ||||||
19 | (d-10) According to the State of Illinois Opioid Action
| ||||||
20 | Plan released in September 2017, "The opioid epidemic is the
| ||||||
21 | most significant public health and public safety crisis facing
| ||||||
22 | Illinois".
According to the Action Plan, "Fueled by the growing | ||||||
23 | opioid
epidemic, drug overdoses have now become the leading | ||||||
24 | cause of
death nationwide for people under the age of 50. In | ||||||
25 | Illinois,
opioid overdoses have killed nearly 11,000 people | ||||||
26 | since 2008.
Just last year, nearly 1,900 people died of |
| |||||||
| |||||||
1 | overdoses—almost
twice the number of fatal car crashes | ||||||
2 | accidents . Beyond these deaths
are thousands of emergency | ||||||
3 | department visits, hospital stays,
as well as the pain suffered | ||||||
4 | by individuals, families, and
communities". | ||||||
5 | According to the Action Plan, "At the current rate, the
| ||||||
6 | opioid epidemic will claim the lives of more than 2,700
| ||||||
7 | Illinoisans in 2020". | ||||||
8 | Further, the Action Plan states, "Physical tolerance to
| ||||||
9 | opioids can begin to develop as early as two to three days
| ||||||
10 | following the continuous use of opioids, which is a large
| ||||||
11 | factor that contributes to their addictive potential". | ||||||
12 | The 2017 State of Illinois Opioid Action Plan also states,
| ||||||
13 | "The increase in OUD [opioid use disorder] and opioid overdose
| ||||||
14 | deaths is largely due to the dramatic rise in the rate and
| ||||||
15 | amount of opioids prescribed for pain over the past decades". | ||||||
16 | Further, according to the Action Plan, "In the absence of
| ||||||
17 | alternative treatments, reducing the supply of prescription | ||||||
18 | opioids too abruptly may drive more people to switch to using
| ||||||
19 | illicit drugs (including heroin), thus increasing the risk of
| ||||||
20 | overdose". | ||||||
21 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
22 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
23 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
24 | Washington, and Washington, D.C. have removed state-level | ||||||
25 | criminal penalties from the medical use and cultivation of | ||||||
26 | cannabis. Illinois joins in this effort for the health and |
| |||||||
| |||||||
1 | welfare of its citizens.
| ||||||
2 | (f) States are not required to enforce federal law or | ||||||
3 | prosecute people for engaging in activities prohibited by | ||||||
4 | federal law. Therefore, compliance with this Act does not put | ||||||
5 | the State of Illinois in violation of federal law.
| ||||||
6 | (g) State law should make a distinction between the medical | ||||||
7 | and non-medical uses of cannabis. Hence, the purpose of this | ||||||
8 | Act is to protect patients with debilitating medical | ||||||
9 | conditions, as well as their physicians and providers, from | ||||||
10 | arrest and prosecution, criminal and other penalties, and | ||||||
11 | property forfeiture if the patients engage in the medical use | ||||||
12 | of cannabis.
| ||||||
13 | (Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18 .)
| ||||||
14 | Section 80. The Alternate Fuels Act is amended by changing | ||||||
15 | Section 30 as follows:
| ||||||
16 | (415 ILCS 120/30)
| ||||||
17 | Sec. 30. Rebate and grant program. | ||||||
18 | (a) Beginning January 1, 1997, and as long as funds
are | ||||||
19 | available, each owner of an
alternate fuel
vehicle shall be | ||||||
20 | eligible to apply for a rebate.
Beginning July 1, 2005, each | ||||||
21 | owner of a vehicle using domestic renewable fuel
is eligible to | ||||||
22 | apply for a fuel cost differential rebate under item (3) of | ||||||
23 | this subsection.
The Agency
shall cause rebates to be
issued | ||||||
24 | under the provisions of this Act. An owner may
apply for only |
| |||||||
| |||||||
1 | one of 3 types of rebates with
regard to an individual | ||||||
2 | alternate fuel vehicle: (i) a
conversion cost rebate, (ii) an | ||||||
3 | OEM differential cost rebate, or
(iii) a fuel cost differential | ||||||
4 | rebate. Only one rebate may be
issued with regard to a | ||||||
5 | particular alternate fuel vehicle during
the life of that | ||||||
6 | vehicle. A rebate shall not exceed $4,000 per
vehicle. Over the | ||||||
7 | life of this rebate program, an owner of an
alternate fuel | ||||||
8 | vehicle or a vehicle using domestic renewable fuel may not
| ||||||
9 | receive rebates for more than 150
vehicles per location or for | ||||||
10 | 300 vehicles in total.
| ||||||
11 | (1) A conversion cost rebate may be issued to an
owner | ||||||
12 | or his or her designee in order to reduce the cost of
| ||||||
13 | converting a conventional vehicle or a hybrid vehicle to an | ||||||
14 | alternate fuel
vehicle. Conversion of a conventional | ||||||
15 | vehicle or a hybrid vehicle to alternate fuel
capability | ||||||
16 | must take place in Illinois for the owner to be
eligible | ||||||
17 | for the conversion cost rebate. Amounts spent by
applicants | ||||||
18 | within a calendar year may be claimed on a rebate
| ||||||
19 | application submitted within 12 months after the month in | ||||||
20 | which the conversion of the vehicle took place. Approved
| ||||||
21 | conversion cost rebates applied for during or after | ||||||
22 | calendar year 1997 shall be 80% of all
approved conversion
| ||||||
23 | costs claimed and documented. Approval of conversion cost | ||||||
24 | rebates may
continue after calendar year 2002, if funds are | ||||||
25 | still available. An
applicant
may include on an
application | ||||||
26 | submitted in 1997 all amounts spent within that
calendar |
| |||||||
| |||||||
1 | year on the conversion, even if the expenditure
occurred | ||||||
2 | before promulgation of the Agency rules.
| ||||||
3 | (2) An OEM differential cost rebate may be issued to
an | ||||||
4 | owner or his or her designee in order to reduce the cost
| ||||||
5 | differential between a conventional vehicle or engine and | ||||||
6 | the
same vehicle or engine, produced by an original | ||||||
7 | equipment
manufacturer, that has the capability to use | ||||||
8 | alternate fuels.
| ||||||
9 | A new OEM vehicle or engine must be purchased in | ||||||
10 | Illinois
and must either be an alternate fuel vehicle or | ||||||
11 | used in an
alternate fuel vehicle, respectively, for the | ||||||
12 | owner to be
eligible for an OEM differential cost rebate. | ||||||
13 | Large vehicles, over 8,500 pounds gross vehicle weight, | ||||||
14 | purchased outside Illinois are eligible for an OEM | ||||||
15 | differential cost rebate if the same or a comparable | ||||||
16 | vehicle is not available for purchase in Illinois. Amounts | ||||||
17 | spent by
applicants within a calendar year may be claimed | ||||||
18 | on a rebate
application submitted within 12 months after | ||||||
19 | the month in which the new OEM vehicle or engine was | ||||||
20 | purchased.
| ||||||
21 | Approved OEM differential cost rebates applied for | ||||||
22 | during
or after calendar year 1997 shall be 80% of all
| ||||||
23 | approved cost differential claimed and documented. | ||||||
24 | Approval of OEM
differential cost rebates may continue | ||||||
25 | after calendar year 2002, if funds are
still
available. An | ||||||
26 | applicant
may include on an application submitted in 1997 |
| |||||||
| |||||||
1 | all amounts
spent within that calendar year on OEM | ||||||
2 | equipment, even if the
expenditure occurred before | ||||||
3 | promulgation of the Agency rules.
| ||||||
4 | (3) A fuel cost differential rebate may be issued to
an | ||||||
5 | owner or his or her designee in order to reduce the cost
| ||||||
6 | differential between conventional fuels and domestic | ||||||
7 | renewable
fuels or alternate fuels purchased to operate an | ||||||
8 | alternate fuel vehicle. The fuel cost differential shall be
| ||||||
9 | based on a 3-year life cycle cost analysis developed by the
| ||||||
10 | Agency by rulemaking. The rebate shall apply to and be
| ||||||
11 | payable during a consecutive 3-year period commencing on | ||||||
12 | the
date the application is approved by the Agency. | ||||||
13 | Approved
fuel cost differential rebates may be applied for | ||||||
14 | during or after calendar
year 1997 and approved
rebates | ||||||
15 | shall be
80% of the cost differential for a consecutive | ||||||
16 | 3-year period.
Approval of fuel cost differential rebates | ||||||
17 | may continue after calendar year
2002 if funds are still | ||||||
18 | available.
| ||||||
19 | Twenty-five percent of the amount
that is appropriated | ||||||
20 | under Section 40 to be used to fund programs
authorized by | ||||||
21 | this Section during calendar year 2001 shall be
designated | ||||||
22 | to fund fuel cost differential rebates. If the total
dollar | ||||||
23 | amount of approved fuel cost differential rebate
| ||||||
24 | applications as of July 1, 2001 is less than the amount
| ||||||
25 | designated for that calendar year, the balance of | ||||||
26 | designated
funds shall be immediately available to fund any |
| |||||||
| |||||||
1 | rebate
authorized by this Section and approved in the | ||||||
2 | calendar year.
| ||||||
3 | An approved fuel cost differential rebate shall be paid | ||||||
4 | to an owner
in 3 annual installments on or about the | ||||||
5 | anniversary date of the
approval of the application. Owners | ||||||
6 | receiving a fuel cost
differential rebate shall be required | ||||||
7 | to demonstrate, through
recordkeeping, the use of domestic | ||||||
8 | renewable fuels during the
3-year period commencing on the | ||||||
9 | date the application is approved
by the Agency. If the | ||||||
10 | vehicle ceases to be
registered to the original applicant | ||||||
11 | owner, a prorated
installment shall be paid to that owner | ||||||
12 | or the owner's designee
and the remainder of the rebate | ||||||
13 | shall be canceled.
| ||||||
14 | (b) Vehicles owned by the federal government or
vehicles | ||||||
15 | registered in a state outside Illinois are not eligible
for | ||||||
16 | rebates.
| ||||||
17 | (c) Through fiscal year 2013, the Agency may make grants to | ||||||
18 | one or more car sharing organizations located and operating in | ||||||
19 | Illinois for the purchase of new electric vehicles from an | ||||||
20 | Illinois car dealership. A grant may not exceed 25% of the | ||||||
21 | total project cost, including vehicles and supporting | ||||||
22 | infrastructure. | ||||||
23 | (1) Once in each fiscal year, a car sharing | ||||||
24 | organization may submit a grant proposal to the Agency. The | ||||||
25 | information in the proposal shall, at a minimum, consist of | ||||||
26 | the following: |
| |||||||
| |||||||
1 | (A) the name, address, and locations of the car | ||||||
2 | sharing organization and its operations within | ||||||
3 | Illinois; | ||||||
4 | (B) a description of the car sharing organization, | ||||||
5 | including the number and types of vehicles currently in | ||||||
6 | the fleet and how the vehicles are strategically | ||||||
7 | located to maximize their usage along with a summary of | ||||||
8 | the demographic populations being served; | ||||||
9 | (C) a summary of average miles per year driven by | ||||||
10 | the vehicles currently in the fleet; | ||||||
11 | (D) a narrative description of the project, | ||||||
12 | including the overall plans of the organization in | ||||||
13 | acquiring electric vehicles, the makes and models and | ||||||
14 | the number of electric vehicles that will be acquired | ||||||
15 | by the funding, estimated purchase costs for each | ||||||
16 | vehicle, how the vehicles will be refueled, and whether | ||||||
17 | the refueling locations are available to the public or | ||||||
18 | other entities, are private facilities solely used by | ||||||
19 | the organization, or a combination of both; and | ||||||
20 | (E) a detailed project budget, including the costs | ||||||
21 | of vehicles and supporting infrastructure. | ||||||
22 | (2) The Agency may award grants and set grant amounts, | ||||||
23 | provided that the total amount of the grants does not | ||||||
24 | exceed the Agency's estimate of the amount of the annual | ||||||
25 | appropriation remaining after all rebates have been | ||||||
26 | submitted and processed. |
| |||||||
| |||||||
1 | (3) In deciding whether to award a grant, the Agency | ||||||
2 | shall consider the overall level of environmental benefits | ||||||
3 | to be realized by the proposed project. | ||||||
4 | (4) Grant funds may only be used for purchasing | ||||||
5 | electric vehicles, and shall not exceed 25% of the actual | ||||||
6 | project expenditures. A vehicle purchased using grant | ||||||
7 | funds is not eligible for any rebate authorized by this | ||||||
8 | Section. The grant shall provide funding only for the base | ||||||
9 | Manufacturer's Suggested Retail Price (MSRP) of the | ||||||
10 | vehicle and its electric motors and drivetrain system as | ||||||
11 | depicted on the window sticker or similar documents, and is | ||||||
12 | not to include add-on options such as cabin-related product | ||||||
13 | or component upgrades and extended warranties. | ||||||
14 | (5) Within one year after the date of the grant award, | ||||||
15 | the grantee shall submit a final report to the Agency. If | ||||||
16 | there are grant funds unspent at that time, the remaining | ||||||
17 | money shall be returned to the Agency. The report shall | ||||||
18 | include the following information: | ||||||
19 | (A) the make, model, and model year of each | ||||||
20 | vehicle; | ||||||
21 | (B) the dates of vehicle purchases; | ||||||
22 | (C) the vehicle identification number (VIN); | ||||||
23 | (D) the license plate number and the state of | ||||||
24 | registration; | ||||||
25 | (E) a copy of each vehicle's window sticker or | ||||||
26 | similar document showing the base MSRP and all options; |
| |||||||
| |||||||
1 | (F) proof of payment and purchase invoices for the | ||||||
2 | vehicles showing the Illinois car dealership where the | ||||||
3 | vehicles were purchased; and | ||||||
4 | (G) a complete financial report for the project. | ||||||
5 | (6) Vehicles purchased with grant funds must remain | ||||||
6 | registered and in service with the grantee in Illinois for | ||||||
7 | a minimum of 5 years after purchase. If a vehicle is sold | ||||||
8 | or otherwise taken out of service in Illinois earlier than | ||||||
9 | that time, then the grantee shall refund to the Agency a | ||||||
10 | prorated amount of the grant funds used to purchase that | ||||||
11 | vehicle, except if a vehicle is replaced with a comparable | ||||||
12 | vehicle or can no longer be safely operated due to a crash | ||||||
13 | an accident or other damage. | ||||||
14 | (Source: P.A. 96-537, eff. 8-14-09; 96-1278, eff. 7-26-10; | ||||||
15 | 97-90, eff. 7-11-11.)
| ||||||
16 | Section 85. The Burn Injury Reporting Act is amended by | ||||||
17 | changing Section 5 as follows:
| ||||||
18 | (425 ILCS 7/5)
| ||||||
19 | Sec. 5. Burn injury reporting. | ||||||
20 | (a) Every case of a burn injury treated in a hospital as | ||||||
21 | described in this Act may be reported to the Office of the | ||||||
22 | State Fire Marshal. The hospital's administrator, manager, | ||||||
23 | superintendent, or his or her designee deciding to report under | ||||||
24 | this Act shall make an oral report of every burn injury in a |
| |||||||
| |||||||
1 | timely manner as soon as treatment permits, except as provided | ||||||
2 | in subsection (c) of this Section, that meets one of the | ||||||
3 | following criteria: | ||||||
4 | (1) a person receives a serious second-degree burn or a | ||||||
5 | third degree burn, but not a radiation burn, to 10% or more | ||||||
6 | of the person's body as a whole; | ||||||
7 | (2) a person sustains a burn to the upper respiratory | ||||||
8 | tract or occurring laryngeal edema due to the inhalation of | ||||||
9 | superheated air; | ||||||
10 | (3) a person sustains any burn injury likely to result | ||||||
11 | in death; or | ||||||
12 | (4) a person sustains any other burn injury not | ||||||
13 | excluded by subsection (c). | ||||||
14 | (b) The oral report shall consist of notification by | ||||||
15 | telephone to the Office of the State Fire Marshal using a | ||||||
16 | toll-free number established by the Office of the State Fire | ||||||
17 | Marshal for this purpose. | ||||||
18 | (c) A hospital's administrator, manager, superintendent, | ||||||
19 | or his or her designee deciding to report under this Act shall | ||||||
20 | not report any of the following burn injuries: | ||||||
21 | (1) a burn injury of an emergency medical responder, as | ||||||
22 | defined in Section 3.50 of the Emergency Medical Services | ||||||
23 | (EMS) Systems Act, sustained in the line of duty; | ||||||
24 | (2) a burn injury caused by lighting; | ||||||
25 | (3) a burn injury caused by a motor vehicle crash | ||||||
26 | accident ; or |
| |||||||
| |||||||
1 | (4) a burn injury caused by an identifiable industrial | ||||||
2 | accident or work-related accident.
| ||||||
3 | (Source: P.A. 98-973, eff. 8-15-14.)
| ||||||
4 | Section 90. The Illinois Public Health and Safety Animal | ||||||
5 | Population Control Act is amended by changing Section 5 as | ||||||
6 | follows:
| ||||||
7 | (510 ILCS 92/5)
| ||||||
8 | Sec. 5. Findings. The General Assembly finds the following:
| ||||||
9 | (1) Controlling the dog and cat population would have a | ||||||
10 | significant benefit to the public health and safety by | ||||||
11 | aiding in the prevention of dog attacks, reducing the | ||||||
12 | number of dog and cat bite cases involving children, and | ||||||
13 | decreasing the number of automobile crashes accidents | ||||||
14 | caused by stray dogs and cats.
| ||||||
15 | (2) Increasing the number of rabies-vaccinated, owned | ||||||
16 | pets in low-income areas will reduce potential threats to | ||||||
17 | public health and safety from rabies.
| ||||||
18 | (3) Controlling the dog and cat population will save | ||||||
19 | taxpayer dollars by reducing the number of dogs and cats | ||||||
20 | handled by county and municipal animal control agencies. | ||||||
21 | Targeted low-cost spay or neuter programs for dogs and cats | ||||||
22 | in select Illinois counties and other states have proven to | ||||||
23 | save taxpayers money. | ||||||
24 | (4) This Act is established to provide a variety of |
| |||||||
| |||||||
1 | means by which population control and rabies vaccinations | ||||||
2 | may be financed.
| ||||||
3 | (Source: P.A. 94-639, eff. 8-22-05.)
| ||||||
4 | Section 95. The Illinois Highway Code is amended by | ||||||
5 | changing Section 1-102 as follows:
| ||||||
6 | (605 ILCS 5/1-102) (from Ch. 121, par. 1-102)
| ||||||
7 | Sec. 1-102.
It is the intent and declared policy of the | ||||||
8 | legislature
that an integrated system of highways and streets | ||||||
9 | is essential to the
general welfare and to the agricultural, | ||||||
10 | industrial, recreational, and
social development of the State. | ||||||
11 | In view of the rapid growth of the
State's economy and | ||||||
12 | increased use of public highways, the provision of
safe and | ||||||
13 | efficient highway transportation is a matter of public concern.
| ||||||
14 | It is the declared and continuous policy of the legislature to | ||||||
15 | provide
for improvement of highways and the highway | ||||||
16 | transportation system as
well as the preservation of investment | ||||||
17 | in highways. To that end it is
intended to provide for | ||||||
18 | integrated and systematic planning and orderly
development in | ||||||
19 | accordance with actual needs. It is further declared that
the | ||||||
20 | provision of such a system with efficient management, | ||||||
21 | operation, and
control, and the elimination of congestion, | ||||||
22 | crash accident reduction, and
safety is an urgent problem and | ||||||
23 | proper objective of highway legislation.
It is further declared | ||||||
24 | that highway transportation system development
requires the |
| |||||||
| |||||||
1 | cooperation of State, county, township, and municipal
highway | ||||||
2 | agencies and coordination of their activities on a continuous
| ||||||
3 | and partnership basis and the legislature intends such | ||||||
4 | cooperative
relationships to accomplish this purpose.
| ||||||
5 | It is also the intent and declared policy of the | ||||||
6 | legislature that no
public moneys derived from fees, excises or | ||||||
7 | license taxes relating to
registration, operation and use of | ||||||
8 | vehicles on public highways or to
fuels used for the propulsion | ||||||
9 | of such vehicles, shall be appropriated or
expended other than | ||||||
10 | for costs of administering the laws imposing such
fees, excises | ||||||
11 | and license taxes, statutory refunds and adjustments
allowed | ||||||
12 | thereunder, highway administrative costs, payment of debts and
| ||||||
13 | liabilities incurred in construction and reconstruction of | ||||||
14 | public
highways and bridges, acquisition of rights-of-way for, | ||||||
15 | and the cost of
construction, reconstruction, maintenance, | ||||||
16 | repair and operation of
public highways and bridges under the | ||||||
17 | direction and supervision of the
State, political subdivision | ||||||
18 | or municipality collecting such moneys, and
the costs for | ||||||
19 | patrolling and policing the public highways (by State, | ||||||
20 | political
subdivision or municipality collecting such money) | ||||||
21 | for enforcement of traffic
laws. The separation of grades of | ||||||
22 | such highways with railroads and costs
associated with | ||||||
23 | protection of at-grade highway and railroad crossings shall
| ||||||
24 | also be permissible.
| ||||||
25 | (Source: P.A. 81-2nd S.S.-3.)
|
| |||||||
| |||||||
1 | Section 100. The Toll Highway Act is amended by changing | ||||||
2 | Section 19.1 as follows:
| ||||||
3 | (605 ILCS 10/19.1) | ||||||
4 | Sec. 19.1. Confidentiality of personally identifiable | ||||||
5 | information obtained through electronic toll collection | ||||||
6 | system. | ||||||
7 | (a) For purposes of this Section: | ||||||
8 | "Electronic toll collection system" is a system where a | ||||||
9 | transponder, camera-based vehicle identification system, or | ||||||
10 | other electronic medium is used to deduct payment of a toll | ||||||
11 | from a subscriber's account or to establish an obligation to | ||||||
12 | pay a toll. | ||||||
13 | "Electronic toll collection system user" means any natural | ||||||
14 | person who subscribes to an electronic toll collection system | ||||||
15 | or any natural person who uses a tolled transportation facility | ||||||
16 | that employs the Authority's electronic toll collection | ||||||
17 | system. | ||||||
18 | "Personally identifiable information" means any | ||||||
19 | information that identifies or describes an electronic toll | ||||||
20 | collection system user, including but not limited to travel | ||||||
21 | pattern data, address, telephone number, e-mail address, | ||||||
22 | license plate number, photograph, bank account information, or | ||||||
23 | credit card number. | ||||||
24 | (b) Except as otherwise provided in this Section, the | ||||||
25 | Authority may not sell or otherwise provide to any person or |
| |||||||
| |||||||
1 | entity personally identifiable information of any electronic | ||||||
2 | toll collection system user that the Authority obtains through | ||||||
3 | the operation of its electronic toll collection system. | ||||||
4 | (c) The Authority may, within practical business and cost | ||||||
5 | constraints, store personally identifiable information of an | ||||||
6 | electronic toll collection system user only if the information | ||||||
7 | is required to perform account functions such as billing, | ||||||
8 | account settlement, or toll violation enforcement activities. | ||||||
9 | (d) By no later than December 31, 2011, the Authority shall | ||||||
10 | establish a privacy policy regarding the collection and use of | ||||||
11 | personally identifiable information. Upon its adoption, the | ||||||
12 | policy shall be posted on the Authority's website and a copy | ||||||
13 | shall be included with each transponder transmitted to a user. | ||||||
14 | The policy shall include but need not be limited to the | ||||||
15 | following: | ||||||
16 | (1) A description of the types of personally | ||||||
17 | identifiable information collected by the Authority. | ||||||
18 | (2) The categories of third-party persons or entities | ||||||
19 | with whom the Authority may share personally identifiable | ||||||
20 | information and for what purposes that information is | ||||||
21 | shared. | ||||||
22 | (3) The process by which the Authority notifies | ||||||
23 | electronic toll collection system users of material | ||||||
24 | changes to its privacy policy. | ||||||
25 | (4) The process by which an electronic toll collection | ||||||
26 | system user may review and request changes to any of his or |
| |||||||
| |||||||
1 | her personally identifiable information. | ||||||
2 | (5) The effective date of the privacy policy. | ||||||
3 | (e) This Section does not prohibit the Authority from: | ||||||
4 | (1) providing aggregated traveler information derived | ||||||
5 | from collective data relating to a group or category of | ||||||
6 | electronic toll collection system users from which | ||||||
7 | personally identifiable information has been removed; | ||||||
8 | (2) sharing data with another transportation agency or | ||||||
9 | third-party vendor to comply with interoperability | ||||||
10 | specifications and standards regarding electronic toll | ||||||
11 | collection devices and technologies, provided that the | ||||||
12 | other transportation agency or third-party vendor may not | ||||||
13 | use personally identifiable information obtained under | ||||||
14 | this Section for a purpose other than described in this | ||||||
15 | Section; | ||||||
16 | (3) performing financial, legal and accounting | ||||||
17 | functions such as billing, account settlement, toll | ||||||
18 | violation enforcement, or other activities required to | ||||||
19 | operate and manage its toll collection system; | ||||||
20 | (4) communicating about products and services offered | ||||||
21 | by itself, a business partner, or another public agency; | ||||||
22 | (5) using personally identifiable information in | ||||||
23 | research projects, provided that appropriate | ||||||
24 | confidentiality restrictions are employed to protect | ||||||
25 | against the unauthorized release of such information; | ||||||
26 | (6) releasing personally identifiable information in |
| |||||||
| |||||||
1 | response to a warrant, subpoena or lawful order from a | ||||||
2 | court of competent jurisdiction; | ||||||
3 | (7) releasing personally identifiable information to | ||||||
4 | law enforcement agencies in the case of an emergency when | ||||||
5 | obtaining a warrant or subpoena would be impractical; and | ||||||
6 | (8) releasing personally identifiable information to | ||||||
7 | the Authority's Inspector General or, at the Inspector | ||||||
8 | General's direction, to law enforcement agencies under | ||||||
9 | paragraphs (5) and (6) of subsection (f) of Section 8.5 of | ||||||
10 | this Act. | ||||||
11 | (f) In any agreement allowing another public entity to use | ||||||
12 | the Authority's toll collection system in a transportation | ||||||
13 | facility, the Authority shall require the other public entity | ||||||
14 | to comply with the requirements of this Section. | ||||||
15 | (g) Personally identifiable information generated through | ||||||
16 | the
Authority's toll collection process that reveals the date, | ||||||
17 | time, location or
direction of travel by an electronic toll | ||||||
18 | collection system user shall be
exempt from release under the | ||||||
19 | Illinois Freedom of Information Act. The
exemption in this | ||||||
20 | subsection shall not apply to information that concerns (i)
the | ||||||
21 | public duties of public employees and officials; (ii) whether | ||||||
22 | an electronic toll
collection system user has paid tolls; (iii) | ||||||
23 | whether the Authority is
enforcing toll violation penalties | ||||||
24 | against electronic toll collection users
who do not pay tolls; | ||||||
25 | (iv) crashes accidents or other incidents that occur on | ||||||
26 | highways under the jurisdiction of the
Authority; or (v) the |
| |||||||
| |||||||
1 | obligation, receipt, and use of the funds of the Authority. The | ||||||
2 | exemption in this subsection (g) shall not be a limitation or | ||||||
3 | restriction on other Freedom of Information Act exemptions | ||||||
4 | applicable to personally identifiable information or private | ||||||
5 | information.
| ||||||
6 | (Source: P.A. 97-342, eff. 8-12-11.)
| ||||||
7 | Section 105. The Roadside Memorial Act is amended by | ||||||
8 | changing Section 23.1 as follows:
| ||||||
9 | (605 ILCS 125/23.1) | ||||||
10 | Sec. 23.1. Fatal crash accident memorial marker program. | ||||||
11 | (a) The fatal crash accident memorial marker program is | ||||||
12 | intended to raise public awareness of reckless driving by | ||||||
13 | emphasizing the dangers while affording families an | ||||||
14 | opportunity to remember the victims of crashes involving | ||||||
15 | reckless drivers. | ||||||
16 | (b) As used in this Section, "fatal crash accident memorial | ||||||
17 | marker" means a marker on a highway in this State commemorating | ||||||
18 | one or more persons who died as a proximate result of a crash | ||||||
19 | caused by a driver who committed an act of reckless homicide in | ||||||
20 | violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012 or who otherwise caused the death | ||||||
22 | of one or more persons through the operation of a motor | ||||||
23 | vehicle. | ||||||
24 | (c) For purposes of the fatal crash accident memorial |
| |||||||
| |||||||
1 | marker program in this Section, the provisions of Section 15 of | ||||||
2 | this Act applicable to DUI memorial markers shall apply the | ||||||
3 | same to fatal crash accident memorial markers. | ||||||
4 | (d) A fatal crash accident memorial marker shall consist of | ||||||
5 | a white on blue panel bearing the message "Reckless Driving | ||||||
6 | Costs Lives". At the request of the qualified relative, a | ||||||
7 | separate panel bearing the words "In Memory of (victim's | ||||||
8 | name)", followed by the date of the crash that was the | ||||||
9 | proximate cause of the loss of the victim's life, shall be | ||||||
10 | mounted below the primary panel. | ||||||
11 | (e) A fatal crash accident memorial marker may memorialize | ||||||
12 | more than one victim who died as a result of the same crash. If | ||||||
13 | one or more additional deaths subsequently occur in close | ||||||
14 | proximity to an existing fatal crash accident memorial marker, | ||||||
15 | the supporting jurisdiction may use the same marker to | ||||||
16 | memorialize the subsequent death or deaths, by adding the names | ||||||
17 | of the additional persons. | ||||||
18 | (f) A fatal crash accident memorial marker shall be | ||||||
19 | maintained for at least 2 years from the date the last person | ||||||
20 | was memorialized on the marker. | ||||||
21 | (g) The supporting jurisdiction has the right to install a | ||||||
22 | marker at a location other than the location of the crash or to | ||||||
23 | relocate a marker due to restricted room, property owner | ||||||
24 | complaints, interference with essential traffic control | ||||||
25 | devices, safety concerns, or other restrictions. In these | ||||||
26 | cases, the sponsoring jurisdiction may select an alternate |
| |||||||
| |||||||
1 | location. | ||||||
2 | (h) The Department shall secure the consent of any | ||||||
3 | municipality before placing a fatal crash accident memorial | ||||||
4 | marker within the corporate limits of the municipality. | ||||||
5 | (i) A fee in an amount to be determined by the supporting | ||||||
6 | jurisdiction shall be charged to the qualified relative. The | ||||||
7 | fee shall not exceed the costs associated with the fabrication, | ||||||
8 | installation, and maintenance of the fatal crash accident | ||||||
9 | memorial marker. | ||||||
10 | (j) The provisions of this Section shall apply to any fatal | ||||||
11 | crash accident marker constructed on or after January 1, 2013.
| ||||||
12 | (Source: P.A. 98-334, eff. 8-13-13.)
| ||||||
13 | Section 110. The Illinois Vehicle Code is amended by | ||||||
14 | changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001, | ||||||
15 | 1-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102, | ||||||
16 | 5-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4, | ||||||
17 | 6-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205, | ||||||
18 | 6-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514, | ||||||
19 | 6-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2, | ||||||
20 | 7-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216, | ||||||
21 | 7-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502, | ||||||
22 | 7-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401, | ||||||
23 | 11-402, 11-403, 11-404, 11-406, 11-407, 11-408, 11-409, | ||||||
24 | 11-410, 11-411, 11-412, 11-413, 11-414, 11-415, 11-416, | ||||||
25 | 11-417, 11-501, 11-501.1, 11-501.2, 11-501.4-1, 11-501.6, |
| |||||||
| |||||||
1 | 11-501.7, 11-501.8, 11-506, 11-610, 11-1431, 12-215, 12-604.1, | ||||||
2 | 12-610.1, 12-610.2, 12-707.01, 13-109, 13-111, 15-301, 16-108, | ||||||
3 | 18a-301, 18b-105, 18b-108, 18c-6502, 18c-7402, and 20-202 and | ||||||
4 | the headings of Article II of Chapter 7 and Article IV of | ||||||
5 | Chapter 11 as follows:
| ||||||
6 | (625 ILCS 5/1-146.5) | ||||||
7 | Sec. 1-146.5. Motor vehicle crash accident data. Any | ||||||
8 | information generated from a motor vehicle crash accident | ||||||
9 | report or supplemental report, but shall not include a copy of | ||||||
10 | the motor vehicle crash accident report or supplemental report, | ||||||
11 | personally identifying information as defined in Section | ||||||
12 | 1-159.2 of this Code, or any other information disclosure of | ||||||
13 | which is prohibited by law.
| ||||||
14 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
15 | (625 ILCS 5/1-159.2)
| ||||||
16 | Sec. 1-159.2. Personally identifying information. | ||||||
17 | Information that
identifies an individual, including his or her | ||||||
18 | driver's license number, name, address (but not the 5 digit zip
| ||||||
19 | code), date of birth, height, weight, hair color, eye color, | ||||||
20 | email address, and
telephone number, but
"personally
| ||||||
21 | identifying information" does not include information on | ||||||
22 | vehicular crashes accidents ,
driving violations, and driver's | ||||||
23 | status.
| ||||||
24 | (Source: P.A. 101-326, eff. 8-9-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/1-164.5)
| ||||||
2 | Sec. 1-164.5. Proof of financial responsibility. Proof of | ||||||
3 | ability to
respond in damages for any liability thereafter | ||||||
4 | incurred resulting from the
ownership, maintenance, use or | ||||||
5 | operation of a motor vehicle for bodily injury
to or death of | ||||||
6 | any person in the amount of $25,000, and subject to this limit
| ||||||
7 | for any one person injured or killed, in the amount of $50,000 | ||||||
8 | for bodily
injury to or death of 2 or more persons in any one | ||||||
9 | crash accident , and for damage to
property in the amount of | ||||||
10 | $20,000 resulting from any one crash accident . This proof
in | ||||||
11 | these amounts shall be furnished for each motor vehicle | ||||||
12 | registered by every
person required to furnish this proof. The | ||||||
13 | changes to this Section made by this amendatory Act of the 98th | ||||||
14 | General Assembly apply only to policies issued or renewed on or | ||||||
15 | after January 1, 2015.
| ||||||
16 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
17 | (625 ILCS 5/1-187.001)
| ||||||
18 | Sec. 1-187.001. Serious traffic violation.
| ||||||
19 | (a) A conviction when operating a motor vehicle for:
| ||||||
20 | (1) a violation of subsection (a) of Section 11-402, | ||||||
21 | relating to a motor
vehicle
crash accident involving damage | ||||||
22 | to a vehicle;
| ||||||
23 | (2) a violation of Section 11-403, relating to failure | ||||||
24 | to stop and
exchange information after a motor vehicle |
| |||||||
| |||||||
1 | collision, property damage only;
| ||||||
2 | (3) a violation of subsection (a) of Section 11-502, | ||||||
3 | relating to illegal
transportation, possession, or | ||||||
4 | carrying of alcoholic liquor within the
passenger area of | ||||||
5 | any vehicle;
| ||||||
6 | (4) a violation of Section 6-101 relating to operating | ||||||
7 | a motor vehicle
without a
valid license or permit;
| ||||||
8 | (5) a violation of Section 11-403, relating to failure | ||||||
9 | to stop and
exchange information or give aid after a motor | ||||||
10 | vehicle collision involving
personal injury or death;
| ||||||
11 | (6) a violation relating to excessive speeding, | ||||||
12 | involving a single
speeding charge of 26 miles per hour or | ||||||
13 | more above the legal speed limit;
| ||||||
14 | (7) a violation relating to reckless driving;
| ||||||
15 | (8) a violation of subsection (d) of Section 11-707, | ||||||
16 | relating to passing
in a no-passing zone;
| ||||||
17 | (9) a violation of subsection (b) of Section 11-1402, | ||||||
18 | relating to
limitations on backing
upon a controlled access | ||||||
19 | highway;
| ||||||
20 | (10) a violation of subsection (b) of Section 11-707, | ||||||
21 | relating to driving
on the left
side of a roadway in a | ||||||
22 | no-passing zone;
| ||||||
23 | (11) a violation of subsection (e) of Section 11-1002, | ||||||
24 | relating to failure
to yield
the right-of-way to a | ||||||
25 | pedestrian at an intersection;
| ||||||
26 | (12) a violation of Section 11-1008, relating to |
| |||||||
| |||||||
1 | failure to yield to a
pedestrian on a sidewalk; or
| ||||||
2 | (13) a violation of Section 11-1201, relating to | ||||||
3 | failure to stop for an
approaching railroad train or | ||||||
4 | railroad track equipment or signals; or
| ||||||
5 | (b) Any other similar violation of a law or local ordinance | ||||||
6 | of any state
relating to motor vehicle traffic control, other | ||||||
7 | than a parking violation.
| ||||||
8 | (c) A violation of any of these defined serious traffic | ||||||
9 | offenses shall
not preclude the defendant from being eligible | ||||||
10 | to receive an order of court
supervision under Section 5-6-1 of | ||||||
11 | the Unified Code of Corrections.
| ||||||
12 | (Source: P.A. 98-511, eff. 1-1-14.)
| ||||||
13 | (625 ILCS 5/1-197.6) | ||||||
14 | Sec. 1-197.6. Statutory summary revocation of driving | ||||||
15 | privileges. The revocation by the Secretary of State of a | ||||||
16 | person's license or privilege to operate a motor vehicle on the | ||||||
17 | public highways for the period provided in Section 6-208.1. | ||||||
18 | Reinstatement after the revocation period shall occur after the | ||||||
19 | person has been approved for reinstatement through an | ||||||
20 | administrative hearing with the Secretary of State, has filed | ||||||
21 | proof of financial responsibility, has paid the reinstatement | ||||||
22 | fee as provided in Section 6-118, and has successfully | ||||||
23 | completed all necessary examinations. The basis for this | ||||||
24 | revocation of driving privileges shall be the individual's | ||||||
25 | refusal to submit to or failure to complete a chemical test or |
| |||||||
| |||||||
1 | tests following an arrest for the offense of driving under the | ||||||
2 | influence of alcohol, other drugs, or intoxicating compounds, | ||||||
3 | or any combination thereof involving a motor vehicle crash | ||||||
4 | accident that caused personal injury or death to another, as | ||||||
5 | provided in Section 11-501.1 of this Code.
| ||||||
6 | (Source: P.A. 96-1344, eff. 7-1-11 .)
| ||||||
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 or revocation pursuant | ||||||
10 | to Section 11-501.1. | ||||||
11 | (a) A statutory summary suspension or revocation of driving | ||||||
12 | privileges under Section
11-501.1 shall not become effective | ||||||
13 | until the person is notified in writing of
the impending | ||||||
14 | suspension or revocation and informed that he may request a | ||||||
15 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
16 | this Section and the statutory
summary suspension or revocation | ||||||
17 | shall become effective as provided in Section 11-501.1. | ||||||
18 | (b) Within 90 days after the notice of statutory summary
| ||||||
19 | suspension or revocation served under Section
11-501.1, the | ||||||
20 | person may make a written request for a judicial hearing in
the | ||||||
21 | circuit court of venue. The request to the circuit court shall | ||||||
22 | state
the grounds upon which the person seeks to have the | ||||||
23 | statutory summary
suspension or revocation rescinded. Within | ||||||
24 | 30 days after receipt of the written request
or the first | ||||||
25 | appearance date on the Uniform Traffic Ticket issued pursuant
|
| |||||||
| |||||||
1 | to a violation of Section 11-501, or a similar provision of a | ||||||
2 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
3 | court having
jurisdiction. This judicial hearing, request, or | ||||||
4 | process shall not stay or
delay the statutory summary | ||||||
5 | suspension or revocation. The hearings shall proceed in the
| ||||||
6 | court in the same manner as in other civil proceedings. | ||||||
7 | The hearing may be conducted upon a review of the law | ||||||
8 | enforcement
officer's own official reports; provided however, | ||||||
9 | that the person may
subpoena the officer. Failure of the | ||||||
10 | officer to answer the subpoena shall
be considered grounds for | ||||||
11 | a continuance if in the court's discretion the
continuance is | ||||||
12 | appropriate. | ||||||
13 | The scope of the hearing shall be limited to the issues of: | ||||||
14 | 1. Whether the person was placed under arrest for an | ||||||
15 | offense as defined
in Section 11-501, or a similar | ||||||
16 | provision of a local ordinance, as evidenced
by the | ||||||
17 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
18 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
19 | of Section 11-501.1; and | ||||||
20 | 2. Whether the officer had reasonable grounds to | ||||||
21 | believe that
the person was driving or in actual physical | ||||||
22 | control of a motor vehicle
upon a highway while under the | ||||||
23 | influence of alcohol, other drug, or
combination of both; | ||||||
24 | and | ||||||
25 | 3. Whether the person, after being advised by the | ||||||
26 | officer
that the privilege to operate a motor vehicle would |
| |||||||
| |||||||
1 | be suspended or revoked if the
person refused to submit to | ||||||
2 | and complete the test or tests, did refuse to
submit to or | ||||||
3 | complete the test or tests to determine the person's blood | ||||||
4 | alcohol or drug concentration; or | ||||||
5 | 4. Whether the person, after being advised by the | ||||||
6 | officer that
the privilege to operate a motor vehicle would | ||||||
7 | be suspended if the person
submits to a chemical test, or | ||||||
8 | tests, and the test discloses an alcohol
concentration of | ||||||
9 | 0.08 or more, a tetrahydrocannabinol concentration as | ||||||
10 | defined in paragraph 6 of subsection (a) of Section | ||||||
11 | 11-501.2 of this Code, or any amount of a drug, substance,
| ||||||
12 | or compound in the person's blood, other bodily substance, | ||||||
13 | or urine resulting from the unlawful use or
consumption of | ||||||
14 | a controlled
substance listed in the Illinois Controlled | ||||||
15 | Substances Act, an intoxicating
compound as listed in the | ||||||
16 | Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community | ||||||
18 | Protection Act, and the person
did submit to and complete | ||||||
19 | the test or tests that determined an alcohol
concentration | ||||||
20 | of 0.08 or more. | ||||||
21 | 4.2. (Blank). | ||||||
22 | 4.5. (Blank). | ||||||
23 | 5. If the person's driving privileges were revoked, | ||||||
24 | whether the person was involved in a motor vehicle crash | ||||||
25 | accident that caused Type A injury or death to another. | ||||||
26 | Upon the conclusion of the judicial hearing, the circuit |
| |||||||
| |||||||
1 | court shall
sustain or rescind the statutory summary suspension | ||||||
2 | or revocation and immediately notify
the Secretary of State. | ||||||
3 | Reports received by the Secretary of State under
this Section | ||||||
4 | shall be privileged information and for use only by the
courts, | ||||||
5 | police officers, and Secretary of State. | ||||||
6 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
7 | 99-697, eff. 7-29-16.)
| ||||||
8 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
9 | Sec. 2-123. Sale and distribution of information.
| ||||||
10 | (a) Except as otherwise provided in this Section, the | ||||||
11 | Secretary may make the
driver's license, vehicle and title | ||||||
12 | registration lists, in part or in whole,
and any statistical | ||||||
13 | information derived from these lists available to local
| ||||||
14 | governments, elected state officials, state educational | ||||||
15 | institutions, and all
other governmental units of the State and | ||||||
16 | Federal
Government
requesting them for governmental purposes. | ||||||
17 | The Secretary shall require any such
applicant for services to | ||||||
18 | pay for the costs of furnishing such services and the
use of | ||||||
19 | the equipment involved, and in addition is empowered to | ||||||
20 | establish prices
and charges for the services so furnished and | ||||||
21 | for the use of the electronic
equipment utilized.
| ||||||
22 | (b) The Secretary is further empowered to and he may, in | ||||||
23 | his discretion,
furnish to any applicant, other than listed in | ||||||
24 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
25 | computer tape, disk, other electronic format or
computer |
| |||||||
| |||||||
1 | processable medium, or printout at a fixed fee of
$250 for | ||||||
2 | orders received before October 1, 2003 and $500 for orders | ||||||
3 | received
on or after October 1, 2003, in advance, and require | ||||||
4 | in addition a
further sufficient
deposit based upon the | ||||||
5 | Secretary of State's estimate of the total cost of the
| ||||||
6 | information requested and a charge of $25 for orders received | ||||||
7 | before October
1, 2003 and $50 for orders received on or after | ||||||
8 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
9 | the actual cost, whichever is greater. The Secretary is
| ||||||
10 | authorized to refund any difference between the additional | ||||||
11 | deposit and the
actual cost of the request. This service shall | ||||||
12 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
13 | title or registration search. This service may
be limited to | ||||||
14 | entities purchasing a minimum number of records as required by
| ||||||
15 | administrative rule. The information
sold pursuant to this | ||||||
16 | subsection shall be the entire vehicle or driver data
list, or | ||||||
17 | part thereof. The information sold pursuant to this subsection
| ||||||
18 | shall not contain personally identifying information unless | ||||||
19 | the information is
to be used for one of the purposes | ||||||
20 | identified in subsection (f-5) of this
Section. Commercial | ||||||
21 | purchasers of driver and vehicle record databases shall
enter | ||||||
22 | into a written agreement with the Secretary of State that | ||||||
23 | includes
disclosure of the commercial use of the information to | ||||||
24 | be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in his | ||||||
26 | or her discretion, furnish vehicle or driver data on a computer |
| |||||||
| |||||||
1 | tape, disk, or other electronic format or computer processible | ||||||
2 | medium, at no fee, to any State or local governmental agency | ||||||
3 | that uses the information provided by the Secretary to transmit | ||||||
4 | data back to the Secretary that enables the Secretary to | ||||||
5 | maintain accurate driving records, including dispositions of | ||||||
6 | traffic cases. This information may be provided without fee not | ||||||
7 | more often than once every 6 months.
| ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary
of State may compile a list of all registered
| ||||||
10 | vehicles. Each list of registered vehicles shall be arranged | ||||||
11 | serially
according to the registration numbers assigned to | ||||||
12 | registered vehicles and
may contain in addition the names and | ||||||
13 | addresses of registered owners and
a brief description of each | ||||||
14 | vehicle including the serial or other
identifying number | ||||||
15 | thereof. Such compilation may be in such form as in the
| ||||||
16 | discretion of the Secretary of State may seem best for the | ||||||
17 | purposes intended.
| ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available
lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs
of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over
in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
23 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
24 | producing the list as determined
by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental
purposes only.
| ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (e-1) (Blank).
| ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the
records of his office and a written | ||||||
4 | report on the same for any person, upon
written application of | ||||||
5 | such person, accompanied by a fee of $5 for
each registration | ||||||
6 | or title search. The written application shall set forth
the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a
title or
registration search, or for the | ||||||
9 | certification thereof requested by a government
agency. The | ||||||
10 | report of the title or registration search shall not contain
| ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for
one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly
restricted | ||||||
15 | personal
information unless specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon
written request. The fee for | ||||||
19 | certification shall be $5 in addition
to the fee required for a | ||||||
20 | title or registration search. Certification shall
be made under | ||||||
21 | the signature of the Secretary of State and shall be
| ||||||
22 | authenticated by Seal of the Secretary of State.
| ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of
the request for purchase of his title or | ||||||
25 | registration information as the
Secretary deems appropriate.
| ||||||
26 | No information shall be released to the requester until |
| |||||||
| |||||||
1 | expiration of a 10-day
period. This 10-day period shall not | ||||||
2 | apply to requests for
information made by law enforcement | ||||||
3 | officials, government agencies,
financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile
associated | ||||||
5 | businesses, persons licensed as a private detective or firms
| ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
9 | acting on
behalf of law enforcement officials, government | ||||||
10 | agencies, financial
institutions, attorneys, insurers, | ||||||
11 | employers, automobile associated businesses,
and other | ||||||
12 | business entities for purposes consistent with the Illinois | ||||||
13 | Vehicle
Code, the vehicle owner or registrant or other entities | ||||||
14 | as the Secretary may
exempt by rule and regulation.
| ||||||
15 | Any misrepresentation made by a requester of title or | ||||||
16 | vehicle information
shall be punishable as a petty offense, | ||||||
17 | except in the case of persons
licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency
which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
20 | Private Detective, Private Alarm, Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make
available to
any person or entity any personally | ||||||
24 | identifying information obtained by the
Secretary
of State in | ||||||
25 | connection with a driver's license, vehicle, or title | ||||||
26 | registration
record
unless the information is disclosed for one |
| |||||||
| |||||||
1 | of the following purposes:
| ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law
enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or
entity acting on behalf | ||||||
5 | of a federal, State, or local agency in carrying out
its
| ||||||
6 | functions.
| ||||||
7 | (2) For use in connection with matters of motor vehicle | ||||||
8 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
9 | vehicle product alterations, recalls,
or advisories; | ||||||
10 | performance monitoring of motor vehicles, motor vehicle | ||||||
11 | parts,
and dealers; and removal of non-owner records from | ||||||
12 | the original owner
records of motor vehicle manufacturers.
| ||||||
13 | (3) For use in the normal course of business by a | ||||||
14 | legitimate business or
its agents, employees, or | ||||||
15 | contractors, but only:
| ||||||
16 | (A) to verify the accuracy of personal information | ||||||
17 | submitted by
an individual to the business or its | ||||||
18 | agents, employees, or contractors;
and
| ||||||
19 | (B) if such information as so submitted is not | ||||||
20 | correct or is no
longer correct, to obtain the correct | ||||||
21 | information, but only for the
purposes of preventing | ||||||
22 | fraud by, pursuing legal remedies against, or
| ||||||
23 | recovering on a debt or security interest against, the | ||||||
24 | individual.
| ||||||
25 | (4) For use in research activities and for use in | ||||||
26 | producing statistical
reports, if the personally |
| |||||||
| |||||||
1 | identifying information is not published,
redisclosed, or | ||||||
2 | used to
contact individuals.
| ||||||
3 | (5) For use in connection with any civil, criminal, | ||||||
4 | administrative, or
arbitral proceeding in any federal, | ||||||
5 | State, or local court or agency or before
any
| ||||||
6 | self-regulatory body, including the service of process, | ||||||
7 | investigation in
anticipation of litigation, and the | ||||||
8 | execution or enforcement of judgments and
orders, or | ||||||
9 | pursuant to an order of a federal, State, or local court.
| ||||||
10 | (6) For use by any insurer or insurance support | ||||||
11 | organization or by a
self-insured entity or its agents, | ||||||
12 | employees, or contractors in connection with
claims | ||||||
13 | investigation activities, antifraud activities, rating, or | ||||||
14 | underwriting.
| ||||||
15 | (7) For use in providing notice to the owners of towed | ||||||
16 | or
impounded vehicles.
| ||||||
17 | (8) For use by any person licensed as a private | ||||||
18 | detective or firm licensed as a private
detective agency | ||||||
19 | under
the Private Detective, Private Alarm, Private | ||||||
20 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
21 | private investigative agency or security service
licensed | ||||||
22 | in Illinois for any purpose permitted under this | ||||||
23 | subsection.
| ||||||
24 | (9) For use by an employer or its agent or insurer to | ||||||
25 | obtain or verify
information relating to a holder of a | ||||||
26 | commercial driver's license that is
required under chapter |
| |||||||
| |||||||
1 | 313 of title 49 of the United States Code.
| ||||||
2 | (10) For use in connection with the operation of | ||||||
3 | private toll
transportation facilities.
| ||||||
4 | (11) For use by any requester, if the requester | ||||||
5 | demonstrates it has
obtained the written consent of the | ||||||
6 | individual to whom the information
pertains.
| ||||||
7 | (12) For use by members of the news media, as defined | ||||||
8 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
9 | the request relates to
the
operation of a motor vehicle or | ||||||
10 | public safety.
| ||||||
11 | (13) For any other use specifically authorized by law, | ||||||
12 | if that use is
related to the operation of a motor vehicle | ||||||
13 | or public safety. | ||||||
14 | (f-6) The Secretary of State shall not disclose or | ||||||
15 | otherwise make
available to any
person or entity any highly | ||||||
16 | restricted personal information obtained by the
Secretary of
| ||||||
17 | State in connection with a driver's license, vehicle, or
title | ||||||
18 | registration
record unless
specifically authorized by this | ||||||
19 | Code.
| ||||||
20 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
21 | written request
and a fee as set forth in Section 6-118, | ||||||
22 | furnish to the person or agency so requesting a
driver's record | ||||||
23 | or data contained therein. Such document may include a record | ||||||
24 | of: current driver's
license issuance information, except that | ||||||
25 | the information on judicial driving
permits shall be available | ||||||
26 | only as otherwise provided by this Code;
convictions; orders |
| |||||||
| |||||||
1 | entered revoking, suspending or cancelling a
driver's
license | ||||||
2 | or privilege; and notations of crash accident involvement. All | ||||||
3 | other
information, unless otherwise permitted by
this Code, | ||||||
4 | shall remain confidential. Information released pursuant to a
| ||||||
5 | request for a driver's record shall not contain personally | ||||||
6 | identifying
information, unless the request for the driver's | ||||||
7 | record was made for one of the
purposes set forth in subsection | ||||||
8 | (f-5) of this Section. The Secretary of State may, without fee, | ||||||
9 | allow a parent or guardian of a person under the age of 18 | ||||||
10 | years, who holds an instruction permit or graduated driver's | ||||||
11 | license, to view that person's driving record online, through a | ||||||
12 | computer connection.
The parent or guardian's online access to | ||||||
13 | the driving record will terminate when the instruction permit | ||||||
14 | or graduated driver's license holder reaches the age of 18.
| ||||||
15 | 2. The Secretary of State shall not disclose or otherwise | ||||||
16 | make available
to any
person or
entity any highly restricted | ||||||
17 | personal information obtained by the Secretary of
State in
| ||||||
18 | connection with a driver's license, vehicle, or title
| ||||||
19 | registration record
unless specifically
authorized by this | ||||||
20 | Code. The Secretary of State may certify an abstract of a | ||||||
21 | driver's record
upon written request therefor. Such | ||||||
22 | certification
shall be made under the signature of the | ||||||
23 | Secretary of State and shall be
authenticated by the Seal of | ||||||
24 | his office.
| ||||||
25 | 3. All requests for driving record information shall be | ||||||
26 | made in a manner
prescribed by the Secretary and shall set |
| |||||||
| |||||||
1 | forth the intended use of the
requested information.
| ||||||
2 | The Secretary of State may notify the affected driver of | ||||||
3 | the request
for purchase of his driver's record as the | ||||||
4 | Secretary deems appropriate.
| ||||||
5 | No information shall be released to the requester until | ||||||
6 | expiration of a 10-day
period. This 10-day period shall not | ||||||
7 | apply to requests for information
made by law enforcement | ||||||
8 | officials, government agencies, financial institutions,
| ||||||
9 | attorneys, insurers, employers, automobile associated | ||||||
10 | businesses, persons
licensed as a private detective or firms | ||||||
11 | licensed as a private detective agency
under the Private | ||||||
12 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
13 | Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||||||
14 | acting on behalf of law enforcement officials,
government | ||||||
15 | agencies, financial institutions, attorneys, insurers, | ||||||
16 | employers,
automobile associated businesses, and other | ||||||
17 | business entities for purposes
consistent with the Illinois | ||||||
18 | Vehicle Code, the affected driver or other
entities as the | ||||||
19 | Secretary may exempt by rule and regulation.
| ||||||
20 | Any misrepresentation made by a requester of driver | ||||||
21 | information shall
be punishable as a petty offense, except in | ||||||
22 | the case of persons licensed as
a private detective or firms | ||||||
23 | licensed as a private detective agency which shall
be subject | ||||||
24 | to disciplinary sanctions under Section 40-10 of the Private
| ||||||
25 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
26 | Vendor, and Locksmith Act of 2004.
|
| |||||||
| |||||||
1 | 4. The Secretary of State may furnish without fee, upon the | ||||||
2 | written
request of a law enforcement agency, any information | ||||||
3 | from a driver's
record on file with the Secretary of State when | ||||||
4 | such information is required
in the enforcement of this Code or | ||||||
5 | any other law relating to the operation
of motor vehicles, | ||||||
6 | including records of dispositions; documented
information | ||||||
7 | involving the use of a motor vehicle; whether such individual
| ||||||
8 | has, or previously had, a driver's license; and the address and | ||||||
9 | personal
description as reflected on said driver's record.
| ||||||
10 | 5. Except as otherwise provided in this Section, the | ||||||
11 | Secretary of
State may furnish, without fee, information from | ||||||
12 | an individual driver's
record on file, if a written request | ||||||
13 | therefor is submitted
by any public transit system or | ||||||
14 | authority, public defender, law enforcement
agency, a state or | ||||||
15 | federal agency, or an Illinois local intergovernmental
| ||||||
16 | association, if the request is for the purpose of a background | ||||||
17 | check of
applicants for employment with the requesting agency, | ||||||
18 | or for the purpose of
an official investigation conducted by | ||||||
19 | the agency, or to determine a
current address for the driver so | ||||||
20 | public funds can be recovered or paid to
the driver, or for any | ||||||
21 | other purpose set forth in subsection (f-5)
of this Section.
| ||||||
22 | The Secretary may also furnish the courts a copy of an | ||||||
23 | abstract of a
driver's record, without fee, subsequent to an | ||||||
24 | arrest for a violation of
Section 11-501 or a similar provision | ||||||
25 | of a local ordinance. Such abstract
may include records of | ||||||
26 | dispositions; documented information involving
the use of a |
| |||||||
| |||||||
1 | motor vehicle as contained in the current file; whether such
| ||||||
2 | individual has, or previously had, a driver's license; and the | ||||||
3 | address and
personal description as reflected on said driver's | ||||||
4 | record.
| ||||||
5 | 6. Any certified abstract issued by the Secretary of State | ||||||
6 | or
transmitted electronically by the Secretary of State | ||||||
7 | pursuant to this
Section,
to a court or on request of a law | ||||||
8 | enforcement agency, for the record of a
named person as to the | ||||||
9 | status of the person's driver's license shall be
prima facie | ||||||
10 | evidence of the facts therein stated and if the name appearing
| ||||||
11 | in such abstract is the same as that of a person named in an | ||||||
12 | information or
warrant, such abstract shall be prima facie | ||||||
13 | evidence that the person named
in such information or warrant | ||||||
14 | is the same person as the person named in
such abstract and | ||||||
15 | shall be admissible for any prosecution under this Code and
be | ||||||
16 | admitted as proof of any prior conviction or proof of records, | ||||||
17 | notices, or
orders recorded on individual driving records | ||||||
18 | maintained by the Secretary of
State.
| ||||||
19 | 7. Subject to any restrictions contained in the Juvenile | ||||||
20 | Court Act of
1987, and upon receipt of a proper request and a | ||||||
21 | fee as set forth in Section 6-118, the
Secretary of
State shall | ||||||
22 | provide a driver's record or data contained therein to the | ||||||
23 | affected driver, or the affected
driver's attorney, upon | ||||||
24 | verification. Such record shall contain all the
information | ||||||
25 | referred to in paragraph 1 of this subsection (g) plus: any
| ||||||
26 | recorded crash accident involvement as a driver; information |
| |||||||
| |||||||
1 | recorded pursuant to
subsection (e) of Section 6-117 and | ||||||
2 | paragraph (4) of subsection (a) of
Section 6-204 of this Code. | ||||||
3 | All other information, unless otherwise permitted
by this Code, | ||||||
4 | shall remain confidential.
| ||||||
5 | (h) The Secretary shall not disclose social security | ||||||
6 | numbers or any associated information obtained from the Social | ||||||
7 | Security Administration except pursuant
to a written request | ||||||
8 | by, or with the prior written consent of, the
individual | ||||||
9 | except: (1) to officers and employees of the Secretary
who
have | ||||||
10 | a need to know the social security numbers in performance of | ||||||
11 | their
official duties, (2) to law enforcement officials for a | ||||||
12 | civil or
criminal law enforcement investigation, and if an | ||||||
13 | officer of the law enforcement
agency has made a written | ||||||
14 | request to the Secretary specifying the law
enforcement | ||||||
15 | investigation for which the social security numbers are being
| ||||||
16 | sought, though the Secretary retains the right to require | ||||||
17 | additional verification regarding the validity of the request, | ||||||
18 | (3) to the United States Department of Transportation, or any | ||||||
19 | other
State, pursuant to the administration and enforcement of | ||||||
20 | the Commercial
Motor Vehicle Safety Act of 1986 or | ||||||
21 | participation in State-to-State verification service, (4) | ||||||
22 | pursuant to the order of a court
of competent jurisdiction, (5) | ||||||
23 | to the Department of Healthcare and Family Services (formerly | ||||||
24 | Department of Public Aid) for
utilization
in the child support | ||||||
25 | enforcement duties assigned to that Department under
| ||||||
26 | provisions of the Illinois Public Aid Code after the individual |
| |||||||
| |||||||
1 | has received advanced
meaningful notification of what | ||||||
2 | redisclosure is sought by the Secretary in
accordance with the | ||||||
3 | federal Privacy Act, (5.5) to the Department of Healthcare and | ||||||
4 | Family Services and the Department of Human Services solely for | ||||||
5 | the purpose of verifying Illinois residency where such | ||||||
6 | residency is an eligibility requirement for benefits under the | ||||||
7 | Illinois Public Aid Code or any other health benefit program | ||||||
8 | administered by the Department of Healthcare and Family | ||||||
9 | Services or the Department of Human Services, (6) to the | ||||||
10 | Illinois Department of Revenue solely for use by the Department | ||||||
11 | in the collection of any tax or debt that the Department of | ||||||
12 | Revenue is authorized or required by law to collect, provided | ||||||
13 | that the Department shall not disclose the social security | ||||||
14 | number to any person or entity outside of the Department, (7) | ||||||
15 | to the Illinois Department of Veterans' Affairs for the purpose | ||||||
16 | of confirming veteran status, or (8) the last 4 digits to the | ||||||
17 | Illinois State Board of Elections for purposes of voter | ||||||
18 | registration and as may be required pursuant to an agreement | ||||||
19 | for a multi-state voter registration list maintenance system. | ||||||
20 | If social security information is disclosed by the Secretary in | ||||||
21 | accordance with this Section, no liability shall rest with the | ||||||
22 | Office of the Secretary of State or any of its officers or | ||||||
23 | employees, as the information is released for official purposes | ||||||
24 | only.
| ||||||
25 | (i) (Blank).
| ||||||
26 | (j) Medical statements or medical reports received in the |
| |||||||
| |||||||
1 | Secretary of
State's Office shall be confidential. Except as | ||||||
2 | provided in this Section, no confidential information may be
| ||||||
3 | open to public inspection or the contents disclosed to anyone, | ||||||
4 | except
officers and employees of the Secretary who have a need | ||||||
5 | to know the information
contained in the medical reports and | ||||||
6 | the Driver License Medical Advisory
Board, unless so directed | ||||||
7 | by an order of a court of competent jurisdiction. If the | ||||||
8 | Secretary receives a medical report regarding a driver that | ||||||
9 | does not address a medical condition contained in a previous | ||||||
10 | medical report, the Secretary may disclose the unaddressed | ||||||
11 | medical condition to the driver or his or her physician, or | ||||||
12 | both, solely for the purpose of submission of a medical report | ||||||
13 | that addresses the condition.
| ||||||
14 | (k) Disbursement of fees collected under this Section shall | ||||||
15 | be as follows: (1) of the $12 fee for a driver's record, $3 | ||||||
16 | shall be paid into the Secretary of State Special Services | ||||||
17 | Fund, and $6 shall be paid into the General Revenue Fund; (2) | ||||||
18 | 50% of the amounts collected under subsection (b) shall be paid | ||||||
19 | into the General Revenue Fund; and (3) all remaining fees shall | ||||||
20 | be disbursed under subsection (g) of Section 2-119 of this | ||||||
21 | Code.
| ||||||
22 | (l) (Blank).
| ||||||
23 | (m) Notations of crash accident involvement that may be | ||||||
24 | disclosed under this
Section shall not include notations | ||||||
25 | relating to damage to a vehicle or other
property being | ||||||
26 | transported by a tow truck. This information shall remain
|
| |||||||
| |||||||
1 | confidential, provided that nothing in this subsection (m) | ||||||
2 | shall limit
disclosure of any notification of crash accident | ||||||
3 | involvement to any law enforcement
agency or official.
| ||||||
4 | (n) Requests made by the news media for driver's license, | ||||||
5 | vehicle, or
title registration information may be furnished | ||||||
6 | without charge or at a reduced
charge, as determined by the | ||||||
7 | Secretary, when the specific purpose for
requesting the | ||||||
8 | documents is deemed to be in the public interest. Waiver or
| ||||||
9 | reduction of the fee is in the public interest if the principal | ||||||
10 | purpose of the
request is to access and disseminate information | ||||||
11 | regarding the health, safety,
and welfare or the legal rights | ||||||
12 | of the general public and is not for the
principal purpose of | ||||||
13 | gaining a personal or commercial benefit.
The information | ||||||
14 | provided pursuant to this subsection shall not contain
| ||||||
15 | personally identifying information unless the information is | ||||||
16 | to be used for one
of the
purposes identified in subsection | ||||||
17 | (f-5) of this Section.
| ||||||
18 | (o) The redisclosure of personally identifying information
| ||||||
19 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
20 | extent necessary to effectuate the
purpose
for which the | ||||||
21 | original disclosure of the information was permitted.
| ||||||
22 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
23 | effectuate this Section.
| ||||||
24 | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; | ||||||
25 | 101-326, eff. 8-9-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||||||
2 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
3 | towing or
hauling away.
| ||||||
4 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
5 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
6 | more, its
removal by a towing service may be authorized by a | ||||||
7 | law enforcement
agency having jurisdiction.
| ||||||
8 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
9 | district 10
hours or more, its removal by a towing service may | ||||||
10 | be authorized by a
law enforcement agency having jurisdiction.
| ||||||
11 | (c) When a vehicle is abandoned or left unattended on a | ||||||
12 | highway
other than a toll highway, interstate highway, or | ||||||
13 | expressway, outside of
an urban district for 24 hours or more, | ||||||
14 | its removal by a towing service
may be authorized by a law | ||||||
15 | enforcement agency having jurisdiction.
| ||||||
16 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
17 | partially
dismantled vehicle is creating a traffic hazard | ||||||
18 | because of its position
in relation to the highway or its | ||||||
19 | physical appearance is causing the
impeding of traffic, its | ||||||
20 | immediate removal from the highway or private
property adjacent | ||||||
21 | to the highway by a towing service may be authorized
by a law | ||||||
22 | enforcement agency having jurisdiction.
| ||||||
23 | (e) Whenever a
peace officer reasonably believes that a | ||||||
24 | person under
arrest for a violation of Section 11-501 of this | ||||||
25 | Code or a similar
provision of a local ordinance is likely, | ||||||
26 | upon release, to commit a
subsequent violation of Section |
| |||||||
| |||||||
1 | 11-501, or a similar provision of a local
ordinance, the | ||||||
2 | arresting officer shall have the vehicle which the person
was | ||||||
3 | operating at the time of the arrest impounded for a period of | ||||||
4 | 12 hours after the time of arrest. However, such vehicle may be
| ||||||
5 | released by the arresting law enforcement agency prior to the | ||||||
6 | end of the
impoundment period if:
| ||||||
7 | (1) the vehicle was not owned by the person under | ||||||
8 | arrest, and the lawful
owner requesting such release | ||||||
9 | possesses a valid operator's license, proof
of ownership, | ||||||
10 | and would not, as determined by the arresting law | ||||||
11 | enforcement
agency, indicate a lack of ability to operate a | ||||||
12 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
13 | operating such motor vehicle, be in
violation of this Code; | ||||||
14 | or
| ||||||
15 | (2) the vehicle is owned by the person under arrest, | ||||||
16 | and the person
under arrest gives permission to another | ||||||
17 | person to operate such vehicle,
provided however, that the | ||||||
18 | other person possesses a valid operator's license
and would | ||||||
19 | not, as determined by the arresting law enforcement
agency, | ||||||
20 | indicate a lack of ability to operate a motor vehicle in a | ||||||
21 | safe
manner or who would otherwise, by operating such motor | ||||||
22 | vehicle, be in
violation of this Code.
| ||||||
23 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
24 | into custody for
operating the vehicle in violation of Section | ||||||
25 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
26 | or Section 6-303 of this Code, a
law enforcement officer
may |
| |||||||
| |||||||
1 | have the vehicle immediately impounded for a period not less | ||||||
2 | than:
| ||||||
3 | (1) 24 hours for a second violation of Section 11-501 | ||||||
4 | of this Code or a
similar provision of a local ordinance or | ||||||
5 | Section 6-303
of
this Code or a combination of these | ||||||
6 | offenses; or
| ||||||
7 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
8 | this Code or a
similar provision of a local ordinance or | ||||||
9 | Section 6-303 of this
Code or a combination of these | ||||||
10 | offenses.
| ||||||
11 | The vehicle may be released sooner if the vehicle is owned | ||||||
12 | by the person
under arrest and the person under arrest gives | ||||||
13 | permission to another person to
operate the vehicle and that | ||||||
14 | other person possesses a valid operator's license
and would | ||||||
15 | not, as determined by the arresting law enforcement agency, | ||||||
16 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
17 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
18 | in violation of this Code.
| ||||||
19 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
20 | owner or
lessor of privately owned real property within this | ||||||
21 | State, or any person
authorized by such owner or lessor, or any | ||||||
22 | law enforcement agency in the
case of publicly owned real | ||||||
23 | property may cause any motor vehicle abandoned
or left | ||||||
24 | unattended upon such property without permission to be removed | ||||||
25 | by a
towing service without liability for the costs of removal, | ||||||
26 | transportation
or storage or damage caused by such removal, |
| |||||||
| |||||||
1 | transportation or storage.
The towing or removal of any vehicle | ||||||
2 | from private property without the
consent of the registered | ||||||
3 | owner or other legally authorized person in
control of the | ||||||
4 | vehicle is subject to compliance with the following
conditions | ||||||
5 | and restrictions:
| ||||||
6 | 1. Any towed or removed vehicle must be stored at the | ||||||
7 | site of the towing
service's place of business. The site | ||||||
8 | must be open during business hours,
and for the purpose of | ||||||
9 | redemption of vehicles, during the time that the
person or | ||||||
10 | firm towing such vehicle is open for towing purposes.
| ||||||
11 | 2. The towing service shall within 30 minutes of | ||||||
12 | completion of such
towing or removal, notify the law | ||||||
13 | enforcement agency having jurisdiction of
such towing or | ||||||
14 | removal, and the make, model, color and license plate | ||||||
15 | number
of the vehicle, and shall obtain and record the name | ||||||
16 | of the person at the law
enforcement agency to whom such | ||||||
17 | information was reported.
| ||||||
18 | 3. If the registered owner or legally authorized person | ||||||
19 | entitled to
possession of the vehicle shall arrive at the | ||||||
20 | scene prior to actual removal
or towing of the vehicle, the | ||||||
21 | vehicle shall be disconnected from the tow
truck and that | ||||||
22 | person shall be allowed to remove the vehicle without
| ||||||
23 | interference, upon the payment of a reasonable service fee | ||||||
24 | of not more than
one half the posted rate of the towing | ||||||
25 | service as provided in paragraph
6 of this subsection, for | ||||||
26 | which a receipt shall be given.
|
| |||||||
| |||||||
1 | 4. The rebate or payment of money or any other valuable | ||||||
2 | consideration
from the towing service or its owners, | ||||||
3 | managers or employees to the owners
or operators of the | ||||||
4 | premises from which the vehicles are towed or removed,
for | ||||||
5 | the privilege of removing or towing those vehicles, is | ||||||
6 | prohibited. Any
individual who violates this paragraph | ||||||
7 | shall be guilty of a Class A
misdemeanor.
| ||||||
8 | 5. Except for property appurtenant to and obviously a | ||||||
9 | part of a single
family residence, and except for instances | ||||||
10 | where notice is personally given
to the owner or other | ||||||
11 | legally authorized person in control of the vehicle
that | ||||||
12 | the area in which that vehicle is parked is reserved or | ||||||
13 | otherwise
unavailable to unauthorized vehicles and they | ||||||
14 | are subject to being removed
at the owner or operator's | ||||||
15 | expense, any property owner or lessor, prior to
towing or | ||||||
16 | removing any vehicle from private property without the | ||||||
17 | consent of
the owner or other legally authorized person in | ||||||
18 | control of that vehicle,
must post a notice meeting the | ||||||
19 | following requirements:
| ||||||
20 | a. Except as otherwise provided in subparagraph | ||||||
21 | a.1 of this subdivision (f)5, the notice must be | ||||||
22 | prominently placed at each driveway access or curb
cut | ||||||
23 | allowing vehicular access to the property within 5 feet | ||||||
24 | from the public
right-of-way line. If there are no | ||||||
25 | curbs or access barriers, the sign must
be posted not | ||||||
26 | less than one sign each 100 feet of lot frontage.
|
| |||||||
| |||||||
1 | a.1. In a municipality with a population of less | ||||||
2 | than 250,000, as an alternative to the requirement of | ||||||
3 | subparagraph a of this subdivision (f)5, the notice for | ||||||
4 | a parking lot contained within property used solely for | ||||||
5 | a 2-family, 3-family, or 4-family residence may be | ||||||
6 | prominently placed at the perimeter of the parking lot, | ||||||
7 | in a position where the notice is visible to the | ||||||
8 | occupants of vehicles entering the lot.
| ||||||
9 | b. The notice must indicate clearly, in not less | ||||||
10 | than 2 inch high
light-reflective letters on a | ||||||
11 | contrasting background, that unauthorized
vehicles | ||||||
12 | will be towed away at the owner's expense.
| ||||||
13 | c. The notice must also provide the name and | ||||||
14 | current telephone
number of the towing service towing | ||||||
15 | or removing the vehicle.
| ||||||
16 | d. The sign structure containing the required | ||||||
17 | notices must be
permanently installed with the bottom | ||||||
18 | of the sign not less than 4 feet
above ground level, | ||||||
19 | and must be continuously maintained on the property for
| ||||||
20 | not less than 24 hours prior to the towing or removing | ||||||
21 | of any vehicle.
| ||||||
22 | 6. Any towing service that tows or removes vehicles and | ||||||
23 | proposes to
require the owner, operator, or person in | ||||||
24 | control of the vehicle to pay the
costs of towing and | ||||||
25 | storage prior to redemption of the vehicle must file
and | ||||||
26 | keep on record with the local law enforcement agency a |
| |||||||
| |||||||
1 | complete copy of
the current rates to be charged for such | ||||||
2 | services, and post at the storage
site an identical rate | ||||||
3 | schedule and any written contracts with property
owners, | ||||||
4 | lessors, or persons in control of property which authorize | ||||||
5 | them to
remove vehicles as provided in this Section.
The | ||||||
6 | towing and storage charges, however, shall not exceed the | ||||||
7 | maximum allowed by the Illinois Commerce Commission under | ||||||
8 | Section 18a-200.
| ||||||
9 | 7. No person shall engage in the removal of vehicles | ||||||
10 | from private
property as described in this Section without | ||||||
11 | filing a notice of intent
in each community where he | ||||||
12 | intends to do such removal, and such
notice shall be filed | ||||||
13 | at least 7 days before commencing such towing.
| ||||||
14 | 8. No removal of a vehicle from private property shall | ||||||
15 | be done except
upon express written instructions of the | ||||||
16 | owners or persons in charge of the
private property upon | ||||||
17 | which the vehicle is said to be trespassing.
| ||||||
18 | 9. Vehicle entry for the purpose of removal shall be | ||||||
19 | allowed with
reasonable care on the part of the person or | ||||||
20 | firm towing the vehicle. Such
person or firm shall be | ||||||
21 | liable for any damages occasioned to the vehicle if
such | ||||||
22 | entry is not in accordance with the standards of reasonable | ||||||
23 | care.
| ||||||
24 | 9.5. Except as authorized by a law enforcement officer, | ||||||
25 | no towing service shall engage in the removal of a | ||||||
26 | commercial motor vehicle that requires a commercial |
| |||||||
| |||||||
1 | driver's license to operate by operating the vehicle under | ||||||
2 | its own power on a highway. | ||||||
3 | 10. When a vehicle has been towed or removed pursuant | ||||||
4 | to this Section,
it must be released to its owner, | ||||||
5 | custodian, agent, or lienholder within one half hour after
| ||||||
6 | requested, if such request is made during business hours. | ||||||
7 | Any vehicle owner,
custodian, agent, or lienholder shall | ||||||
8 | have the right to inspect the vehicle before
accepting its | ||||||
9 | return, and no release or waiver of any kind which would
| ||||||
10 | release the towing service from liability for damages | ||||||
11 | incurred during the
towing and storage may be required from | ||||||
12 | any vehicle owner or other legally
authorized person as a | ||||||
13 | condition of release of the vehicle. A detailed,
signed | ||||||
14 | receipt showing the legal name of the towing service must | ||||||
15 | be given
to the person paying towing or storage charges at | ||||||
16 | the time of payment,
whether requested or not.
| ||||||
17 | This Section shall not apply to law enforcement, | ||||||
18 | firefighting, rescue,
ambulance, or other emergency | ||||||
19 | vehicles which are marked as such or to
property owned by | ||||||
20 | any governmental entity.
| ||||||
21 | When an authorized person improperly causes a motor | ||||||
22 | vehicle to be
removed, such person shall be liable to the | ||||||
23 | owner or lessee of the vehicle
for the cost or removal, | ||||||
24 | transportation and storage, any damages resulting
from the | ||||||
25 | removal, transportation and storage, attorney's fee and | ||||||
26 | court costs.
|
| |||||||
| |||||||
1 | Any towing or storage charges accrued shall be payable | ||||||
2 | in cash or by cashier's check, certified check, debit card, | ||||||
3 | credit card, or wire transfer, at the option of the party | ||||||
4 | taking possession of the vehicle.
| ||||||
5 | 11. Towing companies shall also provide insurance | ||||||
6 | coverage for areas
where vehicles towed under the | ||||||
7 | provisions of this Chapter will be impounded
or otherwise | ||||||
8 | stored, and shall adequately cover loss by fire, theft or
| ||||||
9 | other risks.
| ||||||
10 | Any person who fails to comply with the conditions and | ||||||
11 | restrictions of
this subsection shall be guilty of a Class C | ||||||
12 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
13 | $500.
| ||||||
14 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
15 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
16 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
17 | Code, its
removal and impoundment by a towing service may be | ||||||
18 | authorized by a law
enforcement agency with appropriate | ||||||
19 | jurisdiction.
| ||||||
20 | (2) When a vehicle removal from either public or private | ||||||
21 | property is
authorized by a law enforcement agency, the owner | ||||||
22 | of the vehicle shall be
responsible for all towing and storage | ||||||
23 | charges.
| ||||||
24 | (3) Vehicles removed from public or private property and
| ||||||
25 | stored by a commercial vehicle relocator or any other towing | ||||||
26 | service authorized by a law enforcement agency in
compliance |
| |||||||
| |||||||
1 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
2 | at the request of the vehicle owner or operator,
shall
be | ||||||
3 | subject to a possessor lien for services
pursuant to the Labor | ||||||
4 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
5 | 1 of that Act relating to notice
and implied consent shall be | ||||||
6 | deemed satisfied by compliance with Section
18a-302 and | ||||||
7 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
8 | be greater than the rate or rates established in accordance | ||||||
9 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
10 | event shall such lien be
increased or altered to reflect any | ||||||
11 | charge for services or materials
rendered in addition to those | ||||||
12 | authorized by this Code. Every such lien
shall be payable in | ||||||
13 | cash or by cashier's check, certified check, debit card, credit | ||||||
14 | card, or wire transfer, at the option of the party taking | ||||||
15 | possession of the vehicle.
| ||||||
16 | (4) Any personal property belonging to the vehicle owner in | ||||||
17 | a vehicle subject to a lien under this
subsection
(g) shall | ||||||
18 | likewise be subject to that lien, excepting only:
child | ||||||
19 | restraint systems as defined in Section 4 of the Child | ||||||
20 | Passenger Protection Act and other child booster seats; | ||||||
21 | eyeglasses; food; medicine; perishable property; any | ||||||
22 | operator's licenses; any cash, credit
cards, or checks or | ||||||
23 | checkbooks; any wallet, purse, or other property
containing any | ||||||
24 | operator's license or other identifying documents or | ||||||
25 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
26 | personal property belonging to a person other than the vehicle |
| |||||||
| |||||||
1 | owner if that person provides adequate proof that the personal | ||||||
2 | property belongs to that person. The spouse, child, mother, | ||||||
3 | father, brother, or sister of the vehicle owner may claim | ||||||
4 | personal property excepted under this paragraph (4) if the | ||||||
5 | person claiming the personal property provides the commercial | ||||||
6 | vehicle relocator or towing service with the authorization of | ||||||
7 | the vehicle owner. | ||||||
8 | (5) This paragraph (5) applies only in the case of a | ||||||
9 | vehicle that is towed as a result of being involved in a crash | ||||||
10 | an accident . In addition to the personal property excepted | ||||||
11 | under paragraph (4), all other personal property in a vehicle | ||||||
12 | subject to a lien under this subsection (g) is exempt from that | ||||||
13 | lien and may be claimed by the vehicle owner if the vehicle | ||||||
14 | owner provides the commercial vehicle relocator or towing | ||||||
15 | service with proof that the vehicle owner has an insurance | ||||||
16 | policy covering towing and storage fees. The spouse, child, | ||||||
17 | mother, father, brother, or sister of the vehicle owner may | ||||||
18 | claim personal property in a vehicle subject to a lien under | ||||||
19 | this subsection (g) if the person claiming the personal | ||||||
20 | property provides the commercial vehicle relocator or towing | ||||||
21 | service with the authorization of the vehicle owner and proof | ||||||
22 | that the vehicle owner has an insurance policy covering towing | ||||||
23 | and storage fees. The regulation of liens on personal property | ||||||
24 | and exceptions to those liens in the case of vehicles towed as | ||||||
25 | a result of being involved in a crash an accident are
exclusive | ||||||
26 | powers and functions of the State. A home
rule unit may not |
| |||||||
| |||||||
1 | regulate liens on personal property and exceptions to those | ||||||
2 | liens in the case of vehicles towed as a result of being | ||||||
3 | involved in a crash an accident . This paragraph (5) is a denial | ||||||
4 | and
limitation of home rule powers and functions under
| ||||||
5 | subsection (h) of Section 6 of Article VII of the
Illinois | ||||||
6 | Constitution. | ||||||
7 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
8 | in its total amount; or
be increased or altered to reflect any | ||||||
9 | charge for services or
materials rendered in addition to those | ||||||
10 | authorized by this Code.
| ||||||
11 | (h) Whenever a peace officer issues a citation to a driver | ||||||
12 | for a violation of subsection (a) of Section 11-506 of this | ||||||
13 | Code, the arresting officer may have the vehicle which the | ||||||
14 | person was operating at the time of the arrest impounded for a | ||||||
15 | period of 5 days after the time of arrest.
An impounding agency | ||||||
16 | shall release a motor vehicle impounded under this subsection | ||||||
17 | (h) to the registered owner of the vehicle under any of the | ||||||
18 | following circumstances: | ||||||
19 | (1) If the vehicle is a stolen vehicle; or | ||||||
20 | (2) If the person ticketed for a violation of | ||||||
21 | subsection (a) of Section 11-506 of this Code was not | ||||||
22 | authorized by the registered owner of the vehicle to | ||||||
23 | operate the vehicle at the time of the violation; or | ||||||
24 | (3) If the registered owner of the vehicle was neither | ||||||
25 | the driver nor a passenger in the vehicle at the time of | ||||||
26 | the violation or was unaware that the driver was using the |
| |||||||
| |||||||
1 | vehicle to engage in street racing; or | ||||||
2 | (4) If the legal owner or registered owner of the | ||||||
3 | vehicle is a rental car agency; or | ||||||
4 | (5) If, prior to the expiration of the impoundment | ||||||
5 | period specified above, the citation is dismissed or the | ||||||
6 | defendant is found not guilty of the offense.
| ||||||
7 | (i) Except for vehicles exempted under subsection (b) of | ||||||
8 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
9 | issues a citation to a driver for a violation of Section 3-707 | ||||||
10 | of this Code, and the driver has a prior conviction for a | ||||||
11 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
12 | the arresting officer shall authorize the removal and | ||||||
13 | impoundment of the vehicle by a towing service. | ||||||
14 | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | ||||||
15 | 100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
| ||||||
16 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||
17 | Sec. 5-101. New vehicle dealers must be licensed.
| ||||||
18 | (a) No person shall engage in this State in the business of | ||||||
19 | selling
or dealing in, on consignment or otherwise, new | ||||||
20 | vehicles of any make, or
act as an intermediary or agent or | ||||||
21 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
22 | as a salesperson, or represent or advertise
that he is so | ||||||
23 | engaged or intends to so engage in such business unless
| ||||||
24 | licensed to do so in writing by the Secretary of State under | ||||||
25 | the
provisions of this Section.
|
| |||||||
| |||||||
1 | (b) An application for a new vehicle dealer's license shall | ||||||
2 | be filed
with the Secretary of State, duly verified by oath, on | ||||||
3 | such form as the
Secretary of State may by rule or regulation | ||||||
4 | prescribe and shall contain:
| ||||||
5 | 1. The name and type of business organization of the | ||||||
6 | applicant and
his established and additional places of | ||||||
7 | business, if any, in this State.
| ||||||
8 | 2. If the applicant is a corporation, a list of its | ||||||
9 | officers,
directors, and shareholders having a ten percent | ||||||
10 | or greater ownership
interest in the corporation, setting | ||||||
11 | forth the residence address of
each; if the applicant is a | ||||||
12 | sole proprietorship, a partnership, an
unincorporated | ||||||
13 | association, a trust, or any similar form of business
| ||||||
14 | organization, the name and residence address of the | ||||||
15 | proprietor or of
each partner, member, officer, director, | ||||||
16 | trustee, or manager.
| ||||||
17 | 3. The make or makes of new vehicles which the | ||||||
18 | applicant will offer
for sale at retail in this State.
| ||||||
19 | 4. The name of each manufacturer or franchised | ||||||
20 | distributor, if any,
of new vehicles with whom the | ||||||
21 | applicant has contracted for the sale of
such new vehicles. | ||||||
22 | As evidence of this fact, the application shall be
| ||||||
23 | accompanied by a signed statement from each such | ||||||
24 | manufacturer or
franchised distributor. If the applicant | ||||||
25 | is in the business of
offering for sale new conversion | ||||||
26 | vehicles, trucks or vans, except for
trucks modified to |
| |||||||
| |||||||
1 | serve a special purpose which includes but is not
limited | ||||||
2 | to the following vehicles: street sweepers, fertilizer | ||||||
3 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
4 | maintenance type vehicles,
he must furnish evidence of a | ||||||
5 | sales and service agreement from both the
chassis | ||||||
6 | manufacturer and second stage manufacturer.
| ||||||
7 | 5. A statement that the applicant has been approved for | ||||||
8 | registration
under the Retailers' Occupation Tax Act by the | ||||||
9 | Department of Revenue:
Provided that this requirement does | ||||||
10 | not apply to a dealer who is already
licensed hereunder | ||||||
11 | with the Secretary of State, and who is merely applying
for | ||||||
12 | a renewal of his license. As evidence of this fact, the | ||||||
13 | application
shall be accompanied by a certification from | ||||||
14 | the Department of Revenue
showing that that Department has | ||||||
15 | approved the applicant for registration
under the | ||||||
16 | Retailers' Occupation Tax Act.
| ||||||
17 | 6. A statement that the applicant has complied with the | ||||||
18 | appropriate
liability insurance requirement. A Certificate | ||||||
19 | of Insurance in a solvent
company authorized to do business | ||||||
20 | in the State of Illinois shall be included
with each | ||||||
21 | application covering each location at which he proposes to | ||||||
22 | act
as a new vehicle dealer. The policy must provide | ||||||
23 | liability coverage in
the minimum amounts of $100,000 for | ||||||
24 | bodily injury to, or death of, any person,
$300,000 for | ||||||
25 | bodily injury to, or death of, two or more persons in any | ||||||
26 | one crash
accident , and $50,000 for damage to property. |
| |||||||
| |||||||
1 | Such policy shall expire
not sooner than December 31 of the | ||||||
2 | year for which the license was issued
or renewed. The | ||||||
3 | expiration of the insurance policy shall not terminate
the | ||||||
4 | liability under the policy arising during the period for | ||||||
5 | which the
policy was filed. Trailer and mobile home dealers | ||||||
6 | are exempt from this
requirement.
| ||||||
7 | If the permitted user has a liability insurance policy | ||||||
8 | that provides
automobile
liability insurance coverage of | ||||||
9 | at least $100,000 for bodily injury to or the
death of any
| ||||||
10 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
11 | or more persons in
any one
crash accident , and $50,000 for | ||||||
12 | damage to property,
then the permitted user's insurer shall | ||||||
13 | be the primary
insurer and the
dealer's insurer shall be | ||||||
14 | the secondary insurer. If the permitted user does not
have | ||||||
15 | a liability
insurance policy that provides automobile | ||||||
16 | liability insurance coverage of at
least
$100,000 for | ||||||
17 | bodily injury to or the death of any person, $300,000 for | ||||||
18 | bodily
injury to or the death of any 2 or more persons in | ||||||
19 | any one crash accident , and
$50,000 for damage to property, | ||||||
20 | or does not have any insurance at all,
then the dealer's | ||||||
21 | insurer shall be the primary insurer and the permitted | ||||||
22 | user's
insurer shall be the secondary
insurer.
| ||||||
23 | When a permitted user is "test driving" a new vehicle | ||||||
24 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
25 | shall be primary and the permitted user's
insurance shall | ||||||
26 | be secondary.
|
| |||||||
| |||||||
1 | As used in this paragraph 6, a "permitted user" is a | ||||||
2 | person who, with the
permission of the new vehicle dealer | ||||||
3 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
4 | owned and held for sale or lease by the new vehicle dealer
| ||||||
5 | which the person is considering
to purchase or lease, in | ||||||
6 | order to evaluate the performance, reliability, or
| ||||||
7 | condition of the vehicle.
The term "permitted user" also | ||||||
8 | includes a person who, with the permission of
the new
| ||||||
9 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
10 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
11 | the user's vehicle is being repaired or evaluated.
| ||||||
12 | As used in this paragraph 6, "test driving" occurs when | ||||||
13 | a permitted user
who,
with the permission of the new | ||||||
14 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
15 | drives a vehicle owned and held for sale or lease by a new | ||||||
16 | vehicle
dealer that the person is considering to purchase | ||||||
17 | or lease, in order to
evaluate the performance, | ||||||
18 | reliability, or condition of the
vehicle.
| ||||||
19 | As used in this paragraph 6, "loaner purposes" means | ||||||
20 | when a person who,
with the permission of the new vehicle | ||||||
21 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
22 | the new vehicle dealer while the
user's vehicle is being | ||||||
23 | repaired or evaluated.
| ||||||
24 | 7. (A) An application for a new motor vehicle dealer's | ||||||
25 | license shall be
accompanied by the following license fees:
| ||||||
26 | (i) $1,000 for applicant's established place of |
| |||||||
| |||||||
1 | business, and
$100 for each
additional place of | ||||||
2 | business, if any, to which the application
pertains; | ||||||
3 | but if the application is made after June 15 of any | ||||||
4 | year, the license
fee shall be $500 for applicant's | ||||||
5 | established place of business
plus
$50 for each | ||||||
6 | additional place of business, if any, to which the
| ||||||
7 | application pertains. License fees shall be returnable | ||||||
8 | only in the event that
the application is denied by the | ||||||
9 | Secretary of State.
All moneys received by the | ||||||
10 | Secretary of State as license fees under this | ||||||
11 | subparagraph (i) prior to applications for the 2004
| ||||||
12 | licensing year
shall be
deposited into the Motor | ||||||
13 | Vehicle Review Board Fund and shall
be used to | ||||||
14 | administer the Motor Vehicle Review Board under the | ||||||
15 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
16 | the Secretary of State as license
fees under this | ||||||
17 | subparagraph (i) for the 2004
licensing year and
| ||||||
18 | thereafter, 10% shall
be deposited into the Motor | ||||||
19 | Vehicle Review Board Fund and shall be used to
| ||||||
20 | administer the Motor Vehicle Review Board under the | ||||||
21 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
22 | into the General Revenue Fund.
| ||||||
23 | (ii) Except for dealers selling 25 or fewer | ||||||
24 | automobiles or as provided in subsection (h) of Section | ||||||
25 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
26 | Fee in the amount of $500 for the applicant's |
| |||||||
| |||||||
1 | established place of business, and $50 for each | ||||||
2 | additional place of business, if any, to which the | ||||||
3 | application pertains; but if the application is made | ||||||
4 | after June 15 of any year, the fee shall be $250 for | ||||||
5 | the applicant's established place of business plus $25 | ||||||
6 | for each additional place of business, if any, to which | ||||||
7 | the application pertains. For a license renewal | ||||||
8 | application, the fee shall be based on the amount of | ||||||
9 | automobiles sold in the past year according to the | ||||||
10 | following formula: | ||||||
11 | (1) $0 for dealers selling 25 or less | ||||||
12 | automobiles; | ||||||
13 | (2) $150 for dealers selling more than 25 but | ||||||
14 | less than 200 automobiles; | ||||||
15 | (3) $300 for dealers selling 200 or more | ||||||
16 | automobiles but less than 300 automobiles; and | ||||||
17 | (4) $500 for dealers selling 300 or more | ||||||
18 | automobiles. | ||||||
19 | License fees shall be returnable only in the event | ||||||
20 | that the application is denied by the Secretary of | ||||||
21 | State. Moneys received under this subparagraph (ii) | ||||||
22 | shall be deposited into the Dealer Recovery Trust Fund. | ||||||
23 | (B) An application for a new vehicle dealer's license, | ||||||
24 | other than for
a new motor vehicle dealer's license, shall | ||||||
25 | be accompanied by the following
license fees:
| ||||||
26 | (i) $1,000 for applicant's established place of |
| |||||||
| |||||||
1 | business, and
$50 for each
additional place of | ||||||
2 | business, if any, to which the application pertains; | ||||||
3 | but if
the application is made after June 15 of any | ||||||
4 | year, the license fee shall be
$500
for applicant's | ||||||
5 | established place of business plus $25 for each
| ||||||
6 | additional
place of business, if any, to which the | ||||||
7 | application pertains. License fees
shall be returnable | ||||||
8 | only in the event that the application is denied by the
| ||||||
9 | Secretary of State. Of the money received by the | ||||||
10 | Secretary of State as
license fees under this | ||||||
11 | subparagraph (i) for the 2004 licensing year and | ||||||
12 | thereafter,
95% shall be deposited into the General | ||||||
13 | Revenue Fund.
| ||||||
14 | (ii) Except as provided in subsection (h) of | ||||||
15 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
16 | Fund Fee in the amount of $500 for the applicant's | ||||||
17 | established place of business, and $50 for each | ||||||
18 | additional place of business, if any, to which the | ||||||
19 | application pertains; but if the application is made | ||||||
20 | after June 15 of any year, the fee shall be $250 for | ||||||
21 | the applicant's established place of business plus $25 | ||||||
22 | for each additional place of business, if any, to which | ||||||
23 | the application pertains. License fees shall be | ||||||
24 | returnable only in the event that the application is | ||||||
25 | denied by the Secretary of State. Moneys received under | ||||||
26 | this subparagraph (ii) shall be deposited into the |
| |||||||
| |||||||
1 | Dealer Recovery Trust Fund. | ||||||
2 | 8. A statement that the applicant's officers, | ||||||
3 | directors,
shareholders having a 10% or greater ownership | ||||||
4 | interest
therein, proprietor, a partner, member, officer, | ||||||
5 | director, trustee, manager
or other principals in the | ||||||
6 | business have not committed in the past 3
years any one | ||||||
7 | violation as determined in any civil, criminal or
| ||||||
8 | administrative proceedings of any one of the following | ||||||
9 | Acts:
| ||||||
10 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
11 | Code;
| ||||||
12 | (B) The Certificate of Title Laws of the Illinois | ||||||
13 | Vehicle Code;
| ||||||
14 | (C) The Offenses against Registration and | ||||||
15 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
16 | Code;
| ||||||
17 | (D) The Dealers, Transporters, Wreckers and | ||||||
18 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
19 | (E) Section 21-2 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
21 | Vehicles; or
| ||||||
22 | (F) The Retailers' Occupation Tax Act.
| ||||||
23 | 9. A statement that the applicant's officers, | ||||||
24 | directors,
shareholders having a 10% or greater ownership | ||||||
25 | interest
therein, proprietor, partner, member, officer, | ||||||
26 | director, trustee, manager
or other principals in the |
| |||||||
| |||||||
1 | business have not committed in any calendar year
3 or more | ||||||
2 | violations, as determined in any civil, criminal or
| ||||||
3 | administrative proceedings, of any one or more of the | ||||||
4 | following Acts:
| ||||||
5 | (A) The Consumer Finance Act;
| ||||||
6 | (B) The Consumer Installment Loan Act;
| ||||||
7 | (C) The Retail Installment Sales Act;
| ||||||
8 | (D) The Motor Vehicle Retail Installment Sales | ||||||
9 | Act;
| ||||||
10 | (E) The Interest Act;
| ||||||
11 | (F) The Illinois Wage Assignment Act;
| ||||||
12 | (G) Part 8 of Article XII of the Code of Civil | ||||||
13 | Procedure; or
| ||||||
14 | (H) The Consumer Fraud Act.
| ||||||
15 | 9.5. A statement that, within 10 years of application,
| ||||||
16 | each officer, director, shareholder having a
10% or greater | ||||||
17 | ownership interest therein, proprietor,
partner, member, | ||||||
18 | officer, director, trustee, manager, or
other principal in | ||||||
19 | the business of the applicant has not committed, as | ||||||
20 | determined
in any civil, criminal, or administrative | ||||||
21 | proceeding, in
any calendar year one or more
forcible | ||||||
22 | felonies under the Criminal Code of 1961 or the
Criminal | ||||||
23 | Code of 2012, or a violation of either or both Article 16 | ||||||
24 | or 17 of the Criminal Code of 1961 or a violation of either | ||||||
25 | or both Article 16 or 17 of the Criminal Code of 2012, | ||||||
26 | Article 29B of the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012, or a similar out-of-state offense.
