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92_HB2265eng
HB2265 Engrossed LRB9206515ARsb
1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.545 as follows:
6 (30 ILCS 105/5.545 new)
7 Sec. 5.545. The Secretary of State DUI Administration
8 Fund.
9 Section 10. The Illinois Vehicle Code is amended by
10 changing Sections 2-118, 3-402, 6-205, 6-206, 6-206.2, 6-208,
11 and 11-501 as follows:
12 (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
13 Sec. 2-118. Hearings.
14 (a) Upon the suspension, revocation or denial of the
15 issuance of a license, permit, registration or certificate of
16 title under this Code of any person the Secretary of State
17 shall immediately notify such person in writing and upon his
18 written request shall, within 20 days after receipt thereof,
19 set a date for a hearing to commence within 90 calendar days
20 from the date of the written request for all requests related
21 to a suspension, revocation, or the denial of the issuance of
22 a license, permit, registration, or certificate of title
23 occurring after July 1, 2002 and afford him an opportunity
24 for a hearing as early as practical, in the County of
25 Sangamon, the County of Jefferson, or the County of Cook, as
26 such person may specify, unless both parties agree that such
27 hearing may be held in some other county. The Secretary may
28 require the payment of a fee of not more than $50 for the
29 filing of any petition, motion, or request for hearing
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1 conducted pursuant to this Section. These fees must be
2 deposited into the Secretary of State DUI Administration
3 Fund, a special fund created in the State treasury, and,
4 subject to appropriation and as directed by the Secretary of
5 State, shall be used for operation of the Department of
6 Administrative Hearings of the Office of the Secretary of
7 State and for no other purpose. The Secretary shall establish
8 by rule the amount and the procedures, terms, and conditions
9 relating to these fees.
10 (b) At any time after the suspension, revocation or
11 denial of a license, permit, registration or certificate of
12 title of any person as hereinbefore referred to, the
13 Secretary of State, in his or her discretion and without the
14 necessity of a request by such person, may hold such a
15 hearing, upon not less than 10 days' notice in writing, in
16 the Counties of Sangamon, Jefferson, or Cook or in any other
17 county agreed to by the parties.
18 (c) Upon any such hearing, the Secretary of State, or
19 his authorized agent may administer oaths and issue subpoenas
20 for the attendance of witnesses and the production of
21 relevant books and records and may require an examination of
22 such person. Upon any such hearing, the Secretary of State
23 shall either rescind or, good cause appearing therefor,
24 continue, change or extend the Order of Revocation or
25 Suspension, or upon petition therefore and subject to the
26 provisions of this Code, issue a restricted driving permit or
27 reinstate the license or permit of such person.
28 (d) All hearings and hearing procedures shall comply
29 with requirements of the Constitution, so that no person is
30 deprived of due process of law nor denied equal protection of
31 the laws. All hearings shall be held before the Secretary of
32 State or before such persons as may be designated by the
33 Secretary of State and appropriate records of such hearings
34 shall be kept. Where a transcript of the hearing is taken,
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1 the person requesting the hearing shall have the opportunity
2 to order a copy thereof at his own expense. The Secretary of
3 State shall enter an order upon any hearing conducted under
4 this Section, related to a suspension, revocation, or the
5 denial of the issuance of a license, permit, registration, or
6 certificate of title occurring after July 1, 2002, within 90
7 days of its conclusion and shall immediately notify the
8 person in writing of his or her action.
9 (e) The action of the Secretary of State in suspending,
10 revoking or denying any license, permit, registration, or
11 certificate of title shall be subject to judicial review in
12 the Circuit Court of Sangamon County, in the Circuit Court of
13 Jefferson County, or in the Circuit Court of Cook County, and
14 the provisions of the Administrative Review Law, and all
15 amendments and modifications thereto, and the rules adopted
16 pursuant thereto, are hereby adopted and shall apply to and
17 govern every action for the judicial review of final acts or
18 decisions of the Secretary of State hereunder.
19 (Source: P.A. 91-823, eff. 1-1-01.)
20 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
21 Sec. 3-402. Vehicles subject to registration;
22 exceptions.
23 A. Exemptions and Policy. Every motor vehicle, trailer,
24 semitrailer and pole trailer when driven or moved upon a
25 highway shall be subject to the registration and certificate
26 of title provisions of this Chapter except:
27 (1) Any such vehicle driven or moved upon a highway
28 in conformance with the provisions of this Chapter
29 relating to manufacturers, transporters, dealers,
30 lienholders or nonresidents or under a temporary
31 registration permit issued by the Secretary of State;
32 (2) Any implement of husbandry whether of a type
33 otherwise subject to registration hereunder or not which
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1 is only incidentally operated or moved upon a highway,
2 which shall include a not-for-hire movement for the
3 purpose of delivering farm commodities to a place of
4 first processing or sale, or to a place of storage;
5 (3) Any special mobile equipment as herein defined;
6 (4) Any vehicle which is propelled exclusively by
7 electric power obtained from overhead trolley wires
8 though not operated upon rails;
9 (5) Any vehicle which is equipped and used
10 exclusively as a pumper, ladder truck, rescue vehicle,
11 searchlight truck, or other fire apparatus, but not a
12 vehicle of a type which would otherwise be subject to
13 registration as a vehicle of the first division;
14 (6) Any vehicle which is owned and operated by the
15 federal government and externally displays evidence of
16 federal ownership. It is the policy of the State of
17 Illinois to promote and encourage the fullest use of its
18 highways and to enhance the flow of commerce thus
19 contributing to the economic, agricultural, industrial
20 and social growth and development of this State, by
21 authorizing the Secretary of State to negotiate and enter
22 into reciprocal or proportional agreements or
23 arrangements with other States, or to issue declarations
24 setting forth reciprocal exemptions, benefits and
25 privileges with respect to vehicles operated interstate
26 which are properly registered in this and other States,
27 assuring nevertheless proper registration of vehicles in
28 Illinois as may be required by this Code;
29 (7) Any converter dolly or tow dolly which merely
30 serves as substitute wheels for another legally licensed
31 vehicle. A title may be issued on a voluntary basis to a
32 tow dolly upon receipt of the manufacturer's certificate
33 of origin or the bill of sale;
34 (8) Any house trailer found to be an abandoned
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1 mobile home under the Abandoned Mobile Home Act;
2 (9) Any vehicle that is not properly registered or
3 does not have registration plates issued to the owner or
4 operator affixed thereto, or that does have registration
5 plates issued to the owner or operator affixed thereto
6 but the plates are not appropriate for the weight of the
7 vehicle, provided that this exemption shall apply only
8 while the vehicle is being transported or operated by a
9 towing service and has a third tow plate affixed to it.
10 B. Reciprocity. Any motor vehicle, trailer, semitrailer
11 or pole trailer need not be registered under this Code
12 provided the same is operated interstate and in accordance
13 with the following provisions and any rules and regulations
14 promulgated pursuant thereto:
15 (1) A nonresident owner, except as otherwise
16 provided in this Section, owning any foreign registered
17 vehicle of a type otherwise subject to registration
18 hereunder, may operate or permit the operation of such
19 vehicle within this State in interstate commerce without
20 registering such vehicle in, or paying any fees to, this
21 State subject to the condition that such vehicle at all
22 times when operated in this State is operated pursuant to
23 a reciprocity agreement, arrangement or declaration by
24 this State, and further subject to the condition that
25 such vehicle at all times when operated in this State is
26 duly registered in, and displays upon it, a valid
27 registration card and registration plate or plates issued
28 for such vehicle in the place of residence of such owner
29 and is issued and maintains in such vehicle a valid
30 Illinois reciprocity permit as required by the Secretary
31 of State, and provided like privileges are afforded to
32 residents of this State by the State of residence of such
33 owner.