For the | ||||||
2 | purposes of this paragraph, "forcible felony" has
the | ||||||
3 | meaning provided in Section 2-8 of the Criminal Code
of | ||||||
4 | 2012. | ||||||
5 | 10. A bond or certificate of deposit in the amount of | ||||||
6 | $50,000 for
each location at which the applicant intends to | ||||||
7 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
8 | of the license, or its renewal, for
which application is | ||||||
9 | made, and shall expire not sooner than
December 31 of the | ||||||
10 | year for which the license was issued or renewed. The bond
| ||||||
11 | shall run to the People of the State of Illinois, with | ||||||
12 | surety by a bonding or
insurance company authorized to do | ||||||
13 | business in this State. It shall be
conditioned upon the | ||||||
14 | proper transmittal of all title and registration fees and
| ||||||
15 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
16 | Act) accepted by the
applicant as a new vehicle dealer.
| ||||||
17 | 11. Such other information concerning the business of | ||||||
18 | the applicant as
the Secretary of State may by rule or | ||||||
19 | regulation prescribe.
| ||||||
20 | 12. A statement that the applicant understands Chapter | ||||||
21 | 1 through
Chapter 5 of this Code.
| ||||||
22 | (c) Any change which renders no longer accurate any | ||||||
23 | information
contained in any application for a new vehicle | ||||||
24 | dealer's license shall be
amended within 30 days after the | ||||||
25 | occurrence of such change on such form
as the Secretary of | ||||||
26 | State may prescribe by rule or regulation,
accompanied by an |
| |||||||
| |||||||
1 | amendatory fee of $2.
| ||||||
2 | (d) Anything in this Chapter 5 to the contrary | ||||||
3 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
4 | dealer unless:
| ||||||
5 | 1. He is authorized by contract in writing between | ||||||
6 | himself and the
manufacturer or franchised distributor of | ||||||
7 | such make of vehicle to so
sell the same in this State, and
| ||||||
8 | 2. Such person shall maintain an established place of | ||||||
9 | business as
defined in this Act.
| ||||||
10 | (e) The Secretary of State shall, within a reasonable time | ||||||
11 | after
receipt, examine an application submitted to him under | ||||||
12 | this Section and
unless he makes a determination that the | ||||||
13 | application submitted to him does not conform with the | ||||||
14 | requirements of this Section or that grounds
exist for a denial | ||||||
15 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
16 | the applicant an original new vehicle dealer's license in
| ||||||
17 | writing for his established place of business and a | ||||||
18 | supplemental license
in writing for each additional place of | ||||||
19 | business in such form as he may
prescribe by rule or regulation | ||||||
20 | which shall include the following:
| ||||||
21 | 1. The name of the person licensed;
| ||||||
22 | 2. If a corporation, the name and address of its | ||||||
23 | officers or if a
sole proprietorship, a partnership, an | ||||||
24 | unincorporated association or any
similar form of business | ||||||
25 | organization, the name and address of the
proprietor or of | ||||||
26 | each partner, member, officer, director, trustee or
|
| |||||||
| |||||||
1 | manager;
| ||||||
2 | 3. In the case of an original license, the established | ||||||
3 | place of
business of the licensee;
| ||||||
4 | 4. In the case of a supplemental license, the | ||||||
5 | established place of
business of the licensee and the | ||||||
6 | additional place of business to which such
supplemental | ||||||
7 | license pertains;
| ||||||
8 | 5. The make or makes of new vehicles which the licensee | ||||||
9 | is licensed
to sell.
| ||||||
10 | (f) The appropriate instrument evidencing the license or a | ||||||
11 | certified
copy thereof, provided by the Secretary of State, | ||||||
12 | shall be kept posted
conspicuously in the established place of | ||||||
13 | business of the licensee and
in each additional place of | ||||||
14 | business, if any, maintained by such
licensee.
| ||||||
15 | (g) Except as provided in subsection (h) hereof, all new | ||||||
16 | vehicle
dealer's licenses granted under this Section shall | ||||||
17 | expire by operation
of law on December 31 of the calendar year | ||||||
18 | for which they are granted
unless sooner revoked or cancelled | ||||||
19 | under the provisions of Section 5-501
of this Chapter.
| ||||||
20 | (h) A new vehicle dealer's license may be renewed upon | ||||||
21 | application
and payment of the fee required herein, and | ||||||
22 | submission of proof of
coverage under an approved bond under | ||||||
23 | the Retailers' Occupation Tax
Act or proof that applicant is | ||||||
24 | not subject to such bonding
requirements, as in the case of an | ||||||
25 | original license, but in case an
application for the renewal of | ||||||
26 | an effective license is made during the
month of December, the |
| |||||||
| |||||||
1 | effective license shall remain in force until the
application | ||||||
2 | is granted or denied by the Secretary of State.
| ||||||
3 | (i) All persons licensed as a new vehicle dealer are | ||||||
4 | required to
furnish each purchaser of a motor vehicle:
| ||||||
5 | 1. In the case of a new vehicle a manufacturer's | ||||||
6 | statement of origin
and in the case of a used motor vehicle | ||||||
7 | a certificate of title, in
either case properly assigned to | ||||||
8 | the purchaser;
| ||||||
9 | 2. A statement verified under oath that all identifying | ||||||
10 | numbers on
the vehicle agree with those on the certificate | ||||||
11 | of title or
manufacturer's statement of origin;
| ||||||
12 | 3. A bill of sale properly executed on behalf of such | ||||||
13 | person;
| ||||||
14 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
15 | return
referred to in Section 5-402 hereof;
| ||||||
16 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
17 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
18 | 6. In the case of a vehicle for which the warranty has | ||||||
19 | been reinstated, a
copy of the warranty.
| ||||||
20 | (j) Except at the time of sale or repossession of the | ||||||
21 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
22 | any other person a newly created
key to a vehicle unless the | ||||||
23 | new vehicle dealer makes a color photocopy or electronic scan | ||||||
24 | of the driver's
license or State identification card of the | ||||||
25 | person requesting or obtaining the
newly created key. The new | ||||||
26 | vehicle dealer must retain the photocopy or scan for 30 days.
|
| |||||||
| |||||||
1 | A new vehicle dealer who violates this subsection (j) is | ||||||
2 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
3 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
4 | new vehicle dealer's license.
| ||||||
5 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
6 | registration
year and thereafter.
| ||||||
7 | (Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; | ||||||
8 | 101-505, eff. 1-1-20 .)
| ||||||
9 | (625 ILCS 5/5-101.1)
| ||||||
10 | Sec. 5-101.1. Motor vehicle financing affiliates; | ||||||
11 | licensing.
| ||||||
12 | (a) In this State no business shall engage in the business | ||||||
13 | of a motor
vehicle financing
affiliate without a license to do | ||||||
14 | so in writing from the Secretary of State.
| ||||||
15 | (b) An application for a motor vehicle financing | ||||||
16 | affiliate's license must be
filed with
the Secretary of State, | ||||||
17 | duly verified by oath, on a form prescribed by the
Secretary of
| ||||||
18 | State and shall contain all of the following:
| ||||||
19 | (1) The name and type of business organization of the | ||||||
20 | applicant and the
applicant's
established place of | ||||||
21 | business and any additional places of business in this
| ||||||
22 | State.
| ||||||
23 | (2) The name and address of the licensed new or used | ||||||
24 | vehicle dealer to
which the
applicant will be selling, | ||||||
25 | transferring, or assigning new or used motor
vehicles |
| |||||||
| |||||||
1 | pursuant
to a written contract. If more than one dealer is | ||||||
2 | on the application, the
applicant shall
state in writing | ||||||
3 | the basis of common ownership among the dealers.
| ||||||
4 | (3) A list of the business organization's officers, | ||||||
5 | directors, members,
and
shareholders having a 10% or | ||||||
6 | greater ownership interest in the business,
providing the
| ||||||
7 | residential address for each person listed.
| ||||||
8 | (4) If selling, transferring, or assigning new motor | ||||||
9 | vehicles, the make or
makes of
new vehicles that it will | ||||||
10 | sell, assign, or otherwise transfer to the
contracting new | ||||||
11 | motor
vehicle dealer listed on the application pursuant to | ||||||
12 | paragraph (2).
| ||||||
13 | (5) The name of each manufacturer or franchised | ||||||
14 | distributor, if any, of
new
vehicles with whom the | ||||||
15 | applicant has contracted for the sale of new vehicles
and a | ||||||
16 | signed
statement from each manufacturer or franchised | ||||||
17 | distributor acknowledging the
contract.
| ||||||
18 | (6) A statement that the applicant has been approved | ||||||
19 | for registration
under the
Retailers' Occupation Tax Act by | ||||||
20 | the Department of Revenue. This requirement
does not
apply | ||||||
21 | to a motor vehicle financing affiliate that is already | ||||||
22 | licensed with the
Secretary of
State and is applying for a | ||||||
23 | renewal of its license.
| ||||||
24 | (7) A statement that the applicant has complied with | ||||||
25 | the appropriate
liability
insurance requirement and a | ||||||
26 | Certificate of Insurance that shall not expire
before
|
| |||||||
| |||||||
1 | December 31 of the year for which the license was issued or | ||||||
2 | renewed with a
minimum
liability coverage of $100,000 for | ||||||
3 | the bodily injury or death of any person,
$300,000 for
the | ||||||
4 | bodily injury or death of 2 or more persons in any one | ||||||
5 | crash accident , and
$50,000 for
damage to property. The | ||||||
6 | expiration of the insurance policy shall not terminate
the
| ||||||
7 | liability under the policy arising during the period for | ||||||
8 | which the policy was
filed. Trailer
and mobile home dealers | ||||||
9 | are exempt from the requirements of this paragraph. A
motor
| ||||||
10 | vehicle financing affiliate is exempt from the | ||||||
11 | requirements of this paragraph
if it is
covered by the | ||||||
12 | insurance policy of the new or used dealer listed on the
| ||||||
13 | application
pursuant to paragraph (2).
| ||||||
14 | (8) A license fee of $1,000 for the applicant's | ||||||
15 | established place of
business and
$250 for each additional | ||||||
16 | place of business, if any, to which the application
| ||||||
17 | pertains.
However, if the application is made after June 15 | ||||||
18 | of any year, the license fee
shall be
$500 for the | ||||||
19 | applicant's established place of business and $125 for each
| ||||||
20 | additional place
of business, if any, to which the | ||||||
21 | application pertains. These license fees
shall be
| ||||||
22 | returnable only in the event that the application is denied | ||||||
23 | by the Secretary of
State.
| ||||||
24 | (9) A statement incorporating the requirements of | ||||||
25 | paragraphs 8 and 9 of
subsection (b) of Section 5-101.
| ||||||
26 | (10) Any other information concerning the business of |
| |||||||
| |||||||
1 | the applicant as the
Secretary of State may prescribe.
| ||||||
2 | (11) A statement that the applicant understands | ||||||
3 | Chapter 1 through Chapter
5 of
this Code.
| ||||||
4 | (c) Any change which renders no longer accurate any | ||||||
5 | information contained in
any
application for a motor vehicle | ||||||
6 | financing affiliate's license shall be amended
within 30
days | ||||||
7 | after the occurrence of the change on a form prescribed by the | ||||||
8 | Secretary
of State,
accompanied by an amendatory fee of $2.
| ||||||
9 | (d) If a new vehicle dealer is not listed on the | ||||||
10 | application, pursuant to
paragraph (2) of
subsection (b), the | ||||||
11 | motor vehicle financing affiliate shall not receive,
possess, | ||||||
12 | or transfer
any new vehicle. If a new motor vehicle dealer is | ||||||
13 | listed on the application,
pursuant to
paragraph (2) of | ||||||
14 | subsection (b), the new motor vehicle dealer can only receive
| ||||||
15 | those new
cars it is permitted to receive under its franchise | ||||||
16 | agreement. If both a new
and used
motor vehicle dealer are | ||||||
17 | listed on the application, pursuant to paragraph (2)
of | ||||||
18 | subsection
(b), only the new motor vehicle dealer may receive | ||||||
19 | new motor vehicles. If a
used motor
vehicle is listed on the | ||||||
20 | application, pursuant to paragraph (2) of
subsection (b), the | ||||||
21 | used
motor vehicle dealer shall not receive any new motor | ||||||
22 | vehicles.
| ||||||
23 | (e) The applicant and dealer provided pursuant to paragraph | ||||||
24 | (2) of
subsection (b)
must be business organizations registered | ||||||
25 | to conduct business in Illinois.
Three-fourths
of the dealer's | ||||||
26 | board of directors must be members of the motor vehicle
|
| |||||||
| |||||||
1 | financing
affiliate's board of directors, if applicable.
| ||||||
2 | (f) Unless otherwise provided in this Chapter 5, no | ||||||
3 | business organization
registered to
do business in Illinois | ||||||
4 | shall be licensed as a motor vehicle financing
affiliate | ||||||
5 | unless:
| ||||||
6 | (1) The motor vehicle financing affiliate shall only | ||||||
7 | sell, transfer, or
assign motor
vehicles to the licensed | ||||||
8 | new or used dealer listed on the application pursuant
to | ||||||
9 | paragraph (2) of subsection (b).
| ||||||
10 | (2) The motor vehicle financing affiliate sells, | ||||||
11 | transfers, or assigns to
the new
motor vehicle dealer | ||||||
12 | listed on the application, if any, only those new motor
| ||||||
13 | vehicles the
motor vehicle financing affiliate has | ||||||
14 | received under the contract set forth in
paragraph (5)
of | ||||||
15 | subsection (b).
| ||||||
16 | (3) Any new vehicle dealer listed pursuant to paragraph | ||||||
17 | (2) of subsection
(b) has a
franchise agreement that | ||||||
18 | permits the dealer to receive motor vehicles from the
motor
| ||||||
19 | vehicle franchise affiliate.
| ||||||
20 | (4) The new or used motor vehicle dealer listed on the | ||||||
21 | application
pursuant to
paragraph (2) of subsection (b) has | ||||||
22 | one established place of business or
supplemental
places of | ||||||
23 | business as referenced in subsection (g).
| ||||||
24 | (g) The Secretary of State shall, within a reasonable time | ||||||
25 | after receipt,
examine an
application submitted pursuant to | ||||||
26 | this Section and, unless it is determined
that the
application |
| |||||||
| |||||||
1 | does not conform with the requirements of this Section or that
| ||||||
2 | grounds exist
for a denial of the application under Section | ||||||
3 | 5-501, grant the applicant a
motor vehicle
financing affiliate | ||||||
4 | license in writing for the applicant's established place of
| ||||||
5 | business and
a supplemental license in writing for each | ||||||
6 | additional place of business in a
form prescribed
by the | ||||||
7 | Secretary, which shall include all of the following:
| ||||||
8 | (1) The name of the business licensed;
| ||||||
9 | (2) The name and address of its officers, directors, or | ||||||
10 | members, as
applicable;
| ||||||
11 | (3) In the case of an original license, the established | ||||||
12 | place of business
of the
licensee; and
| ||||||
13 | (4) If applicable, the make or makes of new vehicles | ||||||
14 | which the licensee is
licensed
to sell to the new motor | ||||||
15 | vehicle dealer listed on the application pursuant to
| ||||||
16 | paragraph (2)
of subsection (b).
| ||||||
17 | (h) The appropriate instrument evidencing the license or a | ||||||
18 | certified copy,
provided by
the Secretary of State, shall be | ||||||
19 | kept posted conspicuously in the established
place of
business | ||||||
20 | of the licensee.
| ||||||
21 | (i) Except as provided in subsection (h), all motor vehicle | ||||||
22 | financing
affiliate's
licenses granted under this Section | ||||||
23 | shall expired by operation of law on
December 31 of
the | ||||||
24 | calendar year for which they are granted, unless revoked or | ||||||
25 | canceled at an
earlier date
pursuant to Section 5-501.
| ||||||
26 | (j) A motor vehicle financing affiliate's license may be |
| |||||||
| |||||||
1 | renewed upon
application and
payment of the required fee. | ||||||
2 | However, when an application for renewal of a
motor
vehicle | ||||||
3 | financing affiliate's license is made during the month of | ||||||
4 | December, the
effective
license shall remain in force until the | ||||||
5 | application is granted or denied by the
Secretary of
State.
| ||||||
6 | (k) The contract a motor vehicle financing affiliate has | ||||||
7 | with a manufacturer
or
franchised distributor, as provided in | ||||||
8 | paragraph (5) of subsection (b), shall
only permit
the | ||||||
9 | applicant to sell, transfer, or assign new motor vehicles to | ||||||
10 | the new motor
vehicle
dealer listed on the application pursuant | ||||||
11 | to paragraph (2) of subsection (b).
The contract
shall | ||||||
12 | specifically prohibit the motor vehicle financing affiliate | ||||||
13 | from selling
motor
vehicles at retail. This contract shall not | ||||||
14 | be considered the granting of a
franchise as
defined in Section | ||||||
15 | 2 of the Motor Vehicle Franchise Act.
| ||||||
16 | (l) When purchasing of a motor vehicle by a new or used | ||||||
17 | motor vehicle
dealer, all
persons licensed as a motor vehicle | ||||||
18 | financing affiliate are required to furnish
all of the
| ||||||
19 | following:
| ||||||
20 | (1) For a new vehicle, a manufacturer's statement of | ||||||
21 | origin properly
assigned to
the purchasing dealer. For a | ||||||
22 | used vehicle, a certificate of title properly
assigned to | ||||||
23 | the
purchasing dealer.
| ||||||
24 | (2) A statement verified under oath that all | ||||||
25 | identifying numbers on the
vehicle
agree with those on the | ||||||
26 | certificate of title or manufacturer's statement of
|
| |||||||
| |||||||
1 | origin.
| ||||||
2 | (3) A bill of sale properly executed on behalf of the | ||||||
3 | purchasing dealer.
| ||||||
4 | (4) A copy of the Uniform Invoice-transaction report | ||||||
5 | pursuant to Section
5-402.
| ||||||
6 | (5) In the case of a rebuilt vehicle, a copy of the | ||||||
7 | Disclosure of Rebuilt
Vehicle
Status pursuant to Section | ||||||
8 | 5-104.3.
| ||||||
9 | (6) In the case of a vehicle for which a warranty has | ||||||
10 | been reinstated, a
copy of the
warranty.
| ||||||
11 | (m) The motor vehicle financing affiliate shall use the | ||||||
12 | established and
supplemental
place or places of business the | ||||||
13 | new or used vehicle dealer listed on the
application
pursuant | ||||||
14 | to paragraph (2) of subsection (b) as its established and | ||||||
15 | supplemental
place or
places of business.
| ||||||
16 | (n) The motor vehicle financing affiliate shall keep all | ||||||
17 | books and records
required by
this Code with the books and | ||||||
18 | records of the new or used vehicle dealer listed
on the
| ||||||
19 | application pursuant to paragraph (2) of subsection (b). The | ||||||
20 | motor vehicle
financing
affiliate may use the books and records | ||||||
21 | of the new or used motor vehicle dealer
listed on
the | ||||||
22 | application pursuant to paragraph (2) of subsection (b).
| ||||||
23 | (o) Under no circumstances shall a motor vehicle financing | ||||||
24 | affiliate sell,
transfer, or
assign a new vehicle to any place | ||||||
25 | of business of a new motor vehicle dealer,
unless that
place of | ||||||
26 | business is licensed under this Chapter to sell, assign, or |
| |||||||
| |||||||
1 | otherwise
transfer the
make of the new motor vehicle | ||||||
2 | transferred.
| ||||||
3 | (p) All moneys received by the Secretary of State as | ||||||
4 | license fees under this
Section
shall be deposited into the | ||||||
5 | Motor Vehicle Review Board Fund and shall be used
to
administer | ||||||
6 | the Motor Vehicle Review Board under the Motor Vehicle | ||||||
7 | Franchise
Act.
| ||||||
8 | (q) Except as otherwise provided in this Section, a motor | ||||||
9 | vehicle financing
affiliate
shall comply with all provisions of | ||||||
10 | this Code.
| ||||||
11 | (Source: P.A. 91-415, eff. 1-1-00.)
| ||||||
12 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
13 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
14 | (a) No person, other than a licensed new vehicle dealer, | ||||||
15 | shall engage in
the business of selling or dealing in, on | ||||||
16 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
17 | during the year (except house trailers as
authorized by | ||||||
18 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
19 | by their rebuilders to persons licensed under this Chapter), or | ||||||
20 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
21 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
22 | or advertise that he is so engaged or intends to so engage in | ||||||
23 | such business unless licensed to
do so by the Secretary of | ||||||
24 | State under the provisions of this Section.
| ||||||
25 | (b) An application for a used vehicle dealer's license |
| |||||||
| |||||||
1 | shall be
filed with the Secretary of State, duly verified by | ||||||
2 | oath, in such form
as the Secretary of State may by rule or | ||||||
3 | regulation prescribe and shall
contain:
| ||||||
4 | 1. The name and type of business organization | ||||||
5 | established and additional
places of business, if any, in | ||||||
6 | this State.
| ||||||
7 | 2. If the applicant is a corporation, a list of its | ||||||
8 | officers,
directors, and shareholders having a ten percent | ||||||
9 | or greater ownership
interest in the corporation, setting | ||||||
10 | forth the residence address of
each; if the applicant is a | ||||||
11 | sole proprietorship, a partnership, an
unincorporated | ||||||
12 | association, a trust, or any similar form of business
| ||||||
13 | organization, the names and residence address of the | ||||||
14 | proprietor or of
each partner, member, officer, director, | ||||||
15 | trustee or manager.
| ||||||
16 | 3. A statement that the applicant has been approved for | ||||||
17 | registration
under the Retailers' Occupation Tax Act by the | ||||||
18 | Department of Revenue. However,
this requirement does not | ||||||
19 | apply to a dealer who is already licensed
hereunder with | ||||||
20 | the Secretary of State, and who is merely applying for a
| ||||||
21 | renewal of his license. As evidence of this fact, the | ||||||
22 | application shall be
accompanied by a certification from | ||||||
23 | the Department of Revenue showing that
the Department has | ||||||
24 | approved the applicant for registration under the
| ||||||
25 | Retailers' Occupation Tax Act.
| ||||||
26 | 4. A statement that the applicant has complied with the |
| |||||||
| |||||||
1 | appropriate
liability insurance requirement. A Certificate | ||||||
2 | of Insurance in a solvent
company authorized to do business | ||||||
3 | in the State of Illinois shall be included
with each | ||||||
4 | application covering each location at which he proposes to | ||||||
5 | act
as a used vehicle dealer. The policy must provide | ||||||
6 | liability coverage in
the minimum amounts of $100,000 for | ||||||
7 | bodily injury to, or death of, any person,
$300,000 for | ||||||
8 | bodily injury to, or death of, two or more persons in any | ||||||
9 | one
crash accident , and $50,000 for damage to property. | ||||||
10 | Such policy shall expire
not sooner than December 31 of the | ||||||
11 | year for which the license was issued
or renewed. The | ||||||
12 | expiration of the insurance policy shall not terminate
the | ||||||
13 | liability under the policy arising during the period for | ||||||
14 | which the policy
was filed. Trailer and mobile home dealers | ||||||
15 | are exempt from this requirement.
| ||||||
16 | If the permitted user has a liability insurance policy | ||||||
17 | that provides
automobile
liability insurance coverage of | ||||||
18 | at least $100,000 for bodily injury to or the
death of any
| ||||||
19 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
20 | or more persons in
any one
crash accident , and $50,000 for | ||||||
21 | damage to property,
then the permitted user's insurer shall | ||||||
22 | be the primary
insurer and the
dealer's insurer shall be | ||||||
23 | the secondary insurer. If the permitted user does not
have | ||||||
24 | a liability
insurance policy that provides automobile | ||||||
25 | liability insurance coverage of at
least
$100,000 for | ||||||
26 | bodily injury to or the death of any person, $300,000 for |
| |||||||
| |||||||
1 | bodily
injury to or
the death of any 2 or more persons in | ||||||
2 | any one crash accident , and $50,000 for damage
to
property, | ||||||
3 | or does not have any insurance at all,
then the
dealer's
| ||||||
4 | insurer shall be the primary insurer and the permitted | ||||||
5 | user's insurer shall be
the secondary
insurer.
| ||||||
6 | When a permitted user is "test driving" a used vehicle | ||||||
7 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
8 | shall be primary and the permitted user's
insurance shall | ||||||
9 | be secondary.
| ||||||
10 | As used in this paragraph 4, a "permitted user" is a | ||||||
11 | person who, with the
permission of the used vehicle dealer | ||||||
12 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
13 | owned and held for sale or lease by the used vehicle
dealer | ||||||
14 | which the person is considering to purchase or lease, in | ||||||
15 | order to
evaluate the performance, reliability, or | ||||||
16 | condition of the vehicle.
The term "permitted user" also | ||||||
17 | includes a person who, with the permission of
the used
| ||||||
18 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
19 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
20 | the user's vehicle is being repaired or evaluated.
| ||||||
21 | As used in this paragraph 4, "test driving" occurs when | ||||||
22 | a permitted user
who,
with the permission of the used | ||||||
23 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
24 | drives a vehicle owned and held for sale or lease by a used | ||||||
25 | vehicle
dealer that the person is considering to purchase | ||||||
26 | or lease, in order to
evaluate the performance, |
| |||||||
| |||||||
1 | reliability, or condition of the
vehicle.
| ||||||
2 | As used in this paragraph 4, "loaner purposes" means | ||||||
3 | when a person who,
with the permission of the used vehicle | ||||||
4 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
5 | the used vehicle dealer while the
user's vehicle is being | ||||||
6 | repaired or evaluated.
| ||||||
7 | 5. An application for a used vehicle dealer's license | ||||||
8 | shall be
accompanied by the following license fees:
| ||||||
9 | (A) $1,000 for applicant's established place of | ||||||
10 | business, and
$50 for
each additional place of | ||||||
11 | business, if any, to which the application
pertains; | ||||||
12 | however, if the application is made after June 15 of | ||||||
13 | any
year, the license fee shall be $500 for applicant's | ||||||
14 | established
place of
business plus $25 for each | ||||||
15 | additional place of business, if any,
to
which the | ||||||
16 | application pertains. License fees shall be returnable | ||||||
17 | only in
the event that the application is denied by
the | ||||||
18 | Secretary of State. Of the money received by the | ||||||
19 | Secretary of State as
license fees under this | ||||||
20 | subparagraph (A) for the 2004 licensing year and | ||||||
21 | thereafter, 95%
shall be deposited into the General | ||||||
22 | Revenue Fund.
| ||||||
23 | (B) Except for dealers selling 25 or fewer | ||||||
24 | automobiles or as provided in subsection (h) of Section | ||||||
25 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
26 | Fee in the amount of $500 for the applicant's |
| |||||||
| |||||||
1 | established place of business, and $50 for each | ||||||
2 | additional place of business, if any, to which the | ||||||
3 | application pertains; but if the application is made | ||||||
4 | after June 15 of any year, the fee shall be $250 for | ||||||
5 | the applicant's established place of business plus $25 | ||||||
6 | for each additional place of business, if any, to which | ||||||
7 | the application pertains. For a license renewal | ||||||
8 | application, the fee shall be based on the amount of | ||||||
9 | automobiles sold in the past year according to the | ||||||
10 | following formula: | ||||||
11 | (1) $0 for dealers selling 25 or less | ||||||
12 | automobiles; | ||||||
13 | (2) $150 for dealers selling more than 25 but | ||||||
14 | less than 200 automobiles; | ||||||
15 | (3) $300 for dealers selling 200 or more | ||||||
16 | automobiles but less than 300 automobiles; and | ||||||
17 | (4) $500 for dealers selling 300 or more | ||||||
18 | automobiles. | ||||||
19 | License fees shall be returnable only in the event | ||||||
20 | that the application is denied by the Secretary of | ||||||
21 | State. Moneys received under this subparagraph (B) | ||||||
22 | shall be deposited into the Dealer Recovery Trust Fund. | ||||||
23 | 6. A statement that the applicant's officers, | ||||||
24 | directors, shareholders
having a 10% or greater ownership | ||||||
25 | interest therein, proprietor, partner,
member, officer, | ||||||
26 | director, trustee, manager or other principals in the
|
| |||||||
| |||||||
1 | business have not committed in the past 3 years any one | ||||||
2 | violation as
determined in any civil, criminal or | ||||||
3 | administrative proceedings of any one
of the following | ||||||
4 | Acts:
| ||||||
5 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
6 | Code;
| ||||||
7 | (B) The Certificate of Title Laws of the Illinois | ||||||
8 | Vehicle Code;
| ||||||
9 | (C) The Offenses against Registration and | ||||||
10 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
11 | Code;
| ||||||
12 | (D) The Dealers, Transporters, Wreckers and | ||||||
13 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
14 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012, Criminal
Trespass to | ||||||
16 | Vehicles; or
| ||||||
17 | (F) The Retailers' Occupation Tax Act.
| ||||||
18 | 7. A statement that the applicant's officers, | ||||||
19 | directors,
shareholders having a 10% or greater ownership | ||||||
20 | interest therein,
proprietor, partner, member, officer, | ||||||
21 | director, trustee, manager or
other principals in the | ||||||
22 | business have not committed in any calendar year
3 or more | ||||||
23 | violations, as determined in any civil or criminal or
| ||||||
24 | administrative proceedings, of any one or more of the | ||||||
25 | following Acts:
| ||||||
26 | (A) The Consumer Finance Act;
|
| |||||||
| |||||||
1 | (B) The Consumer Installment Loan Act;
| ||||||
2 | (C) The Retail Installment Sales Act;
| ||||||
3 | (D) The Motor Vehicle Retail Installment Sales | ||||||
4 | Act;
| ||||||
5 | (E) The Interest Act;
| ||||||
6 | (F) The Illinois Wage Assignment Act;
| ||||||
7 | (G) Part 8 of Article XII of the Code of Civil | ||||||
8 | Procedure; or
| ||||||
9 | (H) The Consumer Fraud and Deceptive Business | ||||||
10 | Practices Act.
| ||||||
11 | 7.5. A statement that, within 10 years of application,
| ||||||
12 | each officer, director, shareholder having a
10% or greater | ||||||
13 | ownership interest therein, proprietor,
partner, member, | ||||||
14 | officer, director, trustee, manager, or
other principal in | ||||||
15 | the business of the applicant has not committed, as | ||||||
16 | determined
in any civil, criminal, or administrative | ||||||
17 | proceeding, in
any calendar year one or more
forcible | ||||||
18 | felonies under the Criminal Code of 1961 or the
Criminal | ||||||
19 | Code of 2012, or a violation of either or both Article 16 | ||||||
20 | or 17 of the Criminal Code of 1961 or a violation of either | ||||||
21 | or both Article 16 or 17 of the Criminal Code of 2012, | ||||||
22 | Article 29B of the Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012, or a similar out-of-state offense.
For the | ||||||
24 | purposes of this paragraph, "forcible felony" has
the | ||||||
25 | meaning provided in Section 2-8 of the Criminal Code
of | ||||||
26 | 2012. |
| |||||||
| |||||||
1 | 8. A bond or Certificate of Deposit in the amount of | ||||||
2 | $50,000 for
each location at which the applicant intends to | ||||||
3 | act as a used vehicle
dealer. The bond shall be for the | ||||||
4 | term of the license, or its renewal, for
which application | ||||||
5 | is made, and shall expire not sooner than December 31 of
| ||||||
6 | the year for which the license was issued or renewed. The | ||||||
7 | bond shall run
to the People of the State of Illinois, with | ||||||
8 | surety by a bonding or
insurance company authorized to do | ||||||
9 | business in this State. It shall be
conditioned upon the | ||||||
10 | proper transmittal of all title and registration fees
and | ||||||
11 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
12 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
13 | 9. Such other information concerning the business of | ||||||
14 | the applicant as
the Secretary of State may by rule or | ||||||
15 | regulation prescribe.
| ||||||
16 | 10. A statement that the applicant understands Chapter | ||||||
17 | 1 through
Chapter 5 of this Code.
| ||||||
18 | 11. A copy of the certification from the prelicensing | ||||||
19 | education
program. | ||||||
20 | (c) Any change which renders no longer accurate any | ||||||
21 | information
contained in any application for a used vehicle | ||||||
22 | dealer's license shall
be amended within 30 days after the | ||||||
23 | occurrence of each change on such
form as the Secretary of | ||||||
24 | State may prescribe by rule or regulation,
accompanied by an | ||||||
25 | amendatory fee of $2.
| ||||||
26 | (d) Anything in this Chapter to the contrary |
| |||||||
| |||||||
1 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
2 | dealer unless such person
maintains an established place of | ||||||
3 | business as
defined in this Chapter.
| ||||||
4 | (e) The Secretary of State shall, within a reasonable time | ||||||
5 | after
receipt, examine an application submitted to him under | ||||||
6 | this Section.
Unless the Secretary makes a determination that | ||||||
7 | the application
submitted to him does not conform to this | ||||||
8 | Section or that grounds exist
for a denial of the application | ||||||
9 | under Section 5-501 of this Chapter, he
must grant the | ||||||
10 | applicant an original used vehicle dealer's license in
writing | ||||||
11 | for his established place of business and a supplemental | ||||||
12 | license
in writing for each additional place of business in | ||||||
13 | such form as he may
prescribe by rule or regulation which shall | ||||||
14 | include the following:
| ||||||
15 | 1. The name of the person licensed;
| ||||||
16 | 2. If a corporation, the name and address of its | ||||||
17 | officers or if a
sole proprietorship, a partnership, an | ||||||
18 | unincorporated association or any
similar form of business | ||||||
19 | organization, the name and address of the
proprietor or of | ||||||
20 | each partner, member, officer, director, trustee or
| ||||||
21 | manager;
| ||||||
22 | 3. In case of an original license, the established | ||||||
23 | place of business
of the licensee;
| ||||||
24 | 4. In the case of a supplemental license, the | ||||||
25 | established place of
business of the licensee and the | ||||||
26 | additional place of business to which such
supplemental |
| |||||||
| |||||||
1 | license pertains.
| ||||||
2 | (f) The appropriate instrument evidencing the license or a | ||||||
3 | certified
copy thereof, provided by the Secretary of State | ||||||
4 | shall be kept posted,
conspicuously, in the established place | ||||||
5 | of business of the licensee and
in each additional place of | ||||||
6 | business, if any, maintained by such
licensee.
| ||||||
7 | (g) Except as provided in subsection (h) of this Section, | ||||||
8 | all used
vehicle dealer's licenses granted under this Section | ||||||
9 | expire by operation
of law on December 31 of the calendar year | ||||||
10 | for which they are granted
unless sooner revoked or cancelled | ||||||
11 | under Section 5-501 of this Chapter.
| ||||||
12 | (h) A used vehicle dealer's license may be renewed upon | ||||||
13 | application
and payment of the fee required herein, and | ||||||
14 | submission of proof of
coverage by an approved bond under the | ||||||
15 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
16 | subject to such bonding requirements, as
in the case of an | ||||||
17 | original license, but in case an application for the
renewal of | ||||||
18 | an effective license is made during the month of December,
the | ||||||
19 | effective license shall remain in force until the application | ||||||
20 | for
renewal is granted or denied by the Secretary of State.
| ||||||
21 | (i) All persons licensed as a used vehicle dealer are | ||||||
22 | required to
furnish each purchaser of a motor vehicle:
| ||||||
23 | 1. A certificate of title properly assigned to the | ||||||
24 | purchaser;
| ||||||
25 | 2. A statement verified under oath that all identifying | ||||||
26 | numbers on
the vehicle agree with those on the certificate |
| |||||||
| |||||||
1 | of title;
| ||||||
2 | 3. A bill of sale properly executed on behalf of such | ||||||
3 | person;
| ||||||
4 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
5 | return
referred to in Section 5-402 of this Chapter;
| ||||||
6 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
7 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
8 | 6. In the case of a vehicle for which the warranty has | ||||||
9 | been reinstated, a
copy of the warranty.
| ||||||
10 | (j) A real estate broker holding a valid certificate of | ||||||
11 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
12 | Salesmen License Act" may engage
in the business of selling or | ||||||
13 | dealing in house trailers not his own without
being licensed as | ||||||
14 | a used vehicle dealer under this Section; however such
broker | ||||||
15 | shall maintain a record of the transaction including the | ||||||
16 | following:
| ||||||
17 | (1) the name and address of the buyer and seller,
| ||||||
18 | (2) the date of sale,
| ||||||
19 | (3) a description of the mobile home, including the | ||||||
20 | vehicle identification
number, make, model, and year, and
| ||||||
21 | (4) the Illinois certificate of title number.
| ||||||
22 | The foregoing records shall be available for inspection by | ||||||
23 | any officer
of the Secretary of State's Office at any | ||||||
24 | reasonable hour.
| ||||||
25 | (k) Except at the time of sale or repossession of the | ||||||
26 | vehicle, no
person licensed as a used vehicle dealer may issue |
| |||||||
| |||||||
1 | any other person a newly
created key to a vehicle unless the | ||||||
2 | used vehicle dealer makes a color photocopy or electronic scan | ||||||
3 | of the
driver's license or State identification card of the | ||||||
4 | person requesting or
obtaining the newly created key. The used | ||||||
5 | vehicle dealer must retain the photocopy or scan
for 30 days.
| ||||||
6 | A used vehicle dealer who violates this subsection (k) is | ||||||
7 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
8 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
9 | used vehicle dealer's license. | ||||||
10 | (l) Used vehicle dealers licensed under this Section shall | ||||||
11 | provide the Secretary of State a register for the sale at | ||||||
12 | auction of each salvage or junk certificate vehicle. Each | ||||||
13 | register shall include the following information: | ||||||
14 | 1. The year, make, model, style and color of the | ||||||
15 | vehicle; | ||||||
16 | 2. The vehicle's manufacturer's identification number | ||||||
17 | or, if applicable, the Secretary of State or Illinois | ||||||
18 | Department of State Police identification number; | ||||||
19 | 3. The date of acquisition of the vehicle; | ||||||
20 | 4. The name and address of the person from whom the | ||||||
21 | vehicle was acquired; | ||||||
22 | 5. The name and address of the person to whom any | ||||||
23 | vehicle was disposed, the person's Illinois license number | ||||||
24 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
25 | the license number from the state or jurisdiction where the | ||||||
26 | buyer is licensed; and |
| |||||||
| |||||||
1 | 6. The purchase price of the vehicle. | ||||||
2 | The register shall be submitted to the Secretary of State | ||||||
3 | via written or electronic means within 10 calendar days from | ||||||
4 | the date of the auction.
| ||||||
5 | (Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; | ||||||
6 | 101-505, eff. 1-1-20 .)
| ||||||
7 | (625 ILCS 5/5-102.8) | ||||||
8 | Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle | ||||||
9 | dealers. | ||||||
10 | (a) As used in this Section, "Buy Here, Pay Here used | ||||||
11 | vehicle dealer" means any entity that engages in the business | ||||||
12 | of selling or leasing of vehicles and finances the sale or | ||||||
13 | purchase price of the vehicle to a customer without the | ||||||
14 | customer using a third-party lender. | ||||||
15 | (b) No person shall engage in
the business of selling or | ||||||
16 | dealing in, on consignment or otherwise, 5 or
more used | ||||||
17 | vehicles of any make during the year (except rebuilt salvage | ||||||
18 | vehicles
sold by their rebuilders to persons licensed under | ||||||
19 | this Chapter), or act as
an intermediary, agent, or broker for | ||||||
20 | any licensed dealer or vehicle
purchaser (other than as a | ||||||
21 | salesperson) or represent or advertise that he or she
is so | ||||||
22 | engaged or intends to so engage in such business of a Buy Here, | ||||||
23 | Pay Here used vehicle dealer unless licensed to
do so by the | ||||||
24 | Secretary of State under the provisions of this Section.
| ||||||
25 | (c) An application for a Buy Here, Pay Here used vehicle |
| |||||||
| |||||||
1 | dealer's license shall be
filed with the Secretary of State, | ||||||
2 | duly verified by oath, in such form
as the Secretary of State | ||||||
3 | may by rule or regulation prescribe and shall
contain:
| ||||||
4 | (1) The name and type of business organization | ||||||
5 | established and additional
places of business, if any, in | ||||||
6 | this State.
| ||||||
7 | (2) If the applicant is a corporation, a list of its | ||||||
8 | officers,
directors, and shareholders having a 10% or | ||||||
9 | greater ownership
interest in the corporation, setting | ||||||
10 | forth the residence address of
each; if the applicant is a | ||||||
11 | sole proprietorship, a partnership, an
unincorporated | ||||||
12 | association, a trust, or any similar form of business
| ||||||
13 | organization, the names and residence address of the | ||||||
14 | proprietor or of
each partner, member, officer, director, | ||||||
15 | trustee, or manager.
| ||||||
16 | (3) A statement that the applicant has been approved | ||||||
17 | for registration
under the Retailers' Occupation Tax Act by | ||||||
18 | the Department of Revenue. However,
this requirement does | ||||||
19 | not apply to a dealer who is already licensed
hereunder | ||||||
20 | with the Secretary of State, and who is merely applying for | ||||||
21 | a
renewal of his or her license. As evidence of this fact, | ||||||
22 | the application shall be
accompanied by a certification | ||||||
23 | from the Department of Revenue showing that
the Department | ||||||
24 | has approved the applicant for registration under the
| ||||||
25 | Retailers' Occupation Tax Act. | ||||||
26 | (4) A statement that the applicant has complied with |
| |||||||
| |||||||
1 | the appropriate
liability insurance requirement. A | ||||||
2 | Certificate of Insurance in a solvent
company authorized to | ||||||
3 | do business in the State of Illinois shall be included
with | ||||||
4 | each application covering each location at which he or she | ||||||
5 | proposes to act
as a Buy Here, Pay Here used vehicle | ||||||
6 | dealer. The policy must provide liability coverage in
the | ||||||
7 | minimum amounts of $100,000 for bodily injury to, or death | ||||||
8 | of, any person,
$300,000 for bodily injury to, or death of, | ||||||
9 | 2 or more persons in any one
crash accident , and $50,000 | ||||||
10 | for damage to property. Such policy shall expire
not sooner | ||||||
11 | than December 31 of the year for which the license was | ||||||
12 | issued
or renewed. The expiration of the insurance policy | ||||||
13 | shall not terminate
the liability under the policy arising | ||||||
14 | during the period for which the policy
was filed.
| ||||||
15 | If the permitted user has a liability insurance policy | ||||||
16 | that provides
automobile
liability insurance coverage of | ||||||
17 | at least $100,000 for bodily injury to or the
death of any
| ||||||
18 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
19 | or more persons in
any one
crash accident , and $50,000 for | ||||||
20 | damage to property,
then the permitted user's insurer shall | ||||||
21 | be the primary
insurer and the
dealer's insurer shall be | ||||||
22 | the secondary insurer. If the permitted user does not
have | ||||||
23 | a liability
insurance policy that provides automobile | ||||||
24 | liability insurance coverage of at
least
$100,000 for | ||||||
25 | bodily injury to or the death of any person, $300,000 for | ||||||
26 | bodily
injury to or
the death of any 2 or more persons in |
| |||||||
| |||||||
1 | any one crash accident , and $50,000 for damage
to
property, | ||||||
2 | or does not have any insurance at all,
then the
dealer's
| ||||||
3 | insurer shall be the primary insurer and the permitted | ||||||
4 | user's insurer shall be
the secondary
insurer. | ||||||
5 | When a permitted user is "test driving" a Buy Here, Pay | ||||||
6 | Here used vehicle dealer's automobile,
the Buy Here, Pay | ||||||
7 | Here used vehicle dealer's insurance shall be primary and | ||||||
8 | the permitted user's
insurance shall be secondary.
| ||||||
9 | As used in this paragraph, "permitted user" means a | ||||||
10 | person who, with the
permission of the Buy Here, Pay Here | ||||||
11 | used vehicle dealer or an employee of the Buy Here, Pay | ||||||
12 | Here used vehicle
dealer, drives a vehicle owned and held | ||||||
13 | for sale or lease by the Buy Here, Pay Here used vehicle
| ||||||
14 | dealer that the person is considering to purchase or lease, | ||||||
15 | in order to
evaluate the performance, reliability, or | ||||||
16 | condition of the vehicle.
"Permitted user" includes a | ||||||
17 | person who, with the permission of
the Buy Here, Pay Here | ||||||
18 | used
vehicle dealer, drives a vehicle owned or held for | ||||||
19 | sale or lease by the Buy Here, Pay Here used
vehicle dealer
| ||||||
20 | for loaner purposes while the user's vehicle is being | ||||||
21 | repaired or evaluated.
| ||||||
22 | As used in this paragraph, "test driving" occurs when a | ||||||
23 | permitted user
who,
with the permission of the Buy Here, | ||||||
24 | Pay Here used vehicle dealer or an employee of the Buy | ||||||
25 | Here, Pay Here used
vehicle
dealer, drives a vehicle owned | ||||||
26 | and held for sale or lease by a Buy Here, Pay Here used |
| |||||||
| |||||||
1 | vehicle
dealer that the person is considering to purchase | ||||||
2 | or lease, in order to
evaluate the performance, | ||||||
3 | reliability, or condition of the
vehicle.
| ||||||
4 | As used in this paragraph, "loaner purposes" means when | ||||||
5 | a person who,
with the permission of the Buy Here, Pay Here | ||||||
6 | used vehicle dealer, drives a vehicle owned or held
for | ||||||
7 | sale or lease by the used vehicle dealer while the
user's | ||||||
8 | vehicle is being repaired or evaluated.
| ||||||
9 | (5) An application for a Buy Here, Pay Here used | ||||||
10 | vehicle dealer's license shall be
accompanied by the | ||||||
11 | following license fees:
| ||||||
12 | (A) $1,000 for the applicant's established place | ||||||
13 | of business, and
$50 for
each additional place of | ||||||
14 | business, if any, to which the application
pertains; | ||||||
15 | however, if the application is made after June 15 of | ||||||
16 | any
year, the license fee shall be $500 for the | ||||||
17 | applicant's established
place of
business plus $25 for | ||||||
18 | each additional place of business, if any,
to
which the | ||||||
19 | application pertains. License fees shall be returnable | ||||||
20 | only if the application is denied by
the Secretary of | ||||||
21 | State. Of the money received by the Secretary of State | ||||||
22 | as
license fees under this subparagraph, 95%
shall be | ||||||
23 | deposited into the General Revenue Fund. | ||||||
24 | (B) Except for dealers selling 25 or fewer | ||||||
25 | automobiles or as provided in subsection (h) of Section | ||||||
26 | 5-102.7 of this Code, an Annual Dealer Recovery Fund |
| |||||||
| |||||||
1 | Fee in the amount of $500 for the applicant's | ||||||
2 | established place of business, and $50 for each | ||||||
3 | additional place of business, if any, to which the | ||||||
4 | application pertains; but if the application is made | ||||||
5 | after June 15 of any year, the fee shall be $250 for | ||||||
6 | the applicant's established place of business plus $25 | ||||||
7 | for each additional place of business, if any, to which | ||||||
8 | the application pertains. For a license renewal | ||||||
9 | application, the fee shall be based on the amount of | ||||||
10 | automobiles sold in the past year according to the | ||||||
11 | following formula: | ||||||
12 | (1) $0 for dealers selling 25 or less | ||||||
13 | automobiles; | ||||||
14 | (2) $150 for dealers selling more than 25 but | ||||||
15 | less than 200 automobiles; | ||||||
16 | (3) $300 for dealers selling 200 or more | ||||||
17 | automobiles but less than 300 automobiles; and | ||||||
18 | (4) $500 for dealers selling 300 or more | ||||||
19 | automobiles. | ||||||
20 | Fees shall be returnable only if the application is | ||||||
21 | denied by the Secretary of State. Money received under | ||||||
22 | this subparagraph shall be deposited into the Dealer | ||||||
23 | Recovery Trust Fund. A Buy Here, Pay Here used vehicle | ||||||
24 | dealer shall pay into the Dealer Recovery Trust Fund | ||||||
25 | for every vehicle that is financed, sold, or otherwise | ||||||
26 | transferred to an individual or entity other than the |
| |||||||
| |||||||
1 | Buy Here, Pay Here used vehicle dealer even if the | ||||||
2 | individual or entity to which the Buy Here, Pay Here | ||||||
3 | used vehicle dealer transfers the vehicle is unable to | ||||||
4 | continue to adhere to the terms of the transaction by | ||||||
5 | the Buy Here, Pay Here used vehicle dealer. | ||||||
6 | (6) A statement that each officer, director, | ||||||
7 | shareholder
having a 10% or greater ownership interest | ||||||
8 | therein, proprietor, partner,
member, officer, director, | ||||||
9 | trustee, manager, or other principal in the
business of the | ||||||
10 | applicant has not committed in the past 3 years any one | ||||||
11 | violation as
determined in any civil, criminal, or | ||||||
12 | administrative proceedings of any one
of the following:
| ||||||
13 | (A) the Anti-Theft Laws of this Code;
| ||||||
14 | (B) the Certificate of Title Laws of this Code;
| ||||||
15 | (C) the Offenses against Registration and | ||||||
16 | Certificates of Title
Laws of this Code;
| ||||||
17 | (D) the Dealers, Transporters, Wreckers and | ||||||
18 | Rebuilders Laws of this
Code;
| ||||||
19 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012, Criminal
Trespass to | ||||||
21 | Vehicles; or
| ||||||
22 | (F) the Retailers' Occupation Tax Act. | ||||||
23 | (7) A statement that each officer, director,
| ||||||
24 | shareholder having a 10% or greater ownership interest | ||||||
25 | therein,
proprietor, partner, member, officer, director, | ||||||
26 | trustee, manager, or
other principal in the business of the |
| |||||||
| |||||||
1 | applicant has not committed in any calendar year
3 or more | ||||||
2 | violations, as determined in any civil, criminal, or
| ||||||
3 | administrative proceedings, of any one or more of the | ||||||
4 | following:
| ||||||
5 | (A) the Consumer Finance Act;
| ||||||
6 | (B) the Consumer Installment Loan Act;
| ||||||
7 | (C) the Retail Installment Sales Act;
| ||||||
8 | (D) the Motor Vehicle Retail Installment Sales | ||||||
9 | Act;
| ||||||
10 | (E) the Interest Act;
| ||||||
11 | (F) the Illinois Wage Assignment Act;
| ||||||
12 | (G) Part 8 of Article XII of the Code of Civil | ||||||
13 | Procedure; or
| ||||||
14 | (H) the Consumer Fraud and Deceptive Business | ||||||
15 | Practices Act.
| ||||||
16 | (8) A statement that, within 10 years of application,
| ||||||
17 | each officer, director, shareholder having a
10% or greater | ||||||
18 | ownership interest therein, proprietor,
partner, member, | ||||||
19 | officer, director, trustee, manager, or
other principal in | ||||||
20 | the business of the applicant has not committed, as | ||||||
21 | determined
in any civil, criminal, or administrative | ||||||
22 | proceeding, in
any calendar year one or more
forcible | ||||||
23 | felonies under the Criminal Code of 1961 or the
Criminal | ||||||
24 | Code of 2012, or a violation of either or both Article 16 | ||||||
25 | or 17 of the Criminal Code of 1961, or a violation of | ||||||
26 | either or both Article 16 or 17 of the Criminal Code of |
| |||||||
| |||||||
1 | 2012, Article 29B of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, or a similar out-of-state offense.
| ||||||
3 | For the purposes of this paragraph, "forcible felony" has
| ||||||
4 | the meaning provided in Section 2-8 of the Criminal Code
of | ||||||
5 | 2012. | ||||||
6 | (9) A bond or Certificate of Deposit in the amount of | ||||||
7 | $50,000 for
each location at which the applicant intends to | ||||||
8 | act as a Buy Here, Pay Here used vehicle dealer. The bond | ||||||
9 | shall be for the term of the license. The bond shall run
to | ||||||
10 | the People of the State of Illinois, with surety by a | ||||||
11 | bonding or
insurance company authorized to do business in | ||||||
12 | this State. It shall be
conditioned upon the proper | ||||||
13 | transmittal of all title and registration fees
and taxes | ||||||
14 | (excluding taxes under the Retailers' Occupation Tax Act) | ||||||
15 | accepted
by the applicant as a Buy Here, Pay Here used | ||||||
16 | vehicle dealer. | ||||||
17 | (10) Such other information concerning the business of | ||||||
18 | the applicant as
the Secretary of State may by rule | ||||||
19 | prescribe.
| ||||||
20 | (11) A statement that the applicant understands | ||||||
21 | Chapter 1 through
Chapter 5 of this Code.
| ||||||
22 | (12) A copy of the certification from the prelicensing | ||||||
23 | education
program. | ||||||
24 | (d) Any change that renders no longer accurate any | ||||||
25 | information
contained in any application for a Buy Here, Pay | ||||||
26 | Here used vehicle dealer's license shall
be amended within 30 |
| |||||||
| |||||||
1 | days after the occurrence of each change on such
form as the | ||||||
2 | Secretary of State may prescribe by rule,
accompanied by an | ||||||
3 | amendatory fee of $2.
| ||||||
4 | (e) Anything in this Chapter to the contrary | ||||||
5 | notwithstanding, no
person shall be licensed as a Buy Here, Pay | ||||||
6 | Here used vehicle dealer unless the person
maintains an | ||||||
7 | established place of business as
defined in this Chapter.
| ||||||
8 | (f) The Secretary of State shall, within a reasonable time | ||||||
9 | after
receipt, examine an application submitted under this | ||||||
10 | Section.
Unless the Secretary makes a determination that the | ||||||
11 | application does not conform to this Section or that grounds | ||||||
12 | exist
for a denial of the application under Section 5-501 of | ||||||
13 | this Chapter, the Secretary
must grant the applicant an | ||||||
14 | original Buy Here, Pay Here used vehicle dealer's license in
| ||||||
15 | writing for his or her established place of business and a | ||||||
16 | supplemental license
in writing for each additional place of | ||||||
17 | business in such form as the Secretary may
prescribe by rule | ||||||
18 | that shall include the following:
| ||||||
19 | (1) The name of the person licensed.
| ||||||
20 | (2) If a corporation, the name and address of its | ||||||
21 | officers or if a
sole proprietorship, a partnership, an | ||||||
22 | unincorporated association, or any
similar form of | ||||||
23 | business organization, the name and address of the
| ||||||
24 | proprietor or of each partner, member, officer, director, | ||||||
25 | trustee, or
manager.
| ||||||
26 | (3) In the case of an original license, the established |
| |||||||
| |||||||
1 | place of business
of the licensee.
| ||||||
2 | (4) In the case of a supplemental license, the | ||||||
3 | established place of
business of the licensee and the | ||||||
4 | additional place of business to which the
supplemental | ||||||
5 | license pertains. | ||||||
6 | (g) The appropriate instrument evidencing the license or a | ||||||
7 | certified
copy thereof, provided by the Secretary of State | ||||||
8 | shall be kept posted,
conspicuously, in the established place | ||||||
9 | of business of the licensee and
in each additional place of | ||||||
10 | business, if any, maintained by the
licensee.
| ||||||
11 | (h) Except as provided in subsection (i), all Buy Here, Pay | ||||||
12 | Here used
vehicle dealer's licenses granted under this Section | ||||||
13 | expire by operation
of law on December 31 of the calendar year | ||||||
14 | for which they are granted
unless sooner revoked or cancelled | ||||||
15 | under Section 5-501 of this Chapter.
| ||||||
16 | (i) A Buy Here, Pay Here used vehicle dealer's license may | ||||||
17 | be renewed upon application
and payment of the fee required | ||||||
18 | herein, and submission of proof of
coverage by an approved bond | ||||||
19 | under the Retailers' Occupation Tax Act
or proof that the | ||||||
20 | applicant is not subject to such bonding requirements, as
in | ||||||
21 | the case of an original license, but in the case of an | ||||||
22 | application for the
renewal of an effective license made during | ||||||
23 | the month of December,
the effective license shall remain in | ||||||
24 | force until the application for
renewal is granted or denied by | ||||||
25 | the Secretary of State.
| ||||||
26 | (j) Each person licensed as a Buy Here, Pay Here used |
| |||||||
| |||||||
1 | vehicle dealer is required to
furnish each purchaser of a motor | ||||||
2 | vehicle:
| ||||||
3 | (1) a certificate of title properly assigned to the | ||||||
4 | purchaser;
| ||||||
5 | (2) a statement verified under oath that all | ||||||
6 | identifying numbers on
the vehicle agree with those on the | ||||||
7 | certificate of title;
| ||||||
8 | (3) a bill of sale properly executed on behalf of the | ||||||
9 | person;
| ||||||
10 | (4) a copy of the Uniform Invoice-transaction | ||||||
11 | reporting return
referred to in Section 5-402;
| ||||||
12 | (5) in the case of a rebuilt vehicle, a copy of the | ||||||
13 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
14 | (6) in the case of a vehicle for which the warranty has | ||||||
15 | been reinstated, a
copy of the warranty.
| ||||||
16 | (k) Except at the time of sale or repossession of the | ||||||
17 | vehicle, no
person licensed as a Buy Here, Pay Here used | ||||||
18 | vehicle dealer may issue any other person a newly
created key | ||||||
19 | to a vehicle unless the Buy Here, Pay Here used vehicle dealer | ||||||
20 | makes a color photocopy or electronic scan of the
driver's | ||||||
21 | license or State identification card of the person requesting | ||||||
22 | or
obtaining the newly created key. The Buy Here, Pay Here used | ||||||
23 | vehicle dealer must retain the photocopy or scan
for 30 days. | ||||||
24 | A Buy Here, Pay Here used vehicle dealer who violates this | ||||||
25 | subsection (k) is guilty of a
petty offense. Violation of this | ||||||
26 | subsection (k) is not cause to suspend,
revoke, cancel, or deny |
| |||||||
| |||||||
1 | renewal of the used vehicle dealer's license. | ||||||
2 | (l) A Buy Here, Pay Here used vehicle dealer licensed under | ||||||
3 | this Section shall provide the Secretary of State a register | ||||||
4 | for the sale at auction of each salvage or junk certificate | ||||||
5 | vehicle. Each register shall include the following | ||||||
6 | information: | ||||||
7 | (1) the year, make, model, style, and color of the | ||||||
8 | vehicle; | ||||||
9 | (2) the vehicle's manufacturer's identification number | ||||||
10 | or, if applicable, the Secretary of State or Illinois | ||||||
11 | Department of State Police identification number; | ||||||
12 | (3) the date of acquisition of the vehicle; | ||||||
13 | (4) the name and address of the person from whom the | ||||||
14 | vehicle was acquired; | ||||||
15 | (5) the name and address of the person to whom any | ||||||
16 | vehicle was disposed, the person's Illinois license number | ||||||
17 | or, if the person is an out-of-state salvage vehicle buyer, | ||||||
18 | the license number from the state or jurisdiction where the | ||||||
19 | buyer is licensed; and | ||||||
20 | (6) the purchase price of the vehicle. | ||||||
21 | The register shall be submitted to the Secretary of State | ||||||
22 | via written or electronic means within 10 calendar days from | ||||||
23 | the date of the auction.
| ||||||
24 | (Source: P.A. 101-505, eff. 1-1-20 .)
| ||||||
25 | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
|
| |||||||
| |||||||
1 | Sec. 6-101. Drivers must have licenses or permits.
| ||||||
2 | (a) No person, except those expressly exempted by Section | ||||||
3 | 6-102, shall
drive any motor vehicle upon a highway in this | ||||||
4 | State unless such person has
a valid license or permit, or a | ||||||
5 | restricted driving permit, issued under the
provisions of this | ||||||
6 | Act.
| ||||||
7 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
8 | valid
license or permit, or a restricted driving permit issued | ||||||
9 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||||
10 | Act. Any person to
whom a license is issued under the | ||||||
11 | provisions of this Act must surrender to
the Secretary of State | ||||||
12 | all valid licenses or permits, except that an applicant for a | ||||||
13 | non-domiciled commercial learner's permit or commercial | ||||||
14 | driver's license shall not be required to surrender a license | ||||||
15 | or permit issued by the applicant's state or country of | ||||||
16 | domicile. No drivers license or instruction permit
shall be | ||||||
17 | issued to any person who holds a valid Foreign State license,
| ||||||
18 | identification card, or permit
unless such person first | ||||||
19 | surrenders to the Secretary of State any such
valid Foreign | ||||||
20 | State license,
identification card, or permit.
| ||||||
21 | (b-5) Any person who commits a violation of subsection (a) | ||||||
22 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
23 | at the time of the violation the person's driver's license or | ||||||
24 | permit was cancelled under clause (a)9 of Section 6-201 of this | ||||||
25 | Code.
| ||||||
26 | (c) Any person licensed as a driver hereunder shall not be |
| |||||||
| |||||||
1 | required by
any city, village, incorporated town or other | ||||||
2 | municipal corporation to
obtain any other license to exercise | ||||||
3 | the privilege thereby granted.
| ||||||
4 | (d) In addition to other penalties imposed under this | ||||||
5 | Section, any person
in violation of this Section who is also in | ||||||
6 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
7 | insurance requirements shall have his or her motor
vehicle | ||||||
8 | immediately impounded by the arresting law enforcement | ||||||
9 | officer. The
motor vehicle may be released to any licensed | ||||||
10 | driver upon a showing of proof of
insurance for the motor | ||||||
11 | vehicle that was impounded and the notarized written
consent | ||||||
12 | for the release by the vehicle owner.
| ||||||
13 | (e) In addition to other penalties imposed under this | ||||||
14 | Section, the
vehicle
of any person
in violation of this Section | ||||||
15 | who is also in violation of Section 7-601 of this
Code relating | ||||||
16 | to mandatory insurance requirements and who, in violating this
| ||||||
17 | Section, has caused death or personal injury to another person | ||||||
18 | is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||||||
19 | Criminal Code of 2012.
For the purposes of this Section, a | ||||||
20 | personal injury shall include
any type A injury as indicated on | ||||||
21 | the traffic crash accident report completed
by a law | ||||||
22 | enforcement officer that requires immediate professional | ||||||
23 | attention
in either a doctor's office or a medical facility. A | ||||||
24 | type A injury shall
include severely bleeding wounds, distorted | ||||||
25 | extremities, and injuries that
require the injured party to be | ||||||
26 | carried from the scene.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; | ||||||
2 | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. | ||||||
3 | 99-414 for the effective date of changes made by P.A. 98-176).)
| ||||||
4 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
5 | Sec. 6-106.1. School bus driver permit.
| ||||||
6 | (a) The Secretary of State shall issue a school bus driver
| ||||||
7 | permit to those applicants who have met all the requirements of | ||||||
8 | the
application and screening process under this Section to | ||||||
9 | insure the
welfare and safety of children who are transported | ||||||
10 | on school buses
throughout the State of Illinois. Applicants | ||||||
11 | shall obtain the
proper application required by the Secretary | ||||||
12 | of State from their
prospective or current employer and submit | ||||||
13 | the completed
application to the prospective or current | ||||||
14 | employer along
with the necessary fingerprint submission as | ||||||
15 | required by the
Department of
State Police to conduct | ||||||
16 | fingerprint based criminal background
checks on current and | ||||||
17 | future information available in the state
system and current | ||||||
18 | information available through the Federal Bureau
of | ||||||
19 | Investigation's system. Applicants who have completed the
| ||||||
20 | fingerprinting requirements shall not be subjected to the
| ||||||
21 | fingerprinting process when applying for subsequent permits or
| ||||||
22 | submitting proof of successful completion of the annual | ||||||
23 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
24 | effective date of Public Act 88-612) possess a valid
school bus | ||||||
25 | driver permit that has been previously issued by the |
| |||||||
| |||||||
1 | appropriate
Regional School Superintendent are not subject to | ||||||
2 | the fingerprinting
provisions of this Section as long as the | ||||||
3 | permit remains valid and does not
lapse. The applicant shall be | ||||||
4 | required to pay all related
application and fingerprinting fees | ||||||
5 | as established by rule
including, but not limited to, the | ||||||
6 | amounts established by the Department of
State Police and the | ||||||
7 | Federal Bureau of Investigation to process
fingerprint based | ||||||
8 | criminal background investigations. All fees paid for
| ||||||
9 | fingerprint processing services under this Section shall be | ||||||
10 | deposited into the
State Police Services Fund for the cost | ||||||
11 | incurred in processing the fingerprint
based criminal | ||||||
12 | background investigations. All other fees paid under this
| ||||||
13 | Section shall be deposited into the Road
Fund for the purpose | ||||||
14 | of defraying the costs of the Secretary of State in
| ||||||
15 | administering this Section. All applicants must:
| ||||||
16 | 1. be 21 years of age or older;
| ||||||
17 | 2. possess a valid and properly classified driver's | ||||||
18 | license
issued by the Secretary of State;
| ||||||
19 | 3. possess a valid driver's license, which has not been
| ||||||
20 | revoked, suspended, or canceled for 3 years immediately | ||||||
21 | prior to
the date of application, or have not had his or | ||||||
22 | her commercial motor vehicle
driving privileges
| ||||||
23 | disqualified within the 3 years immediately prior to the | ||||||
24 | date of application;
| ||||||
25 | 4. successfully pass a written test, administered by | ||||||
26 | the
Secretary of State, on school bus operation, school bus |
| |||||||
| |||||||
1 | safety, and
special traffic laws relating to school buses | ||||||
2 | and submit to a review
of the applicant's driving habits by | ||||||
3 | the Secretary of State at the time the
written test is | ||||||
4 | given;
| ||||||
5 | 5. demonstrate ability to exercise reasonable care in | ||||||
6 | the operation of
school buses in accordance with rules | ||||||
7 | promulgated by the Secretary of State;
| ||||||
8 | 6. demonstrate physical fitness to operate school | ||||||
9 | buses by
submitting the results of a medical examination, | ||||||
10 | including tests for drug
use for each applicant not subject | ||||||
11 | to such testing pursuant to
federal law, conducted by a | ||||||
12 | licensed physician, a licensed advanced practice | ||||||
13 | registered nurse, or a licensed physician assistant
within | ||||||
14 | 90 days of the date
of application according to standards | ||||||
15 | promulgated by the Secretary of State;
| ||||||
16 | 7. affirm under penalties of perjury that he or she has | ||||||
17 | not made a
false statement or knowingly concealed a | ||||||
18 | material fact
in any application for permit;
| ||||||
19 | 8. have completed an initial classroom course, | ||||||
20 | including first aid
procedures, in school bus driver safety | ||||||
21 | as promulgated by the Secretary of
State; and after | ||||||
22 | satisfactory completion of said initial course an annual
| ||||||
23 | refresher course; such courses and the agency or | ||||||
24 | organization conducting such
courses shall be approved by | ||||||
25 | the Secretary of State; failure to
complete the annual | ||||||
26 | refresher course, shall result in
cancellation of the |
| |||||||
| |||||||
1 | permit until such course is completed;
| ||||||
2 | 9. not have been under an order of court supervision | ||||||
3 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
4 | defined by rule, within one year prior to the date of | ||||||
5 | application that may
endanger the life or safety of any of | ||||||
6 | the driver's passengers within the
duration of the permit | ||||||
7 | period;
| ||||||
8 | 10. not have been under an order of court supervision | ||||||
9 | for or convicted of reckless driving, aggravated reckless | ||||||
10 | driving, driving while under the influence of alcohol, | ||||||
11 | other drug or drugs, intoxicating compound or compounds or | ||||||
12 | any combination thereof, or reckless homicide resulting | ||||||
13 | from the operation of a motor
vehicle within 3 years of the | ||||||
14 | date of application;
| ||||||
15 | 11. not have been convicted of committing or attempting
| ||||||
16 | to commit any
one or more of the following offenses: (i) | ||||||
17 | those offenses defined in
Sections 8-1, 8-1.2, 9-1, 9-1.2, | ||||||
18 | 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
| ||||||
19 | 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
20 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
21 | 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, | ||||||
22 | 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, | ||||||
23 | 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
24 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
25 | 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1, | ||||||
26 | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, |
| |||||||
| |||||||
1 | 12-4.9,
12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, | ||||||
2 | 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, | ||||||
3 | 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, | ||||||
4 | 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, | ||||||
5 | 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | ||||||
6 | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, | ||||||
7 | 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in | ||||||
8 | subsection (A), clauses (a) and (b), of Section 24-3, and | ||||||
9 | those offenses contained in Article 29D of the Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012; (ii) those | ||||||
11 | offenses defined in the
Cannabis Control Act except those | ||||||
12 | offenses defined in subsections (a) and
(b) of Section 4, | ||||||
13 | and subsection (a) of Section 5 of the Cannabis Control
| ||||||
14 | Act; (iii) those offenses defined in the Illinois | ||||||
15 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
16 | the Methamphetamine Control and Community Protection Act; | ||||||
17 | and (v) any offense committed or attempted in any other | ||||||
18 | state or against
the laws of the United States, which if | ||||||
19 | committed or attempted in this
State would be punishable as | ||||||
20 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
21 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
22 | Act or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012; (vii) those offenses defined in | ||||||
24 | Section 6-16 of the Liquor Control Act of
1934;
and (viii) | ||||||
25 | those offenses defined in the Methamphetamine Precursor | ||||||
26 | Control Act;
|
| |||||||
| |||||||
1 | 12. not have been repeatedly involved as a driver in | ||||||
2 | motor vehicle
collisions or been repeatedly convicted of | ||||||
3 | offenses against
laws and ordinances regulating the | ||||||
4 | movement of traffic, to a degree which
indicates lack of | ||||||
5 | ability to exercise ordinary and reasonable care in the
| ||||||
6 | safe operation of a motor vehicle or disrespect for the | ||||||
7 | traffic laws and
the safety of other persons upon the | ||||||
8 | highway;
| ||||||
9 | 13. not have, through the unlawful operation of a motor
| ||||||
10 | vehicle, caused a crash an accident resulting in the death | ||||||
11 | of any person;
| ||||||
12 | 14. not have, within the last 5 years, been adjudged to | ||||||
13 | be
afflicted with or suffering from any mental disability | ||||||
14 | or disease;
| ||||||
15 | 15. consent, in writing, to the release of results of | ||||||
16 | reasonable suspicion drug and alcohol testing under | ||||||
17 | Section 6-106.1c of this Code by the employer of the | ||||||
18 | applicant to the Secretary of State; and | ||||||
19 | 16. not have been convicted of committing or attempting | ||||||
20 | to commit within the last 20 years: (i) an offense defined | ||||||
21 | in subsection (c) of Section 4, subsection (b) of Section | ||||||
22 | 5, and subsection (a) of Section 8 of the Cannabis Control | ||||||
23 | Act; or (ii) any offenses in any other state or against the | ||||||
24 | laws of the United States that, if committed or attempted | ||||||
25 | in this State, would be punishable as one or more of the | ||||||
26 | foregoing offenses. |
| |||||||
| |||||||
1 | (b) A school bus driver permit shall be valid for a period | ||||||
2 | specified by
the Secretary of State as set forth by rule. It | ||||||
3 | shall be renewable upon compliance with subsection (a) of this
| ||||||
4 | Section.
| ||||||
5 | (c) A school bus driver permit shall contain the holder's | ||||||
6 | driver's
license number, legal name, residence address, zip | ||||||
7 | code, and date
of birth, a brief description of the holder and | ||||||
8 | a space for signature. The
Secretary of State may require a | ||||||
9 | suitable photograph of the holder.
| ||||||
10 | (d) The employer shall be responsible for conducting a | ||||||
11 | pre-employment
interview with prospective school bus driver | ||||||
12 | candidates, distributing school
bus driver applications and | ||||||
13 | medical forms to be completed by the applicant, and
submitting | ||||||
14 | the applicant's fingerprint cards to the Department of State | ||||||
15 | Police
that are required for the criminal background | ||||||
16 | investigations. The employer
shall certify in writing to the | ||||||
17 | Secretary of State that all pre-employment
conditions have been | ||||||
18 | successfully completed including the successful completion
of | ||||||
19 | an Illinois specific criminal background investigation through | ||||||
20 | the
Department of State Police and the submission of necessary
| ||||||
21 | fingerprints to the Federal Bureau of Investigation for | ||||||
22 | criminal
history information available through the Federal | ||||||
23 | Bureau of
Investigation system. The applicant shall present the
| ||||||
24 | certification to the Secretary of State at the time of | ||||||
25 | submitting
the school bus driver permit application.
| ||||||
26 | (e) Permits shall initially be provisional upon receiving
|
| |||||||
| |||||||
1 | certification from the employer that all pre-employment | ||||||
2 | conditions
have been successfully completed, and upon | ||||||
3 | successful completion of
all training and examination | ||||||
4 | requirements for the classification of
the vehicle to be | ||||||
5 | operated, the Secretary of State shall
provisionally issue a | ||||||
6 | School Bus Driver Permit. The permit shall
remain in a | ||||||
7 | provisional status pending the completion of the
Federal Bureau | ||||||
8 | of Investigation's criminal background investigation based
| ||||||
9 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
10 | of
Investigation by the Department of State Police. The Federal | ||||||
11 | Bureau of
Investigation shall report the findings directly to | ||||||
12 | the Secretary
of State. The Secretary of State shall remove the | ||||||
13 | bus driver
permit from provisional status upon the applicant's | ||||||
14 | successful
completion of the Federal Bureau of Investigation's | ||||||
15 | criminal
background investigation.
| ||||||
16 | (f) A school bus driver permit holder shall notify the
| ||||||
17 | employer and the Secretary of State if he or she is issued an | ||||||
18 | order of court supervision for or convicted in
another state of | ||||||
19 | an offense that would make him or her ineligible
for a permit | ||||||
20 | under subsection (a) of this Section. The
written notification | ||||||
21 | shall be made within 5 days of the entry of
the order of court | ||||||
22 | supervision or conviction. Failure of the permit holder to | ||||||
23 | provide the
notification is punishable as a petty
offense for a | ||||||
24 | first violation and a Class B misdemeanor for a
second or | ||||||
25 | subsequent violation.
| ||||||
26 | (g) Cancellation; suspension; notice and procedure.
|
| |||||||
| |||||||
1 | (1) The Secretary of State shall cancel a school bus
| ||||||
2 | driver permit of an applicant whose criminal background | ||||||
3 | investigation
discloses that he or she is not in compliance | ||||||
4 | with the provisions of subsection
(a) of this Section.
| ||||||
5 | (2) The Secretary of State shall cancel a school
bus | ||||||
6 | driver permit when he or she receives notice that the | ||||||
7 | permit holder fails
to comply with any provision of this | ||||||
8 | Section or any rule promulgated for the
administration of | ||||||
9 | this Section.
| ||||||
10 | (3) The Secretary of State shall cancel a school bus
| ||||||
11 | driver permit if the permit holder's restricted commercial | ||||||
12 | or
commercial driving privileges are withdrawn or | ||||||
13 | otherwise
invalidated.
| ||||||
14 | (4) The Secretary of State may not issue a school bus
| ||||||
15 | driver permit for a period of 3 years to an applicant who | ||||||
16 | fails to
obtain a negative result on a drug test as | ||||||
17 | required in item 6 of
subsection (a) of this Section or | ||||||
18 | under federal law.
| ||||||
19 | (5) The Secretary of State shall forthwith suspend
a | ||||||
20 | school bus driver permit for a period of 3 years upon | ||||||
21 | receiving
notice that the holder has failed to obtain a | ||||||
22 | negative result on a
drug test as required in item 6 of | ||||||
23 | subsection (a) of this Section
or under federal law.
| ||||||
24 | (6) The Secretary of State shall suspend a school bus | ||||||
25 | driver permit for a period of 3 years upon receiving notice | ||||||
26 | from the employer that the holder failed to perform the |
| |||||||
| |||||||
1 | inspection procedure set forth in subsection (a) or (b) of | ||||||
2 | Section 12-816 of this Code. | ||||||
3 | (7) The Secretary of State shall suspend a school bus | ||||||
4 | driver permit for a period of 3 years upon receiving notice | ||||||
5 | from the employer that the holder refused to submit to an | ||||||
6 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
7 | submitted to a test required by that Section which | ||||||
8 | disclosed an alcohol concentration of more than 0.00 or | ||||||
9 | disclosed a positive result on a National Institute on Drug | ||||||
10 | Abuse five-drug panel, utilizing federal standards set | ||||||
11 | forth in 49 CFR 40.87. | ||||||
12 | The Secretary of State shall notify the State | ||||||
13 | Superintendent
of Education and the permit holder's | ||||||
14 | prospective or current
employer that the applicant has (1) has | ||||||
15 | failed a criminal
background investigation or (2) is no
longer | ||||||
16 | eligible for a school bus driver permit; and of the related
| ||||||
17 | cancellation of the applicant's provisional school bus driver | ||||||
18 | permit. The
cancellation shall remain in effect pending the | ||||||
19 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
20 | The scope of the
hearing shall be limited to the issuance | ||||||
21 | criteria contained in
subsection (a) of this Section. A | ||||||
22 | petition requesting a
hearing shall be submitted to the | ||||||
23 | Secretary of State and shall
contain the reason the individual | ||||||
24 | feels he or she is entitled to a
school bus driver permit. The | ||||||
25 | permit holder's
employer shall notify in writing to the | ||||||
26 | Secretary of State
that the employer has certified the removal |
| |||||||
| |||||||
1 | of the offending school
bus driver from service prior to the | ||||||
2 | start of that school bus
driver's next workshift. An employing | ||||||
3 | school board that fails to
remove the offending school bus | ||||||
4 | driver from service is
subject to the penalties defined in | ||||||
5 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
6 | violates a provision of this Section is
subject to the | ||||||
7 | penalties defined in Section 6-106.11.
| ||||||
8 | All valid school bus driver permits issued under this | ||||||
9 | Section
prior to January 1, 1995, shall remain effective until | ||||||
10 | their
expiration date unless otherwise invalidated.
| ||||||
11 | (h) When a school bus driver permit holder who is a service | ||||||
12 | member is called to active duty, the employer of the permit | ||||||
13 | holder shall notify the Secretary of State, within 30 days of | ||||||
14 | notification from the permit holder, that the permit holder has | ||||||
15 | been called to active duty. Upon notification pursuant to this | ||||||
16 | subsection, (i) the Secretary of State shall characterize the | ||||||
17 | permit as inactive until a permit holder renews the permit as | ||||||
18 | provided in subsection (i) of this Section, and (ii) if a | ||||||
19 | permit holder fails to comply with the requirements of this | ||||||
20 | Section while called to active duty, the Secretary of State | ||||||
21 | shall not characterize the permit as invalid. | ||||||
22 | (i) A school bus driver permit holder who is a service | ||||||
23 | member returning from active duty must, within 90 days, renew a | ||||||
24 | permit characterized as inactive pursuant to subsection (h) of | ||||||
25 | this Section by complying with the renewal requirements of | ||||||
26 | subsection (b) of this Section. |
| |||||||
| |||||||
1 | (j) For purposes of subsections (h) and (i) of this | ||||||
2 | Section: | ||||||
3 | "Active duty" means active duty pursuant to an executive | ||||||
4 | order of the President of the United States, an act of the | ||||||
5 | Congress of the United States, or an order of the Governor. | ||||||
6 | "Service member" means a member of the Armed Services or | ||||||
7 | reserve forces of the United States or a member of the Illinois | ||||||
8 | National Guard. | ||||||
9 | (k) A private carrier employer of a school bus driver | ||||||
10 | permit holder, having satisfied the employer requirements of | ||||||
11 | this Section, shall be held to a standard of ordinary care for | ||||||
12 | intentional acts committed in the course of employment by the | ||||||
13 | bus driver permit holder. This subsection (k) shall in no way | ||||||
14 | limit the liability of the private carrier employer for | ||||||
15 | violation of any provision of this Section or for the negligent | ||||||
16 | hiring or retention of a school bus driver permit holder. | ||||||
17 | (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20 .)
| ||||||
18 | (625 ILCS 5/6-106.1a)
| ||||||
19 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
20 | trace of alcohol.
| ||||||
21 | (a) A person who has been issued a school bus driver permit | ||||||
22 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
23 | this Code and who drives or is
in actual physical control of a | ||||||
24 | school bus
or any other vehicle owned or operated by or for a | ||||||
25 | public or private
school, or a school operated by a religious |
| |||||||
| |||||||
1 | institution, when the vehicle is
being used over a regularly | ||||||
2 | scheduled route for the transportation of persons
enrolled as | ||||||
3 | students in grade 12 or below, in connection with any activity | ||||||
4 | of
the entities listed, upon the public highways of this State | ||||||
5 | shall be
deemed to have given consent to a chemical test or | ||||||
6 | tests of blood, breath, other bodily substance, or
urine for | ||||||
7 | the purpose of determining the alcohol content of the person's | ||||||
8 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
9 | Traffic Ticket for any violation of this
Code or a similar | ||||||
10 | provision of a local ordinance, if a police officer
has | ||||||
11 | probable cause to believe that the driver has consumed any | ||||||
12 | amount of an
alcoholic beverage based upon evidence of the | ||||||
13 | driver's physical condition
or other first hand knowledge of | ||||||
14 | the police officer. The test or tests shall
be administered at | ||||||
15 | the direction of the arresting officer. The law enforcement
| ||||||
16 | agency employing the officer shall designate which of the | ||||||
17 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
18 | substance test may be administered even after a blood or breath
| ||||||
19 | test or both has been administered.
| ||||||
20 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
21 | in a condition
rendering that person incapable of refusal, | ||||||
22 | shall be deemed not to have
withdrawn the consent provided by | ||||||
23 | paragraph (a) of this Section and the test or
tests may be | ||||||
24 | administered subject to the following provisions:
| ||||||
25 | (1) Chemical analysis of the person's blood, urine, | ||||||
26 | breath, or
other bodily substance,
to be considered valid |
| |||||||
| |||||||
1 | under the provisions of this Section, shall have been
| ||||||
2 | performed according to standards promulgated by the | ||||||
3 | Department of State Police by an
individual
possessing a | ||||||
4 | valid permit issued by the Department of State Police for | ||||||
5 | this
purpose. The
Director of State Police is authorized to | ||||||
6 | approve satisfactory techniques
or
methods, to ascertain | ||||||
7 | the qualifications and competence of individuals to
| ||||||
8 | conduct analyses, to issue
permits that shall be subject to | ||||||
9 | termination or revocation at the direction of
the | ||||||
10 | Department of State Police, and to certify the
accuracy of | ||||||
11 | breath testing
equipment. The
Department of State Police | ||||||
12 | shall prescribe rules as
necessary.
| ||||||
13 | (2) When a person submits to a blood test at the | ||||||
14 | request of a law
enforcement officer under the provisions | ||||||
15 | of this Section, only a physician
authorized to practice | ||||||
16 | medicine, a licensed physician assistant, a licensed | ||||||
17 | advanced practice registered nurse, a registered nurse, or | ||||||
18 | other qualified person
trained in venipuncture and acting | ||||||
19 | under the direction of a licensed physician
may withdraw | ||||||
20 | blood for the purpose of determining the alcohol content.
| ||||||
21 | This limitation does not apply to the taking of breath, | ||||||
22 | other bodily substance, or urine specimens.
| ||||||
23 | (3) The person tested may have a physician, qualified | ||||||
24 | technician, chemist,
registered nurse, or other qualified | ||||||
25 | person of his or her own choosing
administer a chemical | ||||||
26 | test or tests in addition to any test or tests
administered |
| |||||||
| |||||||
1 | at the direction of a law enforcement officer. The test
| ||||||
2 | administered at the request of the person may be admissible | ||||||
3 | into evidence at a
hearing conducted in accordance with | ||||||
4 | Section 2-118 of this Code. The failure
or inability to | ||||||
5 | obtain an additional test by a person shall not preclude | ||||||
6 | the
consideration of the previously performed chemical | ||||||
7 | test.
| ||||||
8 | (4) Upon a request of the person who submits to a | ||||||
9 | chemical test or tests
at the request of a law enforcement | ||||||
10 | officer, full information concerning the
test or tests | ||||||
11 | shall be made available to the person or that person's
| ||||||
12 | attorney by the requesting law enforcement agency within 72 | ||||||
13 | hours of receipt of
the test result.
| ||||||
14 | (5) Alcohol concentration means either grams of | ||||||
15 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
16 | per 210 liters of breath.
| ||||||
17 | (6) If a driver is receiving medical treatment as a | ||||||
18 | result of a motor
vehicle crash accident , a physician | ||||||
19 | licensed to practice medicine, licensed physician | ||||||
20 | assistant, licensed advanced practice registered nurse, | ||||||
21 | registered nurse,
or other qualified person trained in | ||||||
22 | venipuncture and acting under the
direction of a
licensed | ||||||
23 | physician shall withdraw blood for testing purposes to | ||||||
24 | ascertain the
presence of alcohol upon the specific request | ||||||
25 | of a law enforcement officer.
However, that testing shall | ||||||
26 | not be performed until, in the opinion of the
medical |
| |||||||
| |||||||
1 | personnel on scene, the withdrawal can be made without | ||||||
2 | interfering with
or endangering the well-being of the | ||||||
3 | patient.
| ||||||
4 | (c) A person requested to submit to a test as provided in | ||||||
5 | this Section shall
be warned
by the law enforcement officer | ||||||
6 | requesting the test that a refusal to submit to
the test, or
| ||||||
7 | submission to the test resulting in an alcohol concentration of | ||||||
8 | more than 0.00,
may result
in the loss of that person's | ||||||
9 | privilege to possess a school bus driver
permit. The loss of | ||||||
10 | the individual's privilege to possess a school bus driver
| ||||||
11 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
12 | this Code. A person requested to submit to a test under this | ||||||
13 | Section shall also acknowledge, in writing, receipt of the | ||||||
14 | warning required under this subsection (c). If the person | ||||||
15 | refuses to acknowledge receipt of the warning, the law | ||||||
16 | enforcement officer shall make a written notation on the | ||||||
17 | warning that the person refused to sign the warning. A person's | ||||||
18 | refusal to sign the warning shall not be evidence that the | ||||||
19 | person was not read the warning.
| ||||||
20 | (d) If the person refuses testing or submits to a test that | ||||||
21 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
22 | enforcement officer shall
immediately submit a sworn report to | ||||||
23 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
24 | State certifying that the test or tests were
requested under | ||||||
25 | subsection (a) and the person refused to submit to a test or
| ||||||
26 | tests or submitted to testing which disclosed an alcohol |
| |||||||
| |||||||
1 | concentration of more
than 0.00. The law enforcement officer | ||||||
2 | shall submit the same sworn report when
a person who has been | ||||||
3 | issued a school bus driver permit and who was operating a
| ||||||
4 | school bus or any other vehicle owned
or operated by or for a | ||||||
5 | public or private school, or a school operated by a
religious | ||||||
6 | institution, when the vehicle is being used over a regularly
| ||||||
7 | scheduled route for the transportation of persons enrolled as | ||||||
8 | students in grade
12 or below, in connection with
any activity | ||||||
9 | of the entities listed, submits to testing under Section | ||||||
10 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
11 | concentration of more than
0.00 and less than the alcohol | ||||||
12 | concentration at which driving or being in
actual physical | ||||||
13 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
14 | subsection (a) of Section 11-501.
| ||||||
15 | Upon receipt of the sworn report of a law enforcement | ||||||
16 | officer, the Secretary
of State shall enter the school bus | ||||||
17 | driver permit sanction on the
individual's driving record and | ||||||
18 | the sanction shall be effective on the
46th day following the | ||||||
19 | date notice of the sanction was given to the person.
| ||||||
20 | The law enforcement officer submitting the sworn report | ||||||
21 | shall serve immediate
notice of this school bus driver permit | ||||||
22 | sanction on the person and the sanction
shall be effective on | ||||||
23 | the 46th day following the date notice was given.
| ||||||
24 | In cases where the blood alcohol concentration of more than | ||||||
25 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
26 | bodily substance, or urine, the police officer or
arresting |
| |||||||
| |||||||
1 | agency shall give notice as provided in this Section or by | ||||||
2 | deposit in
the United States mail of that notice in an envelope | ||||||
3 | with postage prepaid and
addressed to that person at his or her | ||||||
4 | last known address and the loss of the
school
bus driver permit | ||||||
5 | shall be effective on the 46th day following the date notice
| ||||||
6 | was given.
| ||||||
7 | Upon receipt of the sworn report of a law enforcement | ||||||
8 | officer, the Secretary
of State shall also give notice of the | ||||||
9 | school bus driver permit sanction to the
driver and the | ||||||
10 | driver's current employer by mailing a notice of the effective
| ||||||
11 | date of the sanction to the individual. However, shall the | ||||||
12 | sworn report be
defective by not containing sufficient | ||||||
13 | information or be completed in error,
the notice of the school | ||||||
14 | bus driver permit sanction may not be mailed to the
person or | ||||||
15 | his current employer or entered to the driving record,
but | ||||||
16 | rather the sworn report shall be returned to the issuing law | ||||||
17 | enforcement
agency.
| ||||||
18 | (e) A driver may contest this school bus driver permit | ||||||
19 | sanction by
requesting an administrative hearing with the | ||||||
20 | Secretary of State in accordance
with Section 2-118 of this | ||||||
21 | Code. An individual whose blood alcohol
concentration is shown | ||||||
22 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
23 | consumed alcohol in the performance of a religious service or
| ||||||
24 | ceremony. An individual whose blood alcohol concentration is | ||||||
25 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
26 | if the individual's blood
alcohol concentration resulted only |
| |||||||
| |||||||
1 | from ingestion of the prescribed or
recommended dosage of | ||||||
2 | medicine that contained alcohol. The petition for that
hearing | ||||||
3 | shall not stay or delay the effective date of the impending | ||||||
4 | suspension.
The scope of this hearing shall be limited to the | ||||||
5 | issues of:
| ||||||
6 | (1) whether the police officer had probable cause to | ||||||
7 | believe that the
person was driving or in actual physical | ||||||
8 | control of a school bus
or any other vehicle owned or | ||||||
9 | operated by or for a
public or private school, or a
school | ||||||
10 | operated by a religious institution, when the vehicle is | ||||||
11 | being used
over a regularly scheduled route for the | ||||||
12 | transportation of persons enrolled as
students in grade 12 | ||||||
13 | or below, in connection with any activity of the entities
| ||||||
14 | listed, upon the public highways of the State and the | ||||||
15 | police officer had reason
to believe that the person was in | ||||||
16 | violation of any provision of this
Code or a similar | ||||||
17 | provision of a local ordinance; and
| ||||||
18 | (2) whether the person was issued a Uniform Traffic | ||||||
19 | Ticket for any
violation of this Code or a similar | ||||||
20 | provision of a local
ordinance; and
| ||||||
21 | (3) whether the police officer had probable cause to | ||||||
22 | believe that the
driver had
consumed any amount of an | ||||||
23 | alcoholic beverage based upon the driver's
physical | ||||||
24 | actions or other first-hand knowledge of the police | ||||||
25 | officer; and
| ||||||
26 | (4) whether the person, after being advised by the |
| |||||||
| |||||||
1 | officer that the
privilege to possess a school bus driver | ||||||
2 | permit would be canceled if the person
refused to submit to | ||||||
3 | and complete the test or tests, did refuse to submit to or
| ||||||
4 | complete the test or tests to determine the person's | ||||||
5 | alcohol concentration; and
| ||||||
6 | (5) whether the person, after being advised by the | ||||||
7 | officer that the
privileges to possess a school bus driver | ||||||
8 | permit would be canceled if the
person submits to a | ||||||
9 | chemical test or tests and the test or tests disclose an
| ||||||
10 | alcohol concentration of more than 0.00 and
the person did | ||||||
11 | submit to and complete the test or tests that determined an
| ||||||
12 | alcohol concentration of more than 0.00; and
| ||||||
13 | (6) whether the test result of an alcohol concentration | ||||||
14 | of more than 0.00
was based upon the person's consumption | ||||||
15 | of alcohol in the performance of a
religious service or | ||||||
16 | ceremony; and
| ||||||
17 | (7) whether the test result of an alcohol concentration | ||||||
18 | of more than 0.00
was based upon the person's consumption | ||||||
19 | of alcohol through ingestion of the
prescribed or | ||||||
20 | recommended dosage of medicine.
| ||||||
21 | The Secretary of State may adopt administrative rules | ||||||
22 | setting forth
circumstances under which the holder of a school | ||||||
23 | bus driver permit is not
required to
appear in
person at the | ||||||
24 | hearing.
| ||||||
25 | Provided that the petitioner may subpoena the officer, the | ||||||
26 | hearing may be
conducted upon a review of the law enforcement |
| |||||||
| |||||||
1 | officer's own official
reports. Failure of the officer to | ||||||
2 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
3 | the hearing officer's discretion, the continuance is
| ||||||
4 | appropriate. At the conclusion of the hearing held under | ||||||
5 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
6 | continue, or modify
the school bus driver permit sanction.
| ||||||
7 | (f) The results of any chemical testing performed in | ||||||
8 | accordance with
subsection (a) of this Section are not | ||||||
9 | admissible in any civil or criminal
proceeding, except that the | ||||||
10 | results
of the testing may be considered at a hearing held | ||||||
11 | under Section 2-118 of this
Code. However, the results of the | ||||||
12 | testing may not be used to impose
driver's license sanctions | ||||||
13 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
14 | may, however, pursue a statutory summary suspension or | ||||||
15 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
16 | Code if other physical
evidence or first hand knowledge forms | ||||||
17 | the basis of that suspension or revocation.
| ||||||
18 | (g) This Section applies only to drivers who have been | ||||||
19 | issued a school bus
driver permit in accordance with Section | ||||||
20 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
21 | Traffic Ticket for a violation of this
Code or a similar | ||||||
22 | provision of a local ordinance, and a chemical test
request is | ||||||
23 | made under this Section.
| ||||||
24 | (h) The action of the Secretary of State in suspending, | ||||||
25 | revoking, canceling,
or denying any license, permit, | ||||||
26 | registration, or certificate of title shall be
subject to |
| |||||||
| |||||||
1 | judicial review in the Circuit Court of Sangamon County or in | ||||||
2 | the
Circuit Court of Cook County, and the provisions of the | ||||||
3 | Administrative Review
Law and its rules are hereby adopted and | ||||||
4 | shall apply to and govern every
action for the judicial review | ||||||
5 | of final acts or decisions of the Secretary of
State under this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
8 | 100-513, eff. 1-1-18 .)
| ||||||
9 | (625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
| ||||||
10 | Sec. 6-106.2. Religious organization bus driver. A | ||||||
11 | religious
organization bus driver shall meet the following | ||||||
12 | requirements:
| ||||||
13 | 1. is 21 years of age or older;
| ||||||
14 | 2. has a valid and properly classified driver's
license | ||||||
15 | issued by the
Secretary of State;
| ||||||
16 | 3. has held a valid driver's license, not necessarily | ||||||
17 | of the same
classification, for
3 years prior to the date
| ||||||
18 | of application. A lapse in the renewal of the driver's | ||||||
19 | license of 30 days or less shall not render the applicant | ||||||
20 | ineligible. The Secretary of State may, in his or her | ||||||
21 | discretion, grant a waiver for a lapse in the renewal of | ||||||
22 | the driver's license in excess of 30 days;
| ||||||
23 | 4. has demonstrated an ability to exercise reasonable
| ||||||
24 | care in the safe
operation of religious
organization buses | ||||||
25 | in accordance with such standards as the Secretary of
State |
| |||||||
| |||||||
1 | prescribes
including a driving test in a religious | ||||||
2 | organization bus; and
| ||||||
3 | 5. has not been convicted of any of the following | ||||||
4 | offenses within 3 years of the
date of application: | ||||||
5 | Sections 11-401 (leaving the scene of a traffic
crash | ||||||
6 | accident involving death or personal injury), 11-501 | ||||||
7 | (driving under the
influence), 11-503 (reckless driving), | ||||||
8 | 11-504 (drag racing), and 11-506 (street racing) of this | ||||||
9 | Code, or Sections
9-3 (manslaughter or reckless homicide) | ||||||
10 | and 12-5 (reckless conduct arising
from the use of a motor | ||||||
11 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012.
| ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
| ||||||
14 | (625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
| ||||||
15 | Sec. 6-106.3. Senior citizen transportation - driver. A | ||||||
16 | driver of a
vehicle operated solely for the purpose of | ||||||
17 | providing transportation for
the elderly in connection with the | ||||||
18 | activities of any public or private
organization
shall meet the | ||||||
19 | following requirements:
| ||||||
20 | (1) is 21 years of age or older;
| ||||||
21 | (2) has a valid and properly classified driver's | ||||||
22 | license issued by the
Secretary of State;
| ||||||
23 | (3) has had a valid driver's license, not necessarily
| ||||||
24 | of the same classification, for 3 years prior to the date | ||||||
25 | of application. A lapse in the renewal of the driver's |
| |||||||
| |||||||
1 | license of 30 days or less shall not render the applicant | ||||||
2 | ineligible. The Secretary of State may, in his or her | ||||||
3 | discretion, grant a waiver for a lapse in the renewal of | ||||||
4 | the driver's license in excess of 30 days;
| ||||||
5 | (4) has demonstrated his ability to exercise | ||||||
6 | reasonable care in the safe
operation of a motor vehicle | ||||||
7 | which will be utilized to transport persons
in accordance | ||||||
8 | with such standards as the Secretary of State prescribes
| ||||||
9 | including
a driving test in such motor vehicle; and
| ||||||
10 | (5) has not been convicted of any of the following | ||||||
11 | offenses within
3 years of the date of application:
| ||||||
12 | Sections 11-401 (leaving the scene of a traffic crash | ||||||
13 | accident involving death
or personal injury), 11-501 | ||||||
14 | (driving under the influence), 11-503 (reckless
driving), | ||||||
15 | 11-504 (drag racing), and 11-506 (street racing) of this | ||||||
16 | Code, or Sections 9-3 (manslaughter
or reckless
homicide) | ||||||
17 | and 12-5 (reckless conduct arising from the use of a motor
| ||||||
18 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012.
| ||||||
20 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
| ||||||
21 | (625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
| ||||||
22 | Sec. 6-106.4. For-profit ridesharing arrangement - driver. | ||||||
23 | No person
may drive a commuter van while it is being used for a | ||||||
24 | for-profit ridesharing
arrangement unless such person:
| ||||||
25 | (1) is 21 years of age or older;
|
| |||||||
| |||||||
1 | (2) has a valid and properly classified driver's | ||||||
2 | license issued by the
Secretary of State;
| ||||||
3 | (3) has held a valid driver's license, not necessarily
| ||||||
4 | of the same classification,
for 3 years prior to the date | ||||||
5 | of application. A lapse in the renewal of the driver's | ||||||
6 | license of 30 days or less shall not render the applicant | ||||||
7 | ineligible. The Secretary of State may, in his or her | ||||||
8 | discretion, grant a waiver for a lapse in the renewal of | ||||||
9 | the driver's license in excess of 30 days;
| ||||||
10 | (4) has demonstrated his ability to exercise | ||||||
11 | reasonable care in the safe
operation of commuter vans used | ||||||
12 | in for-profit ridesharing arrangements in
accordance with | ||||||
13 | such standards as the Secretary of State may prescribe,
| ||||||
14 | which standards may require a driving test in a commuter | ||||||
15 | van; and
| ||||||
16 | (5) has not been convicted of any of the following | ||||||
17 | offenses within
3 years of the date of
application: | ||||||
18 | Sections 11-401 (leaving the scene of a traffic
crash | ||||||
19 | accident involving death or personal injury), 11-501 | ||||||
20 | (driving under
the influence), 11-503 (reckless driving), | ||||||
21 | 11-504 (drag racing), and 11-506 (street racing) of this
| ||||||
22 | Code, or
Sections 9-3 (manslaughter or reckless homicide) | ||||||
23 | and 12-5 (reckless conduct
arising from the use of a motor | ||||||
24 | vehicle) of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012.
| ||||||
26 | (Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||||
2 | Sec. 6-107. Graduated license.
| ||||||
3 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
4 | develop safe and mature driving habits in young,
inexperienced | ||||||
5 | drivers and reduce or prevent motor vehicle crashes accidents ,
| ||||||
6 | fatalities,
and injuries by:
| ||||||
7 | (1) providing for an increase in the time of practice | ||||||
8 | period before
granting
permission to obtain a driver's | ||||||
9 | license;
| ||||||
10 | (2) strengthening driver licensing and testing | ||||||
11 | standards for persons under
the age of 21 years;
| ||||||
12 | (3) sanctioning driving privileges of drivers under | ||||||
13 | age 21 who have
committed serious traffic violations or | ||||||
14 | other specified offenses; and
| ||||||
15 | (4) setting stricter standards to promote the public's | ||||||
16 | health and
safety.
| ||||||
17 | (b) The application of any person under
the age of 18 | ||||||
18 | years, and not legally emancipated, for a drivers
license or | ||||||
19 | permit to operate a motor vehicle issued under the laws of this
| ||||||
20 | State, shall be accompanied by the written consent of either | ||||||
21 | parent of the
applicant; otherwise by the guardian having | ||||||
22 | custody of the applicant, or
in the event there is no parent or | ||||||
23 | guardian, then by another responsible adult. The written | ||||||
24 | consent must accompany any application for a driver's license | ||||||
25 | under this subsection (b), regardless of whether or not the |
| |||||||
| |||||||
1 | required written consent also accompanied the person's | ||||||
2 | previous application for an instruction permit.
| ||||||
3 | No graduated driver's license shall be issued to any | ||||||
4 | applicant under 18
years
of age, unless the applicant is at | ||||||
5 | least 16 years of age and has:
| ||||||
6 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
7 | months.
| ||||||
8 | (2) Passed an approved driver education course
and | ||||||
9 | submits proof of having passed the course as may
be | ||||||
10 | required.
| ||||||
11 | (3) Certification by the parent, legal guardian, or | ||||||
12 | responsible adult that
the applicant has had a minimum of | ||||||
13 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
14 | hours of which have been at night,
and is sufficiently | ||||||
15 | prepared and able to safely operate a motor vehicle.
| ||||||
16 | (b-1) No graduated
driver's license shall be issued to any | ||||||
17 | applicant who is under 18 years of age
and not legally | ||||||
18 | emancipated, unless the applicant has graduated
from a | ||||||
19 | secondary school of this State or any other state, is enrolled | ||||||
20 | in a
course leading to a high school equivalency certificate, | ||||||
21 | has
obtained a high school equivalency certificate, is enrolled | ||||||
22 | in an elementary or secondary school or college or university
| ||||||
23 | of this State or any other state and is not a chronic or | ||||||
24 | habitual truant as provided in Section 26-2a of the School | ||||||
25 | Code, or is receiving home instruction and submits proof of | ||||||
26 | meeting any of those
requirements at the time of application.
|
| |||||||
| |||||||
1 | An applicant under 18 years of age who provides proof | ||||||
2 | acceptable to the Secretary that the applicant has resumed | ||||||
3 | regular school attendance or home instruction or that his or | ||||||
4 | her application was denied in error shall be eligible to | ||||||
5 | receive a graduated license if other requirements are met. The | ||||||
6 | Secretary shall adopt rules for implementing this subsection | ||||||
7 | (b-1).
| ||||||
8 | (c) No graduated driver's license or permit shall be issued | ||||||
9 | to
any applicant under 18
years of age who has committed the | ||||||
10 | offense of operating a motor vehicle
without a valid license or | ||||||
11 | permit in violation of Section 6-101 of this Code
or a similar | ||||||
12 | out of state offense and no graduated driver's
license or | ||||||
13 | permit shall be issued to any applicant under 18 years of age
| ||||||
14 | who has committed an offense that would otherwise result in a
| ||||||
15 | mandatory revocation of a license or permit as provided in | ||||||
16 | Section 6-205 of
this Code or who has been either convicted of | ||||||
17 | or adjudicated a delinquent based
upon a violation of the | ||||||
18 | Cannabis Control Act, the Illinois Controlled
Substances Act, | ||||||
19 | the Use of Intoxicating Compounds Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act while that individual was | ||||||
21 | in actual physical control of a motor
vehicle. For purposes of | ||||||
22 | this Section, any person placed on probation under
Section 10 | ||||||
23 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
24 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
25 | Control and Community Protection Act shall not be considered | ||||||
26 | convicted. Any person found
guilty of this offense, while in |
| |||||||
| |||||||
1 | actual physical control of a motor vehicle,
shall have an entry | ||||||
2 | made in the court record by the judge that this offense did
| ||||||
3 | occur while the person was in actual physical control of a | ||||||
4 | motor vehicle and
order the clerk of the court to report the | ||||||
5 | violation to the Secretary of State
as such.
| ||||||
6 | (d) No graduated driver's license shall be issued for 9 | ||||||
7 | months to any
applicant
under
the
age of 18 years who has | ||||||
8 | committed and subsequently been convicted of an offense against | ||||||
9 | traffic regulations governing the movement of vehicles, any | ||||||
10 | violation of this Section or Section 12-603.1 of this Code, or | ||||||
11 | who has received a disposition of court supervision for a | ||||||
12 | violation of Section 6-20 of the Illinois Liquor Control Act of | ||||||
13 | 1934 or a similar provision of a local ordinance.
| ||||||
14 | (e) No graduated driver's license holder under the age
of | ||||||
15 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
16 | cycle or motorcycle, with
more than one passenger in the front | ||||||
17 | seat of the motor vehicle
and no more passengers in the back | ||||||
18 | seats than the number of available seat
safety belts as set | ||||||
19 | forth in Section 12-603 of this Code. If a graduated driver's | ||||||
20 | license holder over the age of 18 committed an offense against | ||||||
21 | traffic regulations governing the movement of vehicles or any | ||||||
22 | violation of this Section or Section 12-603.1 of this Code in | ||||||
23 | the 6 months prior to the graduated driver's license holder's | ||||||
24 | 18th birthday, and was subsequently convicted of the violation, | ||||||
25 | the provisions of this paragraph shall continue to apply until | ||||||
26 | such time as a period of 6 consecutive months has elapsed |
| |||||||
| |||||||
1 | without an additional violation and subsequent conviction of an | ||||||
2 | offense against traffic regulations governing the movement of | ||||||
3 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
4 | of this Code.
| ||||||
5 | (f) (Blank).
| ||||||
6 | (g) If a graduated driver's license holder is under the age | ||||||
7 | of 18 when he
or she receives the license, for the first 12 | ||||||
8 | months he or she holds the license
or
until he or she reaches | ||||||
9 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
10 | holder may not operate a motor vehicle with more than one | ||||||
11 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
12 | additional passenger or passengers are
siblings, | ||||||
13 | step-siblings, children, or stepchildren of the driver. If a | ||||||
14 | graduated driver's license holder committed an offense against | ||||||
15 | traffic regulations governing the movement of vehicles or any | ||||||
16 | violation of this Section or Section 12-603.1 of this Code | ||||||
17 | during the first 12 months the license is held and subsequently | ||||||
18 | is convicted of the violation, the provisions of this paragraph | ||||||
19 | shall remain in effect until such time as a period of 6 | ||||||
20 | consecutive months has elapsed without an additional violation | ||||||
21 | and subsequent conviction of an offense against traffic | ||||||
22 | regulations governing the movement of vehicles or any violation | ||||||
23 | of this Section or Section 12-603.1 of this Code.
| ||||||
24 | (h) It shall be an offense for a person that is age 15, but | ||||||
25 | under age 20, to be a passenger in a vehicle operated by a | ||||||
26 | driver holding a graduated driver's license during the first 12 |
| |||||||
| |||||||
1 | months the driver holds the license or until the driver reaches | ||||||
2 | the age of 18, whichever occurs sooner, if another passenger | ||||||
3 | under the age of 20 is present, excluding a sibling, | ||||||
4 | step-sibling, child, or step-child of the driver.
| ||||||
5 | (i) No graduated driver's license shall be issued to any | ||||||
6 | applicant under the age of 18 years if the applicant has been | ||||||
7 | issued a traffic citation for which a disposition has not been | ||||||
8 | rendered at the time of application. | ||||||
9 | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | ||||||
10 | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
| ||||||
11 | (625 ILCS 5/6-107.5) | ||||||
12 | Sec. 6-107.5. Adult Driver Education Course. | ||||||
13 | (a) The Secretary shall establish by rule the curriculum | ||||||
14 | and designate the materials to be used in an adult driver | ||||||
15 | education course. The course shall be at least 6 hours in | ||||||
16 | length and shall include instruction on traffic laws; highway | ||||||
17 | signs, signals, and markings that regulate, warn, or direct | ||||||
18 | traffic; and issues commonly associated with motor vehicle | ||||||
19 | crashes accidents including poor decision-making, risk taking, | ||||||
20 | impaired driving, distraction, speed, failure to use a safety | ||||||
21 | belt, driving at night, failure to yield the right-of-way, | ||||||
22 | texting while driving, using wireless communication devices, | ||||||
23 | and alcohol and drug awareness. The curriculum shall not | ||||||
24 | require the operation of a motor vehicle. | ||||||
25 | (b) The Secretary shall certify course providers. The |
| |||||||
| |||||||
1 | requirements to be a certified course provider, the process for | ||||||
2 | applying for certification, and the procedure for decertifying | ||||||
3 | a course provider shall be established by rule. | ||||||
4 | (b-5) In order to qualify for certification as an adult | ||||||
5 | driver education course provider, each applicant must | ||||||
6 | authorize an investigation that includes a fingerprint-based | ||||||
7 | background check to determine if the applicant has ever been | ||||||
8 | convicted of a criminal offense and, if so, the disposition of | ||||||
9 | any conviction. This authorization shall indicate the scope of | ||||||
10 | the inquiry and the agencies that may be contacted. Upon | ||||||
11 | receiving this authorization, the Secretary of State may | ||||||
12 | request and receive information and assistance from any | ||||||
13 | federal, State, or local governmental agency as part of the | ||||||
14 | authorized investigation. Each applicant shall submit his or | ||||||
15 | her fingerprints to the Department of State Police in the form | ||||||
16 | and manner prescribed by the Department of State Police. These | ||||||
17 | fingerprints shall be checked against fingerprint records now | ||||||
18 | and hereafter filed in the Department of State Police and | ||||||
19 | Federal Bureau of Investigation criminal history record | ||||||
20 | databases. The Department of State Police shall charge | ||||||
21 | applicants a fee for conducting the criminal history record | ||||||
22 | check, which shall be deposited into the State Police Services | ||||||
23 | Fund and shall not exceed the actual cost of the State and | ||||||
24 | national criminal history record check. The Department of State | ||||||
25 | Police shall furnish, pursuant to positive identification, | ||||||
26 | records of Illinois criminal convictions to the Secretary and |
| |||||||
| |||||||
1 | shall forward the national criminal history record information | ||||||
2 | to the Secretary. Applicants shall pay any other | ||||||
3 | fingerprint-related fees. Unless otherwise prohibited by law, | ||||||
4 | the information derived from the investigation, including the | ||||||
5 | source of the information and any conclusions or | ||||||
6 | recommendations derived from the information by the Secretary | ||||||
7 | of State, shall be provided to the applicant upon request to | ||||||
8 | the Secretary of State prior to any final action by the | ||||||
9 | Secretary of State on the application. Any criminal conviction | ||||||
10 | information obtained by the Secretary of State shall be | ||||||
11 | confidential and may not be transmitted outside the Office of | ||||||
12 | the Secretary of State, except as required by this subsection | ||||||
13 | (b-5), and may not be transmitted to anyone within the Office | ||||||
14 | of the Secretary of State except as needed for the purpose of | ||||||
15 | evaluating the applicant. At any administrative hearing held | ||||||
16 | under Section 2-118 of this Code relating to the denial, | ||||||
17 | cancellation, suspension, or revocation of certification of an | ||||||
18 | adult driver education course provider, the Secretary of State | ||||||
19 | may utilize at that hearing any criminal history, criminal | ||||||
20 | conviction, and disposition information obtained under this | ||||||
21 | subsection (b-5). The information obtained from the | ||||||
22 | investigation may be maintained by the Secretary of State or | ||||||
23 | any agency to which the information was transmitted. Only | ||||||
24 | information and standards which bear a reasonable and rational | ||||||
25 | relation to the performance of providing adult driver education | ||||||
26 | shall be used by the Secretary of State. Any employee of the |
| |||||||
| |||||||
1 | Secretary of State who gives or causes to be given away any | ||||||
2 | confidential information concerning any criminal convictions | ||||||
3 | or disposition of criminal convictions of an applicant shall be | ||||||
4 | guilty of a Class A misdemeanor unless release of the | ||||||
5 | information is authorized by this Section. | ||||||
6 | (c) The Secretary may permit a course provider to offer the | ||||||
7 | course online, if the Secretary is satisfied the course | ||||||
8 | provider has established adequate procedures for verifying: | ||||||
9 | (1) the identity of the person taking the course | ||||||
10 | online; and | ||||||
11 | (2) the person completes the entire course. | ||||||
12 | (d) The Secretary shall establish a method of electronic | ||||||
13 | verification of a student's successful completion of the | ||||||
14 | course. | ||||||
15 | (e) The fee charged by the course provider must bear a | ||||||
16 | reasonable relationship to the cost of the course. The | ||||||
17 | Secretary shall post on the Secretary of State's website a list | ||||||
18 | of approved course providers, the fees charged by the | ||||||
19 | providers, and contact information for each provider. | ||||||
20 | (f) In addition to any other fee charged by the course | ||||||
21 | provider, the course provider shall collect a fee of $5 from | ||||||
22 | each student to offset the costs incurred by the Secretary in | ||||||
23 | administering this program. The $5 shall be submitted to the | ||||||
24 | Secretary within 14 days of the day on which it was collected. | ||||||
25 | All such fees received by the Secretary shall be deposited in | ||||||
26 | the Secretary of State Driver Services Administration Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15 .)
| ||||||
2 | (625 ILCS 5/6-108.1)
| ||||||
3 | Sec. 6-108.1.
Notice to Secretary; denial of license;
| ||||||
4 | persons under 18.
| ||||||
5 | (a) The State's Attorney must notify the Secretary of the
| ||||||
6 | charges pending
against any person younger than 18 years of age | ||||||
7 | who has been charged
with a violation of this Code, the | ||||||
8 | Criminal Code of 2012, or the Criminal Code of 1961 arising out | ||||||
9 | of a crash an
accident in
which the person was involved as a | ||||||
10 | driver and that caused the death of or a
type A injury to | ||||||
11 | another person. A "type A injury" includes severely bleeding
| ||||||
12 | wounds, distorted extremities, and injuries that require the | ||||||
13 | injured party to
be carried from the scene. The State's | ||||||
14 | Attorney must notify the Secretary on a
form prescribed by the | ||||||
15 | Secretary.
| ||||||
16 | (b) The Secretary, upon receiving notification from the | ||||||
17 | State's Attorney,
may
deny any driver's license to any person
| ||||||
18 | younger than 18 years of age against whom the charges are | ||||||
19 | pending.
| ||||||
20 | (c) The State's Attorney must notify the Secretary of the | ||||||
21 | final
disposition of the case of any person who has been denied | ||||||
22 | a driver's license
under subsection (b).
| ||||||
23 | (d) The Secretary must adopt rules for implementing this | ||||||
24 | Section.
| ||||||
25 | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| ||||||
2 | Sec. 6-113. Restricted licenses and permits.
| ||||||
3 | (a) The Secretary of
State upon issuing a drivers license | ||||||
4 | or permit shall have the authority
whenever good cause appears | ||||||
5 | to impose restrictions suitable to the
licensee's driving | ||||||
6 | ability with respect to the type of, or special
mechanical | ||||||
7 | control devices required on, a motor vehicle which the
licensee | ||||||
8 | may operate or such other restrictions applicable to the
| ||||||
9 | licensee as the Secretary of State may determine to be | ||||||
10 | appropriate to
assure the safe operation of a motor vehicle by | ||||||
11 | the licensee.
| ||||||
12 | (b) The Secretary of State may either issue a special | ||||||
13 | restricted
license or permit or may set forth such restrictions | ||||||
14 | upon the usual
license or permit form.
| ||||||
15 | (c) The Secretary of State may issue a probationary license | ||||||
16 | to a person
whose driving privileges have been suspended | ||||||
17 | pursuant to subsection (d) of this
Section or subsection (a)(2) | ||||||
18 | of Section 6-206 of this
Code. This subsection (c) does not | ||||||
19 | apply to any driver required to possess a CDL for the purpose | ||||||
20 | of operating a commercial motor vehicle. The Secretary of State | ||||||
21 | shall promulgate rules pursuant to the
Illinois Administrative | ||||||
22 | Procedure Act, setting forth the conditions and
criteria for | ||||||
23 | the issuance and cancellation of probationary licenses.
| ||||||
24 | (d) The Secretary of State may upon receiving satisfactory | ||||||
25 | evidence
of any violation of the restrictions of such license |
| |||||||
| |||||||
1 | or permit suspend,
revoke or cancel the same without | ||||||
2 | preliminary hearing, but the licensee or
permittee shall be | ||||||
3 | entitled to a hearing as in the case of a suspension
or | ||||||
4 | revocation.
| ||||||
5 | (e) It is unlawful for any person to operate a motor | ||||||
6 | vehicle in any
manner in violation of the restrictions imposed | ||||||
7 | on a restricted license
or permit issued to him.
| ||||||
8 | (f) Whenever the holder of a restricted driving permit is | ||||||
9 | issued a citation
for any of the following offenses including | ||||||
10 | similar local ordinances, the
restricted driving permit is | ||||||
11 | immediately invalidated:
| ||||||
12 | 1. Reckless homicide resulting from the operation of a | ||||||
13 | motor vehicle;
| ||||||
14 | 2. Violation of Section 11-501 of this Act relating to | ||||||
15 | the operation of
a motor vehicle while under the influence | ||||||
16 | of intoxicating liquor or narcotic
drugs;
| ||||||
17 | 3. Violation of Section 11-401 of this Act relating to | ||||||
18 | the offense of
leaving the scene of a traffic crash | ||||||
19 | accident involving death or injury;
| ||||||
20 | 4. Violation of Section 11-504 of this Act relating to | ||||||
21 | the offense of drag
racing; or
| ||||||
22 | 5. Violation of Section 11-506 of this Act relating to | ||||||
23 | the offense of street racing.
| ||||||
24 | The police officer issuing the citation shall confiscate | ||||||
25 | the restricted
driving permit and forward it, along with the | ||||||
26 | citation, to the Clerk of
the Circuit Court of the county in |
| |||||||
| |||||||
1 | which the citation was issued.
| ||||||
2 | (g) The Secretary of State may issue a special restricted
| ||||||
3 | license for a period of 48 months to individuals using vision | ||||||
4 | aid
arrangements other than standard eyeglasses or contact | ||||||
5 | lenses,
allowing the operation of a motor vehicle during | ||||||
6 | nighttime hours.
The Secretary of State shall adopt rules | ||||||
7 | defining the terms and
conditions by which the individual may | ||||||
8 | obtain and renew this
special restricted license. At a minimum, | ||||||
9 | all drivers must meet
the following requirements:
| ||||||
10 | 1. Possess a valid driver's license and have operated a
| ||||||
11 | motor vehicle during daylight hours for a period of 12 | ||||||
12 | months
using vision aid arrangements other than standard | ||||||
13 | eyeglasses
or contact lenses.
| ||||||
14 | 2. Have a driving record that does not include any
| ||||||
15 | traffic crashes accidents that occurred during nighttime | ||||||
16 | hours, for which the
driver has been found to be at fault, | ||||||
17 | during the 12 months before he or she
applied for the | ||||||
18 | special restricted license.
| ||||||
19 | 3. Successfully complete a road test administered | ||||||
20 | during
nighttime hours.
| ||||||
21 | The special restricted license holder must submit to the | ||||||
22 | Secretary annually a vision specialist report from his or her | ||||||
23 | ophthalmologist or optometrist that the special restricted | ||||||
24 | license holder's vision has not changed. If the special | ||||||
25 | restricted license holder fails to submit this vision | ||||||
26 | specialist report, the special restricted license shall be |
| |||||||
| |||||||
1 | cancelled under Section 6-201 of this Code. | ||||||
2 | At a minimum, all drivers renewing this license must meet | ||||||
3 | the
following requirements:
| ||||||
4 | 1. Successfully complete a road test administered | ||||||
5 | during
nighttime hours.
| ||||||
6 | 2. Have a driving record that does not include any
| ||||||
7 | traffic crashes accidents that occurred during nighttime | ||||||
8 | hours, for which the
driver has been found to be at fault, | ||||||
9 | during the 12 months before he or she
applied for
the | ||||||
10 | special restricted license.
| ||||||
11 | (h) Any driver issued a special restricted license as | ||||||
12 | defined in
subsection (g) whose privilege to drive during | ||||||
13 | nighttime hours has been
suspended due to a crash an accident | ||||||
14 | occurring during nighttime hours may request
a hearing as | ||||||
15 | provided in Section 2-118 of this Code to contest that | ||||||
16 | suspension.
If it is
determined that the crash accident for | ||||||
17 | which the driver was at fault was not
influenced by the | ||||||
18 | driver's use of vision aid arrangements other than standard
| ||||||
19 | eyeglasses or contact lenses, the Secretary may reinstate that | ||||||
20 | driver's
privilege to drive during nighttime hours.
| ||||||
21 | (i) The Secretary of State may issue a special restricted | ||||||
22 | training permit for a period of 6 months to individuals using | ||||||
23 | vision aid arrangements other than standard eyeglasses or | ||||||
24 | contact lenses, allowing the operation of a motor vehicle | ||||||
25 | between sunset and 10:00 p.m. provided the driver is | ||||||
26 | accompanied by a person holding a valid driver's license |
| |||||||
| |||||||
1 | without nighttime operation restrictions. The Secretary may | ||||||
2 | adopt rules defining the terms and conditions by which the | ||||||
3 | individual may obtain and renew this special restricted | ||||||
4 | training permit. At a minimum, all persons applying for a | ||||||
5 | special restricted training permit must meet the following | ||||||
6 | requirements: | ||||||
7 | 1. Possess a valid driver's license and have operated a | ||||||
8 | motor vehicle during daylight hours for a period of 6 | ||||||
9 | months using vision aid arrangements other than standard | ||||||
10 | eyeglasses or contact lenses. | ||||||
11 | 2. Have a driving record that does not include any | ||||||
12 | traffic crashes accidents , for which the person has been | ||||||
13 | found to be at fault, during the 6 months before he or she | ||||||
14 | applied for the special restricted training permit. | ||||||
15 | (j) Whenever the Secretary of State has issued an | ||||||
16 | administrative order requiring an individual to use an ignition | ||||||
17 | interlock device after his or her driver's license has been | ||||||
18 | reinstated, that individual shall be issued a driver's license | ||||||
19 | containing the ignition interlock device restriction. The | ||||||
20 | administrative order shall set forth the duration of the | ||||||
21 | restriction and any other applicable terms and conditions. | ||||||
22 | (Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78, | ||||||
23 | eff. 7-20-15; 99-289, eff. 8-6-15.)
| ||||||
24 | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
| ||||||
25 | Sec. 6-117. Records to be kept by the Secretary of State.
|
| |||||||
| |||||||
1 | (a) The Secretary of State shall file every application for | ||||||
2 | a license or
permit accepted under this Chapter, and shall | ||||||
3 | maintain suitable
indexes thereof. The records of the Secretary | ||||||
4 | of State shall indicate the
action taken with respect to such | ||||||
5 | applications.
| ||||||
6 | (b) The Secretary of State shall maintain appropriate | ||||||
7 | records of all
licenses and permits refused, cancelled, | ||||||
8 | disqualified, revoked, or suspended and of the
revocation,
| ||||||
9 | suspension, and disqualification of driving privileges of | ||||||
10 | persons not licensed
under this Chapter, and such records shall | ||||||
11 | note the reasons for such
action.
| ||||||
12 | (c) The Secretary of State shall maintain appropriate | ||||||
13 | records of
convictions reported under this Chapter. Records of | ||||||
14 | conviction may be
maintained in a computer processible medium.
| ||||||
15 | (d) The Secretary of State may also maintain appropriate | ||||||
16 | records of any
crash accident reports received.
| ||||||
17 | (e) The Secretary of State shall also maintain appropriate | ||||||
18 | records
of any disposition of supervision or records
relative
| ||||||
19 | to a driver's referral to a driver remedial or rehabilitative | ||||||
20 | program, as
required by the Secretary of State or the courts. | ||||||
21 | Such records shall only
be available for use by the Secretary, | ||||||
22 | the driver licensing administrator of any other state, law | ||||||
23 | enforcement agencies, the
courts, and the affected driver or, | ||||||
24 | upon proper verification,
such affected driver's attorney.
| ||||||
25 | (f) The Secretary of State shall also maintain or contract | ||||||
26 | to maintain
appropriate records of all photographs and |
| |||||||
| |||||||
1 | signatures obtained in the process
of issuing any driver's | ||||||
2 | license, permit, or identification card. The record
shall be | ||||||
3 | confidential and shall not be disclosed except to those | ||||||
4 | entities
listed under Section 6-110.1 of this Code.
| ||||||
5 | (g) The Secretary of State may establish a First Person | ||||||
6 | Consent organ and tissue donor registry in compliance with | ||||||
7 | subsection (b-1) of Section 5-20 of the Illinois Anatomical | ||||||
8 | Gift Act, as follows: | ||||||
9 | (1) The Secretary shall offer, to each applicant for | ||||||
10 | issuance or renewal of a driver's license or identification | ||||||
11 | card who is 16 years of age or older, the opportunity to | ||||||
12 | have his or her name included in the First Person Consent | ||||||
13 | organ and tissue donor registry. The Secretary must advise | ||||||
14 | the applicant or licensee that he or she is under no | ||||||
15 | compulsion to have his or her name included in the | ||||||
16 | registry. An individual who agrees to having his or her | ||||||
17 | name included in the First Person Consent organ and tissue | ||||||
18 | donor registry has given full legal consent to the donation | ||||||
19 | of any of his or her organs or tissue upon his or her | ||||||
20 | death. A brochure explaining this method of executing an | ||||||
21 | anatomical gift must be given to each applicant for | ||||||
22 | issuance or renewal of a driver's license or identification | ||||||
23 | card. The brochure must advise the applicant or licensee | ||||||
24 | (i) that he or she is under no compulsion to have his or | ||||||
25 | her name included in this registry and (ii) that he or she | ||||||
26 | may wish to consult with family, friends, or clergy before |
| |||||||
| |||||||
1 | doing so. | ||||||
2 | (2) The Secretary of State may establish additional | ||||||
3 | methods by which an individual may have his or her name | ||||||
4 | included in the First Person Consent organ and tissue donor | ||||||
5 | registry. | ||||||
6 | (3) When an individual has agreed to have his or her | ||||||
7 | name included in the First Person Consent organ and tissue | ||||||
8 | donor registry, the Secretary of State shall note that | ||||||
9 | agreement in the First Person consent organ and tissue | ||||||
10 | donor registry. Representatives of federally designated | ||||||
11 | organ procurement agencies and tissue banks and the offices | ||||||
12 | of Illinois county coroners and medical examiners may | ||||||
13 | inquire of the Secretary of State whether a potential organ | ||||||
14 | donor's name is included in the First Person Consent organ | ||||||
15 | and tissue donor registry, and the Secretary of State may | ||||||
16 | provide that information to the representative. | ||||||
17 | (4) An individual may withdraw his or her consent to be | ||||||
18 | listed in the First Person Consent organ and tissue donor | ||||||
19 | registry maintained by the Secretary of State by notifying | ||||||
20 | the Secretary of State in writing, or by any other means | ||||||
21 | approved by the Secretary, of the individual's decision to | ||||||
22 | have his or her name removed from the registry. | ||||||
23 | (5) The Secretary of State may undertake additional | ||||||
24 | efforts, including education and awareness activities, to | ||||||
25 | promote organ and tissue donation. | ||||||
26 | (6) In the absence of gross negligence or willful |
| |||||||
| |||||||
1 | misconduct, the Secretary of State and his or her employees | ||||||
2 | are immune from any civil or criminal liability in | ||||||
3 | connection with an individual's consent to be listed in the | ||||||
4 | organ and tissue donor registry.
| ||||||
5 | (Source: P.A. 100-41, eff. 1-1-18 .)
| ||||||
6 | (625 ILCS 5/6-117.2) | ||||||
7 | Sec. 6-117.2. Emergency contact database. | ||||||
8 | (a) The Secretary of State shall establish a database of | ||||||
9 | the emergency contacts of persons who hold a driver's license, | ||||||
10 | instruction permit, or any other type of driving permit issued | ||||||
11 | by the Secretary of State. Information in the database shall be | ||||||
12 | accessible only to employees of the Office of the Secretary and | ||||||
13 | law enforcement officers employed by a law enforcement agency. | ||||||
14 | Law enforcement officers may share information contained in the | ||||||
15 | emergency contact database, including disabilities and special | ||||||
16 | needs information, with other public safety workers on scene, | ||||||
17 | as needed to conduct official law enforcement duties. | ||||||
18 | (b) Any person holding a driver's license, instruction | ||||||
19 | permit, or any other type of driving permit issued by the | ||||||
20 | Secretary of State shall be afforded the opportunity to provide | ||||||
21 | the Secretary of State, in a manner and form designated by the | ||||||
22 | Secretary of State, the name, address, telephone number, and | ||||||
23 | relationship to the holder of no more than 2 emergency contact | ||||||
24 | persons whom the holder wishes to be contacted by a law | ||||||
25 | enforcement officer if the holder is involved in a motor |
| |||||||
| |||||||
1 | vehicle crash accident or other emergency situation and the | ||||||
2 | holder is unable to communicate with the contact person or | ||||||
3 | persons and may designate whether the holder has a disability | ||||||
4 | or is a special needs individual. A contact person need not be | ||||||
5 | the holder's next of kin. | ||||||
6 | (c) The Secretary shall adopt rules to implement this | ||||||
7 | Section. At a minimum, the rules shall address all of the | ||||||
8 | following: | ||||||
9 | (1) the method whereby a holder may provide the | ||||||
10 | Secretary of State with emergency contact, disability, and | ||||||
11 | special needs information; | ||||||
12 | (2) the method whereby a holder may provide the | ||||||
13 | Secretary of State with a change to the emergency contact, | ||||||
14 | disability, and special needs information; and | ||||||
15 | (3) any other aspect of the database or its operation | ||||||
16 | that the Secretary determines is necessary to implement | ||||||
17 | this Section. | ||||||
18 | (d) If a person involved in a motor vehicle crash accident | ||||||
19 | or other emergency situation is unable to communicate with the | ||||||
20 | contact person or persons specified in the database, a law | ||||||
21 | enforcement officer shall make a good faith effort to notify | ||||||
22 | the contact person or persons of the situation. Neither the law | ||||||
23 | enforcement officer nor the law enforcement agency that employs | ||||||
24 | that law enforcement officer incurs any liability, however, if | ||||||
25 | the law enforcement officer is not able to make contact with | ||||||
26 | the contact person. Except for willful or wanton misconduct, |
| |||||||
| |||||||
1 | neither the law enforcement officer, nor the law enforcement | ||||||
2 | agency that employs the law enforcement officer, shall incur | ||||||
3 | any liability relating to the reporting or use of the database | ||||||
4 | during a motor vehicle crash accident or other emergency | ||||||
5 | situation. | ||||||
6 | (e) The Secretary of State shall make a good faith effort | ||||||
7 | to maintain accurate data as provided by the driver's license | ||||||
8 | or instruction permit holder and to provide that information to | ||||||
9 | law enforcement as provided in subsection (a). The Secretary of | ||||||
10 | State is not liable for any damages, costs, or expenses, | ||||||
11 | including, without limitation, consequential damages, arising | ||||||
12 | or resulting from any inaccurate or incomplete data or system | ||||||
13 | unavailability. Except for willful or wanton misconduct, the | ||||||
14 | Secretary of State shall not incur any liability relating to | ||||||
15 | the reporting of disabilities or special needs individuals. | ||||||
16 | (f) As used in this Section: | ||||||
17 | "Disability" means an individual's physical or mental | ||||||
18 | impairment that substantially limits one or more of the major | ||||||
19 | life activities; a record of such impairment; or when the | ||||||
20 | individual is regarded as having such impairment. | ||||||
21 | "Public safety worker" means a person employed by this | ||||||
22 | State or a political subdivision thereof that provides | ||||||
23 | firefighting, law enforcement, medical or other emergency | ||||||
24 | services. | ||||||
25 | "Special needs individuals" means those individuals who | ||||||
26 | have or are at increased risk for a chronic physical, |
| |||||||
| |||||||
1 | developmental, behavioral, or emotional condition and who also | ||||||
2 | require health and related services of a type or amount beyond | ||||||
3 | that required by individuals generally. | ||||||
4 | (Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
| ||||||
5 | (625 ILCS 5/6-201)
| ||||||
6 | (Text of Section before amendment by P.A. 101-623 )
| ||||||
7 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
8 | (a) The Secretary of State is authorized to cancel any | ||||||
9 | license or permit
upon determining that the holder thereof:
| ||||||
10 | 1. was not entitled to the issuance thereof hereunder; | ||||||
11 | or
| ||||||
12 | 2. failed to give the required or correct information | ||||||
13 | in his
application; or
| ||||||
14 | 3. failed to pay any fees, civil penalties owed to the | ||||||
15 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
16 | and upon reasonable notice and demand;
or
| ||||||
17 | 4. committed any fraud in the making of such | ||||||
18 | application; or
| ||||||
19 | 5. is ineligible therefor under the provisions of | ||||||
20 | Section 6-103 of this
Act, as amended; or
| ||||||
21 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
22 | and
intoxicating compound evaluation or to
submit to | ||||||
23 | examination or re-examination as required under this Act; | ||||||
24 | or
| ||||||
25 | 7. has been convicted of violating the Cannabis Control |
| |||||||
| |||||||
1 | Act,
the
Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, or | ||||||
3 | the Use of Intoxicating Compounds
Act while that individual | ||||||
4 | was in actual physical
control of a motor vehicle. For | ||||||
5 | purposes of this Section, any person placed on
probation | ||||||
6 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
7 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
8 | the Methamphetamine Control and Community Protection Act | ||||||
9 | shall not be considered convicted. Any
person found guilty | ||||||
10 | of this offense, while in actual physical control of a
| ||||||
11 | motor vehicle, shall have an entry made in the court record | ||||||
12 | by the
judge that this offense did occur while the person | ||||||
13 | was in actual
physical control of a motor vehicle and order | ||||||
14 | the clerk of the court to report
the violation to the | ||||||
15 | Secretary of State as such. After the cancellation, the
| ||||||
16 | Secretary of State shall not issue a new license or permit | ||||||
17 | for a period of one
year after the date of cancellation. | ||||||
18 | However, upon application, the Secretary
of State may, if | ||||||
19 | satisfied that the person applying will not endanger the
| ||||||
20 | public safety, or welfare, issue a restricted driving | ||||||
21 | permit granting the
privilege of driving a motor vehicle | ||||||
22 | between the petitioner's residence and
petitioner's place | ||||||
23 | of employment or within the scope of the petitioner's | ||||||
24 | employment
related duties, or to allow transportation for
| ||||||
25 | the petitioner or a household member of the petitioner's | ||||||
26 | family for the receipt of
necessary medical care, or |
| |||||||
| |||||||
1 | provide transportation for the petitioner to and from | ||||||
2 | alcohol or drug remedial or
rehabilitative activity | ||||||
3 | recommended by a licensed service provider, or for the | ||||||
4 | petitioner to attend classes, as a student,
in an | ||||||
5 | accredited educational institution. The petitioner must
| ||||||
6 | demonstrate that no alternative means of transportation is | ||||||
7 | reasonably
available; provided that the Secretary's | ||||||
8 | discretion shall be limited to
cases where undue hardship, | ||||||
9 | as defined by the rules of the Secretary of State, would | ||||||
10 | result from a failure to issue such
restricted driving | ||||||
11 | permit. In each case the Secretary of State may issue
such | ||||||
12 | restricted driving permit for such period as he deems | ||||||
13 | appropriate,
except that such permit shall expire no later | ||||||
14 | than 2 years from the date of
issuance. A restricted | ||||||
15 | driving permit issued hereunder shall be subject to
| ||||||
16 | cancellation, revocation and suspension by the Secretary | ||||||
17 | of State in like
manner and for like cause as a driver's | ||||||
18 | license issued hereunder may be
cancelled, revoked or | ||||||
19 | suspended; except that a conviction upon one or more
| ||||||
20 | offenses against laws or ordinances regulating the | ||||||
21 | movement of traffic
shall be deemed sufficient cause for | ||||||
22 | the revocation, suspension or
cancellation of a restricted | ||||||
23 | driving permit. The Secretary of State may,
as a condition | ||||||
24 | to the issuance of a restricted driving permit, require the
| ||||||
25 | applicant to participate in a driver remedial or | ||||||
26 | rehabilitative
program. In accordance with 49 C.F.R. 384, |
| |||||||
| |||||||
1 | the Secretary of State may not issue a restricted driving | ||||||
2 | permit for the operation of a commercial motor vehicle to a | ||||||
3 | person holding a CDL whose driving privileges have been | ||||||
4 | revoked, suspended, cancelled, or disqualified under this | ||||||
5 | Code; or
| ||||||
6 | 8. failed to submit a report as required by Section | ||||||
7 | 6-116.5 of this
Code; or
| ||||||
8 | 9. has been convicted of a sex offense as defined in | ||||||
9 | the Sex Offender Registration Act. The driver's license | ||||||
10 | shall remain cancelled until the driver registers as a sex | ||||||
11 | offender as required by the Sex Offender Registration Act, | ||||||
12 | proof of the registration is furnished to the Secretary of | ||||||
13 | State and the sex offender provides proof of current | ||||||
14 | address to the Secretary; or
| ||||||
15 | 10. is ineligible for a license or permit under Section | ||||||
16 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
17 | 11. refused or neglected to appear at a Driver Services | ||||||
18 | facility to have the license or permit corrected and a new | ||||||
19 | license or permit issued or to present documentation for | ||||||
20 | verification of identity; or
| ||||||
21 | 12. failed to submit a medical examiner's certificate | ||||||
22 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
23 | submitted a fraudulent medical examiner's certificate or | ||||||
24 | medical variance; or | ||||||
25 | 13. has had his or her medical examiner's certificate, | ||||||
26 | medical variance, or both removed or rescinded by the |
| |||||||
| |||||||
1 | Federal Motor Carrier Safety Administration; or | ||||||
2 | 14. failed to self-certify as to the type of driving in | ||||||
3 | which the CDL driver engages or expects to engage; or | ||||||
4 | 15. has submitted acceptable documentation indicating | ||||||
5 | out-of-state residency to the Secretary of State to be | ||||||
6 | released from the requirement of showing proof of financial | ||||||
7 | responsibility in this State; or | ||||||
8 | 16. was convicted of fraud relating to the testing or | ||||||
9 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
10 | shall be cancelled. After cancellation, the Secretary | ||||||
11 | shall not issue a CLP or CDL for a period of one year from | ||||||
12 | the date of cancellation; or | ||||||
13 | 17. has a special restricted license under subsection | ||||||
14 | (g) of Section 6-113 of this Code and failed to submit the | ||||||
15 | required annual vision specialist report that the special | ||||||
16 | restricted license holder's vision has not changed; or | ||||||
17 | 18. has a special restricted license under subsection | ||||||
18 | (g) of Section 6-113 of this Code and was convicted or | ||||||
19 | received court supervision for a violation of this Code | ||||||
20 | that occurred during nighttime hours or was involved in a | ||||||
21 | motor vehicle crash accident during nighttime hours in | ||||||
22 | which the restricted license holder was at fault; or | ||||||
23 | 19. has assisted an out-of-state resident in acquiring | ||||||
24 | an Illinois driver's license or identification card by | ||||||
25 | providing or allowing the out-of-state resident to use his | ||||||
26 | or her Illinois address of residence and is complicit in |
| |||||||
| |||||||
1 | distributing and forwarding the Illinois driver's license | ||||||
2 | or identification card to the out-of-state resident. | ||||||
3 | (b) Upon such cancellation the licensee or permittee must | ||||||
4 | surrender the
license or permit so cancelled to the Secretary | ||||||
5 | of State.
| ||||||
6 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
7 | Secretary of State
shall have exclusive authority to grant, | ||||||
8 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
9 | drivers' licenses and restricted driving permits.
| ||||||
10 | (d) The Secretary of State may adopt rules to implement | ||||||
11 | this Section.
| ||||||
12 | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19 .)
| ||||||
13 | (Text of Section after amendment by P.A. 101-623 )
| ||||||
14 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
15 | (a) The Secretary of State is authorized to cancel any | ||||||
16 | license or permit
upon determining that the holder thereof:
| ||||||
17 | 1. was not entitled to the issuance thereof hereunder; | ||||||
18 | or
| ||||||
19 | 2. failed to give the required or correct information | ||||||
20 | in his
application; or
| ||||||
21 | 3. failed to pay any fees owed to the Secretary of | ||||||
22 | State under this Code for the license or permit;
or
| ||||||
23 | 4. committed any fraud in the making of such | ||||||
24 | application; or
| ||||||
25 | 5. is ineligible therefor under the provisions of |
| |||||||
| |||||||
1 | Section 6-103 of this
Act, as amended; or
| ||||||
2 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
3 | and
intoxicating compound evaluation or to
submit to | ||||||
4 | examination or re-examination as required under this Act; | ||||||
5 | or
| ||||||
6 | 7. has been convicted of violating the Cannabis Control | ||||||
7 | Act,
the
Illinois Controlled Substances Act, the | ||||||
8 | Methamphetamine Control and Community Protection Act, or | ||||||
9 | the Use of Intoxicating Compounds
Act while that individual | ||||||
10 | was in actual physical
control of a motor vehicle. For | ||||||
11 | purposes of this Section, any person placed on
probation | ||||||
12 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
13 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
14 | the Methamphetamine Control and Community Protection Act | ||||||
15 | shall not be considered convicted. Any
person found guilty | ||||||
16 | of this offense, while in actual physical control of a
| ||||||
17 | motor vehicle, shall have an entry made in the court record | ||||||
18 | by the
judge that this offense did occur while the person | ||||||
19 | was in actual
physical control of a motor vehicle and order | ||||||
20 | the clerk of the court to report
the violation to the | ||||||
21 | Secretary of State as such. After the cancellation, the
| ||||||
22 | Secretary of State shall not issue a new license or permit | ||||||
23 | for a period of one
year after the date of cancellation. | ||||||
24 | However, upon application, the Secretary
of State may, if | ||||||
25 | satisfied that the person applying will not endanger the
| ||||||
26 | public safety, or welfare, issue a restricted driving |
| |||||||
| |||||||
1 | permit granting the
privilege of driving a motor vehicle | ||||||
2 | between the petitioner's residence and
petitioner's place | ||||||
3 | of employment or within the scope of the petitioner's | ||||||
4 | employment
related duties, or to allow transportation for
| ||||||
5 | the petitioner or a household member of the petitioner's | ||||||
6 | family for the receipt of
necessary medical care, or | ||||||
7 | provide transportation for the petitioner to and from | ||||||
8 | alcohol or drug remedial or
rehabilitative activity | ||||||
9 | recommended by a licensed service provider, or for the | ||||||
10 | petitioner to attend classes, as a student,
in an | ||||||
11 | accredited educational institution. The petitioner must
| ||||||
12 | demonstrate that no alternative means of transportation is | ||||||
13 | reasonably
available; provided that the Secretary's | ||||||
14 | discretion shall be limited to
cases where undue hardship, | ||||||
15 | as defined by the rules of the Secretary of State, would | ||||||
16 | result from a failure to issue such
restricted driving | ||||||
17 | permit. In each case the Secretary of State may issue
such | ||||||
18 | restricted driving permit for such period as he deems | ||||||
19 | appropriate,
except that such permit shall expire no later | ||||||
20 | than 2 years from the date of
issuance. A restricted | ||||||
21 | driving permit issued hereunder shall be subject to
| ||||||
22 | cancellation, revocation and suspension by the Secretary | ||||||
23 | of State in like
manner and for like cause as a driver's | ||||||
24 | license issued hereunder may be
cancelled, revoked or | ||||||
25 | suspended; except that a conviction upon one or more
| ||||||
26 | offenses against laws or ordinances regulating the |
| |||||||
| |||||||
1 | movement of traffic
shall be deemed sufficient cause for | ||||||
2 | the revocation, suspension or
cancellation of a restricted | ||||||
3 | driving permit. The Secretary of State may,
as a condition | ||||||
4 | to the issuance of a restricted driving permit, require the
| ||||||
5 | applicant to participate in a driver remedial or | ||||||
6 | rehabilitative
program. In accordance with 49 C.F.R. 384, | ||||||
7 | the Secretary of State may not issue a restricted driving | ||||||
8 | permit for the operation of a commercial motor vehicle to a | ||||||
9 | person holding a CDL whose driving privileges have been | ||||||
10 | revoked, suspended, cancelled, or disqualified under this | ||||||
11 | Code; or
| ||||||
12 | 8. failed to submit a report as required by Section | ||||||
13 | 6-116.5 of this
Code; or
| ||||||
14 | 9. has been convicted of a sex offense as defined in | ||||||
15 | the Sex Offender Registration Act. The driver's license | ||||||
16 | shall remain cancelled until the driver registers as a sex | ||||||
17 | offender as required by the Sex Offender Registration Act, | ||||||
18 | proof of the registration is furnished to the Secretary of | ||||||
19 | State and the sex offender provides proof of current | ||||||
20 | address to the Secretary; or
| ||||||
21 | 10. is ineligible for a license or permit under Section | ||||||
22 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
23 | 11. refused or neglected to appear at a Driver Services | ||||||
24 | facility to have the license or permit corrected and a new | ||||||
25 | license or permit issued or to present documentation for | ||||||
26 | verification of identity; or
|
| |||||||
| |||||||
1 | 12. failed to submit a medical examiner's certificate | ||||||
2 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
3 | submitted a fraudulent medical examiner's certificate or | ||||||
4 | medical variance; or | ||||||
5 | 13. has had his or her medical examiner's certificate, | ||||||
6 | medical variance, or both removed or rescinded by the | ||||||
7 | Federal Motor Carrier Safety Administration; or | ||||||
8 | 14. failed to self-certify as to the type of driving in | ||||||
9 | which the CDL driver engages or expects to engage; or | ||||||
10 | 15. has submitted acceptable documentation indicating | ||||||
11 | out-of-state residency to the Secretary of State to be | ||||||
12 | released from the requirement of showing proof of financial | ||||||
13 | responsibility in this State; or | ||||||
14 | 16. was convicted of fraud relating to the testing or | ||||||
15 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
16 | shall be cancelled. After cancellation, the Secretary | ||||||
17 | shall not issue a CLP or CDL for a period of one year from | ||||||
18 | the date of cancellation; or | ||||||
19 | 17. has a special restricted license under subsection | ||||||
20 | (g) of Section 6-113 of this Code and failed to submit the | ||||||
21 | required annual vision specialist report that the special | ||||||
22 | restricted license holder's vision has not changed; or | ||||||
23 | 18. has a special restricted license under subsection | ||||||
24 | (g) of Section 6-113 of this Code and was convicted or | ||||||
25 | received court supervision for a violation of this Code | ||||||
26 | that occurred during nighttime hours or was involved in a |
| |||||||
| |||||||
1 | motor vehicle crash accident during nighttime hours in | ||||||
2 | which the restricted license holder was at fault; or | ||||||
3 | 19. has assisted an out-of-state resident in acquiring | ||||||
4 | an Illinois driver's license or identification card by | ||||||
5 | providing or allowing the out-of-state resident to use his | ||||||
6 | or her Illinois address of residence and is complicit in | ||||||
7 | distributing and forwarding the Illinois driver's license | ||||||
8 | or identification card to the out-of-state resident. | ||||||
9 | (b) Upon such cancellation the licensee or permittee must | ||||||
10 | surrender the
license or permit so cancelled to the Secretary | ||||||
11 | of State.
| ||||||
12 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
13 | Secretary of State
shall have exclusive authority to grant, | ||||||
14 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
15 | drivers' licenses and restricted driving permits.
| ||||||
16 | (d) The Secretary of State may adopt rules to implement | ||||||
17 | this Section.
| ||||||
18 | (Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19; | ||||||
19 | 101-623, eff. 7-1-20.)
| ||||||
20 | (625 ILCS 5/6-205)
| ||||||
21 | (Text of Section before amendment by P.A. 101-623 )
| ||||||
22 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
23 | hardship cases.
| ||||||
24 | (a) Except as provided in this Section, the Secretary of | ||||||
25 | State shall
immediately revoke the license, permit, or driving |
| |||||||
| |||||||
1 | privileges of
any driver upon receiving a
report of the | ||||||
2 | driver's conviction of any of the following offenses:
| ||||||
3 | 1. Reckless homicide resulting from the operation of a | ||||||
4 | motor vehicle;
| ||||||
5 | 2. Violation of Section 11-501 of this Code or a | ||||||
6 | similar provision of
a local ordinance relating to the | ||||||
7 | offense of operating or being in physical
control of a | ||||||
8 | vehicle while under the influence of alcohol, other drug or
| ||||||
9 | drugs, intoxicating compound or compounds, or any | ||||||
10 | combination thereof;
| ||||||
11 | 3. Any felony under the laws of any State or the | ||||||
12 | federal government
in the commission of which a motor | ||||||
13 | vehicle was used;
| ||||||
14 | 4. Violation of Section 11-401 of this Code relating to | ||||||
15 | the offense of
leaving the scene of a traffic crash | ||||||
16 | accident involving death or personal injury;
| ||||||
17 | 5. Perjury or the making of a false affidavit or | ||||||
18 | statement under
oath to the Secretary of State under this | ||||||
19 | Code or under any
other law relating to the ownership or | ||||||
20 | operation of motor vehicles;
| ||||||
21 | 6. Conviction upon 3 charges of violation of Section | ||||||
22 | 11-503 of this
Code relating to the offense of reckless | ||||||
23 | driving committed within a
period of 12 months;
| ||||||
24 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
25 | of this Code;
| ||||||
26 | 8. Violation of Section 11-504 of this Code relating to |
| |||||||
| |||||||
1 | the offense
of drag racing;
| ||||||
2 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
3 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
5 | motor vehicle;
| ||||||
6 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
7 | to aggravated
fleeing or attempting to elude a peace | ||||||
8 | officer;
| ||||||
9 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
10 | Section 6-507,
or a similar law of any other state, | ||||||
11 | relating to the
unlawful operation of a commercial motor | ||||||
12 | vehicle;
| ||||||
13 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
14 | this Code or a
similar provision of a local ordinance if | ||||||
15 | the driver has been previously
convicted of a violation of | ||||||
16 | that Section or a similar provision of a local
ordinance | ||||||
17 | and the driver was less than 21 years of age at the time of | ||||||
18 | the
offense;
| ||||||
19 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
20 | this Code or a similar provision of a local ordinance | ||||||
21 | relating to the offense of street racing;
| ||||||
22 | 15. A second or subsequent conviction of driving while | ||||||
23 | the person's driver's license, permit or privileges was | ||||||
24 | revoked for reckless homicide or a similar out-of-state | ||||||
25 | offense; | ||||||
26 | 16. Any offense against any provision in this Code, or |
| |||||||
| |||||||
1 | any local ordinance, regulating the
movement of traffic | ||||||
2 | when that offense was the proximate cause of the death of | ||||||
3 | any person. Any person whose driving privileges have been | ||||||
4 | revoked pursuant to this paragraph may seek to have the | ||||||
5 | revocation terminated or to have the length of revocation | ||||||
6 | reduced by requesting an administrative hearing with the | ||||||
7 | Secretary of State prior to the projected driver's license | ||||||
8 | application eligibility date; | ||||||
9 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
10 | of this Code or a similar provision of a local ordinance; | ||||||
11 | 18. A second or subsequent conviction of illegal | ||||||
12 | possession, while operating or in actual physical control, | ||||||
13 | as a driver, of a motor vehicle, of any controlled | ||||||
14 | substance prohibited under the Illinois Controlled | ||||||
15 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
16 | Control Act, or any methamphetamine prohibited under the | ||||||
17 | Methamphetamine Control and Community Protection Act. A | ||||||
18 | defendant found guilty of this offense while operating a | ||||||
19 | motor vehicle
shall have an entry made in the court record | ||||||
20 | by the presiding judge that
this offense did occur while | ||||||
21 | the defendant was operating a motor vehicle
and order the | ||||||
22 | clerk of the court to report the violation to the Secretary
| ||||||
23 | of State; | ||||||
24 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
25 | this Code, or a similar provision of a local ordinance, | ||||||
26 | relating to the offense of overtaking or passing of a |
| |||||||
| |||||||
1 | school bus when the driver, in committing the violation, is | ||||||
2 | involved in a motor vehicle crash accident that results in | ||||||
3 | death to another and the violation is a proximate cause of | ||||||
4 | the death. | ||||||
5 | (b) The Secretary of State shall also immediately revoke | ||||||
6 | the license
or permit of any driver in the following | ||||||
7 | situations:
| ||||||
8 | 1. Of any minor upon receiving the notice provided for | ||||||
9 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
10 | minor has been
adjudicated under that Act as having | ||||||
11 | committed an offense relating to
motor vehicles prescribed | ||||||
12 | in Section 4-103 of this Code;
| ||||||
13 | 2. Of any person when any other law of this State | ||||||
14 | requires either the
revocation or suspension of a license | ||||||
15 | or permit;
| ||||||
16 | 3. Of any person adjudicated under the Juvenile Court | ||||||
17 | Act of 1987 based on an offense determined to have been | ||||||
18 | committed in furtherance of the criminal activities of an | ||||||
19 | organized gang as provided in Section 5-710 of that Act, | ||||||
20 | and that involved the operation or use of a motor vehicle | ||||||
21 | or the use of a driver's license or permit. The revocation | ||||||
22 | shall remain in effect for the period determined by the | ||||||
23 | court. | ||||||
24 | (c)(1) Whenever a person is convicted of any of the | ||||||
25 | offenses enumerated in
this Section, the court may recommend | ||||||
26 | and the Secretary of State in his
discretion, without regard to |
| |||||||
| |||||||
1 | whether the recommendation is made by the
court may, upon | ||||||
2 | application,
issue to the person a
restricted driving permit | ||||||
3 | granting the privilege of driving a motor
vehicle between the | ||||||
4 | petitioner's residence and petitioner's place
of employment or | ||||||
5 | within the scope of the petitioner's employment related
duties, | ||||||
6 | or to allow the petitioner to transport himself or herself or a | ||||||
7 | family member
of the petitioner's household to a medical | ||||||
8 | facility for the receipt of necessary medical care or to allow | ||||||
9 | the
petitioner to transport himself or herself to and from | ||||||
10 | alcohol or drug remedial or rehabilitative activity | ||||||
11 | recommended by a licensed service provider, or to allow the
| ||||||
12 | petitioner to transport himself or herself or a family member | ||||||
13 | of the petitioner's household to classes, as a student, at an | ||||||
14 | accredited educational
institution, or to allow the petitioner | ||||||
15 | to transport children, elderly persons, or persons with | ||||||
16 | disabilities who do not hold driving privileges and are living | ||||||
17 | in the petitioner's household to and from daycare; if the | ||||||
18 | petitioner is able to demonstrate that no alternative means
of | ||||||
19 | transportation is reasonably available and that the petitioner | ||||||
20 | will not endanger
the public safety or welfare; provided that | ||||||
21 | the Secretary's discretion shall be
limited to cases where | ||||||
22 | undue hardship, as defined by the rules of the Secretary of | ||||||
23 | State, would result from a failure to issue the
restricted | ||||||
24 | driving permit.
| ||||||
25 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
26 | subsection (b) of Section 6-208 of this Code may make |
| |||||||
| |||||||
1 | application for a restricted driving permit at a hearing | ||||||
2 | conducted under Section 2-118 of this Code after the expiration | ||||||
3 | of 5 years from the effective date of the most recent | ||||||
4 | revocation, or after 5 years from the date of release from a | ||||||
5 | period of imprisonment resulting from a conviction of the most | ||||||
6 | recent offense, whichever is later, provided the person, in | ||||||
7 | addition to all other requirements of the Secretary, shows by | ||||||
8 | clear and convincing evidence: | ||||||
9 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
10 | from alcohol and the unlawful use or consumption of | ||||||
11 | cannabis under the Cannabis Control Act, a controlled | ||||||
12 | substance under the Illinois Controlled Substances Act, an | ||||||
13 | intoxicating compound under the Use of Intoxicating | ||||||
14 | Compounds Act, or methamphetamine under the | ||||||
15 | Methamphetamine Control and Community Protection Act; and | ||||||
16 | (B) the successful completion of any rehabilitative | ||||||
17 | treatment and involvement in any ongoing rehabilitative | ||||||
18 | activity that may be recommended by a properly licensed | ||||||
19 | service provider according to an assessment of the person's | ||||||
20 | alcohol or drug use under Section 11-501.01 of this Code. | ||||||
21 | In determining whether an applicant is eligible for a | ||||||
22 | restricted driving permit under this paragraph (1.5), the | ||||||
23 | Secretary may consider any relevant evidence, including, but | ||||||
24 | not limited to, testimony, affidavits, records, and the results | ||||||
25 | of regular alcohol or drug tests. Persons subject to the | ||||||
26 | provisions of paragraph 4 of subsection (b) of Section 6-208 of |
| |||||||
| |||||||
1 | this Code and who have been convicted of more than one | ||||||
2 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
3 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
4 | eligible to apply for a restricted driving permit. | ||||||
5 | A restricted driving permit issued under this paragraph | ||||||
6 | (1.5) shall provide that the holder may only operate motor | ||||||
7 | vehicles equipped with an ignition interlock device as required | ||||||
8 | under paragraph (2) of subsection (c) of this Section and | ||||||
9 | subparagraph (A) of paragraph 3 of subsection (c) of Section | ||||||
10 | 6-206 of this Code. The Secretary may revoke a restricted | ||||||
11 | driving permit or amend the conditions of a restricted driving | ||||||
12 | permit issued under this paragraph (1.5) if the holder operates | ||||||
13 | a vehicle that is not equipped with an ignition interlock | ||||||
14 | device, or for any other reason authorized under this Code. | ||||||
15 | A restricted driving permit issued under this paragraph | ||||||
16 | (1.5) shall be revoked, and the holder barred from applying for | ||||||
17 | or being issued a restricted driving permit in the future, if | ||||||
18 | the holder is subsequently convicted of a violation of Section | ||||||
19 | 11-501 of this Code, a similar provision of a local ordinance, | ||||||
20 | or a similar offense in another state. | ||||||
21 | (2) If a person's license or permit is revoked or suspended | ||||||
22 | due to 2 or
more convictions of violating Section 11-501 of | ||||||
23 | this Code or a similar
provision of a local ordinance or a | ||||||
24 | similar out-of-state offense, or Section 9-3 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012, where the use of | ||||||
26 | alcohol or other drugs is recited as an element of the offense, |
| |||||||
| |||||||
1 | or a similar out-of-state offense, or a combination of these | ||||||
2 | offenses, arising out
of separate occurrences, that person, if | ||||||
3 | issued a restricted driving permit,
may not operate a vehicle | ||||||
4 | unless it has been equipped with an ignition
interlock device | ||||||
5 | as defined in Section 1-129.1.
| ||||||
6 | (3) If:
| ||||||
7 | (A) a person's license or permit is revoked or | ||||||
8 | suspended 2 or more
times due to any combination of: | ||||||
9 | (i)
a single conviction of violating Section
| ||||||
10 | 11-501 of this Code or a similar provision of a local | ||||||
11 | ordinance or a similar
out-of-state offense, or | ||||||
12 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, where the use of alcohol or | ||||||
14 | other drugs is recited as an element of the offense, or | ||||||
15 | a similar out-of-state offense; or | ||||||
16 | (ii)
a statutory summary suspension or revocation | ||||||
17 | under Section
11-501.1; or | ||||||
18 | (iii)
a suspension pursuant to Section 6-203.1;
| ||||||
19 | arising out of
separate occurrences; or | ||||||
20 | (B)
a person has been convicted of one violation of | ||||||
21 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
22 | of Section 11-501 of this Code, Section 9-3 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
24 | offense of reckless homicide where the use of alcohol or | ||||||
25 | other drugs was recited as an element of the offense, or a | ||||||
26 | similar provision of a law of another state;
|
| |||||||
| |||||||
1 | that person, if issued a restricted
driving permit, may not | ||||||
2 | operate a vehicle unless it has been equipped with an
ignition | ||||||
3 | interlock device as defined in Section 1-129.1. | ||||||
4 | (4)
The person issued a permit conditioned on the use of an | ||||||
5 | ignition interlock device must pay to the Secretary of State | ||||||
6 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
7 | The Secretary shall establish by rule the amount
and the | ||||||
8 | procedures, terms, and conditions relating to these fees. | ||||||
9 | (5)
If the restricted driving permit is issued for | ||||||
10 | employment purposes, then
the prohibition against operating a | ||||||
11 | motor vehicle that is not equipped with an ignition interlock | ||||||
12 | device does not apply to the operation of an occupational | ||||||
13 | vehicle
owned or leased by that person's employer when used | ||||||
14 | solely for employment purposes. For any person who, within a | ||||||
15 | 5-year period, is convicted of a second or subsequent offense | ||||||
16 | under Section 11-501 of this Code, or a similar provision of a | ||||||
17 | local ordinance or similar out-of-state offense, this | ||||||
18 | employment exemption does not apply until either a one-year | ||||||
19 | period has elapsed during which that person had his or her | ||||||
20 | driving privileges revoked or a one-year period has elapsed | ||||||
21 | during which that person had a restricted driving permit which | ||||||
22 | required the use of an ignition interlock device on every motor | ||||||
23 | vehicle owned or operated by that person. | ||||||
24 | (6)
In each case the Secretary of State may issue a
| ||||||
25 | restricted driving permit for a period he deems appropriate, | ||||||
26 | except that the
permit shall expire no later than 2 years from |
| |||||||
| |||||||
1 | the date of issuance. A restricted
driving permit issued under | ||||||
2 | this Section shall be
subject to cancellation, revocation, and | ||||||
3 | suspension by the Secretary of
State in like manner and for | ||||||
4 | like cause as a driver's license issued
under this Code may be | ||||||
5 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
6 | one or more offenses against laws or
ordinances regulating the | ||||||
7 | movement of traffic shall be deemed sufficient cause
for the | ||||||
8 | revocation, suspension, or cancellation of a restricted | ||||||
9 | driving permit.
The Secretary of State may, as a condition to | ||||||
10 | the issuance of a restricted
driving permit, require the | ||||||
11 | petitioner to participate in a designated driver
remedial or | ||||||
12 | rehabilitative program. The Secretary of State is authorized to
| ||||||
13 | cancel a restricted driving permit if the permit holder does | ||||||
14 | not successfully
complete the program. However, if an | ||||||
15 | individual's driving privileges have been
revoked in | ||||||
16 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
17 | no
restricted driving permit shall be issued until the | ||||||
18 | individual has served 6
months of the revocation period.
| ||||||
19 | (c-5) (Blank).
| ||||||
20 | (c-6) If a person is convicted of a second violation of | ||||||
21 | operating a motor vehicle while the person's driver's license, | ||||||
22 | permit or privilege was revoked, where the revocation was for a | ||||||
23 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 relating to the offense of reckless | ||||||
25 | homicide or a similar out-of-state offense, the person's | ||||||
26 | driving privileges shall be revoked pursuant to subdivision |
| |||||||
| |||||||
1 | (a)(15) of this Section. The person may not make application | ||||||
2 | for a license or permit until the expiration of five years from | ||||||
3 | the effective date of the revocation or the expiration of five | ||||||
4 | years from the date of release from a term of imprisonment, | ||||||
5 | whichever is later. | ||||||
6 | (c-7) If a person is convicted of a third or subsequent | ||||||
7 | violation of operating a motor vehicle while the person's | ||||||
8 | driver's license, permit or privilege was revoked, where the | ||||||
9 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
11 | offense of reckless homicide or a similar out-of-state offense, | ||||||
12 | the person may never apply for a license or permit. | ||||||
13 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
14 | under Section
11-501 of this Code or a similar provision of a | ||||||
15 | local ordinance or a similar out-of-state offense, the
| ||||||
16 | Secretary of State shall revoke the driving privileges of that | ||||||
17 | person. One
year after the date of revocation, and upon | ||||||
18 | application, the Secretary of
State may, if satisfied that the | ||||||
19 | person applying will not endanger the
public safety or welfare, | ||||||
20 | issue a restricted driving permit granting the
privilege of | ||||||
21 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
22 | p.m. or as otherwise provided by this Section for a period of | ||||||
23 | one year.
After this one-year period, and upon reapplication | ||||||
24 | for a license as
provided in Section 6-106, upon payment of the | ||||||
25 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
26 | Section 6-118, the Secretary of State,
in his discretion, may
|
| |||||||
| |||||||
1 | reinstate the petitioner's driver's license and driving | ||||||
2 | privileges, or extend the restricted driving permit as many | ||||||
3 | times as the
Secretary of State deems appropriate, by | ||||||
4 | additional periods of not more than
24 months each.
| ||||||
5 | (2) If a person's license or permit is revoked or | ||||||
6 | suspended due to 2 or
more convictions of violating Section | ||||||
7 | 11-501 of this Code or a similar
provision of a local | ||||||
8 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | where the use of alcohol or other drugs is recited as an | ||||||
11 | element of the offense, or a similar out-of-state offense, | ||||||
12 | or a combination of these offenses, arising out
of separate | ||||||
13 | occurrences, that person, if issued a restricted driving | ||||||
14 | permit,
may not operate a vehicle unless it has been | ||||||
15 | equipped with an ignition
interlock device as defined in | ||||||
16 | Section 1-129.1.
| ||||||
17 | (3) If a person's license or permit is revoked or | ||||||
18 | suspended 2 or more times
due to any combination of: | ||||||
19 | (A) a single conviction of violating Section | ||||||
20 | 11-501
of this
Code or a similar provision of a local | ||||||
21 | ordinance or a similar out-of-state
offense, or | ||||||
22 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, where the use of alcohol or | ||||||
24 | other drugs is recited as an element of the offense, or | ||||||
25 | a similar out-of-state offense; or | ||||||
26 | (B)
a statutory summary suspension or revocation |
| |||||||
| |||||||
1 | under Section 11-501.1; or | ||||||
2 | (C) a suspension pursuant to Section 6-203.1; | ||||||
3 | arising out of separate occurrences, that person, if issued | ||||||
4 | a
restricted
driving permit, may not operate a vehicle | ||||||
5 | unless it has been equipped with an
ignition interlock | ||||||
6 | device as defined in Section 1-129.1. | ||||||
7 | (3.5) If a person's license or permit is revoked or | ||||||
8 | suspended due to a conviction for a violation of | ||||||
9 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
10 | of Section 11-501 of this Code, or a similar provision of a | ||||||
11 | local ordinance or similar out-of-state offense, that | ||||||
12 | person, if issued a restricted driving permit, may not | ||||||
13 | operate a vehicle unless it has been equipped with an | ||||||
14 | ignition interlock device as defined in Section 1-129.1. | ||||||
15 | (4)
The person issued a permit conditioned upon the use | ||||||
16 | of an interlock device must pay to the Secretary of State | ||||||
17 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
18 | month. The Secretary shall establish by rule the amount
and | ||||||
19 | the procedures, terms, and conditions relating to these | ||||||
20 | fees. | ||||||
21 | (5)
If the restricted driving permit is issued for | ||||||
22 | employment purposes, then
the prohibition against driving | ||||||
23 | a vehicle that is not equipped with an ignition interlock | ||||||
24 | device does not apply to the operation of an occupational | ||||||
25 | vehicle
owned or leased by that person's employer when used | ||||||
26 | solely for employment purposes. For any person who, within |
| |||||||
| |||||||
1 | a 5-year period, is convicted of a second or subsequent | ||||||
2 | offense under Section 11-501 of this Code, or a similar | ||||||
3 | provision of a local ordinance or similar out-of-state | ||||||
4 | offense, this employment exemption does not apply until | ||||||
5 | either a one-year period has elapsed during which that | ||||||
6 | person had his or her driving privileges revoked or a | ||||||
7 | one-year period has elapsed during which that person had a | ||||||
8 | restricted driving permit which required the use of an | ||||||
9 | ignition interlock device on every motor vehicle owned or | ||||||
10 | operated by that person. | ||||||
11 | (6) A
restricted driving permit issued under this | ||||||
12 | Section shall be subject to
cancellation, revocation, and | ||||||
13 | suspension by the Secretary of State in like
manner and for | ||||||
14 | like cause as a driver's license issued under this Code may | ||||||
15 | be
cancelled, revoked, or suspended; except that a | ||||||
16 | conviction upon one or more
offenses against laws or | ||||||
17 | ordinances regulating the movement of traffic
shall be | ||||||
18 | deemed sufficient cause for the revocation, suspension, or
| ||||||
19 | cancellation of a restricted driving permit.
| ||||||
20 | (d-5) The revocation of the license, permit, or driving | ||||||
21 | privileges of a person convicted of a third or subsequent | ||||||
22 | violation of Section 6-303 of this Code committed while his or | ||||||
23 | her driver's license, permit, or privilege was revoked because | ||||||
24 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
26 | homicide, or a similar provision of a law of another state, is |
| |||||||
| |||||||
1 | permanent. The Secretary may not, at any time, issue a license | ||||||
2 | or permit to that person.
| ||||||
3 | (e) This Section is subject to the provisions of the Driver | ||||||
4 | License
Compact.
| ||||||
5 | (f) Any revocation imposed upon any person under | ||||||
6 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
7 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
8 | period of time.
| ||||||
9 | (g) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to
a person under the age of 16 years whose | ||||||
11 | driving privileges have been revoked
under any provisions of | ||||||
12 | this Code.
| ||||||
13 | (h) The Secretary of State shall require the use of | ||||||
14 | ignition interlock
devices for a period not less than 5 years | ||||||
15 | on all vehicles owned by a person who has been convicted of a
| ||||||
16 | second or subsequent offense under Section 11-501 of this Code | ||||||
17 | or a similar
provision of a local ordinance. The person must | ||||||
18 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
19 | not to exceed $30 for each month that he or she uses the | ||||||
20 | device. The Secretary shall establish by rule and
regulation | ||||||
21 | the procedures for certification and use of the interlock
| ||||||
22 | system, the amount of the fee, and the procedures, terms, and | ||||||
23 | conditions relating to these fees. During the time period in | ||||||
24 | which a person is required to install an ignition interlock | ||||||
25 | device under this subsection (h), that person shall only | ||||||
26 | operate vehicles in which ignition interlock devices have been |
| |||||||
| |||||||
1 | installed, except as allowed by subdivision (c)(5) or (d)(5) of | ||||||
2 | this Section.
| ||||||
3 | (i) (Blank).
| ||||||
4 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
5 | State may not issue a restricted driving permit for the | ||||||
6 | operation of a commercial motor vehicle to a person holding a | ||||||
7 | CDL whose driving privileges have been revoked, suspended, | ||||||
8 | cancelled, or disqualified under any provisions of this Code.
| ||||||
9 | (k) The Secretary of State shall notify by mail any person | ||||||
10 | whose driving privileges have been revoked under paragraph 16 | ||||||
11 | of subsection (a) of this Section that his or her driving | ||||||
12 | privileges and driver's license will be revoked 90 days from | ||||||
13 | the date of the mailing of the notice. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | ||||||
15 | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | ||||||
16 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
17 | 100-223, eff. 8-18-17; 100-803, eff. 1-1-19 .)
| ||||||
18 | (Text of Section after amendment by P.A. 101-623 )
| ||||||
19 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
20 | hardship cases.
| ||||||
21 | (a) Except as provided in this Section, the Secretary of | ||||||
22 | State shall
immediately revoke the license, permit, or driving | ||||||
23 | privileges of
any driver upon receiving a
report of the | ||||||
24 | driver's conviction of any of the following offenses:
| ||||||
25 | 1. Reckless homicide resulting from the operation of a |
| |||||||
| |||||||
1 | motor vehicle;
| ||||||
2 | 2. Violation of Section 11-501 of this Code or a | ||||||
3 | similar provision of
a local ordinance relating to the | ||||||
4 | offense of operating or being in physical
control of a | ||||||
5 | vehicle while under the influence of alcohol, other drug or
| ||||||
6 | drugs, intoxicating compound or compounds, or any | ||||||
7 | combination thereof;
| ||||||
8 | 3. Any felony under the laws of any State or the | ||||||
9 | federal government
in the commission of which a motor | ||||||
10 | vehicle was used;
| ||||||
11 | 4. Violation of Section 11-401 of this Code relating to | ||||||
12 | the offense of
leaving the scene of a traffic crash | ||||||
13 | accident involving death or personal injury;
| ||||||
14 | 5. Perjury or the making of a false affidavit or | ||||||
15 | statement under
oath to the Secretary of State under this | ||||||
16 | Code or under any
other law relating to the ownership or | ||||||
17 | operation of motor vehicles;
| ||||||
18 | 6. Conviction upon 3 charges of violation of Section | ||||||
19 | 11-503 of this
Code relating to the offense of reckless | ||||||
20 | driving committed within a
period of 12 months;
| ||||||
21 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
22 | of this Code if the person exercised actual physical | ||||||
23 | control over the vehicle during the commission of the | ||||||
24 | offense;
| ||||||
25 | 8. Violation of Section 11-504 of this Code relating to | ||||||
26 | the offense
of drag racing;
|
| |||||||
| |||||||
1 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
2 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
4 | motor vehicle;
| ||||||
5 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
6 | to aggravated
fleeing or attempting to elude a peace | ||||||
7 | officer;
| ||||||
8 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
9 | Section 6-507,
or a similar law of any other state, | ||||||
10 | relating to the
unlawful operation of a commercial motor | ||||||
11 | vehicle;
| ||||||
12 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
13 | this Code or a
similar provision of a local ordinance if | ||||||
14 | the driver has been previously
convicted of a violation of | ||||||
15 | that Section or a similar provision of a local
ordinance | ||||||
16 | and the driver was less than 21 years of age at the time of | ||||||
17 | the
offense;
| ||||||
18 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
19 | this Code or a similar provision of a local ordinance | ||||||
20 | relating to the offense of street racing;
| ||||||
21 | 15. A second or subsequent conviction of driving while | ||||||
22 | the person's driver's license, permit or privileges was | ||||||
23 | revoked for reckless homicide or a similar out-of-state | ||||||
24 | offense; | ||||||
25 | 16. Any offense against any provision in this Code, or | ||||||
26 | any local ordinance, regulating the
movement of traffic |
| |||||||
| |||||||
1 | when that offense was the proximate cause of the death of | ||||||
2 | any person. Any person whose driving privileges have been | ||||||
3 | revoked pursuant to this paragraph may seek to have the | ||||||
4 | revocation terminated or to have the length of revocation | ||||||
5 | reduced by requesting an administrative hearing with the | ||||||
6 | Secretary of State prior to the projected driver's license | ||||||
7 | application eligibility date; | ||||||
8 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
9 | of this Code or a similar provision of a local ordinance; | ||||||
10 | 18. A second or subsequent conviction of illegal | ||||||
11 | possession, while operating or in actual physical control, | ||||||
12 | as a driver, of a motor vehicle, of any controlled | ||||||
13 | substance prohibited under the Illinois Controlled | ||||||
14 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
15 | Control Act, or any methamphetamine prohibited under the | ||||||
16 | Methamphetamine Control and Community Protection Act. A | ||||||
17 | defendant found guilty of this offense while operating a | ||||||
18 | motor vehicle
shall have an entry made in the court record | ||||||
19 | by the presiding judge that
this offense did occur while | ||||||
20 | the defendant was operating a motor vehicle
and order the | ||||||
21 | clerk of the court to report the violation to the Secretary
| ||||||
22 | of State; | ||||||
23 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
24 | this Code, or a similar provision of a local ordinance, | ||||||
25 | relating to the offense of overtaking or passing of a | ||||||
26 | school bus when the driver, in committing the violation, is |
| |||||||
| |||||||
1 | involved in a motor vehicle crash accident that results in | ||||||
2 | death to another and the violation is a proximate cause of | ||||||
3 | the death. | ||||||
4 | (b) The Secretary of State shall also immediately revoke | ||||||
5 | the license
or permit of any driver in the following | ||||||
6 | situations:
| ||||||
7 | 1. Of any minor upon receiving the notice provided for | ||||||
8 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
9 | minor has been
adjudicated under that Act as having | ||||||
10 | committed an offense relating to
motor vehicles prescribed | ||||||
11 | in Section 4-103 of this Code;
| ||||||
12 | 2. Of any person when any other law of this State | ||||||
13 | requires either the
revocation or suspension of a license | ||||||
14 | or permit;
| ||||||
15 | 3. Of any person adjudicated under the Juvenile Court | ||||||
16 | Act of 1987 based on an offense determined to have been | ||||||
17 | committed in furtherance of the criminal activities of an | ||||||
18 | organized gang as provided in Section 5-710 of that Act, | ||||||
19 | and that involved the operation or use of a motor vehicle | ||||||
20 | or the use of a driver's license or permit. The revocation | ||||||
21 | shall remain in effect for the period determined by the | ||||||
22 | court. | ||||||
23 | (c)(1) Whenever a person is convicted of any of the | ||||||
24 | offenses enumerated in
this Section, the court may recommend | ||||||
25 | and the Secretary of State in his
discretion, without regard to | ||||||
26 | whether the recommendation is made by the
court may, upon |
| |||||||
| |||||||
1 | application,
issue to the person a
restricted driving permit | ||||||
2 | granting the privilege of driving a motor
vehicle between the | ||||||
3 | petitioner's residence and petitioner's place
of employment or | ||||||
4 | within the scope of the petitioner's employment related
duties, | ||||||
5 | or to allow the petitioner to transport himself or herself or a | ||||||
6 | family member
of the petitioner's household to a medical | ||||||
7 | facility for the receipt of necessary medical care or to allow | ||||||
8 | the
petitioner to transport himself or herself to and from | ||||||
9 | alcohol or drug remedial or rehabilitative activity | ||||||
10 | recommended by a licensed service provider, or to allow the
| ||||||
11 | petitioner to transport himself or herself or a family member | ||||||
12 | of the petitioner's household to classes, as a student, at an | ||||||
13 | accredited educational
institution, or to allow the petitioner | ||||||
14 | to transport children, elderly persons, or persons with | ||||||
15 | disabilities who do not hold driving privileges and are living | ||||||
16 | in the petitioner's household to and from daycare; if the | ||||||
17 | petitioner is able to demonstrate that no alternative means
of | ||||||
18 | transportation is reasonably available and that the petitioner | ||||||
19 | will not endanger
the public safety or welfare; provided that | ||||||
20 | the Secretary's discretion shall be
limited to cases where | ||||||
21 | undue hardship, as defined by the rules of the Secretary of | ||||||
22 | State, would result from a failure to issue the
restricted | ||||||
23 | driving permit.
| ||||||
24 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
25 | subsection (b) of Section 6-208 of this Code may make | ||||||
26 | application for a restricted driving permit at a hearing |
| |||||||
| |||||||
1 | conducted under Section 2-118 of this Code after the expiration | ||||||
2 | of 5 years from the effective date of the most recent | ||||||
3 | revocation, or after 5 years from the date of release from a | ||||||
4 | period of imprisonment resulting from a conviction of the most | ||||||
5 | recent offense, whichever is later, provided the person, in | ||||||
6 | addition to all other requirements of the Secretary, shows by | ||||||
7 | clear and convincing evidence: | ||||||
8 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
9 | from alcohol and the unlawful use or consumption of | ||||||
10 | cannabis under the Cannabis Control Act, a controlled | ||||||
11 | substance under the Illinois Controlled Substances Act, an | ||||||
12 | intoxicating compound under the Use of Intoxicating | ||||||
13 | Compounds Act, or methamphetamine under the | ||||||
14 | Methamphetamine Control and Community Protection Act; and | ||||||
15 | (B) the successful completion of any rehabilitative | ||||||
16 | treatment and involvement in any ongoing rehabilitative | ||||||
17 | activity that may be recommended by a properly licensed | ||||||
18 | service provider according to an assessment of the person's | ||||||
19 | alcohol or drug use under Section 11-501.01 of this Code. | ||||||
20 | In determining whether an applicant is eligible for a | ||||||
21 | restricted driving permit under this paragraph (1.5), the | ||||||
22 | Secretary may consider any relevant evidence, including, but | ||||||
23 | not limited to, testimony, affidavits, records, and the results | ||||||
24 | of regular alcohol or drug tests. Persons subject to the | ||||||
25 | provisions of paragraph 4 of subsection (b) of Section 6-208 of | ||||||
26 | this Code and who have been convicted of more than one |
| |||||||
| |||||||
1 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
2 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
3 | eligible to apply for a restricted driving permit. | ||||||
4 | A restricted driving permit issued under this paragraph | ||||||
5 | (1.5) shall provide that the holder may only operate motor | ||||||
6 | vehicles equipped with an ignition interlock device as required | ||||||
7 | under paragraph (2) of subsection (c) of this Section and | ||||||
8 | subparagraph (A) of paragraph 3 of subsection (c) of Section | ||||||
9 | 6-206 of this Code. The Secretary may revoke a restricted | ||||||
10 | driving permit or amend the conditions of a restricted driving | ||||||
11 | permit issued under this paragraph (1.5) if the holder operates | ||||||
12 | a vehicle that is not equipped with an ignition interlock | ||||||
13 | device, or for any other reason authorized under this Code. | ||||||
14 | A restricted driving permit issued under this paragraph | ||||||
15 | (1.5) shall be revoked, and the holder barred from applying for | ||||||
16 | or being issued a restricted driving permit in the future, if | ||||||
17 | the holder is subsequently convicted of a violation of Section | ||||||
18 | 11-501 of this Code, a similar provision of a local ordinance, | ||||||
19 | or a similar offense in another state. | ||||||
20 | (2) If a person's license or permit is revoked or suspended | ||||||
21 | due to 2 or
more convictions of violating Section 11-501 of | ||||||
22 | this Code or a similar
provision of a local ordinance or a | ||||||
23 | similar out-of-state offense, or Section 9-3 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012, where the use of | ||||||
25 | alcohol or other drugs is recited as an element of the offense, | ||||||
26 | or a similar out-of-state offense, or a combination of these |
| |||||||
| |||||||
1 | offenses, arising out
of separate occurrences, that person, if | ||||||
2 | issued a restricted driving permit,
may not operate a vehicle | ||||||
3 | unless it has been equipped with an ignition
interlock device | ||||||
4 | as defined in Section 1-129.1.
| ||||||
5 | (3) If:
| ||||||
6 | (A) a person's license or permit is revoked or | ||||||
7 | suspended 2 or more
times due to any combination of: | ||||||
8 | (i)
a single conviction of violating Section
| ||||||
9 | 11-501 of this Code or a similar provision of a local | ||||||
10 | ordinance or a similar
out-of-state offense, or | ||||||
11 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012, where the use of alcohol or | ||||||
13 | other drugs is recited as an element of the offense, or | ||||||
14 | a similar out-of-state offense; or | ||||||
15 | (ii)
a statutory summary suspension or revocation | ||||||
16 | under Section
11-501.1; or | ||||||
17 | (iii)
a suspension pursuant to Section 6-203.1;
| ||||||
18 | arising out of
separate occurrences; or | ||||||
19 | (B)
a person has been convicted of one violation of | ||||||
20 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
21 | of Section 11-501 of this Code, Section 9-3 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
23 | offense of reckless homicide where the use of alcohol or | ||||||
24 | other drugs was recited as an element of the offense, or a | ||||||
25 | similar provision of a law of another state;
| ||||||
26 | that person, if issued a restricted
driving permit, may not |
| |||||||
| |||||||
1 | operate a vehicle unless it has been equipped with an
ignition | ||||||
2 | interlock device as defined in Section 1-129.1. | ||||||
3 | (4)
The person issued a permit conditioned on the use of an | ||||||
4 | ignition interlock device must pay to the Secretary of State | ||||||
5 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
6 | The Secretary shall establish by rule the amount
and the | ||||||
7 | procedures, terms, and conditions relating to these fees. | ||||||
8 | (5)
If the restricted driving permit is issued for | ||||||
9 | employment purposes, then
the prohibition against operating a | ||||||
10 | motor vehicle that is not equipped with an ignition interlock | ||||||
11 | device does not apply to the operation of an occupational | ||||||
12 | vehicle
owned or leased by that person's employer when used | ||||||
13 | solely for employment purposes. For any person who, within a | ||||||
14 | 5-year period, is convicted of a second or subsequent offense | ||||||
15 | under Section 11-501 of this Code, or a similar provision of a | ||||||
16 | local ordinance or similar out-of-state offense, this | ||||||
17 | employment exemption does not apply until either a one-year | ||||||
18 | period has elapsed during which that person had his or her | ||||||
19 | driving privileges revoked or a one-year period has elapsed | ||||||
20 | during which that person had a restricted driving permit which | ||||||
21 | required the use of an ignition interlock device on every motor | ||||||
22 | vehicle owned or operated by that person. | ||||||
23 | (6)
In each case the Secretary of State may issue a
| ||||||
24 | restricted driving permit for a period he deems appropriate, | ||||||
25 | except that the
permit shall expire no later than 2 years from | ||||||
26 | the date of issuance. A restricted
driving permit issued under |
| |||||||
| |||||||
1 | this Section shall be
subject to cancellation, revocation, and | ||||||
2 | suspension by the Secretary of
State in like manner and for | ||||||
3 | like cause as a driver's license issued
under this Code may be | ||||||
4 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
5 | one or more offenses against laws or
ordinances regulating the | ||||||
6 | movement of traffic shall be deemed sufficient cause
for the | ||||||
7 | revocation, suspension, or cancellation of a restricted | ||||||
8 | driving permit.
The Secretary of State may, as a condition to | ||||||
9 | the issuance of a restricted
driving permit, require the | ||||||
10 | petitioner to participate in a designated driver
remedial or | ||||||
11 | rehabilitative program. The Secretary of State is authorized to
| ||||||
12 | cancel a restricted driving permit if the permit holder does | ||||||
13 | not successfully
complete the program. However, if an | ||||||
14 | individual's driving privileges have been
revoked in | ||||||
15 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
16 | no
restricted driving permit shall be issued until the | ||||||
17 | individual has served 6
months of the revocation period.
| ||||||
18 | (c-5) (Blank).
| ||||||
19 | (c-6) If a person is convicted of a second violation of | ||||||
20 | operating a motor vehicle while the person's driver's license, | ||||||
21 | permit or privilege was revoked, where the revocation was for a | ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 relating to the offense of reckless | ||||||
24 | homicide or a similar out-of-state offense, the person's | ||||||
25 | driving privileges shall be revoked pursuant to subdivision | ||||||
26 | (a)(15) of this Section. The person may not make application |
| |||||||
| |||||||
1 | for a license or permit until the expiration of five years from | ||||||
2 | the effective date of the revocation or the expiration of five | ||||||
3 | years from the date of release from a term of imprisonment, | ||||||
4 | whichever is later. | ||||||
5 | (c-7) If a person is convicted of a third or subsequent | ||||||
6 | violation of operating a motor vehicle while the person's | ||||||
7 | driver's license, permit or privilege was revoked, where the | ||||||
8 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
10 | offense of reckless homicide or a similar out-of-state offense, | ||||||
11 | the person may never apply for a license or permit. | ||||||
12 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
13 | under Section
11-501 of this Code or a similar provision of a | ||||||
14 | local ordinance or a similar out-of-state offense, the
| ||||||
15 | Secretary of State shall revoke the driving privileges of that | ||||||
16 | person. One
year after the date of revocation, and upon | ||||||
17 | application, the Secretary of
State may, if satisfied that the | ||||||
18 | person applying will not endanger the
public safety or welfare, | ||||||
19 | issue a restricted driving permit granting the
privilege of | ||||||
20 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
21 | p.m. or as otherwise provided by this Section for a period of | ||||||
22 | one year.
After this one-year period, and upon reapplication | ||||||
23 | for a license as
provided in Section 6-106, upon payment of the | ||||||
24 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
25 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
26 | reinstate the petitioner's driver's license and driving |
| |||||||
| |||||||
1 | privileges, or extend the restricted driving permit as many | ||||||
2 | times as the
Secretary of State deems appropriate, by | ||||||
3 | additional periods of not more than
24 months each.
| ||||||
4 | (2) If a person's license or permit is revoked or | ||||||
5 | suspended due to 2 or
more convictions of violating Section | ||||||
6 | 11-501 of this Code or a similar
provision of a local | ||||||
7 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | where the use of alcohol or other drugs is recited as an | ||||||
10 | element of the offense, or a similar out-of-state offense, | ||||||
11 | or a combination of these offenses, arising out
of separate | ||||||
12 | occurrences, that person, if issued a restricted driving | ||||||
13 | permit,
may not operate a vehicle unless it has been | ||||||
14 | equipped with an ignition
interlock device as defined in | ||||||
15 | Section 1-129.1.
| ||||||
16 | (3) If a person's license or permit is revoked or | ||||||
17 | suspended 2 or more times
due to any combination of: | ||||||
18 | (A) a single conviction of violating Section | ||||||
19 | 11-501
of this
Code or a similar provision of a local | ||||||
20 | ordinance or a similar out-of-state
offense, or | ||||||
21 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, where the use of alcohol or | ||||||
23 | other drugs is recited as an element of the offense, or | ||||||
24 | a similar out-of-state offense; or | ||||||
25 | (B)
a statutory summary suspension or revocation | ||||||
26 | under Section 11-501.1; or |
| |||||||
| |||||||
1 | (C) a suspension pursuant to Section 6-203.1; | ||||||
2 | arising out of separate occurrences, that person, if issued | ||||||
3 | a
restricted
driving permit, may not operate a vehicle | ||||||
4 | unless it has been equipped with an
ignition interlock | ||||||
5 | device as defined in Section 1-129.1. | ||||||
6 | (3.5) If a person's license or permit is revoked or | ||||||
7 | suspended due to a conviction for a violation of | ||||||
8 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
9 | of Section 11-501 of this Code, or a similar provision of a | ||||||
10 | local ordinance or similar out-of-state offense, that | ||||||
11 | person, if issued a restricted driving permit, may not | ||||||
12 | operate a vehicle unless it has been equipped with an | ||||||
13 | ignition interlock device as defined in Section 1-129.1. | ||||||
14 | (4)
The person issued a permit conditioned upon the use | ||||||
15 | of an interlock device must pay to the Secretary of State | ||||||
16 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
17 | month. The Secretary shall establish by rule the amount
and | ||||||
18 | the procedures, terms, and conditions relating to these | ||||||
19 | fees. | ||||||
20 | (5)
If the restricted driving permit is issued for | ||||||
21 | employment purposes, then
the prohibition against driving | ||||||
22 | a vehicle that is not equipped with an ignition interlock | ||||||
23 | device does not apply to the operation of an occupational | ||||||
24 | vehicle
owned or leased by that person's employer when used | ||||||
25 | solely for employment purposes. For any person who, within | ||||||
26 | a 5-year period, is convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense under Section 11-501 of this Code, or a similar | ||||||
2 | provision of a local ordinance or similar out-of-state | ||||||
3 | offense, this employment exemption does not apply until | ||||||
4 | either a one-year period has elapsed during which that | ||||||
5 | person had his or her driving privileges revoked or a | ||||||
6 | one-year period has elapsed during which that person had a | ||||||
7 | restricted driving permit which required the use of an | ||||||
8 | ignition interlock device on every motor vehicle owned or | ||||||
9 | operated by that person. | ||||||
10 | (6) A
restricted driving permit issued under this | ||||||
11 | Section shall be subject to
cancellation, revocation, and | ||||||
12 | suspension by the Secretary of State in like
manner and for | ||||||
13 | like cause as a driver's license issued under this Code may | ||||||
14 | be
cancelled, revoked, or suspended; except that a | ||||||
15 | conviction upon one or more
offenses against laws or | ||||||
16 | ordinances regulating the movement of traffic
shall be | ||||||
17 | deemed sufficient cause for the revocation, suspension, or
| ||||||
18 | cancellation of a restricted driving permit.
| ||||||
19 | (d-5) The revocation of the license, permit, or driving | ||||||
20 | privileges of a person convicted of a third or subsequent | ||||||
21 | violation of Section 6-303 of this Code committed while his or | ||||||
22 | her driver's license, permit, or privilege was revoked because | ||||||
23 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
25 | homicide, or a similar provision of a law of another state, is | ||||||
26 | permanent. The Secretary may not, at any time, issue a license |
| |||||||
| |||||||
1 | or permit to that person.
| ||||||
2 | (e) This Section is subject to the provisions of the Driver | ||||||
3 | License
Compact.
| ||||||
4 | (f) Any revocation imposed upon any person under | ||||||
5 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
6 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
7 | period of time.
| ||||||
8 | (g) The Secretary of State shall not issue a restricted | ||||||
9 | driving permit to
a person under the age of 16 years whose | ||||||
10 | driving privileges have been revoked
under any provisions of | ||||||
11 | this Code.
| ||||||
12 | (h) The Secretary of State shall require the use of | ||||||
13 | ignition interlock
devices for a period not less than 5 years | ||||||
14 | on all vehicles owned by a person who has been convicted of a
| ||||||
15 | second or subsequent offense under Section 11-501 of this Code | ||||||
16 | or a similar
provision of a local ordinance. The person must | ||||||
17 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
18 | not to exceed $30 for each month that he or she uses the | ||||||
19 | device. The Secretary shall establish by rule and
regulation | ||||||
20 | the procedures for certification and use of the interlock
| ||||||
21 | system, the amount of the fee, and the procedures, terms, and | ||||||
22 | conditions relating to these fees. During the time period in | ||||||
23 | which a person is required to install an ignition interlock | ||||||
24 | device under this subsection (h), that person shall only | ||||||
25 | operate vehicles in which ignition interlock devices have been | ||||||
26 | installed, except as allowed by subdivision (c)(5) or (d)(5) of |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | (i) (Blank).
| ||||||
3 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
4 | State may not issue a restricted driving permit for the | ||||||
5 | operation of a commercial motor vehicle to a person holding a | ||||||
6 | CDL whose driving privileges have been revoked, suspended, | ||||||
7 | cancelled, or disqualified under any provisions of this Code.
| ||||||
8 | (k) The Secretary of State shall notify by mail any person | ||||||
9 | whose driving privileges have been revoked under paragraph 16 | ||||||
10 | of subsection (a) of this Section that his or her driving | ||||||
11 | privileges and driver's license will be revoked 90 days from | ||||||
12 | the date of the mailing of the notice. | ||||||
13 | (Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19; | ||||||
14 | 101-623, eff. 7-1-20.)
| ||||||
15 | (625 ILCS 5/6-206)
| ||||||
16 | (Text of Section before amendment by P.A. 101-90, 101-470, | ||||||
17 | and 101-623 ) | ||||||
18 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
19 | license or
permit; right to a hearing.
| ||||||
20 | (a) The Secretary of State is authorized to suspend or | ||||||
21 | revoke the
driving privileges of any person without preliminary | ||||||
22 | hearing upon a showing
of the person's records or other | ||||||
23 | sufficient evidence that
the person:
| ||||||
24 | 1. Has committed an offense for which mandatory | ||||||
25 | revocation of
a driver's license or permit is required upon |
| |||||||
| |||||||
1 | conviction;
| ||||||
2 | 2. Has been convicted of not less than 3 offenses | ||||||
3 | against traffic
regulations governing the movement of | ||||||
4 | vehicles committed within any 12-month 12
month period. No | ||||||
5 | revocation or suspension shall be entered more than
6 | ||||||
6 | months after the date of last conviction;
| ||||||
7 | 3. Has been repeatedly involved as a driver in motor | ||||||
8 | vehicle
collisions or has been repeatedly convicted of | ||||||
9 | offenses against laws and
ordinances regulating the | ||||||
10 | movement of traffic, to a degree that
indicates lack of | ||||||
11 | ability to exercise ordinary and reasonable care in
the | ||||||
12 | safe operation of a motor vehicle or disrespect for the | ||||||
13 | traffic laws
and the safety of other persons upon the | ||||||
14 | highway;
| ||||||
15 | 4. Has by the unlawful operation of a motor vehicle | ||||||
16 | caused or
contributed to a crash an accident resulting in | ||||||
17 | injury requiring
immediate professional treatment in a | ||||||
18 | medical facility or doctor's office
to any person, except | ||||||
19 | that any suspension or revocation imposed by the
Secretary | ||||||
20 | of State under the provisions of this subsection shall | ||||||
21 | start no
later than 6 months after being convicted of | ||||||
22 | violating a law or
ordinance regulating the movement of | ||||||
23 | traffic, which violation is related
to the crash accident , | ||||||
24 | or shall start not more than one year
after
the date of the | ||||||
25 | crash accident , whichever date occurs later;
| ||||||
26 | 5. Has permitted an unlawful or fraudulent use of a |
| |||||||
| |||||||
1 | driver's
license, identification card, or permit;
| ||||||
2 | 6. Has been lawfully convicted of an offense or | ||||||
3 | offenses in another
state, including the authorization | ||||||
4 | contained in Section 6-203.1, which
if committed within | ||||||
5 | this State would be grounds for suspension or revocation;
| ||||||
6 | 7. Has refused or failed to submit to an examination | ||||||
7 | provided for by
Section 6-207 or has failed to pass the | ||||||
8 | examination;
| ||||||
9 | 8. Is ineligible for a driver's license or permit under | ||||||
10 | the provisions
of Section 6-103;
| ||||||
11 | 9. Has made a false statement or knowingly concealed a | ||||||
12 | material fact
or has used false information or | ||||||
13 | identification in any application for a
license, | ||||||
14 | identification card, or permit;
| ||||||
15 | 10. Has possessed, displayed, or attempted to | ||||||
16 | fraudulently use any
license, identification card, or | ||||||
17 | permit not issued to the person;
| ||||||
18 | 11. Has operated a motor vehicle upon a highway of this | ||||||
19 | State when
the person's driving privilege or privilege to | ||||||
20 | obtain a driver's license
or permit was revoked or | ||||||
21 | suspended unless the operation was authorized by
a | ||||||
22 | monitoring device driving permit, judicial driving permit | ||||||
23 | issued prior to January 1, 2009, probationary license to | ||||||
24 | drive, or a restricted
driving permit issued under this | ||||||
25 | Code;
| ||||||
26 | 12. Has submitted to any portion of the application |
| |||||||
| |||||||
1 | process for
another person or has obtained the services of | ||||||
2 | another person to submit to
any portion of the application | ||||||
3 | process for the purpose of obtaining a
license, | ||||||
4 | identification card, or permit for some other person;
| ||||||
5 | 13. Has operated a motor vehicle upon a highway of this | ||||||
6 | State when
the person's driver's license or permit was | ||||||
7 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
8 | 14. Has committed a violation of Section 6-301, | ||||||
9 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
10 | 14B of the Illinois Identification Card
Act;
| ||||||
11 | 15. Has been convicted of violating Section 21-2 of the | ||||||
12 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
13 | to criminal trespass to vehicles in which case, the | ||||||
14 | suspension
shall be for one year;
| ||||||
15 | 16. Has been convicted of violating Section 11-204 of | ||||||
16 | this Code relating
to fleeing from a peace officer;
| ||||||
17 | 17. Has refused to submit to a test, or tests, as | ||||||
18 | required under Section
11-501.1 of this Code and the person | ||||||
19 | has not sought a hearing as
provided for in Section | ||||||
20 | 11-501.1;
| ||||||
21 | 18. Has, since issuance of a driver's license or | ||||||
22 | permit, been adjudged
to be afflicted with or suffering | ||||||
23 | from any mental disability or disease;
| ||||||
24 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
25 | of Section 6-101
relating to driving without a driver's | ||||||
26 | license;
|
| |||||||
| |||||||
1 | 20. Has been convicted of violating Section 6-104 | ||||||
2 | relating to
classification of driver's license;
| ||||||
3 | 21. Has been convicted of violating Section 11-402 of
| ||||||
4 | this Code relating to leaving the scene of a crash an | ||||||
5 | accident resulting in damage
to a vehicle in excess of | ||||||
6 | $1,000, in which case the suspension shall be
for one year;
| ||||||
7 | 22. Has used a motor vehicle in violating paragraph | ||||||
8 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
9 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | relating
to unlawful use of weapons, in which case the | ||||||
11 | suspension shall be for one
year;
| ||||||
12 | 23. Has, as a driver, been convicted of committing a | ||||||
13 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
14 | for a second or subsequent
time within one year of a | ||||||
15 | similar violation;
| ||||||
16 | 24. Has been convicted by a court-martial or punished | ||||||
17 | by non-judicial
punishment by military authorities of the | ||||||
18 | United States at a military
installation in Illinois or in | ||||||
19 | another state of or for a traffic-related traffic related | ||||||
20 | offense that is the
same as or similar to an offense | ||||||
21 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
22 | 25. Has permitted any form of identification to be used | ||||||
23 | by another in
the application process in order to obtain or | ||||||
24 | attempt to obtain a license,
identification card, or | ||||||
25 | permit;
| ||||||
26 | 26. Has altered or attempted to alter a license or has |
| |||||||
| |||||||
1 | possessed an
altered license, identification card, or | ||||||
2 | permit;
| ||||||
3 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
4 | of 1934;
| ||||||
5 | 28. Has been convicted for a first time of the illegal | ||||||
6 | possession, while operating or
in actual physical control, | ||||||
7 | as a driver, of a motor vehicle, of any
controlled | ||||||
8 | substance prohibited under the Illinois Controlled | ||||||
9 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
10 | Control
Act, or any methamphetamine prohibited under the | ||||||
11 | Methamphetamine Control and Community Protection Act, in | ||||||
12 | which case the person's driving privileges shall be | ||||||
13 | suspended for
one year.
Any defendant found guilty of this | ||||||
14 | offense while operating a motor vehicle ,
shall have an | ||||||
15 | entry made in the court record by the presiding judge that
| ||||||
16 | this offense did occur while the defendant was operating a | ||||||
17 | motor vehicle
and order the clerk of the court to report | ||||||
18 | the violation to the Secretary
of State;
| ||||||
19 | 29. Has been convicted of the following offenses that | ||||||
20 | were committed
while the person was operating or in actual | ||||||
21 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
22 | sexual assault,
predatory criminal sexual assault of a | ||||||
23 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
24 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
25 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
26 | prostitution as described in subdivision (a)(1), (a)(2), |
| |||||||
| |||||||
1 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
3 | delivery of controlled substances or instruments used for | ||||||
4 | illegal drug use
or abuse in which case the driver's | ||||||
5 | driving privileges shall be suspended
for one year;
| ||||||
6 | 30. Has been convicted a second or subsequent time for | ||||||
7 | any
combination of the offenses named in paragraph 29 of | ||||||
8 | this subsection,
in which case the person's driving | ||||||
9 | privileges shall be suspended for 5
years;
| ||||||
10 | 31. Has refused to submit to a test as
required by | ||||||
11 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
12 | Registration and Safety Act or has submitted to a test | ||||||
13 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
14 | any amount of a drug, substance, or
compound resulting from | ||||||
15 | the unlawful use or consumption of cannabis as listed
in | ||||||
16 | the Cannabis Control Act, a controlled substance as listed | ||||||
17 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
18 | compound as listed in the Use of
Intoxicating Compounds | ||||||
19 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
20 | Control and Community Protection Act, in which case the | ||||||
21 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
22 | 32. Has been convicted of Section 24-1.2 of the | ||||||
23 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
24 | to the aggravated discharge of a firearm if the offender | ||||||
25 | was
located in a motor vehicle at the time the firearm was | ||||||
26 | discharged, in which
case the suspension shall be for 3 |
| |||||||
| |||||||
1 | years;
| ||||||
2 | 33. Has as a driver, who was less than 21 years of age | ||||||
3 | on the date of
the offense, been convicted a first time of | ||||||
4 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
5 | or a similar provision of a local ordinance;
| ||||||
6 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
7 | this Code or a similar provision of a local ordinance;
| ||||||
8 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
9 | this Code or a similar provision of a local ordinance;
| ||||||
10 | 36. Is under the age of 21 years at the time of arrest | ||||||
11 | and has been
convicted of not less than 2 offenses against | ||||||
12 | traffic regulations governing
the movement of vehicles | ||||||
13 | committed within any 24-month 24 month period. No | ||||||
14 | revocation
or suspension shall be entered more than 6 | ||||||
15 | months after the date of last
conviction;
| ||||||
16 | 37. Has committed a violation of subsection (c) of | ||||||
17 | Section 11-907 of this
Code that resulted in damage to the | ||||||
18 | property of another or the death or injury of another;
| ||||||
19 | 38. Has been convicted of a violation of Section 6-20 | ||||||
20 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
21 | a local ordinance;
| ||||||
22 | 39. Has committed a second or subsequent violation of | ||||||
23 | Section
11-1201 of this Code;
| ||||||
24 | 40. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-908 of
this Code; | ||||||
26 | 41. Has committed a second or subsequent violation of |
| |||||||
| |||||||
1 | Section 11-605.1 of this Code, a similar provision of a | ||||||
2 | local ordinance, or a similar violation in any other state | ||||||
3 | within 2 years of the date of the previous violation, in | ||||||
4 | which case the suspension shall be for 90 days; | ||||||
5 | 42. Has committed a violation of subsection (a-1) of | ||||||
6 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
7 | local ordinance;
| ||||||
8 | 43. Has received a disposition of court supervision for | ||||||
9 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
10 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
11 | a local ordinance, in which case the suspension shall be | ||||||
12 | for a period of 3 months;
| ||||||
13 | 44.