34 Every nonresident including any foreign corporation
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1 carrying on business within this State and owning and
2 regularly operating in such business any motor vehicle,
3 trailer or semitrailer within this State in intrastate
4 commerce, shall be required to register each such vehicle
5 and pay the same fees therefor as is required with
6 reference to like vehicles owned by residents of this
7 State.
8 (2) Any motor vehicle, trailer, semitrailer and
9 pole trailer operated interstate need not be registered
10 in this State, provided:
11 (a) same is properly registered in another
12 State pursuant to law or to a reciprocity agreement,
13 arrangement or declaration; or
14 (b) that such vehicle is part of a fleet of
15 vehicles owned or operated by the same person who
16 registers such fleet of vehicles pro rata among the
17 various States in which such fleet operates; or
18 (c) that such vehicle is part of a fleet of
19 vehicles, a portion of which are registered with the
20 Secretary of State of Illinois in accordance with an
21 agreement or arrangement concurred in by the
22 Secretary of State of Illinois based on one or more
23 of the following factors: ratio of miles in Illinois
24 as against total miles in all jurisdictions; situs
25 or base of a vehicle, or where it is principally
26 garaged, or from whence it is principally dispatched
27 or where the movements of such vehicle usually
28 originate; situs of the residence of the owner or
29 operator thereof, or of his principal office or
30 offices, or of his places of business; the routes
31 traversed and whether regular or irregular routes
32 are traversed, and the jurisdictions traversed and
33 served; and such other factors as may be deemed
34 material by the Secretary and the motor vehicle
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1 administrators of the other jurisdictions involved
2 in such apportionment; and
3 (d) that such vehicles shall maintain therein
4 any reciprocity permit which may be required by the
5 Secretary of State pursuant to rules and regulations
6 which the Secretary of State may promulgate in the
7 administration of this Code, in the public interest.
8 (3) (a) In order to effectuate the purposes of this
9 Code, the Secretary of State of Illinois is
10 empowered to negotiate and execute written
11 reciprocal agreements or arrangements with the duly
12 authorized representatives of other jurisdictions,
13 including States, districts, territories and
14 possessions of the United States, and foreign
15 states, provinces, or countries, granting to owners
16 or operators of vehicles duly registered or licensed
17 in such other jurisdictions and for which evidence
18 of compliance is supplied, benefits, privileges and
19 exemption from the payment, wholly or partially, of
20 any taxes, fees or other charges imposed with
21 respect to the ownership or operation of such
22 vehicles by the laws of this State except the tax
23 imposed by the Motor Fuel Tax Law, approved March
24 25, 1929, as amended, and the tax imposed by the Use
25 Tax Act, approved July 14, 1955, as amended.
26 The Secretary of State may negotiate agreements
27 or arrangements as are in the best interests of this
28 State and the residents of this State pursuant to
29 the policies expressed in this Section taking into
30 consideration the reciprocal exemptions, benefits
31 and privileges available and accruing to residents
32 of this State and vehicles registered in this State.
33 (b) Such reciprocal agreements or arrangements
34 shall provide that vehicles duly registered or
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1 licensed in this State when operated upon the
2 highways of such other jurisdictions, shall receive
3 exemptions, benefits and privileges of a similar
4 kind or to a similar degree as extended to vehicles
5 from such jurisdictions in this State.
6 (c) Such agreements or arrangements may also
7 authorize the apportionment of registration or
8 licensing of fleets of vehicles operated interstate,
9 based on any or all of the following factors: ratio
10 of miles in Illinois as against total miles in all
11 jurisdictions; situs or base of a vehicle, or where
12 it is principally garaged or from whence it is
13 principally dispatched or where the movements of
14 such vehicle usually originate; situs of the
15 residence of the owner or operator thereof, or of
16 his principal office or offices, or of his places of
17 business; the routes traversed and whether regular
18 or irregular routes are traversed, and the
19 jurisdictions traversed and served; and such other
20 factors as may be deemed material by the Secretary
21 and the motor vehicle administrators of the other
22 jurisdictions involved in such apportionment, and
23 such vehicles shall likewise be entitled to
24 reciprocal exemptions, benefits and privileges.
25 (d) Such agreements or arrangements shall also
26 provide that vehicles being operated in intrastate
27 commerce in Illinois shall comply with the
28 registration and licensing laws of this State,
29 except that vehicles which are part of an
30 apportioned fleet may conduct an intrastate
31 operation incidental to their interstate operations.
32 Any motor vehicle properly registered and qualified
33 under any reciprocal agreement or arrangement under
34 this Code and not having a situs or base within
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1 Illinois may complete the inbound movement of a
2 trailer or semitrailer to an Illinois destination
3 that was brought into Illinois by a motor vehicle
4 also properly registered and qualified under this
5 Code and not having a situs or base within Illinois,
6 or may complete an outbound movement of a trailer or
7 semitrailer to an out-of-state destination that was
8 originated in Illinois by a motor vehicle also
9 properly registered and qualified under this Code
10 and not having a situs or base in Illinois, only if
11 the operator thereof did not break bulk of the cargo
12 laden in such inbound or outbound trailer or
13 semitrailer. Adding or unloading intrastate cargo on
14 such inbound or outbound trailer or semitrailer
15 shall be deemed as breaking bulk.
16 (e) Such agreements or arrangements may also
17 provide for the determination of the proper State in
18 which leased vehicles shall be registered based on
19 the factors set out in subsection (c) above and for
20 apportionment of registration of fleets of leased
21 vehicles by the lessee or by the lessor who leases
22 such vehicles to persons who are not fleet
23 operators.
24 (f) Such agreements or arrangements may also
25 include reciprocal exemptions, benefits or
26 privileges accruing under The Illinois Driver
27 Licensing Law or The Driver License Compact.
28 (4) The Secretary of State is further authorized to
29 examine the laws and requirements of other jurisdictions,
30 and, in the absence of a written agreement or
31 arrangement, to issue a written declaration of the extent
32 and nature of the exemptions, benefits and privileges
33 accorded to vehicles of this State by such other
34 jurisdictions, and the extent and nature of reciprocal
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1 exemptions, benefits and privileges thereby accorded by
2 this State to the vehicles of such other jurisdictions.
3 A declaration by the Secretary of State may include any,
4 part or all reciprocal exemptions, benefits and
5 privileges or provisions as may be included within an
6 agreement or arrangement.
7 (5) All agreements, arrangements, declarations and
8 amendments thereto, shall be in writing and become
9 effective when signed by the Secretary of State, and
10 copies of all such documents shall be available to the
11 public upon request.
12 (6) The Secretary of State is further authorized to
13 require the display by foreign registered trucks,
14 truck-tractors and buses, entitled to reciprocal
15 benefits, exemptions or privileges hereunder, a
16 reciprocity permit for external display before any such
17 reciprocal benefits, exemptions or privileges are
18 granted. The Secretary of State shall provide suitable
19 application forms for such permit and shall promulgate
20 and publish reasonable rules and regulations for the
21 administration and enforcement of the provisions of this
22 Code including a provision for revocation of such permit
23 as to any vehicle operated wilfully in violation of the
24 terms of any reciprocal agreement, arrangement or
25 declaration or in violation of the Illinois Motor Carrier
26 of Property Law, as amended.
27 (7) (a) Upon the suspension, revocation or denial
28 of one or more of all reciprocal benefits,
29 privileges and exemptions existing pursuant to the
30 terms and provisions of this Code or by virtue of a
31 reciprocal agreement or arrangement or declaration
32 thereunder; or, upon the suspension, revocation or
33 denial of a reciprocity permit; or, upon any action
34 or inaction of the Secretary in the administration
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1 and enforcement of the provisions of this Code, any
2 person, resident or nonresident, so aggrieved, may
3 serve upon the Secretary, a petition in writing and
4 under oath, setting forth the grievance of the
5 petitioner, the grounds and basis for the relief
6 sought, and all necessary facts and particulars, and
7 request an administrative hearing thereon. Within
8 20 days, the Secretary shall set a hearing date as
9 early as practical. The Secretary may, in his
10 discretion, supply forms for such a petition. The
11 Secretary may require the payment of a fee of not
12 more than $50 for the filing of any petition,
13 motion, or request for hearing conducted pursuant to
14 this Section. These fees must be deposited into the
15 Secretary of State DUI Administration Fund, a
16 special fund that is hereby created in the State
17 treasury, and, subject to appropriation and as
18 directed by the Secretary of State, shall be used to
19 fund the operation of the hearings department of the
20 Office of the Secretary of State and for no other
21 purpose. The Secretary shall establish by rule the
22 amount and the procedures, terms, and conditions
23 relating to these fees.