Is under the age of 21 years at the time of arrest | ||||||
14 | and has been convicted of an offense against traffic | ||||||
15 | regulations governing the movement of vehicles after | ||||||
16 | having previously had his or her driving privileges
| ||||||
17 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
18 | Section; | ||||||
19 | 45.
Has, in connection with or during the course of a | ||||||
20 | formal hearing conducted under Section 2-118 of this Code: | ||||||
21 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
22 | falsified documents; (iii) submitted documents that have | ||||||
23 | been materially altered; or (iv) submitted, as his or her | ||||||
24 | own, documents that were in fact prepared or composed for | ||||||
25 | another person; | ||||||
26 | 46. Has committed a violation of subsection (j) of |
| |||||||
| |||||||
1 | Section 3-413 of this Code;
| ||||||
2 | 47. Has committed a violation of Section 11-502.1 of | ||||||
3 | this Code; or | ||||||
4 | 48. Has submitted a falsified or altered medical | ||||||
5 | examiner's certificate to the Secretary of State or | ||||||
6 | provided false information to obtain a medical examiner's | ||||||
7 | certificate. | ||||||
8 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
9 | and 27 of this
subsection, license means any driver's license, | ||||||
10 | any traffic ticket issued when
the person's driver's license is | ||||||
11 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
12 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
13 | a probationary driver's license , or a temporary driver's | ||||||
14 | license. | ||||||
15 | (b) If any conviction forming the basis of a suspension or
| ||||||
16 | revocation authorized under this Section is appealed, the
| ||||||
17 | Secretary of State may rescind or withhold the entry of the | ||||||
18 | order of suspension
or revocation, as the case may be, provided | ||||||
19 | that a certified copy of a stay
order of a court is filed with | ||||||
20 | the Secretary of State. If the conviction is
affirmed on | ||||||
21 | appeal, the date of the conviction shall relate back to the | ||||||
22 | time
the original judgment of conviction was entered and the | ||||||
23 | 6-month 6 month limitation
prescribed shall not apply.
| ||||||
24 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
25 | permit of
any person as authorized in this Section, the | ||||||
26 | Secretary of State shall
immediately notify the person in |
| |||||||
| |||||||
1 | writing of the revocation or suspension.
The notice to be | ||||||
2 | deposited in the United States mail, postage prepaid,
to the | ||||||
3 | last known address of the person.
| ||||||
4 | 2. If the Secretary of State suspends the driver's license
| ||||||
5 | of a person under subsection 2 of paragraph (a) of this | ||||||
6 | Section, a
person's privilege to operate a vehicle as an | ||||||
7 | occupation shall not be
suspended, provided an affidavit is | ||||||
8 | properly completed, the appropriate fee
received, and a permit | ||||||
9 | issued prior to the effective date of the
suspension, unless 5 | ||||||
10 | offenses were committed, at least 2 of which occurred
while | ||||||
11 | operating a commercial vehicle in connection with the driver's
| ||||||
12 | regular occupation. All other driving privileges shall be | ||||||
13 | suspended by the
Secretary of State. Any driver prior to | ||||||
14 | operating a vehicle for
occupational purposes only must submit | ||||||
15 | the affidavit on forms to be
provided by the Secretary of State | ||||||
16 | setting forth the facts of the person's
occupation. The | ||||||
17 | affidavit shall also state the number of offenses
committed | ||||||
18 | while operating a vehicle in connection with the driver's | ||||||
19 | regular
occupation. The affidavit shall be accompanied by the | ||||||
20 | driver's license.
Upon receipt of a properly completed | ||||||
21 | affidavit, the Secretary of State
shall issue the driver a | ||||||
22 | permit to operate a vehicle in connection with the
driver's | ||||||
23 | regular occupation only. Unless the permit is issued by the
| ||||||
24 | Secretary of State prior to the date of suspension, the | ||||||
25 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
26 | forth in the notice that was
mailed under this Section. If an |
| |||||||
| |||||||
1 | affidavit is received subsequent to the
effective date of this | ||||||
2 | suspension, a permit may be issued for the remainder
of the | ||||||
3 | suspension period.
| ||||||
4 | The provisions of this subparagraph shall not apply to any | ||||||
5 | driver
required to possess a CDL for the purpose of operating a | ||||||
6 | commercial motor vehicle.
| ||||||
7 | Any person who falsely states any fact in the affidavit | ||||||
8 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
9 | and upon conviction
thereof shall have all driving privileges | ||||||
10 | revoked without further rights.
| ||||||
11 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
12 | this Code,
the Secretary of State shall either rescind or | ||||||
13 | continue an order of
revocation or shall substitute an order of | ||||||
14 | suspension; or, good
cause appearing therefor, rescind, | ||||||
15 | continue, change, or extend the
order of suspension. If the | ||||||
16 | Secretary of State does not rescind the order,
the Secretary | ||||||
17 | may upon application,
to relieve undue hardship (as defined by | ||||||
18 | the rules of the Secretary of State), issue
a restricted | ||||||
19 | driving permit granting the privilege of driving a motor
| ||||||
20 | vehicle between the petitioner's residence and petitioner's | ||||||
21 | place of
employment or within the scope of the petitioner's | ||||||
22 | employment-related employment related duties, or to
allow the | ||||||
23 | petitioner to transport himself or herself, or a family member | ||||||
24 | of the
petitioner's household to a medical facility, to receive | ||||||
25 | necessary medical care, to allow the petitioner to transport | ||||||
26 | himself or herself to and from alcohol or drug
remedial or |
| |||||||
| |||||||
1 | rehabilitative activity recommended by a licensed service | ||||||
2 | provider, or to allow the petitioner to transport himself or | ||||||
3 | herself or a family member of the petitioner's household to | ||||||
4 | classes, as a student, at an accredited educational | ||||||
5 | institution, or to allow the petitioner to transport children, | ||||||
6 | elderly persons, or persons with disabilities who do not hold | ||||||
7 | driving privileges and are living in the petitioner's household | ||||||
8 | to and from daycare. The
petitioner must demonstrate that no | ||||||
9 | alternative means of
transportation is reasonably available | ||||||
10 | and that the petitioner will not endanger
the public safety or | ||||||
11 | welfare.
| ||||||
12 | (A) If a person's license or permit is revoked or | ||||||
13 | suspended due to 2
or more convictions of violating Section | ||||||
14 | 11-501 of this Code or a similar
provision of a local | ||||||
15 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | where the use of alcohol or other drugs is recited as an | ||||||
18 | element of the offense, or a similar out-of-state offense, | ||||||
19 | or a combination of these offenses, arising out
of separate | ||||||
20 | occurrences, that person, if issued a restricted driving | ||||||
21 | permit,
may not operate a vehicle unless it has been | ||||||
22 | equipped with an ignition
interlock device as defined in | ||||||
23 | Section 1-129.1.
| ||||||
24 | (B) If a person's license or permit is revoked or | ||||||
25 | suspended 2 or more
times due to any combination of: | ||||||
26 | (i) a single conviction of violating Section
|
| |||||||
| |||||||
1 | 11-501 of this Code or a similar provision of a local | ||||||
2 | ordinance or a similar
out-of-state offense or Section | ||||||
3 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012, where the use of alcohol or other drugs is | ||||||
5 | recited as an element of the offense, or a similar | ||||||
6 | out-of-state offense; or | ||||||
7 | (ii) a statutory summary suspension or revocation | ||||||
8 | under Section
11-501.1; or | ||||||
9 | (iii) a suspension under Section 6-203.1; | ||||||
10 | arising out of
separate occurrences; that person, if issued | ||||||
11 | a restricted driving permit, may
not operate a vehicle | ||||||
12 | unless it has been
equipped with an ignition interlock | ||||||
13 | device as defined in Section 1-129.1. | ||||||
14 | (B-5) If a person's license or permit is revoked or | ||||||
15 | suspended due to a conviction for a violation of | ||||||
16 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
17 | of Section 11-501 of this Code, or a similar provision of a | ||||||
18 | local ordinance or similar out-of-state offense, that | ||||||
19 | person, if issued a restricted driving permit, may not | ||||||
20 | operate a vehicle unless it has been equipped with an | ||||||
21 | ignition interlock device as defined in Section 1-129.1. | ||||||
22 | (C)
The person issued a permit conditioned upon the use | ||||||
23 | of an ignition interlock device must pay to the Secretary | ||||||
24 | of State DUI Administration Fund an amount
not to exceed | ||||||
25 | $30 per month. The Secretary shall establish by rule the | ||||||
26 | amount
and the procedures, terms, and conditions relating |
| |||||||
| |||||||
1 | to these fees. | ||||||
2 | (D) If the
restricted driving permit is issued for | ||||||
3 | employment purposes, then the prohibition against | ||||||
4 | operating a motor vehicle that is not equipped with an | ||||||
5 | ignition interlock device does not apply to the operation | ||||||
6 | of an occupational vehicle owned or
leased by that person's | ||||||
7 | employer when used solely for employment purposes. For any | ||||||
8 | person who, within a 5-year period, is convicted of a | ||||||
9 | second or subsequent offense under Section 11-501 of this | ||||||
10 | Code, or a similar provision of a local ordinance or | ||||||
11 | similar out-of-state offense, this employment exemption | ||||||
12 | does not apply until either a one-year period has elapsed | ||||||
13 | during which that person had his or her driving privileges | ||||||
14 | revoked or a one-year period has elapsed during which that | ||||||
15 | person had a restricted driving permit which required the | ||||||
16 | use of an ignition interlock device on every motor vehicle | ||||||
17 | owned or operated by that person. | ||||||
18 | (E) In each case the Secretary may issue a
restricted | ||||||
19 | driving permit for a period deemed appropriate, except that | ||||||
20 | all
permits shall expire no later than 2 years from the | ||||||
21 | date of issuance. A
restricted driving permit issued under | ||||||
22 | this Section shall be subject to
cancellation, revocation, | ||||||
23 | and suspension by the Secretary of State in like
manner and | ||||||
24 | for like cause as a driver's license issued under this Code | ||||||
25 | may be
cancelled, revoked, or suspended; except that a | ||||||
26 | conviction upon one or more
offenses against laws or |
| |||||||
| |||||||
1 | ordinances regulating the movement of traffic
shall be | ||||||
2 | deemed sufficient cause for the revocation, suspension, or
| ||||||
3 | cancellation of a restricted driving permit. The Secretary | ||||||
4 | of State may, as
a condition to the issuance of a | ||||||
5 | restricted driving permit, require the
applicant to | ||||||
6 | participate in a designated driver remedial or | ||||||
7 | rehabilitative
program. The Secretary of State is | ||||||
8 | authorized to cancel a restricted
driving permit if the | ||||||
9 | permit holder does not successfully complete the program.
| ||||||
10 | (F) A person subject to the provisions of paragraph 4 | ||||||
11 | of subsection (b) of Section 6-208 of this Code may make | ||||||
12 | application for a restricted driving permit at a hearing | ||||||
13 | conducted under Section 2-118 of this Code after the | ||||||
14 | expiration of 5 years from the effective date of the most | ||||||
15 | recent revocation or after 5 years from the date of release | ||||||
16 | from a period of imprisonment resulting from a conviction | ||||||
17 | of the most recent offense, whichever is later, provided | ||||||
18 | the person, in addition to all other requirements of the | ||||||
19 | Secretary, shows by clear and convincing evidence: | ||||||
20 | (i) a minimum of 3 years of uninterrupted | ||||||
21 | abstinence from alcohol and the unlawful use or | ||||||
22 | consumption of cannabis under the Cannabis Control | ||||||
23 | Act, a controlled substance under the Illinois | ||||||
24 | Controlled Substances Act, an intoxicating compound | ||||||
25 | under the Use of Intoxicating Compounds Act, or | ||||||
26 | methamphetamine under the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act; and | ||||||
2 | (ii) the successful completion of any | ||||||
3 | rehabilitative treatment and involvement in any | ||||||
4 | ongoing rehabilitative activity that may be | ||||||
5 | recommended by a properly licensed service provider | ||||||
6 | according to an assessment of the person's alcohol or | ||||||
7 | drug use under Section 11-501.01 of this Code. | ||||||
8 | In determining whether an applicant is eligible for a | ||||||
9 | restricted driving permit under this subparagraph (F), the | ||||||
10 | Secretary may consider any relevant evidence, including, | ||||||
11 | but not limited to, testimony, affidavits, records, and the | ||||||
12 | results of regular alcohol or drug tests. Persons subject | ||||||
13 | to the provisions of paragraph 4 of subsection (b) of | ||||||
14 | Section 6-208 of this Code and who have been convicted of | ||||||
15 | more than one violation of paragraph (3), paragraph (4), or | ||||||
16 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
17 | Code shall not be eligible to apply for a restricted | ||||||
18 | driving permit under this subparagraph (F). | ||||||
19 | A restricted driving permit issued under this | ||||||
20 | subparagraph (F) shall provide that the holder may only | ||||||
21 | operate motor vehicles equipped with an ignition interlock | ||||||
22 | device as required under paragraph (2) of subsection (c) of | ||||||
23 | Section 6-205 of this Code and subparagraph (A) of | ||||||
24 | paragraph 3 of subsection (c) of this Section. The | ||||||
25 | Secretary may revoke a restricted driving permit or amend | ||||||
26 | the conditions of a restricted driving permit issued under |
| |||||||
| |||||||
1 | this subparagraph (F) if the holder operates a vehicle that | ||||||
2 | is not equipped with an ignition interlock device, or for | ||||||
3 | any other reason authorized under this Code. | ||||||
4 | A restricted driving permit issued under this | ||||||
5 | subparagraph (F) shall be revoked, and the holder barred | ||||||
6 | from applying for or being issued a restricted driving | ||||||
7 | permit in the future, if the holder is convicted of a | ||||||
8 | violation of Section 11-501 of this Code, a similar | ||||||
9 | provision of a local ordinance, or a similar offense in | ||||||
10 | another state. | ||||||
11 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
12 | subsection (a), reports received by the Secretary of State | ||||||
13 | under this Section shall, except during the actual time the | ||||||
14 | suspension is in effect, be privileged information and for use | ||||||
15 | only by the courts, police officers, prosecuting authorities, | ||||||
16 | the driver licensing administrator of any other state, the | ||||||
17 | Secretary of State, or the parent or legal guardian of a driver | ||||||
18 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
19 | person is a CDL holder, the suspension shall also be made | ||||||
20 | available to the driver licensing administrator of any other | ||||||
21 | state, the U.S. Department of Transportation, and the affected | ||||||
22 | driver or motor
carrier or prospective motor carrier upon | ||||||
23 | request.
| ||||||
24 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
25 | subsection (a), the Secretary of State shall notify the person | ||||||
26 | by mail that his or her driving privileges and driver's license |
| |||||||
| |||||||
1 | will be suspended one month after the date of the mailing of | ||||||
2 | the notice.
| ||||||
3 | (c-5) The Secretary of State may, as a condition of the | ||||||
4 | reissuance of a
driver's license or permit to an applicant | ||||||
5 | whose driver's license or permit has
been suspended before he | ||||||
6 | or she reached the age of 21 years pursuant to any of
the | ||||||
7 | provisions of this Section, require the applicant to | ||||||
8 | participate in a
driver remedial education course and be | ||||||
9 | retested under Section 6-109 of this
Code.
| ||||||
10 | (d) This Section is subject to the provisions of the Driver | ||||||
11 | Drivers License
Compact.
| ||||||
12 | (e) The Secretary of State shall not issue a restricted | ||||||
13 | driving permit to
a person under the age of 16 years whose | ||||||
14 | driving privileges have been suspended
or revoked under any | ||||||
15 | provisions of this Code.
| ||||||
16 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been suspended, revoked, | ||||||
20 | cancelled, or disqualified under any provisions of this Code. | ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | ||||||
22 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | ||||||
23 | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .)
| ||||||
24 | (Text of Section after amendment by P.A. 101-90, 101-470, | ||||||
25 | and 101-623) |
| |||||||
| |||||||
1 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
2 | license or
permit; right to a hearing.
| ||||||
3 | (a) The Secretary of State is authorized to suspend or | ||||||
4 | revoke the
driving privileges of any person without preliminary | ||||||
5 | hearing upon a showing
of the person's records or other | ||||||
6 | sufficient evidence that
the person:
| ||||||
7 | 1. Has committed an offense for which mandatory | ||||||
8 | revocation of
a driver's license or permit is required upon | ||||||
9 | conviction;
| ||||||
10 | 2. Has been convicted of not less than 3 offenses | ||||||
11 | against traffic
regulations governing the movement of | ||||||
12 | vehicles committed within any 12-month 12
month period. No | ||||||
13 | revocation or suspension shall be entered more than
6 | ||||||
14 | months after the date of last conviction;
| ||||||
15 | 3. Has been repeatedly involved as a driver in motor | ||||||
16 | vehicle
collisions or has been repeatedly convicted of | ||||||
17 | offenses against laws and
ordinances regulating the | ||||||
18 | movement of traffic, to a degree that
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in
the | ||||||
20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws
and the safety of other persons upon the | ||||||
22 | highway;
| ||||||
23 | 4. Has by the unlawful operation of a motor vehicle | ||||||
24 | caused or
contributed to a crash an accident resulting in | ||||||
25 | injury requiring
immediate professional treatment in a | ||||||
26 | medical facility or doctor's office
to any person, except |
| |||||||
| |||||||
1 | that any suspension or revocation imposed by the
Secretary | ||||||
2 | of State under the provisions of this subsection shall | ||||||
3 | start no
later than 6 months after being convicted of | ||||||
4 | violating a law or
ordinance regulating the movement of | ||||||
5 | traffic, which violation is related
to the crash accident , | ||||||
6 | or shall start not more than one year
after
the date of the | ||||||
7 | crash accident , whichever date occurs later;
| ||||||
8 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
9 | driver's
license, identification card, or permit;
| ||||||
10 | 6. Has been lawfully convicted of an offense or | ||||||
11 | offenses in another
state, including the authorization | ||||||
12 | contained in Section 6-203.1, which
if committed within | ||||||
13 | this State would be grounds for suspension or revocation;
| ||||||
14 | 7. Has refused or failed to submit to an examination | ||||||
15 | provided for by
Section 6-207 or has failed to pass the | ||||||
16 | examination;
| ||||||
17 | 8. Is ineligible for a driver's license or permit under | ||||||
18 | the provisions
of Section 6-103;
| ||||||
19 | 9. Has made a false statement or knowingly concealed a | ||||||
20 | material fact
or has used false information or | ||||||
21 | identification in any application for a
license, | ||||||
22 | identification card, or permit;
| ||||||
23 | 10. Has possessed, displayed, or attempted to | ||||||
24 | fraudulently use any
license, identification card, or | ||||||
25 | permit not issued to the person;
| ||||||
26 | 11. Has operated a motor vehicle upon a highway of this |
| |||||||
| |||||||
1 | State when
the person's driving privilege or privilege to | ||||||
2 | obtain a driver's license
or permit was revoked or | ||||||
3 | suspended unless the operation was authorized by
a | ||||||
4 | monitoring device driving permit, judicial driving permit | ||||||
5 | issued prior to January 1, 2009, probationary license to | ||||||
6 | drive, or a restricted
driving permit issued under this | ||||||
7 | Code;
| ||||||
8 | 12. Has submitted to any portion of the application | ||||||
9 | process for
another person or has obtained the services of | ||||||
10 | another person to submit to
any portion of the application | ||||||
11 | process for the purpose of obtaining a
license, | ||||||
12 | identification card, or permit for some other person;
| ||||||
13 | 13. Has operated a motor vehicle upon a highway of this | ||||||
14 | State when
the person's driver's license or permit was | ||||||
15 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
16 | 14. Has committed a violation of Section 6-301, | ||||||
17 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
18 | 14B of the Illinois Identification Card
Act;
| ||||||
19 | 15. Has been convicted of violating Section 21-2 of the | ||||||
20 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
21 | to criminal trespass to vehicles if the person exercised | ||||||
22 | actual physical control over the vehicle during the | ||||||
23 | commission of the offense, in which case the suspension
| ||||||
24 | shall be for one year;
| ||||||
25 | 16. Has been convicted of violating Section 11-204 of | ||||||
26 | this Code relating
to fleeing from a peace officer;
|
| |||||||
| |||||||
1 | 17. Has refused to submit to a test, or tests, as | ||||||
2 | required under Section
11-501.1 of this Code and the person | ||||||
3 | has not sought a hearing as
provided for in Section | ||||||
4 | 11-501.1;
| ||||||
5 | 18. (Blank);
| ||||||
6 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
7 | of Section 6-101
relating to driving without a driver's | ||||||
8 | license;
| ||||||
9 | 20. Has been convicted of violating Section 6-104 | ||||||
10 | relating to
classification of driver's license;
| ||||||
11 | 21. Has been convicted of violating Section 11-402 of
| ||||||
12 | this Code relating to leaving the scene of a crash an | ||||||
13 | accident resulting in damage
to a vehicle in excess of | ||||||
14 | $1,000, in which case the suspension shall be
for one year;
| ||||||
15 | 22. Has used a motor vehicle in violating paragraph | ||||||
16 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
18 | relating
to unlawful use of weapons, in which case the | ||||||
19 | suspension shall be for one
year;
| ||||||
20 | 23. Has, as a driver, been convicted of committing a | ||||||
21 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
22 | for a second or subsequent
time within one year of a | ||||||
23 | similar violation;
| ||||||
24 | 24. Has been convicted by a court-martial or punished | ||||||
25 | by non-judicial
punishment by military authorities of the | ||||||
26 | United States at a military
installation in Illinois or in |
| |||||||
| |||||||
1 | another state of or for a traffic-related traffic related | ||||||
2 | offense that is the
same as or similar to an offense | ||||||
3 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
4 | 25. Has permitted any form of identification to be used | ||||||
5 | by another in
the application process in order to obtain or | ||||||
6 | attempt to obtain a license,
identification card, or | ||||||
7 | permit;
| ||||||
8 | 26. Has altered or attempted to alter a license or has | ||||||
9 | possessed an
altered license, identification card, or | ||||||
10 | permit;
| ||||||
11 | 27. (Blank);
| ||||||
12 | 28. Has been convicted for a first time of the illegal | ||||||
13 | possession, while operating or
in actual physical control, | ||||||
14 | as a driver, of a motor vehicle, of any
controlled | ||||||
15 | substance prohibited under the Illinois Controlled | ||||||
16 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
17 | Control
Act, or any methamphetamine prohibited under the | ||||||
18 | Methamphetamine Control and Community Protection Act, in | ||||||
19 | which case the person's driving privileges shall be | ||||||
20 | suspended for
one year.
Any defendant found guilty of this | ||||||
21 | offense while operating a motor vehicle ,
shall have an | ||||||
22 | entry made in the court record by the presiding judge that
| ||||||
23 | this offense did occur while the defendant was operating a | ||||||
24 | motor vehicle
and order the clerk of the court to report | ||||||
25 | the violation to the Secretary
of State;
| ||||||
26 | 29. Has been convicted of the following offenses that |
| |||||||
| |||||||
1 | were committed
while the person was operating or in actual | ||||||
2 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
3 | sexual assault,
predatory criminal sexual assault of a | ||||||
4 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
5 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
6 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
7 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
8 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
10 | delivery of controlled substances or instruments used for | ||||||
11 | illegal drug use
or abuse in which case the driver's | ||||||
12 | driving privileges shall be suspended
for one year;
| ||||||
13 | 30. Has been convicted a second or subsequent time for | ||||||
14 | any
combination of the offenses named in paragraph 29 of | ||||||
15 | this subsection,
in which case the person's driving | ||||||
16 | privileges shall be suspended for 5
years;
| ||||||
17 | 31. Has refused to submit to a test as
required by | ||||||
18 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
19 | Registration and Safety Act or has submitted to a test | ||||||
20 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
21 | any amount of a drug, substance, or
compound resulting from | ||||||
22 | the unlawful use or consumption of cannabis as listed
in | ||||||
23 | the Cannabis Control Act, a controlled substance as listed | ||||||
24 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
25 | compound as listed in the Use of
Intoxicating Compounds | ||||||
26 | Act, or methamphetamine as listed in the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act, in which case the | ||||||
2 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
3 | 32. Has been convicted of Section 24-1.2 of the | ||||||
4 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
5 | to the aggravated discharge of a firearm if the offender | ||||||
6 | was
located in a motor vehicle at the time the firearm was | ||||||
7 | discharged, in which
case the suspension shall be for 3 | ||||||
8 | years;
| ||||||
9 | 33. Has as a driver, who was less than 21 years of age | ||||||
10 | on the date of
the offense, been convicted a first time of | ||||||
11 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
12 | or a similar provision of a local ordinance;
| ||||||
13 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
14 | this Code or a similar provision of a local ordinance;
| ||||||
15 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
16 | this Code or a similar provision of a local ordinance;
| ||||||
17 | 36. Is under the age of 21 years at the time of arrest | ||||||
18 | and has been
convicted of not less than 2 offenses against | ||||||
19 | traffic regulations governing
the movement of vehicles | ||||||
20 | committed within any 24-month 24 month period. No | ||||||
21 | revocation
or suspension shall be entered more than 6 | ||||||
22 | months after the date of last
conviction;
| ||||||
23 | 37. Has committed a violation of subsection (c) of | ||||||
24 | Section 11-907 of this
Code that resulted in damage to the | ||||||
25 | property of another or the death or injury of another;
| ||||||
26 | 38. Has been convicted of a violation of Section 6-20 |
| |||||||
| |||||||
1 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
2 | a local ordinance and the person was an occupant of a motor | ||||||
3 | vehicle at the time of the violation;
| ||||||
4 | 39. Has committed a second or subsequent violation of | ||||||
5 | Section
11-1201 of this Code;
| ||||||
6 | 40. Has committed a violation of subsection (a-1) of | ||||||
7 | Section 11-908 of
this Code; | ||||||
8 | 41. Has committed a second or subsequent violation of | ||||||
9 | Section 11-605.1 of this Code, a similar provision of a | ||||||
10 | local ordinance, or a similar violation in any other state | ||||||
11 | within 2 years of the date of the previous violation, in | ||||||
12 | which case the suspension shall be for 90 days; | ||||||
13 | 42. Has committed a violation of subsection (a-1) of | ||||||
14 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
15 | local ordinance;
| ||||||
16 | 43. Has received a disposition of court supervision for | ||||||
17 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
18 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
19 | a local ordinance and the person was an occupant of a motor | ||||||
20 | vehicle at the time of the violation, in which case the | ||||||
21 | suspension shall be for a period of 3 months;
| ||||||
22 | 44.
Is under the age of 21 years at the time of arrest | ||||||
23 | and has been convicted of an offense against traffic | ||||||
24 | regulations governing the movement of vehicles after | ||||||
25 | having previously had his or her driving privileges
| ||||||
26 | suspended or revoked pursuant to subparagraph 36 of this |
| |||||||
| |||||||
1 | Section; | ||||||
2 | 45.
Has, in connection with or during the course of a | ||||||
3 | formal hearing conducted under Section 2-118 of this Code: | ||||||
4 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
5 | falsified documents; (iii) submitted documents that have | ||||||
6 | been materially altered; or (iv) submitted, as his or her | ||||||
7 | own, documents that were in fact prepared or composed for | ||||||
8 | another person; | ||||||
9 | 46. Has committed a violation of subsection (j) of | ||||||
10 | Section 3-413 of this Code;
| ||||||
11 | 47. Has committed a violation of subsection (a) of | ||||||
12 | Section 11-502.1 of this Code; | ||||||
13 | 48. Has submitted a falsified or altered medical | ||||||
14 | examiner's certificate to the Secretary of State or | ||||||
15 | provided false information to obtain a medical examiner's | ||||||
16 | certificate; or | ||||||
17 | 49. Has committed a violation of subsection (b-5) of | ||||||
18 | Section 12-610.2 that resulted in great bodily harm, | ||||||
19 | permanent disability, or disfigurement, in which case the | ||||||
20 | driving privileges shall be suspended for 12 months ; or . | ||||||
21 | 50. 49. Has been convicted of a violation of Section | ||||||
22 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
23 | another, in which case the person's driving privileges | ||||||
24 | shall be suspended for 12 months. | ||||||
25 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
26 | and 27 of this
subsection, license means any driver's license, |
| |||||||
| |||||||
1 | any traffic ticket issued when
the person's driver's license is | ||||||
2 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
3 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
4 | a probationary driver's license , or a temporary driver's | ||||||
5 | license. | ||||||
6 | (b) If any conviction forming the basis of a suspension or
| ||||||
7 | revocation authorized under this Section is appealed, the
| ||||||
8 | Secretary of State may rescind or withhold the entry of the | ||||||
9 | order of suspension
or revocation, as the case may be, provided | ||||||
10 | that a certified copy of a stay
order of a court is filed with | ||||||
11 | the Secretary of State. If the conviction is
affirmed on | ||||||
12 | appeal, the date of the conviction shall relate back to the | ||||||
13 | time
the original judgment of conviction was entered and the | ||||||
14 | 6-month 6 month limitation
prescribed shall not apply.
| ||||||
15 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
16 | permit of
any person as authorized in this Section, the | ||||||
17 | Secretary of State shall
immediately notify the person in | ||||||
18 | writing of the revocation or suspension.
The notice to be | ||||||
19 | deposited in the United States mail, postage prepaid,
to the | ||||||
20 | last known address of the person.
| ||||||
21 | 2. If the Secretary of State suspends the driver's license
| ||||||
22 | of a person under subsection 2 of paragraph (a) of this | ||||||
23 | Section, a
person's privilege to operate a vehicle as an | ||||||
24 | occupation shall not be
suspended, provided an affidavit is | ||||||
25 | properly completed, the appropriate fee
received, and a permit | ||||||
26 | issued prior to the effective date of the
suspension, unless 5 |
| |||||||
| |||||||
1 | offenses were committed, at least 2 of which occurred
while | ||||||
2 | operating a commercial vehicle in connection with the driver's
| ||||||
3 | regular occupation. All other driving privileges shall be | ||||||
4 | suspended by the
Secretary of State. Any driver prior to | ||||||
5 | operating a vehicle for
occupational purposes only must submit | ||||||
6 | the affidavit on forms to be
provided by the Secretary of State | ||||||
7 | setting forth the facts of the person's
occupation. The | ||||||
8 | affidavit shall also state the number of offenses
committed | ||||||
9 | while operating a vehicle in connection with the driver's | ||||||
10 | regular
occupation. The affidavit shall be accompanied by the | ||||||
11 | driver's license.
Upon receipt of a properly completed | ||||||
12 | affidavit, the Secretary of State
shall issue the driver a | ||||||
13 | permit to operate a vehicle in connection with the
driver's | ||||||
14 | regular occupation only. Unless the permit is issued by the
| ||||||
15 | Secretary of State prior to the date of suspension, the | ||||||
16 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
17 | forth in the notice that was
mailed under this Section. If an | ||||||
18 | affidavit is received subsequent to the
effective date of this | ||||||
19 | suspension, a permit may be issued for the remainder
of the | ||||||
20 | suspension period.
| ||||||
21 | The provisions of this subparagraph shall not apply to any | ||||||
22 | driver
required to possess a CDL for the purpose of operating a | ||||||
23 | commercial motor vehicle.
| ||||||
24 | Any person who falsely states any fact in the affidavit | ||||||
25 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
26 | and upon conviction
thereof shall have all driving privileges |
| |||||||
| |||||||
1 | revoked without further rights.
| ||||||
2 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
3 | this Code,
the Secretary of State shall either rescind or | ||||||
4 | continue an order of
revocation or shall substitute an order of | ||||||
5 | suspension; or, good
cause appearing therefor, rescind, | ||||||
6 | continue, change, or extend the
order of suspension. If the | ||||||
7 | Secretary of State does not rescind the order,
the Secretary | ||||||
8 | may upon application,
to relieve undue hardship (as defined by | ||||||
9 | the rules of the Secretary of State), issue
a restricted | ||||||
10 | driving permit granting the privilege of driving a motor
| ||||||
11 | vehicle between the petitioner's residence and petitioner's | ||||||
12 | place of
employment or within the scope of the petitioner's | ||||||
13 | employment-related employment related duties, or to
allow the | ||||||
14 | petitioner to transport himself or herself, or a family member | ||||||
15 | of the
petitioner's household to a medical facility, to receive | ||||||
16 | necessary medical care, to allow the petitioner to transport | ||||||
17 | himself or herself to and from alcohol or drug
remedial or | ||||||
18 | rehabilitative activity recommended by a licensed service | ||||||
19 | provider, or to allow the petitioner to transport himself or | ||||||
20 | herself or a family member of the petitioner's household to | ||||||
21 | classes, as a student, at an accredited educational | ||||||
22 | institution, or to allow the petitioner to transport children, | ||||||
23 | elderly persons, or persons with disabilities who do not hold | ||||||
24 | driving privileges and are living in the petitioner's household | ||||||
25 | to and from daycare. The
petitioner must demonstrate that no | ||||||
26 | alternative means of
transportation is reasonably available |
| |||||||
| |||||||
1 | and that the petitioner will not endanger
the public safety or | ||||||
2 | welfare.
| ||||||
3 | (A) If a person's license or permit is revoked or | ||||||
4 | suspended due to 2
or more convictions of violating Section | ||||||
5 | 11-501 of this Code or a similar
provision of a local | ||||||
6 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
8 | where the use of alcohol or other drugs is recited as an | ||||||
9 | element of the offense, or a similar out-of-state offense, | ||||||
10 | or a combination of these offenses, arising out
of separate | ||||||
11 | occurrences, that person, if issued a restricted driving | ||||||
12 | permit,
may not operate a vehicle unless it has been | ||||||
13 | equipped with an ignition
interlock device as defined in | ||||||
14 | Section 1-129.1.
| ||||||
15 | (B) If a person's license or permit is revoked or | ||||||
16 | suspended 2 or more
times due to any combination of: | ||||||
17 | (i) a single conviction of violating Section
| ||||||
18 | 11-501 of this Code or a similar provision of a local | ||||||
19 | ordinance or a similar
out-of-state offense or Section | ||||||
20 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012, where the use of alcohol or other drugs is | ||||||
22 | recited as an element of the offense, or a similar | ||||||
23 | out-of-state offense; or | ||||||
24 | (ii) a statutory summary suspension or revocation | ||||||
25 | under Section
11-501.1; or | ||||||
26 | (iii) a suspension under Section 6-203.1; |
| |||||||
| |||||||
1 | arising out of
separate occurrences; that person, if issued | ||||||
2 | a restricted driving permit, may
not operate a vehicle | ||||||
3 | unless it has been
equipped with an ignition interlock | ||||||
4 | device as defined in Section 1-129.1. | ||||||
5 | (B-5) If a person's license or permit is revoked or | ||||||
6 | suspended due to a conviction for a violation of | ||||||
7 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
8 | of Section 11-501 of this Code, or a similar provision of a | ||||||
9 | local ordinance or similar out-of-state offense, that | ||||||
10 | person, if issued a restricted driving permit, may not | ||||||
11 | operate a vehicle unless it has been equipped with an | ||||||
12 | ignition interlock device as defined in Section 1-129.1. | ||||||
13 | (C)
The person issued a permit conditioned upon the use | ||||||
14 | of an ignition interlock device must pay to the Secretary | ||||||
15 | of State DUI Administration Fund an amount
not to exceed | ||||||
16 | $30 per month. The Secretary shall establish by rule the | ||||||
17 | amount
and the procedures, terms, and conditions relating | ||||||
18 | to these fees. | ||||||
19 | (D) If the
restricted driving permit is issued for | ||||||
20 | employment purposes, then the prohibition against | ||||||
21 | operating a motor vehicle that is not equipped with an | ||||||
22 | ignition interlock device does not apply to the operation | ||||||
23 | of an occupational vehicle owned or
leased by that person's | ||||||
24 | employer when used solely for employment purposes. For any | ||||||
25 | person who, within a 5-year period, is convicted of a | ||||||
26 | second or subsequent offense under Section 11-501 of this |
| |||||||
| |||||||
1 | Code, or a similar provision of a local ordinance or | ||||||
2 | similar out-of-state offense, this employment exemption | ||||||
3 | does not apply until either a one-year period has elapsed | ||||||
4 | during which that person had his or her driving privileges | ||||||
5 | revoked or a one-year period has elapsed during which that | ||||||
6 | person had a restricted driving permit which required the | ||||||
7 | use of an ignition interlock device on every motor vehicle | ||||||
8 | owned or operated by that person. | ||||||
9 | (E) In each case the Secretary may issue a
restricted | ||||||
10 | driving permit for a period deemed appropriate, except that | ||||||
11 | all
permits shall expire no later than 2 years from the | ||||||
12 | date of issuance. A
restricted driving permit issued under | ||||||
13 | this Section shall be subject to
cancellation, revocation, | ||||||
14 | and suspension by the Secretary of State in like
manner and | ||||||
15 | for like cause as a driver's license issued under this Code | ||||||
16 | may be
cancelled, revoked, or suspended; except that a | ||||||
17 | conviction upon one or more
offenses against laws or | ||||||
18 | ordinances regulating the movement of traffic
shall be | ||||||
19 | deemed sufficient cause for the revocation, suspension, or
| ||||||
20 | cancellation of a restricted driving permit. The Secretary | ||||||
21 | of State may, as
a condition to the issuance of a | ||||||
22 | restricted driving permit, require the
applicant to | ||||||
23 | participate in a designated driver remedial or | ||||||
24 | rehabilitative
program. The Secretary of State is | ||||||
25 | authorized to cancel a restricted
driving permit if the | ||||||
26 | permit holder does not successfully complete the program.
|
| |||||||
| |||||||
1 | (F) A person subject to the provisions of paragraph 4 | ||||||
2 | of subsection (b) of Section 6-208 of this Code may make | ||||||
3 | application for a restricted driving permit at a hearing | ||||||
4 | conducted under Section 2-118 of this Code after the | ||||||
5 | expiration of 5 years from the effective date of the most | ||||||
6 | recent revocation or after 5 years from the date of release | ||||||
7 | from a period of imprisonment resulting from a conviction | ||||||
8 | of the most recent offense, whichever is later, provided | ||||||
9 | the person, in addition to all other requirements of the | ||||||
10 | Secretary, shows by clear and convincing evidence: | ||||||
11 | (i) a minimum of 3 years of uninterrupted | ||||||
12 | abstinence from alcohol and the unlawful use or | ||||||
13 | consumption of cannabis under the Cannabis Control | ||||||
14 | Act, a controlled substance under the Illinois | ||||||
15 | Controlled Substances Act, an intoxicating compound | ||||||
16 | under the Use of Intoxicating Compounds Act, or | ||||||
17 | methamphetamine under the Methamphetamine Control and | ||||||
18 | Community Protection Act; and | ||||||
19 | (ii) the successful completion of any | ||||||
20 | rehabilitative treatment and involvement in any | ||||||
21 | ongoing rehabilitative activity that may be | ||||||
22 | recommended by a properly licensed service provider | ||||||
23 | according to an assessment of the person's alcohol or | ||||||
24 | drug use under Section 11-501.01 of this Code. | ||||||
25 | In determining whether an applicant is eligible for a | ||||||
26 | restricted driving permit under this subparagraph (F), the |
| |||||||
| |||||||
1 | Secretary may consider any relevant evidence, including, | ||||||
2 | but not limited to, testimony, affidavits, records, and the | ||||||
3 | results of regular alcohol or drug tests. Persons subject | ||||||
4 | to the provisions of paragraph 4 of subsection (b) of | ||||||
5 | Section 6-208 of this Code and who have been convicted of | ||||||
6 | more than one violation of paragraph (3), paragraph (4), or | ||||||
7 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
8 | Code shall not be eligible to apply for a restricted | ||||||
9 | driving permit under this subparagraph (F). | ||||||
10 | A restricted driving permit issued under this | ||||||
11 | subparagraph (F) shall provide that the holder may only | ||||||
12 | operate motor vehicles equipped with an ignition interlock | ||||||
13 | device as required under paragraph (2) of subsection (c) of | ||||||
14 | Section 6-205 of this Code and subparagraph (A) of | ||||||
15 | paragraph 3 of subsection (c) of this Section. The | ||||||
16 | Secretary may revoke a restricted driving permit or amend | ||||||
17 | the conditions of a restricted driving permit issued under | ||||||
18 | this subparagraph (F) if the holder operates a vehicle that | ||||||
19 | is not equipped with an ignition interlock device, or for | ||||||
20 | any other reason authorized under this Code. | ||||||
21 | A restricted driving permit issued under this | ||||||
22 | subparagraph (F) shall be revoked, and the holder barred | ||||||
23 | from applying for or being issued a restricted driving | ||||||
24 | permit in the future, if the holder is convicted of a | ||||||
25 | violation of Section 11-501 of this Code, a similar | ||||||
26 | provision of a local ordinance, or a similar offense in |
| |||||||
| |||||||
1 | another state. | ||||||
2 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
3 | subsection (a), reports received by the Secretary of State | ||||||
4 | under this Section shall, except during the actual time the | ||||||
5 | suspension is in effect, be privileged information and for use | ||||||
6 | only by the courts, police officers, prosecuting authorities, | ||||||
7 | the driver licensing administrator of any other state, the | ||||||
8 | Secretary of State, or the parent or legal guardian of a driver | ||||||
9 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
10 | person is a CDL holder, the suspension shall also be made | ||||||
11 | available to the driver licensing administrator of any other | ||||||
12 | state, the U.S. Department of Transportation, and the affected | ||||||
13 | driver or motor
carrier or prospective motor carrier upon | ||||||
14 | request.
| ||||||
15 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
16 | subsection (a), the Secretary of State shall notify the person | ||||||
17 | by mail that his or her driving privileges and driver's license | ||||||
18 | will be suspended one month after the date of the mailing of | ||||||
19 | the notice.
| ||||||
20 | (c-5) The Secretary of State may, as a condition of the | ||||||
21 | reissuance of a
driver's license or permit to an applicant | ||||||
22 | whose driver's license or permit has
been suspended before he | ||||||
23 | or she reached the age of 21 years pursuant to any of
the | ||||||
24 | provisions of this Section, require the applicant to | ||||||
25 | participate in a
driver remedial education course and be | ||||||
26 | retested under Section 6-109 of this
Code.
|
| |||||||
| |||||||
1 | (d) This Section is subject to the provisions of the Driver | ||||||
2 | Drivers License
Compact.
| ||||||
3 | (e) The Secretary of State shall not issue a restricted | ||||||
4 | driving permit to
a person under the age of 16 years whose | ||||||
5 | driving privileges have been suspended
or revoked under any | ||||||
6 | provisions of this Code.
| ||||||
7 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
8 | State may not issue a restricted driving permit for the | ||||||
9 | operation of a commercial motor vehicle to a person holding a | ||||||
10 | CDL whose driving privileges have been suspended, revoked, | ||||||
11 | cancelled, or disqualified under any provisions of this Code. | ||||||
12 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
13 | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
| ||||||
14 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
15 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
16 | drug,
or intoxicating compound related suspension or | ||||||
17 | revocation. | ||||||
18 | (a) Unless the statutory summary suspension has been | ||||||
19 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
20 | on the public highways has
been summarily suspended, pursuant | ||||||
21 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
22 | the privilege until the expiration of: | ||||||
23 | 1. twelve months from the effective date of the | ||||||
24 | statutory summary suspension
for a refusal or failure to | ||||||
25 | complete a test or tests to determine the alcohol, other |
| |||||||
| |||||||
1 | drug, or intoxicating compound concentration under
Section | ||||||
2 | 11-501.1, if the person was not involved in a motor vehicle | ||||||
3 | crash accident that caused personal injury or death to | ||||||
4 | another; or | ||||||
5 | 2. six months from the effective date of the statutory | ||||||
6 | summary
suspension imposed following the person's | ||||||
7 | submission to a chemical test
which disclosed an alcohol | ||||||
8 | concentration of 0.08 or more, the presence of cannabis as | ||||||
9 | listed in the Cannabis Control Act with a | ||||||
10 | tetrahydrocannabinol concentration as defined in paragraph | ||||||
11 | 6 of subsection (a) of Section 11-501.2 of this Code, or | ||||||
12 | any
amount
of a
drug, substance, or intoxicating compound | ||||||
13 | in such person's
breath, blood, other bodily substance, or
| ||||||
14 | urine resulting
from the unlawful use or consumption of a | ||||||
15 | controlled substance listed in the Illinois
Controlled
| ||||||
16 | Substances Act, an intoxicating compound listed in the Use | ||||||
17 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
18 | listed in the Methamphetamine Control and Community | ||||||
19 | Protection Act, pursuant to Section 11-501.1; or | ||||||
20 | 3. three years from the effective date of the statutory | ||||||
21 | summary suspension
for any person other than a first | ||||||
22 | offender who refuses or fails to
complete a test or tests | ||||||
23 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
24 | concentration
pursuant to Section 11-501.1; or | ||||||
25 | 4. one year from the effective date of the summary | ||||||
26 | suspension imposed
for any person other than a first |
| |||||||
| |||||||
1 | offender following submission to a
chemical test which | ||||||
2 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
3 | to Section 11-501.1, the presence of cannabis as listed in | ||||||
4 | the Cannabis Control Act with a tetrahydrocannabinol | ||||||
5 | concentration as defined in paragraph 6 of subsection (a) | ||||||
6 | of Section 11-501.2 of this Code, or any amount of a drug, | ||||||
7 | substance or
compound in such person's blood, other bodily | ||||||
8 | substance, or urine resulting from the unlawful use or
| ||||||
9 | consumption of a
controlled
substance listed in the | ||||||
10 | Illinois Controlled Substances Act, an
intoxicating
| ||||||
11 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
12 | or methamphetamine as listed in the Methamphetamine | ||||||
13 | Control and Community Protection Act; or | ||||||
14 | 5. (Blank). | ||||||
15 | (b) Following a statutory summary suspension of the | ||||||
16 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
17 | driving privileges shall be
restored unless the person is | ||||||
18 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
19 | court has reason to believe that the person's
driving privilege | ||||||
20 | should not be restored, the court shall notify
the Secretary of | ||||||
21 | State prior to the expiration of the statutory summary
| ||||||
22 | suspension so appropriate action may be taken pursuant to this | ||||||
23 | Code. | ||||||
24 | (c) Driving privileges may not be restored until all | ||||||
25 | applicable
reinstatement fees, as provided by this Code, have | ||||||
26 | been paid to the Secretary
of State and the appropriate entry |
| |||||||
| |||||||
1 | made to the driver's record. | ||||||
2 | (d) Where a driving privilege has been summarily suspended | ||||||
3 | or revoked under Section
11-501.1 and the person is | ||||||
4 | subsequently convicted of violating Section
11-501, or a | ||||||
5 | similar provision of a local ordinance, for the same incident,
| ||||||
6 | any period served on statutory summary suspension or revocation | ||||||
7 | shall be credited toward
the minimum period of revocation of | ||||||
8 | driving privileges imposed pursuant to
Section 6-205. | ||||||
9 | (e) A first offender who refused chemical testing and whose | ||||||
10 | driving privileges were summarily revoked pursuant to Section | ||||||
11 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
12 | permit, but may make application for reinstatement or for a | ||||||
13 | restricted driving permit after a period of one year has | ||||||
14 | elapsed from the effective date of the revocation. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) (Blank). | ||||||
18 | (Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14; | ||||||
19 | 98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff. | ||||||
20 | 7-29-16.)
| ||||||
21 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
22 | Sec. 6-303. Driving while driver's license, permit, or | ||||||
23 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
24 | (a) Except as otherwise provided in subsection (a-5) or | ||||||
25 | (a-7), any person who drives or is in actual physical control |
| |||||||
| |||||||
1 | of a motor
vehicle on any highway of this State at a time when | ||||||
2 | such person's driver's
license, permit, or privilege to do so | ||||||
3 | or the privilege to obtain a driver's
license or permit is | ||||||
4 | revoked or suspended as provided by this Code or the law
of | ||||||
5 | another state, except as may be specifically allowed by a | ||||||
6 | judicial driving
permit issued prior to January 1, 2009, | ||||||
7 | monitoring device driving permit, family financial | ||||||
8 | responsibility driving permit, probationary
license to drive, | ||||||
9 | or a restricted driving permit issued pursuant to this Code
or | ||||||
10 | under the law of another state, shall be guilty of a Class A | ||||||
11 | misdemeanor.
| ||||||
12 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
13 | this Section is a Class 4 felony if committed by a person whose | ||||||
14 | driving or operation of a motor vehicle is the proximate cause | ||||||
15 | of a motor vehicle crash accident that causes personal injury | ||||||
16 | or death to another. For purposes of this subsection, a | ||||||
17 | personal injury includes any Type A injury as indicated on the | ||||||
18 | traffic crash accident report completed by a law enforcement | ||||||
19 | officer that requires immediate professional attention in | ||||||
20 | either a doctor's office or a medical facility. A Type A injury | ||||||
21 | includes severe bleeding wounds, distorted extremities, and | ||||||
22 | injuries that require the injured party to be carried from the | ||||||
23 | scene. | ||||||
24 | (a-5) Any person who violates this Section as provided in | ||||||
25 | subsection (a) while his or her driver's license, permit, or | ||||||
26 | privilege is revoked because of a violation of Section 9-3 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
2 | relating to the offense of reckless homicide, or a violation of | ||||||
3 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
4 | 11-501 of this Code, relating to the offense of aggravated | ||||||
5 | driving under the influence of alcohol, other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination thereof | ||||||
7 | when the violation was a proximate cause of a death, or a | ||||||
8 | similar provision of a law of another state, is guilty of a | ||||||
9 | Class 4 felony. The person shall be required to undergo a | ||||||
10 | professional evaluation, as provided in Section 11-501 of this | ||||||
11 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
12 | compound problem exists and the extent of the problem, and to | ||||||
13 | undergo the imposition of treatment as appropriate.
| ||||||
14 | (a-7) Any person who violates this Section as provided in | ||||||
15 | subsection (a) while his or her driver's license or privilege | ||||||
16 | to drive is suspended under Section 6-306.5 or 7-702 of this | ||||||
17 | Code shall receive a Uniform Traffic Citation from the law | ||||||
18 | enforcement officer. A person who receives 3 or more Uniform | ||||||
19 | Traffic Citations under this subsection (a-7) without paying | ||||||
20 | any fees associated with the citations shall be guilty of a | ||||||
21 | Class A misdemeanor. | ||||||
22 | (a-10) A person's driver's license, permit, or privilege to | ||||||
23 | obtain a driver's license or permit may be subject to multiple | ||||||
24 | revocations, multiple suspensions, or any combination of both | ||||||
25 | simultaneously. No revocation or suspension shall serve to | ||||||
26 | negate, invalidate, cancel, postpone, or in any way lessen the |
| |||||||
| |||||||
1 | effect of any other revocation or suspension entered prior or | ||||||
2 | subsequent to any other revocation or suspension. | ||||||
3 | (b) (Blank). | ||||||
4 | (b-1) Except for a person under subsection (a-7) of this | ||||||
5 | Section, upon receiving a report of the conviction of any | ||||||
6 | violation indicating a person was operating a motor vehicle | ||||||
7 | during the time when the person's driver's license, permit, or | ||||||
8 | privilege was suspended by the Secretary of State or the | ||||||
9 | driver's licensing administrator of another state, except as | ||||||
10 | specifically allowed by a probationary license, judicial | ||||||
11 | driving permit, restricted driving permit, or monitoring | ||||||
12 | device driving permit, the Secretary shall extend the | ||||||
13 | suspension for the same period of time as the originally | ||||||
14 | imposed suspension unless the suspension has already expired, | ||||||
15 | in which case the Secretary shall be authorized to suspend the | ||||||
16 | person's driving privileges for the same period of time as the | ||||||
17 | originally imposed suspension. | ||||||
18 | (b-2) Except as provided in subsection (b-6) or (a-7), upon | ||||||
19 | receiving a report of the conviction of any violation | ||||||
20 | indicating a person was operating a motor vehicle when the | ||||||
21 | person's driver's license, permit, or privilege was revoked by | ||||||
22 | the Secretary of State or the driver's license administrator of | ||||||
23 | any other state, except as specifically allowed by a restricted | ||||||
24 | driving permit issued pursuant to this Code or the law of | ||||||
25 | another state, the Secretary shall not issue a driver's license | ||||||
26 | for an additional period of one year from the date of such |
| |||||||
| |||||||
1 | conviction indicating such person was operating a vehicle | ||||||
2 | during such period of revocation. | ||||||
3 | (b-3) (Blank).
| ||||||
4 | (b-4) When the Secretary of State receives a report of a | ||||||
5 | conviction of any violation indicating a person was operating a | ||||||
6 | motor vehicle that was not equipped with an ignition interlock | ||||||
7 | device during a time when the person was prohibited from | ||||||
8 | operating a motor vehicle not equipped with such a device, the | ||||||
9 | Secretary shall not issue a driver's license to that person for | ||||||
10 | an additional period of one year from the date of the | ||||||
11 | conviction.
| ||||||
12 | (b-5) Any person convicted of violating this Section shall | ||||||
13 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
14 | 300
hours of community service
when the person's driving | ||||||
15 | privilege was revoked or suspended as a result of a violation | ||||||
16 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
18 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
19 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
20 | aggravated driving under the influence of alcohol, other drug | ||||||
21 | or drugs, or intoxicating compound or compounds, or any | ||||||
22 | combination thereof when the violation was a proximate cause of | ||||||
23 | a death, or a similar provision of a law of another state.
The | ||||||
24 | court may give credit toward the fulfillment of community | ||||||
25 | service hours for participation in activities and treatment as | ||||||
26 | determined by court services. |
| |||||||
| |||||||
1 | (b-6) Upon receiving a report of a first conviction of | ||||||
2 | operating a motor vehicle while the person's driver's license, | ||||||
3 | permit, or privilege was revoked where the revocation was for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 relating to the offense of reckless | ||||||
6 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
7 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
8 | the offense of aggravated driving under the influence of | ||||||
9 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
10 | compounds, or any combination thereof when the violation was a | ||||||
11 | proximate cause of a death, or a similar out-of-state offense, | ||||||
12 | the Secretary shall not issue a driver's license for an | ||||||
13 | additional period of 3 years from the date of such conviction. | ||||||
14 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
15 | person convicted of violating this Section shall serve a | ||||||
16 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
17 | of community service
when the person's driving privilege was | ||||||
18 | revoked or suspended as a result of:
| ||||||
19 | (1) a violation of Section 11-501 of this Code or a | ||||||
20 | similar provision
of a local ordinance relating to the | ||||||
21 | offense of operating or being in physical
control of a | ||||||
22 | vehicle while under the influence of alcohol, any other | ||||||
23 | drug
or any combination thereof; or
| ||||||
24 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
25 | this Code or a
similar provision of a local ordinance | ||||||
26 | relating to the offense of leaving the
scene of a motor |
| |||||||
| |||||||
1 | vehicle crash accident involving personal injury or death; | ||||||
2 | or
| ||||||
3 | (3)
a statutory summary suspension or revocation under | ||||||
4 | Section 11-501.1 of this
Code.
| ||||||
5 | Such sentence of imprisonment or community service shall | ||||||
6 | not be subject
to suspension in order to reduce such sentence.
| ||||||
7 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
8 | (d), any person convicted of a
second violation of this Section | ||||||
9 | shall be ordered by the court to serve a
minimum
of 100 hours | ||||||
10 | of community service. The court may give credit toward the | ||||||
11 | fulfillment of community service hours for participation in | ||||||
12 | activities and treatment as determined by court services.
| ||||||
13 | (c-2) In addition to other penalties imposed under this | ||||||
14 | Section, the
court may impose on any person convicted a fourth | ||||||
15 | time of violating this
Section any of
the following:
| ||||||
16 | (1) Seizure of the license plates of the person's | ||||||
17 | vehicle.
| ||||||
18 | (2) Immobilization of the person's vehicle for a period | ||||||
19 | of time
to be determined by the court.
| ||||||
20 | (c-3) Any person convicted of a violation of this Section | ||||||
21 | during a period of summary suspension imposed pursuant to | ||||||
22 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
23 | device driving permit shall be guilty of a Class 4 felony and | ||||||
24 | shall serve a minimum term of imprisonment of 30 days. | ||||||
25 | (c-4) Any person who has been issued a monitoring device | ||||||
26 | driving permit or a restricted driving permit which requires |
| |||||||
| |||||||
1 | the person to operate only motor vehicles equipped with an | ||||||
2 | ignition interlock device and who is convicted of a violation | ||||||
3 | of this Section as a result of operating or being in actual | ||||||
4 | physical control of a motor vehicle not equipped with an | ||||||
5 | ignition interlock device at the time of the offense shall be | ||||||
6 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
7 | imprisonment of 30 days.
| ||||||
8 | (c-5) Any person convicted of a second violation of this
| ||||||
9 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
10 | probation or conditional discharge, and shall serve a mandatory | ||||||
11 | term of
imprisonment, if: | ||||||
12 | (1) the current violation occurred when the person's | ||||||
13 | driver's license was suspended or revoked for a violation | ||||||
14 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
16 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
17 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
18 | the offense of aggravated driving under the influence of | ||||||
19 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof when the violation | ||||||
21 | was a proximate cause of a death, or a similar out-of-state | ||||||
22 | offense; and | ||||||
23 | (2) the prior conviction under this Section occurred | ||||||
24 | while the person's driver's license was suspended or | ||||||
25 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012 relating to the |
| |||||||
| |||||||
1 | offense of reckless homicide, or a violation of | ||||||
2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
3 | Section 11-501 of this Code, relating to the offense of | ||||||
4 | aggravated driving under the influence of alcohol, other | ||||||
5 | drug or drugs, or intoxicating compound or compounds, or | ||||||
6 | any combination thereof when the violation was a proximate | ||||||
7 | cause of a death, or a similar out-of-state offense, or was | ||||||
8 | suspended or revoked for a violation of Section 11-401 or | ||||||
9 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
10 | similar provision of a local ordinance, or a statutory | ||||||
11 | summary suspension or revocation under Section 11-501.1 of | ||||||
12 | this Code.
| ||||||
13 | (d) Any person convicted of a second violation of this
| ||||||
14 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
15 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
16 | community service, as determined by the
court, if: | ||||||
17 | (1) the current violation occurred when the person's | ||||||
18 | driver's license was suspended or revoked for a violation | ||||||
19 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
20 | out-of-state offense, a similar provision of a local
| ||||||
21 | ordinance, or a
statutory summary suspension or revocation | ||||||
22 | under Section 11-501.1 of this Code; and | ||||||
23 | (2) the prior conviction under this Section occurred | ||||||
24 | while the person's driver's license was suspended or | ||||||
25 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
26 | Code, a similar out-of-state offense, a similar provision |
| |||||||
| |||||||
1 | of a local ordinance, or a statutory summary suspension or | ||||||
2 | revocation under Section 11-501.1 of this Code, or for a | ||||||
3 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012, relating to the offense of | ||||||
5 | reckless homicide, or a violation of subparagraph (F) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
7 | Code, relating to the offense of aggravated driving under | ||||||
8 | the influence of alcohol, other drug or drugs, or | ||||||
9 | intoxicating compound or compounds, or any combination | ||||||
10 | thereof when the violation was a proximate cause of a | ||||||
11 | death, or a similar out-of-state offense.
| ||||||
12 | The court may give credit toward the fulfillment of | ||||||
13 | community service hours for participation in activities and | ||||||
14 | treatment as determined by court services. | ||||||
15 | (d-1) Except as provided in subsections (a-7), (d-2), | ||||||
16 | (d-2.5), and (d-3), any
person convicted of
a third or | ||||||
17 | subsequent violation of this Section shall serve a minimum term | ||||||
18 | of
imprisonment of 30 days or 300 hours of community service, | ||||||
19 | as determined by the
court. The court may give credit toward | ||||||
20 | the fulfillment of community service hours for participation in | ||||||
21 | activities and treatment as determined by court services.
| ||||||
22 | (d-2) Any person convicted of a third violation of this
| ||||||
23 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
24 | term of
imprisonment of 30 days, if: | ||||||
25 | (1) the current violation occurred when the person's | ||||||
26 | driver's license was suspended or revoked for a violation |
| |||||||
| |||||||
1 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
2 | out-of-state offense, or a similar provision of a local
| ||||||
3 | ordinance, or a
statutory summary suspension or revocation | ||||||
4 | under Section 11-501.1 of this Code; and | ||||||
5 | (2) the prior convictions under this Section occurred | ||||||
6 | while the person's driver's license was suspended or | ||||||
7 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
8 | Code, a similar out-of-state offense, a similar provision | ||||||
9 | of a local ordinance, or a statutory summary suspension or | ||||||
10 | revocation under Section 11-501.1 of this Code, or for a | ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, relating to the offense of | ||||||
13 | reckless homicide, or a violation of subparagraph (F) of | ||||||
14 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
15 | Code, relating to the offense of aggravated driving under | ||||||
16 | the influence of alcohol, other drug or drugs, or | ||||||
17 | intoxicating compound or compounds, or any combination | ||||||
18 | thereof when the violation was a proximate cause of a | ||||||
19 | death, or a similar out-of-state offense.
| ||||||
20 | (d-2.5) Any person convicted of a third violation of this
| ||||||
21 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
22 | probation or conditional discharge, and must serve a mandatory | ||||||
23 | term of
imprisonment, if: | ||||||
24 | (1) the current violation occurred while the person's | ||||||
25 | driver's license was suspended or revoked for a violation | ||||||
26 | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012, relating to the offense of reckless homicide, | ||||||
2 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
3 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
4 | the offense of aggravated driving under the influence of | ||||||
5 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
6 | compounds, or any combination thereof when the violation | ||||||
7 | was a proximate cause of a death, or a similar out-of-state | ||||||
8 | offense.
The person's driving privileges shall be revoked | ||||||
9 | for the remainder of the person's life; and | ||||||
10 | (2) the prior convictions under this Section occurred | ||||||
11 | while the person's driver's license was suspended or | ||||||
12 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
13 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
14 | offense of reckless homicide, or a violation of | ||||||
15 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
16 | Section 11-501 of this Code, relating to the offense of | ||||||
17 | aggravated driving under the influence of alcohol, other | ||||||
18 | drug or drugs, or intoxicating compound or compounds, or | ||||||
19 | any combination thereof when the violation was a proximate | ||||||
20 | cause of a death, or a similar out-of-state offense, or was | ||||||
21 | suspended or revoked for a violation of Section 11-401 or | ||||||
22 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
23 | similar provision of a local ordinance, or a statutory | ||||||
24 | summary suspension or revocation under Section 11-501.1 of | ||||||
25 | this Code. | ||||||
26 | (d-3) Any person convicted of a fourth, fifth, sixth, |
| |||||||
| |||||||
1 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
2 | of a Class 4 felony and must serve a minimum term of
| ||||||
3 | imprisonment of 180 days, if: | ||||||
4 | (1) the current violation occurred when the person's | ||||||
5 | driver's license was suspended or revoked for a
violation | ||||||
6 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
7 | out-of-state
offense, a similar provision of a local | ||||||
8 | ordinance, or a statutory
summary suspension or revocation | ||||||
9 | under Section 11-501.1 of this Code; and | ||||||
10 | (2) the prior convictions under this Section occurred | ||||||
11 | while the person's driver's license was suspended or | ||||||
12 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
13 | Code, a similar out-of-state offense, a similar provision | ||||||
14 | of a local ordinance, or a statutory summary suspension or | ||||||
15 | revocation under Section 11-501.1 of this Code, or for a | ||||||
16 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012, relating to the offense of | ||||||
18 | reckless homicide, or a violation of subparagraph (F) of | ||||||
19 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
20 | Code, relating to the offense of aggravated driving under | ||||||
21 | the influence of alcohol, other drug or drugs, or | ||||||
22 | intoxicating compound or compounds, or any combination | ||||||
23 | thereof when the violation was a proximate cause of a | ||||||
24 | death, or a similar out-of-state offense.
| ||||||
25 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
26 | violation of this
Section is guilty of a Class 1 felony, is not |
| |||||||
| |||||||
1 | eligible for probation or conditional discharge, must serve a | ||||||
2 | mandatory term of
imprisonment, and is eligible for an extended | ||||||
3 | term, if: | ||||||
4 | (1) the current violation occurred when the person's | ||||||
5 | driver's license was suspended or revoked for a
violation | ||||||
6 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012, relating to the offense of reckless homicide, | ||||||
8 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
9 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
10 | the offense of aggravated driving under the influence of | ||||||
11 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
12 | compounds, or any combination thereof when the violation | ||||||
13 | was a proximate cause of a death, or a similar out-of-state | ||||||
14 | offense; and | ||||||
15 | (2) the prior convictions under this Section occurred | ||||||
16 | while the person's driver's license was suspended or | ||||||
17 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
19 | offense of reckless homicide, or a violation of | ||||||
20 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
21 | Section 11-501 of this Code, relating to the offense of | ||||||
22 | aggravated driving under the influence of alcohol, other | ||||||
23 | drug or drugs, or intoxicating compound or compounds, or | ||||||
24 | any combination thereof when the violation was a proximate | ||||||
25 | cause of a death, or a similar out-of-state offense, or was | ||||||
26 | suspended or revoked for a violation of Section 11-401 or |
| |||||||
| |||||||
1 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
2 | similar provision of a local ordinance, or a statutory | ||||||
3 | summary suspension or revocation under Section 11-501.1 of | ||||||
4 | this Code.
| ||||||
5 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
6 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
7 | of a Class 3 felony, and is not eligible for probation or | ||||||
8 | conditional discharge, if: | ||||||
9 | (1) the current violation occurred when the person's | ||||||
10 | driver's license was suspended or revoked for a violation | ||||||
11 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
12 | out-of-state offense, or a similar provision of a local | ||||||
13 | ordinance, or a statutory summary suspension or revocation | ||||||
14 | under Section 11-501.1 of this Code; and | ||||||
15 | (2) the prior convictions under this Section occurred | ||||||
16 | while the person's driver's license was suspended or | ||||||
17 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
18 | Code, a similar out-of-state offense, a similar provision | ||||||
19 | of a local ordinance, or a statutory suspension or | ||||||
20 | revocation under Section 11-501.1 of this Code, or for a | ||||||
21 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012, relating to the offense of | ||||||
23 | reckless homicide, or a violation of subparagraph (F) of | ||||||
24 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
25 | Code, relating to the offense of aggravated driving under | ||||||
26 | the influence of alcohol, other drug or drugs, or |
| |||||||
| |||||||
1 | intoxicating compound or compounds, or any combination | ||||||
2 | thereof when the violation was a proximate cause of a | ||||||
3 | death, or a similar out-of-state offense. | ||||||
4 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
5 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
6 | not eligible for probation or conditional discharge, if: | ||||||
7 | (1) the current violation occurred when the person's | ||||||
8 | driver's license was suspended or revoked for a violation | ||||||
9 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
10 | out-of-state offense, or a similar provision of a local | ||||||
11 | ordinance, or a statutory summary suspension or revocation | ||||||
12 | under Section 11-501.1 of this Code; and | ||||||
13 | (2) the prior convictions under this Section occurred | ||||||
14 | while the person's driver's license was suspended or | ||||||
15 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
16 | Code, a similar out-of-state offense, a similar provision | ||||||
17 | of a local ordinance, or a statutory summary suspension or | ||||||
18 | revocation under Section 11-501.1 of this Code, or for a | ||||||
19 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, relating to the offense of | ||||||
21 | reckless homicide, or a violation of subparagraph (F) of | ||||||
22 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
23 | Code, relating to the offense of aggravated driving under | ||||||
24 | the influence of alcohol, other drug or drugs, or | ||||||
25 | intoxicating compound or compounds, or any combination | ||||||
26 | thereof when the violation was a proximate cause of a |
| |||||||
| |||||||
1 | death, or a similar out-of-state offense.
| ||||||
2 | (e) Any person in violation of this Section who is also in | ||||||
3 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
4 | insurance requirements, in
addition to other penalties imposed | ||||||
5 | under this Section, shall have his or her
motor vehicle | ||||||
6 | immediately impounded by the arresting law enforcement | ||||||
7 | officer.
The motor vehicle may be released to any licensed | ||||||
8 | driver upon a showing of
proof of insurance for the vehicle | ||||||
9 | that was impounded and the notarized written
consent for the | ||||||
10 | release by the vehicle owner.
| ||||||
11 | (f) For any prosecution under this Section, a certified | ||||||
12 | copy of the
driving abstract of the defendant shall be admitted | ||||||
13 | as proof of any prior
conviction.
| ||||||
14 | (g) The motor vehicle used in a violation of this Section | ||||||
15 | is subject
to seizure and forfeiture as provided in Sections | ||||||
16 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
17 | driving privilege was revoked
or suspended as a result of: | ||||||
18 | (1) a violation of Section 11-501 of this Code, a | ||||||
19 | similar provision
of a local ordinance, or a similar | ||||||
20 | provision of a law of another state; | ||||||
21 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
22 | this Code, a
similar provision of a local ordinance, or a | ||||||
23 | similar provision of a law of another state; | ||||||
24 | (3) a statutory summary suspension or revocation under | ||||||
25 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
26 | law of another state; or |
| |||||||
| |||||||
1 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
3 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
4 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
5 | Code, relating to the offense of aggravated driving under | ||||||
6 | the influence of alcohol, other drug or drugs, or | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof when the violation was a proximate cause of a | ||||||
9 | death, or a similar provision of a law of another state.
| ||||||
10 | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
11 | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
12 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
13 | Sec. 6-402. Qualifications of driver training schools. In | ||||||
14 | order to
qualify for a license to operate a driver training | ||||||
15 | school, each applicant must:
| ||||||
16 | (a) be of good moral character;
| ||||||
17 | (b) be at least 21 years of age;
| ||||||
18 | (c) maintain an established place of business open to | ||||||
19 | the public which
meets the requirements of Section 6-403 | ||||||
20 | through 6-407;
| ||||||
21 | (d) maintain bodily injury and property damage | ||||||
22 | liability insurance on
motor vehicles while used in driving | ||||||
23 | instruction, insuring the liability of
the driving school, | ||||||
24 | the driving instructors and any person taking
instruction | ||||||
25 | in at least the following amounts: $50,000 for bodily |
| |||||||
| |||||||
1 | injury to
or death of one person in any one crash accident | ||||||
2 | and, subject to said limit for
one person, $100,000 for | ||||||
3 | bodily injury to or death of 2 or more persons in
any one | ||||||
4 | crash accident and the amount of $10,000 for damage to | ||||||
5 | property of others
in any one crash accident . Evidence of | ||||||
6 | such insurance coverage in the form of a
certificate from | ||||||
7 | the insurance carrier shall be filed with the Secretary of
| ||||||
8 | State, and such certificate shall stipulate that the | ||||||
9 | insurance shall not be
cancelled except upon 10 days prior | ||||||
10 | written notice to the Secretary of
State. The decal showing | ||||||
11 | evidence of insurance shall be affixed to the
windshield of | ||||||
12 | the vehicle;
| ||||||
13 | (e) provide a continuous surety company bond in the | ||||||
14 | principal sum of
$10,000 for a non-accredited school, | ||||||
15 | $40,000 for a CDL or teenage accredited school, $60,000 for | ||||||
16 | a CDL accredited and teenage accredited school, $50,000 for | ||||||
17 | a CDL or teenage accredited school with 3 or more licensed | ||||||
18 | branches, $70,000 for a CDL accredited and teenage | ||||||
19 | accredited school with 3 or more licensed branches for the | ||||||
20 | protection of the contractual rights of
students in such
| ||||||
21 | form as will meet with the approval of the Secretary of | ||||||
22 | State and written
by a company authorized to do business in | ||||||
23 | this State. However, the
aggregate liability of the surety | ||||||
24 | for all breaches of the condition of the
bond in no event | ||||||
25 | shall exceed the principal sum of $10,000 for a | ||||||
26 | non-accredited school, $40,000 for a CDL or teenage |
| |||||||
| |||||||
1 | accredited school, $60,000 for a CDL accredited and teenage | ||||||
2 | accredited school, $50,000 for a CDL or teenage accredited | ||||||
3 | school with 3 or more licensed branches, $70,000 for a CDL | ||||||
4 | accredited and teenage accredited school with 3 or more | ||||||
5 | licensed branches. The
surety on
any such bond may cancel | ||||||
6 | such bond on giving 30 days notice thereof in
writing to | ||||||
7 | the Secretary of State and shall be relieved of liability | ||||||
8 | for
any breach of any conditions of the bond which occurs | ||||||
9 | after the effective
date of cancellation;
| ||||||
10 | (f) have the equipment necessary to the giving of | ||||||
11 | proper instruction in
the operation of motor vehicles;
| ||||||
12 | (g) have and use a business telephone listing for all | ||||||
13 | business
purposes;
| ||||||
14 | (h) pay to the Secretary of State an application fee of
| ||||||
15 | $500 and $50 for each branch application; and
| ||||||
16 | (i) authorize an investigation to include a | ||||||
17 | fingerprint based background
check
to determine if the | ||||||
18 | applicant has ever been convicted of a crime and if so, the
| ||||||
19 | disposition of those convictions. The authorization shall | ||||||
20 | indicate the scope
of
the inquiry and the agencies that may | ||||||
21 | be contacted. Upon this authorization,
the
Secretary of | ||||||
22 | State may request and receive information and assistance | ||||||
23 | from any
federal, State, or local governmental agency as | ||||||
24 | part of the authorized
investigation. Each applicant shall | ||||||
25 | have his or her fingerprints submitted to
the Department of | ||||||
26 | State Police in the form and manner prescribed by the
|
| |||||||
| |||||||
1 | Department of State Police. The fingerprints shall be | ||||||
2 | checked against the
Department of State Police and Federal | ||||||
3 | Bureau of Investigation criminal history
record | ||||||
4 | information databases. The Department of State
Police | ||||||
5 | shall charge a fee for conducting the criminal history | ||||||
6 | records check,
which shall be deposited in the State Police | ||||||
7 | Services Fund and shall not exceed
the actual cost of the | ||||||
8 | records check. The applicant shall be required to pay
all
| ||||||
9 | related fingerprint fees including, but not limited to, the | ||||||
10 | amounts established
by the Department of State Police and | ||||||
11 | the Federal Bureau of Investigation to
process fingerprint | ||||||
12 | based criminal background investigations. The Department | ||||||
13 | of
State Police shall provide information concerning any | ||||||
14 | criminal convictions and
disposition of criminal | ||||||
15 | convictions brought against the applicant upon request
of | ||||||
16 | the Secretary
of State provided that the request is made in | ||||||
17 | the form and manner required by
the
Department of the State | ||||||
18 | Police. Unless otherwise prohibited by law, the
| ||||||
19 | information derived from the investigation including the | ||||||
20 | source of the
information and any conclusions or | ||||||
21 | recommendations derived from the
information by the | ||||||
22 | Secretary of State shall be provided to the applicant, or
| ||||||
23 | his
designee, upon request to the Secretary of State, prior | ||||||
24 | to any final action by
the Secretary of State on the | ||||||
25 | application. Any criminal convictions and
disposition | ||||||
26 | information obtained by the Secretary of State shall be
|
| |||||||
| |||||||
1 | confidential
and may not be transmitted outside the Office | ||||||
2 | of the Secretary of State, except
as required herein, and | ||||||
3 | may not be transmitted to anyone within the Office of
the | ||||||
4 | Secretary of State except as needed for the purpose of | ||||||
5 | evaluating the
applicant. At any administrative hearing | ||||||
6 | held under Section 2-118 of this Code relating to the | ||||||
7 | denial, cancellation, suspension, or revocation of a | ||||||
8 | driver training school license, the Secretary of State is | ||||||
9 | authorized to utilize at that hearing any criminal | ||||||
10 | histories, criminal convictions, and disposition | ||||||
11 | information obtained under this Section. The information | ||||||
12 | obtained from the investigation may be maintained
by the | ||||||
13 | Secretary of State or any agency to which the information | ||||||
14 | was
transmitted.
Only information and standards, which | ||||||
15 | bear a reasonable and rational relation
to
the performance | ||||||
16 | of a driver training school owner, shall be used by the
| ||||||
17 | Secretary of State. Any employee of the Secretary of State | ||||||
18 | who gives or causes
to be given away any confidential | ||||||
19 | information concerning any criminal charges
or disposition | ||||||
20 | of criminal charges of an applicant shall be guilty of a | ||||||
21 | Class A
misdemeanor,
unless release of the information is | ||||||
22 | authorized by this Section.
| ||||||
23 | No license shall be issued under this Section to a person | ||||||
24 | who is a
spouse, offspring, sibling, parent, grandparent, | ||||||
25 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
26 | of the person whose license to do
business at that location has |
| |||||||
| |||||||
1 | been revoked or denied or to a person who was
an officer or | ||||||
2 | employee of a business firm that has had its license revoked
or | ||||||
3 | denied, unless the Secretary of State is satisfied the | ||||||
4 | application was
submitted in good faith and not for the purpose | ||||||
5 | or effect of defeating the
intent of this Code.
| ||||||
6 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; | ||||||
7 | 96-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff. | ||||||
8 | 7-20-12.)
| ||||||
9 | (625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
| ||||||
10 | Sec. 6-420. Denial, Cancellation, Suspension, Revocation | ||||||
11 | and Failure to
Renew License. The Secretary may deny, cancel, | ||||||
12 | suspend or revoke, or refuse
to renew any driver training | ||||||
13 | school license or any driver training instructor
license:
| ||||||
14 | (1) When the Secretary is satisfied that the licensee | ||||||
15 | fails to meet the
requirements to receive or hold a license | ||||||
16 | under this Code;
| ||||||
17 | (2) Whenever the licensee fails to keep the records | ||||||
18 | required by this
Code;
| ||||||
19 | (3) Whenever the licensee permits fraud or engages in | ||||||
20 | fraudulent
practices either with reference to a student or | ||||||
21 | the Secretary, or induces
or countenances fraud or | ||||||
22 | fraudulent practices on the part of any applicant
for a | ||||||
23 | driver's license or permit;
| ||||||
24 | (4) Whenever the licensee fails to comply with any | ||||||
25 | provision of this Code
or any rule of the Secretary made |
| |||||||
| |||||||
1 | pursuant thereto;
| ||||||
2 | (5) Whenever the licensee represents himself as an | ||||||
3 | agent or employee of
the Secretary or uses advertising | ||||||
4 | designed to lead or which would
reasonably have the effect | ||||||
5 | of leading persons to believe that such licensee
is in fact | ||||||
6 | an employee or representative of the Secretary;
| ||||||
7 | (6) Whenever the licensee or any employee or agent of | ||||||
8 | the licensee
solicits driver training or instruction in an | ||||||
9 | office of any department of
the Secretary of State having | ||||||
10 | to do with the administration of any law
relating to motor | ||||||
11 | vehicles, or within 1,500 feet of any such office;
| ||||||
12 | (7) Whenever the licensee is convicted of driving while
| ||||||
13 | under the influence of alcohol, other drugs, or a | ||||||
14 | combination thereof;
leaving the scene of a crash an | ||||||
15 | accident ; reckless homicide or reckless driving; or
| ||||||
16 | (8) Whenever a driver training school advertises that a | ||||||
17 | driver's license
is guaranteed upon completion of the | ||||||
18 | course of instruction.
| ||||||
19 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
| ||||||
20 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
21 | Sec. 6-500. Definitions of words and phrases. | ||||||
22 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
23 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
24 | Act
(UCDLA), the words and phrases listed below have the | ||||||
25 | meanings
ascribed to them as follows:
|
| |||||||
| |||||||
1 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
2 | form of
alcohol, including but not limited to ethanol,
| ||||||
3 | methanol,
propanol, and
isopropanol.
| ||||||
4 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
5 | (A) the number of grams of alcohol per 210 liters of | ||||||
6 | breath;
or
| ||||||
7 | (B) the number of grams of alcohol per 100 milliliters | ||||||
8 | of
blood; or
| ||||||
9 | (C) the number of grams of alcohol per 67 milliliters | ||||||
10 | of
urine.
| ||||||
11 | Alcohol tests administered within 2 hours of the driver | ||||||
12 | being
"stopped or detained" shall be considered that driver's | ||||||
13 | "alcohol
concentration" for the purposes of enforcing this | ||||||
14 | UCDLA.
| ||||||
15 | (3) (Blank).
| ||||||
16 | (4) (Blank).
| ||||||
17 | (5) (Blank).
| ||||||
18 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
19 | electronic record of the individual CDL driver's status and | ||||||
20 | history stored by the State-of-Record as part of the Commercial | ||||||
21 | Driver's License Information System, or CDLIS, established | ||||||
22 | under 49 U.S.C. 31309. | ||||||
23 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
24 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
25 | driver record meeting the requirements for access to CDLIS | ||||||
26 | information and provided by states to users authorized in 49 |
| |||||||
| |||||||
1 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
2 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
3 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
4 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
5 | (A) a state allows the driver to change his or her | ||||||
6 | self-certification to interstate, but operating | ||||||
7 | exclusively in transportation or operation excepted from | ||||||
8 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
9 | 391.2, 391.68, or 398.3; | ||||||
10 | (B) a state allows the driver to change his or her | ||||||
11 | self-certification to intrastate only, if the driver | ||||||
12 | qualifies under that state's physical qualification | ||||||
13 | requirements for intrastate only; | ||||||
14 | (C) a state allows the driver to change his or her | ||||||
15 | certification to intrastate, but operating exclusively in | ||||||
16 | transportation or operations excepted from all or part of | ||||||
17 | the state driver qualification requirements; or | ||||||
18 | (D) a state removes the CDL privilege from the driver | ||||||
19 | license. | ||||||
20 | (6) Commercial Motor Vehicle.
| ||||||
21 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
22 | vehicle or combination of motor vehicles used in commerce, | ||||||
23 | except those referred to in subdivision (B), designed
to | ||||||
24 | transport passengers or property if the motor vehicle:
| ||||||
25 | (i) has a gross combination weight rating or gross | ||||||
26 | combination weight of 11,794 kilograms or more (26,001 |
| |||||||
| |||||||
1 | pounds or more), whichever is greater, inclusive of any | ||||||
2 | towed unit with a gross vehicle weight rating or
gross | ||||||
3 | vehicle weight of more than 4,536 kilograms (10,000 | ||||||
4 | pounds), whichever is greater; or
| ||||||
5 | (i-5) has a gross vehicle weight rating or gross | ||||||
6 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
7 | pounds or more), whichever is greater; or | ||||||
8 | (ii) is designed to transport 16 or more
persons, | ||||||
9 | including the driver;
or
| ||||||
10 | (iii) is of any size and is used in transporting | ||||||
11 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
12 | (B) Pursuant to the interpretation of the Commercial | ||||||
13 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
14 | Administration, the definition of
"commercial motor | ||||||
15 | vehicle" does not include:
| ||||||
16 | (i) recreational vehicles, when operated primarily | ||||||
17 | for personal use;
| ||||||
18 | (ii) vehicles owned by or operated under the | ||||||
19 | direction of the United States Department of Defense or | ||||||
20 | the United States Coast Guard only when operated by
| ||||||
21 | non-civilian personnel. This includes any operator on | ||||||
22 | active military
duty; members of the Reserves; | ||||||
23 | National Guard; personnel on part-time
training; and | ||||||
24 | National Guard military technicians (civilians who are
| ||||||
25 | required to wear military uniforms and are subject to | ||||||
26 | the Code of Military
Justice); or
|
| |||||||
| |||||||
1 | (iii) firefighting, police, and other emergency | ||||||
2 | equipment (including, without limitation, equipment | ||||||
3 | owned or operated by a HazMat or technical rescue team | ||||||
4 | authorized by a county board under Section 5-1127 of | ||||||
5 | the Counties Code), with audible and
visual signals, | ||||||
6 | owned or operated
by or for a
governmental entity, | ||||||
7 | which is necessary to the preservation of life or
| ||||||
8 | property or the execution of emergency governmental | ||||||
9 | functions which are
normally not subject to general | ||||||
10 | traffic rules and regulations.
| ||||||
11 | (7) Controlled Substance. "Controlled substance" shall | ||||||
12 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
13 | Controlled Substances Act,
and shall also include cannabis as | ||||||
14 | defined in Section 3 of the Cannabis Control
Act and | ||||||
15 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
16 | Control and Community Protection Act.
| ||||||
17 | (8) Conviction. "Conviction" means an unvacated | ||||||
18 | adjudication of guilt
or a determination that a person has | ||||||
19 | violated or failed to comply with the
law in a court of | ||||||
20 | original jurisdiction or by an authorized administrative
| ||||||
21 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
22 | deposited to secure
the person's appearance in court; a plea of | ||||||
23 | guilty or nolo contendere accepted by the court; the payment of | ||||||
24 | a fine or court cost
regardless of whether the imposition of | ||||||
25 | sentence is deferred and ultimately
a judgment dismissing the | ||||||
26 | underlying charge is entered; or a violation of a
condition of |
| |||||||
| |||||||
1 | release without bail, regardless of whether or not the penalty
| ||||||
2 | is rebated, suspended or probated.
| ||||||
3 | (8.5) Day. "Day" means calendar day.
| ||||||
4 | (9) (Blank).
| ||||||
5 | (10) (Blank).
| ||||||
6 | (11) (Blank).
| ||||||
7 | (12) (Blank).
| ||||||
8 | (13) Driver. "Driver" means any person who drives, | ||||||
9 | operates, or is in
physical control of a commercial motor | ||||||
10 | vehicle, any person who is required to hold a
CDL, or any | ||||||
11 | person who is a holder of a CDL while operating a | ||||||
12 | non-commercial motor vehicle.
| ||||||
13 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
14 | individual who applies to a state or other jurisdiction to | ||||||
15 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
16 | a CLP.
| ||||||
17 | (13.8) Electronic device. "Electronic device" includes, | ||||||
18 | but is not limited to, a cellular telephone, personal digital | ||||||
19 | assistant, pager, computer, or any other device used to input, | ||||||
20 | write, send, receive, or read text. | ||||||
21 | (14) Employee. "Employee" means a person who is employed as | ||||||
22 | a
commercial
motor vehicle driver. A person who is | ||||||
23 | self-employed as a commercial motor
vehicle driver must comply | ||||||
24 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
25 | owner-operator on a long-term lease shall be considered an | ||||||
26 | employee.
|
| |||||||
| |||||||
1 | (15) Employer. "Employer" means a person (including the | ||||||
2 | United
States, a State or a local authority) who owns or leases | ||||||
3 | a commercial motor
vehicle or assigns employees to operate such | ||||||
4 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
5 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
6 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
7 | to an individual's CLP or CDL required to permit the individual | ||||||
8 | to operate certain types of commercial motor vehicles. | ||||||
9 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
10 | training" means the training an entry-level driver receives | ||||||
11 | from an entity listed on the Federal Motor Carrier Safety | ||||||
12 | Administration's Training Provider Registry prior to: (i) | ||||||
13 | taking the CDL skills test required to receive the Class A or | ||||||
14 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
15 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
16 | taking the CDL skills test required to obtain a passenger or | ||||||
17 | school bus endorsement for the first time or the CDL knowledge | ||||||
18 | test required to obtain a hazardous materials endorsement for | ||||||
19 | the first time. | ||||||
20 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
21 | person who operates or expects to operate in interstate | ||||||
22 | commerce, but engages exclusively in transportation or | ||||||
23 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
24 | 398.3 from all or part of the qualification requirements of 49 | ||||||
25 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
26 | examiner's certificate by 49 C.F.R. 391.45. |
| |||||||
| |||||||
1 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
2 | person who operates in intrastate commerce but engages | ||||||
3 | exclusively in transportation or operations excepted from all | ||||||
4 | or parts of the state driver qualification requirements. | ||||||
5 | (16) (Blank).
| ||||||
6 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
7 | a result of a motor vehicle crash accident .
| ||||||
8 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
9 | driver" means a person licensed to operate a commercial motor | ||||||
10 | vehicle by an authority outside the United States, or a citizen | ||||||
11 | of a foreign country who operates a commercial motor vehicle in | ||||||
12 | the United States. | ||||||
13 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
14 | sovereign
jurisdiction that does not fall within the definition | ||||||
15 | of "State".
| ||||||
16 | (18) (Blank).
| ||||||
17 | (19) (Blank).
| ||||||
18 | (20) Hazardous materials. "Hazardous material" means any | ||||||
19 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
20 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
21 | or any quantity of a material listed as a select agent or toxin | ||||||
22 | in 42 C.F.R. part 73.
| ||||||
23 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
24 | existence of any condition of a vehicle, employee, or | ||||||
25 | commercial motor vehicle operations that substantially | ||||||
26 | increases the likelihood of serious injury or death if not |
| |||||||
| |||||||
1 | discontinued immediately; or a condition relating to hazardous | ||||||
2 | material that presents a substantial likelihood that death, | ||||||
3 | serious illness, severe personal injury, or a substantial | ||||||
4 | endangerment to health, property, or the environment may occur | ||||||
5 | before the reasonably foreseeable completion date of a formal | ||||||
6 | proceeding begun to lessen the risk of that death, illness, | ||||||
7 | injury or endangerment.
| ||||||
8 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
9 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
10 | CLP or CDL. | ||||||
11 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
12 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
13 | non-domiciled CDL. | ||||||
14 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
15 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
16 | period of more than 29
days.
| ||||||
17 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
18 | transmission utilizing a driver-operated clutch that is | ||||||
19 | activated by a pedal or lever and a gear-shift mechanism | ||||||
20 | operated either by hand or foot including those known as a | ||||||
21 | stick shift, stick, straight drive, or standard transmission. | ||||||
22 | All other transmissions, whether semi-automatic or automatic, | ||||||
23 | shall be considered automatic for the purposes of the | ||||||
24 | standardized restriction code. | ||||||
25 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
26 | individual certified by the Federal Motor Carrier Safety |
| |||||||
| |||||||
1 | Administration and listed on the National Registry of Certified | ||||||
2 | Medical Examiners in accordance with Federal Motor Carrier | ||||||
3 | Safety Regulations, 49 CFR 390.101 et seq. | ||||||
4 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
5 | certificate" means either (1) prior to June 22, 2021, a | ||||||
6 | document prescribed or approved by the Secretary of State that | ||||||
7 | is issued by a medical examiner to a driver to medically | ||||||
8 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
9 | electronic submission of results of an examination conducted by | ||||||
10 | a medical examiner listed on the National Registry of Certified | ||||||
11 | Medical Examiners to the Federal Motor Carrier Safety | ||||||
12 | Administration of a driver to medically qualify him or her to | ||||||
13 | drive. | ||||||
14 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
15 | has received one of the following from the Federal Motor | ||||||
16 | Carrier Safety Administration which allows the driver to be | ||||||
17 | issued a medical certificate: (1) an exemption letter | ||||||
18 | permitting operation of a commercial motor vehicle pursuant to | ||||||
19 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
20 | skill performance evaluation (SPE) certificate permitting | ||||||
21 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
22 | 391.49. | ||||||
23 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
24 | communication device that falls under or uses any commercial | ||||||
25 | mobile radio service, as defined in regulations of the Federal | ||||||
26 | Communications Commission, 47 CFR 20.3. It does not include |
| |||||||
| |||||||
1 | two-way or citizens band radio services. | ||||||
2 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
3 | which is self-propelled, and every vehicle which is propelled | ||||||
4 | by electric
power obtained from over head trolley wires but not | ||||||
5 | operated upon rails,
except vehicles moved solely by human | ||||||
6 | power and motorized wheel chairs.
| ||||||
7 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
8 | report of the driving status and history of a driver generated | ||||||
9 | from the driver record provided to users, such as drivers or | ||||||
10 | employers, and is subject to the provisions of the Driver | ||||||
11 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
12 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
13 | combination of motor vehicles not defined by the term | ||||||
14 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
15 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
16 | means a person who operates or expects to operate in interstate | ||||||
17 | commerce, is subject to and meets the qualification | ||||||
18 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
19 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
20 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
21 | means a person who operates only in intrastate commerce and is | ||||||
22 | subject to State driver qualification requirements. | ||||||
23 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
24 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
25 | respectively, issued by a state or other jurisdiction under | ||||||
26 | either of the following two conditions: |
| |||||||
| |||||||
1 | (i) to an individual domiciled in a foreign country | ||||||
2 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
3 | of the Federal Motor Carrier Safety Administration.
| ||||||
4 | (ii) to an individual domiciled in another state | ||||||
5 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
6 | of the Federal Motor Carrier Safety Administration.
| ||||||
7 | (24) (Blank).
| ||||||
8 | (25) (Blank).
| ||||||
9 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
10 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
11 | while operating a commercial motor vehicle, of
any
of the | ||||||
12 | following:
| ||||||
13 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
14 | (B) Any other similar
law or local ordinance of any | ||||||
15 | state relating to
railroad-highway grade crossing.
| ||||||
16 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
17 | vehicle used to transport pre-primary, primary, or secondary | ||||||
18 | school students from home to school, from school to home, or to | ||||||
19 | and from school-sponsored events. "School bus" does not include | ||||||
20 | a bus used as a common carrier.
| ||||||
21 | (26) Serious Traffic Violation. "Serious traffic | ||||||
22 | violation"
means:
| ||||||
23 | (A) a conviction when operating a commercial motor | ||||||
24 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
25 | CDL,
of:
| ||||||
26 | (i) a violation relating to excessive speeding,
|
| |||||||
| |||||||
1 | involving a single speeding charge of 15 miles per hour | ||||||
2 | or more above the
legal speed limit; or
| ||||||
3 | (ii) a violation relating to reckless driving; or
| ||||||
4 | (iii) a violation of any State law or local | ||||||
5 | ordinance relating to motor
vehicle traffic control | ||||||
6 | (other than parking violations) arising in
connection | ||||||
7 | with a fatal traffic crash accident ; or
| ||||||
8 | (iv) a violation of Section 6-501, relating to | ||||||
9 | having multiple driver's
licenses; or
| ||||||
10 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
11 | relating to the
requirement to have a valid CLP or CDL; | ||||||
12 | or
| ||||||
13 | (vi) a violation relating to improper or erratic | ||||||
14 | traffic lane changes;
or
| ||||||
15 | (vii) a violation relating to following another | ||||||
16 | vehicle too closely; or
| ||||||
17 | (viii) a violation relating to texting while | ||||||
18 | driving; or | ||||||
19 | (ix) a violation relating to the use of a hand-held | ||||||
20 | mobile telephone while driving; or | ||||||
21 | (B) any other similar violation of a law or local
| ||||||
22 | ordinance of any state relating to motor vehicle traffic | ||||||
23 | control, other
than a parking violation, which the | ||||||
24 | Secretary of State determines by
administrative rule to be | ||||||
25 | serious.
| ||||||
26 | (27) State. "State" means a state of the United States, the |
| |||||||
| |||||||
1 | District of
Columbia and any province or territory of Canada.
| ||||||
2 | (28) (Blank).
| ||||||
3 | (29) (Blank).
| ||||||
4 | (30) (Blank).
| ||||||
5 | (31) (Blank).
| ||||||
6 | (32) Texting. "Texting" means manually entering | ||||||
7 | alphanumeric text into, or reading text from, an electronic | ||||||
8 | device. | ||||||
9 | (1) Texting includes, but is not limited to, short | ||||||
10 | message service, emailing, instant messaging, a command or | ||||||
11 | request to access a World Wide Web page, pressing more than | ||||||
12 | a single button to initiate or terminate a voice | ||||||
13 | communication using a mobile telephone, or engaging in any | ||||||
14 | other form of electronic text retrieval or entry for | ||||||
15 | present or future communication. | ||||||
16 | (2) Texting does not include: | ||||||
17 | (i) inputting, selecting, or reading information | ||||||
18 | on a global positioning system or navigation system; or | ||||||
19 | (ii) pressing a single button to initiate or | ||||||
20 | terminate a voice communication using a mobile | ||||||
21 | telephone; or | ||||||
22 | (iii) using a device capable of performing | ||||||
23 | multiple functions (for example, a fleet management | ||||||
24 | system, dispatching device, smart phone, citizens band | ||||||
25 | radio, or music player) for a purpose that is not | ||||||
26 | otherwise prohibited by Part 392 of the Federal Motor |
| |||||||
| |||||||
1 | Carrier Safety Regulations. | ||||||
2 | (32.3) Third party skills test examiner. "Third party | ||||||
3 | skills test examiner" means a person employed by a third party | ||||||
4 | tester who is authorized by the State to administer the CDL | ||||||
5 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
6 | (32.5) Third party tester. "Third party tester" means a | ||||||
7 | person (including, but not limited to, another state, a motor | ||||||
8 | carrier, a private driver training facility or other private | ||||||
9 | institution, or a department, agency, or instrumentality of a | ||||||
10 | local government) authorized by the State to employ skills test | ||||||
11 | examiners to administer the CDL skills tests specified in 49 | ||||||
12 | C.F.R. Part 383, subparts G and H. | ||||||
13 | (32.7) United States. "United States" means the 50 states | ||||||
14 | and the District of Columbia. | ||||||
15 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
16 | mobile telephone" means: | ||||||
17 | (1) using at least one hand to hold a mobile telephone | ||||||
18 | to conduct a voice communication; | ||||||
19 | (2) dialing or answering a mobile telephone by pressing | ||||||
20 | more than a single button; or | ||||||
21 | (3) reaching for a mobile telephone in a manner that | ||||||
22 | requires a driver to maneuver so that he or she is no | ||||||
23 | longer in a seated driving position, restrained by a seat | ||||||
24 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
25 | adjusted in accordance with the vehicle manufacturer's | ||||||
26 | instructions. |
| |||||||
| |||||||
1 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||||||
2 | (625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
| ||||||
3 | Sec. 6-500.2. Statement of intent and purpose. The purpose | ||||||
4 | of this
UCDLA is to implement the federal Commercial Motor | ||||||
5 | Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law | ||||||
6 | 99-570) and reduce or prevent
commercial motor vehicle crashes | ||||||
7 | accidents , fatalities and injuries by:
| ||||||
8 | (a) permitting commercial drivers to hold only one driver's | ||||||
9 | license;
| ||||||
10 | (b) disqualifying commercial drivers who have committed | ||||||
11 | certain serious
traffic violations, or other specified | ||||||
12 | offenses; and
| ||||||
13 | (c) strengthening commercial driver licensing and testing | ||||||
14 | standards.
| ||||||
15 | This UCDLA is remedial in nature and should be liberally | ||||||
16 | construed to
promote the public's health, safety and welfare. | ||||||
17 | To the extent that this
UCDLA conflicts with any other | ||||||
18 | provisions of this Code, the UCDLA shall
prevail. Where this | ||||||
19 | UCDLA is silent, the other general provisions of this
Code | ||||||
20 | shall apply.
| ||||||
21 | (Source: P.A. 86-845.)
| ||||||
22 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
23 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
24 | learner's permit (CLP); disqualifications.