24 (b) The Secretary may likewise, in his
25 discretion and upon his own petition, order a
26 hearing, when in his best judgment, any person is
27 not entitled to the reciprocal benefits, privileges
28 and exemptions existing pursuant to the terms and
29 provisions of this Code or under a reciprocal
30 agreement or arrangement or declaration thereunder
31 or that a vehicle owned or operated by such person
32 is improperly registered or licensed, or that an
33 Illinois resident has improperly registered or
34 licensed a vehicle in another jurisdiction for the
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1 purposes of violating or avoiding the registration
2 laws of this State.
3 (c) The Secretary shall notify a petitioner or
4 any other person involved of such a hearing, by
5 giving at least 10 days notice, in writing, by U.S.
6 Mail, Registered or Certified, or by personal
7 service, at the last known address of such
8 petitioner or person, specifying the time and place
9 of such hearing. Such hearing shall be held before
10 the Secretary, or any person as he may designate,
11 and unless the parties mutually agree to some other
12 county in Illinois, the hearing shall be held in the
13 County of Sangamon or the County of Cook.
14 Appropriate records of the hearing shall be kept,
15 and the Secretary shall issue or cause to be issued,
16 his decision on the case, within 30 days after the
17 close of such hearing or within 30 days after
18 receipt of the transcript thereof, and a copy shall
19 likewise be served or mailed to the petitioner or
20 person involved.
21 (d) The actions or inactions or
22 determinations, or findings and decisions upon an
23 administrative hearing, of the Secretary, shall be
24 subject to judicial review in the Circuit Court of
25 the County of Sangamon or the County of Cook, and
26 the provisions of the Administrative Review Law, and
27 all amendments and modifications thereof and rules
28 adopted pursuant thereto, apply to and govern all
29 such reviewable matters.
30 Any reciprocal agreements or arrangements
31 entered into by the Secretary of State or any
32 declarations issued by the Secretary of State
33 pursuant to any law in effect prior to the effective
34 date of this Code are not hereby abrogated, and such
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1 shall continue in force and effect until amended
2 pursuant to the provisions of this Code or expire
3 pursuant to the terms or provisions thereof.
4 (Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.)
5 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
6 Sec. 6-205. Mandatory revocation of license or permit;
7 Hardship cases.
8 (a) Except as provided in this Section, the Secretary of
9 State shall immediately revoke the license or permit of any
10 driver upon receiving a report of the driver's conviction of
11 any of the following offenses:
12 1. Reckless homicide resulting from the operation
13 of a motor vehicle;
14 2. Violation of Section 11-501 of this Code or a
15 similar provision of a local ordinance relating to the
16 offense of operating or being in physical control of a
17 vehicle while under the influence of alcohol, other drug
18 or drugs, intoxicating compound or compounds, or any
19 combination thereof;
20 3. Any felony under the laws of any State or the
21 federal government in the commission of which a motor
22 vehicle was used;
23 4. Violation of Section 11-401 of this Code
24 relating to the offense of leaving the scene of a traffic
25 accident involving death or personal injury;
26 5. Perjury or the making of a false affidavit or
27 statement under oath to the Secretary of State under this
28 Code or under any other law relating to the ownership or
29 operation of motor vehicles;
30 6. Conviction upon 3 charges of violation of
31 Section 11-503 of this Code relating to the offense of
32 reckless driving committed within a period of 12 months;
33 7. Conviction of the offense of automobile theft as
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1 defined in Section 4-102 of this Code;
2 8. Violation of Section 11-504 of this Code
3 relating to the offense of drag racing;
4 9. Violation of Chapters 8 and 9 of this Code;
5 10. Violation of Section 12-5 of the Criminal Code
6 of 1961 arising from the use of a motor vehicle;
7 11. Violation of Section 11-204.1 of this Code
8 relating to aggravated fleeing or attempting to elude a
9 police officer;
10 12. Violation of paragraph (1) of subsection (b) of
11 Section 6-507, or a similar law of any other state,
12 relating to the unlawful operation of a commercial motor
13 vehicle;
14 13. Violation of paragraph (a) of Section 11-502 of
15 this Code or a similar provision of a local ordinance if
16 the driver has been previously convicted of a violation
17 of that Section or a similar provision of a local
18 ordinance and the driver was less than 21 years of age at
19 the time of the offense.
20 (b) The Secretary of State shall also immediately revoke
21 the license or permit of any driver in the following
22 situations:
23 1. Of any minor upon receiving the notice provided
24 for in Section 5-901 of the Juvenile Court Act of 1987
25 that the minor has been adjudicated under that Act as
26 having committed an offense relating to motor vehicles
27 prescribed in Section 4-103 of this Code;
28 2. Of any person when any other law of this State
29 requires either the revocation or suspension of a license
30 or permit.
31 (c) Whenever a person is convicted of any of the
32 offenses enumerated in this Section, the court may recommend
33 and the Secretary of State in his discretion, without regard
34 to whether the recommendation is made by the court may, upon
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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
4 or within the scope of the petitioner's employment related
5 duties, or to allow transportation for the petitioner or a
6 household member of the petitioner's family for the receipt
7 of necessary medical care or, if the professional evaluation
8 indicates, provide transportation for the petitioner for
9 alcohol remedial or rehabilitative activity, or for the
10 petitioner to attend classes, as a student, in an accredited
11 educational institution; if the petitioner is able to
12 demonstrate that no alternative means of transportation is
13 reasonably available and the petitioner will not endanger the
14 public safety or welfare; provided that the Secretary's
15 discretion shall be limited to cases where undue hardship
16 would result from a failure to issue the restricted driving
17 permit.
18 If a person's license or permit has been revoked or
19 suspended 2 or more times due to 2 or more convictions within
20 a 10 year period for Section 11-501 of this Code or similar
21 provisions of local ordinances or similar out-of-state
22 offenses, or 2 or more statutory summary suspensions under
23 Section 11-501.1, or any combination of 2 offenses, or of an
24 offense and a statutory summary suspension, arising out of
25 separate occurrences, that person, if issued a restricted
26 driving permit, may not operate a vehicle unless it has been
27 equipped with an ignition interlock device as defined in
28 Section 1-129.1. The person must pay to the Secretary of
29 State DUI Administration Fund an amount not to exceed $20 per
30 month. The Secretary shall establish by rule the amount and
31 the procedures, terms, and conditions relating to these fees.
32 If the Restricted Driving Permit issued by the Office of
33 Secretary of State was issued on the basis of hardship, due
34 to that person's need to travel as a means of employment,
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1 then this provision does not apply to an occupational vehicle
2 owned or leased by that person's employer. In each case the
3 Secretary of State may issue a restricted driving permit for
4 a period he deems appropriate, except that the permit shall
5 expire within one year from the date of issuance. The
6 Secretary may not, however, issue a restricted driving permit
7 to any person whose current revocation is the result of a
8 second or subsequent conviction for a violation of Section
9 11-501 of this Code or a similar provision of a local
10 ordinance relating to the offense of operating or being in
11 physical control of a motor vehicle while under the influence
12 of alcohol, other drug or drugs, intoxicating compound or
13 compounds, or any similar out-of-state offense, or any
14 combination thereof, until the expiration of at least one
15 year from the date of the revocation. A restricted driving
16 permit issued under this Section shall be subject to
17 cancellation, revocation, and suspension by the Secretary of
18 State in like manner and for like cause as a driver's license
19 issued under this Code may be cancelled, revoked, or
20 suspended; except that a conviction upon one or more offenses
21 against laws or ordinances regulating the movement of traffic
22 shall be deemed sufficient cause for the revocation,
23 suspension, or cancellation of a restricted driving permit.
24 The Secretary of State may, as a condition to the issuance of
25 a restricted driving permit, require the applicant to
26 participate in a designated driver remedial or rehabilitative
27 program. The Secretary of State is authorized to cancel a
28 restricted driving permit if the permit holder does not
29 successfully complete the program. However, if an
30 individual's driving privileges have been revoked in
31 accordance with paragraph 13 of subsection (a) of this
32 Section, no restricted driving permit shall be issued until
33 the individual has served 6 months of the revocation period.
34 (d) Whenever a person under the age of 21 is convicted
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1 under Section 11-501 of this Code or a similar provision of a
2 local ordinance, the Secretary of State shall revoke the
3 driving privileges of that person. One year after the date
4 of revocation, and upon application, the Secretary of State
5 may, if satisfied that the person applying will not endanger
6 the public safety or welfare, issue a restricted driving
7 permit granting the privilege of driving a motor vehicle only
8 between the hours of 5 a.m. and 9 p.m. or as otherwise
9 provided by this Section for a period of one year. After
10 this one year period, and upon reapplication for a license as
11 provided in Section 6-106, upon payment of the appropriate
12 reinstatement fee provided under paragraph (b) of Section
13 6-118, the Secretary of State, in his discretion, may issue
14 the applicant a license, or extend the restricted driving
15 permit as many times as the Secretary of State deems
16 appropriate, by additional periods of not more than 12 months
17 each, until the applicant attains 21 years of age.
18 If a person's license or permit has been revoked or
19 suspended 2 or more times, due to 2 or more convictions
20 within a 10 year period for Section 11-501 of this Code or
21 similar provisions of local ordinances or similar
22 out-of-state offenses, or 2 or more statutory summary
23 suspensions under Section 11-501.1, or any combination of 2
24 offenses, or of an offense and a statutory summary
25 suspension, arising out of separate occurrences, that person,
26 if issued a restricted driving permit, may not operate a
27 vehicle unless it has been equipped with an ignition
28 interlock device as defined in Section 1-129.1. The person
29 must pay to the Secretary of State DUI Administration Fund an
30 amount not to exceed $20 per month. The Secretary shall
31 establish by rule the amount and the procedures, terms, and
32 conditions relating to these fees. If the Restricted Driving
33 Permit issued by the Office of Secretary of State was issued
34 on the basis of hardship, due to that person's need to travel
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1 as a means of employment, then this provision does not apply
2 to an occupational vehicle owned or leased by that person's
3 employer. A restricted driving permit issued under this
4 Section shall be subject to cancellation, revocation, and
5 suspension by the Secretary of State in like manner and for
6 like cause as a driver's license issued under this Code may
7 be cancelled, revoked, or suspended; except that a conviction
8 upon one or more offenses against laws or ordinances
9 regulating the movement of traffic shall be deemed sufficient
10 cause for the revocation, suspension, or cancellation of a
11 restricted driving permit. Any person under 21 years of age
12 who has a driver's license revoked for a second or subsequent
13 conviction for driving under the influence, prior to the age
14 of 21, shall not be eligible to submit an application for a
15 full reinstatement of driving privileges or a restricted
16 driving permit until age 21 or one additional year from the
17 date of the latest such revocation, whichever is the longer.
18 The revocation periods contained in this subparagraph shall
19 apply to similar out-of-state convictions.
20 (e) This Section is subject to the provisions of the
21 Driver License Compact.
22 (f) Any revocation imposed upon any person under
23 subsections 2 and 3 of paragraph (b) that is in effect on
24 December 31, 1988 shall be converted to a suspension for a
25 like period of time.
26 (g) The Secretary of State shall not issue a restricted
27 driving permit to a person under the age of 16 years whose
28 driving privileges have been revoked under any provisions of
29 this Code.
30 (h) The Secretary of State may use ignition interlock
31 device requirements when granting driving relief to
32 individuals who have been arrested for a second or subsequent
33 offense under Section 11-501 of this Code or a similar
34 provision of a local ordinance. The Secretary shall
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1 establish by rule and regulation the procedures for use of
2 the interlock system.
3 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
4 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
5 7-29-99.)
6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
7 Sec. 6-206. Discretionary authority to suspend or revoke
8 license or permit; Right to a hearing.
9 (a) The Secretary of State is authorized to suspend or
10 revoke the driving privileges of any person without
11 preliminary hearing upon a showing of the person's records or
12 other sufficient evidence that the person:
13 1. Has committed an offense for which mandatory
14 revocation of a driver's license or permit is required
15 upon conviction;
16 2. Has been convicted of not less than 3 offenses
17 against traffic regulations governing the movement of
18 vehicles committed within any 12 month period. No
19 revocation or suspension shall be entered more than 6
20 months after the date of last conviction;
21 3. Has been repeatedly involved as a driver in
22 motor vehicle collisions or has been repeatedly convicted
23 of offenses against laws and ordinances regulating the
24 movement of traffic, to a degree that indicates lack of
25 ability to exercise ordinary and reasonable care in the
26 safe operation of a motor vehicle or disrespect for the
27 traffic laws and the safety of other persons upon the
28 highway;
29 4. Has by the unlawful operation of a motor vehicle
30 caused or contributed to an accident resulting in death
31 or injury requiring immediate professional treatment in a
32 medical facility or doctor's office to any person, except
33 that any suspension or revocation imposed by the
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1 Secretary of State under the provisions of this
2 subsection shall start no later than 6 months after being
3 convicted of violating a law or ordinance regulating the
4 movement of traffic, which violation is related to the
5 accident, or shall start not more than one year after the
6 date of the accident, whichever date occurs later;
7 5. Has permitted an unlawful or fraudulent use of a
8 driver's license, identification card, or permit;
9 6. Has been lawfully convicted of an offense or
10 offenses in another state, including the authorization
11 contained in Section 6-203.1, which if committed within
12 this State would be grounds for suspension or revocation;
13 7. Has refused or failed to submit to an
14 examination provided for by Section 6-207 or has failed
15 to pass the examination;
16 8. Is ineligible for a driver's license or permit
17 under the provisions of Section 6-103;
18 9. Has made a false statement or knowingly
19 concealed a material fact or has used false information
20 or identification in any application for a license,
21 identification card, or permit;
22 10. Has possessed, displayed, or attempted to
23 fraudulently use any license, identification card, or
24 permit not issued to the person;
25 11. Has operated a motor vehicle upon a highway of
26 this State when the person's driving privilege or
27 privilege to obtain a driver's license or permit was
28 revoked or suspended unless the operation was authorized
29 by a judicial driving permit, probationary license to
30 drive, or a restricted driving permit issued under this
31 Code;
32 12. Has submitted to any portion of the application
33 process for another person or has obtained the services
34 of another person to submit to any portion of the
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1 application process for the purpose of obtaining a
2 license, identification card, or permit for some other
3 person;
4 13. Has operated a motor vehicle upon a highway of
5 this State when the person's driver's license or permit
6 was invalid under the provisions of Sections 6-107.1 and
7 6-110;
8 14. Has committed a violation of Section 6-301,
9 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
10 14B of the Illinois Identification Card Act;
11 15. Has been convicted of violating Section 21-2 of
12 the Criminal Code of 1961 relating to criminal trespass
13 to vehicles in which case, the suspension shall be for
14 one year;
15 16. Has been convicted of violating Section 11-204
16 of this Code relating to fleeing from a police 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
19 person has not sought a hearing as provided for in
20 Section 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
25 (b) of Section 6-101 relating to driving without a
26 driver's license;
27 20. Has been convicted of violating Section 6-104
28 relating to classification of driver's license;
29 21. Has been convicted of violating Section 11-402
30 of this Code relating to leaving the scene of an accident
31 resulting in damage to a vehicle in excess of $1,000, in
32 which case the suspension shall be for one year;
33 22. Has used a motor vehicle in violating paragraph
34 (3), (4), (7), or (9) of subsection (a) of Section 24-1