|
| |||||||
| |||||||
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 test | ||||||
5 | or tests to determine the driver's blood concentration of | ||||||
6 | alcohol, other drug, or both
while driving a commercial | ||||||
7 | motor vehicle or, if the driver is a CLP or CDL holder, | ||||||
8 | while driving a non-CMV; or
| ||||||
9 | (2) Operating a commercial motor vehicle while the | ||||||
10 | alcohol
concentration of the person's blood, breath, other | ||||||
11 | bodily substance, or urine is at least 0.04, or any
amount | ||||||
12 | of a drug, substance, or compound in the person's blood, | ||||||
13 | other bodily substance, or urine
resulting from the | ||||||
14 | unlawful use or consumption of cannabis listed in the
| ||||||
15 | Cannabis Control Act, a controlled substance listed in the | ||||||
16 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
17 | listed in the Methamphetamine Control and Community | ||||||
18 | Protection Act as indicated by a police officer's sworn | ||||||
19 | report or
other verified evidence; or operating a | ||||||
20 | non-commercial motor vehicle while the alcohol | ||||||
21 | concentration of the person's blood, breath, other bodily | ||||||
22 | substance, or urine was above the legal limit defined in | ||||||
23 | Section 11-501.1 or 11-501.8 or any amount of a drug, | ||||||
24 | substance, or compound in the person's blood, other bodily | ||||||
25 | substance, or urine resulting from the unlawful use or | ||||||
26 | consumption of cannabis listed in the Cannabis Control Act, |
| |||||||
| |||||||
1 | a controlled substance listed in the Illinois Controlled | ||||||
2 | Substances Act, or methamphetamine as listed in the | ||||||
3 | Methamphetamine Control and Community Protection Act
as | ||||||
4 | indicated by a police officer's sworn report or other | ||||||
5 | verified evidence while holding a CLP or CDL; or
| ||||||
6 | (3) Conviction for a first violation of:
| ||||||
7 | (i) Driving a commercial motor vehicle or, if the | ||||||
8 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
9 | under the influence of
alcohol, or any other drug, or | ||||||
10 | combination of drugs to a degree which
renders such | ||||||
11 | person incapable of safely driving; or
| ||||||
12 | (ii) Knowingly leaving the scene of a crash an | ||||||
13 | accident while
operating a commercial motor vehicle | ||||||
14 | or, if the driver is a CLP or CDL holder, while driving | ||||||
15 | a non-CMV; or
| ||||||
16 | (iii) Driving a commercial motor vehicle or, if the | ||||||
17 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
18 | committing any felony; or | ||||||
19 | (iv) Driving a commercial motor vehicle while the | ||||||
20 | person's driving privileges or driver's license or | ||||||
21 | permit is revoked, suspended, or cancelled or the | ||||||
22 | driver is disqualified from operating a commercial | ||||||
23 | motor vehicle; or | ||||||
24 | (v) Causing a fatality through the negligent | ||||||
25 | operation of a commercial motor vehicle, including but | ||||||
26 | not limited to the crimes of motor vehicle |
| |||||||
| |||||||
1 | manslaughter, homicide by a motor vehicle, and | ||||||
2 | negligent homicide. | ||||||
3 | As used in this subdivision (a)(3)(v), "motor | ||||||
4 | vehicle manslaughter" means the offense of involuntary | ||||||
5 | manslaughter if committed by means of a vehicle; | ||||||
6 | "homicide by a motor vehicle" means the offense of | ||||||
7 | first degree murder or second degree murder, if either | ||||||
8 | offense is committed by means of a vehicle; and | ||||||
9 | "negligent homicide" means reckless homicide under | ||||||
10 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 and aggravated driving under the | ||||||
12 | influence of alcohol, other drug or drugs, | ||||||
13 | intoxicating compound or compounds, or any combination | ||||||
14 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
15 | of this Code.
| ||||||
16 | If any of the above violations or refusals occurred | ||||||
17 | while
transporting hazardous material(s) required to be | ||||||
18 | placarded, the person
shall be disqualified for a period of | ||||||
19 | not less than 3 years; or
| ||||||
20 | (4) (Blank). | ||||||
21 | (b) A person is disqualified for life for a second | ||||||
22 | conviction of any of
the offenses specified in paragraph (a), | ||||||
23 | or any combination of those
offenses, arising from 2 or more | ||||||
24 | separate incidents.
| ||||||
25 | (c) A person is disqualified from driving a commercial | ||||||
26 | motor vehicle for
life if the person either (i) uses a |
| |||||||
| |||||||
1 | commercial motor vehicle in the commission of any felony
| ||||||
2 | involving the manufacture, distribution, or dispensing of a | ||||||
3 | controlled
substance, or possession with intent to | ||||||
4 | manufacture, distribute or dispense
a controlled substance or | ||||||
5 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
6 | commission of a felony involving any of those activities.
| ||||||
7 | (d) The Secretary of State may, when the United States | ||||||
8 | Secretary of
Transportation so authorizes, issue regulations | ||||||
9 | in which a disqualification
for life under paragraph (b) may be | ||||||
10 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
11 | driver is subsequently convicted of another disqualifying
| ||||||
12 | offense, as specified in subsection (a) of this Section, he or | ||||||
13 | she shall be
permanently disqualified for life and shall be | ||||||
14 | ineligible to again apply for a
reduction of the lifetime | ||||||
15 | disqualification.
| ||||||
16 | (e) A person is disqualified from driving a commercial | ||||||
17 | motor vehicle for
a period of not less than 2 months if | ||||||
18 | convicted of 2 serious traffic
violations, committed in a | ||||||
19 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
20 | or any combination thereof, arising from separate
incidents, | ||||||
21 | occurring within a 3 year period, provided the serious traffic | ||||||
22 | violation committed in a non-CMV would result in the suspension | ||||||
23 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
24 | However, a person will be
disqualified from driving a | ||||||
25 | commercial motor vehicle for a period of not less
than 4 months | ||||||
26 | if convicted of 3 serious traffic violations, committed in a
|
| |||||||
| |||||||
1 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
2 | or any combination thereof, arising from separate incidents, | ||||||
3 | occurring within a 3
year period, provided the serious traffic | ||||||
4 | violation committed in a non-CMV would result in the suspension | ||||||
5 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
6 | all the convictions occurred in a non-CMV, the disqualification | ||||||
7 | shall be entered only if the convictions would result in the | ||||||
8 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
9 | privileges.
| ||||||
10 | (e-1) (Blank).
| ||||||
11 | (f) Notwithstanding any other provision of this Code, any | ||||||
12 | driver
disqualified from operating a commercial motor vehicle, | ||||||
13 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
14 | of commercial driving
privileges during any such period of | ||||||
15 | disqualification.
| ||||||
16 | (g) After suspending, revoking, or cancelling a CLP or CDL, | ||||||
17 | the Secretary of State must update the driver's records to | ||||||
18 | reflect
such action within 10 days. After suspending or | ||||||
19 | revoking the driving privilege
of any person who has been | ||||||
20 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
21 | shall originate notification to
such issuing jurisdiction | ||||||
22 | within 10 days.
| ||||||
23 | (h) The "disqualifications" referred to in this Section | ||||||
24 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
25 | by the Secretary of
State, unless the prohibited action(s) | ||||||
26 | occurred after March 31, 1992.
|
| |||||||
| |||||||
1 | (i) A person is disqualified from driving a commercial | ||||||
2 | motor vehicle in
accordance with the following:
| ||||||
3 | (1) For 6 months upon a first conviction of paragraph | ||||||
4 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
5 | of this Code.
| ||||||
6 | (2) For 2 years upon a second conviction of paragraph | ||||||
7 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
8 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
9 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
10 | within a 10-year period if the second conviction is a | ||||||
11 | violation of paragraph (2) of subsection (b) or subsection | ||||||
12 | (b-3).
| ||||||
13 | (3) For 3 years upon a third or subsequent conviction | ||||||
14 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
15 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
16 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
17 | within a 10-year period if the third or subsequent | ||||||
18 | conviction is a violation of paragraph (2) of subsection | ||||||
19 | (b) or subsection (b-3).
| ||||||
20 | (4) For one year upon a first conviction of paragraph | ||||||
21 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
22 | of this Code.
| ||||||
23 | (5) For 3 years upon a second conviction of paragraph | ||||||
24 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
25 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
26 | subsections (b-3) or (b-5) of Section 6-507 of this Code |
| |||||||
| |||||||
1 | within a 10-year period if the second conviction is a | ||||||
2 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
3 | (6) For 5 years upon a third or subsequent conviction | ||||||
4 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
5 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
6 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
7 | within a 10-year period if the third or subsequent | ||||||
8 | conviction is a violation of paragraph (3) of subsection | ||||||
9 | (b) or (b-5).
| ||||||
10 | (j) Disqualification for railroad-highway grade crossing
| ||||||
11 | violation.
| ||||||
12 | (1) General rule. A driver who is convicted of a | ||||||
13 | violation of a federal,
State, or
local law or regulation | ||||||
14 | pertaining to
one of the following 6 offenses at a | ||||||
15 | railroad-highway grade crossing must be
disqualified
from | ||||||
16 | operating a commercial motor vehicle for the period of time | ||||||
17 | specified in
paragraph (2) of this subsection (j) if the | ||||||
18 | offense was committed while
operating a commercial motor | ||||||
19 | vehicle:
| ||||||
20 | (i) For drivers who are not required to always | ||||||
21 | stop, failing to
slow down and check that the tracks | ||||||
22 | are clear of an approaching train or railroad track | ||||||
23 | equipment, as
described in subsection (a-5) of Section | ||||||
24 | 11-1201 of this Code;
| ||||||
25 | (ii) For drivers who are not required to always | ||||||
26 | stop, failing to
stop before reaching the crossing, if |
| |||||||
| |||||||
1 | the tracks are not clear, as described in
subsection | ||||||
2 | (a) of Section 11-1201 of this Code;
| ||||||
3 | (iii) For drivers who are always required to stop, | ||||||
4 | failing to stop
before driving onto the crossing, as | ||||||
5 | described in Section 11-1202 of this Code;
| ||||||
6 | (iv) For all drivers, failing to have sufficient | ||||||
7 | space to drive
completely through the crossing without | ||||||
8 | stopping, as described in subsection
(b) of Section | ||||||
9 | 11-1425 of this Code;
| ||||||
10 | (v) For all drivers, failing to obey a traffic | ||||||
11 | control device or
the directions of an enforcement | ||||||
12 | official at the crossing, as described in
subdivision | ||||||
13 | (a)2 of Section 11-1201 of this Code;
| ||||||
14 | (vi) For all drivers, failing to negotiate a | ||||||
15 | crossing because of
insufficient undercarriage | ||||||
16 | clearance, as described in subsection (d-1) of
Section | ||||||
17 | 11-1201 of this Code.
| ||||||
18 | (2) Duration of disqualification for railroad-highway | ||||||
19 | grade
crossing violation.
| ||||||
20 | (i) First violation. A driver must be disqualified | ||||||
21 | from operating a
commercial motor vehicle
for not less | ||||||
22 | than 60 days if the driver is convicted of a violation | ||||||
23 | described
in paragraph
(1) of this subsection (j) and, | ||||||
24 | in the three-year period preceding the
conviction, the | ||||||
25 | driver
had no convictions for a violation described in | ||||||
26 | paragraph (1) of this
subsection (j).
|
| |||||||
| |||||||
1 | (ii) Second violation. A driver must be | ||||||
2 | disqualified from operating a
commercial
motor vehicle
| ||||||
3 | for not less
than 120 days if the driver is convicted
| ||||||
4 | of a violation described in paragraph (1) of this | ||||||
5 | subsection (j) and, in the
three-year
period preceding | ||||||
6 | the conviction, the driver had one other conviction for | ||||||
7 | a
violation
described in paragraph (1) of this | ||||||
8 | subsection (j) that was committed in a
separate
| ||||||
9 | incident.
| ||||||
10 | (iii) Third or subsequent violation. A driver must | ||||||
11 | be disqualified from
operating a
commercial motor | ||||||
12 | vehicle
for not less than one year if the driver is | ||||||
13 | convicted
of a violation described in paragraph (1) of | ||||||
14 | this subsection (j) and, in the
three-year
period | ||||||
15 | preceding the conviction, the driver had 2 or more | ||||||
16 | other convictions for
violations
described in | ||||||
17 | paragraph (1) of this subsection (j) that were | ||||||
18 | committed in
separate incidents.
| ||||||
19 | (k) Upon notification of a disqualification of a driver's | ||||||
20 | commercial motor vehicle privileges imposed by the U.S. | ||||||
21 | Department of Transportation, Federal Motor Carrier Safety | ||||||
22 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
23 | Secretary of State shall immediately record to the driving | ||||||
24 | record the notice of disqualification and confirm to the driver | ||||||
25 | the action that has been taken.
| ||||||
26 | (l) A foreign commercial driver is subject to |
| |||||||
| |||||||
1 | disqualification under this Section. | ||||||
2 | (Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of | ||||||
3 | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective | ||||||
4 | date of changes made by P.A. 98-176); 98-722, eff. 7-16-14; | ||||||
5 | 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff. | ||||||
6 | 7-29-16.)
| ||||||
7 | (625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
| ||||||
8 | Sec. 6-516. Implied consent requirements for commercial | ||||||
9 | motor vehicle
drivers. | ||||||
10 | (a) Effective April 1, 1992, any person who drives a | ||||||
11 | commercial motor
vehicle upon the highways is hereby deemed to | ||||||
12 | have given consent to submit
to a test or tests, subject to the | ||||||
13 | provisions of Section 11-501.2 of this Code,
of such person's | ||||||
14 | breath, blood or urine for the purpose of determining the
| ||||||
15 | presence of alcohol, or other drugs, in such person's system.
| ||||||
16 | (b) A test or tests may be administered at the direction of | ||||||
17 | a law
enforcement officer, who after stopping or detaining the | ||||||
18 | commercial motor
vehicle driver, has probable cause to believe | ||||||
19 | that driver was driving a
commercial motor vehicle while having | ||||||
20 | alcohol or any amount of a drug,
substance, or compound | ||||||
21 | resulting from the unlawful use or consumption of
cannabis | ||||||
22 | listed in the Cannabis Control Act, a controlled substance | ||||||
23 | listed in
the Illinois Controlled Substances Act, or | ||||||
24 | methamphetamine as listed in the Methamphetamine Control and | ||||||
25 | Community Protection Act in such driver's system.
|
| |||||||
| |||||||
1 | (c) Effective April 1, 1992, any person who operates a | ||||||
2 | school bus at
the time of a crash an accident involving the | ||||||
3 | school bus is hereby deemed to have
given consent to submit to | ||||||
4 | a test or tests to be administered at the
direction of a law | ||||||
5 | enforcement officer, subject to the provisions of
Section | ||||||
6 | 11-501.2 of this Code, of the driver's breath, blood or urine | ||||||
7 | for
the purpose of determining the presence of alcohol, or | ||||||
8 | other drugs, in the
person's system.
| ||||||
9 | (Source: P.A. 95-355, eff. 1-1-08.)
| ||||||
10 | (625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
| ||||||
11 | Sec. 6-703. Effect of Conviction.
| ||||||
12 | (a) The licensing authority in the home state, for the | ||||||
13 | purposes of
suspension, revocation or limitation of the license | ||||||
14 | to operate a motor
vehicle, shall give the same effect to the | ||||||
15 | conduct reported, pursuant to
Section 6-702, as it would if | ||||||
16 | such conduct had occurred in the home state,
in the case of | ||||||
17 | convictions for:
| ||||||
18 | 1. Manslaughter or negligent homicide resulting from the | ||||||
19 | operation of a
motor vehicle;
| ||||||
20 | 2. Driving a motor vehicle while under the influence of | ||||||
21 | intoxicating
liquor or a narcotic drug, or under the influence | ||||||
22 | of any other drug to a
degree which renders the driver | ||||||
23 | incapable of safely driving a motor
vehicle;
| ||||||
24 | 3. Any felony in the commission of which a motor vehicle is | ||||||
25 | used;
|
| |||||||
| |||||||
1 | 4. Failure to stop and render aid in the event of a motor | ||||||
2 | vehicle
crash accident resulting in the death or personal | ||||||
3 | injury of another.
| ||||||
4 | (b) As to other convictions, reported pursuant to Section | ||||||
5 | 6-702, the
licensing authority in the home state shall give | ||||||
6 | such effect to the conduct
as is provided by the laws of the | ||||||
7 | home state.
| ||||||
8 | (c) If the laws of a party state do not provide for | ||||||
9 | offenses or
violations denominated or described in precisely | ||||||
10 | the words employed in
paragraph (a) of this Section, such party | ||||||
11 | state shall construe the
denominations and descriptions | ||||||
12 | appearing in paragraph (a) hereof as being
applicable to and | ||||||
13 | identifying those offenses or violations of a
substantially | ||||||
14 | similar nature, and the laws of such party state shall
contain | ||||||
15 | such provision as may be necessary to ensure that full force | ||||||
16 | and
effect is given to this Section.
| ||||||
17 | (Source: P.A. 76-1615.)
| ||||||
18 | (625 ILCS 5/6-1002) | ||||||
19 | Sec. 6-1002. Enhanced skills driving school | ||||||
20 | qualifications. In order to qualify for a license to operate an | ||||||
21 | enhanced skills driving school, each applicant must: | ||||||
22 | (1) Be of good moral character; | ||||||
23 | (2) Be at least 21 years of age; | ||||||
24 | (3) Maintain bodily injury and property damage | ||||||
25 | liability insurance on motor vehicles while used in driving |
| |||||||
| |||||||
1 | instruction, insuring the liability of the driving school, | ||||||
2 | the driving instructors and any person taking instruction | ||||||
3 | in at least the following amounts: $500,000 for bodily | ||||||
4 | injury to or death of one person in any one crash accident | ||||||
5 | and, subject to said limit for one person, $1,000,000 for | ||||||
6 | bodily injury to or death of 2 or more persons in any one | ||||||
7 | crash accident and the amount of $100,000 for damage to | ||||||
8 | property of others in any one crash accident . Evidence of | ||||||
9 | such insurance coverage in the form of a certificate from | ||||||
10 | the insurance carrier shall be filed with the Secretary of | ||||||
11 | State, and such certificate shall stipulate that the | ||||||
12 | insurance shall not be cancelled except upon 10 days' prior | ||||||
13 | written notice to the Secretary of State; | ||||||
14 | (4) Have the equipment necessary to the giving of | ||||||
15 | proper instruction in the operation of motor vehicles; and | ||||||
16 | (5) Pay to the Secretary of State an application fee of | ||||||
17 | $500 and $50 for each branch application.
| ||||||
18 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
19 | (625 ILCS 5/6-1004) | ||||||
20 | Sec. 6-1004. Qualifications of enhanced skills driving | ||||||
21 | school instructors. In order to qualify for a license as an | ||||||
22 | instructor for an enhanced skills driving school, an applicant | ||||||
23 | must: | ||||||
24 | (1) Be of good moral character; | ||||||
25 | (2) Have never been convicted of driving while under |
| |||||||
| |||||||
1 | the influence of alcohol, other drugs, or a combination | ||||||
2 | thereof; leaving the scene of a crash an accident ; reckless | ||||||
3 | homicide or reckless driving; | ||||||
4 | (3) Be physically able to operate safely a motor | ||||||
5 | vehicle and to train others in the operation of motor | ||||||
6 | vehicles; | ||||||
7 | (4) Hold a valid drivers license; and | ||||||
8 | (5) Pay to the Secretary of State an application and | ||||||
9 | license fee of $70.
| ||||||
10 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
11 | (625 ILCS 5/6-1009) | ||||||
12 | Sec. 6-1009. Denial, cancellation, suspension, revocation, | ||||||
13 | and failure to renew license. The Secretary may deny, cancel, | ||||||
14 | suspend or revoke, or refuse to renew any enhanced skills | ||||||
15 | driving school license or any enhanced skills driving school | ||||||
16 | instructor license: | ||||||
17 | (1) When the Secretary is satisfied that the licensee | ||||||
18 | fails to meet the requirements to receive or hold a license | ||||||
19 | under this Code; | ||||||
20 | (2) Whenever the licensee fails to keep records | ||||||
21 | required by this Code or by any rule prescribed by the | ||||||
22 | Secretary; | ||||||
23 | (3) Whenever the licensee fails to comply with any | ||||||
24 | provision of this Code or any rule of the Secretary made | ||||||
25 | pursuant thereto; |
| |||||||
| |||||||
1 | (4) Whenever the licensee represents himself or | ||||||
2 | herself as an agent or employee of the Secretary or uses | ||||||
3 | advertising designed to lead or which would reasonably have | ||||||
4 | the effect of leading persons to believe that such licensee | ||||||
5 | is in fact an employee or representative of the Secretary; | ||||||
6 | (5) Whenever the licensee or any employee or agent of | ||||||
7 | the licensee solicits driver training or instruction in an | ||||||
8 | office of any department of the Secretary of State having | ||||||
9 | to do with the administration of any law relating to motor | ||||||
10 | vehicles, or within 1,500 feet of any such office; or | ||||||
11 | (6) Whenever the licensee is convicted of driving while | ||||||
12 | under the influence of alcohol, other drugs, or a | ||||||
13 | combination thereof; leaving the scene of a crash an | ||||||
14 | accident ; reckless homicide or reckless driving.
| ||||||
15 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
16 | (625 ILCS 5/Ch. 7 Art. II heading) | ||||||
17 | ARTICLE II. SECURITY FOLLOWING CRASH ACCIDENT
| ||||||
18 | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
| ||||||
19 | Sec. 7-201. Application of Article II. The Administrator as | ||||||
20 | soon as practicable after the receipt of the
report, required | ||||||
21 | to be filed under Sections 11-406 and 11-410, of a motor
| ||||||
22 | vehicle crash accident occurring within this State and that has | ||||||
23 | resulted in
bodily injury or death of any person or that damage | ||||||
24 | to the property of
any one person in excess of $1,500 (or $500 |
| |||||||
| |||||||
1 | if any of the vehicles involved in the crash accident is | ||||||
2 | subject to Section 7-601 but is not covered by a liability | ||||||
3 | insurance policy in accordance with Section 7-601) was | ||||||
4 | sustained, shall determine:
| ||||||
5 | 1. Whether Section 7-202 of this Code requires the | ||||||
6 | deposit of security by
or on behalf of any person who was | ||||||
7 | the operator or owner of any motor
vehicle in any manner | ||||||
8 | involved in the crash accident ; and
| ||||||
9 | 2. What amount of security shall be sufficient to | ||||||
10 | satisfy any potential
judgment or judgments for money | ||||||
11 | damages resulting from the crash accident as may
be | ||||||
12 | recovered against the operator or owner, which amount shall | ||||||
13 | in no event
be less than $1,500 (or $500 if any of the | ||||||
14 | vehicles involved in the crash accident is subject to | ||||||
15 | Section 7-601 but is not covered by a liability insurance | ||||||
16 | policy in accordance with Section 7-601).
| ||||||
17 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
18 | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
| ||||||
19 | Sec. 7-201.1.
If the Administrator has not received a | ||||||
20 | report required
to be filed under Sections 11-406 and 11-410, | ||||||
21 | or if the information
contained in a report is insufficient, | ||||||
22 | the Administrator shall send to the
person required to file the | ||||||
23 | report a written request for the missing report
or the missing | ||||||
24 | information. The Administrator shall send such request no
later | ||||||
25 | than 45 days after the crash accident or 7 days after receiving |
| |||||||
| |||||||
1 | information
that such crash accident has occurred, whichever is | ||||||
2 | later.
| ||||||
3 | If the request is sent to a driver involved in a crash an | ||||||
4 | accident , the request
or an attachment thereto shall contain in | ||||||
5 | bold print a warning that failure
to comply with the request | ||||||
6 | within 15 days may result in the suspension of
the driver's | ||||||
7 | license.
| ||||||
8 | (Source: P.A. 84-797.)
| ||||||
9 | (625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
| ||||||
10 | Sec. 7-201.2.
The Administrator, within 30 days after | ||||||
11 | compiling
sufficient information on a motor vehicle crash | ||||||
12 | accident , shall certify to the
Secretary of State the name of | ||||||
13 | each owner and the name of each operator of
any vehicle | ||||||
14 | involved in the crash accident , his determination that security | ||||||
15 | is
required under this Code, and the amount of the security. | ||||||
16 | The
Administrator also shall supply to the Secretary of State a | ||||||
17 | copy of any
crash accident report requested by the Secretary.
| ||||||
18 | The Administrator shall send a copy of the certification to | ||||||
19 | each person
whose name is certified. The copy, or an attachment | ||||||
20 | thereto, shall contain
in bold print an explanation that, | ||||||
21 | because the person did not furnish the
Department of | ||||||
22 | Transportation with evidence that he or she is insured or
| ||||||
23 | otherwise able to pay for damages resulting from the crash | ||||||
24 | accident , the person's
name has been forwarded to the Secretary | ||||||
25 | of State for possible suspension
of his or her driver's |
| |||||||
| |||||||
1 | license.
| ||||||
2 | (Source: P.A. 84-797.)
| ||||||
3 | (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
| ||||||
4 | Sec. 7-202. Exceptions to requirements of security. (a) The | ||||||
5 | requirements
as to security and suspension as provided by | ||||||
6 | Sections 7-201 and 7-205 shall not apply:
| ||||||
7 | 1. To the driver or owner if such owner had in effect at | ||||||
8 | the time of such
motor vehicle crash accident a liability | ||||||
9 | policy covering such driver and owner
with respect to the | ||||||
10 | vehicle involved in such motor vehicle crash
accident ;
| ||||||
11 | 2. To the driver, if not the owner of such vehicle, if | ||||||
12 | there
was in effect at the time of such motor vehicle crash | ||||||
13 | accident a liability policy
or bond with respect to the | ||||||
14 | operation of motor vehicles not owned by the driver;
| ||||||
15 | 3. To the driver or owner if the liability of such driver | ||||||
16 | or owner for
damages resulting from such motor vehicle crash | ||||||
17 | accident is covered by any other
form of liability insurance | ||||||
18 | policy or bond;
| ||||||
19 | 4. To the driver or owner, if such owner is qualified as a
| ||||||
20 | self-insurer as provided in Section 7-502;
| ||||||
21 | 5. To the owner if such owner at the time of such motor | ||||||
22 | vehicle crash accident
was in compliance with Section 8-101 or | ||||||
23 | Section 9-101;
| ||||||
24 | 6. To the driver or owner if such owner at the time of such | ||||||
25 | motor vehicle crash
accident was in compliance with the Federal |
| |||||||
| |||||||
1 | Revised Interstate Commerce Act
(P.L. 95-473), as now or | ||||||
2 | hereafter amended;
| ||||||
3 | 7. To the owner if the vehicle involved in such motor | ||||||
4 | vehicle crash accident
was owned by the United States, this | ||||||
5 | State or any political sub-division of
this State, any | ||||||
6 | municipality therein, or any local Mass Transit District;
| ||||||
7 | 8. To the driver or the owner of a vehicle involved in a | ||||||
8 | motor vehicle
crash accident wherein no injury or damage was | ||||||
9 | caused to the person or
property of any one other than such | ||||||
10 | driver or owner;
| ||||||
11 | 9. To the driver or the owner of a vehicle which at the | ||||||
12 | time of the motor
vehicle crash accident was parked, unless | ||||||
13 | such vehicle was parked at a place where
parking was at the | ||||||
14 | time of the crash accident prohibited under any applicable
law | ||||||
15 | or ordinance;
| ||||||
16 | 10. To the owner of a vehicle if at the time of the motor | ||||||
17 | vehicle crash accident
the vehicle was being operated without | ||||||
18 | his permission, express or implied,
or was parked by a person | ||||||
19 | who had been operating such motor
vehicle without such | ||||||
20 | permission;
| ||||||
21 | 11. To the driver, if not the owner, of a commercial motor | ||||||
22 | vehicle on
which there was no liability policy or bond with | ||||||
23 | respect to the
operation of such vehicle in effect at the time | ||||||
24 | of the motor vehicle crash accident
when the driver was | ||||||
25 | operating the vehicle in
the course of the driver's employment | ||||||
26 | and had
no actual knowledge of such lack of a liability policy |
| |||||||
| |||||||
1 | or bond prior to
the motor vehicle crash accident .
| ||||||
2 | (b) If at the time of the motor vehicle crash accident , an | ||||||
3 | owner or
driver is covered by a motor vehicle liability policy | ||||||
4 | or bond meeting the
requirements of this Code, such owner or | ||||||
5 | driver shall be exempt
from suspension under Section 7-205 as | ||||||
6 | to that motor vehicle crash accident ,
if the company issuing | ||||||
7 | the policy or bond has failed, and such policy or
bond was not | ||||||
8 | effective at the time of the motor vehicle crash accident or
| ||||||
9 | any time thereafter, provided, that the owner or driver had no | ||||||
10 | knowledge
of the company's failure prior to the motor vehicle | ||||||
11 | crash accident , and such
owner or driver has secured within 30 | ||||||
12 | days after learning of such failure
another liability policy or | ||||||
13 | bond meeting the requirements of the Code relating
to future | ||||||
14 | occurrences or motor vehicle crashes accidents .
| ||||||
15 | As used in this paragraph, the words "failed" or "failure"
| ||||||
16 | mean that the company has suspended operations by order of a | ||||||
17 | court.
| ||||||
18 | (Source: P.A. 85-293.)
| ||||||
19 | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
| ||||||
20 | Sec. 7-203. Requirements as to policy or bond. No such | ||||||
21 | policy or bond referred to in Section 7-202 shall
be effective | ||||||
22 | under this Section unless issued by an insurance company or
| ||||||
23 | surety company authorized to do business in this State, except | ||||||
24 | that if
such motor vehicle was not registered in this State, or | ||||||
25 | was a motor
vehicle which was registered elsewhere than in this |
| |||||||
| |||||||
1 | State at the
effective date of the policy or bond, or the most | ||||||
2 | recent renewal
thereof, such policy or bond shall not be | ||||||
3 | effective under this Section
unless the insurance company or | ||||||
4 | surety company, if not authorized to do
business in this State, | ||||||
5 | shall execute a power of attorney authorizing
the Secretary of | ||||||
6 | State to accept service on its behalf of notice or
process in | ||||||
7 | any action upon such policy or bond arising out of such
motor | ||||||
8 | vehicle crash accident . However, every such policy or bond is | ||||||
9 | subject, if
the motor vehicle crash accident has resulted in | ||||||
10 | bodily injury or death, to
a limit, exclusive of interest and | ||||||
11 | costs, of not less than $25,000 because of
bodily injury to or | ||||||
12 | death of any one person in any one motor vehicle
crash accident | ||||||
13 | and, subject to said limit for one person, to a limit of not | ||||||
14 | less than
$50,000 because of bodily injury to or death of 2 or | ||||||
15 | more persons
in any one motor vehicle crash accident , and, if | ||||||
16 | the motor vehicle crash accident
has resulted in injury to or | ||||||
17 | destruction of property, to a limit of not
less than $20,000 | ||||||
18 | because of injury to or destruction of
property of others
in | ||||||
19 | any one motor vehicle crash accident . The changes to this | ||||||
20 | Section made by this amendatory Act of the 98th General | ||||||
21 | Assembly apply only to policies issued or renewed on or after | ||||||
22 | January 1, 2015.
| ||||||
23 | Upon receipt of a written motor vehicle crash accident
| ||||||
24 | report from the Administrator the insurance company or surety | ||||||
25 | company
named in such notice shall notify the Administrator | ||||||
26 | within such time and
in such manner as the Administrator may |
| |||||||
| |||||||
1 | require, in case such policy or
bond was not in effect at the | ||||||
2 | time of such motor vehicle crash accident .
| ||||||
3 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
4 | (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
| ||||||
5 | Sec. 7-204. Form and amount of security - Definition.
| ||||||
6 | (A) Any security required to be deposited under this Act | ||||||
7 | shall be in
the form as the Secretary of State may require by | ||||||
8 | administrative rule, and
in the amounts as the
Administrator | ||||||
9 | may determine to be sufficient to satisfy any judgment or
| ||||||
10 | judgments for damages against an operator or owner but in no | ||||||
11 | case in excess
of the limits specified in Section 7-203 of this | ||||||
12 | Act in reference to the
acceptable limits of a policy or bond | ||||||
13 | nor for an amount less than $1,500 (or $500 if any of the | ||||||
14 | vehicles involved in the crash accident is subject to Section | ||||||
15 | 7-601 but is not covered by a liability insurance policy in | ||||||
16 | accordance with Section 7-601).
| ||||||
17 | (B) The person depositing security shall specify in writing | ||||||
18 | the person
or persons on whose behalf the deposit is made and, | ||||||
19 | while at any time the
deposit is in the custody of the | ||||||
20 | Secretary of State or State Treasurer, the
person depositing it | ||||||
21 | may, in writing, amend the specification of the person
or | ||||||
22 | persons on whose behalf the deposit is made to include an | ||||||
23 | additional
person or persons; provided, however, that a single | ||||||
24 | deposit of security
shall be applicable only on behalf of | ||||||
25 | persons, required to furnish security
because of the same crash |
| |||||||
| |||||||
1 | accident .
| ||||||
2 | (C) Within 10 days after any security required under the | ||||||
3 | provisions of
this Article is deposited with the Secretary of | ||||||
4 | State, the Secretary shall
send notice of the security deposit | ||||||
5 | to the following, if known:
| ||||||
6 | 1. To each owner and operator of any vehicle involved | ||||||
7 | in the crash accident
that sustained damage in excess of | ||||||
8 | $1,500 (or $500 if any of the vehicles involved in the | ||||||
9 | crash accident is subject to Section 7-601 but is not | ||||||
10 | covered by a liability insurance policy in accordance with | ||||||
11 | Section 7-601);
| ||||||
12 | 2. To any person who sustained damage to personal or | ||||||
13 | real property in
excess of $1,500 (or $500 if any of the | ||||||
14 | vehicles involved in the crash accident is subject to | ||||||
15 | Section 7-601 but is not covered by a liability insurance | ||||||
16 | policy in accordance with Section 7-601);
| ||||||
17 | 3. To any person who was injured as a result of the | ||||||
18 | crash accident ; and
| ||||||
19 | 4. To the estate of any person killed as a result of | ||||||
20 | the crash accident .
| ||||||
21 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
22 | (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
| ||||||
23 | Sec. 7-208. Agreements for payment of damages. (a) Any 2
or | ||||||
24 | more of the persons involved in
a motor vehicle crash accident | ||||||
25 | subject
to the provisions of Section 7-201 or their authorized |
| |||||||
| |||||||
1 | representatives,
may at any time enter into a
written agreement | ||||||
2 | for the payment of an agreed amount in installments, with
| ||||||
3 | respect to all claims for injuries or damages resulting from | ||||||
4 | the motor
vehicle crash accident .
| ||||||
5 | (b) The Secretary of State, to the extent provided by any
| ||||||
6 | such written agreement properly filed with him, shall not | ||||||
7 | require the
deposit of security and shall terminate any prior | ||||||
8 | order of suspension, or,
if security has
previously been | ||||||
9 | deposited, the Secretary of State shall immediately return
such | ||||||
10 | security to the depositor or an appropriate personal | ||||||
11 | representative.
| ||||||
12 | (c) In the event of a default in any payment under such | ||||||
13 | agreement
and upon notice of such default the Secretary of | ||||||
14 | State shall forthwith suspend
the driver's license and | ||||||
15 | registration, or nonresident's
operating privileges, of such | ||||||
16 | person in default which shall not be restored
unless and until:
| ||||||
17 | 1. Such person deposits and thereafter maintains | ||||||
18 | security
as required under Section 7-201 in such amount as | ||||||
19 | the Secretary of State
may then determine,
| ||||||
20 | 2. Two years have elapsed since the acceptance of the | ||||||
21 | notice of
default by the Secretary of State and
during such | ||||||
22 | period no action upon such agreement has been instituted in
| ||||||
23 | any court having jurisdiction, or
| ||||||
24 | 3. The person enters into a second written agreement | ||||||
25 | for the payment of an
agreed amount in installments with | ||||||
26 | respect to all claims for injuries or
damages resulting |
| |||||||
| |||||||
1 | from the motor vehicle crash accident .
| ||||||
2 | (Source: P.A. 90-774, eff. 8-14-98.)
| ||||||
3 | (625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
| ||||||
4 | Sec. 7-209. Payment upon judgment. The payment of a | ||||||
5 | judgment arising out
of a motor vehicle crash accident or the | ||||||
6 | payment upon such judgment
of an amount equal to the maximum | ||||||
7 | amount which could be required for deposit
under this Article | ||||||
8 | shall for the purposes of this Code be
deemed satisfied.
| ||||||
9 | (Source: P.A. 83-831.)
| ||||||
10 | (625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
| ||||||
11 | Sec. 7-211. Duration of suspension.
| ||||||
12 | (a) Unless a suspension is terminated
under other | ||||||
13 | provisions of this Code, the driver's license or registration
| ||||||
14 | and nonresident's operating privilege suspended as provided in | ||||||
15 | Section
7-205 shall remain suspended and shall not be renewed | ||||||
16 | nor shall any
license or registration be issued to the person | ||||||
17 | until:
| ||||||
18 | 1. The person deposits or there shall
be deposited and | ||||||
19 | filed on
the person's behalf the security required under | ||||||
20 | Section 7-201;
| ||||||
21 | 2. Two years have elapsed following the date the | ||||||
22 | driver's license
and registrations were suspended and | ||||||
23 | evidence satisfactory to the Secretary
of State that during | ||||||
24 | the period no action for damages arising
out of a
motor |
| |||||||
| |||||||
1 | vehicle crash accident has been properly filed;
| ||||||
2 | 3. Receipt of proper notice that the person has filed | ||||||
3 | bankruptcy which
would include all claims for personal | ||||||
4 | injury and property damage resulting
from the crash | ||||||
5 | accident ; or
| ||||||
6 | 4. After the expiration of 5 years from the date of the | ||||||
7 | crash accident , the
Secretary of State has not received | ||||||
8 | documentation that any action at law
for damages arising | ||||||
9 | out of the motor vehicle crash accident has been filed | ||||||
10 | against
the person.
| ||||||
11 | An affidavit that no action at law for damages arising
out | ||||||
12 | of the motor vehicle crash accident has been filed against the | ||||||
13 | applicant,
or if filed that it is not still pending shall be | ||||||
14 | prima facie evidence
of that fact. The Secretary of State may | ||||||
15 | take whatever steps are necessary
to verify the statement set | ||||||
16 | forth in the applicant's affidavit.
| ||||||
17 | (b) The driver's license or registration and nonresident's | ||||||
18 | operating
privileges suspended as provided in Section 7-205 | ||||||
19 | shall also remain suspended
and shall not be renewed nor shall | ||||||
20 | any license or registration be issued to the
person until the | ||||||
21 | person gives proof of his or her financial responsibility in
| ||||||
22 | the future as provided in Section 1-164.5. The proof is to be
| ||||||
23 | maintained by the
person in a manner satisfactory to the | ||||||
24 | Secretary of State for a period of 3
years after the date the | ||||||
25 | proof is first filed.
| ||||||
26 | (Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
| ||||||
2 | Sec. 7-212. Authority of Administrator and Secretary of | ||||||
3 | State to decrease
amount of
security. The Administrator may | ||||||
4 | reduce the amount of security ordered in any
case
within one | ||||||
5 | year after the date of the crash accident , but in no event for | ||||||
6 | an
amount less than $1,500 (or $500 if any of the vehicles | ||||||
7 | involved in the crash accident is subject to Section 7-601 but | ||||||
8 | is not covered by a liability insurance policy in accordance | ||||||
9 | with Section 7-601), if, in the judgment of the Administrator | ||||||
10 | the amount
ordered is excessive, or may revoke or rescind its | ||||||
11 | order requiring the
deposit of security in any case within one | ||||||
12 | year after the date of the
crash accident if, in the judgment | ||||||
13 | of the Administrator, the provisions of
Sections 7-202 and | ||||||
14 | 7-203 excuse or exempt the operator or owner from the
| ||||||
15 | requirement of the deposit. In case the security originally | ||||||
16 | ordered has
been deposited the excess of the reduced amount | ||||||
17 | ordered shall be returned
to the depositor or his or her | ||||||
18 | personal representative forthwith, notwithstanding
the | ||||||
19 | provisions of Section 7-214. The Secretary of State likewise | ||||||
20 | shall have
authority granted to the Administrator to reduce the | ||||||
21 | amount of security
ordered by the Administrator.
| ||||||
22 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
23 | (625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
| ||||||
24 | Sec. 7-214. Disposition of Security. Such security shall be |
| |||||||
| |||||||
1 | applicable only to the payment of a judgment or
judgments, | ||||||
2 | rendered against the person or persons on whose behalf the
| ||||||
3 | deposit was made, for damages arising out of the crash accident | ||||||
4 | in question, in
an action at law, begun not later than two | ||||||
5 | years after the later of
(i)
the date the driver's license and | ||||||
6 | registration were suspended
following the crash accident
or | ||||||
7 | (ii) the
date of any default in any payment under an | ||||||
8 | installment agreement for payment
of damages, and such deposit | ||||||
9 | or any balance thereof shall be returned to the
depositor or | ||||||
10 | his personal representative when evidence satisfactory to the
| ||||||
11 | Secretary of State has been filed with him:
| ||||||
12 | 1. that there has been a release from liability, or a | ||||||
13 | final adjudication
of non-liability; or
| ||||||
14 | 2. a duly acknowledged written agreement in accordance | ||||||
15 | with Section
7-208 of this Act; or
| ||||||
16 | 3. whenever after the expiration of two years after
the | ||||||
17 | later of
(i) the date
the driver's license and registration | ||||||
18 | were suspended
following the crash accident
or (ii) the | ||||||
19 | date of
any default in any payment under an installment | ||||||
20 | agreement for payment of
damages, the Secretary of State | ||||||
21 | shall be given reasonable evidence that
there is no such | ||||||
22 | action pending and no judgment rendered in such action
left | ||||||
23 | unpaid.
| ||||||
24 | If, after releasing security to a judgment debtor or | ||||||
25 | claimant, the balance of the security posted with the Secretary | ||||||
26 | is $5 or less, the balance shall be transferred to the General |
| |||||||
| |||||||
1 | Revenue Fund. The
Secretary shall compile a list of all | ||||||
2 | security amounts of $5 or less annually in July and shall | ||||||
3 | certify that amount to the State Comptroller. As soon as | ||||||
4 | possible after receiving the certification, the State | ||||||
5 | Comptroller shall order transferred and the State Treasurer | ||||||
6 | shall transfer the amount certified to the General Revenue | ||||||
7 | Fund. | ||||||
8 | (Source: P.A. 98-178, eff. 1-1-14.)
| ||||||
9 | (625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
| ||||||
10 | Sec. 7-216. Reciprocity; residents and nonresidents; | ||||||
11 | licensing of nonresidents. | ||||||
12 | (a) When
a nonresident's operating privilege is suspended
| ||||||
13 | pursuant to Section 7-205 the Secretary of State shall transmit | ||||||
14 | a certified
copy of the record of such action to the official | ||||||
15 | in charge of the issuance
of driver's license and registration | ||||||
16 | certificates in the state in which
such nonresident resides, if | ||||||
17 | the law of such other
state provides for action in relation | ||||||
18 | thereto similar to that provided for
in subsection (b).
| ||||||
19 | (b) Upon receipt of such certification that the operating
| ||||||
20 | privilege of a resident of this State has been suspended or | ||||||
21 | revoked in any such other
state pursuant to a law providing for | ||||||
22 | its suspension or revocation for
failure to deposit security | ||||||
23 | for the payment of judgments arising out of a
motor vehicle | ||||||
24 | crash accident , or for failure to deposit security under
| ||||||
25 | circumstances which would require the Secretary of State to |
| |||||||
| |||||||
1 | suspend a
nonresident's operating privilege had the motor
| ||||||
2 | vehicle crash accident occurred in this State, the Secretary of | ||||||
3 | State shall
suspend the driver's license of such resident and | ||||||
4 | all other registrations.
Such suspension shall continue until | ||||||
5 | such resident
furnishes evidence of compliance with the law of | ||||||
6 | such other state
relating to the deposit of such security.
| ||||||
7 | (c) In case the operator or the owner of a motor vehicle | ||||||
8 | involved
in a motor vehicle crash accident within this State | ||||||
9 | has no driver's
license or registration, such operator shall | ||||||
10 | not be allowed a
driver's license or registration until the | ||||||
11 | operator has complied
with the requirements of Sections 7-201 | ||||||
12 | through 7-216 to the same extent that would be
necessary if, at | ||||||
13 | the time of the motor vehicle crash accident , such operator
had | ||||||
14 | held a license and registration.
| ||||||
15 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
16 | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
| ||||||
17 | Sec. 7-303. Suspension of driver's licenses, registration
| ||||||
18 | certificates, license plates or digital license plates, and | ||||||
19 | registration stickers or digital registration stickers for | ||||||
20 | failure to satisfy
judgment. | ||||||
21 | (a) The Secretary of State shall, except as provided in | ||||||
22 | paragraph
(d), suspend the driver's license issued to any
| ||||||
23 | person upon receiving an authenticated report as hereinafter | ||||||
24 | provided for
in Section 7-307 that the
person has failed for a | ||||||
25 | period of 30 days to satisfy any final
judgment in amounts as |
| |||||||
| |||||||
1 | hereinafter stated, and shall also suspend the
registration | ||||||
2 | certificate, license plates or digital license plates, and | ||||||
3 | registration
sticker or digital registration sticker of the | ||||||
4 | judgment debtor's motor vehicle involved in the crash as | ||||||
5 | indicated in the authenticated report.
| ||||||
6 | (b) The term "judgment" shall mean: A final judgment of any | ||||||
7 | court of
competent jurisdiction of any State, against a person | ||||||
8 | as defendant for
damages on account of bodily injury to or | ||||||
9 | death of any person or damages to
property resulting from the | ||||||
10 | operation, on and after July 12, 1938, of any
motor vehicle.
| ||||||
11 | (c) The term "State" shall mean: Any State, Territory, or | ||||||
12 | possession of
the United States, the District of Columbia, or | ||||||
13 | any province of the
Dominion of Canada.
| ||||||
14 | (d) The Secretary of State shall not suspend the driver's
| ||||||
15 | license, registration certificates, registration stickers or | ||||||
16 | digital registration stickers, or license
plates or digital | ||||||
17 | license plates of the judgment debtor, nor shall such judgment | ||||||
18 | debtor be subject
to the suspension provisions of Sections | ||||||
19 | 7-308 and 7-309 if all the following
conditions are met:
| ||||||
20 | 1. At the time of the motor vehicle crash accident | ||||||
21 | which gave
rise to the unsatisfied
judgment the judgment | ||||||
22 | debtor was covered by a motor vehicle liability
policy or | ||||||
23 | bond meeting the requirements of this Chapter;
| ||||||
24 | 2. The insurance company which issued the policy or | ||||||
25 | bond has failed and
has suspended operations by order of a | ||||||
26 | court;
|
| |||||||
| |||||||
1 | 3. The judgment debtor had no knowledge of the | ||||||
2 | insurance company's
failure prior to the motor vehicle | ||||||
3 | crash accident ;
| ||||||
4 | 4. Within 30 days after learning of the insurance | ||||||
5 | company's failure the
judgment debtor secured another | ||||||
6 | liability policy or bond meeting the
requirements of this | ||||||
7 | Article relating to future occurrences or crashes | ||||||
8 | accidents ;
| ||||||
9 | 5. The insurance company which issued the motor vehicle | ||||||
10 | liability
policy or bond that covered the judgment debtor | ||||||
11 | at the time of the motor
vehicle crash accident is unable | ||||||
12 | to satisfy the judgment in the amounts specified
in Section | ||||||
13 | 7-311;
| ||||||
14 | 6. The judgment debtor presents to the Secretary of | ||||||
15 | State such
certified documents or other proofs as the | ||||||
16 | Secretary of State may require
that all of the conditions | ||||||
17 | set forth in this Section have been met.
| ||||||
18 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
19 | (625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
| ||||||
20 | Sec. 7-309. Suspension to continue until judgments paid and | ||||||
21 | proof given.
| ||||||
22 | (a) The suspension of such driver's license, license plates
| ||||||
23 | and registration stickers shall remain in effect and no other | ||||||
24 | vehicle shall
be registered in the name of such judgment | ||||||
25 | debtor, nor any new license issued
to such person (including |
| |||||||
| |||||||
1 | any such person not previously licensed), unless
and until the | ||||||
2 | Secretary of State receives authenticated documentation that
| ||||||
3 | such judgment is satisfied, or dormant as provided for in | ||||||
4 | Section 12-108 of
the Code of Civil Procedure, as now or | ||||||
5 | hereafter amended, or stayed by
court order, and the judgment | ||||||
6 | debtor gives proof of financial
responsibility, as hereinafter | ||||||
7 | provided. The Secretary of State may
terminate the suspension | ||||||
8 | of such person's driver's license,
license plates
and | ||||||
9 | registration stickers and no proof of financial responsibility | ||||||
10 | shall be
required on any existing suspensions under this | ||||||
11 | Article which are more than 20
years old.
| ||||||
12 | (b) Whenever, after one judgment is satisfied and proof of | ||||||
13 | financial
responsibility is given as herein required, another | ||||||
14 | such judgment is
rendered against the judgment debtor for any | ||||||
15 | motor vehicle crash accident
occurring prior to the date of the | ||||||
16 | giving of said proof and such person
fails to satisfy the | ||||||
17 | latter judgment within the amounts specified herein
within 30 | ||||||
18 | days after the same becomes final, then the Secretary of State
| ||||||
19 | shall again suspend the driver's license of such judgment | ||||||
20 | debtor and shall
again suspend the registration of any vehicle | ||||||
21 | registered in the name of
such judgment debtor as owner. Such | ||||||
22 | driver's license and registration
shall not be renewed nor | ||||||
23 | shall a driver's license and registration of any
vehicle be | ||||||
24 | issued to such judgment debtor while such latter judgment
| ||||||
25 | remains in effect and unsatisfied within the amount specified | ||||||
26 | herein.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
2 | (625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
| ||||||
3 | Sec. 7-310. Petition for discharge filed in bankruptcy. A
| ||||||
4 | petition for discharge filed in bankruptcy following the | ||||||
5 | rendering of any judgment shall
relieve the judgment debtor | ||||||
6 | from the requirements of this Chapter 7, except that the | ||||||
7 | judgment debtor's drivers license shall remain suspended and | ||||||
8 | may not be renewed, and the judgment debtor may not be issued a | ||||||
9 | license or registration, until the judgment debtor gives proof | ||||||
10 | of his or her financial responsibility in the future, as | ||||||
11 | provided in Section 1-164.5. The proof is to be maintained by | ||||||
12 | the judgment debtor, in a manner satisfactory to the Secretary | ||||||
13 | of State, for a period of 3 years after the date on which the | ||||||
14 | proof is first filed.
| ||||||
15 | A petition for discharge filed in bankruptcy of the owner
| ||||||
16 | or lessee of a commercial vehicle by whom the judgment debtor | ||||||
17 | is employed
at the time of the motor vehicle crash accident | ||||||
18 | that gives rise to the
judgment
also shall relieve the judgment | ||||||
19 | debtor so employed from any of the
requirements of this Chapter | ||||||
20 | 7 if the discharge of the owner or lessee
follows the rendering | ||||||
21 | of the judgment and if the judgment debtor
so employed
was | ||||||
22 | operating the commercial vehicle in connection with his or her
| ||||||
23 | regular employment or occupation at the time of the crash | ||||||
24 | accident .
This amendatory
act of 1985 applies to all cases | ||||||
25 | irrespective of whether the crash accident
giving rise to the |
| |||||||
| |||||||
1 | suspension of license or registration occurred before,
on, or | ||||||
2 | after its effective date.
| ||||||
3 | (Source: P.A. 93-982, eff. 1-1-05.)
| ||||||
4 | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| ||||||
5 | Sec. 7-311. Payments sufficient to satisfy requirements. | ||||||
6 | (a) Judgments herein referred to arising out of motor | ||||||
7 | vehicle crashes accidents
occurring on or after January 1, 2015 | ||||||
8 | (the effective date of Public Act 98-519) shall for the purpose | ||||||
9 | of this
Chapter be deemed satisfied:
| ||||||
10 | 1. when $25,000 has been credited upon any judgment or | ||||||
11 | judgments
rendered in excess of that amount for bodily | ||||||
12 | injury to or the death of
one person as the result of any | ||||||
13 | one motor vehicle crash accident ; or
| ||||||
14 | 2. when, subject to said limit of $25,000 as to any one | ||||||
15 | person, the sum
of $50,000 has been credited upon any | ||||||
16 | judgment or judgments rendered
in excess of that amount for | ||||||
17 | bodily injury to or the death of more than
one person as | ||||||
18 | the result of any one motor vehicle crash accident ; or
| ||||||
19 | 3. when $20,000 has been credited upon any judgment or | ||||||
20 | judgments,
rendered in excess of that amount for damages to | ||||||
21 | property of others as a
result of any one motor vehicle | ||||||
22 | crash accident .
| ||||||
23 | The changes to this subsection made by Public Act 98-519 | ||||||
24 | apply only to policies issued or renewed on or after January 1, | ||||||
25 | 2015. |
| |||||||
| |||||||
1 | (b) Credit for such amounts shall be deemed a satisfaction | ||||||
2 | of any such
judgment or judgments in excess of said amounts | ||||||
3 | only for the purposes of
this Chapter.
| ||||||
4 | (c) Whenever payment has been made in settlement of any | ||||||
5 | claim for bodily
injury, death, or property damage arising from | ||||||
6 | a motor vehicle crash accident
resulting in injury, death, or | ||||||
7 | property damage to two or more persons in
such crash accident , | ||||||
8 | any such payment shall be credited in reduction of the
amounts | ||||||
9 | provided for in this Section.
| ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
| ||||||
11 | (625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
| ||||||
12 | Sec. 7-316.
Certificate furnished by nonresident
as proof. | ||||||
13 | Any nonresident owner of a motor vehicle
not registered in this | ||||||
14 | State may give proof of financial responsibility
by filing with | ||||||
15 | the Secretary of State a certificate or certificates of an
| ||||||
16 | insurance carrier authorized to transact business in the state | ||||||
17 | or province
of the Dominion of Canada in
which the motor | ||||||
18 | vehicle or motor vehicles described in such certificate
are | ||||||
19 | registered, or if such nonresident does
not own a motor vehicle | ||||||
20 | then in the state or province of the Dominion of
Canada in | ||||||
21 | which the insured resides, and otherwise conforming to the | ||||||
22 | provisions
of this Code, and the Secretary of State shall | ||||||
23 | accept the same
if such carrier shall:
| ||||||
24 | 1. Execute a power of attorney authorizing the Secretary of | ||||||
25 | State to accept
service on its behalf of notice of process in |
| |||||||
| |||||||
1 | any action arising out
of a motor vehicle crash accident in | ||||||
2 | this State;
| ||||||
3 | 2. Duly adopt a resolution which shall be binding upon it | ||||||
4 | declaring that
its policies shall be deemed to be varied to | ||||||
5 | comply with the laws of this
State relating to the terms of | ||||||
6 | motor vehicle liability policies as required
by Section 7-317; | ||||||
7 | and
| ||||||
8 | 3. Agree to accept as final and binding any final judgment | ||||||
9 | duly rendered
in any action arising out of a motor vehicle | ||||||
10 | crash accident in any court of
competent jurisdiction in this | ||||||
11 | State.
| ||||||
12 | (Source: P.A. 83-831.)
| ||||||
13 | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
| ||||||
14 | Sec. 7-317. "Motor vehicle liability policy" defined. | ||||||
15 | (a)
Certification. -A "motor vehicle liability policy", as | ||||||
16 | that term is
used in this Act, means an "owner's policy" or an | ||||||
17 | "operator's policy" of
liability insurance, certified as | ||||||
18 | provided in Section 7-315 or Section
7-316 as proof of | ||||||
19 | financial responsibility for the future, and issued,
except as | ||||||
20 | otherwise provided in Section 7-316, by an insurance carrier
| ||||||
21 | duly authorized to transact business in this State, to or for | ||||||
22 | the
benefit of the person named therein as insured.
| ||||||
23 | (b) Owner's Policy. --Such owner's policy of liability | ||||||
24 | insurance:
| ||||||
25 | 1. Shall designate by explicit description or by |
| |||||||
| |||||||
1 | appropriate
reference, all motor vehicles with respect to | ||||||
2 | which coverage is thereby
intended to be granted;
| ||||||
3 | 2. Shall insure the person named therein and any other | ||||||
4 | person using
or responsible for the use of such motor | ||||||
5 | vehicle or vehicles with the
express or implied permission | ||||||
6 | of the insured;
| ||||||
7 | 3. Shall insure every named insured and any other | ||||||
8 | person using or
responsible for the use of any motor | ||||||
9 | vehicle owned by the named insured
and used by such other | ||||||
10 | person with the express or implied permission of
the named | ||||||
11 | insured on account of the maintenance, use or operation of | ||||||
12 | any
motor vehicle owned by the named insured, within the | ||||||
13 | continental limits
of the United States or the Dominion of | ||||||
14 | Canada against loss from
liability imposed by law arising | ||||||
15 | from such maintenance, use or
operation, to the extent and | ||||||
16 | aggregate amount, exclusive of interest and
cost, with | ||||||
17 | respect to each motor vehicle, of $25,000 for bodily injury
| ||||||
18 | to or death of one person as a result of any one crash | ||||||
19 | accident and, subject
to such limit as to one person, the | ||||||
20 | amount of $50,000 for bodily injury
to or death of all | ||||||
21 | persons as a result of any one crash accident and the
| ||||||
22 | amount of $20,000 for damage to property of others as a | ||||||
23 | result of any
one crash accident . The changes to this | ||||||
24 | paragraph made by this amendatory Act of the 98th General | ||||||
25 | Assembly apply only to policies issued or renewed on or | ||||||
26 | after January 1, 2015.
|
| |||||||
| |||||||
1 | (c) Operator's Policy. --When an operator's policy is | ||||||
2 | required, it
shall insure the person named therein as insured | ||||||
3 | against the liability
imposed by law upon the insured for | ||||||
4 | bodily injury to or death of any
person or damage to property | ||||||
5 | to the amounts and limits above set forth
and growing out of | ||||||
6 | the use or operation by the insured within the
continental | ||||||
7 | limits of the United States or the Dominion of Canada of any
| ||||||
8 | motor vehicle not owned by him.
| ||||||
9 | (d) Required Statements in Policies. --Every motor vehicle | ||||||
10 | liability
policy must specify the name and address of the | ||||||
11 | insured, the coverage
afforded by the policy, the premium | ||||||
12 | charged therefor, the policy period,
and the limits of | ||||||
13 | liability, and shall contain an agreement that the
insurance | ||||||
14 | thereunder is provided in accordance with the coverage defined
| ||||||
15 | in this Act, as respects bodily injury and death or property | ||||||
16 | damage or
both, and is subject to all the provisions of this | ||||||
17 | Act.
| ||||||
18 | (e) Policy Need Not Insure Workers' Compensation. --Any | ||||||
19 | liability
policy or policies issued hereunder need not cover | ||||||
20 | any liability of the
insured assumed by or imposed upon the | ||||||
21 | insured under any workers'
compensation law nor any liability | ||||||
22 | for damage to property in charge of
the insured or the | ||||||
23 | insured's employees.
| ||||||
24 | (f) Provisions Incorporated in Policy. --Every motor | ||||||
25 | vehicle
liability policy is subject to the following provisions | ||||||
26 | which need not
be contained therein:
|
| |||||||
| |||||||
1 | 1. The liability of the insurance carrier under any | ||||||
2 | such policy
shall become absolute whenever loss or damage | ||||||
3 | covered by the policy
occurs and the satisfaction by the | ||||||
4 | insured of a final judgment for such
loss or damage shall | ||||||
5 | not be a condition precedent to the right or
obligation of | ||||||
6 | the carrier to make payment on account of such loss or
| ||||||
7 | damage.
| ||||||
8 | 2. No such policy may be cancelled or annulled as | ||||||
9 | respects any loss
or damage, by any agreement between the | ||||||
10 | carrier and the insured after
the insured has become | ||||||
11 | responsible for such loss or damage, and any such
| ||||||
12 | cancellation or annulment shall be void.
| ||||||
13 | 3. The insurance carrier shall, however, have the right | ||||||
14 | to settle
any claim covered by the policy, and if such | ||||||
15 | settlement is made in good
faith, the amount thereof shall | ||||||
16 | be deductible from the limits of
liability specified in the | ||||||
17 | policy.
| ||||||
18 | 4. The policy, the written application therefor, if | ||||||
19 | any, and any
rider or endorsement which shall not conflict | ||||||
20 | with the provisions of
this Act shall constitute the entire | ||||||
21 | contract between the parties.
| ||||||
22 | (g) Excess or Additional Coverage. --Any motor vehicle | ||||||
23 | liability
policy may, however, grant any lawful coverage in | ||||||
24 | excess of or in
addition to the coverage herein specified or | ||||||
25 | contain any agreements,
provisions, or stipulations not in | ||||||
26 | conflict with the provisions of this
Act and not otherwise |
| |||||||
| |||||||
1 | contrary to law.
| ||||||
2 | (h) Reimbursement Provision Permitted. --The policy may | ||||||
3 | provide that
the insured, or any other person covered by the | ||||||
4 | policy shall reimburse
the insurance carrier for payment made | ||||||
5 | on account of any loss or damage
claim or suit involving a | ||||||
6 | breach of the terms, provisions or conditions
of the policy; | ||||||
7 | and further, if the policy shall provide for limits in
excess | ||||||
8 | of the limits specified in this Act, the insurance carrier may
| ||||||
9 | plead against any plaintiff, with respect to the amount of such | ||||||
10 | excess
limits of liability, any defense which it may be | ||||||
11 | entitled to plead
against the insured.
| ||||||
12 | (i) Proration of Insurance Permitted. --The policy may | ||||||
13 | provide for
the pro-rating of the insurance thereunder with | ||||||
14 | other applicable valid
and collectible insurance.
| ||||||
15 | (j) Binders. --Any binder pending the issuance of any | ||||||
16 | policy, which
binder contains or by reference includes the | ||||||
17 | provisions hereunder shall
be sufficient proof of ability to | ||||||
18 | respond in damages.
| ||||||
19 | (k) Copy of Policy to Be Filed with Department of
| ||||||
20 | Insurance--Approval. --A copy of the form of every motor | ||||||
21 | vehicle
liability policy which is to be used to meet the | ||||||
22 | requirements of this
Act must be filed, by the company offering | ||||||
23 | such policy, with the
Department of Insurance, which shall | ||||||
24 | approve or disapprove the policy
within 30 days of its filing. | ||||||
25 | If the Department approves the policy in
writing within such 30 | ||||||
26 | day period or fails to take action for 30 days,
the form of |
| |||||||
| |||||||
1 | policy shall be deemed approved as filed. If within the 30
days | ||||||
2 | the Department disapproves the form of policy filed upon the | ||||||
3 | ground
that it does not comply with the requirements of this | ||||||
4 | Act, the
Department shall give written notice of its decision | ||||||
5 | and its reasons
therefor to the carrier and the policy shall | ||||||
6 | not be accepted as proof of
financial responsibility under this | ||||||
7 | Act.
| ||||||
8 | (l) Insurance Carrier Required to File Certificate. --An | ||||||
9 | insurance
carrier who has issued a motor vehicle liability | ||||||
10 | policy or policies or
an operator's policy meeting the | ||||||
11 | requirements of this Act shall, upon
the request of the insured | ||||||
12 | therein, deliver to the insured for filing,
or at the request | ||||||
13 | of the insured, shall file direct, with the Secretary
of State | ||||||
14 | a certificate, as required by this Act, which shows that such
| ||||||
15 | policy or policies have been issued. No insurance carrier may | ||||||
16 | require
the payment of any extra fee or surcharge, in addition | ||||||
17 | to the insurance
premium, for the execution, delivery or filing | ||||||
18 | of such certificate.
| ||||||
19 | (m) Proof When Made By Endorsement. --Any motor vehicle | ||||||
20 | liability
policy which by endorsement contains the provisions | ||||||
21 | required hereunder
shall be sufficient proof of ability to | ||||||
22 | respond in damages.
| ||||||
23 | (Source: P.A. 98-519, eff. 1-1-15 .)
| ||||||
24 | (625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
| ||||||
25 | Sec. 7-328. Duration of proof - When proof may be canceled |
| |||||||
| |||||||
1 | or returned.
The Secretary of State shall upon request cancel | ||||||
2 | any bond or return any
certificate of insurance, or the | ||||||
3 | Secretary of State shall direct and the
State Treasurer shall | ||||||
4 | return to the person entitled thereto any money or
securities, | ||||||
5 | deposited pursuant to this Chapter as proof of financial
| ||||||
6 | responsibility or waive the requirements of filing proof of | ||||||
7 | financial
responsibility in any of the following events:
| ||||||
8 | 1. In the event of the death of the person on whose behalf | ||||||
9 | such proof
was filed, or the permanent incapacity of such | ||||||
10 | person to operate a motor
vehicle;
| ||||||
11 | 2. In the event the person who has given proof of financial
| ||||||
12 | responsibility surrenders such person's driver's
license, | ||||||
13 | registration
certificates, license plates and registration | ||||||
14 | stickers, but the Secretary
of State shall not release such | ||||||
15 | proof in the event any action for damages
upon a liability | ||||||
16 | referred to in this Article is then pending
or any judgment | ||||||
17 | upon any such liability is then outstanding and unsatisfied
or | ||||||
18 | in the event the Secretary of State has received notice that | ||||||
19 | such person
has, within the period of 3 months immediately | ||||||
20 | preceding,
been involved as a driver in any motor vehicle crash | ||||||
21 | accident . An affidavit of
the applicant of the nonexistence of | ||||||
22 | such facts shall
be sufficient evidence thereof in the absence | ||||||
23 | of evidence to the contrary
in the records of the Secretary of | ||||||
24 | State. Any person who has
not completed the required 3 year | ||||||
25 | period of proof of financial
responsibility pursuant to Section | ||||||
26 | 7-304, and to whom proof
has been surrendered as provided in |
| |||||||
| |||||||
1 | this paragraph applies for a driver's
license or the
| ||||||
2 | registration of a motor vehicle shall have the application | ||||||
3 | denied
unless the applicant re-establishes
such proof for the | ||||||
4 | remainder of such period.
| ||||||
5 | 3. In the event that proof of financial responsibility has | ||||||
6 | been
deposited voluntarily, at any time upon request of the | ||||||
7 | person entitled
thereto, provided that the person on whose | ||||||
8 | behalf such proof was given has
not, during the period between | ||||||
9 | the date of the original deposit thereof and
the date of such | ||||||
10 | request, been convicted of any offense for which
revocation is | ||||||
11 | mandatory as provided in Section 6-205; provided, further,
that | ||||||
12 | no action for damages is pending against such person on whose | ||||||
13 | behalf
such proof of financial responsibility was furnished and | ||||||
14 | no judgment
against such person is outstanding and unsatisfied | ||||||
15 | in respect to bodily
injury, or in respect to damage to | ||||||
16 | property resulting from the ownership,
maintenance, use or | ||||||
17 | operation hereafter of a motor vehicle. An affidavit
of the | ||||||
18 | applicant under this Section shall be sufficient evidence of | ||||||
19 | the facts
in the absence of evidence to the contrary in the | ||||||
20 | records of the Secretary
of State.
| ||||||
21 | (Source: P.A. 85-321.)
| ||||||
22 | (625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
| ||||||
23 | Sec. 7-329. Proof of financial responsibility made | ||||||
24 | voluntarily.
1. Proof of financial responsibility may be | ||||||
25 | voluntarily by or on behalf
of any person. The privilege of |
| |||||||
| |||||||
1 | operation of any motor vehicle within this
State by such person | ||||||
2 | shall not be suspended or withdrawn under the
provisions of | ||||||
3 | this Article if such proof of financial responsibility
has been | ||||||
4 | voluntarily filed or deposited prior to the offense or crash | ||||||
5 | accident
out of which any conviction, judgment, or order arises | ||||||
6 | and if such proof, at the
date of such conviction, judgment, or | ||||||
7 | order, is valid and sufficient for
the requirements of this | ||||||
8 | Code.
| ||||||
9 | 2. If the Secretary of State receives record of any | ||||||
10 | conviction or
judgment against such person which, in the | ||||||
11 | absence of such proof of
financial responsibility would have | ||||||
12 | caused the suspension of the driver's
license of such person, | ||||||
13 | the Secretary of State shall forthwith
notify the insurer or | ||||||
14 | surety of such person of the conviction or judgment so | ||||||
15 | reported.
| ||||||
16 | (Source: P.A. 83-831.)
| ||||||
17 | (625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
| ||||||
18 | Sec. 7-502. Self-insurers. Any person in whose name more | ||||||
19 | than 25 motor vehicles are registered may
qualify as a | ||||||
20 | self-insurer by obtaining a certificate of self-insurance
| ||||||
21 | issued by the Director of the Department of Insurance as | ||||||
22 | provided in this Section.
| ||||||
23 | The Director may, in his discretion, upon the application | ||||||
24 | of
such a person, issue a certificate of self-insurance when he | ||||||
25 | is satisfied
that such person is possessed and will continue to |
| |||||||
| |||||||
1 | be possessed of ability
to pay judgment obtained against such | ||||||
2 | person.
| ||||||
3 | Upon not less than 5 days' notice, and a hearing pursuant | ||||||
4 | to such
notice, the Director may upon reasonable grounds cancel | ||||||
5 | a
certificate of self-insurance. Failure to pay any judgment | ||||||
6 | against any
person covered by such certificate of | ||||||
7 | self-insurance and arising out of any
crash accident in which a | ||||||
8 | motor vehicle covered by such certificate of
self-insurance has | ||||||
9 | been involved within 30 days after such judgment shall
have | ||||||
10 | become final shall constitute a reasonable ground for the | ||||||
11 | cancellation
of a certificate of self-insurance.
| ||||||
12 | (Source: P.A. 82-138.)
| ||||||
13 | (625 ILCS 5/7-504)
| ||||||
14 | Sec. 7-504. Emergency telephone system outages; | ||||||
15 | reimbursement. Any person
who negligently causes a motor | ||||||
16 | vehicle crash accident that causes an emergency
telephone | ||||||
17 | system outage must reimburse the public safety agency that | ||||||
18 | provides
personnel to answer calls or to maintain or operate an | ||||||
19 | emergency telephone
system during the outage for the agency's | ||||||
20 | costs associated with answering calls
or maintaining or | ||||||
21 | operating the system during the outage. For the purposes of
| ||||||
22 | this Section, "public safety agency" means the same as in | ||||||
23 | Section 2.02 of the
Emergency Telephone System Act.
| ||||||
24 | (Source: P.A. 92-149, eff. 1-1-02.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
| ||||||
2 | Sec. 7-604. Verification of liability insurance policy.
| ||||||
3 | (a) The Secretary of State may select random samples
of | ||||||
4 | registrations of motor vehicles subject to Section 7-601 of | ||||||
5 | this Code,
or owners thereof, for the purpose of verifying | ||||||
6 | whether or not the motor
vehicles are insured.
| ||||||
7 | In addition to such general random samples of motor vehicle
| ||||||
8 | registrations, the Secretary may select for
verification other | ||||||
9 | random samples, including, but not limited to
registrations of | ||||||
10 | motor vehicles owned by persons:
| ||||||
11 | (1) whose motor vehicle registrations during the | ||||||
12 | preceding 4 years have
been suspended pursuant to Section | ||||||
13 | 7-606 or 7-607 of this Code;
| ||||||
14 | (2) who during the preceding 4 years have been | ||||||
15 | convicted of violating
Section 3-707, 3-708, or 3-710 of | ||||||
16 | this Code while operating vehicles
owned by other persons;
| ||||||
17 | (3) whose driving privileges have been suspended | ||||||
18 | during the preceding 4
years;
| ||||||
19 | (4) who during the preceding 4 years acquired ownership | ||||||
20 | of motor
vehicles while the registrations of such vehicles | ||||||
21 | under the previous owners
were suspended pursuant to | ||||||
22 | Section 7-606 or 7-607 of this Code; or
| ||||||
23 | (5) who during the preceding 4 years have received a | ||||||
24 | disposition of
supervision under subsection (c) of Section | ||||||
25 | 5-6-1 of the Unified Code of
Corrections for a violation of | ||||||
26 | Section 3-707, 3-708, or 3-710 of this Code.
|
| |||||||
| |||||||
1 | (b) Upon receiving certification from the Department of | ||||||
2 | Transportation
under Section 7-201.2 of this Code of the name | ||||||
3 | of an owner or operator of any
motor vehicle involved in a | ||||||
4 | crash an accident , the Secretary may verify whether or
not at | ||||||
5 | the time of the crash accident such motor vehicle was covered | ||||||
6 | by a
liability insurance policy in accordance with Section | ||||||
7 | 7-601 of this Code.
| ||||||
8 | (c) In preparation for selection of random samples and | ||||||
9 | their
verification, the Secretary may send to owners of | ||||||
10 | randomly selected motor
vehicles, or to randomly selected motor | ||||||
11 | vehicle owners, requests for
information about their motor | ||||||
12 | vehicles and liability
insurance coverage electronically or, | ||||||
13 | if electronic means are unavailable, via U.S. mail. The request | ||||||
14 | shall require the owner to state whether
or not the motor | ||||||
15 | vehicle was insured on the verification date stated in the
| ||||||
16 | Secretary's request and the request may require, but is not | ||||||
17 | limited to,
a statement by the owner of the names and addresses | ||||||
18 | of insurers, policy
numbers, and expiration dates of insurance | ||||||
19 | coverage.
| ||||||
20 | (d) Within 30 days after the Secretary sends a request | ||||||
21 | under subsection (c) of this Section, the owner to
whom it is | ||||||
22 | sent shall furnish the requested information to the Secretary
| ||||||
23 | above the owner's signed affirmation that such information is | ||||||
24 | true and
correct. Proof of insurance in effect on the | ||||||
25 | verification date, as
prescribed by the Secretary, may be | ||||||
26 | considered by the Secretary to be a
satisfactory response to |
| |||||||
| |||||||
1 | the request for information.
| ||||||
2 | Any owner whose response indicates that his or her vehicle | ||||||
3 | was
not covered by a liability insurance policy in accordance | ||||||
4 | with
Section 7-601 of this Code shall be deemed to have | ||||||
5 | registered or maintained
registration of a motor vehicle in | ||||||
6 | violation of that Section. Any owner who
fails to respond to | ||||||
7 | such a request shall be deemed to have registered or
maintained | ||||||
8 | registration of a motor vehicle in violation of Section
7-601 | ||||||
9 | of this Code.
| ||||||
10 | (e) If the owner responds to the request for information by | ||||||
11 | asserting
that his or her vehicle was covered by a liability | ||||||
12 | insurance policy on the
verification date stated in the | ||||||
13 | Secretary's request, the Secretary may
conduct a verification | ||||||
14 | of the response by furnishing necessary information
to the | ||||||
15 | insurer named in the response. The insurer shall within
45 days
| ||||||
16 | inform the Secretary whether or not on the verification date | ||||||
17 | stated the
motor vehicle was insured by the insurer in | ||||||
18 | accordance with Section 7-601
of this Code. The Secretary may | ||||||
19 | by rule and regulation prescribe the
procedures for | ||||||
20 | verification.
| ||||||
21 | (f) No random sample selected under this Section shall be | ||||||
22 | 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 | (g) (Blank). | ||||||
26 | (h) This Section shall be inoperative upon the effective |
| |||||||
| |||||||
1 | date of the rules adopted by the Secretary to implement Section | ||||||
2 | 7-603.5 of this Code. | ||||||
3 | (Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A. | ||||||
4 | 99-483 for the effective date of changes made by P.A. 99-333); | ||||||
5 | 99-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff. | ||||||
6 | 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
7 | (625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
| ||||||
8 | Sec. 9-105. Insurance policy as proof - requirements. A | ||||||
9 | motor vehicle liability policy in a solvent and responsible | ||||||
10 | company,
authorized to do business in the State of Illinois, | ||||||
11 | providing that the
insurance carrier will pay any judgment | ||||||
12 | within 30 days after it becomes
final, recovered against the | ||||||
13 | customer or against any person operating the
motor vehicle with | ||||||
14 | the customer's express or implied consent, for damage to
| ||||||
15 | property other than to the rented motor vehicles, or for an | ||||||
16 | injury to or
for the death of any person, including an occupant | ||||||
17 | of the rented motor
vehicle, resulting from the operation of | ||||||
18 | the motor vehicle shall serve as
proof of financial | ||||||
19 | responsibility; provided
however, every such policy provides | ||||||
20 | insurance insuring the operator of the
rented motor vehicle | ||||||
21 | against liability upon such insured to a minimum
amount of | ||||||
22 | $50,000 because of bodily injury to, or death of any
one person | ||||||
23 | or damage to
property and $100,000 because of bodily
injury to | ||||||
24 | or death of 2 or more persons in any one
motor vehicle crash | ||||||
25 | accident .
|
| |||||||
| |||||||
1 | (Source: P.A. 86-880.)
| ||||||
2 | (625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
| ||||||
3 | Sec. 10-201. Liability for bodily injury to or death of | ||||||
4 | guest.
| ||||||
5 | No person riding in or upon a motor vehicle or motorcycle | ||||||
6 | as a guest
without payment for such ride and who has solicited | ||||||
7 | such ride in violation
of Subsection (a) of Section 11-1006 of | ||||||
8 | this Act, nor his personal
representative in the event of the | ||||||
9 | death of such guest, shall have a cause
of action for damages | ||||||
10 | against the driver or operator of such motor vehicle
or | ||||||
11 | motorcycle, or its owner or his employee or agent for injury, | ||||||
12 | death or
loss, in case of a crash accident , unless such crash | ||||||
13 | accident has been caused by the
willful and wanton misconduct | ||||||
14 | of the driver or operator of such motor
vehicle or motorcycle | ||||||
15 | or its owner or his employee or agent and unless such
willful | ||||||
16 | and wanton misconduct contributed to the injury, death or loss | ||||||
17 | for
which the action is brought.
| ||||||
18 | Nothing contained in this section relieves a motor vehicle | ||||||
19 | or motorcycle
carrier of passengers for hire of responsibility | ||||||
20 | for injury or death
sustained by any passenger for hire.
| ||||||
21 | This amendatory Act of 1971 shall apply only to causes of | ||||||
22 | action arising
from crashes accidents occurring after its | ||||||
23 | effective date.
| ||||||
24 | (Source: P.A. 77-1482.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-208.6)
| ||||||
2 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
3 | (a) As used in this Section, "automated traffic law | ||||||
4 | enforcement
system" means a device with one or more motor | ||||||
5 | vehicle sensors working
in conjunction with a red light signal | ||||||
6 | to produce recorded images of
motor vehicles entering an | ||||||
7 | intersection against a red signal
indication in violation of | ||||||
8 | Section 11-306 of this Code or a similar provision
of a local | ||||||
9 | ordinance.
| ||||||
10 | An
automated traffic law enforcement system is a system, in | ||||||
11 | a municipality or
county operated by a
governmental agency, | ||||||
12 | that
produces a recorded image of a motor vehicle's
violation | ||||||
13 | of a provision of this Code or a local ordinance
and is | ||||||
14 | designed to obtain a clear recorded image of the
vehicle and | ||||||
15 | the vehicle's license plate. The recorded image must also
| ||||||
16 | display the time, date, and location of the violation.
| ||||||
17 | (b) As used in this Section, "recorded images" means images
| ||||||
18 | recorded by an automated traffic law enforcement system on:
| ||||||
19 | (1) 2 or more photographs;
| ||||||
20 | (2) 2 or more microphotographs;
| ||||||
21 | (3) 2 or more electronic images; or
| ||||||
22 | (4) a video recording showing the motor vehicle and, on | ||||||
23 | at
least one image or portion of the recording, clearly | ||||||
24 | identifying the
registration plate or digital registration | ||||||
25 | plate number of the motor vehicle.
| ||||||
26 | (b-5) A municipality or
county that
produces a recorded |
| |||||||
| |||||||
1 | image of a motor vehicle's
violation of a provision of this | ||||||
2 | Code or a local ordinance must make the recorded images of a | ||||||
3 | violation accessible to the alleged violator by providing the | ||||||
4 | alleged violator with a website address, accessible through the | ||||||
5 | Internet. | ||||||
6 | (c) Except as provided under Section 11-208.8 of this Code, | ||||||
7 | a county or municipality, including a home rule county or | ||||||
8 | municipality, may not use an automated traffic law enforcement | ||||||
9 | system to provide recorded images of a motor vehicle for the | ||||||
10 | purpose of recording its speed. Except as provided under | ||||||
11 | Section 11-208.8 of this Code, the regulation of the use of | ||||||
12 | automated traffic law enforcement systems to record vehicle | ||||||
13 | speeds is an exclusive power and function of the State. This | ||||||
14 | subsection (c) is a denial and limitation of home rule powers | ||||||
15 | and functions under subsection (h) of Section 6 of Article VII | ||||||
16 | of the Illinois Constitution.
| ||||||
17 | (c-5) A county or municipality, including a home rule | ||||||
18 | county or municipality, may not use an automated traffic law | ||||||
19 | enforcement system to issue violations in instances where the | ||||||
20 | motor vehicle comes to a complete stop and does not enter the | ||||||
21 | intersection, as defined by Section 1-132 of this Code, during | ||||||
22 | the cycle of the red signal indication unless one or more | ||||||
23 | pedestrians or bicyclists are present, even if the motor | ||||||
24 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
25 | driver is required to stop, as specified in subsection (c) of | ||||||
26 | Section 11-306 of this Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance. | ||||||
2 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
3 | inhabitants, including a home rule county or municipality, may | ||||||
4 | not use an automated traffic law enforcement system to issue | ||||||
5 | violations in instances where a motorcyclist enters an | ||||||
6 | intersection against a red signal
indication when the red | ||||||
7 | signal fails to change to a green signal within a reasonable | ||||||
8 | period of time not less than 120 seconds because of a signal | ||||||
9 | malfunction or because the signal has failed to detect the | ||||||
10 | arrival of the motorcycle due to the motorcycle's size or | ||||||
11 | weight. | ||||||
12 | (d) For each violation of a provision of this Code or a | ||||||
13 | local ordinance
recorded by an automatic
traffic law | ||||||
14 | enforcement system, the county or municipality having
| ||||||
15 | jurisdiction shall issue a written notice of the
violation to | ||||||
16 | the registered owner of the vehicle as the alleged
violator. | ||||||
17 | The notice shall be delivered to the registered
owner of the | ||||||
18 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner of the vehicle, but in no event later than 90 days after | ||||||
21 | the violation.
| ||||||
22 | The notice shall include:
| ||||||
23 | (1) the name and address of the registered owner of the
| ||||||
24 | vehicle;
| ||||||
25 | (2) the registration number of the motor vehicle
| ||||||
26 | involved in the violation;
|
| |||||||
| |||||||
1 | (3) the violation charged;
| ||||||
2 | (4) the location where the violation occurred;
| ||||||
3 | (5) the date and time of the violation;
| ||||||
4 | (6) a copy of the recorded images;
| ||||||
5 | (7) the amount of the civil penalty imposed and the | ||||||
6 | requirements of any traffic education program imposed and | ||||||
7 | the date
by which the civil penalty should be paid and the | ||||||
8 | traffic education program should be completed;
| ||||||
9 | (8) a statement that recorded images are evidence of a
| ||||||
10 | violation of a red light signal;
| ||||||
11 | (9) a warning that failure to pay the civil penalty, to | ||||||
12 | complete a required traffic education program, or to
| ||||||
13 | contest liability in a timely manner is an admission of
| ||||||
14 | liability and may result in a suspension of the driving
| ||||||
15 | privileges of the registered owner of the vehicle;
| ||||||
16 | (10) a statement that the person may elect to proceed | ||||||
17 | by:
| ||||||
18 | (A) paying the fine, completing a required traffic | ||||||
19 | education program, or both; or
| ||||||
20 | (B) challenging the charge in court, by mail, or by | ||||||
21 | administrative hearing; and
| ||||||
22 | (11) a website address, accessible through the | ||||||
23 | Internet, where the person may view the recorded images of | ||||||
24 | the violation. | ||||||
25 | (e) If a person
charged with a traffic violation, as a | ||||||
26 | result of an automated traffic law
enforcement system, does not |
| |||||||
| |||||||
1 | pay the fine or complete a required traffic education program, | ||||||
2 | or both, or successfully contest the civil
penalty resulting | ||||||
3 | from that violation, the Secretary of State shall suspend the
| ||||||
4 | driving privileges of the
registered owner of the vehicle under | ||||||
5 | Section 6-306.5 of this Code for failing
to complete a required | ||||||
6 | traffic education program or to pay any fine or penalty
due and | ||||||
7 | owing, or both, as a result of a combination of 5 violations of | ||||||
8 | the automated traffic law
enforcement system or the automated | ||||||
9 | speed enforcement system under Section 11-208.8 of this Code.
| ||||||
10 | (f) Based on inspection of recorded images produced by an
| ||||||
11 | automated traffic law enforcement system, a notice alleging | ||||||
12 | that the violation occurred shall be evidence of the facts | ||||||
13 | contained
in the notice and admissible in any proceeding | ||||||
14 | alleging a
violation under this Section.
| ||||||
15 | (g) Recorded images made by an automatic traffic law
| ||||||
16 | enforcement system are confidential and shall be made
available | ||||||
17 | only to the alleged violator and governmental and
law | ||||||
18 | enforcement agencies for purposes of adjudicating a
violation | ||||||
19 | of this Section, for statistical purposes, or for other | ||||||
20 | governmental purposes. Any recorded image evidencing a
| ||||||
21 | violation of this Section, however, may be admissible in
any | ||||||
22 | proceeding resulting from the issuance of the citation.
| ||||||
23 | (h) The court or hearing officer may consider in defense of | ||||||
24 | a violation:
| ||||||
25 | (1) that the motor vehicle or registration plates or | ||||||
26 | digital registration plates of the motor
vehicle were |
| |||||||
| |||||||
1 | stolen before the violation occurred and not
under the | ||||||
2 | control of or in the possession of the owner at
the time of | ||||||
3 | the violation;
| ||||||
4 | (2) that the driver of the vehicle passed through the
| ||||||
5 | intersection when the light was red either (i) in order to
| ||||||
6 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
7 | part of a funeral procession; and
| ||||||
8 | (3) any other evidence or issues provided by municipal | ||||||
9 | or county ordinance.
| ||||||
10 | (i) To demonstrate that the motor vehicle or the | ||||||
11 | registration
plates or digital registration plates were stolen | ||||||
12 | before the violation occurred and were not under the
control or | ||||||
13 | possession of the owner at the time of the violation, the
owner | ||||||
14 | must submit proof that a report concerning the stolen
motor | ||||||
15 | vehicle or registration plates was filed with a law enforcement | ||||||
16 | agency in a timely manner.
| ||||||
17 | (j) Unless the driver of the motor vehicle received a | ||||||
18 | Uniform
Traffic Citation from a police officer at the time of | ||||||
19 | the violation,
the motor vehicle owner is subject to a civil | ||||||
20 | penalty not exceeding
$100 or the completion of a traffic | ||||||
21 | education program, or both, plus an additional penalty of not | ||||||
22 | more than $100 for failure to pay the original penalty or to | ||||||
23 | complete a required traffic education program, or both, in a | ||||||
24 | timely manner, if the motor vehicle is recorded by an automated | ||||||
25 | traffic law
enforcement system. A violation for which a civil | ||||||
26 | penalty is imposed
under this Section is not a violation of a |
| |||||||
| |||||||
1 | traffic regulation governing
the movement of vehicles and may | ||||||
2 | not be recorded on the driving record
of the owner of the | ||||||
3 | vehicle.
| ||||||
4 | (j-3) A registered owner who is a holder of a valid | ||||||
5 | commercial driver's license is not required to complete a | ||||||
6 | traffic education program. | ||||||
7 | (j-5) For purposes of the required traffic education | ||||||
8 | program only, a registered owner may submit an affidavit to the | ||||||
9 | court or hearing officer swearing that at the time of the | ||||||
10 | alleged violation, the vehicle was in the custody and control | ||||||
11 | of another person. The affidavit must identify the person in | ||||||
12 | custody and control of the vehicle, including the person's name | ||||||
13 | and current address. The person in custody and control of the | ||||||
14 | vehicle at the time of the violation is required to complete | ||||||
15 | the required traffic education program. If the person in | ||||||
16 | custody and control of the vehicle at the time of the violation | ||||||
17 | completes the required traffic education program, the | ||||||
18 | registered owner of the vehicle is not required to complete a | ||||||
19 | traffic education program. | ||||||
20 | (k) An intersection equipped with an automated traffic law
| ||||||
21 | enforcement system must be posted with a sign visible to | ||||||
22 | approaching traffic
indicating that the intersection is being | ||||||
23 | monitored by an automated
traffic law enforcement system. | ||||||
24 | (k-3) A municipality or
county that has one or more | ||||||
25 | intersections equipped with an automated traffic law
| ||||||
26 | enforcement system must provide notice to drivers by posting |
| |||||||
| |||||||
1 | the locations of automated traffic law systems on the | ||||||
2 | municipality or county website.
| ||||||
3 | (k-5) An intersection equipped with an automated traffic | ||||||
4 | law
enforcement system must have a yellow change interval that | ||||||
5 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
6 | Devices (IMUTCD) published by the Illinois Department of | ||||||
7 | Transportation. | ||||||
8 | (k-7) A municipality or county operating an automated | ||||||
9 | traffic law enforcement system shall conduct a statistical | ||||||
10 | analysis to assess the safety impact of each automated traffic | ||||||
11 | law enforcement system at an intersection following | ||||||
12 | installation of the system. The statistical analysis shall be | ||||||
13 | based upon the best available crash, traffic, and other data, | ||||||
14 | and shall cover a period of time before and after installation | ||||||
15 | of the system sufficient to provide a statistically valid | ||||||
16 | comparison of safety impact. The statistical analysis shall be | ||||||
17 | consistent with professional judgment and acceptable industry | ||||||
18 | practice. The statistical analysis also shall be consistent | ||||||
19 | with the data required for valid comparisons of before and | ||||||
20 | after conditions and shall be conducted within a reasonable | ||||||
21 | period following the installation of the automated traffic law | ||||||
22 | enforcement system. The statistical analysis required by this | ||||||
23 | subsection (k-7) shall be made available to the public and | ||||||
24 | shall be published on the website of the municipality or | ||||||
25 | county. If the statistical analysis for the 36 month period | ||||||
26 | following installation of the system indicates that there has |
| |||||||
| |||||||
1 | been an increase in the rate of crashes accidents at the | ||||||
2 | approach to the intersection monitored by the system, the | ||||||
3 | municipality or county shall undertake additional studies to | ||||||
4 | determine the cause and severity of the crashes accidents , and | ||||||
5 | may take any action that it determines is necessary or | ||||||
6 | appropriate to reduce the number or severity of the crashes | ||||||
7 | accidents at that intersection. | ||||||
8 | (l) The compensation paid for an automated traffic law | ||||||
9 | enforcement system
must be based on the value of the equipment | ||||||
10 | or the services provided and may
not be based on the number of | ||||||
11 | traffic citations issued or the revenue generated
by the | ||||||
12 | system.
| ||||||
13 | (m) This Section applies only to the counties of Cook, | ||||||
14 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
15 | to municipalities located within those counties.
| ||||||
16 | (n) The fee for participating in a traffic education | ||||||
17 | program under this Section shall not exceed $25. | ||||||
18 | A low-income individual required to complete a traffic | ||||||
19 | education program under this Section who provides proof of | ||||||
20 | eligibility for the federal earned income tax credit under | ||||||
21 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
22 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
23 | Act shall not be required to pay any fee for participating in a | ||||||
24 | required traffic education program. | ||||||
25 | (o) A municipality or county shall make a certified report | ||||||
26 | to the Secretary of State pursuant to Section 6-306.5 of this |
| |||||||
| |||||||
1 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
2 | any
fine or penalty due and owing as a result of a combination | ||||||
3 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
4 | system violations. | ||||||
5 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
6 | to a written lease agreement shall be liable for an automated | ||||||
7 | speed or traffic law enforcement system violation involving | ||||||
8 | such motor vehicle during the period of the lease; provided | ||||||
9 | that upon the request of the appropriate authority received | ||||||
10 | within 120 days after the violation occurred, the lessor | ||||||
11 | provides within 60 days after such receipt the name and address | ||||||
12 | of the lessee. The drivers license number of a lessee may be | ||||||
13 | subsequently individually requested by the appropriate | ||||||
14 | authority if needed for enforcement of this Section. | ||||||
15 | Upon the provision of information by the lessor pursuant to | ||||||
16 | this subsection, the county or municipality may issue the | ||||||
17 | violation to the lessee of the vehicle in the same manner as it | ||||||
18 | would issue a violation to a registered owner of a vehicle | ||||||
19 | pursuant to this Section, and the lessee may be held liable for | ||||||
20 | the violation. | ||||||
21 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
22 | (625 ILCS 5/11-208.9) | ||||||
23 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
24 | approaching, overtaking, and passing a school bus. | ||||||
25 | (a) As used in this Section, "automated traffic law |
| |||||||
| |||||||
1 | enforcement
system" means a device with one or more motor | ||||||
2 | vehicle sensors working
in conjunction with the visual signals | ||||||
3 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
4 | this Code, to produce recorded images of
motor vehicles that | ||||||
5 | fail to stop before meeting or overtaking, from either | ||||||
6 | direction, any school bus stopped at any location for the | ||||||
7 | purpose of receiving or discharging pupils in violation of | ||||||
8 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
9 | ordinance. | ||||||
10 | An
automated traffic law enforcement system is a system, in | ||||||
11 | a municipality or
county operated by a
governmental agency, | ||||||
12 | that
produces a recorded image of a motor vehicle's
violation | ||||||
13 | of a provision of this Code or a local ordinance
and is | ||||||
14 | designed to obtain a clear recorded image of the
vehicle and | ||||||
15 | the vehicle's license plate. The recorded image must also
| ||||||
16 | display the time, date, and location of the violation. | ||||||
17 | (b) As used in this Section, "recorded images" means images
| ||||||
18 | recorded by an automated traffic law enforcement system on: | ||||||
19 | (1) 2 or more photographs; | ||||||
20 | (2) 2 or more microphotographs; | ||||||
21 | (3) 2 or more electronic images; or | ||||||
22 | (4) a video recording showing the motor vehicle and, on | ||||||
23 | at
least one image or portion of the recording, clearly | ||||||
24 | identifying the
registration plate or digital registration | ||||||
25 | plate number of the motor vehicle. | ||||||
26 | (c) A municipality or
county that
produces a recorded image |
| |||||||
| |||||||
1 | of a motor vehicle's
violation of a provision of this Code or a | ||||||
2 | local ordinance must make the recorded images of a violation | ||||||
3 | accessible to the alleged violator by providing the alleged | ||||||
4 | violator with a website address, accessible through the | ||||||
5 | Internet. | ||||||
6 | (d) For each violation of a provision of this Code or a | ||||||
7 | local ordinance
recorded by an automated
traffic law | ||||||
8 | enforcement system, the county or municipality having
| ||||||
9 | jurisdiction shall issue a written notice of the
violation to | ||||||
10 | the registered owner of the vehicle as the alleged
violator. | ||||||
11 | The notice shall be delivered to the registered
owner of the | ||||||
12 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
13 | notifies the municipality or county of the identity of the | ||||||
14 | owner of the vehicle, but in no event later than 90 days after | ||||||
15 | the violation. | ||||||
16 | (e) The notice required under subsection (d) shall include: | ||||||
17 | (1) the name and address of the registered owner of the
| ||||||
18 | vehicle; | ||||||
19 | (2) the registration number of the motor vehicle
| ||||||
20 | involved in the violation; | ||||||
21 | (3) the violation charged; | ||||||
22 | (4) the location where the violation occurred; | ||||||
23 | (5) the date and time of the violation; | ||||||
24 | (6) a copy of the recorded images; | ||||||
25 | (7) the amount of the civil penalty imposed and the | ||||||
26 | date
by which the civil penalty should be paid; |
| |||||||
| |||||||
1 | (8) a statement that recorded images are evidence of a
| ||||||
2 | violation of overtaking or passing a school bus stopped for | ||||||
3 | the purpose of receiving or discharging pupils; | ||||||
4 | (9) a warning that failure to pay the civil penalty or | ||||||
5 | to
contest liability in a timely manner is an admission of
| ||||||
6 | liability and may result in a suspension of the driving
| ||||||
7 | privileges of the registered owner of the vehicle; | ||||||
8 | (10) a statement that the person may elect to proceed | ||||||
9 | by: | ||||||
10 | (A) paying the fine; or | ||||||
11 | (B) challenging the charge in court, by mail, or by | ||||||
12 | administrative hearing; and | ||||||
13 | (11) a website address, accessible through the | ||||||
14 | Internet, where the person may view the recorded images of | ||||||
15 | the violation. | ||||||
16 | (f) If a person
charged with a traffic violation, as a | ||||||
17 | result of an automated traffic law
enforcement system under | ||||||
18 | this Section, does not pay the fine or successfully contest the | ||||||
19 | civil
penalty resulting from that violation, the Secretary of | ||||||
20 | State shall suspend the
driving privileges of the
registered | ||||||
21 | owner of the vehicle under Section 6-306.5 of this Code for | ||||||
22 | failing
to pay any fine or penalty
due and owing as a result of | ||||||
23 | a combination of 5 violations of the automated traffic law
| ||||||
24 | enforcement system or the automated speed enforcement system | ||||||
25 | under Section 11-208.8 of this Code. | ||||||
26 | (g) Based on inspection of recorded images produced by an
|
| |||||||
| |||||||
1 | automated traffic law enforcement system, a notice alleging | ||||||
2 | that the violation occurred shall be evidence of the facts | ||||||
3 | contained
in the notice and admissible in any proceeding | ||||||
4 | alleging a
violation under this Section. | ||||||
5 | (h) Recorded images made by an automated traffic law
| ||||||
6 | enforcement system are confidential and shall be made
available | ||||||
7 | only to the alleged violator and governmental and
law | ||||||
8 | enforcement agencies for purposes of adjudicating a
violation | ||||||
9 | of this Section, for statistical purposes, or for other | ||||||
10 | governmental purposes. Any recorded image evidencing a
| ||||||
11 | violation of this Section, however, may be admissible in
any | ||||||
12 | proceeding resulting from the issuance of the citation. | ||||||
13 | (i) The court or hearing officer may consider in defense of | ||||||
14 | a violation: | ||||||
15 | (1) that the motor vehicle or registration plates or | ||||||
16 | digital registration plates of the motor
vehicle were | ||||||
17 | stolen before the violation occurred and not
under the | ||||||
18 | control of or in the possession of the owner at
the time of | ||||||
19 | the violation; | ||||||
20 | (2) that the driver of the motor vehicle received a | ||||||
21 | Uniform Traffic Citation from a police officer for a | ||||||
22 | violation of Section 11-1414 of this Code within one-eighth | ||||||
23 | of a mile and 15 minutes of the violation that was recorded | ||||||
24 | by the system; | ||||||
25 | (3) that the visual signals required by Sections 12-803 | ||||||
26 | and 12-805 of this Code were damaged, not activated, not |
| |||||||
| |||||||
1 | present in violation of Sections 12-803 and 12-805, or | ||||||
2 | inoperable; and | ||||||
3 | (4) any other evidence or issues provided by municipal | ||||||
4 | or county ordinance. | ||||||
5 | (j) To demonstrate that the motor vehicle or the | ||||||
6 | registration
plates or digital registration plates were stolen | ||||||
7 | before the violation occurred and were not under the
control or | ||||||
8 | possession of the owner at the time of the violation, the
owner | ||||||
9 | must submit proof that a report concerning the stolen
motor | ||||||
10 | vehicle or registration plates was filed with a law enforcement | ||||||
11 | agency in a timely manner. | ||||||
12 | (k) Unless the driver of the motor vehicle received a | ||||||
13 | Uniform
Traffic Citation from a police officer at the time of | ||||||
14 | the violation,
the motor vehicle owner is subject to a civil | ||||||
15 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
16 | for a second or subsequent violation, plus an additional | ||||||
17 | penalty of not more than $100 for failure to pay the original | ||||||
18 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
19 | an automated traffic law
enforcement system. A violation for | ||||||
20 | which a civil penalty is imposed
under this Section is not a | ||||||
21 | violation of a traffic regulation governing
the movement of | ||||||
22 | vehicles and may not be recorded on the driving record
of the | ||||||
23 | owner of the vehicle, but may be recorded by the municipality | ||||||
24 | or county for the purpose of determining if a person is subject | ||||||
25 | to the higher fine for a second or subsequent offense. | ||||||
26 | (l) A school bus equipped with an automated traffic law
|
| |||||||
| |||||||
1 | enforcement system must be posted with a sign indicating that | ||||||
2 | the school bus is being monitored by an automated
traffic law | ||||||
3 | enforcement system. | ||||||
4 | (m) A municipality or
county that has one or more school | ||||||
5 | buses equipped with an automated traffic law
enforcement system | ||||||
6 | must provide notice to drivers by posting a list of school | ||||||
7 | districts using school buses equipped with an automated traffic | ||||||
8 | law enforcement system on the municipality or county website. | ||||||
9 | School districts that have one or more school buses equipped | ||||||
10 | with an automated traffic law enforcement system must provide | ||||||
11 | notice to drivers by posting that information on their | ||||||
12 | websites. | ||||||
13 | (n) A municipality or county operating an automated traffic | ||||||
14 | law enforcement system shall conduct a statistical analysis to | ||||||
15 | assess the safety impact in each school district using school | ||||||
16 | buses equipped with an automated traffic law enforcement system | ||||||
17 | following installation of the system. The statistical analysis | ||||||
18 | shall be based upon the best available crash, traffic, and | ||||||
19 | other data, and shall cover a period of time before and after | ||||||
20 | installation of the system sufficient to provide a | ||||||
21 | statistically valid comparison of safety impact. The | ||||||
22 | statistical analysis shall be consistent with professional | ||||||
23 | judgment and acceptable industry practice. The statistical | ||||||
24 | analysis also shall be consistent with the data required for | ||||||
25 | valid comparisons of before and after conditions and shall be | ||||||
26 | conducted within a reasonable period following the |
| |||||||
| |||||||
1 | installation of the automated traffic law enforcement system. | ||||||
2 | The statistical analysis required by this subsection shall be | ||||||
3 | made available to the public and shall be published on the | ||||||
4 | website of the municipality or county. If the statistical | ||||||
5 | analysis for the 36-month period following installation of the | ||||||
6 | system indicates that there has been an increase in the rate of | ||||||
7 | crashes accidents at the approach to school buses monitored by | ||||||
8 | the system, the municipality or county shall undertake | ||||||
9 | additional studies to determine the cause and severity of the | ||||||
10 | crashes accidents , and may take any action that it determines | ||||||
11 | is necessary or appropriate to reduce the number or severity of | ||||||
12 | the crashes accidents involving school buses equipped with an | ||||||
13 | automated traffic law enforcement system. | ||||||
14 | (o) The compensation paid for an automated traffic law | ||||||
15 | enforcement system
must be based on the value of the equipment | ||||||
16 | or the services provided and may
not be based on the number of | ||||||
17 | traffic citations issued or the revenue generated
by the | ||||||
18 | system. | ||||||
19 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
20 | to a written lease agreement shall be liable for an automated | ||||||
21 | speed or traffic law enforcement system violation involving | ||||||
22 | such motor vehicle during the period of the lease; provided | ||||||
23 | that upon the request of the appropriate authority received | ||||||
24 | within 120 days after the violation occurred, the lessor | ||||||
25 | provides within 60 days after such receipt the name and address | ||||||
26 | of the lessee. The drivers license number of a lessee may be |
| |||||||
| |||||||
1 | subsequently individually requested by the appropriate | ||||||
2 | authority if needed for enforcement of this Section. | ||||||
3 | Upon the provision of information by the lessor pursuant to | ||||||
4 | this subsection, the county or municipality may issue the | ||||||
5 | violation to the lessee of the vehicle in the same manner as it | ||||||
6 | would issue a violation to a registered owner of a vehicle | ||||||
7 | pursuant to this Section, and the lessee may be held liable for | ||||||
8 | the violation. | ||||||
9 | (q) A municipality or county shall make a certified report | ||||||
10 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
11 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
12 | any
fine or penalty due and owing as a result of a combination | ||||||
13 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
14 | system violations. | ||||||
15 | (r) After a municipality or county enacts an ordinance | ||||||
16 | providing for automated traffic law enforcement systems under | ||||||
17 | this Section, each school district within that municipality or | ||||||
18 | county's jurisdiction may implement an automated traffic law | ||||||
19 | enforcement system under this Section. The elected school board | ||||||
20 | for that district must approve the implementation of an | ||||||
21 | automated traffic law enforcement system. The school district | ||||||
22 | shall be responsible for entering into a contract, approved by | ||||||
23 | the elected school board of that district, with vendors for the | ||||||
24 | installation, maintenance, and operation of the automated | ||||||
25 | traffic law enforcement system. The school district must enter | ||||||
26 | into an intergovernmental agreement, approved by the elected |
| |||||||
| |||||||
1 | school board of that district, with the municipality or county | ||||||
2 | with jurisdiction over that school district for the | ||||||
3 | administration of the automated traffic law enforcement | ||||||
4 | system. The proceeds from a school district's automated traffic | ||||||
5 | law enforcement system's fines shall be divided equally between | ||||||
6 | the school district and the municipality or county | ||||||
7 | administering the automated traffic law enforcement system.
| ||||||
8 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
9 | (625 ILCS 5/Ch. 11 Art. IV heading) | ||||||
10 | ARTICLE IV. CRASHES ACCIDENTS
| ||||||
11 | (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
| ||||||
12 | Sec. 11-401. Motor vehicle crashes accidents involving | ||||||
13 | death or personal injuries.
| ||||||
14 | (a) The driver of any vehicle involved in a motor vehicle | ||||||
15 | crashes accident
resulting in personal injury to or death of | ||||||
16 | any person shall immediately stop
such vehicle at the scene of | ||||||
17 | such crash accident , or as close thereto as possible
and shall | ||||||
18 | then forthwith return to, and in every event shall remain at | ||||||
19 | the
scene of the crash accident until the requirements of | ||||||
20 | Section 11-403 have been
fulfilled. Every such stop shall be | ||||||
21 | made without obstructing traffic more
than is necessary.
| ||||||
22 | (b) Any person who has failed to stop or to comply with the
| ||||||
23 | requirements of paragraph (a) shall, as soon as possible but in | ||||||
24 | no case
later than one-half hour after such motor
vehicle crash |
| |||||||
| |||||||
1 | accident , or, if hospitalized and incapacitated from reporting | ||||||
2 | at any
time during such period, as soon as possible but in no | ||||||
3 | case later than one-half
hour
after
being discharged from the
| ||||||
4 | hospital, report the place of the crash accident , the date, the | ||||||
5 | approximate time,
the
driver's name and address, the | ||||||
6 | registration number of the vehicle
driven, and the names of all | ||||||
7 | other occupants of
such vehicle, at a police station or | ||||||
8 | sheriff's office near the place where
such crash accident | ||||||
9 | occurred. No report made as required under this paragraph shall | ||||||
10 | be used,
directly or indirectly, as a basis for the prosecution | ||||||
11 | of any
violation of paragraph (a).
| ||||||
12 | (b-1) Any person arrested for violating this Section is | ||||||
13 | subject to chemical testing of his or her blood, breath, other | ||||||
14 | bodily substance, or urine for the presence of alcohol, other | ||||||
15 | drug or drugs, intoxicating compound or compounds, or any | ||||||
16 | combination thereof, as provided in Section 11-501.1, if the | ||||||
17 | testing occurs within 12 hours of the time of the occurrence of | ||||||
18 | the crash accident that led to his or her arrest. The person's | ||||||
19 | driving privileges are subject to statutory summary suspension | ||||||
20 | under Section 11-501.1 if he or she fails testing or statutory | ||||||
21 | summary revocation under Section 11-501.1 if he or she refuses | ||||||
22 | to undergo the testing.
| ||||||
23 | For purposes of this Section, personal injury shall mean | ||||||
24 | any injury
requiring immediate professional treatment in a | ||||||
25 | medical facility or
doctor's office.
| ||||||
26 | (c) Any person failing to comply with paragraph (a) shall |
| |||||||
| |||||||
1 | be guilty of a Class 4 felony.
| ||||||
2 | (d) Any person failing to comply with paragraph (b) is
| ||||||
3 | guilty
of
a Class 2 felony if the
motor vehicle crash accident | ||||||
4 | does not result in the death of any person.