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1 of the Criminal Code of 1961 relating to unlawful use of
2 weapons, in which case the suspension shall be for one
3 year;
4 23. Has, as a driver, been convicted of committing
5 a violation of paragraph (a) of Section 11-502 of this
6 Code for a second or subsequent time within one year of a
7 similar violation;
8 24. Has been convicted by a court-martial or
9 punished by non-judicial punishment by military
10 authorities of the United States at a military
11 installation in Illinois of or for a traffic related
12 offense that is the same as or similar to an offense
13 specified under Section 6-205 or 6-206 of this Code;
14 25. Has permitted any form of identification to be
15 used by another in the application process in order to
16 obtain or attempt to obtain a license, identification
17 card, or permit;
18 26. Has altered or attempted to alter a license or
19 has possessed an altered license, identification card, or
20 permit;
21 27. Has violated Section 6-16 of the Liquor Control
22 Act of 1934;
23 28. Has been convicted of the illegal possession,
24 while operating or in actual physical control, as a
25 driver, of a motor vehicle, of any controlled substance
26 prohibited under the Illinois Controlled Substances Act
27 or any cannabis prohibited under the provisions of the
28 Cannabis Control Act, in which case the person's driving
29 privileges shall be suspended for one year, and any
30 driver who is convicted of a second or subsequent
31 offense, within 5 years of a previous conviction, for the
32 illegal possession, while operating or in actual physical
33 control, as a driver, of a motor vehicle, of any
34 controlled substance prohibited under the provisions of
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1 the Illinois Controlled Substances Act or any cannabis
2 prohibited under the Cannabis Control Act shall be
3 suspended for 5 years. Any defendant found guilty of this
4 offense while operating a motor vehicle, shall have an
5 entry made in the court record by the presiding judge
6 that this offense did occur while the defendant was
7 operating a motor vehicle and order the clerk of the
8 court to report the violation to the Secretary of State;
9 29. Has been convicted of the following offenses
10 that were committed while the person was operating or in
11 actual physical control, as a driver, of a motor vehicle:
12 criminal sexual assault, predatory criminal sexual
13 assault of a child, aggravated criminal sexual assault,
14 criminal sexual abuse, aggravated criminal sexual abuse,
15 juvenile pimping, soliciting for a juvenile prostitute
16 and the manufacture, sale or delivery of controlled
17 substances or instruments used for illegal drug use or
18 abuse in which case the driver's driving privileges shall
19 be suspended for one year;
20 30. Has been convicted a second or subsequent time
21 for any combination of the offenses named in paragraph 29
22 of this subsection, in which case the person's driving
23 privileges shall be suspended for 5 years;
24 31. Has refused to submit to a test as required by
25 Section 11-501.6 or has submitted to a test resulting in
26 an alcohol concentration of 0.08 or more or any amount of
27 a drug, substance, or compound resulting from the
28 unlawful use or consumption of cannabis as listed in the
29 Cannabis Control Act or a controlled substance as listed
30 in the Illinois Controlled Substances Act in which case
31 the penalty shall be as prescribed in Section 6-208.1;
32 32. Has been convicted of Section 24-1.2 of the
33 Criminal Code of 1961 relating to the aggravated
34 discharge of a firearm if the offender was located in a
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1 motor vehicle at the time the firearm was discharged, in
2 which case the suspension shall be for 3 years;
3 33. Has as a driver, who was less than 21 years of
4 age on the date of the offense, been convicted a first
5 time of a violation of paragraph (a) of Section 11-502 of
6 this Code or a similar provision of a local ordinance;
7 34. Has committed a violation of Section 11-1301.5
8 of this Code;
9 35. Has committed a violation of Section 11-1301.6
10 of this Code; or
11 36. Is under the age of 21 years at the time of
12 arrest and has been convicted of not less than 2
13 offenses against traffic regulations governing the
14 movement of vehicles committed within any 24 month
15 period. No revocation or suspension shall be entered
16 more than 6 months after the date of last conviction.
17 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18 and 27 of this subsection, license means any driver's
19 license, any traffic ticket issued when the person's driver's
20 license is deposited in lieu of bail, a suspension notice
21 issued by the Secretary of State, a duplicate or corrected
22 driver's license, a probationary driver's license or a
23 temporary driver's license.
24 (b) If any conviction forming the basis of a suspension
25 or revocation authorized under this Section is appealed, the
26 Secretary of State may rescind or withhold the entry of the
27 order of suspension or revocation, as the case may be,
28 provided that a certified copy of a stay order of a court is
29 filed with the Secretary of State. If the conviction is
30 affirmed on appeal, the date of the conviction shall relate
31 back to the time the original judgment of conviction was
32 entered and the 6 month limitation prescribed shall not
33 apply.
34 (c) 1. Upon suspending or revoking the driver's license
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1 or permit of any person as authorized in this Section,
2 the Secretary of State shall immediately notify the
3 person in writing of the revocation or suspension. The
4 notice to be deposited in the United States mail, postage
5 prepaid, to the last known address of the person.
6 2. If the Secretary of State suspends the driver's
7 license of a person under subsection 2 of paragraph (a)
8 of this Section, a person's privilege to operate a
9 vehicle as an occupation shall not be suspended, provided
10 an affidavit is properly completed, the appropriate fee
11 received, and a permit issued prior to the effective date
12 of the suspension, unless 5 offenses were committed, at
13 least 2 of which occurred while operating a commercial
14 vehicle in connection with the driver's regular
15 occupation. All other driving privileges shall be
16 suspended by the Secretary of State. Any driver prior to
17 operating a vehicle for occupational purposes only must
18 submit the affidavit on forms to be provided by the
19 Secretary of State setting forth the facts of the
20 person's occupation. The affidavit shall also state the
21 number of offenses committed while operating a vehicle in
22 connection with the driver's regular occupation. The
23 affidavit shall be accompanied by the driver's license.
24 Upon receipt of a properly completed affidavit, the
25 Secretary of State shall issue the driver a permit to
26 operate a vehicle in connection with the driver's regular
27 occupation only. Unless the permit is issued by the
28 Secretary of State prior to the date of suspension, the
29 privilege to drive any motor vehicle shall be suspended
30 as set forth in the notice that was mailed under this
31 Section. If an affidavit is received subsequent to the
32 effective date of this suspension, a permit may be issued
33 for the remainder of the suspension period.
34 The provisions of this subparagraph shall not apply
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1 to any driver required to obtain a commercial driver's
2 license under Section 6-507 during the period of a
3 disqualification of commercial driving privileges under
4 Section 6-514.
5 Any person who falsely states any fact in the
6 affidavit required herein shall be guilty of perjury
7 under Section 6-302 and upon conviction thereof shall
8 have all driving privileges revoked without further
9 rights.
10 3. At the conclusion of a hearing under Section
11 2-118 of this Code, the Secretary of State shall either
12 rescind or continue an order of revocation or shall
13 substitute an order of suspension; or, good cause
14 appearing therefor, rescind, continue, change, or extend
15 the order of suspension. If the Secretary of State does
16 not rescind the order, the Secretary may upon
17 application, to relieve undue hardship, issue a
18 restricted driving permit granting the privilege of
19 driving a motor vehicle between the petitioner's
20 residence and petitioner's place of employment or within
21 the scope of his employment related duties, or to allow
22 transportation for the petitioner, or a household member
23 of the petitioner's family, to receive necessary medical
24 care and if the professional evaluation indicates,
25 provide transportation for alcohol remedial or
26 rehabilitative activity, or for the petitioner to attend
27 classes, as a student, in an accredited educational
28 institution; if the petitioner is able to demonstrate
29 that no alternative means of transportation is reasonably
30 available and the petitioner will not endanger the public
31 safety or welfare.
32 If a person's license or permit has been revoked or
33 suspended 2 or more times due to 2 or more convictions
34 within a 10 year period for Section 11-501 of this Code
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1 or similar provisions of local ordinances or similar
2 out-of-state offenses, or 2 or more statutory summary
3 suspensions under Section 11-501.1, or any combination of
4 2 offenses, or of an offense and a statutory summary
5 suspension, arising out of separate occurrences, that
6 person, if issued a restricted driving permit, may not
7 operate a vehicle unless it has been equipped with an
8 ignition interlock device as defined in Section 1-129.1.