Any person failing | ||||||
5 | to comply with paragraph (b)
when the crash accident results in | ||||||
6 | the death of
any person is guilty of a Class 1
felony.
| ||||||
7 | (e) The Secretary of State shall revoke the driving | ||||||
8 | privilege of any person
convicted of a violation of this | ||||||
9 | Section.
| ||||||
10 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
11 | (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
| ||||||
12 | Sec. 11-402. Motor vehicle crash accident involving damage | ||||||
13 | to vehicle. | ||||||
14 | (a)
The driver of any vehicle involved in a motor vehicle | ||||||
15 | crash accident
resulting only in damage to a vehicle which is | ||||||
16 | driven or attended by any person shall
immediately stop such | ||||||
17 | vehicle at the scene of such motor vehicle crash accident
or as | ||||||
18 | close thereto as possible, but shall forthwith return to and in | ||||||
19 | every event
shall remain at the scene of such motor vehicle | ||||||
20 | crash accident until the
requirements of Section 11-403 have | ||||||
21 | been fulfilled. A driver does not violate this Section if the | ||||||
22 | driver moves the vehicle as soon as possible off the highway to | ||||||
23 | the nearest safe location on an exit ramp shoulder, a frontage | ||||||
24 | road, the nearest suitable cross street, or other suitable | ||||||
25 | location that does not obstruct traffic and
remains at that |
| |||||||
| |||||||
1 | location until the driver has fulfilled the requirements of | ||||||
2 | Section 11-403. Every such stop
shall be made without | ||||||
3 | obstructing traffic
more than is necessary. If a damaged | ||||||
4 | vehicle is obstructing traffic lanes, the driver of the vehicle | ||||||
5 | must make every reasonable effort to move the vehicle or have | ||||||
6 | it moved so as not to block the traffic lanes.
| ||||||
7 | Any person failing to comply with this Section shall be | ||||||
8 | guilty of a Class
A misdemeanor.
| ||||||
9 | (b) Upon conviction of a violation of this Section, the | ||||||
10 | court shall make
a finding as to whether the damage to a | ||||||
11 | vehicle is in excess of $1,000,
and in such case a statement of | ||||||
12 | this finding shall be reported to the Secretary
of State with | ||||||
13 | the report of conviction as required by Section 6-204 of this
| ||||||
14 | Code. Upon receipt of such report of conviction and statement | ||||||
15 | of finding
that the damage to a vehicle is in excess of $1,000, | ||||||
16 | the Secretary of State
shall suspend the driver's license or | ||||||
17 | any nonresident's driving privilege. | ||||||
18 | (c) If any peace officer or highway authority official | ||||||
19 | finds (i) a vehicle standing upon a highway or toll highway in | ||||||
20 | violation of a prohibition, limitation, or restriction on | ||||||
21 | stopping, standing, or parking imposed under this Code or (ii) | ||||||
22 | a disabled vehicle that obstructs the roadway of a highway or | ||||||
23 | toll highway, the peace officer or highway authority official | ||||||
24 | is authorized to move the vehicle or to require the operator of | ||||||
25 | the vehicle to move the vehicle to the shoulder of the road, to | ||||||
26 | a position where parking is permitted, or to public parking or |
| |||||||
| |||||||
1 | storage premises. The removal may be performed by, or under the | ||||||
2 | direction of, the peace officer or highway authority official | ||||||
3 | or may be contracted for by local authorities. After the | ||||||
4 | vehicle has been removed, the peace officer or highway | ||||||
5 | authority official shall follow appropriate procedures, as | ||||||
6 | provided in Section 4-203 of this Code. | ||||||
7 | (d) A towing service, its officers, and its employees are | ||||||
8 | not liable for loss of or damages to any real or personal | ||||||
9 | property that occurs as the result of the removal or towing of | ||||||
10 | any vehicle under subsection (c), as provided in subsection (b) | ||||||
11 | of Section 4-213.
| ||||||
12 | (Source: P.A. 97-763, eff. 1-1-13.)
| ||||||
13 | (625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
| ||||||
14 | Sec. 11-403. Duty to give information and render aid. The | ||||||
15 | driver of any vehicle involved in a motor vehicle crash | ||||||
16 | accident
resulting in injury to or death of any person or | ||||||
17 | damage to any vehicle which
is driven or attended by any person | ||||||
18 | shall give the driver's
name, address, registration number and | ||||||
19 | owner of the vehicle
the driver is operating and shall upon | ||||||
20 | request and
if available exhibit such driver's license to the | ||||||
21 | person struck
or the driver
or occupant of or person attending | ||||||
22 | any vehicle collided with
and shall render to any person | ||||||
23 | injured in such crash accident reasonable
assistance, | ||||||
24 | including the carrying or the making of arrangements for the
| ||||||
25 | carrying of such person to a physician, surgeon or hospital for |
| |||||||
| |||||||
1 | medical
or surgical treatment, if it is apparent that such | ||||||
2 | treatment is
necessary or if such carrying is requested by the | ||||||
3 | injured person.
| ||||||
4 | If none of the persons entitled to information pursuant to | ||||||
5 | this
Section is in condition to receive and understand such | ||||||
6 | information and
no police officer is present, such driver after | ||||||
7 | rendering reasonable
assistance shall forthwith report such | ||||||
8 | motor vehicle crash accident at the
nearest office of a duly | ||||||
9 | authorized police authority, disclosing the
information
| ||||||
10 | required by this Section.
| ||||||
11 | Any person failing to comply with this Section shall be | ||||||
12 | guilty of a Class
A misdemeanor.
| ||||||
13 | (Source: P.A. 83-831.)
| ||||||
14 | (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
| ||||||
15 | Sec. 11-404. Duty upon damaging unattended vehicle or other | ||||||
16 | property. | ||||||
17 | (a) The driver of any vehicle which collides with or is | ||||||
18 | involved in a motor
vehicle crash accident with any vehicle | ||||||
19 | which is unattended, or other property,
resulting in any damage | ||||||
20 | to such other vehicle or property shall
immediately stop and | ||||||
21 | shall then and there either locate and notify the
operator or | ||||||
22 | owner of such vehicle or other
property of the driver's name, | ||||||
23 | address, registration
number and owner of the vehicle the | ||||||
24 | driver was operating or shall
attach securely in a conspicuous | ||||||
25 | place on or in the vehicle
or other property struck a written |
| |||||||
| |||||||
1 | notice giving the driver's
name, address, registration number | ||||||
2 | and owner of the
vehicle the driver was driving and shall | ||||||
3 | without unnecessary
delay notify the nearest office of a duly | ||||||
4 | authorized police authority and
shall make a written report of | ||||||
5 | such crash accident when and as required in
Section 11-406. | ||||||
6 | Every such stop shall be made without
obstructing traffic more | ||||||
7 | than is necessary. If a damaged vehicle is obstructing traffic | ||||||
8 | lanes, the driver of the vehicle must make every reasonable | ||||||
9 | effort to move the vehicle or have it moved so as not to block | ||||||
10 | the traffic lanes.
| ||||||
11 | (b) Any person failing to comply with this Section shall be | ||||||
12 | guilty of a Class
A misdemeanor. | ||||||
13 | (c) If any peace officer or highway authority official | ||||||
14 | finds (i) a vehicle standing upon a highway or toll highway in | ||||||
15 | violation of a prohibition, limitation, or restriction on | ||||||
16 | stopping, standing, or parking imposed under this Code or (ii) | ||||||
17 | a disabled vehicle that obstructs the roadway of a highway or | ||||||
18 | toll highway, the peace officer or highway authority official | ||||||
19 | is authorized to move the vehicle or to require the operator of | ||||||
20 | the vehicle to move the vehicle to the shoulder of the road, to | ||||||
21 | a position where parking is permitted, or to public parking or | ||||||
22 | storage premises. The removal may be performed by, or under the | ||||||
23 | direction of, the peace officer or highway authority official | ||||||
24 | or may be contracted for by local authorities. After the | ||||||
25 | vehicle has been removed, the peace officer or highway | ||||||
26 | authority official shall follow appropriate procedures, as |
| |||||||
| |||||||
1 | provided in Section 4-203 of this Code.
| ||||||
2 | (d) A towing service, its officers, and its employees are | ||||||
3 | not liable for loss of or damages to any real or personal | ||||||
4 | property that occurs as the result of the removal or towing of | ||||||
5 | any vehicle under subsection (c), as provided in subsection (b) | ||||||
6 | of Section 4-213.
| ||||||
7 | (Source: P.A. 95-407, eff. 1-1-08.)
| ||||||
8 | (625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
| ||||||
9 | Sec. 11-406. Duty to report crash accident .
| ||||||
10 | (a) The driver of a vehicle that is in any manner involved | ||||||
11 | in a crash an
accident within this State, resulting in injury | ||||||
12 | to or death of any
person, or in which damage to the property | ||||||
13 | of any one person, including
himself, in excess of $1,500 (or | ||||||
14 | $500 if any of the vehicles involved in the crash accident is | ||||||
15 | subject to Section 7-601 but is not covered by a liability | ||||||
16 | insurance policy in accordance with Section 7-601) is | ||||||
17 | sustained, shall, as soon as possible but
not later than 10 | ||||||
18 | days after the crash accident , forward a written report of
the | ||||||
19 | crash accident to the Administrator.
| ||||||
20 | (b) Whenever a school bus is involved in a crash an | ||||||
21 | accident in this State,
caused by a collision, a sudden stop or | ||||||
22 | otherwise, resulting in any
property damage, personal injury or | ||||||
23 | death and whenever a crash an accident
occurs within 50 feet of | ||||||
24 | a school bus in this State resulting in
personal injury to or | ||||||
25 | the death of any person while awaiting or
preparing to board |
| |||||||
| |||||||
1 | the bus or immediately after exiting the bus, the
driver shall | ||||||
2 | as soon as possible but not later than 10 days after the
crash | ||||||
3 | accident , forward a written report to the Department of | ||||||
4 | Transportation.
If a report is also required under Subsection | ||||||
5 | (a) of this Section, that
report and the report required by | ||||||
6 | this Subsection shall be submitted on
a single form.
| ||||||
7 | (c) The Administrator may require any driver, occupant or | ||||||
8 | owner of a
vehicle involved in a crash an accident of which | ||||||
9 | report must be made as provided
in this Section or Section | ||||||
10 | 11-410 of this Chapter to file supplemental
reports whenever | ||||||
11 | the original report is insufficient in the opinion of
the | ||||||
12 | Secretary of State or the Administrator, and may require | ||||||
13 | witnesses
of the crash accident to submit written reports to | ||||||
14 | the Administrator. The
report may include photographs, charts, | ||||||
15 | sketches, and graphs.
| ||||||
16 | (d) Should the Administrator learn through other reports of
| ||||||
17 | crashes accidents required by law of the occurrence of a crash | ||||||
18 | an accident reportable
under this Article and the driver, | ||||||
19 | owner, or witness has not reported as
required under | ||||||
20 | Subsections (a), (b) or (c) of this Section or Section
11-410, | ||||||
21 | within the time specified, the person is not relieved of the
| ||||||
22 | responsibility and the Administrator shall notify the person by | ||||||
23 | first
class mail directed to his last known address of his | ||||||
24 | legal obligation.
However, the notification is not a condition | ||||||
25 | precedent to impose the
penalty for failure to report as | ||||||
26 | provided in Subsection (e).
|
| |||||||
| |||||||
1 | (e) The Secretary of State shall suspend the driver's | ||||||
2 | license or any
non-resident's driving privilege of any person | ||||||
3 | who fails or neglects to
make report of a traffic crash | ||||||
4 | accident as required or as required by
any other law of this | ||||||
5 | State.
| ||||||
6 | (Source: P.A. 95-754, eff. 1-1-09.)
| ||||||
7 | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
| ||||||
8 | Sec. 11-407. Immediate notice of crash accident .
| ||||||
9 | (a) The driver of a vehicle which is in any manner involved | ||||||
10 | in a crash an
accident described in Section 11-406 of this | ||||||
11 | Chapter shall, if no police
officer is present, give notice of | ||||||
12 | the crash accident by the fastest available
means of | ||||||
13 | communication to the local police department if such crash | ||||||
14 | accident
occurs within a municipality or otherwise to the | ||||||
15 | nearest office of the
county sheriff or nearest headquarters of | ||||||
16 | the Illinois State Police.
| ||||||
17 | (b) Whenever the driver of a vehicle is physically | ||||||
18 | incapable of giving
immediate notice of a crash an accident as | ||||||
19 | required in Subsection (a) and there was
another occupant in | ||||||
20 | the vehicle at the time of the crash accident capable of
doing | ||||||
21 | so, that occupant must give notice as required in Subsection | ||||||
22 | (a).
| ||||||
23 | (Source: P.A. 76-2163.)
| ||||||
24 | (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
|
| |||||||
| |||||||
1 | Sec. 11-408. Police to report motor vehicle crash accident | ||||||
2 | investigations.
| ||||||
3 | (a) Every law enforcement officer who investigates a motor | ||||||
4 | vehicle crash accident
for which a report is required by this | ||||||
5 | Article or who prepares a written
report as a result of an | ||||||
6 | investigation either at the time and scene of such
motor | ||||||
7 | vehicle crash accident or thereafter by interviewing | ||||||
8 | participants or
witnesses shall forward a written report of | ||||||
9 | such motor vehicle crash accident
to the Administrator on forms | ||||||
10 | provided by the Administrator under Section
11-411 within 10 | ||||||
11 | days after investigation of the motor
vehicle crash accident , | ||||||
12 | or within such other time as is prescribed by the
| ||||||
13 | Administrator.
Such written reports and the information | ||||||
14 | contained in those reports required to be forwarded by law | ||||||
15 | enforcement officers
shall not be held confidential by the | ||||||
16 | reporting law
enforcement officer or agency. The Secretary of | ||||||
17 | State may also disclose
notations of crash accident involvement | ||||||
18 | maintained on individual driving records. However, the | ||||||
19 | Administrator or the
Secretary of State may require a | ||||||
20 | supplemental written report from the
reporting law enforcement | ||||||
21 | officer.
| ||||||
22 | (b) The Department at its discretion may require a | ||||||
23 | supplemental written
report from the reporting law enforcement | ||||||
24 | officer on a form supplied by the
Department to be submitted | ||||||
25 | directly to the Department. Such supplemental
report may be | ||||||
26 | used only for crash accident studies and statistical or |
| |||||||
| |||||||
1 | analytical
purposes under Section 11-412 or 11-414 of this | ||||||
2 | Code.
| ||||||
3 | (c) The Department at its discretion may provide for | ||||||
4 | in-depth
investigations of crashes accidents involving | ||||||
5 | Department employees or other motor vehicle crashes accidents | ||||||
6 | by individuals or
special investigation groups, including but | ||||||
7 | not limited to police officers,
photographers,
engineers, | ||||||
8 | doctors, mechanics, and as a result of the investigation may
| ||||||
9 | require the submission of written reports, photographs, | ||||||
10 | charts, sketches,
graphs, or a combination of all. Such | ||||||
11 | individual written reports,
photographs, charts, sketches, or | ||||||
12 | graphs may be used only for crash accident
studies and | ||||||
13 | statistical or analytical purposes under Section 11-412 or | ||||||
14 | 11-414 of this Code.
| ||||||
15 | (d) On and after July 1, 1997, law enforcement officers who | ||||||
16 | have reason to
suspect that the motor
vehicle crash accident | ||||||
17 | was the result of a driver's loss of consciousness due to a
| ||||||
18 | medical condition, as defined by the Driver's License Medical | ||||||
19 | Review Law of
1992, or the result of any medical condition that | ||||||
20 | impaired the
driver's ability to safely operate a motor vehicle | ||||||
21 | shall notify the Secretary
of
this determination. The | ||||||
22 | Secretary, in conjunction with the Driver's License
Medical | ||||||
23 | Advisory Board, shall determine by administrative rule the | ||||||
24 | temporary
conditions not required to be reported under the | ||||||
25 | provisions of this Section.
The
Secretary shall, in conjunction | ||||||
26 | with the Illinois State Police and
representatives of local and |
| |||||||
| |||||||
1 | county law enforcement agencies, promulgate any
rules | ||||||
2 | necessary and develop the procedures and documents that may be | ||||||
3 | required
to
obtain written, electronic, or other agreed upon | ||||||
4 | methods of notification to
implement the provisions of this | ||||||
5 | Section.
| ||||||
6 | (e) Law enforcement officers reporting under the | ||||||
7 | provisions of subsection
(d) of this Section shall enjoy the | ||||||
8 | same immunities granted members of the
Driver's License Medical | ||||||
9 | Advisory Board under Section 6-910 of this Code.
| ||||||
10 | (f) All information furnished to the Secretary under | ||||||
11 | subsection (d) of this
Section shall be deemed confidential and | ||||||
12 | for the privileged use of the
Secretary in accordance with the | ||||||
13 | provisions of subsection (j) of Section 2-123
of this Code.
| ||||||
14 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
15 | (625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
| ||||||
16 | Sec. 11-409. False motor vehicle crash accident reports or | ||||||
17 | notices. Any
person who provides information in an oral or | ||||||
18 | written report required by
this Code with knowledge or reason | ||||||
19 | to believe that such
information is false shall be guilty of a | ||||||
20 | Class C misdemeanor.
| ||||||
21 | (Source: P.A. 83-831.)
| ||||||
22 | (625 ILCS 5/11-410) (from Ch. 95 1/2, par. 11-410)
| ||||||
23 | Sec. 11-410. When driver fails to report a motor vehicle | ||||||
24 | crash accident . Whenever the driver of a vehicle is physically |
| |||||||
| |||||||
1 | incapable of making a required
written crash accident report | ||||||
2 | and if there was another occupant in the vehicle
at the time of | ||||||
3 | the motor vehicle crash accident capable of making a written
| ||||||
4 | report, such occupant shall make or cause to be made such | ||||||
5 | written report.
If said driver fails for any reason to make | ||||||
6 | such report, the owner of the
vehicle involved in such motor | ||||||
7 | vehicle crash accident , shall, as soon as
practicable, make | ||||||
8 | said report to the Administrator.
| ||||||
9 | (Source: P.A. 83-831.)
| ||||||
10 | (625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
| ||||||
11 | Sec. 11-411. Crash Accident report forms.
| ||||||
12 | (a) The Administrator must prepare and upon request supply | ||||||
13 | to police
departments, sheriffs and other appropriate agencies | ||||||
14 | or individuals, forms
for written crash accident reports as | ||||||
15 | required hereunder, suitable with respect
to the persons | ||||||
16 | required to make such reports and the purposes to be served.
| ||||||
17 | The written reports must call for sufficiently detailed | ||||||
18 | information to
disclose with reference to a vehicle crash | ||||||
19 | accident the cause, conditions then
existing, and the persons | ||||||
20 | and vehicles involved or any other data
concerning such crash | ||||||
21 | accident that may be required for a complete analysis of
all | ||||||
22 | related circumstances and events leading to the crash accident | ||||||
23 | or subsequent
to the occurrence.
| ||||||
24 | (b) Every crash accident report required to be made in | ||||||
25 | writing must be made on
an approved form or in an approved |
| |||||||
| |||||||
1 | electronic format provided by the Administrator and must
| ||||||
2 | contain all the information required therein unless that | ||||||
3 | information is not
available. The Department shall adopt any | ||||||
4 | rules necessary to implement this subsection (b).
| ||||||
5 | (c) Should special crash accident studies be required by | ||||||
6 | the Administrator,
the Administrator may provide the | ||||||
7 | supplemental forms for the special
studies.
| ||||||
8 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
9 | (625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
| ||||||
10 | Sec. 11-412. Motor vehicle crash accident reports | ||||||
11 | confidential. | ||||||
12 | (a) All required
written motor vehicle crash accident | ||||||
13 | reports and supplemental reports shall
be without prejudice to | ||||||
14 | the individual so reporting and shall be for the
confidential | ||||||
15 | use of the Department and the Secretary of State and, in the
| ||||||
16 | case of second division vehicles operated under certificate of | ||||||
17 | convenience
and necessity issued by the Illinois Commerce | ||||||
18 | Commission, of the Commission,
except that the Administrator or | ||||||
19 | the Secretary of State or the Commission may
disclose the | ||||||
20 | identity of a person involved in a motor vehicle crash accident
| ||||||
21 | when such identity is not otherwise known or when such person | ||||||
22 | denies his presence at such motor vehicle crash accident and | ||||||
23 | the Department shall disclose
the identity of the insurance | ||||||
24 | carrier, if any, upon demand. The Secretary of
State may also | ||||||
25 | disclose notations of crash accident involvement maintained on
|
| |||||||
| |||||||
1 | individual driving records. | ||||||
2 | (b) Upon written request, the Department shall
furnish | ||||||
3 | copies of its written crash accident reports or any | ||||||
4 | supplemental reports to federal, State, and local
agencies that | ||||||
5 | are engaged in highway safety research and studies and to any | ||||||
6 | person or entity that has a contractual agreement with the | ||||||
7 | Department or a federal, State, or local agency to complete a | ||||||
8 | highway safety research and study for the Department or the | ||||||
9 | federal, State, or local agency. Reports
furnished to any | ||||||
10 | agency, person, or entity other than the Secretary of State or | ||||||
11 | the Illinois
Commerce Commission may be used only for | ||||||
12 | statistical or analytical purposes
and shall be held | ||||||
13 | confidential by that agency, person, or entity.
These reports | ||||||
14 | shall be exempt from inspection and copying under the Freedom | ||||||
15 | of Information Act and shall not be used as evidence in any | ||||||
16 | trial, civil
or criminal, arising out of a motor vehicle crash | ||||||
17 | accident , except
that the Administrator shall furnish upon | ||||||
18 | demand of any person who has,
or claims to have, made such a | ||||||
19 | written or supplemental report, or upon demand of any
court, a | ||||||
20 | certificate showing that a specified written crash accident | ||||||
21 | report or supplemental report
has or has not been made to the | ||||||
22 | Administrator solely to prove a compliance
or a failure to | ||||||
23 | comply with the requirement that such a written or supplemental | ||||||
24 | report
be made to the Administrator.
| ||||||
25 | (c) Upon written request, the Department shall furnish | ||||||
26 | motor vehicle crash accident data to a federal, State, or local |
| |||||||
| |||||||
1 | agency, the Secretary of State, the Illinois Commerce | ||||||
2 | Commission, or any other person or entity under Section 11-417 | ||||||
3 | of this Code. | ||||||
4 | (d) The Department at its discretion may provide for
| ||||||
5 | in-depth investigations of crashes accidents involving | ||||||
6 | Department employees or other motor vehicle crashes accidents . | ||||||
7 | A
written report describing the preventability of such a crash | ||||||
8 | an accident may be
prepared to enhance the safety of Department | ||||||
9 | employees or the traveling public. Such reports and the | ||||||
10 | information contained in those reports and
any opinions | ||||||
11 | expressed in the review of the crash accident as to the
| ||||||
12 | preventability of the crash accident shall be for the | ||||||
13 | privileged use of the
Department and held confidential and | ||||||
14 | shall not be obtainable or used in any
civil or criminal | ||||||
15 | proceeding.
| ||||||
16 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
17 | (625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
| ||||||
18 | Sec. 11-413. Coroners to report. All coroners shall
on or | ||||||
19 | before the 10th day of each month report in writing to the | ||||||
20 | Administrator
the death of any person within their respective | ||||||
21 | jurisdiction,
during the preceding calendar month, as the | ||||||
22 | result of a traffic crash accident giving the
time and place of | ||||||
23 | the crash accident and the circumstances relating thereto.
| ||||||
24 | (Source: P.A. 83-831.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
| ||||||
2 | Sec. 11-414. Department to tabulate and analyze motor | ||||||
3 | vehicle crash accident
reports. The Department shall tabulate | ||||||
4 | and may analyze all written motor
vehicle crash accident | ||||||
5 | reports received in compliance with this Code
and shall publish | ||||||
6 | annually or at more frequent intervals motor vehicle crash | ||||||
7 | accident data. The Department:
| ||||||
8 | 1. (blank);
| ||||||
9 | 2. shall, upon written request, make available to the | ||||||
10 | public
motor vehicle crash accident data that shall be | ||||||
11 | distributed under Sections 11-412 and 11-417 of this Code;
| ||||||
12 | 3. may conduct special investigations of motor vehicle
| ||||||
13 | crashes accidents and may solicit supplementary reports | ||||||
14 | from drivers, owners,
police departments, sheriffs, | ||||||
15 | coroners, or any other individual.
Failure of any | ||||||
16 | individual to submit a supplementary report subjects such
| ||||||
17 | individual to the same penalties for failure to report as | ||||||
18 | designated
under Section 11-406.
| ||||||
19 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
20 | (625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
| ||||||
21 | Sec. 11-415. Municipalities may require traffic crash | ||||||
22 | accident reports. Municipalities may by ordinance require that | ||||||
23 | the driver or owner of
a vehicle involved in a traffic crash | ||||||
24 | accident file with the designated municipal
office a written
| ||||||
25 | report of such crash accident . All such reports shall be for |
| |||||||
| |||||||
1 | the confidential
use of the municipal office and subject to the | ||||||
2 | provisions of Section 11-412.
| ||||||
3 | (Source: P.A. 83-831.)
| ||||||
4 | (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
| ||||||
5 | Sec. 11-416. Furnishing
copies - Fees.
The Department of | ||||||
6 | State Police may furnish copies of an Illinois
State Police | ||||||
7 | Traffic Crash Accident Report that has been investigated by the
| ||||||
8 | State Police and shall be paid a fee of $5 for each such
copy, | ||||||
9 | or in the case of a crash an accident which was investigated by | ||||||
10 | a crash an accident
reconstruction officer or crash accident | ||||||
11 | reconstruction team, a fee of $20 shall be
paid. These fees | ||||||
12 | shall be deposited into the State Police Services Fund.
| ||||||
13 | Other State law enforcement agencies or law enforcement | ||||||
14 | agencies of
local authorities may furnish copies of traffic | ||||||
15 | crash accident reports
prepared by such agencies and may | ||||||
16 | receive a fee not to exceed $5 for each
copy or in the case of a | ||||||
17 | crash an accident which was investigated by a crash an accident
| ||||||
18 | reconstruction officer or crash accident reconstruction team, | ||||||
19 | the State or local law
enforcement agency may receive a fee not | ||||||
20 | to exceed $20.
| ||||||
21 | Any written crash accident report required or requested to | ||||||
22 | be furnished the
Administrator shall be provided without cost | ||||||
23 | or fee charges authorized
under this Section or any other | ||||||
24 | provision of law.
| ||||||
25 | (Source: P.A. 101-571, eff. 8-23-19.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-417) | ||||||
2 | Sec. 11-417. Motor vehicle crash accident report and motor | ||||||
3 | vehicle crash accident data. | ||||||
4 | (a) Upon written request and payment of the required fee, | ||||||
5 | the Department shall make available to the public motor vehicle | ||||||
6 | crash accident data received in compliance with this Code. The | ||||||
7 | Department shall adopt any rules necessary to establish a fee | ||||||
8 | schedule for motor vehicle crash accident data made available | ||||||
9 | under Section 11-414 of this Code. | ||||||
10 | (b) The Department shall provide copies of a written motor | ||||||
11 | vehicle crash accident report or motor vehicle crash accident | ||||||
12 | data without any cost or fees authorized under any provision of | ||||||
13 | law to a federal, State, or local agency, the Secretary of | ||||||
14 | State, the Illinois Commerce Commission, or any other person or | ||||||
15 | entity that has a contractual agreement with the Department or | ||||||
16 | a federal, State, or local agency to complete a highway safety | ||||||
17 | research and study for the Department or the federal, State, or | ||||||
18 | local agency. | ||||||
19 | (c) All fees collected under this Section shall be placed | ||||||
20 | in the Road Fund to be used, subject to appropriation, for the | ||||||
21 | costs associated with motor vehicle crash accident records and | ||||||
22 | motor vehicle crash accident data.
| ||||||
23 | (Source: P.A. 100-96, eff. 1-1-18 .)
| ||||||
24 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
| |||||||
| |||||||
1 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
2 | other drug or drugs, intoxicating compound or compounds or any | ||||||
3 | combination thereof.
| ||||||
4 | (a) A person shall not drive or be in actual physical | ||||||
5 | control of any vehicle within this State while: | ||||||
6 | (1) the alcohol concentration in the person's blood, | ||||||
7 | other bodily substance, or breath is 0.08 or more based on | ||||||
8 | the definition of blood and breath units in Section | ||||||
9 | 11-501.2; | ||||||
10 | (2) under the influence of alcohol; | ||||||
11 | (3) under the influence of any intoxicating compound or | ||||||
12 | combination of intoxicating compounds to a degree that | ||||||
13 | renders the person incapable of driving safely; | ||||||
14 | (4) under the influence of any other drug or | ||||||
15 | combination of drugs to a degree that renders the person | ||||||
16 | incapable of safely driving; | ||||||
17 | (5) under the combined influence of alcohol, other drug | ||||||
18 | or drugs, or intoxicating compound or compounds to a degree | ||||||
19 | that renders the person incapable of safely driving; | ||||||
20 | (6) there is any amount of a drug, substance, or | ||||||
21 | compound in the person's breath, blood, other bodily | ||||||
22 | substance, or urine resulting from the unlawful use or | ||||||
23 | consumption of a controlled substance listed in the | ||||||
24 | Illinois Controlled Substances Act, an intoxicating | ||||||
25 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
26 | or methamphetamine as listed in the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act; or | ||||||
2 | (7) the person has, within 2 hours of driving or being | ||||||
3 | in actual physical control of a vehicle, a | ||||||
4 | tetrahydrocannabinol concentration in the person's whole | ||||||
5 | blood or other bodily substance as defined in paragraph 6 | ||||||
6 | of subsection (a) of Section 11-501.2 of this Code.
Subject | ||||||
7 | to all other requirements and provisions under this | ||||||
8 | Section, this paragraph (7) does not apply to the lawful | ||||||
9 | consumption of cannabis by a qualifying patient licensed | ||||||
10 | under the Compassionate Use of Medical Cannabis Program Act | ||||||
11 | who is in possession of a valid registry card issued under | ||||||
12 | that Act, unless that person is impaired by the use of | ||||||
13 | cannabis. | ||||||
14 | (b) The fact that any person charged with violating this | ||||||
15 | Section is or has been legally entitled to use alcohol, | ||||||
16 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
17 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof, shall not constitute a | ||||||
19 | defense against any charge of violating this Section. | ||||||
20 | (c) Penalties. | ||||||
21 | (1) Except as otherwise provided in this Section, any | ||||||
22 | person convicted of violating subsection (a) of this | ||||||
23 | Section is guilty of a Class A misdemeanor. | ||||||
24 | (2) A person who violates subsection (a) or a similar | ||||||
25 | provision a second time shall be sentenced to a mandatory | ||||||
26 | minimum term of either 5 days of imprisonment or 240 hours |
| |||||||
| |||||||
1 | of community service in addition to any other criminal or | ||||||
2 | administrative sanction. | ||||||
3 | (3) A person who violates subsection (a) is subject to | ||||||
4 | 6 months of imprisonment, an additional mandatory minimum | ||||||
5 | fine of $1,000, and 25 days of community service in a | ||||||
6 | program benefiting children if the person was transporting | ||||||
7 | a person under the age of 16 at the time of the violation. | ||||||
8 | (4) A person who violates subsection (a) a first time, | ||||||
9 | if the alcohol concentration in his or her blood, breath, | ||||||
10 | other bodily substance, or urine was 0.16 or more based on | ||||||
11 | the definition of blood, breath, other bodily substance, or | ||||||
12 | urine units in Section 11-501.2, shall be subject, in | ||||||
13 | addition to any other penalty that may be imposed, to a | ||||||
14 | mandatory minimum of 100 hours of community service and a | ||||||
15 | mandatory minimum fine of $500. | ||||||
16 | (5) A person who violates subsection (a) a second time, | ||||||
17 | if at the time of the second violation the alcohol | ||||||
18 | concentration in his or her blood, breath, other bodily | ||||||
19 | substance, or urine was 0.16 or more based on the | ||||||
20 | definition of blood, breath, other bodily substance, or | ||||||
21 | urine units in Section 11-501.2, shall be subject, in | ||||||
22 | addition to any other penalty that may be imposed, to a | ||||||
23 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
24 | minimum fine of $1,250. | ||||||
25 | (d) Aggravated driving under the influence of alcohol, | ||||||
26 | other drug or drugs, or intoxicating compound or compounds, or |
| |||||||
| |||||||
1 | any combination thereof.
| ||||||
2 | (1) Every person convicted of committing a violation of | ||||||
3 | this Section shall be guilty of aggravated driving under | ||||||
4 | the influence of alcohol, other drug or drugs, or | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof if: | ||||||
7 | (A) the person committed a violation of subsection | ||||||
8 | (a) or a similar provision for the third or subsequent | ||||||
9 | time; | ||||||
10 | (B) the person committed a violation of subsection | ||||||
11 | (a) while driving a school bus with one or more | ||||||
12 | passengers on board; | ||||||
13 | (C) the person in committing a violation of | ||||||
14 | subsection (a) was involved in a motor vehicle crash | ||||||
15 | accident that resulted in great bodily harm or | ||||||
16 | permanent disability or disfigurement to another, when | ||||||
17 | the violation was a proximate cause of the injuries; | ||||||
18 | (D) the person committed a violation of subsection | ||||||
19 | (a) and has been previously convicted of violating | ||||||
20 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 or a similar provision of a law | ||||||
22 | of another state relating to reckless homicide in which | ||||||
23 | the person was determined to have been under the | ||||||
24 | influence of alcohol, other drug or drugs, or | ||||||
25 | intoxicating compound or compounds as an element of the | ||||||
26 | offense or the person has previously been convicted |
| |||||||
| |||||||
1 | under subparagraph (C) or subparagraph (F) of this | ||||||
2 | paragraph (1); | ||||||
3 | (E) the person, in committing a violation of | ||||||
4 | subsection (a) while driving at any speed in a school | ||||||
5 | speed zone at a time when a speed limit of 20 miles per | ||||||
6 | hour was in effect under subsection (a) of Section | ||||||
7 | 11-605 of this Code, was involved in a motor vehicle | ||||||
8 | crash accident that resulted in bodily harm, other than | ||||||
9 | great bodily harm or permanent disability or | ||||||
10 | disfigurement, to another person, when the violation | ||||||
11 | of subsection (a) was a proximate cause of the bodily | ||||||
12 | harm; | ||||||
13 | (F) the person, in committing a violation of | ||||||
14 | subsection (a), was involved in a motor vehicle crash | ||||||
15 | or , snowmobile, all-terrain vehicle, or watercraft | ||||||
16 | accident that resulted in the death of another person, | ||||||
17 | when the violation of subsection (a) was a proximate | ||||||
18 | cause of the death; | ||||||
19 | (G) the person committed a violation of subsection | ||||||
20 | (a) during a period in which the defendant's driving | ||||||
21 | privileges are revoked or suspended, where the | ||||||
22 | revocation or suspension was for a violation of | ||||||
23 | subsection (a) or a similar provision, Section | ||||||
24 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
25 | reckless homicide as defined in Section 9-3 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012; |
| |||||||
| |||||||
1 | (H) the person committed the violation while he or | ||||||
2 | she did not possess a driver's license or permit or a | ||||||
3 | restricted driving permit or a judicial driving permit | ||||||
4 | or a monitoring device driving permit; | ||||||
5 | (I) the person committed the violation while he or | ||||||
6 | she knew or should have known that the vehicle he or | ||||||
7 | she was driving was not covered by a liability | ||||||
8 | insurance policy; | ||||||
9 | (J) the person in committing a violation of | ||||||
10 | subsection (a) was involved in a motor vehicle crash | ||||||
11 | accident that resulted in bodily harm, but not great | ||||||
12 | bodily harm, to the child under the age of 16 being | ||||||
13 | transported by the person, if the violation was the | ||||||
14 | proximate cause of the injury; | ||||||
15 | (K) the person in committing a second violation of | ||||||
16 | subsection (a) or a similar provision was transporting | ||||||
17 | a person under the age of 16; or | ||||||
18 | (L) the person committed a violation of subsection | ||||||
19 | (a) of this Section while transporting one or more | ||||||
20 | passengers in a vehicle for-hire. | ||||||
21 | (2)(A) Except as provided otherwise, a person | ||||||
22 | convicted of aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
24 | compounds, or any combination thereof is guilty of a Class | ||||||
25 | 4 felony. | ||||||
26 | (B) A third violation of this Section or a similar |
| |||||||
| |||||||
1 | provision is a Class 2 felony. If at the time of the third | ||||||
2 | violation the alcohol concentration in his or her blood, | ||||||
3 | breath, other bodily substance, or urine was 0.16 or more | ||||||
4 | based on the definition of blood, breath, other bodily | ||||||
5 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
6 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
7 | fine of $2,500 shall be imposed in addition to any other | ||||||
8 | criminal or administrative sanction. If at the time of the | ||||||
9 | third violation, the defendant was transporting a person | ||||||
10 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
11 | days of community service in a program benefiting children | ||||||
12 | shall be imposed in addition to any other criminal or | ||||||
13 | administrative sanction. | ||||||
14 | (C) A fourth violation of this Section or a similar | ||||||
15 | provision is a Class 2 felony, for which a sentence of | ||||||
16 | probation or conditional discharge may not be imposed. If | ||||||
17 | at the time of the violation, the alcohol concentration in | ||||||
18 | the defendant's blood, breath, other bodily substance, or | ||||||
19 | urine was 0.16 or more based on the definition of blood, | ||||||
20 | breath, other bodily substance, or urine units in Section | ||||||
21 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
22 | imposed in addition to any other criminal or administrative | ||||||
23 | sanction. If at the time of the fourth violation, the | ||||||
24 | defendant was transporting a person under the age of 16 a | ||||||
25 | mandatory fine of $25,000 and 25 days of community service | ||||||
26 | in a program benefiting children shall be imposed in |
| |||||||
| |||||||
1 | addition to any other criminal or administrative sanction. | ||||||
2 | (D) A fifth violation of this Section or a similar | ||||||
3 | provision is a Class 1 felony, for which a sentence of | ||||||
4 | probation or conditional discharge may not be imposed. If | ||||||
5 | at the time of the violation, the alcohol concentration in | ||||||
6 | the defendant's blood, breath, other bodily substance, or | ||||||
7 | urine was 0.16 or more based on the definition of blood, | ||||||
8 | breath, other bodily substance, or urine units in Section | ||||||
9 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
10 | imposed in addition to any other criminal or administrative | ||||||
11 | sanction. If at the time of the fifth violation, the | ||||||
12 | defendant was transporting a person under the age of 16, a | ||||||
13 | mandatory fine of $25,000, and 25 days of community service | ||||||
14 | in a program benefiting children shall be imposed in | ||||||
15 | addition to any other criminal or administrative sanction. | ||||||
16 | (E) A sixth or subsequent violation of this Section or | ||||||
17 | similar provision is a Class X felony. If at the time of | ||||||
18 | the violation, the alcohol concentration in the | ||||||
19 | defendant's blood, breath, other bodily substance, or | ||||||
20 | urine was 0.16 or more based on the definition of blood, | ||||||
21 | breath, other bodily substance, or urine units in Section | ||||||
22 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
23 | imposed in addition to any other criminal or administrative | ||||||
24 | sanction. If at the time of the violation, the defendant | ||||||
25 | was transporting a person under the age of 16, a mandatory | ||||||
26 | fine of $25,000 and 25 days of community service in a |
| |||||||
| |||||||
1 | program benefiting children shall be imposed in addition to | ||||||
2 | any other criminal or administrative sanction. | ||||||
3 | (F) For a violation of subparagraph (C) of paragraph | ||||||
4 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
5 | a term of imprisonment, shall be sentenced to not less than | ||||||
6 | one year nor more than 12 years. | ||||||
7 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
8 | this subsection (d) is a Class 2 felony, for which the | ||||||
9 | defendant, unless the court determines that extraordinary | ||||||
10 | circumstances exist and require probation, shall be | ||||||
11 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
12 | years and not more than 14 years if the violation resulted | ||||||
13 | in the death of one person; or (ii) a term of imprisonment | ||||||
14 | of not less than 6 years and not more than 28 years if the | ||||||
15 | violation resulted in the deaths of 2 or more persons. | ||||||
16 | (H) For a violation of subparagraph (J) of paragraph | ||||||
17 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
18 | 25 days of community service in a program benefiting | ||||||
19 | children shall be imposed in addition to any other criminal | ||||||
20 | or administrative sanction. | ||||||
21 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
22 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
23 | fine of $2,500, and 25 days of community service in a | ||||||
24 | program benefiting children shall be imposed in addition to | ||||||
25 | any other criminal or administrative sanction. If the child | ||||||
26 | being transported suffered bodily harm, but not great |
| |||||||
| |||||||
1 | bodily harm, in a motor vehicle crash accident , and the | ||||||
2 | violation was the proximate cause of that injury, a | ||||||
3 | mandatory fine of $5,000 and 25 days of community service | ||||||
4 | in a program benefiting children shall be imposed in | ||||||
5 | addition to any other criminal or administrative sanction. | ||||||
6 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
7 | this subsection (d) is a Class 3 felony, for which a | ||||||
8 | sentence of probation or conditional discharge may not be | ||||||
9 | imposed. | ||||||
10 | (3) Any person sentenced under this subsection (d) who | ||||||
11 | receives a term of probation or conditional discharge must | ||||||
12 | serve a minimum term of either 480 hours of community | ||||||
13 | service or 10 days of imprisonment as a condition of the | ||||||
14 | probation or conditional discharge in addition to any other | ||||||
15 | criminal or administrative sanction. | ||||||
16 | (e) Any reference to a prior violation of subsection (a) or | ||||||
17 | a similar provision includes any violation of a provision of a | ||||||
18 | local ordinance or a provision of a law of another state or an | ||||||
19 | offense committed on a military installation that is similar to | ||||||
20 | a violation of subsection (a) of this Section. | ||||||
21 | (f) The imposition of a mandatory term of imprisonment or | ||||||
22 | assignment of community service for a violation of this Section | ||||||
23 | shall not be suspended or reduced by the court. | ||||||
24 | (g) Any penalty imposed for driving with a license that has | ||||||
25 | been revoked for a previous violation of subsection (a) of this | ||||||
26 | Section shall be in addition to the penalty imposed for any |
| |||||||
| |||||||
1 | subsequent violation of subsection (a). | ||||||
2 | (h) For any prosecution under this Section, a certified | ||||||
3 | copy of the driving abstract of the defendant shall be admitted | ||||||
4 | as proof of any prior conviction.
| ||||||
5 | (Source: P.A. 101-363, eff. 8-9-19.)
| ||||||
6 | (625 ILCS 5/11-501.1)
| ||||||
7 | Sec. 11-501.1. Suspension of drivers license; statutory | ||||||
8 | summary
alcohol, other drug or drugs, or intoxicating compound | ||||||
9 | or
compounds related suspension or revocation; implied | ||||||
10 | consent. | ||||||
11 | (a) Any person who drives or is in actual physical control | ||||||
12 | of a motor
vehicle upon the public highways of this State shall | ||||||
13 | be deemed to have given
consent, subject to the provisions of | ||||||
14 | Section 11-501.2, to a chemical test or
tests of blood, breath, | ||||||
15 | other bodily substance, or urine for the purpose of determining | ||||||
16 | the content of
alcohol, other drug or drugs, or intoxicating | ||||||
17 | compound or compounds or
any combination thereof in the | ||||||
18 | person's blood if arrested,
as evidenced by the issuance of a | ||||||
19 | Uniform Traffic Ticket, for any offense
as defined in Section | ||||||
20 | 11-501 or a similar provision of a local ordinance, or if | ||||||
21 | arrested for violating Section 11-401.
If a law enforcement | ||||||
22 | officer has probable cause to believe the person was under the | ||||||
23 | influence of alcohol, other drug or drugs, intoxicating | ||||||
24 | compound or compounds, or any combination thereof, the law | ||||||
25 | enforcement officer shall request a chemical test or tests |
| |||||||
| |||||||
1 | which shall be administered at the direction of the arresting
| ||||||
2 | officer. The law enforcement agency employing the officer shall | ||||||
3 | designate which
of the aforesaid tests shall be administered. | ||||||
4 | Up to 2 additional tests of urine or other bodily substance may | ||||||
5 | be administered
even after a blood or breath test or both has
| ||||||
6 | been administered. For purposes of this Section, an Illinois | ||||||
7 | law
enforcement officer of this State who is investigating the | ||||||
8 | person for any
offense defined in Section 11-501 may travel | ||||||
9 | into an adjoining state, where
the person has been transported | ||||||
10 | for medical care, to complete an
investigation and to request | ||||||
11 | that the person submit to the test or tests
set forth in this | ||||||
12 | Section. The requirements of this Section that the
person be | ||||||
13 | arrested are inapplicable, but the officer shall issue the | ||||||
14 | person
a Uniform Traffic Ticket for an offense as defined in | ||||||
15 | Section 11-501 or a
similar provision of a local ordinance | ||||||
16 | prior to requesting that the person
submit to the test or | ||||||
17 | tests. The issuance of the Uniform Traffic Ticket
shall not | ||||||
18 | constitute an arrest, but shall be for the purpose of notifying
| ||||||
19 | the person that he or she is subject to the provisions of this | ||||||
20 | Section and
of the officer's belief of the existence of | ||||||
21 | probable cause to
arrest. Upon returning to this State, the | ||||||
22 | officer shall file the Uniform
Traffic Ticket with the Circuit | ||||||
23 | Clerk of the county where the offense was
committed, and shall | ||||||
24 | seek the issuance of an arrest warrant or a summons
for the | ||||||
25 | person. | ||||||
26 | (a-5) (Blank). |
| |||||||
| |||||||
1 | (b) Any person who is dead, unconscious, or who is | ||||||
2 | otherwise in a condition
rendering the person incapable of | ||||||
3 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
4 | provided by paragraph (a) of this Section and the test or
tests | ||||||
5 | may be administered, subject to the provisions of Section | ||||||
6 | 11-501.2. | ||||||
7 | (c) A person requested to submit to a test as provided | ||||||
8 | above shall
be warned by the law enforcement officer requesting | ||||||
9 | the test that a
refusal to submit to the test will result in | ||||||
10 | the statutory summary
suspension of the person's privilege to | ||||||
11 | operate a motor vehicle, as provided
in Section 6-208.1 of this | ||||||
12 | Code, and will also result in the disqualification of the | ||||||
13 | person's privilege to operate a commercial motor vehicle, as | ||||||
14 | provided in Section 6-514 of this Code, if the person is a CDL | ||||||
15 | holder. The person shall also be warned that a refusal to | ||||||
16 | submit to the test, when the person was involved in a motor | ||||||
17 | vehicle crash accident that caused personal injury or death to | ||||||
18 | another, will result in the statutory summary revocation of the | ||||||
19 | person's privilege to operate a motor vehicle, as provided in | ||||||
20 | Section 6-208.1, and will also result in the disqualification | ||||||
21 | of the person's privilege to operate a commercial motor | ||||||
22 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
23 | person is a CDL holder. The person shall also be warned by the | ||||||
24 | law
enforcement officer that if the person submits to the test | ||||||
25 | or tests
provided in paragraph (a) of this Section and the | ||||||
26 | alcohol concentration in
the person's blood, other bodily |
| |||||||
| |||||||
1 | substance, or breath is 0.08 or greater, or testing discloses | ||||||
2 | the presence of cannabis as listed in the Cannabis Control Act | ||||||
3 | with a tetrahydrocannabinol concentration as defined in | ||||||
4 | paragraph 6 of subsection (a) of Section 11-501.2 of this Code, | ||||||
5 | or any amount of
a
drug, substance, or compound resulting from | ||||||
6 | the unlawful use or consumption
of a controlled
substance
| ||||||
7 | listed in the Illinois Controlled Substances Act, an | ||||||
8 | intoxicating compound
listed in the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine as listed in the | ||||||
10 | Methamphetamine Control and Community Protection Act is | ||||||
11 | detected in the person's
blood, other bodily substance or | ||||||
12 | urine, a statutory summary suspension of the person's privilege | ||||||
13 | to
operate a motor vehicle, as provided in Sections 6-208.1 and | ||||||
14 | 11-501.1 of this
Code, will be imposed. If the person is also a | ||||||
15 | CDL holder, he or she shall be warned by the law
enforcement | ||||||
16 | officer that if the person submits to the test or tests
| ||||||
17 | provided in paragraph (a) of this Section and the alcohol | ||||||
18 | concentration in
the person's blood, other bodily substance, or | ||||||
19 | breath is 0.08 or greater, or any amount of
a
drug, substance, | ||||||
20 | or compound resulting from the unlawful use or consumption
of | ||||||
21 | cannabis as covered by the Cannabis Control Act, a controlled
| ||||||
22 | substance
listed in the Illinois Controlled Substances Act, an | ||||||
23 | intoxicating compound
listed in the Use of Intoxicating | ||||||
24 | Compounds Act, or methamphetamine as listed in the | ||||||
25 | Methamphetamine Control and Community Protection Act is | ||||||
26 | detected in the person's
blood, other bodily substance, or |
| |||||||
| |||||||
1 | urine, a disqualification of
the person's privilege to operate | ||||||
2 | a commercial motor vehicle, as provided in Section 6-514 of | ||||||
3 | this Code, will be imposed. | ||||||
4 | A person who is under the age of 21 at the time the person | ||||||
5 | is requested to
submit to a test as provided above shall, in | ||||||
6 | addition to the warnings provided
for in this Section, be | ||||||
7 | further warned by the law enforcement officer
requesting the | ||||||
8 | test that if the person submits to the test or tests provided | ||||||
9 | in
paragraph (a) of this Section and the alcohol concentration | ||||||
10 | in the person's
blood, other bodily substance, or breath is | ||||||
11 | greater than 0.00 and less than 0.08, a
suspension of the
| ||||||
12 | person's privilege to operate a motor vehicle, as provided | ||||||
13 | under Sections
6-208.2 and 11-501.8 of this Code, will be | ||||||
14 | imposed. The results of this test
shall be admissible in a | ||||||
15 | civil or criminal action or proceeding arising from an
arrest | ||||||
16 | for an offense as defined in Section 11-501 of this Code or a | ||||||
17 | similar
provision of a local ordinance or pursuant to Section | ||||||
18 | 11-501.4 in prosecutions
for reckless homicide brought under | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012. These | ||||||
20 | test
results, however, shall be admissible only in actions or | ||||||
21 | proceedings directly
related to the incident upon which the | ||||||
22 | test request was made. | ||||||
23 | A person requested to submit to a test shall also | ||||||
24 | acknowledge, in writing, receipt of the warning required under | ||||||
25 | this Section. If the person refuses to acknowledge receipt of | ||||||
26 | the warning, the law enforcement officer shall make a written |
| |||||||
| |||||||
1 | notation on the warning that the person refused to sign the | ||||||
2 | warning. A person's refusal to sign the warning shall not be | ||||||
3 | evidence that the person was not read the warning. | ||||||
4 | (d) If the person refuses testing or submits to a test that | ||||||
5 | discloses
an alcohol concentration of 0.08 or more, or testing | ||||||
6 | discloses the presence of cannabis as listed in the Cannabis | ||||||
7 | Control Act with a tetrahydrocannabinol concentration as | ||||||
8 | defined in paragraph 6 of subsection (a) of Section 11-501.2 of | ||||||
9 | this Code, or any amount of a drug,
substance, or intoxicating | ||||||
10 | compound in the person's breath, blood,
other bodily substance, | ||||||
11 | or urine resulting from the
unlawful use or consumption of a | ||||||
12 | controlled substance listed in the Illinois Controlled | ||||||
13 | Substances
Act, an intoxicating compound listed in the Use of | ||||||
14 | Intoxicating Compounds
Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act, the law | ||||||
16 | enforcement officer shall immediately submit a sworn report to
| ||||||
17 | the
circuit court of venue and the Secretary of State, | ||||||
18 | certifying that the test or
tests was or were requested under | ||||||
19 | paragraph (a) and the person refused to
submit to a test, or | ||||||
20 | tests, or submitted to testing that disclosed an alcohol
| ||||||
21 | concentration of 0.08 or more, testing discloses the presence | ||||||
22 | of cannabis as listed in the Cannabis Control Act with a | ||||||
23 | tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
24 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
25 | amount of a drug,
substance, or intoxicating compound in the | ||||||
26 | person's breath, blood, other bodily substance, or urine |
| |||||||
| |||||||
1 | resulting from the
unlawful use or consumption of a controlled | ||||||
2 | substance listed in the Illinois Controlled Substances
Act, an | ||||||
3 | intoxicating compound listed in the Use of Intoxicating | ||||||
4 | Compounds
Act, or methamphetamine as listed in the | ||||||
5 | Methamphetamine Control and Community Protection Act. If the | ||||||
6 | person is also a CDL holder and refuses testing or submits to a | ||||||
7 | test that discloses
an alcohol concentration of 0.08 or more, | ||||||
8 | or any amount of a drug,
substance, or intoxicating compound in | ||||||
9 | the person's breath, blood, other bodily substance, or urine | ||||||
10 | resulting from the
unlawful use or consumption of cannabis | ||||||
11 | listed in the Cannabis Control Act, a controlled substance | ||||||
12 | listed in the Illinois Controlled Substances
Act, an | ||||||
13 | intoxicating compound listed in the Use of Intoxicating | ||||||
14 | Compounds
Act, or methamphetamine as listed in the | ||||||
15 | Methamphetamine Control and Community Protection Act, the law | ||||||
16 | enforcement officer shall also immediately submit a sworn | ||||||
17 | report to
the
circuit court of venue and the Secretary of | ||||||
18 | State, certifying that the test or
tests was or were requested | ||||||
19 | under paragraph (a) and the person refused to
submit to a test, | ||||||
20 | or tests, or submitted to testing that disclosed an alcohol | ||||||
21 | concentration of 0.08 or more, or any amount of a drug,
| ||||||
22 | substance, or intoxicating compound in the person's breath, | ||||||
23 | blood, other bodily substance, or urine resulting from the
| ||||||
24 | unlawful use or consumption of cannabis listed in the Cannabis | ||||||
25 | Control Act, a controlled substance listed in the Illinois | ||||||
26 | Controlled Substances
Act, an intoxicating compound listed in |
| |||||||
| |||||||
1 | the Use of Intoxicating Compounds
Act, or methamphetamine as | ||||||
2 | listed in the Methamphetamine Control and Community Protection | ||||||
3 | Act. | ||||||
4 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
5 | officer
submitted under paragraph (d), the Secretary of State | ||||||
6 | shall enter the
statutory summary suspension or revocation and | ||||||
7 | disqualification for the periods specified in Sections
6-208.1 | ||||||
8 | and 6-514, respectively,
and effective as provided in paragraph | ||||||
9 | (g). | ||||||
10 | If the person is a first offender as defined in Section | ||||||
11 | 11-500 of this
Code, and is not convicted of a violation of | ||||||
12 | Section 11-501
of this Code or a similar provision of a local | ||||||
13 | ordinance, then reports
received by the Secretary of State | ||||||
14 | under this Section shall, except during
the actual time the | ||||||
15 | Statutory Summary Suspension is in effect, be
privileged | ||||||
16 | information and for use only by the courts, police officers,
| ||||||
17 | prosecuting authorities or the Secretary of State, unless the | ||||||
18 | person is a CDL holder, is operating a commercial motor vehicle | ||||||
19 | or vehicle required to be placarded for hazardous materials, in | ||||||
20 | which case the suspension shall not be privileged. Reports | ||||||
21 | received by the Secretary of State under this Section shall | ||||||
22 | also be made available to the parent or guardian of a person | ||||||
23 | under the age of 18 years that holds an instruction permit or a | ||||||
24 | graduated driver's license, regardless of whether the | ||||||
25 | statutory summary suspension is in effect. A statutory summary | ||||||
26 | revocation shall not be privileged information. |
| |||||||
| |||||||
1 | (f) The law enforcement officer submitting the sworn report | ||||||
2 | under paragraph
(d) shall serve immediate notice of the | ||||||
3 | statutory summary suspension or revocation on the
person and | ||||||
4 | the suspension or revocation and disqualification shall be | ||||||
5 | effective as provided in paragraph (g). | ||||||
6 | (1) In
cases involving a person who is not a CDL holder | ||||||
7 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
8 | any amount of
a drug, substance, or compound resulting from | ||||||
9 | the unlawful use or consumption
of a controlled
substance
| ||||||
10 | listed in the Illinois Controlled Substances Act,
an | ||||||
11 | intoxicating compound
listed in the Use of Intoxicating | ||||||
12 | Compounds Act, or methamphetamine as listed in the | ||||||
13 | Methamphetamine Control and Community Protection Act is | ||||||
14 | established by a
subsequent
analysis of blood, other bodily | ||||||
15 | substance, or urine or analysis of whole blood or other | ||||||
16 | bodily substance establishes a tetrahydrocannabinol | ||||||
17 | concentration as defined in paragraph 6 of subsection (a) | ||||||
18 | of Section 11-501.2 of this Code, collected at the time of | ||||||
19 | arrest, the arresting
officer or arresting agency shall | ||||||
20 | give notice as provided in this Section or by
deposit in | ||||||
21 | the United States mail of the notice in an envelope with | ||||||
22 | postage
prepaid and addressed to the person at his or her | ||||||
23 | address as shown on the Uniform
Traffic Ticket and the | ||||||
24 | statutory summary suspension shall begin as provided in
| ||||||
25 | paragraph (g). | ||||||
26 | (1.3) In cases involving a person who is a CDL holder |
| |||||||
| |||||||
1 | where the blood alcohol concentration of 0.08 or greater or
| ||||||
2 | any amount of
a drug, substance, or compound resulting from | ||||||
3 | the unlawful use or consumption
of cannabis as covered by | ||||||
4 | the Cannabis Control Act, a controlled
substance
listed in | ||||||
5 | the Illinois Controlled Substances Act,
an intoxicating | ||||||
6 | compound
listed in the Use of Intoxicating Compounds Act, | ||||||
7 | or methamphetamine as listed in the Methamphetamine | ||||||
8 | Control and Community Protection Act is established by a
| ||||||
9 | subsequent
analysis of blood, other bodily substance, or | ||||||
10 | urine collected at the time of arrest, the arresting
| ||||||
11 | officer or arresting agency shall give notice as provided | ||||||
12 | in this Section or by
deposit in the United States mail of | ||||||
13 | the notice in an envelope with postage
prepaid and | ||||||
14 | addressed to the person at his or her address as shown on | ||||||
15 | the Uniform
Traffic Ticket and the statutory summary | ||||||
16 | suspension and disqualification shall begin as provided in
| ||||||
17 | paragraph (g). | ||||||
18 | (1.5) The officer shall confiscate any Illinois | ||||||
19 | driver's license or
permit on the person at the time of | ||||||
20 | arrest. If the person has a valid driver's
license or | ||||||
21 | permit, the officer shall issue the person a receipt, in
a | ||||||
22 | form prescribed by the Secretary of State, that will allow | ||||||
23 | that person
to drive during the periods provided for in | ||||||
24 | paragraph (g). The officer
shall immediately forward the | ||||||
25 | driver's license or permit to the circuit
court of venue | ||||||
26 | along with the sworn report provided for in
paragraph (d). |
| |||||||
| |||||||
1 | (2) (Blank). | ||||||
2 | (g) The statutory summary suspension or revocation and | ||||||
3 | disqualification
referred to in this Section shall
take effect | ||||||
4 | on the 46th day following the date the notice of the statutory
| ||||||
5 | summary suspension or revocation was given to the person. | ||||||
6 | (h) The following procedure shall apply
whenever a person | ||||||
7 | is arrested for any offense as defined in Section 11-501
or a | ||||||
8 | similar provision of a local ordinance: | ||||||
9 | Upon receipt of the sworn report from the law enforcement | ||||||
10 | officer,
the Secretary of State shall confirm the statutory | ||||||
11 | summary suspension or revocation by
mailing a notice of the | ||||||
12 | effective date of the suspension or revocation to the person | ||||||
13 | and
the court of venue. The Secretary of State shall also mail | ||||||
14 | notice of the effective date of the disqualification to the | ||||||
15 | person. However, should the sworn report be defective by not
| ||||||
16 | containing sufficient information or be completed in error, the
| ||||||
17 | confirmation of the statutory summary suspension or revocation | ||||||
18 | shall not be mailed to the
person or entered to the record; | ||||||
19 | instead, the sworn report shall
be
forwarded to the court of | ||||||
20 | venue with a copy returned to the issuing agency
identifying | ||||||
21 | any defect. | ||||||
22 | (i) As used in this Section, "personal injury" includes any | ||||||
23 | Type A injury as indicated on the traffic crash accident report | ||||||
24 | completed by a law enforcement officer that requires immediate | ||||||
25 | professional attention in either a doctor's office or a medical | ||||||
26 | facility. A Type A injury includes severely bleeding wounds, |
| |||||||
| |||||||
1 | distorted extremities, and injuries that require the injured | ||||||
2 | party to be carried from the scene. | ||||||
3 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
4 | 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
| ||||||
5 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
6 | Sec. 11-501.2. Chemical and other tests.
| ||||||
7 | (a) Upon the trial of any civil or criminal action or | ||||||
8 | proceeding arising out
of an arrest for an offense as defined | ||||||
9 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
10 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
11 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
12 | compounds, or any combination thereof in a person's blood
or | ||||||
13 | breath at the time alleged, as determined by analysis of the | ||||||
14 | person's blood,
urine, breath, or other bodily substance, shall | ||||||
15 | be admissible. Where such test
is made the following provisions | ||||||
16 | shall apply:
| ||||||
17 | 1. Chemical analyses of the person's blood, urine, | ||||||
18 | breath, or other bodily
substance to be considered valid | ||||||
19 | under the provisions of this Section shall
have been | ||||||
20 | performed according to standards promulgated by the | ||||||
21 | Department of State Police
by
a licensed physician, | ||||||
22 | registered nurse, trained phlebotomist, licensed | ||||||
23 | paramedic, or other individual
possessing a valid permit | ||||||
24 | issued by that Department for
this purpose. The Director of | ||||||
25 | State Police is authorized to approve satisfactory
|
| |||||||
| |||||||
1 | techniques or methods, to ascertain the qualifications and | ||||||
2 | competence of
individuals to conduct such analyses, to | ||||||
3 | issue permits which shall be subject
to termination or | ||||||
4 | revocation at the discretion of that Department and to
| ||||||
5 | certify the accuracy of breath testing equipment. The | ||||||
6 | Department
of
State Police shall prescribe regulations as | ||||||
7 | necessary to
implement this
Section.
| ||||||
8 | 2. When a person in this State shall submit to a blood | ||||||
9 | test at the request
of a law enforcement officer under the | ||||||
10 | provisions of Section 11-501.1, only a
physician | ||||||
11 | authorized to practice medicine, a licensed physician | ||||||
12 | assistant, a licensed advanced practice registered nurse, | ||||||
13 | a registered nurse, trained
phlebotomist, or licensed | ||||||
14 | paramedic, or other
qualified person approved by the | ||||||
15 | Department of State Police may withdraw blood
for the | ||||||
16 | purpose of determining the alcohol, drug, or alcohol and | ||||||
17 | drug content
therein. This limitation shall not apply to | ||||||
18 | the taking of breath, other bodily substance, or urine
| ||||||
19 | specimens.
| ||||||
20 | When a blood test of a person who has been taken to an | ||||||
21 | adjoining state
for medical treatment is requested by an | ||||||
22 | Illinois law enforcement officer,
the blood may be | ||||||
23 | withdrawn only by a physician authorized to practice
| ||||||
24 | medicine in the adjoining state, a licensed physician | ||||||
25 | assistant, a licensed advanced practice registered nurse, | ||||||
26 | a registered nurse, a trained
phlebotomist acting under the |
| |||||||
| |||||||
1 | direction of the physician, or licensed
paramedic. The law
| ||||||
2 | enforcement officer requesting the test shall take custody | ||||||
3 | of the blood
sample, and the blood sample shall be analyzed | ||||||
4 | by a laboratory certified by the
Department of State Police | ||||||
5 | for that purpose.
| ||||||
6 | 3. The person tested may have a physician, or a | ||||||
7 | qualified technician,
chemist, registered nurse, or other | ||||||
8 | qualified person of their own choosing
administer a | ||||||
9 | chemical test or tests in addition to any administered at | ||||||
10 | the
direction of a law enforcement officer. The failure or | ||||||
11 | inability to obtain
an additional test by a person shall | ||||||
12 | not preclude the admission of evidence
relating to the test | ||||||
13 | or tests taken at the direction of a law enforcement
| ||||||
14 | officer.
| ||||||
15 | 4. Upon the request of the person who shall submit to a | ||||||
16 | chemical test
or tests at the request of a law enforcement | ||||||
17 | officer, full information
concerning the test or tests | ||||||
18 | shall be made available to the person or such
person's | ||||||
19 | attorney.
| ||||||
20 | 5. Alcohol concentration shall mean either grams of | ||||||
21 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
22 | per 210 liters of breath.
| ||||||
23 | 6. Tetrahydrocannabinol concentration means either 5 | ||||||
24 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
25 | milliliter of whole blood or 10 nanograms or more of | ||||||
26 | delta-9-tetrahydrocannabinol per milliliter of other |
| |||||||
| |||||||
1 | bodily substance. | ||||||
2 | (a-5) Law enforcement officials may use validated roadside | ||||||
3 | chemical tests or standardized field sobriety tests approved by | ||||||
4 | the National Highway Traffic Safety Administration when | ||||||
5 | conducting investigations of a violation of Section 11-501 or | ||||||
6 | similar local ordinance by drivers suspected of driving under | ||||||
7 | the influence of cannabis. The General Assembly finds that (i) | ||||||
8 | validated roadside chemical tests are effective means to | ||||||
9 | determine if a person is under the influence of cannabis and | ||||||
10 | (ii) standardized field sobriety tests approved by the National | ||||||
11 | Highway Traffic Safety Administration are divided attention | ||||||
12 | tasks that are intended to determine if a person is under the | ||||||
13 | influence of cannabis. The purpose of these tests is to | ||||||
14 | determine the effect of the use of cannabis on a person's | ||||||
15 | capacity to think and act with ordinary care and therefore | ||||||
16 | operate a motor vehicle safely. Therefore, the results of these | ||||||
17 | validated roadside chemical tests and standardized field | ||||||
18 | sobriety tests, appropriately administered, shall be | ||||||
19 | admissible in the trial of any civil or criminal action or | ||||||
20 | proceeding arising out of an arrest for a cannabis-related | ||||||
21 | offense as defined in Section 11-501 or a similar local | ||||||
22 | ordinance or proceedings under Section 2-118.1 or 2-118.2. | ||||||
23 | Where a test is made the following provisions shall apply: | ||||||
24 | 1. The person tested may have a physician, or a | ||||||
25 | qualified technician, chemist, registered nurse, or other | ||||||
26 | qualified person of their own choosing administer a |
| |||||||
| |||||||
1 | chemical test or tests in addition to the standardized | ||||||
2 | field sobriety test or tests administered at the direction | ||||||
3 | of a law enforcement officer. The failure or inability to | ||||||
4 | obtain an additional test by a person does not preclude the | ||||||
5 | admission of evidence relating to the test or tests taken | ||||||
6 | at the direction of a law enforcement officer. | ||||||
7 | 2. Upon the request of the person who shall submit to | ||||||
8 | validated roadside chemical tests or a standardized field | ||||||
9 | sobriety test or tests at the request of a law enforcement | ||||||
10 | officer, full information concerning the test or tests | ||||||
11 | shall be made available to the person or the person's | ||||||
12 | attorney. | ||||||
13 | 3. At the trial of any civil or criminal action or | ||||||
14 | proceeding arising out of an arrest for an offense as | ||||||
15 | defined in Section 11-501 or a similar local ordinance or | ||||||
16 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
17 | results of these validated roadside chemical tests or | ||||||
18 | standardized field sobriety tests are admitted, the person | ||||||
19 | may present and the trier of fact may consider evidence | ||||||
20 | that the person lacked the physical capacity to perform the | ||||||
21 | validated roadside chemical tests or standardized field | ||||||
22 | sobriety tests. | ||||||
23 | (b) Upon the trial of any civil or criminal action or | ||||||
24 | proceeding arising
out of acts alleged to have been committed | ||||||
25 | by any person while driving or
in actual physical control of a | ||||||
26 | vehicle while under the influence of alcohol,
the concentration |
| |||||||
| |||||||
1 | of alcohol in the person's blood or breath at the time
alleged | ||||||
2 | as shown by analysis of the person's blood, urine, breath, or | ||||||
3 | other
bodily substance shall give rise to the following | ||||||
4 | presumptions:
| ||||||
5 | 1. If there was at that time an alcohol concentration | ||||||
6 | of 0.05 or less,
it shall be presumed that the person was | ||||||
7 | not under the influence of alcohol.
| ||||||
8 | 2. If there was at that time an alcohol concentration | ||||||
9 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
10 | give rise to any
presumption that
the person was or was not | ||||||
11 | under the influence of alcohol, but such fact
may be | ||||||
12 | considered with other competent evidence in determining | ||||||
13 | whether the
person was under the influence of alcohol.
| ||||||
14 | 3. If there was at that time an alcohol concentration | ||||||
15 | of 0.08
or more,
it shall be presumed that the person was | ||||||
16 | under the influence of alcohol.
| ||||||
17 | 4. The foregoing provisions of this Section shall not | ||||||
18 | be construed as
limiting the introduction of any other | ||||||
19 | relevant evidence bearing upon the
question whether the | ||||||
20 | person was under the influence of alcohol.
| ||||||
21 | (b-5) Upon the trial of any civil or criminal action or | ||||||
22 | proceeding arising out of acts alleged to have been committed | ||||||
23 | by any person while driving or in actual physical control of a | ||||||
24 | vehicle while under the influence of alcohol, other drug or | ||||||
25 | drugs, intoxicating compound or compounds or any combination | ||||||
26 | thereof, the concentration of cannabis in the person's whole |
| |||||||
| |||||||
1 | blood or other bodily substance at the time alleged as shown by | ||||||
2 | analysis of the person's blood or other bodily substance shall | ||||||
3 | give rise to the following presumptions: | ||||||
4 | 1. If there was a tetrahydrocannabinol concentration | ||||||
5 | of 5 nanograms or more in whole blood or 10 nanograms or | ||||||
6 | more in an other bodily substance as defined in this | ||||||
7 | Section, it shall be presumed that the person was under the | ||||||
8 | influence of cannabis. | ||||||
9 | 2. If there was at that time a tetrahydrocannabinol | ||||||
10 | concentration of less than 5 nanograms in whole blood or | ||||||
11 | less than 10 nanograms in an other bodily substance, such | ||||||
12 | facts shall not give rise to any
presumption that
the | ||||||
13 | person was or was not under the influence of cannabis, but | ||||||
14 | such fact
may be considered with other competent evidence | ||||||
15 | in determining whether the
person was under the influence | ||||||
16 | of cannabis.
| ||||||
17 | (c) 1. If a person under arrest refuses to submit to a | ||||||
18 | chemical test
under
the provisions of Section 11-501.1, | ||||||
19 | evidence of refusal shall be admissible
in any civil or | ||||||
20 | criminal action or proceeding arising out of acts alleged
to | ||||||
21 | have been committed while the person under the influence of | ||||||
22 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
23 | compounds, or
any combination thereof was driving or in actual | ||||||
24 | physical
control of a motor vehicle.
| ||||||
25 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
26 | submit to
these tests or any ability to revoke the implied |
| |||||||
| |||||||
1 | consent to these tests, if a
law enforcement officer has | ||||||
2 | probable cause to believe that a motor vehicle
driven by or in | ||||||
3 | actual physical control of a person under the influence of
| ||||||
4 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
5 | compounds,
or any combination thereof
has caused the death or
| ||||||
6 | personal injury to another, the law enforcement officer shall | ||||||
7 | request, and that person shall submit, upon the request of a | ||||||
8 | law
enforcement officer, to a chemical test or tests of his or | ||||||
9 | her blood, breath, other bodily substance, or
urine for the | ||||||
10 | purpose of
determining the alcohol content thereof or the | ||||||
11 | presence of any other drug or
combination of both.
| ||||||
12 | This provision does not affect the applicability of or | ||||||
13 | imposition of driver's
license sanctions under Section | ||||||
14 | 11-501.1 of this Code.
| ||||||
15 | 3. For purposes of this Section, a personal injury includes | ||||||
16 | any Type A
injury as indicated on the traffic crash accident | ||||||
17 | report completed by a law
enforcement officer that requires | ||||||
18 | immediate professional attention in either a
doctor's office or | ||||||
19 | a medical facility. A Type A injury includes severe
bleeding | ||||||
20 | wounds, distorted extremities, and injuries that require the | ||||||
21 | injured
party to be carried from the scene.
| ||||||
22 | (d) If a person refuses validated roadside chemical tests | ||||||
23 | or standardized field sobriety tests under Section 11-501.9 of | ||||||
24 | this Code, evidence of refusal shall be admissible in any civil | ||||||
25 | or criminal action or proceeding arising out of acts committed | ||||||
26 | while the person was driving or in actual physical control of a |
| |||||||
| |||||||
1 | vehicle and alleged to have been impaired by the use of | ||||||
2 | cannabis. | ||||||
3 | (e) Department of State Police compliance with the changes | ||||||
4 | in this amendatory Act of the 99th General Assembly concerning | ||||||
5 | testing of other bodily substances and tetrahydrocannabinol | ||||||
6 | concentration by Department of State Police laboratories is | ||||||
7 | subject to appropriation and until the Department of State | ||||||
8 | Police adopt standards and completion validation. Any | ||||||
9 | laboratories that test for the presence of cannabis or other | ||||||
10 | drugs under this Article, the Snowmobile Registration and | ||||||
11 | Safety Act, or the Boat Registration and Safety Act must comply | ||||||
12 | with ISO/IEC 17025:2005. | ||||||
13 | (Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)
| ||||||
14 | (625 ILCS 5/11-501.4-1)
| ||||||
15 | Sec. 11-501.4-1. Reporting of test results of blood, other | ||||||
16 | bodily substance, or urine conducted in
the regular course of | ||||||
17 | providing emergency medical treatment. | ||||||
18 | (a) Notwithstanding any other provision of law, the results | ||||||
19 | of blood, other bodily substance, or
urine
tests performed for | ||||||
20 | the purpose of determining the content of alcohol, other
drug | ||||||
21 | or drugs, or intoxicating compound or compounds, or any | ||||||
22 | combination
thereof, in an individual's blood, other bodily | ||||||
23 | substance, or urine conducted upon persons
receiving medical | ||||||
24 | treatment in a hospital emergency room for injuries resulting
| ||||||
25 | from a motor vehicle crash accident shall be disclosed
to the |
| |||||||
| |||||||
1 | Department
of State Police
or local law enforcement agencies of | ||||||
2 | jurisdiction, upon request.
Such blood, other bodily | ||||||
3 | substance, or urine tests are admissible in evidence as a | ||||||
4 | business record
exception to the hearsay rule only in | ||||||
5 | prosecutions for any violation of Section
11-501 of this Code | ||||||
6 | or a similar provision of a local ordinance, or in
prosecutions | ||||||
7 | for reckless homicide brought under the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012.
| ||||||
9 | (b) The confidentiality provisions of law pertaining to | ||||||
10 | medical records and
medical treatment shall not be applicable | ||||||
11 | with regard to tests performed upon
an
individual's blood, | ||||||
12 | other bodily substance, or urine under the provisions of | ||||||
13 | subsection (a) of this
Section. No person shall be liable for | ||||||
14 | civil damages or professional discipline
as a result of the | ||||||
15 | disclosure or reporting of the tests or the evidentiary
use of | ||||||
16 | an
individual's blood, other bodily substance, or urine test | ||||||
17 | results under this Section or Section 11-501.4
or as a result | ||||||
18 | of that person's testimony made available under this Section or
| ||||||
19 | Section 11-501.4, except for willful or wanton misconduct.
| ||||||
20 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
21 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
22 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
23 | fatal motor
vehicle crash accident ; chemical test. | ||||||
24 | (a) Any person who drives or is in actual control of a | ||||||
25 | motor vehicle
upon the public highways of this State and who |
| |||||||
| |||||||
1 | has been involved in a
personal injury or fatal motor vehicle | ||||||
2 | crash accident , shall be deemed to have
given consent to a | ||||||
3 | breath test using a portable device as approved by the
| ||||||
4 | Department of State Police or to a chemical test or tests
of | ||||||
5 | blood, breath, other bodily substance, or
urine for the purpose | ||||||
6 | of determining the content of alcohol,
other
drug or drugs, or | ||||||
7 | intoxicating compound or compounds of such
person's blood if | ||||||
8 | arrested as evidenced by the issuance of a Uniform Traffic
| ||||||
9 | Ticket for any violation of the Illinois Vehicle Code or a | ||||||
10 | similar provision of
a local ordinance, with the exception of | ||||||
11 | equipment violations contained in
Chapter 12 of this Code, or | ||||||
12 | similar provisions of local ordinances. The test
or tests shall | ||||||
13 | be administered at the direction of the arresting officer. The
| ||||||
14 | law enforcement agency employing the officer shall designate | ||||||
15 | which of the
aforesaid tests shall be administered. Up to 2 | ||||||
16 | additional tests of urine or other bodily substance may be | ||||||
17 | administered even
after a blood or breath test or both has been | ||||||
18 | administered. Compliance with
this Section does not relieve | ||||||
19 | such person from the requirements of Section
11-501.1 of this | ||||||
20 | Code. | ||||||
21 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
22 | in a
condition rendering such person incapable of refusal shall | ||||||
23 | be deemed not to
have withdrawn the consent provided by | ||||||
24 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
25 | vehicle is receiving medical treatment as a
result of a motor | ||||||
26 | vehicle crash accident , any physician licensed to practice
|
| |||||||
| |||||||
1 | medicine, licensed physician assistant, licensed advanced | ||||||
2 | practice registered nurse, registered nurse or a phlebotomist | ||||||
3 | acting under the direction of
a licensed physician shall | ||||||
4 | withdraw blood for testing purposes to ascertain
the presence | ||||||
5 | of alcohol, other drug or drugs, or intoxicating
compound or | ||||||
6 | compounds, upon the specific request of a law
enforcement | ||||||
7 | officer. However, no such testing shall be performed until, in
| ||||||
8 | the opinion of the medical personnel on scene, the withdrawal | ||||||
9 | can be made
without interfering with or endangering the | ||||||
10 | well-being of the patient. | ||||||
11 | (c) A person requested to submit to a test as provided | ||||||
12 | above shall be
warned by the law enforcement officer requesting | ||||||
13 | the test that a refusal to
submit to the test, or submission to | ||||||
14 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
15 | or testing discloses the presence of cannabis as listed in the | ||||||
16 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
17 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
18 | of this Code, or any amount of a drug, substance,
or | ||||||
19 | intoxicating compound
resulting from the unlawful use or | ||||||
20 | consumption of a controlled substance listed in the Illinois
| ||||||
21 | Controlled Substances Act, an intoxicating compound listed in | ||||||
22 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
23 | listed in the Methamphetamine Control and Community Protection | ||||||
24 | Act as detected in such person's blood, other bodily substance, | ||||||
25 | or urine, may
result in the suspension of such person's | ||||||
26 | privilege to operate a motor vehicle. If the person is also a |
| |||||||
| |||||||
1 | CDL holder, he or she shall be
warned by the law enforcement | ||||||
2 | officer requesting the test that a refusal to
submit to the | ||||||
3 | test, or submission to the test resulting in an alcohol
| ||||||
4 | concentration of 0.08 or more, or any amount of a drug, | ||||||
5 | substance,
or intoxicating compound
resulting from the | ||||||
6 | unlawful use or consumption of cannabis, as covered by the
| ||||||
7 | Cannabis Control Act, a controlled substance listed in the | ||||||
8 | Illinois
Controlled Substances Act, an intoxicating compound | ||||||
9 | listed in the Use of
Intoxicating Compounds Act, or | ||||||
10 | methamphetamine as listed in the Methamphetamine Control and | ||||||
11 | Community Protection Act as detected in the person's blood, | ||||||
12 | other bodily substance, or urine, may result in the | ||||||
13 | disqualification of the person's privilege to operate a | ||||||
14 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
15 | Code.
The length of the suspension shall be the same as | ||||||
16 | outlined in Section
6-208.1 of this Code regarding statutory | ||||||
17 | summary suspensions. | ||||||
18 | A person requested to submit to a test shall also | ||||||
19 | acknowledge, in writing, receipt of the warning required under | ||||||
20 | this Section. If the person refuses to acknowledge receipt of | ||||||
21 | the warning, the law enforcement officer shall make a written | ||||||
22 | notation on the warning that the person refused to sign the | ||||||
23 | warning. A person's refusal to sign the warning shall not be | ||||||
24 | evidence that the person was not read the warning. | ||||||
25 | (d) If the person refuses testing or submits to a test | ||||||
26 | which discloses
an alcohol concentration of 0.08 or more, the |
| |||||||
| |||||||
1 | presence of cannabis as listed in the Cannabis Control Act with | ||||||
2 | a tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
3 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
4 | amount of a drug,
substance,
or intoxicating compound in such | ||||||
5 | person's blood or urine resulting from the
unlawful use or
| ||||||
6 | consumption of a controlled
substance listed in the Illinois | ||||||
7 | Controlled Substances Act, an
intoxicating
compound listed in | ||||||
8 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
9 | listed in the Methamphetamine Control and Community Protection | ||||||
10 | Act, the law
enforcement officer shall immediately submit a | ||||||
11 | sworn report to the Secretary of
State on a form prescribed by | ||||||
12 | the Secretary, certifying that the test or tests
were requested | ||||||
13 | under subsection (a) and the person refused to submit to a
test | ||||||
14 | or tests or submitted to testing which disclosed an alcohol | ||||||
15 | concentration
of 0.08 or more, the presence of cannabis as | ||||||
16 | listed in the Cannabis Control Act with a tetrahydrocannabinol | ||||||
17 | concentration as defined in paragraph 6 of subsection (a) of | ||||||
18 | Section 11-501.2 of this Code, or any amount of a drug, | ||||||
19 | substance, or intoxicating
compound
in such
person's blood, | ||||||
20 | other bodily substance, or urine, resulting from the unlawful | ||||||
21 | use or consumption of
a controlled substance
listed in
the | ||||||
22 | Illinois Controlled Substances Act,
an intoxicating compound | ||||||
23 | listed in
the Use of Intoxicating Compounds Act, or | ||||||
24 | methamphetamine as listed in the Methamphetamine Control and | ||||||
25 | Community Protection Act. If the person is also a CDL holder | ||||||
26 | and refuses testing or submits to a test which discloses
an |
| |||||||
| |||||||
1 | alcohol concentration of 0.08 or more, or any amount of a drug,
| ||||||
2 | substance,
or intoxicating compound in the person's blood, | ||||||
3 | other bodily substance, or urine resulting from the
unlawful | ||||||
4 | use or
consumption of cannabis listed in the Cannabis Control | ||||||
5 | Act, a controlled
substance listed in the Illinois Controlled | ||||||
6 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
7 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
8 | Methamphetamine Control and Community Protection Act, the law
| ||||||
9 | enforcement officer shall immediately submit a sworn report to | ||||||
10 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
11 | certifying that the test or tests
were requested under | ||||||
12 | subsection (a) and the person refused to submit to a
test or | ||||||
13 | tests or submitted to testing which disclosed an alcohol | ||||||
14 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
15 | substance, or intoxicating
compound
in such
person's blood, | ||||||
16 | other bodily substance, or urine, resulting from the unlawful | ||||||
17 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
18 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
19 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
20 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
21 | Methamphetamine Control and Community Protection Act. | ||||||
22 | Upon receipt of the sworn report of a law enforcement | ||||||
23 | officer, the
Secretary shall enter the suspension and | ||||||
24 | disqualification to the individual's driving record and the
| ||||||
25 | suspension and disqualification shall be effective on the 46th | ||||||
26 | day following the date notice of the
suspension was given to |
| |||||||
| |||||||
1 | the person. | ||||||
2 | The law enforcement officer submitting the sworn report | ||||||
3 | shall serve immediate
notice of this suspension on the person | ||||||
4 | and such suspension and disqualification shall be effective
on | ||||||
5 | the 46th day following the date notice was given. | ||||||
6 | In cases involving a person who is not a CDL holder where | ||||||
7 | the blood alcohol concentration of 0.08 or more,
or blood | ||||||
8 | testing discloses the presence of cannabis as listed in the | ||||||
9 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
10 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
11 | of this Code, or any amount
of a drug, substance, or | ||||||
12 | intoxicating compound resulting from the unlawful
use or
| ||||||
13 | consumption of a
controlled
substance listed in the Illinois | ||||||
14 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
15 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
16 | listed in the Methamphetamine Control and Community Protection | ||||||
17 | Act, is established by a
subsequent analysis of blood, other | ||||||
18 | bodily substance, or urine collected at the time of arrest, the
| ||||||
19 | arresting officer shall give notice as provided in this Section | ||||||
20 | or by deposit
in the United States mail of such notice in an | ||||||
21 | envelope with postage prepaid
and addressed to such person at | ||||||
22 | his or her address as shown on the Uniform Traffic
Ticket and | ||||||
23 | the suspension shall be effective on the 46th day following the | ||||||
24 | date
notice was given. | ||||||
25 | In cases involving a person who is a CDL holder where the | ||||||
26 | blood alcohol concentration of 0.08 or more,
or any amount
of a |
| |||||||
| |||||||
1 | drug, substance, or intoxicating compound resulting from the | ||||||
2 | unlawful
use or
consumption of cannabis as listed in the | ||||||
3 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
4 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
5 | listed in the Use of Intoxicating Compounds Act, or | ||||||
6 | methamphetamine as listed in the Methamphetamine Control and | ||||||
7 | Community Protection Act, is established by a
subsequent | ||||||
8 | analysis of blood, other bodily substance, or urine collected | ||||||
9 | at the time of arrest, the
arresting officer shall give notice | ||||||
10 | as provided in this Section or by deposit
in the United States | ||||||
11 | mail of such notice in an envelope with postage prepaid
and | ||||||
12 | addressed to the person at his or her address as shown on the | ||||||
13 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
14 | shall be effective on the 46th day following the date
notice | ||||||
15 | was given. | ||||||
16 | Upon receipt of the sworn report of a law enforcement | ||||||
17 | officer, the Secretary
shall also give notice of the suspension | ||||||
18 | and disqualification to the driver by mailing a notice of
the | ||||||
19 | effective date of the suspension and disqualification to the | ||||||
20 | individual. However, should the
sworn report be defective by | ||||||
21 | not containing sufficient information or be
completed in error, | ||||||
22 | the notice of the suspension and disqualification shall not be | ||||||
23 | mailed to the
person or entered to the driving record, but | ||||||
24 | rather the sworn report shall be
returned to the issuing law | ||||||
25 | enforcement agency. | ||||||
26 | (e) A driver may contest this suspension of his or her
|
| |||||||
| |||||||
1 | driving privileges and disqualification of his or her CDL | ||||||
2 | privileges by
requesting an administrative hearing with the | ||||||
3 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
4 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
5 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
6 | suspension and disqualification. If the Secretary does not | ||||||
7 | rescind the orders of suspension and disqualification, a | ||||||
8 | restricted
driving permit may be granted by the Secretary upon | ||||||
9 | application being made and
good cause shown. A restricted | ||||||
10 | driving permit may be granted to relieve undue
hardship to | ||||||
11 | allow driving for employment, educational, and medical | ||||||
12 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
13 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
14 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
15 | issue a restricted driving permit for the operation of a | ||||||
16 | commercial motor vehicle to a person holding a CDL whose | ||||||
17 | driving privileges have been suspended, revoked, cancelled, or | ||||||
18 | disqualified.
| ||||||
19 | (f) (Blank). | ||||||
20 | (g) For the purposes of this Section, a personal injury | ||||||
21 | shall include
any type A injury as indicated on the traffic | ||||||
22 | crash accident report completed
by a law enforcement officer | ||||||
23 | that requires immediate professional attention
in either a | ||||||
24 | doctor's office or a medical facility. A type A injury shall
| ||||||
25 | include severely bleeding wounds, distorted extremities, and | ||||||
26 | injuries that
require the injured party to be carried from the |
| |||||||
| |||||||
1 | scene. | ||||||
2 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
3 | 100-513, eff. 1-1-18 .)
| ||||||
4 | (625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
| ||||||
5 | Sec. 11-501.7.
(a) As a condition of probation or discharge | ||||||
6 | of a
person convicted of a violation of Section 11-501 of this | ||||||
7 | Code, who was
less than 21 years of age at the time of the | ||||||
8 | offense, or a person
adjudicated delinquent pursuant to the | ||||||
9 | Juvenile Court Act of 1987, for violation of
Section 11-501 of | ||||||
10 | this Code, the Court may order the offender to
participate in | ||||||
11 | the Youthful Intoxicated Drivers' Visitation Program.
The | ||||||
12 | Program shall consist of a supervised visitation as provided
by | ||||||
13 | this Section by the person to at least one of the following, to | ||||||
14 | the
extent that personnel and facilities are available:
| ||||||
15 | (1) A State or private rehabilitation facility that | ||||||
16 | cares for victims
of motor vehicle crashes accidents | ||||||
17 | involving persons under the influence of alcohol.
| ||||||
18 | (2) A facility which cares for advanced alcoholics to | ||||||
19 | observe
persons in the terminal stages of alcoholism, under | ||||||
20 | the supervision of
appropriately licensed medical | ||||||
21 | personnel.
| ||||||
22 | (3) If approved by the coroner of the county where the | ||||||
23 | person resides,
the county coroner's office or the county | ||||||
24 | morgue to observe appropriate
victims of motor vehicle | ||||||
25 | crashes accidents involving persons under the influence of
|
| |||||||
| |||||||
1 | alcohol, under the supervision of the coroner or deputy | ||||||
2 | coroner.
| ||||||
3 | (b) The Program shall be operated by the appropriate | ||||||
4 | probation
authorities of the courts of the various circuits. | ||||||
5 | The youthful offender
ordered to participate in the Program | ||||||
6 | shall bear all costs associated with
participation in the | ||||||
7 | Program. A parent or guardian of the offender may
assume the | ||||||
8 | obligation of the offender to pay the costs of the Program. The
| ||||||
9 | court may waive the requirement that the offender pay the costs | ||||||
10 | of
participation in the Program upon a finding of indigency.
| ||||||
11 | (c) As used in this Section, "appropriate victims" means | ||||||
12 | victims whose
condition is determined by the visit supervisor | ||||||
13 | to demonstrate the results of
motor vehicle crashes accidents | ||||||
14 | involving persons under the influence of alcohol
without being | ||||||
15 | excessively gruesome or traumatic to the observer.
| ||||||
16 | (d) Any visitation shall include, before any observation of | ||||||
17 | victims or
persons with disabilities, a comprehensive | ||||||
18 | counseling session with the visitation
supervisor at which the | ||||||
19 | supervisor shall explain and discuss the
experiences which may | ||||||
20 | be encountered during the visitation in order to
ascertain | ||||||
21 | whether the visitation is appropriate.
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19.)
| ||||||
23 | (625 ILCS 5/11-501.8)
| ||||||
24 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
25 | under age 21.
|
| |||||||
| |||||||
1 | (a) A person who is less than 21 years of age and who | ||||||
2 | drives or
is in actual physical control of a motor vehicle upon | ||||||
3 | the
public highways of this State shall be deemed to have given | ||||||
4 | consent to a
chemical test or tests of blood, breath, other | ||||||
5 | bodily substance, or urine for the purpose of
determining the | ||||||
6 | alcohol content of the person's blood if arrested, as evidenced
| ||||||
7 | by the issuance of a Uniform Traffic Ticket for any violation | ||||||
8 | of the Illinois
Vehicle Code or a similar provision of a local | ||||||
9 | ordinance, if a police officer
has probable cause to believe | ||||||
10 | that the driver has consumed any amount of an
alcoholic | ||||||
11 | beverage based upon evidence of the driver's physical condition | ||||||
12 | or
other first hand knowledge of the police officer. The test | ||||||
13 | or tests shall be
administered at the direction of the | ||||||
14 | arresting officer. The law enforcement
agency employing the | ||||||
15 | officer shall designate which of the aforesaid tests shall
be | ||||||
16 | administered. Up to 2 additional tests of urine or other bodily | ||||||
17 | substance may be administered even after a blood or
breath test | ||||||
18 | or both has been administered.
| ||||||
19 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
20 | in a condition
rendering that person incapable of refusal, | ||||||
21 | shall be deemed not to have
withdrawn the consent provided by | ||||||
22 | paragraph (a) of this Section and the test or
tests may be | ||||||
23 | administered subject to the following provisions:
| ||||||
24 | (i) Chemical analysis of the person's blood, urine, | ||||||
25 | breath, or
other bodily substance, to be considered valid | ||||||
26 | under the provisions of this
Section, shall have been |
| |||||||
| |||||||
1 | performed according to standards promulgated by the | ||||||
2 | Department of State
Police
by an individual possessing a | ||||||
3 | valid permit issued by that Department for this
purpose. | ||||||
4 | The Director of State Police is authorized to approve | ||||||
5 | satisfactory
techniques or methods, to ascertain the | ||||||
6 | qualifications and competence of
individuals to conduct | ||||||
7 | analyses, to issue permits that shall be subject to
| ||||||
8 | termination or revocation at the direction of that | ||||||
9 | Department, and to certify
the accuracy of breath testing | ||||||
10 | equipment. The Department of
State Police shall prescribe | ||||||
11 | regulations as necessary.
| ||||||
12 | (ii) When a person submits to a blood test at the | ||||||
13 | request of a law
enforcement officer under the provisions | ||||||
14 | of this Section, only a physician
authorized to practice | ||||||
15 | medicine, a licensed physician assistant, a licensed | ||||||
16 | advanced practice registered nurse, a registered nurse, or | ||||||
17 | other qualified person
trained in venipuncture and acting | ||||||
18 | under the direction of a licensed physician
may withdraw | ||||||
19 | blood for the purpose of determining the alcohol content | ||||||
20 | therein.