9 The person must pay to the Secretary of State DUI
10 Administration Fund an amount not to exceed $20 per
11 month. The Secretary shall establish by rule the amount
12 and the procedures, terms, and conditions relating to
13 these fees. If the Restricted Driving Permit issued by
14 the Office of Secretary of State was issued on the basis
15 of hardship, due to that person's need to travel as a
16 means of employment, then this provision does not apply
17 to an occupational vehicle owned or leased by that
18 person's employer. In each case the Secretary may issue a
19 restricted driving permit for a period deemed
20 appropriate, except that all permits shall expire within
21 one year from the date of issuance. The Secretary may
22 not, however, issue a restricted driving permit to any
23 person whose current revocation is the result of a second
24 or subsequent conviction for a violation of Section
25 11-501 of this Code or a similar provision of a local
26 ordinance relating to the offense of operating or being
27 in physical control of a motor vehicle while under the
28 influence of alcohol, other drug or drugs, intoxicating
29 compound or compounds, or any similar out-of-state
30 offense, or any combination of those offenses, until the
31 expiration of at least one year from the date of the
32 revocation. A restricted driving permit issued under this
33 Section shall be subject to cancellation, revocation, and
34 suspension by the Secretary of State in like manner and
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1 for like cause as a driver's license issued under this
2 Code may be cancelled, revoked, or suspended; except that
3 a conviction upon one or more offenses against laws or
4 ordinances regulating the movement of traffic shall be
5 deemed sufficient cause for the revocation, suspension,
6 or cancellation of a restricted driving permit. The
7 Secretary of State may, as a condition to the issuance of
8 a restricted driving permit, require the applicant to
9 participate in a designated driver remedial or
10 rehabilitative program. The Secretary of State is
11 authorized to cancel a restricted driving permit if the
12 permit holder does not successfully complete the program.
13 (c-5) The Secretary of State may, as a condition of the
14 reissuance of a driver's license or permit to an applicant
15 under the age of 18 years whose driver's license or permit
16 has been suspended pursuant to any of the provisions of this
17 Section, require the applicant to participate in a driver
18 remedial education course and be retested under Section 6-109
19 of this Code.
20 (d) This Section is subject to the provisions of the
21 Drivers License Compact.
22 (e) The Secretary of State shall not issue a restricted
23 driving permit to a person under the age of 16 years whose
24 driving privileges have been suspended or revoked under any
25 provisions of this Code.
26 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
27 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
28 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
29 (625 ILCS 5/6-206.2)
30 Sec. 6-206.2. Violations relating to an ignition
31 interlock device.
32 (a) It is unlawful for any person whose driving
33 privilege is restricted by being prohibited from operating a
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1 motor vehicle not equipped with an ignition interlock device
2 to request or solicit any other person to blow into an
3 ignition interlock device or to start a motor vehicle
4 equipped with the device for the purpose of providing the
5 person so restricted with an operable motor vehicle.
6 (b) It is unlawful to blow into an ignition interlock
7 device or to start a motor vehicle equipped with the device
8 for the purpose of providing an operable motor vehicle to a
9 person whose driving privilege is restricted by being
10 prohibited from operating a motor vehicle not equipped with
11 an ignition interlock device.
12 (c) It is unlawful to tamper with, or circumvent the
13 operation of, an ignition interlock device.
14 (d) Except as provided in subsection (c)(17) of Section
15 5-6-3.1 of the Unified Code of Corrections or by rule, no
16 person shall knowingly rent, lease, or lend a motor vehicle
17 to a person known to have his or her driving privilege
18 restricted by being prohibited from operating a vehicle not
19 equipped with an ignition interlock device, unless the
20 vehicle is equipped with a functioning ignition interlock
21 device. Any person whose driving privilege is so restricted
22 shall notify any person intending to rent, lease, or loan a
23 motor vehicle to the restricted person of the driving
24 restriction imposed upon him or her.
25 A person convicted of a violation of this subsection
26 shall be punished by imprisonment for not more than 6 months
27 or by a fine of not more than $5,000, or both.
28 (e) If a person prohibited under paragraph (2) or
29 paragraph (3) of subsection (c-4) of Section 11-501 from
30 driving any vehicle not equipped with an ignition interlock
31 device nevertheless is convicted of driving a vehicle that is
32 not equipped with the device, that person is prohibited from
33 driving any vehicle not equipped with an ignition interlock
34 device for an additional period of time equal to the initial
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1 time period that the person was required to use an ignition
2 interlock device.
3 (Source: P.A. 91-127, eff. 1-1-00.)
4 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
5 Sec. 6-208. Period of Suspension - Application After
6 Revocation.
7 (a) Except as otherwise provided by this Code or any
8 other law of this State, the Secretary of State shall not
9 suspend a driver's license, permit or privilege to drive a
10 motor vehicle on the highways for a period of more than one
11 year.
12 (b) Any person whose license, permit or privilege to
13 drive a motor vehicle on the highways has been revoked shall
14 not be entitled to have such license, permit or privilege
15 renewed or restored. However, such person may, except as
16 provided under subsection (d) of Section 6-205, make
17 application for a license pursuant to Section 6-106 (i) if
18 the revocation was for a cause which has been removed or (ii)
19 as provided in the following subparagraphs:
20 1. Except as provided in subparagraphs 2, 3, and 4,
21 the person may make application for a license after the
22 expiration of one year from the effective date of the
23 revocation or, in the case of a violation of paragraph
24 (b) of Section 11-401 of this Code or a similar provision
25 of a local ordinance, after the expiration of 3 years
26 from the effective date of the revocation or, in the case
27 of a violation of Section 9-3 of the Criminal Code of
28 1961 relating to the offense of reckless homicide, after
29 the expiration of 2 years from the effective date of the
30 revocation.
31 2. If such person is convicted of committing a
32 second violation within a 20 year period of:
33 (A) Section 11-501 of this Code, or a similar
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1 provision of a local ordinance; or
2 (B) Paragraph (b) of Section 11-401 of this
3 Code, or a similar provision of a local ordinance;
4 or
5 (C) Section 9-3 of the Criminal Code of 1961,
6 as amended, relating to the offense of reckless
7 homicide; or
8 (D) any combination of the above offenses
9 committed at different instances;
10 then such person may not make application for a license
11 until after the expiration of 5 years from the effective
12 date of the most recent revocation. The 20 year period
13 shall be computed by using the dates the offenses were
14 committed and shall also include similar out-of-state
15 offenses.
16 3. However, except as provided in subparagraph 4,
17 if such person is convicted of committing a third, or
18 subsequent, violation or any combination of the above
19 offenses, including similar out-of-state offenses,
20 contained in subparagraph 2, then such person may not
21 make application for a license until after the expiration
22 of 10 years from the effective date of the most recent
23 revocation.
24 4. The person may not make application for a
25 license if the person is convicted of committing a fourth
26 or subsequent violation of Section 11-501 of this Code or
27 a similar provision of a local ordinance, paragraph (b)
28 of Section 11-401 of this Code, Section 9-3 of the
29 Criminal Code of 1961, or a combination of these offenses
30 or similar provisions of local ordinances or similar
31 out-of-state offenses if the original revocation or
32 suspension was for a violation of Section 11-501 or
33 11-501.1 of this Code or a similar provision of a local
34 ordinance.
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1 Notwithstanding any other provision of this Code, all
2 persons referred to in this paragraph (b) may not have their
3 privileges restored until the Secretary receives payment of
4 the required reinstatement fee pursuant to subsection (b) of
5 Section 6-118.
6 In no event shall the Secretary issue such license unless
7 and until such person has had a hearing pursuant to this Code
8 and the appropriate administrative rules and the Secretary is
9 satisfied, after a review or investigation of such person,
10 that to grant the privilege of driving a motor vehicle on the
11 highways will not endanger the public safety or welfare.
12 (c) If a person prohibited under paragraph (2) or
13 paragraph (3) of subsection (c-4) of Section 11-501 from
14 driving any vehicle not equipped with an ignition interlock
15 device nevertheless is convicted of driving a vehicle that is
16 not equipped with the device, that person is prohibited from
17 driving any vehicle not equipped with an ignition interlock
18 device for an additional period of time equal to the initial
19 time period that the person was required to use an ignition
20 interlock device.
21 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99;
22 91-357, eff. 7-29-99.)
23 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
24 Sec. 11-501. Driving while under the influence of
25 alcohol, other drug or drugs, intoxicating compound or
26 compounds or any combination thereof.
27 (a) A person shall not drive or be in actual physical
28 control of any vehicle within this State while:
29 (1) the alcohol concentration in the person's blood
30 or breath is 0.08 or more based on the definition of
31 blood and breath units in Section 11-501.2;
32 (2) under the influence of alcohol;
33 (3) under the influence of any intoxicating
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1 compound or combination of intoxicating compounds to a
2 degree that renders the person incapable of driving
3 safely;
4 (4) under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving;
7 (5) under the combined influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds to a
9 degree that renders the person incapable of safely
10 driving; or
11 (6) there is any amount of a drug, substance, or
12 compound in the person's breath, blood, or urine
13 resulting from the unlawful use or consumption of
14 cannabis listed in the Cannabis Control Act, a controlled
15 substance listed in the Illinois Controlled Substances
16 Act, or an intoxicating compound listed in the Use of
17 Intoxicating Compounds Act.
18 (b) The fact that any person charged with violating this
19 Section is or has been legally entitled to use alcohol, other
20 drug or drugs, or intoxicating compound or compounds, or any
21 combination thereof, shall not constitute a defense against
22 any charge of violating this Section.
23 (c) Except as provided under paragraphs (c-3), (c-4),
24 and (d) of this Section, every person convicted of violating
25 this Section or a similar provision of a local ordinance,
26 shall be guilty of a Class A misdemeanor and, in addition to
27 any other criminal or administrative action, for any second
28 conviction of violating this Section or a similar provision
29 of a law of another state or local ordinance committed within
30 5 years of a previous violation of this Section or a similar
31 provision of a local ordinance shall be mandatorily sentenced
32 to a minimum of 48 consecutive hours of imprisonment or
33 assigned to a minimum of 100 hours of community service as
34 may be determined by the court. Every person convicted of
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1 violating this Section or a similar provision of a local
2 ordinance shall be subject to a mandatory minimum fine of
3 $500 and a mandatory 5 days of community service in a program
4 benefiting children if the person committed a violation of
5 paragraph (a) or a similar provision of a local ordinance
6 while transporting a person under age 16. Every person
7 convicted a second time for violating this Section or a
8 similar provision of a local ordinance within 5 years of a
9 previous violation of this Section or a similar provision of
10 a law of another state or local ordinance shall be subject to
11 a mandatory minimum fine of $500 and 10 days of mandatory
12 community service in a program benefiting children if the
13 current offense was committed while transporting a person
14 under age 16. The imprisonment or assignment under this
15 subsection shall not be subject to suspension nor shall the
16 person be eligible for probation in order to reduce the
17 sentence or assignment.
18 (c-1) (1) A person who violates this Section during a
19 period in which his or her driving privileges are revoked
20 or suspended, where the revocation or suspension was for
21 a violation of this Section, Section 11-501.1, paragraph
22 (b) of Section 11-401, or Section 9-3 of the Criminal
23 Code of 1961 is guilty of a Class 4 felony.
24 (2) A person who violates this Section a third time
25 during a period in which his or her driving privileges
26 are revoked or suspended where the revocation or
27 suspension was for a violation of this Section, Section
28 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
29 of the Criminal Code of 1961 is guilty of a Class 3
30 felony.
31 (3) A person who violates this Section a fourth or
32 subsequent time during a period in which his or her
33 driving privileges are revoked or suspended where the
34 revocation or suspension was for a violation of this
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1 Section, Section 11-501.1, paragraph (b) of Section
2 11-401, or Section 9-3 of the Criminal Code of 1961 is
3 guilty of a Class 2 felony.
4 (c-2) (Blank).
5 (c-3) Every person convicted of violating this Section
6 or a similar provision of a local ordinance who had a
7 child under age 16 in the vehicle at the time of the
8 offense shall have his or her punishment under this Act
9 enhanced by 2 days of imprisonment for a first offense,
10 10 days of imprisonment for a second offense, 30 days of
11 imprisonment for a third offense, and 90 days of
12 imprisonment for a fourth or subsequent offense, in
13 addition to the fine and community service required under
14 subsection (c) and the possible imprisonment required
15 under subsection (d). The imprisonment or assignment
16 under this subsection shall not be subject to suspension
17 nor shall the person be eligible for probation in order
18 to reduce the sentence or assignment.
19 (c-4) When a person is convicted of violating 11-501 of
20 the Illinois Vehicle Code, the following penalties apply when
21 his or her blood or breath was .16 or more based on the
22 definition of blood or breath units in Section 11-501.2 or
23 when that person is convicted of violating this Section while
24 transporting a child under the age of 16:
25 (1) A person who violates subsection (a) of Section
26 11-501 of the Illinois Vehicle Code a first time is
27 subject to a mandatory minimum of 100 hours of community
28 service and a minimum fine of $500.
29 (2) A person who violates subsection (a) of Section
30 11-501 of the Illinois Vehicle Code a second time within
31 10 years, in addition to any other penalty that may be
32 imposed, is subject to a mandatory minimum of 30 days of
33 imprisonment or 300 hours of community service, as
34 determined by the court, and a minimum fine of $1,250,
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1 and that person is prohibited from driving any vehicle
2 not equipped with an ignition interlock device for the
3 duration of the suspension or revocation. The ignition
4 interlock device must remain on the vehicle after full
5 reinstatement of driving privileges for a period of time
6 to be determined by the Secretary by rule.
7 (3) A person who violates subsection (a) of Section
8 11-501 of the Illinois Vehicle Code a third time within
9 20 years is guilty of a Class 4 felony and, in addition
10 to any other penalty that may be imposed, is subject to a
11 mandatory minimum of 90 days of imprisonment and a
12 minimum fine of $2,500, and that person is prohibited
13 from driving any vehicle not equipped with an ignition
14 interlock device for the duration of the suspension or
15 revocation. The ignition interlock device must remain on
16 the vehicle after full reinstatement of driving
17 privileges for a period of time to be determined by the
18 Secretary by rule.
19 (4) A person who violates this subsection (c-4) a
20 fourth or subsequent time is guilty of a Class 2 felony
21 and, in addition to any other penalty that may be
22 imposed, is not eligible for a sentence of probation or
23 conditional discharge and is subject to a minimum fine of
24 $2,500.
25 (d) (1) Every person convicted of committing a violation
26 of this Section shall be guilty of aggravated driving
27 under the influence of alcohol, other drug or drugs, or
28 intoxicating compound or compounds, or any combination
29 thereof if:
30 (A) the person committed a violation of this
31 Section, or a similar provision of a law of another
32 state or a local ordinance when the cause of action
33 is the same as or substantially similar to this
34 Section, for the third or subsequent time;
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1 (B) the person committed a violation of
2 paragraph (a) while driving a school bus with
3 children on board;
4 (C) the person in committing a violation of
5 paragraph (a) was involved in a motor vehicle
6 accident that resulted in great bodily harm or
7 permanent disability or disfigurement to another,
8 when the violation was a proximate cause of the
9 injuries; or
10 (D) the person committed a violation of
11 paragraph (a) for a second time and has been
12 previously convicted of violating Section 9-3 of the
13 Criminal Code of 1961 relating to reckless homicide
14 in which the person was determined to have been
15 under the influence of alcohol, other drug or drugs,
16 or intoxicating compound or compounds as an element
17 of the offense or the person has previously been
18 convicted under subparagraph (C) of this paragraph
19 (1).
20 (2) Aggravated driving under the influence of
21 alcohol, other drug or drugs, or intoxicating compound or
22 compounds, or any combination thereof is a Class 4 felony
23 for which a person, if sentenced to a term of
24 imprisonment, shall be sentenced to not less than one
25 year and not more than 3 years for a violation of
26 subparagraph (A), (B) or (D) of paragraph (1) of this
27 subsection (d) and not less than one year and not more
28 than 12 years for a violation of subparagraph (C) of
29 paragraph (1) of this subsection (d). For any prosecution
30 under this subsection (d), a certified copy of the
31 driving abstract of the defendant shall be admitted as
32 proof of any prior conviction.