This limitation does not apply to the taking of | ||||||
21 | breath, other bodily substance, or urine specimens.
| ||||||
22 | (iii) The person tested may have a physician, qualified | ||||||
23 | technician,
chemist, registered nurse, or other qualified | ||||||
24 | person of his or her own choosing
administer a chemical | ||||||
25 | test or tests in addition to any test or tests
administered | ||||||
26 | at the direction of a law enforcement officer. The failure |
| |||||||
| |||||||
1 | or
inability to obtain an additional test by a person shall | ||||||
2 | not preclude the
consideration of the previously performed | ||||||
3 | chemical test.
| ||||||
4 | (iv) Upon a request of the person who submits to a | ||||||
5 | chemical test or
tests at the request of a law enforcement | ||||||
6 | officer, full information concerning
the test or tests | ||||||
7 | shall be made available to the person or that person's
| ||||||
8 | attorney.
| ||||||
9 | (v) Alcohol concentration means either grams of | ||||||
10 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
11 | per 210 liters of breath.
| ||||||
12 | (vi) If a driver is receiving medical treatment as a | ||||||
13 | result of a motor
vehicle crashes accident , a physician | ||||||
14 | licensed to practice medicine, licensed physician | ||||||
15 | assistant, licensed advanced practice registered nurse, | ||||||
16 | registered nurse,
or other qualified person trained in | ||||||
17 | venipuncture and
acting under the direction of a licensed | ||||||
18 | physician shall
withdraw blood for testing purposes to | ||||||
19 | ascertain the presence of alcohol upon
the specific request | ||||||
20 | of a law enforcement officer. However, that testing
shall | ||||||
21 | not be performed until, in the opinion of the medical | ||||||
22 | personnel on scene,
the withdrawal can be made without | ||||||
23 | interfering with or endangering the
well-being of the | ||||||
24 | patient.
| ||||||
25 | (c) A person requested to submit to a test as provided | ||||||
26 | above shall be warned
by the law enforcement officer requesting |
| |||||||
| |||||||
1 | the test that a refusal to submit to
the test, or submission to | ||||||
2 | the test resulting in an alcohol concentration of
more than | ||||||
3 | 0.00, may result in the loss of that person's privilege to | ||||||
4 | operate a
motor vehicle and may result in the disqualification | ||||||
5 | of the person's privilege to operate a commercial motor | ||||||
6 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
7 | person is a CDL holder. The loss of driving privileges shall be | ||||||
8 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
9 | A person requested to submit to a test shall also | ||||||
10 | acknowledge, in writing, receipt of the warning required under | ||||||
11 | this Section. If the person refuses to acknowledge receipt of | ||||||
12 | the warning, the law enforcement officer shall make a written | ||||||
13 | notation on the warning that the person refused to sign the | ||||||
14 | warning. A person's refusal to sign the warning shall not be | ||||||
15 | evidence that the person was not read the warning. | ||||||
16 | (d) If the person refuses testing or submits to a test that | ||||||
17 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
18 | enforcement officer shall
immediately submit a sworn report to | ||||||
19 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
20 | State, certifying that the test or tests were
requested under | ||||||
21 | subsection (a) and the person refused to submit to a test
or | ||||||
22 | tests or submitted to testing which disclosed an alcohol | ||||||
23 | concentration of
more than 0.00. The law enforcement officer | ||||||
24 | shall submit the same sworn report
when a person under the age | ||||||
25 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
26 | and the testing discloses an alcohol concentration of
more than |
| |||||||
| |||||||
1 | 0.00 and less than 0.08.
| ||||||
2 | Upon receipt of the sworn report of a law enforcement | ||||||
3 | officer, the Secretary
of State shall enter the suspension and | ||||||
4 | disqualification on the individual's driving
record and the | ||||||
5 | suspension and disqualification shall be effective on the 46th | ||||||
6 | day following the date
notice of the suspension was given to | ||||||
7 | the person. If this suspension is the
individual's first | ||||||
8 | driver's license suspension under this Section, reports
| ||||||
9 | received by the Secretary of State under this Section shall, | ||||||
10 | except during the
time the suspension is in effect, be | ||||||
11 | privileged information and for use only by
the courts, police | ||||||
12 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
13 | the individual personally, unless the person is a CDL holder, | ||||||
14 | is operating a commercial motor vehicle or vehicle required to | ||||||
15 | be placarded for hazardous materials, in which case the | ||||||
16 | suspension shall not be privileged.
Reports received by the | ||||||
17 | Secretary of State under this Section shall also be made | ||||||
18 | available to the parent or guardian of a person under the age | ||||||
19 | of 18 years that holds an instruction permit or a graduated | ||||||
20 | driver's license, regardless of whether the suspension is in | ||||||
21 | effect.
| ||||||
22 | The law enforcement officer submitting the sworn report | ||||||
23 | shall serve immediate
notice of this suspension on the person | ||||||
24 | and the suspension and disqualification shall
be effective on | ||||||
25 | the 46th day following the date notice was given.
| ||||||
26 | In cases where the blood alcohol concentration of more than |
| |||||||
| |||||||
1 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
2 | bodily substance, or urine, the police officer or
arresting | ||||||
3 | agency shall give notice as provided in this Section or by | ||||||
4 | deposit
in the United States mail of that notice in an envelope | ||||||
5 | with postage prepaid
and addressed to that person at his last | ||||||
6 | known address and the loss of driving
privileges shall be | ||||||
7 | effective on the 46th day following the date notice was
given.
| ||||||
8 | Upon receipt of the sworn report of a law enforcement | ||||||
9 | officer, the Secretary
of State shall also give notice of the | ||||||
10 | suspension and disqualification to the driver
by mailing a | ||||||
11 | notice of the effective date of the suspension and | ||||||
12 | disqualification to the individual.
However, should the sworn | ||||||
13 | report be defective by not containing sufficient
information or | ||||||
14 | be completed in error, the notice of the suspension and | ||||||
15 | disqualification shall not be mailed to the person or entered | ||||||
16 | to the driving record,
but rather the sworn report shall be | ||||||
17 | returned to the issuing law enforcement
agency.
| ||||||
18 | (e) A driver may contest this suspension and | ||||||
19 | disqualification by requesting an
administrative hearing with | ||||||
20 | the Secretary of State in accordance with Section
2-118 of this | ||||||
21 | Code. An individual whose blood alcohol concentration is shown
| ||||||
22 | to be more than 0.00 is not subject to this Section if he or she | ||||||
23 | consumed
alcohol in the performance of a religious service or | ||||||
24 | ceremony. An individual
whose blood alcohol concentration is | ||||||
25 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
26 | if the individual's blood alcohol concentration
resulted only |
| |||||||
| |||||||
1 | from ingestion of the prescribed or recommended dosage of
| ||||||
2 | medicine that contained alcohol. The petition for that hearing | ||||||
3 | shall not stay
or delay the effective date of the impending | ||||||
4 | suspension. The scope of this
hearing shall be limited to the | ||||||
5 | issues of:
| ||||||
6 | (1) whether the police officer had probable cause to | ||||||
7 | believe that the
person was driving or in actual physical | ||||||
8 | control of a motor vehicle upon the
public highways of the | ||||||
9 | State and the police officer had reason to believe that
the | ||||||
10 | person was in violation of any provision of the Illinois | ||||||
11 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
12 | and
| ||||||
13 | (2) whether the person was issued a Uniform Traffic | ||||||
14 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
15 | similar provision of a local
ordinance; and
| ||||||
16 | (3) whether the police officer had probable cause to | ||||||
17 | believe that the
driver
had consumed any amount of an | ||||||
18 | alcoholic beverage based upon the driver's
physical | ||||||
19 | actions or other first-hand knowledge of the police | ||||||
20 | officer; and
| ||||||
21 | (4) whether the person, after being advised by the | ||||||
22 | officer that the
privilege to operate a motor vehicle would | ||||||
23 | be suspended if the person refused
to submit to and | ||||||
24 | complete the test or tests, did refuse to submit to or
| ||||||
25 | complete the test or tests to determine the person's | ||||||
26 | alcohol concentration;
and
|
| |||||||
| |||||||
1 | (5) whether the person, after being advised by the | ||||||
2 | officer that the
privileges to operate a motor vehicle | ||||||
3 | would be suspended if the person submits
to a chemical test | ||||||
4 | or tests and the test or tests disclose an alcohol
| ||||||
5 | concentration of more than 0.00, did submit to and
complete | ||||||
6 | the
test or tests that determined an alcohol concentration | ||||||
7 | of more than 0.00; and
| ||||||
8 | (6) whether the test result of an alcohol concentration | ||||||
9 | of more than 0.00
was based upon the person's consumption | ||||||
10 | of alcohol in the performance of a
religious service or | ||||||
11 | ceremony; and
| ||||||
12 | (7) whether the test result of an alcohol concentration | ||||||
13 | of more than 0.00
was based upon the person's consumption | ||||||
14 | of alcohol through ingestion of the
prescribed or | ||||||
15 | recommended dosage of medicine.
| ||||||
16 | At the conclusion of the hearing held under Section 2-118 | ||||||
17 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
18 | modify the suspension and disqualification. If the Secretary of | ||||||
19 | State does not rescind the suspension and disqualification, a
| ||||||
20 | restricted driving permit may be granted by the Secretary of | ||||||
21 | State upon
application being made and good cause shown. A | ||||||
22 | restricted driving permit may be
granted to relieve undue | ||||||
23 | hardship by allowing driving for employment,
educational, and | ||||||
24 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
25 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
26 | Section
6-206 of this Code and of subsection (f) of that |
| |||||||
| |||||||
1 | Section shall apply. The Secretary of State shall promulgate | ||||||
2 | rules
providing for participation in an alcohol education and | ||||||
3 | awareness program or
activity, a drug education and awareness | ||||||
4 | program or activity, or both as a
condition to the issuance of | ||||||
5 | a restricted driving permit for suspensions
imposed under this | ||||||
6 | Section.
| ||||||
7 | (f) The results of any chemical testing performed in | ||||||
8 | accordance with
subsection (a) of this Section are not | ||||||
9 | admissible in any civil or criminal
proceeding, except that the | ||||||
10 | results of the testing may be considered at a
hearing held | ||||||
11 | under Section 2-118 of this Code. However, the results of
the | ||||||
12 | testing may not be used to impose driver's license sanctions | ||||||
13 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
14 | may, however, pursue
a statutory summary suspension or | ||||||
15 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
16 | Code if other physical evidence or first hand knowledge forms | ||||||
17 | the basis
of that suspension or revocation.
| ||||||
18 | (g) This Section applies only to drivers who are under
age | ||||||
19 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
20 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
21 | of a local
ordinance, and a chemical test request is made under | ||||||
22 | this Section.
| ||||||
23 | (h) The action of the Secretary of State in suspending, | ||||||
24 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
25 | shall be
subject to judicial review in the Circuit Court of | ||||||
26 | Sangamon County or in the
Circuit Court of Cook County, and the |
| |||||||
| |||||||
1 | provisions of the Administrative Review
Law and its rules are | ||||||
2 | hereby adopted and shall apply to and govern every action
for | ||||||
3 | the judicial review of final acts or decisions of the Secretary | ||||||
4 | of State
under this Section.
| ||||||
5 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
6 | 100-513, eff. 1-1-18 .)
| ||||||
7 | (625 ILCS 5/11-506) | ||||||
8 | Sec. 11-506. Street racing; aggravated street racing. | ||||||
9 | (a) No person shall engage in street racing on any street | ||||||
10 | or highway of this State. | ||||||
11 | (b) No owner of any vehicle shall acquiesce in or permit | ||||||
12 | his or her vehicle to be used by another for the purpose of | ||||||
13 | street racing. | ||||||
14 | (c) For the purposes of this Section, the following words | ||||||
15 | shall have the meanings ascribed to them: | ||||||
16 | "Acquiesce" or "permit" means actual knowledge that the | ||||||
17 | motor vehicle was to be used for the purpose of street racing. | ||||||
18 | "Street racing" means: | ||||||
19 | (1) The operation of 2 or more vehicles from a point | ||||||
20 | side by side at accelerating speeds in a competitive | ||||||
21 | attempt to outdistance each other; or | ||||||
22 | (2) The operation of one or more vehicles over a common | ||||||
23 | selected course, each starting at the same point, for the | ||||||
24 | purpose of comparing the relative speeds or power of | ||||||
25 | acceleration of such vehicle or vehicles within a certain |
| |||||||
| |||||||
1 | distance or time limit; or | ||||||
2 | (3) The use of one or more vehicles in an attempt to | ||||||
3 | outgain or outdistance another vehicle; or | ||||||
4 | (4) The use of one or more vehicles to prevent another | ||||||
5 | vehicle from passing; or | ||||||
6 | (5) The use of one or more vehicles to arrive at a | ||||||
7 | given destination ahead of another vehicle or vehicles; or | ||||||
8 | (6) The use of one or more vehicles to test the | ||||||
9 | physical stamina or endurance of drivers over | ||||||
10 | long-distance driving routes. | ||||||
11 | (d) Penalties. | ||||||
12 | (1) Any person who is convicted of a violation of | ||||||
13 | subsection (a) shall be guilty of a Class A misdemeanor for | ||||||
14 | the first offense and shall be subject to a minimum fine of | ||||||
15 | $250. Any person convicted of a violation of subsection (a) | ||||||
16 | a second or subsequent time shall be guilty of a Class 4 | ||||||
17 | felony and shall be subject to a minimum fine of $500. The | ||||||
18 | driver's license of any person convicted of subsection (a) | ||||||
19 | shall be revoked in the manner provided by Section 6-205 of | ||||||
20 | this Code. | ||||||
21 | (2) Any person who is convicted of a violation of | ||||||
22 | subsection (b) shall be guilty of a Class B misdemeanor. | ||||||
23 | Any person who is convicted of subsection (b) for a second | ||||||
24 | or subsequent time shall be guilty of a Class A | ||||||
25 | misdemeanor. | ||||||
26 | (3) Every person convicted of committing a violation of |
| |||||||
| |||||||
1 | subsection (a) of this Section shall be guilty of | ||||||
2 | aggravated street racing if the person, in committing a | ||||||
3 | violation of subsection (a) was involved in a motor vehicle | ||||||
4 | crashes accident that resulted in great bodily harm or | ||||||
5 | permanent disability or disfigurement to another, where | ||||||
6 | the violation was a proximate cause of the injury. | ||||||
7 | Aggravated street racing is a Class 4 felony for which the | ||||||
8 | defendant, if sentenced to a term of imprisonment shall be | ||||||
9 | sentenced to not less than one year nor more than 12 years.
| ||||||
10 | (Source: P.A. 95-310, eff. 1-1-08.)
| ||||||
11 | (625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
| ||||||
12 | Sec. 11-610. Charging Violations and Rule in Civil Actions. | ||||||
13 | (a) In every charge of violation of
any speed regulation in | ||||||
14 | this article the complaint, and
also the summons or notice to | ||||||
15 | appear, shall specify the
speed at which the defendant is | ||||||
16 | alleged to have driven and
the maximum speed applicable within | ||||||
17 | the district or at the location.
| ||||||
18 | (b) The provision of this article
declaring maximum speed | ||||||
19 | limitations
shall not be construed to relieve the plaintiff in | ||||||
20 | any
action from the burden of proving negligence on the
part of | ||||||
21 | the defendant as the proximate cause of a crash an accident .
| ||||||
22 | (Source: P.A. 79-1069.)
| ||||||
23 | (625 ILCS 5/11-1431) | ||||||
24 | Sec. 11-1431. Solicitations at crash accident or |
| |||||||
| |||||||
1 | disablement scene prohibited. | ||||||
2 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
3 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
4 | of a motor vehicle crash accident or at or near a damaged or | ||||||
5 | disabled vehicle for the purpose of soliciting the owner or | ||||||
6 | operator of the damaged or disabled vehicle to enter into a | ||||||
7 | towing service transaction; or (ii) stop at the scene of a | ||||||
8 | crash an accident or at or near a damaged or disabled vehicle | ||||||
9 | unless called to the location by a law enforcement officer, the | ||||||
10 | Illinois Department of Transportation, the Illinois State Toll | ||||||
11 | Highway Authority, a local agency having jurisdiction over the | ||||||
12 | highway, the
owner or operator of the damaged or disabled | ||||||
13 | vehicle, or the owner or operator's authorized agent, including | ||||||
14 | his or her insurer or motor club of which the owner or operator | ||||||
15 | is a member. This Section shall not apply to employees of the | ||||||
16 | Department, the Illinois State Toll Highway Authority, or local | ||||||
17 | agencies when engaged in their official duties. Nothing in this | ||||||
18 | Section shall prevent a tower from stopping at the scene of a | ||||||
19 | motor vehicle crash accident or at or near a
damaged or | ||||||
20 | disabled vehicle if the owner or operator signals the tower for | ||||||
21 | assistance from the location of the motor vehicle crash | ||||||
22 | accident or damaged or disabled vehicle.
| ||||||
23 | (b) A person or company who violates this Section is guilty | ||||||
24 | of a Class 4 felony. A person convicted of violating this | ||||||
25 | Section shall also have his or her driver's license, permit, or | ||||||
26 | privileges suspended for 3 months. After the expiration of the |
| |||||||
| |||||||
1 | 3-month suspension, the person's driver's license, permit, or | ||||||
2 | privileges shall not be reinstated until he or she has paid a | ||||||
3 | reinstatement fee of $100. If a person violates this Section | ||||||
4 | while his or her driver's license, permit, or privileges are | ||||||
5 | suspended under this subsection (b), his or her driver's | ||||||
6 | license, permit, or privileges shall be suspended for an | ||||||
7 | additional 6 months, and shall not be reinstated after the | ||||||
8 | expiration of the 6-month suspension until he or she pays a | ||||||
9 | reinstatement fee of $100. A vehicle owner, or his or her | ||||||
10 | authorized agent or automobile insurer, may bring a claim | ||||||
11 | against a company or person who willfully and materially | ||||||
12 | violates this Section. A court may award the prevailing party | ||||||
13 | reasonable attorney's fees, costs, and expenses relating to | ||||||
14 | that action. | ||||||
15 | (Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; | ||||||
16 | 100-201, eff. 8-18-17.)
| ||||||
17 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
18 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
19 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
20 | (a) The use of red or white oscillating, rotating or | ||||||
21 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
22 | except on:
| ||||||
23 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
24 | authorities;
| ||||||
25 | 2. A vehicle operated by a police officer or county |
| |||||||
| |||||||
1 | coroner
and designated or authorized by local authorities, | ||||||
2 | in writing, as a law
enforcement vehicle; however, such | ||||||
3 | designation or authorization must
be carried in the | ||||||
4 | vehicle;
| ||||||
5 | 2.1. A vehicle operated by a fire chief, deputy fire | ||||||
6 | chief, or assistant fire chief who has completed an | ||||||
7 | emergency vehicle operation training course approved by | ||||||
8 | the Office of the State Fire Marshal and designated or | ||||||
9 | authorized by local authorities, in writing, as a fire | ||||||
10 | department, fire protection district, or township fire | ||||||
11 | department vehicle; however, the designation or | ||||||
12 | authorization must
be carried in the vehicle, and the | ||||||
13 | lights may be visible or activated only when responding to | ||||||
14 | a bona fide emergency;
| ||||||
15 | 3. Vehicles of local fire departments and State or | ||||||
16 | federal
firefighting vehicles;
| ||||||
17 | 4. Vehicles which are designed and used exclusively as | ||||||
18 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
19 | shall not be lighted except
when responding to an emergency | ||||||
20 | call for and while actually conveying the
sick or injured;
| ||||||
21 | 4.5. Vehicles which are occasionally used as rescue | ||||||
22 | vehicles that have been authorized for use as rescue | ||||||
23 | vehicles by a volunteer EMS provider, provided that the | ||||||
24 | operator of the vehicle has successfully completed an | ||||||
25 | emergency vehicle operation training course recognized by | ||||||
26 | the Department of Public Health; furthermore, the lights |
| |||||||
| |||||||
1 | shall not be lighted except when responding to an emergency | ||||||
2 | call for the sick or injured; | ||||||
3 | 5. Tow trucks licensed in a state that requires such | ||||||
4 | lights;
furthermore, such lights shall not be lighted on | ||||||
5 | any such tow truck while the
tow truck is
operating in the | ||||||
6 | State of Illinois;
| ||||||
7 | 6. Vehicles of the Illinois Emergency Management | ||||||
8 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
9 | Marshal, vehicles of the Illinois Department of Public | ||||||
10 | Health, vehicles of
the
Illinois Department of | ||||||
11 | Corrections, and vehicles of the Illinois Department of | ||||||
12 | Juvenile Justice;
| ||||||
13 | 7. Vehicles operated by a local or county emergency | ||||||
14 | management
services agency as defined in the Illinois | ||||||
15 | Emergency
Management Agency Act;
| ||||||
16 | 8. School buses operating alternately flashing head | ||||||
17 | lamps as permitted
under Section 12-805 of this Code;
| ||||||
18 | 9. Vehicles that are equipped and used exclusively as | ||||||
19 | organ transplant
vehicles when used in combination with | ||||||
20 | blue oscillating, rotating, or flashing
lights; | ||||||
21 | furthermore, these lights shall be lighted only when the | ||||||
22 | transportation
is declared an emergency by a member of the | ||||||
23 | transplant team or a representative
of the organ | ||||||
24 | procurement organization; | ||||||
25 | 10. Vehicles of the Illinois Department of Natural | ||||||
26 | Resources that are used for mine rescue and explosives |
| |||||||
| |||||||
1 | emergency response; | ||||||
2 | 11. Vehicles of the Illinois Department of | ||||||
3 | Transportation identified as Emergency Traffic Patrol; the | ||||||
4 | lights shall not be lighted except when responding to an | ||||||
5 | emergency call or when parked or stationary while engaged | ||||||
6 | in motor vehicle assistance or at the scene of the | ||||||
7 | emergency; and | ||||||
8 | 12. Vehicles of the Illinois State Toll Highway
| ||||||
9 | Authority with a gross vehicle weight rating of 9,000 | ||||||
10 | pounds or more and those identified as Highway Emergency | ||||||
11 | Lane Patrol; the lights shall not be lighted except when | ||||||
12 | responding to an emergency call or when parked or | ||||||
13 | stationary while engaged in motor vehicle assistance or at | ||||||
14 | the scene of the emergency. | ||||||
15 | (b) The use of amber oscillating, rotating or flashing | ||||||
16 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
17 | 1. Second division vehicles designed and used for | ||||||
18 | towing or hoisting
vehicles; furthermore, such lights | ||||||
19 | shall not be lighted except as
required in
this paragraph | ||||||
20 | 1; such lights shall be lighted
when such vehicles are | ||||||
21 | actually being
used at the scene of a crash an accident or
| ||||||
22 | disablement; if the towing vehicle is equipped with a flat | ||||||
23 | bed that
supports all wheels of the vehicle being | ||||||
24 | transported, the lights shall not be
lighted while the | ||||||
25 | vehicle is engaged in towing on a highway; if the towing
| ||||||
26 | vehicle is not equipped with a flat bed that supports all |
| |||||||
| |||||||
1 | wheels of a vehicle
being transported, the lights shall be | ||||||
2 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
3 | highway during all
times when the use
of headlights is | ||||||
4 | required under Section 12-201 of this Code; in addition, | ||||||
5 | these vehicles may use white oscillating, rotating, or | ||||||
6 | flashing lights in combination with amber oscillating, | ||||||
7 | rotating, or flashing lights as provided in this paragraph;
| ||||||
8 | 2. Motor vehicles or equipment of the State of | ||||||
9 | Illinois, the Illinois State Toll Highway Authority, local | ||||||
10 | authorities
and contractors; furthermore, such lights | ||||||
11 | shall not be lighted except while
such vehicles are engaged | ||||||
12 | in maintenance or construction operations within
the | ||||||
13 | limits of construction projects;
| ||||||
14 | 3. Vehicles or equipment used by engineering or survey | ||||||
15 | crews;
furthermore, such lights shall not be lighted except | ||||||
16 | while such vehicles
are actually engaged in work on a | ||||||
17 | highway;
| ||||||
18 | 4. Vehicles of public utilities, municipalities, or | ||||||
19 | other
construction, maintenance or automotive service | ||||||
20 | vehicles except that such
lights shall be lighted only as a | ||||||
21 | means for indicating the presence of a
vehicular traffic | ||||||
22 | hazard requiring unusual care in approaching, overtaking
| ||||||
23 | or passing while such vehicles are engaged in maintenance, | ||||||
24 | service or
construction on a highway;
| ||||||
25 | 5. Oversized vehicle or load; however, such lights | ||||||
26 | shall only be lighted
when moving under permit issued by |
| |||||||
| |||||||
1 | the Department under Section 15-301
of this Code;
| ||||||
2 | 6. The front and rear of motorized equipment owned and | ||||||
3 | operated by the
State of Illinois or any political | ||||||
4 | subdivision thereof, which is designed
and used for removal | ||||||
5 | of snow and ice from highways;
| ||||||
6 | 6.1. The front and rear of motorized equipment or | ||||||
7 | vehicles that (i) are not owned by the State of Illinois or | ||||||
8 | any political subdivision of the State, (ii) are designed | ||||||
9 | and used for removal of snow and ice from highways and | ||||||
10 | parking lots, and (iii) are equipped with a snow plow that | ||||||
11 | is 12 feet in width; these lights may not be lighted except | ||||||
12 | when the motorized equipment or vehicle is actually being | ||||||
13 | used for those purposes on behalf of a unit of government;
| ||||||
14 | 7. Fleet safety vehicles registered in another state, | ||||||
15 | furthermore, such
lights shall not be lighted except as | ||||||
16 | provided for in Section 12-212 of
this Code;
| ||||||
17 | 8. Such other vehicles as may be authorized by local | ||||||
18 | authorities;
| ||||||
19 | 9. Law enforcement vehicles of State or local | ||||||
20 | authorities when used in
combination with red oscillating, | ||||||
21 | rotating or flashing lights;
| ||||||
22 | 9.5. Propane delivery trucks;
| ||||||
23 | 10. Vehicles used for collecting or delivering mail for | ||||||
24 | the
United States Postal Service provided that such lights | ||||||
25 | shall not be lighted
except when such vehicles are actually | ||||||
26 | being used for such purposes;
|
| |||||||
| |||||||
1 | 10.5. Vehicles of the Office of the Illinois State Fire | ||||||
2 | Marshal, provided that such lights shall not be lighted | ||||||
3 | except for when such vehicles are engaged in work for the | ||||||
4 | Office of the Illinois State Fire Marshal; | ||||||
5 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
6 | emblem as
provided in Section 12-205.1;
| ||||||
7 | 12. All trucks equipped with self-compactors or | ||||||
8 | roll-off hoists and
roll-on containers for garbage, | ||||||
9 | recycling, or refuse hauling. Such lights shall not be
| ||||||
10 | lighted except when such vehicles are actually being used | ||||||
11 | for such purposes;
| ||||||
12 | 13. Vehicles used by a security company, alarm | ||||||
13 | responder, control
agency, or the Illinois Department of | ||||||
14 | Corrections;
| ||||||
15 | 14. Security vehicles of the Department of Human | ||||||
16 | Services; however, the
lights shall not be lighted except | ||||||
17 | when being used for security related
purposes under the | ||||||
18 | direction of the superintendent of the facility where the
| ||||||
19 | vehicle is located; and
| ||||||
20 | 15. Vehicles of union representatives, except that the | ||||||
21 | lights shall be
lighted only while the vehicle is within | ||||||
22 | the limits of a construction
project.
| ||||||
23 | (c) The use of blue oscillating, rotating or flashing | ||||||
24 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
25 | 1. Rescue squad vehicles not owned by a fire department | ||||||
26 | and
vehicles owned or operated by a:
|
| |||||||
| |||||||
1 | voluntary firefighter;
| ||||||
2 | paid firefighter;
| ||||||
3 | part-paid firefighter;
| ||||||
4 | call firefighter;
| ||||||
5 | member of the board of trustees of a fire | ||||||
6 | protection district;
| ||||||
7 | paid or unpaid member of a rescue squad;
| ||||||
8 | paid or unpaid member of a voluntary ambulance | ||||||
9 | unit; or
| ||||||
10 | paid or unpaid members of a local or county | ||||||
11 | emergency management
services agency as defined in the | ||||||
12 | Illinois Emergency Management Agency Act,
designated | ||||||
13 | or authorized by local authorities, in writing, and | ||||||
14 | carrying that
designation or authorization in the | ||||||
15 | vehicle.
| ||||||
16 | However, such lights are not to be lighted except when | ||||||
17 | responding to a
bona fide emergency or when parked or | ||||||
18 | stationary at the scene of a fire, rescue call, ambulance | ||||||
19 | call, or motor vehicle crash accident .
| ||||||
20 | Any person using these lights in accordance with this | ||||||
21 | subdivision (c)1 must carry on his or her person an | ||||||
22 | identification card or letter identifying the bona fide | ||||||
23 | member of a fire department, fire protection district, | ||||||
24 | rescue squad, ambulance unit, or emergency management | ||||||
25 | services agency that owns or operates that vehicle. The | ||||||
26 | card or letter must include: |
| |||||||
| |||||||
1 | (A) the name of the fire department, fire | ||||||
2 | protection district, rescue squad, ambulance unit, or | ||||||
3 | emergency management services agency; | ||||||
4 | (B) the member's position within the fire | ||||||
5 | department, fire protection district, rescue squad, | ||||||
6 | ambulance unit, or emergency management services | ||||||
7 | agency; | ||||||
8 | (C) the member's term of service; and | ||||||
9 | (D) the name of a person within the fire | ||||||
10 | department, fire protection district, rescue squad, | ||||||
11 | ambulance unit, or emergency management services | ||||||
12 | agency to contact to verify the information provided.
| ||||||
13 | 2. Police department vehicles in cities having a | ||||||
14 | population of 500,000
or more inhabitants.
| ||||||
15 | 3. Law enforcement vehicles of State or local | ||||||
16 | authorities when used in
combination with red oscillating, | ||||||
17 | rotating or flashing lights.
| ||||||
18 | 4. Vehicles of local fire departments and State or | ||||||
19 | federal
firefighting vehicles when used in combination | ||||||
20 | with red oscillating,
rotating or flashing lights.
| ||||||
21 | 5. Vehicles which are designed and used exclusively as | ||||||
22 | ambulances or
rescue vehicles when used in combination with | ||||||
23 | red oscillating, rotating or
flashing lights; furthermore, | ||||||
24 | such lights shall not be lighted except when
responding to | ||||||
25 | an emergency call.
| ||||||
26 | 6. Vehicles that are equipped and used exclusively as |
| |||||||
| |||||||
1 | organ transport
vehicles when used in combination with red | ||||||
2 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
3 | these lights shall only be lighted when the transportation
| ||||||
4 | is declared an emergency by a member of the transplant team | ||||||
5 | or a
representative of the organ procurement organization.
| ||||||
6 | 7. Vehicles of the Illinois Emergency Management | ||||||
7 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
8 | Marshal, vehicles of the Illinois Department of Public | ||||||
9 | Health, vehicles of
the
Illinois Department of | ||||||
10 | Corrections, and vehicles of the Illinois Department of | ||||||
11 | Juvenile Justice, when used in combination with red | ||||||
12 | oscillating,
rotating, or flashing lights.
| ||||||
13 | 8. Vehicles operated by a local or county emergency | ||||||
14 | management
services agency as defined in the Illinois | ||||||
15 | Emergency Management Agency
Act, when used in combination | ||||||
16 | with red oscillating, rotating, or
flashing lights.
| ||||||
17 | 9. Vehicles of the Illinois Department of Natural | ||||||
18 | Resources that are used for mine rescue and explosives | ||||||
19 | emergency response, when used in combination with red | ||||||
20 | oscillating,
rotating, or flashing lights. | ||||||
21 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
22 | flashing
lights permitted under subsection (c), and | ||||||
23 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
24 | voluntary firefighter, a voluntary member
of a rescue squad, or | ||||||
25 | a member of a voluntary ambulance unit may be
equipped with | ||||||
26 | flashing white headlights and blue grill lights, which may
be |
| |||||||
| |||||||
1 | used only in responding to an emergency call or when parked or | ||||||
2 | stationary at the scene of a fire, rescue call, ambulance call, | ||||||
3 | or motor vehicle crash accident .
| ||||||
4 | (c-2) In addition to the blue oscillating, rotating, or | ||||||
5 | flashing
lights permitted under subsection (c), and | ||||||
6 | notwithstanding subsection (a),
a vehicle operated by a paid or | ||||||
7 | unpaid member of a local or county
emergency management | ||||||
8 | services agency as defined in the Illinois Emergency
Management | ||||||
9 | Agency Act, may be equipped with white oscillating, rotating,
| ||||||
10 | or flashing lights to be used in combination with blue | ||||||
11 | oscillating, rotating,
or flashing lights, if authorization by | ||||||
12 | local authorities is in
writing and carried in the vehicle.
| ||||||
13 | (d) The use of a combination of amber and white | ||||||
14 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
15 | unlighted, is prohibited except on second division vehicles | ||||||
16 | designed and used for towing or hoisting
vehicles or motor
| ||||||
17 | vehicles or equipment of the State of Illinois, local | ||||||
18 | authorities, contractors,
and union representatives; | ||||||
19 | furthermore, such lights shall
not be lighted on second | ||||||
20 | division vehicles designed and used for towing or hoisting
| ||||||
21 | vehicles or vehicles of the State of Illinois, local | ||||||
22 | authorities, and
contractors except while such vehicles are | ||||||
23 | engaged in a tow operation, highway maintenance, or
| ||||||
24 | construction operations within the limits of highway | ||||||
25 | construction projects, and
shall not be lighted on the vehicles | ||||||
26 | of union representatives except when those
vehicles are within |
| |||||||
| |||||||
1 | the limits of a construction project.
| ||||||
2 | (e) All oscillating, rotating or flashing lights referred | ||||||
3 | to in this Section
shall be of sufficient intensity, when | ||||||
4 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
5 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
6 | of oscillating,
rotating or flashing lights or his | ||||||
7 | representative or authorized vendor from temporarily mounting
| ||||||
8 | such lights on a vehicle for demonstration purposes only. If | ||||||
9 | the lights are not covered while the vehicle is operated upon a | ||||||
10 | highway, the vehicle shall display signage indicating that the | ||||||
11 | vehicle is out of service or not an emergency vehicle. The | ||||||
12 | signage shall be displayed on all sides of the vehicle in | ||||||
13 | letters at least 2 inches tall and one-half inch wide. A | ||||||
14 | vehicle authorized to have oscillating,
rotating, or flashing | ||||||
15 | lights mounted for demonstration purposes may not activate the | ||||||
16 | lights while the vehicle is operated upon a highway.
| ||||||
17 | (g) Any person violating the provisions of subsections (a), | ||||||
18 | (b), (c) or (d)
of this Section who without lawful authority | ||||||
19 | stops or detains or attempts
to stop or detain another person | ||||||
20 | shall be guilty of a Class 2 felony.
| ||||||
21 | (h) Except as provided in subsection (g) above, any person | ||||||
22 | violating the
provisions of subsections (a) or (c) of this | ||||||
23 | Section shall be guilty of a
Class A misdemeanor.
| ||||||
24 | (Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20 .)
| ||||||
25 | (625 ILCS 5/12-604.1) |
| |||||||
| |||||||
1 | Sec. 12-604.1. Video devices. | ||||||
2 | (a) A person may not operate a motor vehicle if a | ||||||
3 | television receiver, a video monitor, a television or video | ||||||
4 | screen, or any other similar means of visually displaying a | ||||||
5 | television broadcast or video signal that produces | ||||||
6 | entertainment or business applications is operating and is | ||||||
7 | located in the motor vehicle at any point forward of the back | ||||||
8 | of the driver's seat, or is operating and visible to the driver | ||||||
9 | while driving the motor vehicle.
| ||||||
10 | (a-5) A person commits aggravated use of a video device | ||||||
11 | when he or she violates subsection (a) and in committing the | ||||||
12 | violation he or she was involved in a motor vehicle crash | ||||||
13 | accident that results in great bodily harm, permanent | ||||||
14 | disability, disfigurement, or death to another and the | ||||||
15 | violation was a proximate cause of the injury or death. | ||||||
16 | (b) This Section does not apply to the following equipment, | ||||||
17 | whether or not permanently installed in a vehicle:
| ||||||
18 | (1) a vehicle information display;
| ||||||
19 | (2) a global positioning display;
| ||||||
20 | (3) a mapping or navigation display;
| ||||||
21 | (4) a visual display used to enhance or supplement the | ||||||
22 | driver's view forward, behind, or to the sides of a motor | ||||||
23 | vehicle for the purpose of maneuvering the vehicle; | ||||||
24 | (5) television-type receiving equipment used | ||||||
25 | exclusively for safety or traffic engineering studies; or
| ||||||
26 | (6) a television receiver, video monitor, television |
| |||||||
| |||||||
1 | or video screen, or any other similar means of visually | ||||||
2 | displaying a television broadcast or video signal, if that | ||||||
3 | equipment has an interlock device that, when the motor | ||||||
4 | vehicle is driven, disables the equipment for all uses | ||||||
5 | except as a visual display as described in paragraphs (1) | ||||||
6 | through (5) of this subsection (b).
| ||||||
7 | (c) This Section does not apply to a mobile, digital | ||||||
8 | terminal installed in an authorized emergency vehicle, a motor | ||||||
9 | vehicle providing emergency road service or roadside | ||||||
10 | assistance, or to motor vehicles utilized for public | ||||||
11 | transportation. | ||||||
12 | (d) This Section does not apply to a television receiver, | ||||||
13 | video monitor, television or video screen, or any other similar | ||||||
14 | means of visually displaying a television broadcast or video | ||||||
15 | signal if: (i) the equipment is permanently installed in the | ||||||
16 | motor vehicle; and (ii) the moving entertainment images that | ||||||
17 | the equipment displays are not visible to the driver while the | ||||||
18 | motor vehicle is in motion. | ||||||
19 | (d-5) This Section does not apply to a video event | ||||||
20 | recorder, as defined in Section 1-218.10 of this Code, | ||||||
21 | installed in a contract carrier vehicle. | ||||||
22 | (e) Except as provided in subsection (f) of this Section, a | ||||||
23 | person convicted of violating this Section is guilty of a petty | ||||||
24 | offense and shall be fined not more than $100 for a first | ||||||
25 | offense, not more than $200 for a second offense within one | ||||||
26 | year of a previous conviction, and not more than $250 for a |
| |||||||
| |||||||
1 | third or subsequent offense within one year of 2 previous | ||||||
2 | convictions.
| ||||||
3 | (f) A person convicted of violating subsection (a-5) | ||||||
4 | commits a Class A misdemeanor if the violation resulted in | ||||||
5 | great bodily harm, permanent disability, or disfigurement to | ||||||
6 | another. A person convicted of violating subsection (a-5) | ||||||
7 | commits a Class 4 felony if the violation resulted in the death | ||||||
8 | of another person. | ||||||
9 | (Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17 .)
| ||||||
10 | (625 ILCS 5/12-610.1) | ||||||
11 | Sec. 12-610.1. Wireless telephones. | ||||||
12 | (a) As used in this Section, "wireless telephone" means
a | ||||||
13 | device that is capable of transmitting or receiving
telephonic | ||||||
14 | communications without a wire connecting the
device to the | ||||||
15 | telephone network. | ||||||
16 | (b) A person under the age of 19 years who holds an | ||||||
17 | instruction permit issued under Section 6-105 or 6-107.1, or a | ||||||
18 | person under the age of 19 years who holds a graduated license | ||||||
19 | issued under Section 6-107, may not drive a vehicle on a | ||||||
20 | roadway while using a wireless phone.
| ||||||
21 | (b-5) A person under the age of 19 commits aggravated use | ||||||
22 | of a wireless telephone when he or she violates subsection (b) | ||||||
23 | and in committing the violation he or she was involved in a | ||||||
24 | motor vehicle crash accident that results in great bodily harm, | ||||||
25 | permanent disability, disfigurement, or death to another and |
| |||||||
| |||||||
1 | the violation was a proximate cause of the injury or death. | ||||||
2 | (c) This Section does not apply to a person under the age | ||||||
3 | of 19 years using a
wireless telephone for emergency purposes, | ||||||
4 | including, but not
limited to, an emergency call to a law | ||||||
5 | enforcement agency,
health care provider, fire department, or | ||||||
6 | other emergency
services agency or entity.
| ||||||
7 | (d) If a graduated driver's license holder over the age of | ||||||
8 | 18 committed an offense against traffic regulations governing | ||||||
9 | the movement of vehicles or any violation of Section 6-107 or | ||||||
10 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
11 | graduated driver's license holder's 18th birthday, and was | ||||||
12 | subsequently convicted of the violation, the provisions of | ||||||
13 | paragraph (b) shall continue to apply until such time as a | ||||||
14 | period of 6 consecutive months has elapsed without an | ||||||
15 | additional violation and subsequent conviction of an offense | ||||||
16 | against traffic regulations governing the movement of vehicles | ||||||
17 | or any violation of Section 6-107 or Section 12-603.1 of this | ||||||
18 | Code.
| ||||||
19 | (e) A person, regardless of age, may not use a wireless
| ||||||
20 | telephone at any time while operating a motor vehicle on a | ||||||
21 | roadway in a school speed
zone established under Section | ||||||
22 | 11-605, on a highway in a construction or
maintenance speed | ||||||
23 | zone established under Section 11-605.1, or within 500 feet of | ||||||
24 | an emergency scene. As used in this Section, "emergency scene" | ||||||
25 | means a location where an authorized emergency vehicle as | ||||||
26 | defined by Section 1-105 of this Code is
present and has |
| |||||||
| |||||||
1 | activated its oscillating, rotating, or flashing lights.
This | ||||||
2 | subsection (e) does not apply to (i) a person engaged in a
| ||||||
3 | highway construction or maintenance project for which a
| ||||||
4 | construction or maintenance speed zone has been established
| ||||||
5 | under Section 11-605.1, (ii) a person using a wireless
| ||||||
6 | telephone for emergency purposes, including, but not limited | ||||||
7 | to,
law enforcement agency, health care provider, fire | ||||||
8 | department, or other emergency services agency or entity, (iii) | ||||||
9 | a law enforcement officer or operator of an emergency vehicle | ||||||
10 | when performing the officer's or operator's official duties, | ||||||
11 | (iv) a person using a wireless telephone in voice-operated | ||||||
12 | mode, which may include the use of a headset, (v) a person | ||||||
13 | using a wireless telephone by pressing a single button to | ||||||
14 | initiate or terminate a voice communication, or (vi) a person | ||||||
15 | using an electronic communication device for the sole purpose | ||||||
16 | of reporting an emergency situation and continued | ||||||
17 | communication with emergency personnel during the emergency | ||||||
18 | situation. | ||||||
19 | (e-5) A person commits aggravated use of a wireless | ||||||
20 | telephone when he or she violates subsection (e) and in | ||||||
21 | committing the violation he or she was involved in a motor | ||||||
22 | vehicle crash accident that results in great bodily harm, | ||||||
23 | permanent disability, disfigurement, or death to another and | ||||||
24 | the violation was a proximate cause of the injury or death. | ||||||
25 | (f) A person convicted of violating subsection (b-5) or | ||||||
26 | (e-5) commits a Class A misdemeanor if the violation resulted |
| |||||||
| |||||||
1 | in great bodily harm, permanent disability, or disfigurement to | ||||||
2 | another. A person convicted of violating subsection (b-5) or | ||||||
3 | (e-5) commits a Class 4 felony if the violation resulted in the | ||||||
4 | death of another person. | ||||||
5 | (Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13; | ||||||
6 | 98-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
| ||||||
7 | (625 ILCS 5/12-610.2)
| ||||||
8 | (Text of Section before amendment by P.A. 101-90 )
| ||||||
9 | Sec. 12-610.2. Electronic communication devices. | ||||||
10 | (a) As used in this Section: | ||||||
11 | "Electronic communication device" means an electronic | ||||||
12 | device, including, but not limited to, a hand-held wireless | ||||||
13 | telephone, hand-held personal digital assistant, or a portable | ||||||
14 | or mobile computer, but does not include a global positioning | ||||||
15 | system or navigation system or a device that is physically or | ||||||
16 | electronically integrated into the motor vehicle. | ||||||
17 | (b) A person may not operate a motor vehicle on a roadway | ||||||
18 | while using an electronic communication device, including | ||||||
19 | using an electronic communication device to watch or stream | ||||||
20 | video. | ||||||
21 | (b-5) A person commits aggravated use of an electronic | ||||||
22 | communication device when he or she violates subsection (b) and | ||||||
23 | in committing the violation he or she is involved in a motor | ||||||
24 | vehicle crash accident that results in great bodily harm, | ||||||
25 | permanent disability, disfigurement, or death to another and |
| |||||||
| |||||||
1 | the violation is a proximate cause of the injury or death. | ||||||
2 | (c) A violation of this Section is an offense against | ||||||
3 | traffic regulations governing the movement of vehicles. A | ||||||
4 | person who violates this Section shall be fined a maximum of | ||||||
5 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
6 | third offense, and $150 for a fourth or subsequent offense. | ||||||
7 | (d) This Section does not apply to: | ||||||
8 | (1) a law enforcement officer or operator of an | ||||||
9 | emergency vehicle while performing his or her official | ||||||
10 | duties; | ||||||
11 | (1.5) a first responder, including a volunteer first | ||||||
12 | responder, while operating his or her own personal motor | ||||||
13 | vehicle using an electronic communication device for the | ||||||
14 | sole purpose of receiving information about an emergency | ||||||
15 | situation while en route to performing his or her official | ||||||
16 | duties; | ||||||
17 | (2) a driver using an electronic communication device | ||||||
18 | for the sole purpose of reporting an emergency situation | ||||||
19 | and continued communication with emergency personnel | ||||||
20 | during the emergency situation; | ||||||
21 | (3) a driver using an electronic communication device | ||||||
22 | in hands-free or voice-operated mode, which may include the | ||||||
23 | use of a headset; | ||||||
24 | (4) a driver of a commercial motor vehicle reading a | ||||||
25 | message displayed on a permanently installed communication | ||||||
26 | device designed for a commercial motor vehicle with a |
| |||||||
| |||||||
1 | screen that does not exceed 10 inches tall by 10 inches | ||||||
2 | wide in size; | ||||||
3 | (5) a driver using an electronic communication device | ||||||
4 | while parked on the shoulder of a roadway; | ||||||
5 | (6) a driver using an electronic communication device | ||||||
6 | when the vehicle is stopped due to normal traffic being | ||||||
7 | obstructed and the driver has the motor vehicle | ||||||
8 | transmission in neutral or park;
| ||||||
9 | (7) a driver using two-way or citizens band radio | ||||||
10 | services; | ||||||
11 | (8) a driver using two-way mobile radio transmitters or | ||||||
12 | receivers for licensees of the Federal Communications | ||||||
13 | Commission in the amateur radio service; | ||||||
14 | (9) a driver using an electronic communication device | ||||||
15 | by pressing a single button to initiate or terminate a | ||||||
16 | voice communication; or | ||||||
17 | (10) a driver using an electronic communication device | ||||||
18 | capable of performing multiple functions, other than a | ||||||
19 | hand-held wireless telephone or hand-held personal digital | ||||||
20 | assistant (for example, a fleet management system, | ||||||
21 | dispatching device, citizens band radio, or music player) | ||||||
22 | for a purpose that is not otherwise prohibited by this | ||||||
23 | Section. | ||||||
24 | (e) A person convicted of violating subsection (b-5) | ||||||
25 | commits a Class A misdemeanor if the violation resulted in | ||||||
26 | great bodily harm, permanent disability, or disfigurement to |
| |||||||
| |||||||
1 | another. A person convicted of violating subsection (b-5) | ||||||
2 | commits a Class 4 felony if the violation resulted in the death | ||||||
3 | of another person. | ||||||
4 | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||||||
5 | 101-81, eff. 7-12-19; 101-297, eff. 1-1-20.)
| ||||||
6 | (Text of Section after amendment by P.A. 101-90 )
| ||||||
7 | Sec. 12-610.2. Electronic communication devices. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Electronic communication device" means an electronic | ||||||
10 | device, including, but not limited to, a hand-held wireless | ||||||
11 | telephone, hand-held personal digital assistant, or a portable | ||||||
12 | or mobile computer, but does not include a global positioning | ||||||
13 | system or navigation system or a device that is physically or | ||||||
14 | electronically integrated into the motor vehicle. | ||||||
15 | (b) A person may not operate a motor vehicle on a roadway | ||||||
16 | while using an electronic communication device, including | ||||||
17 | using an electronic communication device to watch or stream | ||||||
18 | video. | ||||||
19 | (b-5) A person commits aggravated use of an electronic | ||||||
20 | communication device when he or she violates subsection (b) and | ||||||
21 | in committing the violation he or she is involved in a motor | ||||||
22 | vehicle crash accident that results in great bodily harm, | ||||||
23 | permanent disability, disfigurement, or death to another and | ||||||
24 | the violation is a proximate cause of the injury or death. | ||||||
25 | (c) A violation of this Section is an offense against |
| |||||||
| |||||||
1 | traffic regulations governing the movement of vehicles. A | ||||||
2 | person who violates this Section shall be fined a maximum of | ||||||
3 | $75 for a first offense, $100 for a second offense, $125 for a | ||||||
4 | third offense, and $150 for a fourth or subsequent offense, | ||||||
5 | except that a person who violates subsection (b-5) shall be | ||||||
6 | assessed a minimum fine of $1,000. | ||||||
7 | (d) This Section does not apply to: | ||||||
8 | (1) a law enforcement officer or operator of an | ||||||
9 | emergency vehicle while performing his or her official | ||||||
10 | duties; | ||||||
11 | (1.5) a first responder, including a volunteer first | ||||||
12 | responder, while operating his or her own personal motor | ||||||
13 | vehicle using an electronic communication device for the | ||||||
14 | sole purpose of receiving information about an emergency | ||||||
15 | situation while en route to performing his or her official | ||||||
16 | duties; | ||||||
17 | (2) a driver using an electronic communication device | ||||||
18 | for the sole purpose of reporting an emergency situation | ||||||
19 | and continued communication with emergency personnel | ||||||
20 | during the emergency situation; | ||||||
21 | (3) a driver using an electronic communication device | ||||||
22 | in hands-free or voice-operated mode, which may include the | ||||||
23 | use of a headset; | ||||||
24 | (4) a driver of a commercial motor vehicle reading a | ||||||
25 | message displayed on a permanently installed communication | ||||||
26 | device designed for a commercial motor vehicle with a |
| |||||||
| |||||||
1 | screen that does not exceed 10 inches tall by 10 inches | ||||||
2 | wide in size; | ||||||
3 | (5) a driver using an electronic communication device | ||||||
4 | while parked on the shoulder of a roadway; | ||||||
5 | (6) a driver using an electronic communication device | ||||||
6 | when the vehicle is stopped due to normal traffic being | ||||||
7 | obstructed and the driver has the motor vehicle | ||||||
8 | transmission in neutral or park;
| ||||||
9 | (7) a driver using two-way or citizens band radio | ||||||
10 | services; | ||||||
11 | (8) a driver using two-way mobile radio transmitters or | ||||||
12 | receivers for licensees of the Federal Communications | ||||||
13 | Commission in the amateur radio service; | ||||||
14 | (9) a driver using an electronic communication device | ||||||
15 | by pressing a single button to initiate or terminate a | ||||||
16 | voice communication; or | ||||||
17 | (10) a driver using an electronic communication device | ||||||
18 | capable of performing multiple functions, other than a | ||||||
19 | hand-held wireless telephone or hand-held personal digital | ||||||
20 | assistant (for example, a fleet management system, | ||||||
21 | dispatching device, citizens band radio, or music player) | ||||||
22 | for a purpose that is not otherwise prohibited by this | ||||||
23 | Section. | ||||||
24 | (e) A person convicted of violating subsection (b-5) | ||||||
25 | commits a Class A misdemeanor if the violation resulted in | ||||||
26 | great bodily harm, permanent disability, or disfigurement to |
| |||||||
| |||||||
1 | another. A person convicted of violating subsection (b-5) | ||||||
2 | commits a Class 4 felony if the violation resulted in the death | ||||||
3 | of another person. | ||||||
4 | (Source: P.A. 100-727, eff. 8-3-18; 100-858, eff. 7-1-19; | ||||||
5 | 101-81, eff. 7-12-19; 101-90, eff. 7-1-20; 101-297, eff. | ||||||
6 | 1-1-20; revised 9-24-19.)
| ||||||
7 | (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
| ||||||
8 | Sec. 12-707.01. Liability insurance. | ||||||
9 | (a) No school bus, first division vehicle including a taxi | ||||||
10 | which is used for a purpose that requires a school bus driver | ||||||
11 | permit, commuter van or
motor vehicle owned by or used for hire | ||||||
12 | by and in connection with the
operation of private or public | ||||||
13 | schools, day camps, summer camps or
nursery schools, and no | ||||||
14 | commuter van or passenger car used for a for-profit
ridesharing | ||||||
15 | arrangement, shall be operated for such purposes unless the | ||||||
16 | owner
thereof shall carry a minimum of personal injury | ||||||
17 | liability insurance in
the amount of $25,000 for any one person | ||||||
18 | in any one crash accident , and
subject to the limit for one | ||||||
19 | person, $100,000 for two or more persons
injured by reason of | ||||||
20 | the operation of the vehicle in any one crash accident . This | ||||||
21 | subsection (a) applies only to personal injury liability | ||||||
22 | policies issued or renewed before January 1, 2013.
| ||||||
23 | (b) Liability insurance policies issued or renewed on and | ||||||
24 | after January 1, 2013 shall comply with the following: | ||||||
25 | (1) except as provided in subparagraph (2) of this |
| |||||||
| |||||||
1 | subsection (b), any vehicle that is used for a purpose that | ||||||
2 | requires a school bus driver permit under Section 6-104 of | ||||||
3 | this Code shall carry a minimum of liability insurance in
| ||||||
4 | the amount of $2,000,000. This minimum insurance | ||||||
5 | requirement may be satisfied by either (i) a $2,000,000 | ||||||
6 | combined single limit primary commercial automobile | ||||||
7 | policy; or (ii) a $1 million primary commercial automobile | ||||||
8 | policy and a minimum $5,000,000 excess or umbrella | ||||||
9 | liability policy; | ||||||
10 | (2) any vehicle that is used for a purpose that | ||||||
11 | requires a school bus driver permit under Section 6-104 of | ||||||
12 | this Code and is used in connection with the operation of | ||||||
13 | private day care facilities, day camps, summer camps, or | ||||||
14 | nursery schools shall carry a minimum of liability | ||||||
15 | insurance in
the amount of $1,000,000 combined single limit | ||||||
16 | per crash accident ; | ||||||
17 | (3) any commuter van or passenger car used for a | ||||||
18 | for-profit
ridesharing arrangement shall carry a minimum | ||||||
19 | of liability insurance in
the amount of $500,000 combined | ||||||
20 | single limit per crash accident . | ||||||
21 | (c) Primary insurance coverage under the provisions of this | ||||||
22 | Section must be provided by a licensed and admitted insurance | ||||||
23 | carrier or an intergovernmental cooperative formed under | ||||||
24 | Section 10 of Article VII of the Illinois Constitution, or | ||||||
25 | Section 6 or 9 of the Intergovernmental Cooperation Act, or | ||||||
26 | provided by a certified self-insurer under Section 7-502 of |
| |||||||
| |||||||
1 | this Code. The excess or umbrella liability coverage | ||||||
2 | requirement may be met by securing surplus line insurance as | ||||||
3 | defined under Section 445 of the Illinois Insurance Code. If | ||||||
4 | the excess or umbrella liability coverage requirement is met by | ||||||
5 | securing surplus line insurance, that coverage must be effected | ||||||
6 | through a licensed surplus line producer acting under the | ||||||
7 | surplus line insurance laws and regulations of this State. | ||||||
8 | Nothing in this subsection (c) shall be construed as | ||||||
9 | prohibiting a licensed and admitted insurance carrier or an | ||||||
10 | intergovernmental cooperative formed under Section 10 of | ||||||
11 | Article VII of the Illinois Constitution, or Section 6 or 9 of | ||||||
12 | the Intergovernmental Cooperation Act, or a certified | ||||||
13 | self-insurer under Section 7-502 of this Code, from retaining | ||||||
14 | the risk required under paragraphs (1) and (2) of subsection | ||||||
15 | (b) of this Section or issuing a single primary policy meeting | ||||||
16 | the requirements of paragraphs (1) and (2) of subsection (b). | ||||||
17 | (d) Each owner of a vehicle required to obtain the minimum | ||||||
18 | liability requirements under subsection (b) of this Section | ||||||
19 | shall attest that the vehicle meets the minimum insurance | ||||||
20 | requirements under this Section. The Secretary of State shall | ||||||
21 | create a form for each owner of a vehicle to attest that the | ||||||
22 | owner meets the minimum insurance requirements and the owner of | ||||||
23 | the vehicle shall submit the form with each registration | ||||||
24 | application. The form shall be valid for the full registration | ||||||
25 | period; however, if at any time the Secretary has reason to | ||||||
26 | believe that the owner does not have the minimum required |
| |||||||
| |||||||
1 | amount of insurance for a vehicle, then the Secretary may | ||||||
2 | require a certificate of insurance, or its equivalent, to | ||||||
3 | ensure the vehicle is insured. If the owner fails to produce a | ||||||
4 | certificate of insurance, or its equivalent, within 2 calendar | ||||||
5 | days after the request was made, then the Secretary may revoke | ||||||
6 | the vehicle owner's registration until the Secretary is assured | ||||||
7 | the vehicle meets the minimum insurance requirements. If the | ||||||
8 | owner of a vehicle participates in an intergovernmental | ||||||
9 | cooperative or is self-insured, then the owner shall attest | ||||||
10 | that the insurance required under this Section is equivalent to | ||||||
11 | or greater than the insurance required under paragraph (1) of | ||||||
12 | subsection (b) of this Section. The Secretary may adopt any | ||||||
13 | rules necessary to enforce the provisions of this subsection | ||||||
14 | (d). | ||||||
15 | (Source: P.A. 99-595, eff. 1-1-17 .)
| ||||||
16 | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| ||||||
17 | Sec. 13-109. Safety test prior to application for
license - | ||||||
18 | Subsequent tests - Repairs - Retest. | ||||||
19 | (a) Except as otherwise provided in Chapter 13, each second | ||||||
20 | division
vehicle, first division vehicle including a taxi which | ||||||
21 | is used for a purpose that requires a school bus driver permit, | ||||||
22 | and medical transport vehicle, except those vehicles other than
| ||||||
23 | school buses or medical transport vehicles owned or operated by | ||||||
24 | a municipal
corporation or political subdivision having a | ||||||
25 | population of 1,000,000 or
more inhabitants which are subjected |
| |||||||
| |||||||
1 | to safety tests imposed by local
ordinance or resolution, | ||||||
2 | operated in whole or in part over the highways
of this State, | ||||||
3 | motor vehicle used for driver education training, and each | ||||||
4 | vehicle designed to carry 15 or fewer passengers
operated by a | ||||||
5 | contract carrier transporting employees in the course of
their | ||||||
6 | employment
on a highway of this State, shall be subjected to | ||||||
7 | the safety
test provided for in Chapter
13 of this Code. Tests | ||||||
8 | shall be conducted at an official testing station
within 6 | ||||||
9 | months prior to the application for registration as provided
| ||||||
10 | for in this Code. Subsequently each vehicle shall be subject to | ||||||
11 | tests (i) at
least every 6 months, (ii) in the case of school | ||||||
12 | buses and first division vehicles including taxis which are | ||||||
13 | used for a purpose that requires a school bus driver permit, at | ||||||
14 | least every 6
months or 10,000 miles, whichever occurs first, | ||||||
15 | (iii) in the case of driver education vehicles used by public | ||||||
16 | high schools, at least every 12 months for vehicles over 5 | ||||||
17 | model years of age or having an odometer reading of over 75,000 | ||||||
18 | miles, whichever occurs first, or (iv) in the case of truck | ||||||
19 | tractors, semitrailers, and property-carrying vehicles | ||||||
20 | registered for a gross weight of more than 10,000 pounds but | ||||||
21 | less than 26,001 pounds, at least every 12 months, and | ||||||
22 | according to
schedules established by rules and regulations | ||||||
23 | promulgated by the
Department. Any component subject to regular | ||||||
24 | inspection which is
damaged in a reportable crash accident must | ||||||
25 | be reinspected before the bus or first division vehicle | ||||||
26 | including a taxi which is used for a purpose that requires a |
| |||||||
| |||||||
1 | school bus driver permit is
returned to service.
| ||||||
2 | (b) The Department shall also conduct periodic | ||||||
3 | nonscheduled inspections
of school buses, of buses registered | ||||||
4 | as charitable vehicles and of
religious organization buses. If | ||||||
5 | such inspection reveals that a vehicle is
not in substantial | ||||||
6 | compliance with the rules promulgated by the Department,
the | ||||||
7 | Department shall remove the Certificate of Safety from the | ||||||
8 | vehicle, and
shall place the vehicle out-of-service. A bright | ||||||
9 | orange, triangular decal
shall be placed on an out-of-service | ||||||
10 | vehicle where the Certificate of
Safety has been removed. The | ||||||
11 | vehicle must pass a safety test at an
official testing station | ||||||
12 | before it is again placed in service.
| ||||||
13 | (c) If the violation is not substantial a bright yellow, | ||||||
14 | triangular
sticker shall be placed next to the Certificate of | ||||||
15 | Safety at the time the
nonscheduled inspection is made. The | ||||||
16 | Department shall reinspect the
vehicle after 3 working days to | ||||||
17 | determine that the violation has been
corrected and remove the | ||||||
18 | yellow, triangular decal. If the violation is not
corrected | ||||||
19 | within 3 working days, the Department shall place the vehicle
| ||||||
20 | out-of-service in accordance with procedures in subsection | ||||||
21 | (b).
| ||||||
22 | (d) If a violation is not substantial and does not directly | ||||||
23 | affect the
safe operation of the vehicle, the Department shall | ||||||
24 | issue a warning notice
requiring correction of the violation. | ||||||
25 | Such correction shall be
accomplished as soon as practicable | ||||||
26 | and a report of the correction shall be
made to the Department |
| |||||||
| |||||||
1 | within 30 days in a manner established by the
Department. If | ||||||
2 | the Department has not been advised that the corrections
have | ||||||
3 | been made, and the violations still exist, the Department shall | ||||||
4 | place
the vehicle out-of-service in accordance with procedures | ||||||
5 | in subsection
(b).
| ||||||
6 | (e) The Department is authorized to promulgate regulations | ||||||
7 | to implement its
program of nonscheduled inspections. Causing | ||||||
8 | or allowing the operation of
an out-of-service vehicle with | ||||||
9 | passengers or unauthorized removal of an
out-of-service | ||||||
10 | sticker is a Class 3 felony. Causing or allowing the
operation | ||||||
11 | of a vehicle with a 3-day sticker for longer than 3 days with | ||||||
12 | the
sticker attached or the unauthorized removal of a 3-day | ||||||
13 | sticker is a Class C
misdemeanor.
| ||||||
14 | (f) If a second division vehicle, first division vehicle | ||||||
15 | including a taxi which is used for a purpose that requires a | ||||||
16 | school bus driver permit, medical transport vehicle, or
vehicle | ||||||
17 | operated by a contract carrier as provided in subsection (a) of | ||||||
18 | this
Section is in safe
mechanical condition, as determined | ||||||
19 | pursuant to Chapter 13, the operator of
the official testing | ||||||
20 | station must at once issue to the second division
vehicle, | ||||||
21 | first division vehicle including a taxi which is used for a | ||||||
22 | purpose that requires a school bus driver permit, or medical | ||||||
23 | transport vehicle a certificate of safety, in the form
and | ||||||
24 | manner prescribed by the Department, which shall be affixed to | ||||||
25 | the
vehicle by the certified safety tester who performed the | ||||||
26 | safety tests. The
owner of the second division vehicle, first |
| |||||||
| |||||||
1 | division vehicle including a taxi which is used for a purpose | ||||||
2 | that requires a school bus driver permit, or medical transport | ||||||
3 | vehicle or the
contract carrier shall at
all times display the | ||||||
4 | Certificate of Safety on the second division vehicle, first | ||||||
5 | division vehicle including a taxi which is used for a purpose | ||||||
6 | that requires a school bus driver permit, medical transport | ||||||
7 | vehicle, or vehicle operated by a contract carrier
in the | ||||||
8 | manner prescribed by the Department.
| ||||||
9 | (g) If a test shows that a second division vehicle, first | ||||||
10 | division vehicle including a taxi which is used for a purpose | ||||||
11 | that requires a school bus driver permit, medical
transport
| ||||||
12 | vehicle, or vehicle operated by a contract carrier is not in | ||||||
13 | safe
mechanical condition as provided in this Section, it
shall | ||||||
14 | not be operated on the highways until it has been repaired and
| ||||||
15 | submitted to a retest at an official testing station. If the | ||||||
16 | owner or
contract carrier submits
the vehicle to a retest at
a
| ||||||
17 | different official testing station from that where it failed to | ||||||
18 | pass the
first test, he or she shall present to the operator of | ||||||
19 | the second station the
report of the original test, and shall | ||||||
20 | notify the Department in writing,
giving the name and address | ||||||
21 | of the original testing station and the defects
which prevented | ||||||
22 | the issuance of a Certificate of Safety, and the name and
| ||||||
23 | address of the second official testing station making the | ||||||
24 | retest.
| ||||||
25 | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
| ||||||
2 | Sec. 13-111.
Operation without certificate of safety | ||||||
3 | attached; Effective date
of certificate.
| ||||||
4 | (a) Except as provided for in Chapter 13, no person shall | ||||||
5 | operate any
vehicle required to be inspected by this Chapter | ||||||
6 | upon the highways of this
State unless there is affixed to that | ||||||
7 | vehicle a certificate of safety then in
effect. The Secretary | ||||||
8 | of State, State Police, and other police officers shall
enforce | ||||||
9 | this Section. The Department shall determine the expiration | ||||||
10 | date of the
certificate of safety.
| ||||||
11 | The certificates, all forms and records, reports of tests | ||||||
12 | and retests,
and the full procedure and methods of making the | ||||||
13 | tests and retests, shall
be in the form prescribed by the | ||||||
14 | Department.
| ||||||
15 | (b) Every person convicted of violating this Section is | ||||||
16 | guilty
of a petty offense with a minimum fine of $95 and a | ||||||
17 | maximum fine of $250; unless the violation is contemporaneous | ||||||
18 | with a motor vehicle crash accident , in which case the person | ||||||
19 | is guilty of a Class C misdemeanor.
| ||||||
20 | (Source: P.A. 98-489, eff. 1-1-14.)
| ||||||
21 | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| ||||||
22 | Sec. 15-301. Permits for excess size and weight.
| ||||||
23 | (a) The Department with respect to highways under its | ||||||
24 | jurisdiction
and local authorities with respect to highways | ||||||
25 | under their jurisdiction
may, in their discretion, upon |
| |||||||
| |||||||
1 | application and good cause being shown
therefor, issue a | ||||||
2 | special permit authorizing the applicant to operate or
move a | ||||||
3 | vehicle or combination of vehicles of a size or weight of | ||||||
4 | vehicle or
load exceeding the maximum specified in this Code or | ||||||
5 | otherwise not in
conformity with this Code upon any highway | ||||||
6 | under the jurisdiction of the
party granting such permit and | ||||||
7 | for the maintenance of which the party is
responsible. | ||||||
8 | Applications and permits other than those in written or
printed | ||||||
9 | form may only be accepted from and issued to the company or
| ||||||
10 | individual making the movement. Except for an application to | ||||||
11 | move directly
across a highway, it shall be the duty of the | ||||||
12 | applicant to establish in the
application that the load to be | ||||||
13 | moved by such vehicle or combination cannot reasonably be
| ||||||
14 | dismantled or
disassembled, the reasonableness of which shall | ||||||
15 | be determined by the Secretary of the Department. For the | ||||||
16 | purpose of
over length movements,
more than one object may be | ||||||
17 | carried side by side as long as the height, width,
and weight | ||||||
18 | laws are not exceeded and the cause for the over length is not | ||||||
19 | due
to multiple objects. For the purpose of over height | ||||||
20 | movements, more than one
object may be carried as long as the | ||||||
21 | cause for the over height is not due to
multiple objects and | ||||||
22 | the length, width, and weight laws are not exceeded. For
the | ||||||
23 | purpose of an over width movement, more than one object may be | ||||||
24 | carried as
long as the cause for the over width is not due to | ||||||
25 | multiple objects and length,
height, and weight laws are not | ||||||
26 | exceeded. Except for transporting fluid milk products, no State |
| |||||||
| |||||||
1 | or local agency shall
authorize the issuance of excess size or | ||||||
2 | weight permits for vehicles and loads
that are divisible and | ||||||
3 | that can be carried, when divided, within the existing
size or | ||||||
4 | weight maximums specified in this Chapter. Any excess size or | ||||||
5 | weight
permit issued in violation of the provisions of this | ||||||
6 | Section shall be void at
issue and any movement made thereunder | ||||||
7 | shall not be authorized under the terms
of the void permit. In | ||||||
8 | any prosecution for a violation of this Chapter when
the | ||||||
9 | authorization of an excess size or weight permit is at issue, | ||||||
10 | it is the
burden of the defendant to establish that the permit | ||||||
11 | was valid because the load
to be moved could not reasonably be | ||||||
12 | dismantled or disassembled, or was
otherwise nondivisible.
| ||||||
13 | (a-1) As used in this Section, "extreme heavy duty tow and | ||||||
14 | recovery vehicle" means a tow truck manufactured as a unit | ||||||
15 | having a lifting capacity of not less than 50 tons, and having | ||||||
16 | either 4 axles and an unladen weight of not more than 80,000 | ||||||
17 | pounds or 5 axles and an unladen weight not more than 90,000 | ||||||
18 | pounds. Notwithstanding otherwise applicable gross and axle | ||||||
19 | weight limits, an extreme heavy duty tow and recovery vehicle | ||||||
20 | may lawfully travel to and from the scene of a disablement and | ||||||
21 | clear a disabled vehicle if the towing service has obtained an | ||||||
22 | extreme heavy duty tow and recovery permit for the vehicle. The | ||||||
23 | form and content of the permit shall be determined by the | ||||||
24 | Department with respect to highways under its jurisdiction and | ||||||
25 | by local authorities with respect to highways under their | ||||||
26 | jurisdiction. |
| |||||||
| |||||||
1 | (b) The application for any such permit shall: (1) state | ||||||
2 | whether
such permit is requested for a single trip or for | ||||||
3 | limited continuous
operation; (2) state if the applicant is an | ||||||
4 | authorized carrier under the
Illinois Motor Carrier of Property | ||||||
5 | Law, if so, his certificate,
registration, or permit number | ||||||
6 | issued by the Illinois Commerce
Commission; (3) specifically | ||||||
7 | describe and identify the vehicle or
vehicles and load to be | ||||||
8 | operated or moved; (4) state the
routing requested, including | ||||||
9 | the points of origin and destination, and may
identify and | ||||||
10 | include a request for routing to the nearest certified scale
in | ||||||
11 | accordance with the Department's rules and regulations, | ||||||
12 | provided the
applicant has approval to travel on local roads; | ||||||
13 | and (5) state if the
vehicles or loads are being transported | ||||||
14 | for hire. No permits for the
movement of a vehicle or load for | ||||||
15 | hire shall be issued to any applicant who
is required under the | ||||||
16 | Illinois Motor Carrier of Property Law to have a
certificate, | ||||||
17 | registration, or permit and does not have such certificate,
| ||||||
18 | registration, or permit.
| ||||||
19 | (c) The Department or local authority when not inconsistent | ||||||
20 | with
traffic safety is authorized to issue or withhold such | ||||||
21 | permit at its
discretion; or, if such permit is issued at its | ||||||
22 | discretion to prescribe
the route or routes to be traveled, to | ||||||
23 | limit the number of trips, to
establish seasonal or other time | ||||||
24 | limitations within which the vehicles
described may be operated | ||||||
25 | on the highways indicated, or otherwise to
limit or prescribe | ||||||
26 | conditions of operations of such vehicle or vehicles,
when |
| |||||||
| |||||||
1 | necessary to assure against undue damage to the road | ||||||
2 | foundations,
surfaces or structures, and may require such | ||||||
3 | undertaking or other
security as may be deemed necessary to | ||||||
4 | compensate for any injury to any
roadway or road structure. The | ||||||
5 | Department shall maintain a daily record of
each permit issued | ||||||
6 | along with the fee and the stipulated dimensions,
weights, | ||||||
7 | conditions, and restrictions authorized and this record shall | ||||||
8 | be
presumed correct in any case of questions or dispute. The | ||||||
9 | Department shall
install an automatic device for recording | ||||||
10 | applications received and permits
issued by telephone. In | ||||||
11 | making application by telephone, the Department and
applicant | ||||||
12 | waive all objections to the recording of the conversation.
| ||||||
13 | (d) The Department shall, upon application in writing from | ||||||
14 | any local
authority, issue an annual permit authorizing the | ||||||
15 | local authority to
move oversize highway construction, | ||||||
16 | transportation, utility, and maintenance
equipment over roads | ||||||
17 | under the jurisdiction of the Department. The permit
shall be | ||||||
18 | applicable only to equipment and vehicles owned by or | ||||||
19 | registered
in the name of the local authority, and no fee shall | ||||||
20 | be charged for the
issuance of such permits.
| ||||||
21 | (e) As an exception to subsection (a) of this Section, the | ||||||
22 | Department
and local authorities, with respect to highways | ||||||
23 | under their respective
jurisdictions, in their discretion and | ||||||
24 | upon application in writing, may
issue a special permit for | ||||||
25 | limited continuous operation, authorizing the
applicant to | ||||||
26 | move loads of agricultural commodities on a 2-axle single
|
| |||||||
| |||||||
1 | vehicle registered by the Secretary of State with axle loads | ||||||
2 | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by | ||||||
3 | the Secretary of State with axle loads
not to exceed 20%, and | ||||||
4 | on a 5-axle vehicle registered by the
Secretary of State not to | ||||||
5 | exceed 10% above those provided in Section 15-111. The total | ||||||
6 | gross weight of the vehicle, however,
may not exceed the | ||||||
7 | maximum gross weight of the registration class of the vehicle | ||||||
8 | allowed under Section 3-815 or 3-818 of this Code. | ||||||
9 | As used in this Section, "agricultural commodities"
means: | ||||||
10 | (1) cultivated plants or agricultural produce grown,
| ||||||
11 | including, but not limited to, corn, soybeans, wheat, oats, | ||||||
12 | grain sorghum, canola, and rice; | ||||||
13 | (2) livestock, including, but not limited to, hogs, | ||||||
14 | equine, sheep, and poultry; | ||||||
15 | (3) ensilage; and | ||||||
16 | (4) fruits and vegetables.
| ||||||
17 | Permits may be issued for a
period not to exceed 40 days | ||||||
18 | and moves may be made of a distance not to
exceed 50 miles from | ||||||
19 | a field, an on-farm grain storage facility, a warehouse as | ||||||
20 | defined in the Grain Code, or a livestock management facility | ||||||
21 | as defined in the Livestock Management Facilities Act over any
| ||||||
22 | highway except the National System of Interstate and Defense | ||||||
23 | Highways. The operator of the vehicle,
however, must abide by | ||||||
24 | posted bridge and posted highway weight limits. All implements | ||||||
25 | of husbandry operating under this Section between sunset and | ||||||
26 | sunrise shall be equipped as prescribed in Section 12-205.1.
|
| |||||||
| |||||||
1 | (e-1) A special permit shall be issued by the Department | ||||||
2 | under this Section and shall
be required from September 1 | ||||||
3 | through December 31 for a vehicle that exceeds the maximum axle | ||||||
4 | weight and gross weight limits under Section 15-111 of this | ||||||
5 | Code or exceeds the vehicle's registered gross weight, provided | ||||||
6 | that the vehicle's axle weight and gross weight do not exceed | ||||||
7 | 10% above the maximum limits under Section 15-111 of this Code | ||||||
8 | and does not exceed the vehicle's registered gross weight by | ||||||
9 | 10%. All other restrictions that apply to permits issued under | ||||||
10 | this Section shall apply during the declared time period and no | ||||||
11 | fee shall be charged for the issuance of those permits. Permits | ||||||
12 | issued by the Department under this subsection (e-1) are only | ||||||
13 | valid on federal and State highways under the jurisdiction of | ||||||
14 | the Department, except interstate highways. With
respect to | ||||||
15 | highways under the jurisdiction of local authorities, the local
| ||||||
16 | authorities may, at their discretion, waive special permit | ||||||
17 | requirements and set a divisible load weight limit not to | ||||||
18 | exceed 10% above a vehicle's registered gross weight, provided | ||||||
19 | that the vehicle's axle weight and gross weight do not exceed | ||||||
20 | 10% above the maximum limits specified in Section 15-111. | ||||||
21 | Permits issued under this subsection (e-1) shall apply to all | ||||||
22 | registered vehicles
eligible to obtain permits under this | ||||||
23 | Section, including vehicles used in private or for-hire | ||||||
24 | movement of divisible load agricultural commodities during the | ||||||
25 | declared time period.
| ||||||
26 | (f) The form and content of the permit shall be determined |
| |||||||
| |||||||
1 | by the
Department with respect to highways under its | ||||||
2 | jurisdiction and by local
authorities with respect to highways | ||||||
3 | under their jurisdiction. Every permit
shall be in written form | ||||||
4 | and carried in the vehicle or combination of
vehicles to which | ||||||
5 | it refers and shall be open to inspection by any
police officer | ||||||
6 | or authorized agent of any authority granting the permit
and no | ||||||
7 | person shall violate any of the terms or conditions of such
| ||||||
8 | special permit. Violation of the terms and conditions of the | ||||||
9 | permit
shall not be deemed a revocation of the permit; however, | ||||||
10 | any vehicle and load
found to be off the route prescribed in | ||||||
11 | the permit shall be held to be
operating without a permit. Any | ||||||
12 | off-route vehicle and load shall be required
to obtain a new | ||||||
13 | permit or permits, as necessary, to authorize the movement back
| ||||||
14 | onto the original permit routing. No rule or regulation, nor | ||||||
15 | anything herein,
shall be construed to authorize any police | ||||||
16 | officer, court, or authorized agent
of any authority granting | ||||||
17 | the permit to remove the permit from the possession
of the | ||||||
18 | permittee unless the permittee is charged with a fraudulent | ||||||
19 | permit
violation as provided in subsection (i). However, upon | ||||||
20 | arrest for an offense of
violation of permit, operating without | ||||||
21 | a permit when the vehicle is off route,
or any size or weight | ||||||
22 | offense under this Chapter when the permittee plans to
raise | ||||||
23 | the issuance of the permit as a defense, the permittee, or his | ||||||
24 | agent,
must produce the permit at any court hearing concerning | ||||||
25 | the alleged offense.
| ||||||
26 | If the permit designates and includes a routing to a |
| |||||||
| |||||||
1 | certified scale, the permittee, while en route to the | ||||||
2 | designated scale, shall be deemed in compliance
with the weight | ||||||
3 | provisions of the permit provided the axle or gross weights
do | ||||||
4 | not exceed any of the permitted limits by more than the | ||||||
5 | following amounts:
| ||||||
6 | Single axle 2000 pounds
| ||||||
7 | Tandem axle 3000 pounds
| ||||||
8 | Gross 5000 pounds
| ||||||
9 | (g) The Department is authorized to adopt, amend, and make
| ||||||
10 | available to interested persons a policy concerning reasonable | ||||||
11 | rules,
limitations and conditions or provisions of operation | ||||||
12 | upon highways
under its jurisdiction in addition to those | ||||||
13 | contained in this Section
for the movement by special permit of | ||||||
14 | vehicles, combinations, or loads
which cannot reasonably be | ||||||
15 | dismantled or disassembled, including
manufactured and modular | ||||||
16 | home sections and portions thereof. All rules,
limitations and | ||||||
17 | conditions or provisions adopted in the policy shall
have due | ||||||
18 | regard for the safety of the traveling public and the | ||||||
19 | protection
of the highway system and shall have been | ||||||
20 | promulgated in conformity with
the provisions of the Illinois | ||||||
21 | Administrative Procedure Act. The
requirements of the policy | ||||||
22 | for flagmen and escort vehicles shall be the
same for all moves | ||||||
23 | of comparable size and weight. When escort vehicles are
| ||||||
24 | required, they shall meet the following requirements:
| ||||||
25 | (1) All operators shall be 18 years of age or over and | ||||||
26 | properly
licensed to operate the vehicle.
|
| |||||||
| |||||||
1 | (2) Vehicles escorting oversized loads more than 12 | ||||||
2 | feet wide must
be equipped with a rotating or flashing | ||||||
3 | amber light mounted on top as specified
under Section | ||||||
4 | 12-215.
| ||||||
5 | The Department shall establish reasonable rules and | ||||||
6 | regulations
regarding liability insurance or self insurance | ||||||
7 | for vehicles with
oversized loads promulgated under the | ||||||
8 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
9 | required for escort under circumstances as
required by rules | ||||||
10 | and regulations of the Department.
| ||||||
11 | (h) Violation of any rule, limitation or condition or | ||||||
12 | provision of
any permit issued in accordance with the | ||||||
13 | provisions of this Section
shall not render the entire permit | ||||||
14 | null and void but the violator shall
be deemed guilty of | ||||||
15 | violation of permit and guilty of exceeding any size,
weight, | ||||||
16 | or load limitations in excess of those authorized by the | ||||||
17 | permit.
The prescribed route or routes on the permit are not | ||||||
18 | mere rules, limitations,
conditions, or provisions of the | ||||||
19 | permit, but are also the sole extent of the
authorization | ||||||
20 | granted by the permit. If a vehicle and load are found to be
| ||||||
21 | off the route or routes prescribed by any permit authorizing | ||||||
22 | movement,
the vehicle and load are operating without a permit. | ||||||
23 | Any off-route movement
shall be subject to the size and weight | ||||||
24 | maximums, under the applicable
provisions of this Chapter, as | ||||||
25 | determined by the type or class highway upon
which the vehicle | ||||||
26 | and load are being operated.
|
| |||||||
| |||||||
1 | (i) Whenever any vehicle is operated or movement made under | ||||||
2 | a
fraudulent permit, the permit shall be void, and the person, | ||||||
3 | firm, or
corporation to whom such permit was granted, the | ||||||
4 | driver of such vehicle
in addition to the person who issued | ||||||
5 | such permit and any accessory,
shall be guilty of fraud and | ||||||
6 | either one or all persons may be prosecuted
for such violation. | ||||||
7 | Any person, firm, or corporation committing such
violation | ||||||
8 | shall be guilty of a Class 4 felony and the Department shall
| ||||||
9 | not issue permits to the person, firm, or corporation convicted | ||||||
10 | of such
violation for a period of one year after the date of | ||||||
11 | conviction.
Penalties for violations of this Section shall be | ||||||
12 | in addition to any
penalties imposed for violation of other | ||||||
13 | Sections of this Code.
| ||||||
14 | (j) Whenever any vehicle is operated or movement made in | ||||||
15 | violation
of a permit issued in accordance with this Section, | ||||||
16 | the person to whom
such permit was granted, or the driver of | ||||||
17 | such vehicle, is guilty of
such violation and either, but not | ||||||
18 | both, persons may be prosecuted for
such violation as stated in | ||||||
19 | this subsection (j). Any person, firm, or
corporation convicted | ||||||
20 | of such violation shall be guilty of a petty
offense and shall | ||||||
21 | be fined, for the first offense, not less than $50 nor
more | ||||||
22 | than $200 and, for the second offense by the same person, firm, | ||||||
23 | or
corporation within a period of one year, not less than $200 | ||||||
24 | nor more
than $300 and, for the third offense by the same | ||||||
25 | person, firm, or
corporation within a period of one year after | ||||||
26 | the date of the first
offense, not less than $300 nor more than |
| |||||||
| |||||||
1 | $500 and the Department may, in its discretion, not issue | ||||||
2 | permits to the person, firm, or corporation convicted of a
| ||||||
3 | third offense during a period of one year after the date of | ||||||
4 | conviction or supervision
for such third offense. If any | ||||||
5 | violation is the cause or contributing cause in a motor vehicle | ||||||
6 | crash accident causing damage to property, injury, or death to | ||||||
7 | a person, the Department may, in its discretion, not issue a | ||||||
8 | permit to the person, firm, or corporation for a period of one | ||||||
9 | year after the date of conviction or supervision for the | ||||||
10 | offense.
| ||||||
11 | (k) Whenever any vehicle is operated on local roads under | ||||||
12 | permits
for excess width or length issued by local authorities, | ||||||
13 | such vehicle may
be moved upon a State highway for a distance | ||||||
14 | not to exceed one-half mile
without a permit for the purpose of | ||||||
15 | crossing the State highway.
| ||||||
16 | (l) Notwithstanding any other provision of this Section, | ||||||
17 | the Department,
with respect to highways under its | ||||||
18 | jurisdiction, and local authorities, with
respect to highways | ||||||
19 | under their jurisdiction, may at their discretion authorize
the | ||||||
20 | movement of a vehicle in violation of any size or weight | ||||||
21 | requirement, or
both, that would not ordinarily be eligible for | ||||||
22 | a permit, when there is a
showing of extreme necessity that the | ||||||
23 | vehicle and load should be moved without
unnecessary delay.
| ||||||
24 | For the purpose of this subsection, showing of extreme | ||||||
25 | necessity shall be
limited to the following: shipments of | ||||||
26 | livestock, hazardous materials, liquid
concrete being hauled |
| |||||||
| |||||||
1 | in a mobile cement mixer, or hot asphalt.
| ||||||
2 | (m) Penalties for violations of this Section shall be in | ||||||
3 | addition to any
penalties imposed for violating any other | ||||||
4 | Section of this Code.
| ||||||
5 | (n) The Department with respect to highways under its | ||||||
6 | jurisdiction and
local
authorities with respect to highways | ||||||
7 | under their jurisdiction, in their
discretion and upon
| ||||||
8 | application in writing, may issue a special permit for | ||||||
9 | continuous limited
operation,
authorizing the applicant to | ||||||
10 | operate a tow truck that exceeds the weight limits
provided
for | ||||||
11 | in subsection (a) of Section 15-111, provided:
| ||||||
12 | (1) no rear single axle of the tow truck exceeds 26,000 | ||||||
13 | pounds;
| ||||||
14 | (2) no rear tandem axle of the tow truck exceeds 50,000 | ||||||
15 | pounds;
| ||||||
16 | (2.1) no triple rear axle on a manufactured recovery | ||||||
17 | unit exceeds 60,000
pounds; | ||||||
18 | (3) neither the disabled vehicle nor the disabled | ||||||
19 | combination of vehicles
exceed the
weight restrictions | ||||||
20 | imposed by this Chapter 15, or the weight limits imposed
| ||||||
21 | under a
permit issued by the Department prior to hookup;
| ||||||
22 | (4) the tow truck prior to hookup does not exceed the | ||||||
23 | weight restrictions
imposed
by this Chapter 15;
| ||||||
24 | (5) during the tow operation the tow truck does not | ||||||
25 | violate any weight
restriction
sign;
| ||||||
26 | (6) the tow truck is equipped with flashing, rotating, |
| |||||||
| |||||||
1 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
2 | in all directions;
| ||||||
3 | (7) the tow truck is specifically designed and licensed | ||||||
4 | as a tow truck;
| ||||||
5 | (8) the tow truck has a gross vehicle weight rating of | ||||||
6 | sufficient
capacity to safely
handle the load;
| ||||||
7 | (9) the tow truck is equipped with air brakes;
| ||||||
8 | (10) the tow truck is capable of utilizing the lighting | ||||||
9 | and braking
systems of the
disabled vehicle or combination | ||||||
10 | of vehicles;
| ||||||
11 | (11) the tow commences at the initial point of wreck or | ||||||
12 | disablement and terminates at a point where the repairs are | ||||||
13 | actually to occur;
| ||||||
14 | (12) the permit issued to the tow truck is carried in | ||||||
15 | the tow truck
and
exhibited on demand by a police officer; | ||||||
16 | and
| ||||||
17 | (13) the movement shall be valid only on State routes | ||||||
18 | approved by the
Department.
| ||||||
19 | (o) (Blank).
| ||||||
20 | (p) In determining whether a load may be reasonably | ||||||
21 | dismantled or disassembled for the purpose of subsection (a), | ||||||
22 | the Department shall consider whether there is a significant | ||||||
23 | negative impact on the condition of the pavement and structures | ||||||
24 | along the proposed route, whether the load or vehicle as | ||||||
25 | proposed causes a safety hazard to the traveling public, | ||||||
26 | whether dismantling or disassembling the load promotes or |
| |||||||
| |||||||
1 | stifles economic development, and whether the proposed route | ||||||
2 | travels less than 5 miles. A load is not required to be | ||||||
3 | dismantled or disassembled for the purposes of subsection (a) | ||||||
4 | if the Secretary of the Department determines there will be no | ||||||
5 | significant negative impact to pavement or structures along the | ||||||
6 | proposed route, the proposed load or vehicle causes no safety | ||||||
7 | hazard to the traveling public, dismantling or disassembling | ||||||
8 | the load does not promote economic development, and the | ||||||
9 | proposed route travels less than 5 miles.
The Department may | ||||||
10 | promulgate rules for the purpose of establishing the | ||||||
11 | divisibility of a load pursuant to subsection (a). Any load | ||||||
12 | determined by the Secretary to be nondivisible shall otherwise | ||||||
13 | comply with the existing size or weight maximums specified in | ||||||
14 | this Chapter. | ||||||
15 | (Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19; | ||||||
16 | 100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff. | ||||||
17 | 1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20 .)
| ||||||
18 | (625 ILCS 5/16-108)
| ||||||
19 | Sec. 16-108. Claims of diplomatic immunity.
| ||||||
20 | (a) This Section applies only to an individual that | ||||||
21 | displays to a police
officer a
driver's license issued by the | ||||||
22 | U.S. Department of State or that otherwise
claims
immunities or | ||||||
23 | privileges under Title 22, Chapter 6 of the United States Code
| ||||||
24 | with
respect to the individual's violation of Section 9-3 or | ||||||
25 | Section 9-3.2 of the
Criminal Code
of 2012 or his or her |
| |||||||
| |||||||
1 | violation of a traffic regulation governing the movement
of | ||||||
2 | vehicles
under this Code or a similar provision of a local | ||||||
3 | ordinance.
| ||||||
4 | (b) If a driver subject to this Section is stopped by a | ||||||
5 | police officer that
has
probable cause to believe that the | ||||||
6 | driver has committed a violation described
in
subsection (a) of | ||||||
7 | this Section, the police officer shall:
| ||||||
8 | (1) as soon as practicable contact the U.S. Department | ||||||
9 | of State office in
order to verify the driver's status and | ||||||
10 | immunity, if any;
| ||||||
11 | (2) record all relevant information from any driver's | ||||||
12 | license or
identification card, including a driver's | ||||||
13 | license or identification card issued
by the
U.S. | ||||||
14 | Department of State; and
| ||||||
15 | (3) within 5 workdays after the date of the stop, | ||||||
16 | forward the following to
the Secretary of State of | ||||||
17 | Illinois:
| ||||||
18 | (A) a vehicle crash accident report, if the driver | ||||||
19 | was involved in a vehicle
crash accident ;
| ||||||
20 | (B) if a citation or charge was issued to the | ||||||
21 | driver, a copy of the
citation or charge; and
| ||||||
22 | (C) if a citation or charge was not issued to the | ||||||
23 | driver, a written
report of the incident.
| ||||||
24 | (c) Upon receiving material submitted under paragraph (3) | ||||||
25 | of subsection (b)
of
this Section, the Secretary of State | ||||||
26 | shall:
|
| |||||||
| |||||||
1 | (1) file each vehicle crash accident report, citation | ||||||
2 | or charge, and incident
report
received;
| ||||||
3 | (2) keep convenient records or make suitable notations | ||||||
4 | showing each:
| ||||||
5 | (A) conviction;
| ||||||
6 | (B) disposition of court supervision for any | ||||||
7 | violation of Section 11-501
of this Code; and
| ||||||
8 | (C) vehicle crash accident ; and
| ||||||
9 | (3) send a copy of each document and record described | ||||||
10 | in paragraph (2) of
this subsection (c) to the Bureau of | ||||||
11 | Diplomatic Security, Office of Foreign
Missions, of the | ||||||
12 | U.S. Department of State.
| ||||||
13 | (d) This Section does not prohibit or limit the application | ||||||
14 | of any law to a
criminal
or motor vehicle violation by an | ||||||
15 | individual who has or claims immunities or
privileges
under | ||||||
16 | Title 22, Chapter 6 of the United States Code.
| ||||||
17 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
18 | (625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
| ||||||
19 | Sec. 18a-301. Commercial vehicle relocators - Security | ||||||
20 | requirements.
Every commercial vehicle relocator shall file | ||||||
21 | with the Commission and have
in effect an indemnity bond or | ||||||
22 | insurance policy or certificates of bonds
or insurance in lieu | ||||||
23 | thereof which shall indemnify or insure the relocator
for its | ||||||
24 | liability: (1) for injury to person, in an amount not less than
| ||||||
25 | $100,000 to any one person and $300,000 for any one crash |
| |||||||
| |||||||
1 | accident ; (2) in case
of damage to property other than a | ||||||
2 | vehicle being removed, in an amount not
less than $50,000 for | ||||||
3 | any one crash accident ; and (3) in case of damage to any
| ||||||
4 | vehicle relocated or stored by the relocator, in an amount not | ||||||
5 | less than
$15,000 per vehicle. Any such bond or policy shall be | ||||||
6 | issued by a bonding
or insurance firm authorized to do business | ||||||
7 | as such in
the State of Illinois.
All certificates or indemnity | ||||||
8 | bonds or insurance filed with the Commission
must show the | ||||||
9 | coverage effective continuously until cancelled, and the | ||||||
10 | Commission
may require such evidence of continued validity as | ||||||
11 | it deems necessary.
| ||||||
12 | (Source: P.A. 85-1396.)
| ||||||
13 | (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
| ||||||
14 | Sec. 18b-105. Rules and Regulations.
| ||||||
15 | (a) The Department is authorized to make and adopt | ||||||
16 | reasonable rules and
regulations and orders consistent with law | ||||||
17 | necessary to carry out the
provisions of this Chapter.
| ||||||
18 | (b) The following parts of Title 49 of the Code of Federal | ||||||
19 | Regulations,
as now in effect, are hereby adopted by reference | ||||||
20 | as though they were set
out in full:
| ||||||
21 | Part 40 - Procedures For Transportation Workplace Drug and | ||||||
22 | Alcohol Testing Programs; | ||||||
23 | Part 380 - Special Training Requirements; | ||||||
24 | Part 382 - Controlled Substances and Alcohol Use and | ||||||
25 | Testing;
|
| |||||||
| |||||||
1 | Part 383 - Commercial Driver's License Standards, | ||||||
2 | Requirements, and
Penalties;
| ||||||
3 | Part 385 - Safety Fitness Procedures;
| ||||||
4 | Part 386 Appendix B - Penalty Schedule; Violations and | ||||||
5 | Maximum Monetary Penalties; | ||||||
6 | Part 387 - Minimum Levels of Financial Responsibility for | ||||||
7 | Motor Carriers;
| ||||||
8 | Part 390 - Federal Motor Carrier Safety Regulations: | ||||||
9 | General;
| ||||||
10 | Part 391 - Qualifications of Drivers;
| ||||||
11 | Part 392 - Driving of Motor Vehicles;
| ||||||
12 | Part 393 - Parts and Accessories Necessary for Safe | ||||||
13 | Operation;
| ||||||
14 | Part 395 - Hours of Service of Drivers, except as provided | ||||||
15 | in
Section 18b-106.1;
| ||||||
16 | Part 396 - Inspection, Repair and Maintenance; and | ||||||
17 | Part 397 - Transportation of hazardous materials; Driving | ||||||
18 | and Parking Rules.
| ||||||
19 | (b-5) Individuals who meet the requirements set forth in | ||||||
20 | the definition
of "medical examiner" in Section 390.5 of Part | ||||||
21 | 390 of Title 49 of the Code
of Federal Regulations may act as | ||||||
22 | medical examiners in accordance with
Part 391 of Title 49 of | ||||||
23 | the Code of Federal Regulations.
| ||||||
24 | (c) The following parts and Sections of the Federal Motor | ||||||
25 | Carrier Safety
Regulations shall not apply to those intrastate | ||||||
26 | carriers, drivers or
vehicles subject to subsection (b).
|
| |||||||
| |||||||
1 | (1) Section 393.93 of Part 393 for those vehicles | ||||||
2 | manufactured before
June 30, 1972.
| ||||||
3 | (2) Section 393.86 of Part 393 for those vehicles | ||||||
4 | registered
as farm trucks under subsection (c) of Section | ||||||
5 | 3-815 of this Code.
| ||||||
6 | (3) (Blank).
| ||||||
7 | (4) (Blank).
| ||||||
8 | (5) Paragraph (b)(1) of Section 391.11 of Part 391.
| ||||||
9 | (6) All of Part 395 for all agricultural operations as | ||||||
10 | defined in Section 18b-101 of this Chapter at any time of | ||||||
11 | the year
and all farm to market agricultural transportation | ||||||
12 | as defined in
Chapter 1
and for grain hauling operations | ||||||
13 | within a radius of 200 air miles of the
normal work | ||||||
14 | reporting location.
| ||||||
15 | (7) Paragraphs (b)(3) (insulin dependent diabetic) and | ||||||
16 | (b)(10) (minimum
visual acuity) of Section 391.41 of part | ||||||
17 | 391, but only for any driver who
immediately prior to July | ||||||
18 | 29, 1986 was eligible and licensed to operate a
motor | ||||||
19 | vehicle subject to this Section and was engaged in | ||||||
20 | operating such
vehicles, and who was disqualified on July | ||||||
21 | 29, 1986 by the adoption of Part
391 by reason of the | ||||||
22 | application of paragraphs (b)(3) and (b)(10) of Section
| ||||||
23 | 391.41 with respect to a physical condition existing at | ||||||
24 | that time unless such
driver has a record of crashes | ||||||
25 | accidents which would indicate a lack of ability to
operate | ||||||
26 | a motor vehicle in a safe manner.
|
| |||||||
| |||||||
1 | (d) Intrastate carriers subject to the recording | ||||||
2 | provisions of Section
395.8 of Part 395 of the Federal Motor | ||||||
3 | Carrier Safety Regulations shall be
exempt as established under | ||||||
4 | paragraph (1) of Section 395.8; provided,
however, for the | ||||||
5 | purpose of this Code, drivers shall operate within a 150
| ||||||
6 | air-mile radius of the normal work reporting location to | ||||||
7 | qualify for exempt
status.
| ||||||
8 | (e) Regulations adopted by the Department subsequent to | ||||||
9 | those adopted
under subsection (b) hereof shall be identical in | ||||||
10 | substance to the Federal
Motor Carrier Safety Regulations of | ||||||
11 | the United States Department of
Transportation and adopted in | ||||||
12 | accordance with the procedures for rulemaking
in Section 5-35 | ||||||
13 | of the Illinois Administrative Procedure Act.
| ||||||
14 | (Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; | ||||||
15 | 94-739, eff. 5-5-06.)
| ||||||
16 | (625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
| ||||||
17 | Sec. 18b-108. Violations; criminal penalties.
| ||||||
18 | (a) The provisions of Chapter 16 shall be applicable to | ||||||
19 | acts committed
by a driver of a motor vehicle that violate this | ||||||
20 | Chapter or any rule or
regulation issued under this Chapter.
| ||||||
21 | (b) Except as provided in subsection (d), any driver who | ||||||
22 | willfully violates any provision of this Chapter or
any rule or | ||||||
23 | regulation issued under this Chapter is guilty of a Class 4
| ||||||
24 | felony. In addition to any other penalties prescribed by law, | ||||||
25 | the maximum
fine for each offense is $10,000.
Such violation |
| |||||||
| |||||||
1 | shall be prosecuted by the State's Attorney or the Attorney
| ||||||
2 | General.
| ||||||
3 | (c) Except as provided in subsection (d), any person, other | ||||||
4 | than a driver, who willfully
violates or causes another to | ||||||
5 | violate any provision of this Chapter or any
rule or regulation | ||||||
6 | issued
under this Chapter is guilty of a Class 3 felony. In | ||||||
7 | addition to any other
penalties prescribed by law, the maximum | ||||||
8 | fine for each offense is $25,000.
Such violation shall be | ||||||
9 | prosecuted
at the request of the Department
by the State's | ||||||
10 | Attorney or the Attorney General. | ||||||
11 | (d) Any driver who willfully violates Parts 392, 395, | ||||||
12 | Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any | ||||||
13 | other Part of Title 49 of the Code of Federal Regulations, as | ||||||
14 | adopted by reference in Section 18b-105 of this Code, which | ||||||
15 | would place the driver or vehicle out of service, when the | ||||||
16 | violation results in a motor vehicle crash accident that causes | ||||||
17 | great bodily harm, permanent disability or disfigurement, or | ||||||
18 | death to another person, is guilty of a Class 3 felony. Any | ||||||
19 | person other than the driver who willfully violates Parts 392, | ||||||
20 | 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or | ||||||
21 | any other Part of Title 49 of the Code of Federal Regulations, | ||||||
22 | as adopted by reference in Section 18b-105 of this Code, which | ||||||
23 | would place the driver or vehicle out of service, when the | ||||||
24 | violation results in a motor vehicle crash accident that causes | ||||||
25 | great bodily harm, permanent disability or disfigurement, or | ||||||
26 | death to another person, is guilty of a Class 2 felony.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-291, eff. 1-1-16 .)
| ||||||
2 | (625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
| ||||||
3 | Sec. 18c-6502. Report and Investigation of Crashes | ||||||
4 | Accidents . (1) Reports.
Every motor carrier of passengers shall | ||||||
5 | report to the
Commission, by the speediest means possible, | ||||||
6 | whether telephone,
telegraph, or otherwise, every crash | ||||||
7 | accident involving its
equipment which resulted in loss of life | ||||||
8 | to any person. In
addition to reports required to be filed with | ||||||
9 | the Department of
Transportation, under Article IV of Chapter | ||||||
10 | 11 and Chapter 7 of this
Code, such carrier shall file a | ||||||
11 | written report with the
Commission, in accordance with | ||||||
12 | regulations adopted hereunder,
of any crash accident which | ||||||
13 | results in injury or loss of life to
any employee, or damage to | ||||||
14 | the person or property of any
member of the public. The | ||||||
15 | Commission and the Department of
Transportation may adopt, by
| ||||||
16 | reference, such state or federal reporting requirements as
will | ||||||
17 | effectuate the purposes of this Section and promote
uniformity | ||||||
18 | in bus crash accident reporting.
| ||||||
19 | (2) Investigations.
The Commission and the Department of | ||||||
20 | Transportation may investigate any
bus crash accident reported | ||||||
21 | to
it or of which it acquires knowledge independent of reports
| ||||||
22 | made by motor carriers of passengers, and shall have the
power | ||||||
23 | to enter such orders and adopt such regulations as will
| ||||||
24 | minimize the risk of future crashes accidents .
| ||||||
25 | (Source: P.A. 84-1246.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
| ||||||
2 | Sec. 18c-7402. Safety requirements for railroad | ||||||
3 | operations.
| ||||||
4 | (1) Obstruction of crossings.
| ||||||
5 | (a) Obstruction of emergency vehicles.
Every railroad | ||||||
6 | shall be operated in such a manner as to
minimize | ||||||
7 | obstruction of emergency vehicles at crossings.
Where such | ||||||
8 | obstruction occurs and the train crew is
aware of the | ||||||
9 | obstruction, the train crew shall
immediately take any | ||||||
10 | action, consistent with safe
operating procedure, | ||||||
11 | necessary to remove the
obstruction. In the Chicago and St. | ||||||
12 | Louis switching
districts, every railroad dispatcher or | ||||||
13 | other person
responsible for the movement of railroad | ||||||
14 | equipment in a
specific area who receives notification that | ||||||
15 | railroad
equipment is obstructing the movement of an | ||||||
16 | emergency
vehicle at any crossing within such area shall
| ||||||
17 | immediately notify the train crew through use of
existing | ||||||
18 | communication facilities. Upon notification,
the train | ||||||
19 | crew shall take immediate action in accordance
with this | ||||||
20 | paragraph.
| ||||||
21 | (b) Obstruction of highway at grade crossing | ||||||
22 | prohibited.
It is unlawful for a rail carrier to permit any | ||||||
23 | train,
railroad car or engine to obstruct public travel at | ||||||
24 | a
railroad-highway grade crossing for a period in excess
of | ||||||
25 | 10 minutes, except where such train or railroad car
is |
| |||||||
| |||||||
1 | continuously moving or cannot be moved by reason of
| ||||||
2 | circumstances over which the rail carrier has no
reasonable | ||||||
3 | control.
| ||||||
4 | In a county with a population of greater than | ||||||
5 | 1,000,000, as determined by
the most recent federal census, | ||||||
6 | during the
hours of 7:00 a.m. through 9:00 a.m. and 4:00 | ||||||
7 | p.m. through 6:00 p.m. it is
unlawful for a rail carrier to | ||||||
8 | permit any single train or railroad car to
obstruct
public | ||||||
9 | travel at a railroad-highway grade crossing in excess of a | ||||||
10 | total of 10
minutes during a 30 minute period, except where | ||||||
11 | the train or railroad
car
cannot be moved by reason or | ||||||
12 | circumstances over which the rail carrier has no
reasonable | ||||||
13 | control. Under no circumstances will a moving train be | ||||||
14 | stopped for
the purposes of
issuing a citation related to | ||||||
15 | this Section.
| ||||||
16 | However, no employee acting under the rules or orders | ||||||
17 | of the rail carrier or
its supervisory personnel may be | ||||||
18 | prosecuted for a violation of this
subsection (b).
| ||||||
19 | (c) Punishment for obstruction of grade crossing.
Any | ||||||
20 | rail carrier violating paragraph (b) of this
subsection | ||||||
21 | shall be guilty of a petty offense and fined
not less than | ||||||
22 | $200 nor more than $500 if the duration of
the obstruction | ||||||
23 | is in excess of 10 minutes but no longer
than 15 minutes. | ||||||
24 | If the duration of the obstruction
exceeds 15 minutes the | ||||||
25 | violation shall be a business
offense and the following | ||||||
26 | fines shall be imposed: if
the duration of the obstruction |
| |||||||
| |||||||
1 | is in excess of 15
minutes but no longer than 20 minutes, | ||||||
2 | the fine shall be
$500; if the duration of the obstruction | ||||||
3 | is in excess of
20 minutes but no longer than 25 minutes, | ||||||
4 | the fine shall
be $700; if the duration of the obstruction | ||||||
5 | is in excess
of 25 minutes, but no longer than 30 minutes, | ||||||
6 | the fine
shall be $900; if the duration of the obstruction | ||||||
7 | is in
excess of 30 minutes but no longer than 35 minutes, | ||||||
8 | the
fine shall be $1,000; if the duration of the | ||||||
9 | obstruction
is in excess of 35 minutes, the fine shall be | ||||||
10 | $1,000
plus an additional $500 for each 5 minutes of
| ||||||
11 | obstruction in excess of 25 minutes of obstruction.
| ||||||
12 | (2) Other operational requirements.
| ||||||
13 | (a) Bell and whistle-crossings.
Every rail carrier | ||||||
14 | shall cause a bell, and a whistle or
horn to be placed and | ||||||
15 | kept on each locomotive, and shall
cause the same to be | ||||||
16 | rung or sounded by the engineer or
fireman, at the distance | ||||||
17 | of at least 1,320 feet, from the
place where the railroad | ||||||
18 | crosses or intersects any
public highway, and shall be kept | ||||||
19 | ringing or sounding
until the highway is reached; provided | ||||||
20 | that at crossings
where the Commission shall by order | ||||||
21 | direct, only after a hearing has been
held to determine the | ||||||
22 | public is reasonably and sufficiently protected, the rail
| ||||||
23 | carrier may be excused from giving warning provided by
this | ||||||
24 | paragraph.
| ||||||
25 | (a-5) The requirements of paragraph (a) of this
| ||||||
26 | subsection (2) regarding ringing a bell and sounding a
|
| |||||||
| |||||||
1 | whistle or horn do not apply at a railroad crossing that
| ||||||
2 | has a permanently installed automated audible warning
| ||||||
3 | device authorized by the Commission under Section
| ||||||
4 | 18c-7402.1 that sounds automatically when an approaching
| ||||||
5 | train is at least 1,320 feet from the crossing and that
| ||||||
6 | keeps sounding until the lead locomotive has crossed the
| ||||||
7 | highway. The engineer or fireman may ring the bell or
sound | ||||||
8 | the whistle or horn at a railroad crossing that has a
| ||||||
9 | permanently installed audible warning device.
| ||||||
10 | (b) Speed limits.
Each rail carrier shall operate its | ||||||
11 | trains in compliance
with speed limits set by the | ||||||
12 | Commission. The Commission
may set train speed limits only | ||||||
13 | where such limits are
necessitated by extraordinary | ||||||
14 | circumstances affecting
the public safety, and shall | ||||||
15 | maintain such train speed
limits in effect only for such | ||||||
16 | time as the extraordinary
circumstances prevail.
| ||||||
17 | The Commission and the Department of Transportation | ||||||
18 | shall conduct a study
of the relation between train speeds | ||||||
19 | and railroad-highway grade crossing
safety. The Commission | ||||||
20 | shall report the findings of the study to the General
| ||||||
21 | Assembly no later than January 5, 1997.
| ||||||
22 | (c) Special speed limit; pilot project. The Commission | ||||||
23 | and the
Board of the Commuter Rail Division of the Regional | ||||||
24 | Transportation Authority
shall conduct a pilot project in | ||||||
25 | the Village of
Fox River Grove, the site of the
fatal | ||||||
26 | school bus crash accident at a railroad crossing
on October |
| |||||||
| |||||||
1 | 25, 1995, in order to improve railroad crossing safety. For | ||||||
2 | this
project, the Commission is directed to set the maximum | ||||||
3 | train speed limit for
Regional Transportation Authority | ||||||
4 | trains at 50 miles per hour at intersections
on
that | ||||||
5 | portion of
the intrastate rail line located in the Village | ||||||
6 | of Fox River Grove.
If the Regional Transportation | ||||||
7 | Authority deliberately fails to comply with this
maximum | ||||||
8 | speed
limit, then any entity, governmental or otherwise, | ||||||
9 | that provides capital or
operational funds to the Regional | ||||||
10 | Transportation
Authority shall appropriately reduce or | ||||||
11 | eliminate that funding.
The Commission shall report
to the | ||||||
12 | Governor and the General Assembly on the results of this | ||||||
13 | pilot
project in January
1999, January 2000, and January | ||||||
14 | 2001. The Commission shall also submit a final
report on | ||||||
15 | the pilot project to the Governor and the General Assembly | ||||||
16 | in January
2001. The provisions of this
subsection (c), | ||||||
17 | other than this sentence, are inoperative after February 1,
| ||||||
18 | 2001.
| ||||||
19 | (d) Freight train crew size. No rail carrier shall | ||||||
20 | operate or cause to operate a train or light engine used in | ||||||
21 | connection with the movement of freight unless it has an | ||||||
22 | operating crew consisting of at least 2 individuals. The | ||||||
23 | minimum freight train crew size indicated in this | ||||||
24 | subsection (d) shall remain in effect until a federal law | ||||||
25 | or rule encompassing the subject matter has been adopted. | ||||||
26 | The Commission, with respect to freight train crew member |
| |||||||
| |||||||
1 | size under this subsection (d), has the power to conduct | ||||||
2 | evidentiary hearings, make findings, and issue and enforce | ||||||
3 | orders, including sanctions under Section 18c-1704 of this | ||||||
4 | Chapter. As used in this subsection (d), "train or light | ||||||
5 | engine" does not include trains operated by a hostler | ||||||
6 | service or utility employees. | ||||||
7 | (3) Report and investigation of rail accidents.
| ||||||
8 | (a) Reports.
Every rail carrier shall report to the | ||||||
9 | Commission, by
the speediest means possible, whether | ||||||
10 | telephone,
telegraph, or otherwise, every accident | ||||||
11 | involving its
equipment, track, or other property which | ||||||
12 | resulted in
loss of life to any person. In addition, such | ||||||
13 | carriers
shall file a written report with the Commission.
| ||||||
14 | Reports submitted under this paragraph shall be strictly
| ||||||
15 | confidential, shall be specifically prohibited from
| ||||||
16 | disclosure, and shall not be admissible in any
| ||||||
17 | administrative or judicial proceeding relating to the
| ||||||
18 | accidents reported.
| ||||||
19 | (b) Investigations.
The Commission may investigate all | ||||||
20 | railroad accidents
reported to it or of which it acquires | ||||||
21 | knowledge
independent of reports made by rail carriers, and | ||||||
22 | shall
have the power, consistent with standards and
| ||||||
23 | procedures established under the Federal Railroad Safety | ||||||
24 | Act, as amended, to
enter such
temporary orders as will | ||||||
25 | minimize the risk of future accidents pending notice,
| ||||||
26 | hearing, and final action by the Commission.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-201, eff. 8-18-17; 101-294, eff. 1-1-20 .)
| ||||||
2 | (625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
| ||||||
3 | Sec. 20-202. Act not retroactive. This Act shall not have a | ||||||
4 | retroactive effect and shall not apply to
any traffic crash | ||||||
5 | accident , to a cause of action arising out of a traffic
crash | ||||||
6 | accident or judgment arising therefrom, or to any violation of | ||||||
7 | the laws
of this State, occurring prior to the effective date | ||||||
8 | of this Act.
| ||||||
9 | (Source: P.A. 76-1586.)
| ||||||
10 | Section 115. The Child Passenger Protection Act is amended | ||||||
11 | by changing Section 2 as follows:
| ||||||
12 | (625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
| ||||||
13 | Sec. 2. Legislative Finding - Purpose. The General Assembly | ||||||
14 | finds that
a substantial number of passengers under the age of | ||||||
15 | 8 years riding in
motor
vehicles, which are most frequently | ||||||
16 | operated by a parent, annually die or
sustain serious physical | ||||||
17 | injury as a direct result of not being placed in
an appropriate | ||||||
18 | child passenger restraint system.
Motor vehicle crashes are the | ||||||
19 | leading cause of death for children
of every age from 4 to 14 | ||||||
20 | years old.
The General Assembly further finds that
the safety | ||||||
21 | of the motoring public is seriously threatened as indicated by
| ||||||
22 | the significant number of traffic crashes accidents annually | ||||||
23 | caused, directly or
indirectly, by driver distraction or other |
| |||||||
| |||||||
1 | impairment of driving ability
induced by the movement or | ||||||
2 | actions of unrestrained passengers under the age of
8 years.
| ||||||
3 | It is the purpose of this Act to further protect the | ||||||
4 | health, safety and
welfare of motor vehicle passengers under | ||||||
5 | the age of 8 years and the
motoring
public through the proper | ||||||
6 | utilization of approved child restraint systems.
| ||||||
7 | (Source: P.A. 93-100, eff. 1-1-04.)
| ||||||
8 | Section 120. The Renter's Financial Responsibility and | ||||||
9 | Protection Act is amended by changing Section 5 as follows:
| ||||||
10 | (625 ILCS 27/5)
| ||||||
11 | Sec. 5. Legislative findings. The General Assembly finds | ||||||
12 | and declares
the
following:
| ||||||
13 | (a) Amendments enacted in 1988 which limit negligent | ||||||
14 | drivers' liability
for damage to vehicles rented from motor | ||||||
15 | vehicle rental companies to $200 have
had the unintended, | ||||||
16 | anti-consumer effect of unfairly transferring most of the
costs | ||||||
17 | of liability for renters' negligence to car rental companies.
| ||||||
18 | (b) This transfer of liability from negligent renters has | ||||||
19 | forced
Illinois rental companies and dealers to experience | ||||||
20 | significant financial
losses in the form of actual costs to | ||||||
21 | repair, service, and replace vehicles and
loss of economic | ||||||
22 | opportunity by being deprived of the rental use of damaged or
| ||||||
23 | destroyed rental cars; as a result, many Illinois vehicle | ||||||
24 | rental companies in
Illinois have been forced to close because |
| |||||||
| |||||||
1 | of the current amendments, and high
risk to capital threatens | ||||||
2 | to close existing companies; economic losses
have also resulted | ||||||
3 | in Illinois renters paying daily and weekly vehicle rental
| ||||||
4 | rates almost two-fold higher than renters in other states, | ||||||
5 | including those
states surrounding Illinois.
| ||||||
6 | (c) As the vast majority of renters in Illinois are | ||||||
7 | non-Illinois
residents, the increased damage costs of rental | ||||||
8 | car companies and dealers are
absorbed and paid by all Illinois | ||||||
9 | consumers and business.
| ||||||
10 | (d) The current law also threatens the public safety of all | ||||||
11 | Illinois
citizens as it has contributed to an almost three-fold | ||||||
12 | increase in driver crash
accident and fatality rates in | ||||||
13 | Illinois.
| ||||||
14 | (Source: P.A. 90-113, eff. 7-14-97.)
| ||||||
15 | Section 125. The Transportation Network Providers Act is | ||||||
16 | amended by changing Section 10 as follows:
| ||||||
17 | (625 ILCS 57/10) | ||||||
18 | (Section scheduled to be repealed on June 1, 2020)
| ||||||
19 | Sec. 10. Insurance. | ||||||
20 | (a) Transportation network companies and participating TNC | ||||||
21 | drivers shall comply with the automobile liability insurance | ||||||
22 | requirements of this Section as required. | ||||||
23 | (b) The following automobile liability insurance | ||||||
24 | requirements shall apply from the moment a participating TNC |
| |||||||
| |||||||
1 | driver logs on to the transportation network company's digital | ||||||
2 | network or software application until the TNC driver accepts a | ||||||
3 | request to transport a passenger, and from the moment the TNC | ||||||
4 | driver completes the transaction on the digital network or | ||||||
5 | software application or the ride is complete, whichever is | ||||||
6 | later, until the TNC driver either accepts another ride request | ||||||
7 | on the digital network or software application or logs off the | ||||||
8 | digital network or software application: | ||||||
9 | (1) Automobile liability insurance shall be in the | ||||||
10 | amount of at least $50,000 for death and personal injury | ||||||
11 | per person, $100,000 for death and personal injury per | ||||||
12 | incident, and $25,000 for property damage. | ||||||
13 | (2) Contingent automobile liability insurance in the | ||||||
14 | amounts required in paragraph (1) of this subsection (b) | ||||||
15 | shall be maintained by a transportation network company and | ||||||
16 | provide coverage in the event a participating TNC driver's | ||||||
17 | own automobile liability policy excludes coverage | ||||||
18 | according to its policy terms or does not provide at least | ||||||
19 | the limits of coverage required in paragraph (1) of this | ||||||
20 | subsection (b). | ||||||
21 | (c) The following automobile liability insurance | ||||||
22 | requirements shall apply from the moment a TNC driver accepts a | ||||||
23 | ride request on the transportation network company's digital | ||||||
24 | network or software application until the TNC driver completes | ||||||
25 | the transaction on the digital network or software application | ||||||
26 | or until the ride is complete, whichever is later:
|
| |||||||
| |||||||
1 | (1) Automobile liability insurance shall be primary | ||||||
2 | and in the amount of $1,000,000 for death, personal injury, | ||||||
3 | and property damage. The requirements for the coverage | ||||||
4 | required by this paragraph (1) may be satisfied by any of | ||||||
5 | the following:
| ||||||
6 | (A) automobile liability insurance maintained by a | ||||||
7 | participating TNC driver;
| ||||||
8 | (B) automobile liability company insurance | ||||||
9 | maintained by a transportation network company; or
| ||||||
10 | (C) any combination of subparagraphs (A) and (B).
| ||||||
11 | (2) Insurance coverage provided under this subsection | ||||||
12 | (c) shall also provide for uninsured motorist coverage and | ||||||
13 | underinsured motorist coverage in the amount of $50,000 | ||||||
14 | from the moment a passenger enters the vehicle of a | ||||||
15 | participating TNC driver until the passenger exits the | ||||||
16 | vehicle.
| ||||||
17 | (3) The insurer, in the case of insurance coverage | ||||||
18 | provided under this subsection (c), shall have the duty to | ||||||
19 | defend and indemnify the insured.
| ||||||
20 | (4) Coverage under an automobile liability insurance | ||||||
21 | policy required under this subsection (c) shall not be | ||||||
22 | dependent on a personal automobile insurance policy first | ||||||
23 | denying a claim nor shall a personal automobile insurance | ||||||
24 | policy be required to first deny a claim. | ||||||
25 | (d) In every instance when automobile liability insurance | ||||||
26 | maintained by a participating TNC driver to fulfill the |
| |||||||
| |||||||
1 | insurance obligations of this Section has lapsed or ceased to | ||||||
2 | exist, the transportation network company shall provide the | ||||||
3 | coverage required by this Section beginning with the first | ||||||
4 | dollar of a claim. | ||||||
5 | (e) This Section shall not limit the liability of a | ||||||
6 | transportation network company arising out of an automobile | ||||||
7 | crash accident involving a participating TNC driver in any | ||||||
8 | action for damages against a transportation network company for | ||||||
9 | an amount above the required insurance coverage. | ||||||
10 | (f) The transportation network company shall disclose in | ||||||
11 | writing to TNC drivers, as part of its agreement with those TNC | ||||||
12 | drivers, the following:
| ||||||
13 | (1) the insurance coverage and limits of liability that | ||||||
14 | the transportation network company provides while the TNC | ||||||
15 | driver uses a vehicle in connection with a transportation | ||||||
16 | network company's digital network or software application; | ||||||
17 | and
| ||||||
18 | (2) that the TNC driver's own insurance policy may not | ||||||
19 | provide coverage while the TNC driver uses a vehicle in | ||||||
20 | connection with a transportation network company digital | ||||||
21 | network depending on its terms. | ||||||
22 | (g) An insurance policy required by this Section may be | ||||||
23 | placed with an admitted Illinois insurer, or with an authorized | ||||||
24 | surplus line insurer under Section 445 of the Illinois | ||||||
25 | Insurance Code; and is not subject to any restriction or | ||||||
26 | limitation on the issuance of a policy contained in Section |
| |||||||
| |||||||
1 | 445a of the Illinois Insurance Code. | ||||||
2 | (h) Any insurance policy required by this Section shall | ||||||
3 | satisfy the financial responsibility requirement for a motor | ||||||
4 | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | ||||||
5 | Code.
| ||||||
6 | (i) If a transportation network company's insurer makes a | ||||||
7 | payment for a claim covered under comprehensive coverage or | ||||||
8 | collision coverage, the transportation network company shall | ||||||
9 | cause its insurer to issue the payment directly to the business | ||||||
10 | repairing the vehicle, or jointly to the owner of the vehicle | ||||||
11 | and the primary lienholder on the covered vehicle. | ||||||
12 | (Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.)
| ||||||
13 | Section 130. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 3-5, 12C-60, and 36-1 as follows:
| ||||||
15 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| ||||||
16 | Sec. 3-5. General limitations. | ||||||
17 | (a) A prosecution for: (1) first degree murder, attempt to | ||||||
18 | commit first
degree
murder, second degree murder,
involuntary | ||||||
19 | manslaughter, reckless homicide, a violation of subparagraph | ||||||
20 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
21 | Illinois Vehicle Code for the offense of aggravated driving | ||||||
22 | under the influence of alcohol, other drug or drugs, or | ||||||
23 | intoxicating compound or compounds, or any combination thereof | ||||||
24 | when the violation was a proximate cause of a death, leaving |
| |||||||
| |||||||
1 | the scene of a motor vehicle crash accident involving death or | ||||||
2 | personal injuries under Section 11-401 of the Illinois Vehicle | ||||||
3 | Code, failing to give information and render aid under Section | ||||||
4 | 11-403 of the Illinois Vehicle Code, concealment of homicidal
| ||||||
5 | death, treason, arson, residential arson, aggravated arson, | ||||||
6 | forgery, child pornography under paragraph (1) of subsection | ||||||
7 | (a) of Section 11-20.1, or aggravated child pornography under | ||||||
8 | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any | ||||||
9 | offense
involving sexual conduct or sexual penetration, as | ||||||
10 | defined by
Section 11-0.1 of this Code may be commenced at any
| ||||||
11 | time.
| ||||||
12 | (a-5) A prosecution for theft of property exceeding | ||||||
13 | $100,000 in value under Section 16-1, identity theft under | ||||||
14 | subsection (a) of Section 16-30, aggravated identity theft | ||||||
15 | under subsection (b) of Section 16-30, financial exploitation | ||||||
16 | of an elderly person or a person with a disability under | ||||||
17 | Section 17-56; or any offense set forth in Article 16H or | ||||||
18 | Section 17-10.6 may be commenced within 7 years of the last act | ||||||
19 | committed in furtherance of the crime. | ||||||
20 | (b) Unless the statute describing the offense provides | ||||||
21 | otherwise, or the
period of limitation is extended by Section | ||||||
22 | 3-6, a prosecution for any
offense not designated in subsection | ||||||
23 | (a) or (a-5) must be commenced within 3 years
after the | ||||||
24 | commission of the offense if it is a felony, or within one year
| ||||||
25 | and 6 months after its commission if it is a misdemeanor.
| ||||||
26 | (Source: P.A. 100-149, eff. 1-1-18; 100-863, eff. 8-14-18; |
| |||||||
| |||||||
1 | 101-130, eff. 1-1-20 .)
| ||||||
2 | (720 ILCS 5/12C-60) | ||||||
3 | Sec. 12C-60. Curfew. | ||||||
4 | (a) Curfew offenses. | ||||||
5 | (1) A minor commits a curfew offense when he or she | ||||||
6 | remains in any public place or on the premises of any | ||||||
7 | establishment during curfew hours. | ||||||
8 | (2) A parent or guardian of a minor or other person in | ||||||
9 | custody or control of a minor commits a curfew offense when | ||||||
10 | he or she knowingly permits the minor to remain in any | ||||||
11 | public place or on the premises of any establishment during | ||||||
12 | curfew hours. | ||||||
13 | (b) Curfew defenses. It is a defense to prosecution under | ||||||
14 | subsection (a) that the minor was: | ||||||
15 | (1) accompanied by the minor's parent or guardian or | ||||||
16 | other person in custody or control of the minor; | ||||||
17 | (2) on an errand at the direction of the minor's parent | ||||||
18 | or guardian, without any detour or stop; | ||||||
19 | (3) in a motor vehicle involved in interstate travel; | ||||||
20 | (4) engaged in an employment activity or going to or | ||||||
21 | returning home from an employment activity, without any | ||||||
22 | detour or stop; | ||||||
23 | (5) involved in an emergency; | ||||||
24 | (6) on the sidewalk abutting the minor's residence or | ||||||
25 | abutting the residence of a next-door neighbor if the |
| |||||||
| |||||||
1 | neighbor did not complain to the police department about | ||||||
2 | the minor's presence; | ||||||
3 | (7) attending an official school, religious, or other | ||||||
4 | recreational activity supervised by adults and sponsored | ||||||
5 | by a government or governmental agency, a civic | ||||||
6 | organization, or another similar entity that takes | ||||||
7 | responsibility for the minor, or going to or returning home | ||||||
8 | from, without any detour or stop, an official school, | ||||||
9 | religious, or other recreational activity supervised by | ||||||
10 | adults and sponsored by a government or governmental | ||||||
11 | agency, a civic organization, or another similar entity | ||||||
12 | that takes responsibility for the minor; | ||||||
13 | (8) exercising First Amendment rights protected by the | ||||||
14 | United States Constitution, such as the free exercise of | ||||||
15 | religion, freedom of speech, and the right of assembly; or | ||||||
16 | (9) married or had been married or is an emancipated | ||||||
17 | minor under the Emancipation of Minors Act. | ||||||
18 | (c) Enforcement. Before taking any enforcement action | ||||||
19 | under this Section, a law enforcement officer shall ask the | ||||||
20 | apparent offender's age and reason for being in the public | ||||||
21 | place. The officer shall not issue a citation or make an arrest | ||||||
22 | under this Section unless the officer reasonably believes that | ||||||
23 | an offense has occurred and that, based on any response and | ||||||
24 | other circumstances, no defense in subsection (b) is present.
| ||||||
25 | (d) Definitions. In this Section: | ||||||
26 | (1) "Curfew hours" means: |
| |||||||
| |||||||
1 | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; | ||||||
2 | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and | ||||||
3 | (C) Between 11:00 p.m. on Sunday to Thursday, | ||||||
4 | inclusive, and 6:00 a.m. on the following day. | ||||||
5 | (2) "Emergency" means an unforeseen combination of | ||||||
6 | circumstances or the resulting state that calls for | ||||||
7 | immediate action. The term includes, but is not limited to, | ||||||
8 | a fire, a natural disaster, an automobile crash accident , | ||||||
9 | or any situation requiring immediate action to prevent | ||||||
10 | serious bodily injury or loss of life. | ||||||
11 | (3) "Establishment" means any privately-owned place of
| ||||||
12 | business operated for a profit to which the public is
| ||||||
13 | invited, including, but not limited to, any place of | ||||||
14 | amusement
or entertainment.
| ||||||
15 | (4) "Guardian" means: | ||||||
16 | (A) a person who, under court order, is the | ||||||
17 | guardian of the person of a minor; or | ||||||
18 | (B) a public or private agency with whom a minor | ||||||
19 | has been placed by a court. | ||||||
20 | (5) "Minor" means any person under 17 years of age. | ||||||
21 | (6) "Parent" means a person who is: | ||||||
22 | (A) a natural parent, adoptive parent, or | ||||||
23 | step-parent of another person; or | ||||||
24 | (B) at least 18 years of age and authorized by a | ||||||
25 | parent or guardian to have the care and custody of a | ||||||
26 | minor. |
| |||||||
| |||||||
1 | (7) "Public place" means any place to which the public | ||||||
2 | or a substantial group of the public has access and | ||||||
3 | includes, but is not limited to, streets, highways, and the | ||||||
4 | common areas of schools, hospitals, apartment houses, | ||||||
5 | office buildings, transport facilities, and shops. | ||||||
6 | (8) "Remain" means to: | ||||||
7 | (A) linger or stay; or | ||||||
8 | (B) fail to leave premises when requested to do so | ||||||
9 | by a police officer or the owner, operator, or other | ||||||
10 | person in control of the premises. | ||||||
11 | (9) "Serious bodily injury" means bodily injury that | ||||||
12 | creates a substantial risk of death or that causes death, | ||||||
13 | serious permanent disfigurement, or protracted loss or | ||||||
14 | impairment of the function of any bodily member or organ. | ||||||
15 | (e) Sentence. A violation of this Section
is a petty | ||||||
16 | offense with a fine of not less than
$10 nor
more than $500, | ||||||
17 | except that neither a person who has been made a ward of the
| ||||||
18 | court under the Juvenile Court Act of 1987, nor that person's | ||||||
19 | legal guardian,
shall be subject to any fine. In addition to or | ||||||
20 | instead of the
fine imposed
by this Section, the court may | ||||||
21 | order a parent, legal guardian, or other person
convicted of a | ||||||
22 | violation of subsection (a) of this
Section to perform | ||||||
23 | community service as determined by the court, except that
the | ||||||
24 | legal guardian of a person who has been made a ward of the | ||||||
25 | court under the
Juvenile Court Act of 1987 may not be ordered | ||||||
26 | to perform community service.
The dates and
times established |
| |||||||
| |||||||
1 | for the performance of community service by the parent, legal
| ||||||
2 | guardian, or other person convicted of a violation of | ||||||
3 | subsection (a) of this
Section shall not conflict with the | ||||||
4 | dates and times that the person is
employed in his or her | ||||||
5 | regular occupation. | ||||||
6 | (f) County, municipal and other local boards and bodies | ||||||
7 | authorized to
adopt local police laws and regulations under the | ||||||
8 | constitution and laws of
this State may exercise legislative or | ||||||
9 | regulatory authority over this
subject matter by ordinance or | ||||||
10 | resolution incorporating the substance of
this Section or | ||||||
11 | increasing the requirements thereof or otherwise not in
| ||||||
12 | conflict with this Section.
| ||||||
13 | (Source: P.A. 97-1109, eff. 1-1-13.)
| ||||||
14 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
15 | Sec. 36-1. Property subject to forfeiture. | ||||||
16 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
17 | subject to forfeiture under this Article if the vessel or | ||||||
18 | watercraft, vehicle, or aircraft is used with the knowledge
and | ||||||
19 | consent of the owner in the commission of or in the attempt to | ||||||
20 | commit as
defined in Section 8-4 of this Code: | ||||||
21 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
22 | murder), Section
9-3 (involuntary manslaughter and | ||||||
23 | reckless homicide), Section
10-2 (aggravated kidnaping), | ||||||
24 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
25 | (aggravated criminal sexual assault), Section 11-1.40 |
| |||||||
| |||||||
1 | (predatory criminal sexual assault of a child), subsection | ||||||
2 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
3 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
4 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
5 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
6 | except for keeping a place of juvenile prostitution), | ||||||
7 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
8 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
9 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
10 | (aggravated battery), Section
12-7.3 (stalking), Section | ||||||
11 | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||||||
12 | theft is of precious metal or of scrap metal), subdivision | ||||||
13 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
14 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
15 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
16 | (residential burglary), Section 20-1 (arson; residential | ||||||
17 | arson; place of worship arson), Section 20-2 (possession of | ||||||
18 | explosives or explosive or incendiary devices), | ||||||
19 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
20 | of weapons), Section
24-1.2 (aggravated discharge of a | ||||||
21 | firearm), Section
24-1.2-5 (aggravated discharge of a | ||||||
22 | machine gun or a firearm equipped with a device designed or | ||||||
23 | used for silencing the report of a firearm), Section
24-1.5 | ||||||
24 | (reckless discharge of a firearm), Section 28-1 | ||||||
25 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
26 | substance) of this Code; |
| |||||||
| |||||||
1 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
2 | 26 of the Cigarette Tax
Act if the vessel or watercraft, | ||||||
3 | vehicle, or aircraft contains more than 10 cartons of
such | ||||||
4 | cigarettes; | ||||||
5 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
6 | the Cigarette Use Tax Act if
the vessel or watercraft, | ||||||
7 | vehicle, or aircraft contains more than 10 cartons of such
| ||||||
8 | cigarettes; | ||||||
9 | (4) an offense prohibited by Section 44 of the | ||||||
10 | Environmental Protection Act; | ||||||
11 | (5) an offense prohibited by
Section 11-204.1
of the | ||||||
12 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
13 | elude a peace officer); | ||||||
14 | (6) an offense prohibited by Section 11-501 of the | ||||||
15 | Illinois Vehicle Code (driving while under the influence of | ||||||
16 | alcohol or other drug or drugs, intoxicating compound or | ||||||
17 | compounds or any combination thereof) or a similar | ||||||
18 | provision of a local ordinance, and: | ||||||
19 | (A) during a period in which his
or her driving | ||||||
20 | privileges are revoked or suspended if
the revocation | ||||||
21 | or suspension was for: | ||||||
22 | (i) Section 11-501 (driving under the | ||||||
23 | influence of alcohol or other drug or drugs, | ||||||
24 | intoxicating compound or compounds or any
| ||||||
25 | combination thereof), | ||||||
26 | (ii) Section 11-501.1 (statutory summary |
| |||||||
| |||||||
1 | suspension or revocation), | ||||||
2 | (iii) paragraph (b) of Section
11-401 (motor | ||||||
3 | vehicle crashes accidents involving death or | ||||||
4 | personal injuries), or | ||||||
5 | (iv) reckless homicide as defined in Section | ||||||
6 | 9-3
of this Code; | ||||||
7 | (B) has been previously convicted of reckless | ||||||
8 | homicide or a similar provision of a law of another | ||||||
9 | state relating to reckless homicide in which the person | ||||||
10 | was determined to have been under the influence of | ||||||
11 | alcohol, other drug or drugs, or intoxicating compound | ||||||
12 | or compounds as an element of the offense or the person | ||||||
13 | has previously been convicted of committing a | ||||||
14 | violation of
driving under the influence of alcohol or | ||||||
15 | other drug or drugs, intoxicating compound or | ||||||
16 | compounds or any
combination thereof and was involved | ||||||
17 | in a motor vehicle crash accident that resulted in | ||||||
18 | death, great bodily harm, or permanent disability or | ||||||
19 | disfigurement to another, when the violation was a | ||||||
20 | proximate cause of the death or injuries; | ||||||
21 | (C) the person committed a violation of driving | ||||||
22 | under the influence of alcohol or other drug or drugs, | ||||||
23 | intoxicating compound or compounds or any
combination | ||||||
24 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
25 | Code or a similar provision for the third or subsequent
| ||||||
26 | time; |
| |||||||
| |||||||
1 | (D) he
or she did not possess a valid driver's | ||||||
2 | license or permit or a valid restricted driving permit | ||||||
3 | or a valid judicial driving permit or a valid | ||||||
4 | monitoring device driving permit; or | ||||||
5 | (E) he or she knew or should have known that the | ||||||
6 | vehicle he or she was driving was not covered by a | ||||||
7 | liability insurance policy; | ||||||
8 | (7) an offense described in subsection (g) of Section | ||||||
9 | 6-303 of the
Illinois Vehicle Code; | ||||||
10 | (8) an offense described in subsection (e) of
Section | ||||||
11 | 6-101 of the Illinois Vehicle Code; or | ||||||
12 | (9)(A) operating a watercraft under the influence of | ||||||
13 | alcohol, other drug or drugs, intoxicating compound or | ||||||
14 | compounds, or combination thereof under Section 5-16 of the | ||||||
15 | Boat Registration and Safety Act during a period in which | ||||||
16 | his or her privileges to operate a watercraft are revoked | ||||||
17 | or suspended and the revocation or suspension was for | ||||||
18 | operating a watercraft under the influence of alcohol, | ||||||
19 | other drug or drugs, intoxicating compound or compounds, or | ||||||
20 | combination thereof; (B) operating a watercraft under the | ||||||
21 | influence of alcohol, other drug or drugs, intoxicating | ||||||
22 | compound or compounds, or combination thereof and has been | ||||||
23 | previously convicted of reckless homicide or a similar | ||||||
24 | provision of a law in another state relating to reckless | ||||||
25 | homicide in which the person was determined to have been | ||||||
26 | under the influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | intoxicating compound or compounds, or combination thereof | ||||||
2 | as an element of the offense or the person has previously | ||||||
3 | been convicted of committing a violation of operating a | ||||||
4 | watercraft under the influence of alcohol, other drug or | ||||||
5 | drugs, intoxicating compound or compounds, or combination | ||||||
6 | thereof and was involved in an accident that resulted in | ||||||
7 | death, great bodily harm, or permanent disability or | ||||||
8 | disfigurement to another, when the violation was a | ||||||
9 | proximate cause of the death or injuries; or (C) the person | ||||||
10 | committed a violation of operating a watercraft under the | ||||||
11 | influence of alcohol, other drug or drugs, intoxicating | ||||||
12 | compound or compounds, or combination thereof under | ||||||
13 | Section 5-16 of the Boat Registration and Safety Act or a | ||||||
14 | similar provision for the third or subsequent time.
| ||||||
15 | (b) In addition, any mobile or portable equipment used in | ||||||
16 | the commission of an
act which is in violation of Section 7g of | ||||||
17 | the Metropolitan Water Reclamation
District Act shall be | ||||||
18 | subject to seizure and forfeiture under the same
procedures | ||||||
19 | provided in this Article for the seizure and forfeiture of | ||||||
20 | vessels or watercraft,
vehicles, and aircraft, and any such | ||||||
21 | equipment shall be deemed a vessel or watercraft, vehicle,
or | ||||||
22 | aircraft for purposes of this Article.
| ||||||
23 | (c) In addition, when a person discharges a firearm at | ||||||
24 | another individual from a vehicle with
the knowledge and | ||||||
25 | consent of the owner of the vehicle and with the intent to
| ||||||
26 | cause death or great bodily harm to that individual and as a |
| |||||||
| |||||||
1 | result causes
death or great bodily harm to that individual, | ||||||
2 | the vehicle shall be subject to
seizure and forfeiture under | ||||||
3 | the same procedures provided in this Article for
the seizure | ||||||
4 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
5 | (2), (3), or (4) of subsection (a) of this Section.
| ||||||
6 | (d) If the spouse of the owner of a vehicle seized for
an | ||||||
7 | offense described in subsection (g) of Section 6-303 of the
| ||||||
8 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
9 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
10 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||||||
11 | Code makes a showing
that the seized vehicle is the only source | ||||||
12 | of transportation and it is
determined that the financial | ||||||
13 | hardship to the family as a result of the seizure
outweighs the | ||||||
14 | benefit to the State from the seizure, the vehicle may be
| ||||||
15 | forfeited to the spouse or family member and the title to the | ||||||
16 | vehicle shall be
transferred to the spouse or family member who | ||||||
17 | is properly licensed and who
requires the use of the vehicle | ||||||
18 | for employment or family transportation
purposes. A written | ||||||
19 | declaration of forfeiture of a vehicle under this
Section shall | ||||||
20 | be sufficient cause for the title to be transferred to the | ||||||
21 | spouse
or family member. The provisions of this paragraph shall | ||||||
22 | apply only to one
forfeiture per vehicle. If the vehicle is the | ||||||
23 | subject of a subsequent
forfeiture proceeding by virtue of a | ||||||
24 | subsequent conviction of either spouse or
the family member, | ||||||
25 | the spouse or family member to whom the vehicle was
forfeited | ||||||
26 | under the first forfeiture proceeding may not utilize the
|
| |||||||
| |||||||
1 | provisions of this paragraph in another forfeiture proceeding. | ||||||
2 | If the owner of
the vehicle seized owns more than one vehicle,
| ||||||
3 | the procedure set out in this paragraph may be used for only | ||||||
4 | one vehicle.
| ||||||
5 | (e) In addition, property subject to forfeiture under | ||||||
6 | Section 40 of the Illinois Streetgang
Terrorism Omnibus | ||||||
7 | Prevention Act may be seized and forfeited under this
Article.
| ||||||
8 | (Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18 .)
| ||||||
9 | Section 135. The Code of Criminal Procedure of 1963 is | ||||||
10 | amended by changing Section 102-7.1 as follows:
| ||||||
11 | (725 ILCS 5/102-7.1) | ||||||
12 | Sec. 102-7.1. "Category A offense". "Category A offense" | ||||||
13 | means a Class 1 felony, Class 2 felony, Class X felony, first | ||||||
14 | degree murder, a violation of Section 11-204 of the Illinois | ||||||
15 | Vehicle Code, a second or subsequent violation of Section | ||||||
16 | 11-501 of the Illinois Vehicle Code, a violation of subsection | ||||||
17 | (d) of Section 11-501 of the Illinois Vehicle Code, a violation | ||||||
18 | of Section 11-401 of the Illinois Vehicle Code if the crash | ||||||
19 | accident results in injury and the person failed to report the | ||||||
20 | crash accident within 30 minutes, a violation of Section 9-3, | ||||||
21 | 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, | ||||||
22 | 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, | ||||||
23 | 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, | ||||||
24 | 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a |
| |||||||
| |||||||
1 | second or subsequent violation of 12-3.2 or 12-3.4 of the | ||||||
2 | Criminal Code of 2012, a violation of paragraph (5) or (6) of | ||||||
3 | subsection (b) of Section 10-9 of the Criminal Code of 2012, a | ||||||
4 | violation of subsection (b) or (c) or paragraph (1) or (2) of | ||||||
5 | subsection (a) of Section 11-1.50 of the Criminal Code of 2012, | ||||||
6 | a violation of Section 12-7 of the Criminal Code of 2012 if the | ||||||
7 | defendant inflicts bodily harm on the victim to obtain a | ||||||
8 | confession, statement, or information, a violation of Section | ||||||
9 | 12-7.5 of the Criminal Code of 2012 if the action results in | ||||||
10 | bodily harm, a violation of paragraph (3) of subsection (b) of | ||||||
11 | Section 17-2 of the Criminal Code of 2012, a violation of | ||||||
12 | subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of | ||||||
13 | 2012, a violation of paragraph (6) of subsection (a) of Section | ||||||
14 | 24-1 of the Criminal Code of 2012, a first violation of Section | ||||||
15 | 24-1.6 of the Criminal Code of 2012 by a person 18 years of age | ||||||
16 | or older where the factors listed in both items (A) and (C) or | ||||||
17 | both items (A-5) and (C) of paragraph (3) of subsection (a) of | ||||||
18 | Section 24-1.6 of the Criminal Code of 2012 are present, a | ||||||
19 | Class 3 felony violation of paragraph (1) of
subsection (a) of | ||||||
20 | Section 2 of the Firearm Owners Identification Card Act, or a | ||||||
21 | violation of Section 10 of the Sex Offender Registration Act.
| ||||||
22 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||||||
23 | Section 140. The Rights of Crime Victims and Witnesses Act | ||||||
24 | is amended by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
2 | Sec. 3. The terms used in this Act shall have the following | ||||||
3 | meanings:
| ||||||
4 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
5 | person determined by the prosecutor or the court to have | ||||||
6 | suffered direct physical or psychological harm as a result of a | ||||||
7 | violent crime perpetrated or attempted against that person or | ||||||
8 | direct physical or psychological harm as a result of (i) a | ||||||
9 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
10 | similar provision of a local ordinance or (ii) a violation of | ||||||
11 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012; (2) in the case of a crime victim who is under 18 years | ||||||
13 | of age or an adult victim who is incompetent or incapacitated, | ||||||
14 | both parents, legal guardians, foster parents, or a single | ||||||
15 | adult representative; (3) in the case of an adult deceased | ||||||
16 | victim, 2 representatives who may be the spouse, parent, child | ||||||
17 | or sibling of the victim, or the representative of the victim's | ||||||
18 | estate; and (4) an immediate family member of a victim under | ||||||
19 | clause (1) of this paragraph (a) chosen by the victim. If the | ||||||
20 | victim is 18 years of age or over, the victim may choose any | ||||||
21 | person to be the victim's representative. In no event shall the | ||||||
22 | defendant or any person who aided and abetted in the commission | ||||||
23 | of the crime be considered a victim, a crime victim, or a | ||||||
24 | representative of the victim. | ||||||
25 | A board, agency, or other governmental entity making | ||||||
26 | decisions regarding an offender's release, sentence reduction, |
| |||||||
| |||||||
1 | or clemency can determine additional persons are victims for | ||||||
2 | the purpose of its proceedings.
| ||||||
3 | (a-3) "Advocate" means a person whose communications with | ||||||
4 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
5 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
6 | Domestic Violence Act of 1986. | ||||||
7 | (a-5) "Confer" means to consult together, share | ||||||
8 | information, compare opinions and carry on a discussion or | ||||||
9 | deliberation. | ||||||
10 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
11 | imposition of sentence, a request for a reduction in sentence, | ||||||
12 | parole, mandatory supervised release, aftercare release, early | ||||||
13 | release, inpatient treatment, outpatient treatment, | ||||||
14 | conditional release after a finding that the defendant is not | ||||||
15 | guilty by reason of insanity, clemency, or a proposal that | ||||||
16 | would reduce the defendant's sentence or result in the | ||||||
17 | defendant's release. "Early release" refers to a discretionary | ||||||
18 | release. | ||||||
19 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
20 | imposition of sentence and a request for a reduction in | ||||||
21 | sentence, parole, mandatory supervised release, aftercare | ||||||
22 | release, early release, consideration of inpatient treatment | ||||||
23 | or outpatient treatment, or conditional release after a finding | ||||||
24 | that the defendant is not guilty by reason of insanity. | ||||||
25 | (a-10) "Status hearing" means a hearing designed to provide | ||||||
26 | information to the court, at which no motion of a substantive |
| |||||||
| |||||||
1 | nature and no constitutional or statutory right of a crime | ||||||
2 | victim is implicated or at issue. | ||||||
3 | (b) "Witness" means: any person who personally observed the | ||||||
4 | commission of
a crime and who will testify on behalf of the | ||||||
5 | State of Illinois; or a person who will be called by the | ||||||
6 | prosecution to give testimony establishing a necessary nexus | ||||||
7 | between the offender and the violent crime.
| ||||||
8 | (c) "Violent crime" means: (1) any felony in which force or | ||||||
9 | threat of force was
used against the victim; (2) any offense | ||||||
10 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
11 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
12 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
14 | violation of an order of
protection, a civil no contact order, | ||||||
15 | or a stalking no contact order; (6) any misdemeanor which | ||||||
16 | results in death or great bodily
harm to the victim; or (7) any | ||||||
17 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
18 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
19 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
20 | the violation resulted
in personal injury or death. "Violent | ||||||
21 | crime" includes any action committed by a juvenile
that would | ||||||
22 | be a violent crime if committed by an adult. For the purposes | ||||||
23 | of
this paragraph, "personal injury" shall include any Type A | ||||||
24 | injury as indicated
on the traffic crash accident report | ||||||
25 | completed by a law enforcement officer that
requires immediate | ||||||
26 | professional attention in either a doctor's office or
medical |
| |||||||
| |||||||
1 | facility. A type A injury shall include severely bleeding | ||||||
2 | wounds,
distorted extremities, and injuries that require the | ||||||
3 | injured party to be
carried from the scene.
| ||||||
4 | (d) (Blank).
| ||||||
5 | (e) "Court proceedings" includes, but is not limited to, | ||||||
6 | the preliminary hearing, any post-arraignment hearing the
| ||||||
7 | effect of which may be the release of the defendant from | ||||||
8 | custody or to alter
the conditions of bond, change of plea | ||||||
9 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
10 | sentencing, any oral argument or hearing before an Illinois | ||||||
11 | appellate court, any hearing under the Mental Health and | ||||||
12 | Developmental Disabilities Code or Section 5-2-4 of the Unified | ||||||
13 | Code of Corrections after a finding that the defendant is not | ||||||
14 | guilty by reason of insanity, including a hearing for | ||||||
15 | conditional release, any
hearing related to a modification of | ||||||
16 | sentence, probation revocation hearing, aftercare release or | ||||||
17 | parole hearings, post-conviction relief proceedings, habeas | ||||||
18 | corpus proceedings and clemency proceedings related to the | ||||||
19 | defendant's conviction or sentence. For purposes of the | ||||||
20 | victim's right to be present, "court proceedings" does not | ||||||
21 | include (1) hearings under Section 109-1 of the Code of | ||||||
22 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
23 | status hearings, or (4) the issuance of an order or decision of | ||||||
24 | an Illinois court that dismisses a charge, reverses a | ||||||
25 | conviction, reduces a sentence, or releases an offender under a | ||||||
26 | court rule.
|
| |||||||
| |||||||
1 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
2 | friends of the victim, witnesses to the
crime, or any other | ||||||
3 | person associated with the victim or prisoner. | ||||||
4 | (g) "Victim's attorney" means an attorney retained by the | ||||||
5 | victim for the purposes of asserting the victim's | ||||||
6 | constitutional and statutory rights. An attorney retained by | ||||||
7 | the victim means an attorney who is hired to represent the | ||||||
8 | victim at the victim's expense or an attorney who has agreed to | ||||||
9 | provide pro bono representation. Nothing in this statute | ||||||
10 | creates a right to counsel at public expense for a victim. | ||||||
11 | (h) "Support person" means a person chosen by a victim to | ||||||
12 | be present at court proceedings. | ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15; | ||||||
14 | 99-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff. | ||||||
15 | 1-1-19 .)
| ||||||
16 | Section 145. The Unified Code of Corrections is amended by | ||||||
17 | changing Sections 5-5-3.2 and 5-8-4 as follows:
| ||||||
18 | (730 ILCS 5/5-5-3.2)
| ||||||
19 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
20 | sentencing.
| ||||||
21 | (a) The following factors shall be accorded weight in favor | ||||||
22 | of
imposing a term of imprisonment or may be considered by the | ||||||
23 | court as reasons
to impose a more severe sentence under Section | ||||||
24 | 5-8-1 or Article 4.5 of Chapter V:
|
| |||||||
| |||||||
1 | (1) the defendant's conduct caused or threatened | ||||||
2 | serious harm;
| ||||||
3 | (2) the defendant received compensation for committing | ||||||
4 | the offense;
| ||||||
5 | (3) the defendant has a history of prior delinquency or | ||||||
6 | criminal activity;
| ||||||
7 | (4) the defendant, by the duties of his office or by | ||||||
8 | his position,
was obliged to prevent the particular offense | ||||||
9 | committed or to bring
the offenders committing it to | ||||||
10 | justice;
| ||||||
11 | (5) the defendant held public office at the time of the | ||||||
12 | offense,
and the offense related to the conduct of that | ||||||
13 | office;
| ||||||
14 | (6) the defendant utilized his professional reputation | ||||||
15 | or
position in the community to commit the offense, or to | ||||||
16 | afford
him an easier means of committing it;
| ||||||
17 | (7) the sentence is necessary to deter others from | ||||||
18 | committing
the same crime;
| ||||||
19 | (8) the defendant committed the offense against a | ||||||
20 | person 60 years of age
or older or such person's property;
| ||||||
21 | (9) the defendant committed the offense against a | ||||||
22 | person who has a physical disability or such person's | ||||||
23 | property;
| ||||||
24 | (10) by reason of another individual's actual or | ||||||
25 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
26 | sexual orientation, physical or mental
disability, or |
| |||||||
| |||||||
1 | national origin, the defendant committed the offense | ||||||
2 | against (i)
the person or property
of that individual; (ii) | ||||||
3 | the person or property of a person who has an
association | ||||||
4 | with, is married to, or has a friendship with the other | ||||||
5 | individual;
or (iii) the person or property of a relative | ||||||
6 | (by blood or marriage) of a
person described in clause (i) | ||||||
7 | or (ii). For the purposes of this Section,
"sexual | ||||||
8 | orientation" has the meaning ascribed to it in paragraph | ||||||
9 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
10 | (11) the offense took place in a place of worship or on | ||||||
11 | the
grounds of a place of worship, immediately prior to, | ||||||
12 | during or immediately
following worship services. For | ||||||
13 | purposes of this subparagraph, "place of
worship" shall | ||||||
14 | mean any church, synagogue or other building, structure or
| ||||||
15 | place used primarily for religious worship;
| ||||||
16 | (12) the defendant was convicted of a felony committed | ||||||
17 | while he was
released on bail or his own recognizance | ||||||
18 | pending trial for a prior felony
and was convicted of such | ||||||
19 | prior felony, or the defendant was convicted of a
felony | ||||||
20 | committed while he was serving a period of probation,
| ||||||
21 | conditional discharge, or mandatory supervised release | ||||||
22 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
23 | (13) the defendant committed or attempted to commit a | ||||||
24 | felony while he
was wearing a bulletproof vest. For the | ||||||
25 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
26 | device which is designed for the purpose of
protecting the |
| |||||||
| |||||||
1 | wearer from bullets, shot or other lethal projectiles;
| ||||||
2 | (14) the defendant held a position of trust or | ||||||
3 | supervision such as, but
not limited to, family member as | ||||||
4 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
5 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
6 | relation to a victim under 18 years of age, and the | ||||||
7 | defendant committed an
offense in violation of Section | ||||||
8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
9 | 11-14.4 except for an offense that involves keeping a place | ||||||
10 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
11 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
12 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012
against
that victim;
| ||||||
14 | (15) the defendant committed an offense related to the | ||||||
15 | activities of an
organized gang. For the purposes of this | ||||||
16 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
17 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
18 | Act;
| ||||||
19 | (16) the defendant committed an offense in violation of | ||||||
20 | one of the
following Sections while in a school, regardless | ||||||
21 | of the time of day or time of
year; on any conveyance | ||||||
22 | owned, leased, or contracted by a school to transport
| ||||||
23 | students to or from school or a school related activity; on | ||||||
24 | the real property
of a school; or on a public way within | ||||||
25 | 1,000 feet of the real property
comprising any school: | ||||||
26 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
| |||||||
| |||||||
1 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
2 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
3 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
4 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
5 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
6 | Criminal Code of 2012;
| ||||||
7 | (16.5) the defendant committed an offense in violation | ||||||
8 | of one of the
following Sections while in a day care | ||||||
9 | center, regardless of the time of day or
time of year; on | ||||||
10 | the real property of a day care center, regardless of the | ||||||
11 | time
of day or time of year; or on a public
way within | ||||||
12 | 1,000 feet of the real property comprising any day care | ||||||
13 | center,
regardless of the time of day or time of year:
| ||||||
14 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
15 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
16 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
17 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
18 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
19 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
20 | Criminal Code of 2012;
| ||||||
21 | (17) the defendant committed the offense by reason of | ||||||
22 | any person's
activity as a community policing volunteer or | ||||||
23 | to prevent any person from
engaging in activity as a | ||||||
24 | community policing volunteer. For the purpose of
this | ||||||
25 | Section, "community policing volunteer" has the meaning | ||||||
26 | ascribed to it in
Section 2-3.5 of the Criminal Code of |
| |||||||
| |||||||
1 | 2012;
| ||||||
2 | (18) the defendant committed the offense in a nursing | ||||||
3 | home or on the
real
property comprising a nursing home. For | ||||||
4 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
5 | skilled nursing
or intermediate long term care facility | ||||||
6 | that is subject to license by the
Illinois Department of | ||||||
7 | Public Health under the Nursing Home Care
Act, the | ||||||
8 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
9 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
10 | (19) the defendant was a federally licensed firearm | ||||||
11 | dealer
and
was
previously convicted of a violation of | ||||||
12 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
13 | Identification Card Act and has now committed either a | ||||||
14 | felony
violation
of the Firearm Owners Identification Card | ||||||
15 | Act or an act of armed violence while
armed
with a firearm; | ||||||
16 | (20) the defendant (i) committed the offense of | ||||||
17 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
19 | under the influence of alcohol, other drug or
drugs, | ||||||
20 | intoxicating compound or compounds or any combination | ||||||
21 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
22 | or a similar provision of a local ordinance and (ii) was | ||||||
23 | operating a motor vehicle in excess of 20 miles per hour | ||||||
24 | over the posted speed limit as provided in Article VI of | ||||||
25 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
26 | (21) the defendant (i) committed the offense of |
| |||||||
| |||||||
1 | reckless driving or aggravated reckless driving under | ||||||
2 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
3 | operating a motor vehicle in excess of 20 miles per hour | ||||||
4 | over the posted speed limit as provided in Article VI of | ||||||
5 | Chapter 11 of the Illinois Vehicle Code; | ||||||
6 | (22) the defendant committed the offense against a | ||||||
7 | person that the defendant knew, or reasonably should have | ||||||
8 | known, was a member of the Armed Forces of the United | ||||||
9 | States serving on active duty. For purposes of this clause | ||||||
10 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
11 | of the United States, including a member of any reserve | ||||||
12 | component thereof or National Guard unit called to active | ||||||
13 | duty;
| ||||||
14 | (23)
the defendant committed the offense against a | ||||||
15 | person who was elderly or infirm or who was a person with a | ||||||
16 | disability by taking advantage of a family or fiduciary | ||||||
17 | relationship with the elderly or infirm person or person | ||||||
18 | with a disability;
| ||||||
19 | (24)
the defendant committed any offense under Section | ||||||
20 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012 and possessed 100 or more images;
| ||||||
22 | (25) the defendant committed the offense while the | ||||||
23 | defendant or the victim was in a train, bus, or other | ||||||
24 | vehicle used for public transportation; | ||||||
25 | (26) the defendant committed the offense of child | ||||||
26 | pornography or aggravated child pornography, specifically |
| |||||||
| |||||||
1 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
2 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
4 | solicited for, depicted in, or posed in any act of sexual | ||||||
5 | penetration or bound, fettered, or subject to sadistic, | ||||||
6 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
7 | and specifically including paragraph (1), (2), (3), (4), | ||||||
8 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
9 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
10 | engaged in, solicited for, depicted in, or posed in any act | ||||||
11 | of sexual penetration or bound, fettered, or subject to | ||||||
12 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
13 | sexual context; | ||||||
14 | (27) the defendant committed the offense of first | ||||||
15 | degree murder, assault, aggravated assault, battery, | ||||||
16 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
17 | robbery against a person who was a veteran and the | ||||||
18 | defendant knew, or reasonably should have known, that the | ||||||
19 | person was a veteran performing duties as a representative | ||||||
20 | of a veterans' organization. For the purposes of this | ||||||
21 | paragraph (27), "veteran" means an Illinois resident who | ||||||
22 | has served as a member of the United States Armed Forces, a | ||||||
23 | member of the Illinois National Guard, or a member of the | ||||||
24 | United States Reserve Forces; and "veterans' organization" | ||||||
25 | means an organization comprised of members of
which | ||||||
26 | substantially all are individuals who are veterans or |
| |||||||
| |||||||
1 | spouses,
widows, or widowers of veterans, the primary | ||||||
2 | purpose of which is to
promote the welfare of its members | ||||||
3 | and to provide assistance to the general
public in such a | ||||||
4 | way as to confer a public benefit; | ||||||
5 | (28) the defendant committed the offense of assault, | ||||||
6 | aggravated assault, battery, aggravated battery, robbery, | ||||||
7 | armed robbery, or aggravated robbery against a person that | ||||||
8 | the defendant knew or reasonably should have known was a | ||||||
9 | letter carrier or postal worker while that person was | ||||||
10 | performing his or her duties delivering mail for the United | ||||||
11 | States Postal Service; | ||||||
12 | (29) the defendant committed the offense of criminal | ||||||
13 | sexual assault, aggravated criminal sexual assault, | ||||||
14 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
15 | against a victim with an intellectual disability, and the | ||||||
16 | defendant holds a position of trust, authority, or | ||||||
17 | supervision in relation to the victim; | ||||||
18 | (30) the defendant committed the offense of promoting | ||||||
19 | juvenile prostitution, patronizing a prostitute, or | ||||||
20 | patronizing a minor engaged in prostitution and at the time | ||||||
21 | of the commission of the offense knew that the prostitute | ||||||
22 | or minor engaged in prostitution was in the custody or | ||||||
23 | guardianship of the Department of Children and Family | ||||||
24 | Services; | ||||||
25 | (31) the defendant (i) committed the offense of driving | ||||||
26 | while under the influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | intoxicating compound or compounds or any combination | ||||||
2 | thereof in violation of Section 11-501 of the Illinois | ||||||
3 | Vehicle Code or a similar provision of a local ordinance | ||||||
4 | and (ii) the defendant during the commission of the offense | ||||||
5 | was driving his or her vehicle upon a roadway designated | ||||||
6 | for one-way traffic in the opposite direction of the | ||||||
7 | direction indicated by official traffic control devices; | ||||||
8 | or | ||||||
9 | (32) the defendant committed the offense of reckless | ||||||
10 | homicide while committing a violation of Section 11-907 of | ||||||
11 | the Illinois Vehicle Code ; . | ||||||
12 | (33) (32) the defendant was found guilty of an | ||||||
13 | administrative infraction related to an act or acts of | ||||||
14 | public indecency or sexual misconduct in the penal | ||||||
15 | institution. In this paragraph (33) (32) , "penal | ||||||
16 | institution" has the same meaning as in Section 2-14 of the | ||||||
17 | Criminal Code of 2012 ; or . | ||||||
18 | (34) (32) the defendant committed the offense of | ||||||
19 | leaving the scene of a crash an accident in violation of | ||||||
20 | subsection (b) of Section 11-401 of the Illinois Vehicle | ||||||
21 | Code and the crash accident resulted in the death of a | ||||||
22 | person and at the time of the offense, the defendant was: | ||||||
23 | (i) driving under the influence of alcohol, other drug or | ||||||
24 | drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof as defined by Section 11-501 of the | ||||||
26 | Illinois Vehicle Code; or (ii) operating the motor vehicle |
| |||||||
| |||||||
1 | while using an electronic communication device as defined | ||||||
2 | in Section 12-610.2 of the Illinois Vehicle Code. | ||||||
3 | For the purposes of this Section:
| ||||||
4 | "School" is defined as a public or private
elementary or | ||||||
5 | secondary school, community college, college, or university.
| ||||||
6 | "Day care center" means a public or private State certified | ||||||
7 | and
licensed day care center as defined in Section 2.09 of the | ||||||
8 | Child Care Act of
1969 that displays a sign in plain view | ||||||
9 | stating that the
property is a day care center.
| ||||||
10 | "Intellectual disability" means significantly subaverage | ||||||
11 | intellectual functioning which exists concurrently
with | ||||||
12 | impairment in adaptive behavior. | ||||||
13 | "Public transportation" means the transportation
or | ||||||
14 | conveyance of persons by means available to the general public, | ||||||
15 | and includes paratransit services. | ||||||
16 | "Traffic control devices" means all signs, signals, | ||||||
17 | markings, and devices that conform to the Illinois Manual on | ||||||
18 | Uniform Traffic Control Devices, placed or erected by authority | ||||||
19 | of a public body or official having jurisdiction, for the | ||||||
20 | purpose of regulating, warning, or guiding traffic. | ||||||
21 | (b) The following factors, related to all felonies, may be | ||||||
22 | considered by the court as
reasons to impose an extended term | ||||||
23 | sentence under Section 5-8-2
upon any offender:
| ||||||
24 | (1) When a defendant is convicted of any felony, after | ||||||
25 | having
been previously convicted in Illinois or any other | ||||||
26 | jurisdiction of the
same or similar class felony or greater |
| |||||||
| |||||||
1 | class felony, when such conviction
has occurred within 10 | ||||||
2 | years after the
previous conviction, excluding time spent | ||||||
3 | in custody, and such charges are
separately brought and | ||||||
4 | tried and arise out of different series of acts; or
| ||||||
5 | (2) When a defendant is convicted of any felony and the | ||||||
6 | court
finds that the offense was accompanied by | ||||||
7 | exceptionally brutal
or heinous behavior indicative of | ||||||
8 | wanton cruelty; or
| ||||||
9 | (3) When a defendant is convicted of any felony | ||||||
10 | committed against:
| ||||||
11 | (i) a person under 12 years of age at the time of | ||||||
12 | the offense or such
person's property;
| ||||||
13 | (ii) a person 60 years of age or older at the time | ||||||
14 | of the offense or
such person's property; or
| ||||||
15 | (iii) a person who had a physical disability at the | ||||||
16 | time of the offense or
such person's property; or
| ||||||
17 | (4) When a defendant is convicted of any felony and the | ||||||
18 | offense
involved any of the following types of specific | ||||||
19 | misconduct committed as
part of a ceremony, rite, | ||||||
20 | initiation, observance, performance, practice or
activity | ||||||
21 | of any actual or ostensible religious, fraternal, or social | ||||||
22 | group:
| ||||||
23 | (i) the brutalizing or torturing of humans or | ||||||
24 | animals;
| ||||||
25 | (ii) the theft of human corpses;
| ||||||
26 | (iii) the kidnapping of humans;
|
| |||||||
| |||||||
1 | (iv) the desecration of any cemetery, religious, | ||||||
2 | fraternal, business,
governmental, educational, or | ||||||
3 | other building or property; or
| ||||||
4 | (v) ritualized abuse of a child; or
| ||||||
5 | (5) When a defendant is convicted of a felony other | ||||||
6 | than conspiracy and
the court finds that
the felony was | ||||||
7 | committed under an agreement with 2 or more other persons
| ||||||
8 | to commit that offense and the defendant, with respect to | ||||||
9 | the other
individuals, occupied a position of organizer, | ||||||
10 | supervisor, financier, or any
other position of management | ||||||
11 | or leadership, and the court further finds that
the felony | ||||||
12 | committed was related to or in furtherance of the criminal
| ||||||
13 | activities of an organized gang or was motivated by the | ||||||
14 | defendant's leadership
in an organized gang; or
| ||||||
15 | (6) When a defendant is convicted of an offense | ||||||
16 | committed while using a firearm with a
laser sight attached | ||||||
17 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
18 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
19 | Code of
2012; or
| ||||||
20 | (7) When a defendant who was at least 17 years of age | ||||||
21 | at the
time of
the commission of the offense is convicted | ||||||
22 | of a felony and has been previously
adjudicated a | ||||||
23 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
24 | an act
that if committed by an adult would be a Class X or | ||||||
25 | Class 1 felony when the
conviction has occurred within 10 | ||||||
26 | years after the previous adjudication,
excluding time |
| |||||||
| |||||||
1 | spent in custody; or
| ||||||
2 | (8) When a defendant commits any felony and the | ||||||
3 | defendant used, possessed, exercised control over, or | ||||||
4 | otherwise directed an animal to assault a law enforcement | ||||||
5 | officer engaged in the execution of his or her official | ||||||
6 | duties or in furtherance of the criminal activities of an | ||||||
7 | organized gang in which the defendant is engaged; or
| ||||||
8 | (9) When a defendant commits any felony and the | ||||||
9 | defendant knowingly video or audio records the offense with | ||||||
10 | the intent to disseminate the recording. | ||||||
11 | (c) The following factors may be considered by the court as | ||||||
12 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
13 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
14 | (1) When a defendant is convicted of first degree | ||||||
15 | murder, after having been previously convicted in Illinois | ||||||
16 | of any offense listed under paragraph (c)(2) of Section | ||||||
17 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
18 | within 10 years after the previous conviction, excluding | ||||||
19 | time spent in custody, and the charges are separately | ||||||
20 | brought and tried and arise out of different series of | ||||||
21 | acts. | ||||||
22 | (1.5) When a defendant is convicted of first degree | ||||||
23 | murder, after having been previously convicted of domestic | ||||||
24 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
25 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
26 | having been previously convicted of violation of an order |
| |||||||
| |||||||
1 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
2 | was the protected person. | ||||||
3 | (2) When a defendant is convicted of voluntary | ||||||
4 | manslaughter, second degree murder, involuntary | ||||||
5 | manslaughter, or reckless homicide in which the defendant | ||||||
6 | has been convicted of causing the death of more than one | ||||||
7 | individual. | ||||||
8 | (3) When a defendant is convicted of aggravated | ||||||
9 | criminal sexual assault or criminal sexual assault, when | ||||||
10 | there is a finding that aggravated criminal sexual assault | ||||||
11 | or criminal sexual assault was also committed on the same | ||||||
12 | victim by one or more other individuals, and the defendant | ||||||
13 | voluntarily participated in the crime with the knowledge of | ||||||
14 | the participation of the others in the crime, and the | ||||||
15 | commission of the crime was part of a single course of | ||||||
16 | conduct during which there was no substantial change in the | ||||||
17 | nature of the criminal objective. | ||||||
18 | (4) If the victim was under 18 years of age at the time | ||||||
19 | of the commission of the offense, when a defendant is | ||||||
20 | convicted of aggravated criminal sexual assault or | ||||||
21 | predatory criminal sexual assault of a child under | ||||||
22 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
23 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
25 | (5) When a defendant is convicted of a felony violation | ||||||
26 | of Section 24-1 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
2 | finding that the defendant is a member of an organized | ||||||
3 | gang. | ||||||
4 | (6) When a defendant was convicted of unlawful use of | ||||||
5 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
7 | a weapon that is not readily distinguishable as one of the | ||||||
8 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
9 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
10 | (7) When a defendant is convicted of an offense | ||||||
11 | involving the illegal manufacture of a controlled | ||||||
12 | substance under Section 401 of the Illinois Controlled | ||||||
13 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
14 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
15 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
16 | the illegal possession of explosives and an emergency | ||||||
17 | response officer in the performance of his or her duties is | ||||||
18 | killed or injured at the scene of the offense while | ||||||
19 | responding to the emergency caused by the commission of the | ||||||
20 | offense. In this paragraph, "emergency" means a situation | ||||||
21 | in which a person's life, health, or safety is in jeopardy; | ||||||
22 | and "emergency response officer" means a peace officer, | ||||||
23 | community policing volunteer, fireman, emergency medical | ||||||
24 | technician-ambulance, emergency medical | ||||||
25 | technician-intermediate, emergency medical | ||||||
26 | technician-paramedic, ambulance driver, other medical |
| |||||||
| |||||||
1 | assistance or first aid personnel, or hospital emergency | ||||||
2 | room personnel.
| ||||||
3 | (8) When the defendant is convicted of attempted mob | ||||||
4 | action, solicitation to commit mob action, or conspiracy to | ||||||
5 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
6 | Criminal Code of 2012, where the criminal object is a | ||||||
7 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
8 | an electronic communication is used in the commission of | ||||||
9 | the offense. For the purposes of this paragraph (8), | ||||||
10 | "electronic communication" shall have the meaning provided | ||||||
11 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
12 | (d) For the purposes of this Section, "organized gang" has | ||||||
13 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
14 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
15 | (e) The court may impose an extended term sentence under | ||||||
16 | Article 4.5 of Chapter V upon an offender who has been | ||||||
17 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
18 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
19 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
20 | when the victim of the offense is under 18 years of age at the | ||||||
21 | time of the commission of the offense and, during the | ||||||
22 | commission of the offense, the victim was under the influence | ||||||
23 | of alcohol, regardless of whether or not the alcohol was | ||||||
24 | supplied by the offender; and the offender, at the time of the | ||||||
25 | commission of the offense, knew or should have known that the | ||||||
26 | victim had consumed alcohol. |
| |||||||
| |||||||
1 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
2 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
3 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
4 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
5 | imprisonment.
| ||||||
6 | (a) Concurrent terms; multiple or additional sentences. | ||||||
7 | When an Illinois court (i) imposes multiple sentences of | ||||||
8 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
9 | sentence of imprisonment on a defendant who is already subject | ||||||
10 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
11 | court of another state, or a federal court, then the sentences | ||||||
12 | shall run concurrently unless otherwise determined by the | ||||||
13 | Illinois court under this Section. | ||||||
14 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
15 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
16 | felony and sentenced to imprisonment shall be transferred to | ||||||
17 | the Department of Corrections, and the misdemeanor sentence | ||||||
18 | shall be merged in and run concurrently with the felony | ||||||
19 | sentence. | ||||||
20 | (c) Consecutive terms; permissive. The court may impose | ||||||
21 | consecutive sentences in any of the following circumstances: | ||||||
22 | (1) If, having regard to the nature and circumstances | ||||||
23 | of the offense and the history
and character of the | ||||||
24 | defendant, it is the opinion of the court that consecutive | ||||||
25 | sentences are
required to protect the public from further |
| |||||||
| |||||||
1 | criminal conduct by the defendant, the basis for which the | ||||||
2 | court shall set forth in the record. | ||||||
3 | (2) If one of the offenses for which a defendant was | ||||||
4 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
5 | false personation of a peace officer) of the Criminal Code | ||||||
6 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
7 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
9 | offense was committed in attempting or committing a | ||||||
10 | forcible felony.
| ||||||
11 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
12 | consecutive sentences in each of the following circumstances: | ||||||
13 | (1) One of the offenses for which the defendant was | ||||||
14 | convicted was first degree
murder or a Class X or Class 1 | ||||||
15 | felony and the defendant inflicted severe bodily injury. | ||||||
16 | (2) The defendant was convicted of a violation of | ||||||
17 | Section 11-1.20 or 12-13 (criminal sexual
assault), | ||||||
18 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
19 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
20 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
22 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
23 | 5/12-14.1). | ||||||
24 | (2.5) The defendant was convicted of a violation of | ||||||
25 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) | ||||||
26 | of Section 11-20.1 (child pornography) or of paragraph (1), |
| |||||||
| |||||||
1 | (2), (3), (4), (5), or (7) of subsection (a) of Section | ||||||
2 | 11-20.1B or 11-20.3 (aggravated child pornography) of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012; or the | ||||||
4 | defendant was convicted of a violation of paragraph (6) of | ||||||
5 | subsection (a) of Section 11-20.1 (child pornography) or of | ||||||
6 | paragraph (6) of subsection (a) of Section 11-20.1B or | ||||||
7 | 11-20.3 (aggravated child pornography) of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012, when the child | ||||||
9 | depicted is under the age of 13. | ||||||
10 | (3) The defendant was convicted of armed violence based | ||||||
11 | upon the predicate
offense of any of the following: | ||||||
12 | solicitation of murder, solicitation of murder for hire, | ||||||
13 | heinous battery as described in Section 12-4.1 or | ||||||
14 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
15 | of a senior citizen as described in Section 12-4.6 or | ||||||
16 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
17 | assault, a violation of subsection (g) of Section 5 of the | ||||||
18 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
19 | trafficking, a violation of subsection (a) of Section 401 | ||||||
20 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
21 | 570/401), controlled substance trafficking involving a | ||||||
22 | Class X felony amount of controlled substance under Section | ||||||
23 | 401 of the Illinois Controlled Substances Act (720 ILCS | ||||||
24 | 570/401), a violation of the Methamphetamine Control and | ||||||
25 | Community Protection Act (720 ILCS 646/), calculated | ||||||
26 | criminal drug conspiracy, or streetgang criminal drug |
| |||||||
| |||||||
1 | conspiracy. | ||||||
2 | (4) The defendant was convicted of the offense of | ||||||
3 | leaving the scene of a motor
vehicle crash accident | ||||||
4 | involving death or personal injuries under Section 11-401 | ||||||
5 | of the Illinois Vehicle Code (625 ILCS 5/11-401) and | ||||||
6 | either: (A) aggravated driving under the influence of | ||||||
7 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
8 | compounds, or any combination thereof under Section 11-501 | ||||||
9 | of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) | ||||||
10 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) | ||||||
12 | both an offense described in item (A) and an offense | ||||||
13 | described in item (B). | ||||||
14 | (5) The defendant was convicted of a violation of | ||||||
15 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
16 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
18 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
19 | (5.5) The defendant was convicted of a violation of | ||||||
20 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
21 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012. | ||||||
23 | (6) If the defendant was in the custody of the | ||||||
24 | Department of Corrections at the
time of the commission of | ||||||
25 | the offense, the sentence shall be served consecutive to | ||||||
26 | the sentence under which the defendant is held by the |
| |||||||
| |||||||
1 | Department of Corrections. If, however, the defendant is | ||||||
2 | sentenced to punishment by death, the sentence shall be | ||||||
3 | executed at such time as the court may fix without regard | ||||||
4 | to the sentence under which the defendant may be held by | ||||||
5 | the Department. | ||||||
6 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
7 | for escape or attempted escape shall be served
consecutive | ||||||
8 | to the terms under which the offender is held by the | ||||||
9 | Department of Corrections. | ||||||
10 | (8) If a person charged with a felony commits a | ||||||
11 | separate felony while on pretrial
release or in pretrial | ||||||
12 | detention in a county jail facility or county detention | ||||||
13 | facility, then the sentences imposed upon conviction of | ||||||
14 | these felonies shall be served consecutively regardless of | ||||||
15 | the order in which the judgments of conviction are entered. | ||||||
16 | (8.5) If a person commits a battery against a county | ||||||
17 | correctional officer or sheriff's employee while serving a | ||||||
18 | sentence or in pretrial detention in a county jail | ||||||
19 | facility, then the sentence imposed upon conviction of the | ||||||
20 | battery shall be served consecutively with the sentence | ||||||
21 | imposed upon conviction of the earlier misdemeanor or | ||||||
22 | felony, regardless of the order in which the
judgments of | ||||||
23 | conviction are entered. | ||||||
24 | (9) If a person admitted to bail following conviction | ||||||
25 | of a felony commits a
separate felony while free on bond or | ||||||
26 | if a person detained in a county jail facility or county |
| |||||||
| |||||||
1 | detention facility following conviction of a felony | ||||||
2 | commits a separate felony while in detention, then any | ||||||
3 | sentence following conviction of the separate felony shall | ||||||
4 | be consecutive to that of the original sentence for which | ||||||
5 | the defendant was on bond or detained.
| ||||||
6 | (10) If a person is found to be in possession of an | ||||||
7 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
8 | Criminal Code of 2012, while serving a sentence in a county | ||||||
9 | jail or while in pre-trial detention in a county jail, the | ||||||
10 | sentence imposed upon conviction for the offense of | ||||||
11 | possessing contraband in a penal institution shall be | ||||||
12 | served consecutively to the sentence imposed for the | ||||||
13 | offense in which the person is serving sentence in the | ||||||
14 | county jail or serving pretrial detention, regardless of | ||||||
15 | the order in which the judgments of conviction are entered. | ||||||
16 | (11) If a person is sentenced for a violation of bail | ||||||
17 | bond under Section 32-10 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012, any sentence imposed for that | ||||||
19 | violation shall be served
consecutive to the sentence | ||||||
20 | imposed for the charge for which bail had been
granted and | ||||||
21 | with respect to which the defendant has been convicted. | ||||||
22 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
23 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
24 | defendant and the defendant is subsequently sentenced to a term | ||||||
25 | of imprisonment by a court of another state or a federal court, | ||||||
26 | then the Illinois sentence shall run consecutively to the |
| |||||||
| |||||||
1 | sentence imposed by the court of the other state or the federal | ||||||
2 | court. That same Illinois court, however, may order that the | ||||||
3 | Illinois sentence run concurrently with the sentence imposed by | ||||||
4 | the court of the other state or the federal court, but only if | ||||||
5 | the defendant applies to that same Illinois court within 30 | ||||||
6 | days after the sentence imposed by the court of the other state | ||||||
7 | or the federal court is finalized. | ||||||
8 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
9 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
10 | sentences shall be determined as follows: | ||||||
11 | (1) For sentences imposed under law in effect prior to | ||||||
12 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
13 | sentences shall not exceed the maximum term authorized | ||||||
14 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
15 | Chapter V for the 2 most serious felonies involved. The | ||||||
16 | aggregate minimum period of consecutive sentences shall | ||||||
17 | not exceed the highest minimum term authorized under | ||||||
18 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
19 | V for the 2 most serious felonies involved. When sentenced | ||||||
20 | only for misdemeanors, a defendant shall not be | ||||||
21 | consecutively sentenced to more than the maximum for one | ||||||
22 | Class A misdemeanor. | ||||||
23 | (2) For sentences imposed under the law in effect on or | ||||||
24 | after February 1, 1978,
the aggregate of consecutive | ||||||
25 | sentences for offenses that were committed as part of a | ||||||
26 | single
course of conduct during which there was no |
| |||||||
| |||||||
1 | substantial change in the nature of the criminal objective | ||||||
2 | shall not exceed the sum of the maximum terms authorized | ||||||
3 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
4 | felonies involved, but no such limitation shall apply for | ||||||
5 | offenses that were not committed as part of a single course | ||||||
6 | of conduct during which there was no substantial change in | ||||||
7 | the nature of the criminal objective. When sentenced only | ||||||
8 | for misdemeanors, a defendant shall not be consecutively | ||||||
9 | sentenced to more than the maximum for one Class A | ||||||
10 | misdemeanor.
| ||||||
11 | (g) Consecutive terms; manner served. In determining the | ||||||
12 | manner in which consecutive sentences of imprisonment, one or | ||||||
13 | more of which is for a felony, will be served, the Department | ||||||
14 | of Corrections shall treat the defendant as though he or she | ||||||
15 | had been committed for a single term subject to each of the | ||||||
16 | following: | ||||||
17 | (1) The maximum period of a term of imprisonment shall | ||||||
18 | consist of the aggregate
of the maximums of the imposed | ||||||
19 | indeterminate terms, if any, plus the aggregate of the | ||||||
20 | imposed determinate sentences for felonies, plus the | ||||||
21 | aggregate of the imposed determinate sentences for | ||||||
22 | misdemeanors, subject to subsection (f) of this Section. | ||||||
23 | (2) The parole or mandatory supervised release term | ||||||
24 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
25 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
26 | involved. |
| |||||||
| |||||||
1 | (3) The minimum period of imprisonment shall be the | ||||||
2 | aggregate of the minimum
and determinate periods of | ||||||
3 | imprisonment imposed by the court, subject to subsection | ||||||
4 | (f) of this Section. | ||||||
5 | (4) The defendant shall be awarded credit against the | ||||||
6 | aggregate maximum term
and the aggregate minimum term of | ||||||
7 | imprisonment for all time served in an institution since | ||||||
8 | the commission of the offense or offenses and as a | ||||||
9 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
10 | (730 ILCS 5/3-6-3).
| ||||||
11 | (Source: P.A. 97-475, eff. 8-22-11; 97-1108, eff. 1-1-13; | ||||||
12 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-437, eff. | ||||||
13 | 1-1-14.)
| ||||||
14 | Section 150. The Cannabis and Controlled Substances Tort | ||||||
15 | Claims Act is amended by changing Section 2 as follows:
| ||||||
16 | (740 ILCS 20/2) (from Ch. 70, par. 902)
| ||||||
17 | Sec. 2. Findings and intent.
| ||||||
18 | (a) The General Assembly finds
that the abuse of cannabis | ||||||
19 | and controlled substances:
| ||||||
20 | (1) greatly increases incidents involving crimes of | ||||||
21 | violence and threats
of crimes of violence;
| ||||||
22 | (2) causes death or severe and often irreversible
| ||||||
23 | injuries to newborn children;
| ||||||
24 | (3) accounts for the commission of the
majority of |
| |||||||
| |||||||
1 | property crimes committed within this State;
| ||||||
2 | (4) causes motor vehicle crashes and , job related , and | ||||||
3 | numerous other types of
accidents that frequently result in | ||||||
4 | death or permanent injuries;
| ||||||
5 | (5) contributes to the disintegration of the family;
| ||||||
6 | (6) interferes with the duty of parents and legal | ||||||
7 | guardians to provide
for the physical, mental, and | ||||||
8 | emotional well-being of their unemancipated
children and | ||||||
9 | with the rights of parents and legal guardians to raise the
| ||||||
10 | children free from the physical, mental, and emotional | ||||||
11 | trauma that is
caused by the abuse of cannabis and | ||||||
12 | controlled substances;
| ||||||
13 | (7) encourages and fosters the growth of
urban gangs | ||||||
14 | engaged in violent and nonviolent crime;
| ||||||
15 | (8) furthers the interests of elements of organized | ||||||
16 | criminals;
| ||||||
17 | (9) increases the dropout, truancy, and failure rates | ||||||
18 | of children
attending schools within this State;
| ||||||
19 | (10) stifles educational opportunities for both drug | ||||||
20 | users and nonusers;
| ||||||
21 | (11) contributes to the unemployment rate within this | ||||||
22 | State;
| ||||||
23 | (12) reduces the productivity of employees, retards | ||||||
24 | competitiveness
within the established business community, | ||||||
25 | and hinders the formation and
growth of new businesses;
| ||||||
26 | (13) reduces the value of real property;
|
| |||||||
| |||||||
1 | (14) costs the citizens of this State billions of | ||||||
2 | dollars in federal,
State, and local taxes for increased | ||||||
3 | costs for law enforcement, welfare, and education;
| ||||||
4 | (15) costs the citizens of this State billions of | ||||||
5 | dollars in increased
costs for consumer goods and services, | ||||||
6 | insurance premiums, and medical treatment;
| ||||||
7 | (16) hinders citizens from freely using public parks, | ||||||
8 | streets, schools,
forest preserves, playgrounds, and other | ||||||
9 | public areas; and
| ||||||
10 | (17) contributes to a lower quality of life and | ||||||
11 | standard of living for
the citizens of this State.
| ||||||
12 | (b) The General Assembly finds that, in light of the | ||||||
13 | findings made
in subsection (a), any violation of the Cannabis | ||||||
14 | Control Act, the Methamphetamine Control and Community | ||||||
15 | Protection Act, or the
Illinois Controlled Substances Act that | ||||||
16 | involves the nonconsensual use of
the real or personal property | ||||||
17 | of another person, whether that person is an
individual or a | ||||||
18 | governmental or private entity representing a collection of
| ||||||
19 | individuals, is so injurious to the property interests and the | ||||||
20 | well-being
of that person that the violation gives rise to a | ||||||
21 | cause of action sounding
in tort. The General Assembly also | ||||||
22 | finds that the delivery of a controlled
substance or cannabis | ||||||
23 | in violation of the Illinois Controlled Substances
Act, the | ||||||
24 | Methamphetamine Control and Community Protection Act, or the | ||||||
25 | Cannabis Control Act to an unemancipated minor under the age of
| ||||||
26 | 18 is so injurious to the rights and duties of parents and |
| |||||||
| |||||||
1 | legal guardians
relating to the physical, mental, and emotional | ||||||
2 | well-being of that minor
that the violation also gives rise to | ||||||
3 | a cause of action sounding in tort.
The General Assembly | ||||||
4 | further finds that although the damage a person
suffers through | ||||||
5 | the nonconsensual use of his property to facilitate such a
| ||||||
6 | violation or the damage a parent or legal guardian suffers as | ||||||
7 | the result of
the delivery to the minor of cannabis or a | ||||||
8 | substance in violation of the
Cannabis Control Act, the | ||||||
9 | Methamphetamine Control and Community Protection Act, or the | ||||||
10 | Illinois Controlled Substances Act is often
subtle and | ||||||
11 | incapable of precise articulation, that damage is nonetheless
| ||||||
12 | real and substantial. It is therefore the intent of the General | ||||||
13 | Assembly
to create a cause of action with statutorily | ||||||
14 | prescribed damages for the
conduct described in this Act.
| ||||||
15 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
16 | Section 155. The Crime Victims Compensation Act is amended | ||||||
17 | by changing Section 2 as follows:
| ||||||
18 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
19 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
20 | context
otherwise requires:
| ||||||
21 | (a) "Applicant" means any person who applies for | ||||||
22 | compensation under this
Act or any person the Court of Claims | ||||||
23 | finds is entitled to compensation,
including the guardian of a | ||||||
24 | minor or of a person under legal disability. It
includes any |
| |||||||
| |||||||
1 | person who was a dependent of a deceased victim of a crime of
| ||||||
2 | violence for his or her support at the time of the death of | ||||||
3 | that victim.
| ||||||
4 | (b) "Court of Claims" means the Court of Claims created by | ||||||
5 | the Court
of Claims Act.
| ||||||
6 | (c) "Crime of violence" means and includes any offense | ||||||
7 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
8 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
9 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
10 | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, | ||||||
11 | 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| ||||||
12 | 12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or | ||||||
13 | Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
14 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
16 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
17 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
18 | Act, driving under
the influence as defined in Section
11-501 | ||||||
19 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
20 | the Illinois Vehicle Code, provided the victim was a pedestrian | ||||||
21 | or was operating a vehicle moved solely by human power or a | ||||||
22 | mobility device at the time of contact, and a violation of | ||||||
23 | Section 11-204.1 of the Illinois Vehicle Code; so long as the | ||||||
24 | offense did not occur
during a civil riot, insurrection or | ||||||
25 | rebellion. "Crime of violence" does not
include any other | ||||||
26 | offense or crash accident involving a motor vehicle except |
| |||||||
| |||||||
1 | those
vehicle offenses specifically provided for in this | ||||||
2 | paragraph. "Crime of
violence" does include all of the offenses | ||||||
3 | specifically provided for in this
paragraph that occur within | ||||||
4 | this State but are subject to federal jurisdiction
and crimes | ||||||
5 | involving terrorism as defined in 18 U.S.C. 2331.
| ||||||
6 | (d) "Victim" means (1) a person killed or injured in this | ||||||
7 | State as a
result of a crime of violence perpetrated or | ||||||
8 | attempted against him or her,
(2) the
spouse or parent of a | ||||||
9 | person killed or injured in this State as a result of a crime | ||||||
10 | of
violence perpetrated or attempted against the person, (3) a | ||||||
11 | person killed
or injured in this State while attempting to | ||||||
12 | assist a person against whom a
crime of violence is being | ||||||
13 | perpetrated or attempted, if that attempt of
assistance would | ||||||
14 | be expected of a reasonable person under the circumstances,
(4) | ||||||
15 | a person killed or injured in this State while assisting a law
| ||||||
16 | enforcement official apprehend a person who has perpetrated a | ||||||
17 | crime of
violence or prevent the perpetration of any such crime | ||||||
18 | if that
assistance was in response to the express request of | ||||||
19 | the law enforcement
official, (5) a person who personally
| ||||||
20 | witnessed a violent crime, (5.05) a person who will be called | ||||||
21 | as a witness by the prosecution to establish a necessary nexus | ||||||
22 | between the offender and the violent crime, (5.1) solely
for | ||||||
23 | the purpose of compensating for pecuniary loss incurred for
| ||||||
24 | psychological treatment of a mental or emotional condition | ||||||
25 | caused or aggravated
by the crime, any other person under the | ||||||
26 | age of 18 who is the brother, sister,
half brother, half |
| |||||||
| |||||||
1 | sister, child, or stepchild
of a person killed or injured in
| ||||||
2 | this State as a
result of a crime of violence, (6) an Illinois | ||||||
3 | resident
who is a victim of a "crime of violence" as defined in | ||||||
4 | this Act except, if
the crime occurred outside this State, the | ||||||
5 | resident has the same rights
under this Act as if the crime had | ||||||
6 | occurred in this State upon a showing
that the state, | ||||||
7 | territory, country, or political subdivision of a country
in | ||||||
8 | which the crime occurred does not have a compensation of | ||||||
9 | victims of
crimes law for which that Illinois resident is | ||||||
10 | eligible, (7) a deceased person whose body is dismembered or | ||||||
11 | whose remains are desecrated as the result of a crime of | ||||||
12 | violence, or (8) solely for the purpose of compensating for | ||||||
13 | pecuniary loss incurred for psychological treatment of a mental | ||||||
14 | or emotional condition caused or aggravated by the crime, any | ||||||
15 | parent, spouse, or child under the age of 18 of a deceased | ||||||
16 | person whose body is dismembered or whose remains are | ||||||
17 | desecrated as the result of a crime of violence.
| ||||||
18 | (e) "Dependent" means a relative of a deceased victim who | ||||||
19 | was wholly or
partially dependent upon the victim's income at | ||||||
20 | the time of his or her
death
and shall include the child of a | ||||||
21 | victim born after his or her death.
| ||||||
22 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
23 | stepfather, stepmother,
child, grandchild, brother, | ||||||
24 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
25 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
26 | (g) "Child" means an unmarried son or daughter who is under |
| |||||||
| |||||||
1 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
2 | child born out of wedlock.
| ||||||
3 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
4 | appropriate medical
expenses and hospital expenses including | ||||||
5 | expenses of medical
examinations, rehabilitation, medically | ||||||
6 | required
nursing care expenses, appropriate
psychiatric care | ||||||
7 | or psychiatric counseling expenses, appropriate expenses for | ||||||
8 | care or
counseling by a licensed clinical psychologist, | ||||||
9 | licensed clinical social
worker, licensed professional | ||||||
10 | counselor, or licensed clinical professional counselor and | ||||||
11 | expenses for treatment by Christian Science practitioners and
| ||||||
12 | nursing care appropriate thereto; transportation expenses to | ||||||
13 | and from medical and counseling treatment facilities; | ||||||
14 | prosthetic appliances, eyeglasses, and
hearing aids necessary | ||||||
15 | or damaged as a result of the
crime; costs associated with | ||||||
16 | trafficking tattoo removal by a person authorized or licensed | ||||||
17 | to perform the specific removal procedure; replacement costs | ||||||
18 | for clothing and bedding used as evidence; costs
associated | ||||||
19 | with temporary lodging or relocation necessary as a
result of | ||||||
20 | the crime, including, but not limited to, the first month's | ||||||
21 | rent and security deposit of the dwelling that the claimant | ||||||
22 | relocated to and other reasonable relocation expenses incurred | ||||||
23 | as a result of the violent crime;
locks or windows necessary or | ||||||
24 | damaged as a result of the crime; the purchase,
lease, or | ||||||
25 | rental of equipment necessary to create usability of and
| ||||||
26 | accessibility to the victim's real and personal property, or |
| |||||||
| |||||||
1 | the real and
personal property which is used by the victim, | ||||||
2 | necessary as a result of the
crime; the costs of appropriate | ||||||
3 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
4 | of $1,250 per month;
dependents replacement
services loss, to a | ||||||
5 | maximum of $1,250 per month; loss of tuition paid to
attend | ||||||
6 | grammar school or high school when the victim had been enrolled | ||||||
7 | as a
student prior to the injury, or college or graduate school | ||||||
8 | when
the victim had been enrolled as a day or night student | ||||||
9 | prior to
the injury when the victim becomes unable to continue | ||||||
10 | attendance at school
as a result of the crime of violence | ||||||
11 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
12 | future earnings because of disability resulting from the
| ||||||
13 | injury, and, in addition, in the case of death, expenses for | ||||||
14 | funeral, burial, and travel and transport for survivors
of | ||||||
15 | homicide victims to secure bodies of deceased victims and to | ||||||
16 | transport
bodies for burial all of which
may not exceed a | ||||||
17 | maximum of $7,500 and loss of support of the dependents of
the | ||||||
18 | victim; in the case of dismemberment or desecration of a body, | ||||||
19 | expenses for funeral and burial, all of which may not exceed a | ||||||
20 | maximum of $7,500.
Loss of future earnings shall be reduced by | ||||||
21 | any income from substitute work
actually performed by the | ||||||
22 | victim or by income he or she would have earned
in
available | ||||||
23 | appropriate substitute work he or she was capable of performing
| ||||||
24 | but
unreasonably failed to undertake. Loss of earnings, loss of | ||||||
25 | future
earnings and loss of support shall be determined on the | ||||||
26 | basis of the
victim's average net monthly earnings for the 6 |
| |||||||
| |||||||
1 | months immediately
preceding the date of the injury or on | ||||||
2 | $1,250 per month, whichever is less or, in cases where the | ||||||
3 | absences commenced more than 3 years from the date of the | ||||||
4 | crime, on the basis of the net monthly earnings for the 6 | ||||||
5 | months immediately preceding the date of the first absence, not | ||||||
6 | to exceed $1,250 per month.
If a divorced or legally separated | ||||||
7 | applicant is claiming loss of support
for a minor child of the | ||||||
8 | deceased, the amount of support for each child
shall be based | ||||||
9 | either on the amount of support
pursuant to the judgment prior | ||||||
10 | to the date of the deceased
victim's injury or death, or, if | ||||||
11 | the subject of pending litigation filed by
or on behalf of the | ||||||
12 | divorced or legally separated applicant prior to the
injury or | ||||||
13 | death, on the result of that litigation. Real and personal
| ||||||
14 | property includes, but is not limited to, vehicles, houses, | ||||||
15 | apartments,
town houses, or condominiums. Pecuniary loss does | ||||||
16 | not
include pain and suffering or property loss or damage.
| ||||||
17 | (i) "Replacement services loss" means expenses reasonably | ||||||
18 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
19 | of those the
injured person would have performed, not for | ||||||
20 | income, but for the benefit
of himself or herself or his or her | ||||||
21 | family, if he or she had not
been injured.
| ||||||
22 | (j) "Dependents replacement services loss" means loss | ||||||
23 | reasonably incurred
by dependents or private legal guardians of | ||||||
24 | minor dependents after a victim's death in obtaining ordinary | ||||||
25 | and necessary
services in lieu of those the victim would have | ||||||
26 | performed, not for income,
but for their benefit, if he or she |
| |||||||
| |||||||
1 | had not been fatally injured.
| ||||||
2 | (k) "Survivor" means immediate family including a parent, | ||||||
3 | stepfather, stepmother, child,
brother, sister, or spouse.
| ||||||
4 | (l) "Parent" means a natural parent, adopted parent, | ||||||
5 | stepparent, or permanent legal guardian of another person. | ||||||
6 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
7 | victim in connection with the commission of a violation of | ||||||
8 | Section 10-9 of the Criminal Code of 2012. | ||||||
9 | (Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
10 | Section 160. The Automotive Collision Repair Act is amended | ||||||
11 | by changing Sections 10 and 30 as follows:
| ||||||
12 | (815 ILCS 308/10)
| ||||||
13 | Sec. 10. Definitions. As used in this Act:
| ||||||
14 | "Automotive collision and body repair" means all repairs | ||||||
15 | that are commonly
performed by a
body repair technician to | ||||||
16 | restore a motor vehicle damaged in a crash an accident or
| ||||||
17 | collision to a
condition
similar to
the motor vehicle condition
| ||||||
18 | prior to the damage or deterioration including, but not limited | ||||||
19 | to, the
diagnosis,
installation, exchange,
repair, or | ||||||
20 | refinishing of exterior body panels, trim, lighting, and
| ||||||
21 | structural chassis.
The term does not include commercial fleet | ||||||
22 | repair or
maintenance
transactions involving 2 or more motor | ||||||
23 | vehicles or ongoing service or
maintenance
contracts involving
| ||||||
24 | motor vehicles used primarily for business purposes.
|
| |||||||
| |||||||
1 | "Automotive collision and body repair facility" means a | ||||||
2 | person, firm,
association, or
corporation that for | ||||||
3 | compensation engages in the business of cosmetic repair,
| ||||||
4 | structural
repair, or refinishing of motor vehicles with defect | ||||||
5 | related to crash accident or
collision.
| ||||||
6 | "New part" means a part or component manufactured or | ||||||
7 | supplied by the original
motor vehicle
manufacturer in an | ||||||
8 | unused condition.
| ||||||
9 | "Used part" means an original motor vehicle manufacturer | ||||||
10 | part or component
removed from
a motor vehicle of similar make, | ||||||
11 | model, and condition without the benefit of
being
rebuilt or
| ||||||
12 | remanufactured.
| ||||||
13 | "Rebuilt part" or "reconditioned part" means a used part | ||||||
14 | that has been
inspected and
remanufactured to restore | ||||||
15 | functionality and performance.
| ||||||
16 | "Aftermarket part" means a new part that is not | ||||||
17 | manufactured or supplied by
the original
motor vehicle | ||||||
18 | manufacturer for addition to, or replacement of, exterior body
| ||||||
19 | panel
or trim.
| ||||||
20 | (Source: P.A. 93-565, eff. 1-1-04.)
| ||||||
21 | (815 ILCS 308/30)
| ||||||
22 | Sec. 30. Consumers authorizations of repairs or other | ||||||
23 | actions. After
receiving the
estimate, the owner or the owner's | ||||||
24 | agent may (i) authorize the repairs at the
estimate of cost and
| ||||||
25 | time in writing, or (ii) request the return of the
motor |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | vehicle in a
disassembled state. If the consumer elects the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | return of the motor
vehicle in a disassembled or partially | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | repaired state, the consumer may also
request the return of
all | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | parts that were removed during disassembly or repair with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | exception of
parts that were
damaged in a crash an accident or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | collision to the extent that retention by the
collision repair
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | facility was not
feasible. The collision repair facility shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | make the motor vehicle
available for possession within 3 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | working days after the time of
request.
The collision repair | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | facility may receive payment for only those items on the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | schedule of charges to which the facility is entitled.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (Source: P.A. 93-565, eff. 1-1-04.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 995. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Public Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|