33 (e) After a finding of guilt and prior to any final
34 sentencing, or an order for supervision, for an offense based
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1 upon an arrest for a violation of this Section or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem. Programs conducting these
6 evaluations shall be licensed by the Department of Human
7 Services. The cost of any professional evaluation shall be
8 paid for by the individual required to undergo the
9 professional evaluation.
10 (f) Every person found guilty of violating this Section,
11 whose operation of a motor vehicle while in violation of this
12 Section proximately caused any incident resulting in an
13 appropriate emergency response, shall be liable for the
14 expense of an emergency response as provided under Section
15 5-5-3 of the Unified Code of Corrections.
16 (g) The Secretary of State shall revoke the driving
17 privileges of any person convicted under this Section or a
18 similar provision of a local ordinance.
19 (h) Every person sentenced under subsection (d) of this
20 Section and who receives a term of probation or conditional
21 discharge shall be required to serve a minimum term of either
22 30 days community service or, beginning July 1, 1993, 48
23 consecutive hours of imprisonment as a condition of the
24 probation or conditional discharge. This mandatory minimum
25 term of imprisonment or assignment of community service shall
26 not be suspended and shall not be subject to reduction by the
27 court.
28 (i) The Secretary of State may use ignition interlock
29 device requirements when granting driving relief to
30 individuals who have been arrested for a second or subsequent
31 offense of this Section or a similar provision of a local
32 ordinance. The Secretary shall establish by rule and
33 regulation the procedures for use of the interlock system.
34 (j) In addition to any other penalties and liabilities,
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1 a person who is found guilty of or pleads guilty to violating
2 this Section, including any person placed on court
3 supervision for violating this Section, shall be fined $100,
4 payable to the circuit clerk, who shall distribute the money
5 to the law enforcement agency that made the arrest. In the
6 event that more than one agency is responsible for the
7 arrest, the $100 shall be shared equally. Any moneys
8 received by a law enforcement agency under this subsection
9 (j) shall be used to purchase law enforcement equipment that
10 will assist in the prevention of alcohol related criminal
11 violence throughout the State. This shall include, but is
12 not limited to, in-car video cameras, radar and laser speed
13 detection devices, and alcohol breath testers. Any moneys
14 received by the Department of State Police under this
15 subsection (j) shall be deposited into the State Police DUI
16 Fund and shall be used to purchase law enforcement equipment
17 that will assist in the prevention of alcohol related
18 criminal violence throughout the State.
19 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
20 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
21 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
22 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)
23 Section 15. The Unified Code of Corrections is amended
24 by changing Sections 5-5-3 and 5-6-3 as follows:
25 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
26 Sec. 5-5-3. Disposition.
27 (a) Every person convicted of an offense shall be
28 sentenced as provided in this Section.
29 (b) The following options shall be appropriate
30 dispositions, alone or in combination, for all felonies and
31 misdemeanors other than those identified in subsection (c) of
32 this Section:
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1 (1) A period of probation.
2 (2) A term of periodic imprisonment.
3 (3) A term of conditional discharge.
4 (4) A term of imprisonment.
5 (5) An order directing the offender to clean up and
6 repair the damage, if the offender was convicted under
7 paragraph (h) of Section 21-1 of the Criminal Code of
8 1961.
9 (6) A fine.
10 (7) An order directing the offender to make
11 restitution to the victim under Section 5-5-6 of this
12 Code.
13 (8) A sentence of participation in a county impact
14 incarceration program under Section 5-8-1.2 of this Code.
15 Whenever an individual is sentenced for an offense based
16 upon an arrest for a violation of Section 11-501 of the
17 Illinois Vehicle Code, or a similar provision of a local
18 ordinance, and the professional evaluation recommends
19 remedial or rehabilitative treatment or education, neither
20 the treatment nor the education shall be the sole disposition
21 and either or both may be imposed only in conjunction with
22 another disposition. The court shall monitor compliance with
23 any remedial education or treatment recommendations contained
24 in the professional evaluation. Programs conducting alcohol
25 or other drug evaluation or remedial education must be
26 licensed by the Department of Human Services. However, if
27 the individual is not a resident of Illinois, the court may
28 accept an alcohol or other drug evaluation or remedial
29 education program in the state of such individual's
30 residence. Programs providing treatment must be licensed
31 under existing applicable alcoholism and drug treatment
32 licensure standards.
33 In addition to any other fine or penalty required by law,
34 any individual convicted of a violation of Section 11-501 of
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1 the Illinois Vehicle Code or a similar provision of local
2 ordinance, whose operation of a motor vehicle while in
3 violation of Section 11-501 or such ordinance proximately
4 caused an incident resulting in an appropriate emergency
5 response, shall be required to make restitution to a public
6 agency for the costs of that emergency response. Such
7 restitution shall not exceed $500 per public agency for each
8 such emergency response. For the purpose of this paragraph,
9 emergency response shall mean any incident requiring a
10 response by: a police officer as defined under Section 1-162
11 of the Illinois Vehicle Code; a fireman carried on the rolls
12 of a regularly constituted fire department; and an ambulance
13 as defined under Section 4.05 of the Emergency Medical
14 Services (EMS) Systems Act.
15 Neither a fine nor restitution shall be the sole
16 disposition for a felony and either or both may be imposed
17 only in conjunction with another disposition.
18 (c) (1) When a defendant is found guilty of first degree
19 murder the State may either seek a sentence of
20 imprisonment under Section 5-8-1 of this Code, or where
21 appropriate seek a sentence of death under Section 9-1 of
22 the Criminal Code of 1961.
23 (2) A period of probation, a term of periodic
24 imprisonment or conditional discharge shall not be
25 imposed for the following offenses. The court shall
26 sentence the offender to not less than the minimum term
27 of imprisonment set forth in this Code for the following
28 offenses, and may order a fine or restitution or both in
29 conjunction with such term of imprisonment:
30 (A) First degree murder where the death
31 penalty is not imposed.
32 (B) Attempted first degree murder.
33 (C) A Class X felony.
34 (D) A violation of Section 401.1 or 407 of the
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1 Illinois Controlled Substances Act, or a violation
2 of subdivision (c)(2) of Section 401 of that Act
3 which relates to more than 5 grams of a substance
4 containing cocaine or an analog thereof.
5 (E) A violation of Section 5.1 or 9 of the
6 Cannabis Control Act.
7 (F) A Class 2 or greater felony if the
8 offender had been convicted of a Class 2 or greater
9 felony within 10 years of the date on which the
10 offender committed the offense for which he or she
11 is being sentenced, except as otherwise provided in
12 Section 40-10 of the Alcoholism and Other Drug Abuse
13 and Dependency Act.
14 (G) Residential burglary, except as otherwise
15 provided in Section 40-10 of the Alcoholism and
16 Other Drug Abuse and Dependency Act.
17 (H) Criminal sexual assault, except as
18 otherwise provided in subsection (e) of this
19 Section.
20 (I) Aggravated battery of a senior citizen.
21 (J) A forcible felony if the offense was
22 related to the activities of an organized gang.
23 Before July 1, 1994, for the purposes of this
24 paragraph, "organized gang" means an association of
25 5 or more persons, with an established hierarchy,
26 that encourages members of the association to
27 perpetrate crimes or provides support to the members
28 of the association who do commit crimes.
29 Beginning July 1, 1994, for the purposes of
30 this paragraph, "organized gang" has the meaning
31 ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (K) Vehicular hijacking.
34 (L) A second or subsequent conviction for the
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1 offense of hate crime when the underlying offense
2 upon which the hate crime is based is felony
3 aggravated assault or felony mob action.
4 (M) A second or subsequent conviction for the
5 offense of institutional vandalism if the damage to
6 the property exceeds $300.
7 (N) A Class 3 felony violation of paragraph
8 (1) of subsection (a) of Section 2 of the Firearm
9 Owners Identification Card Act.
10 (O) A violation of Section 12-6.1 of the
11 Criminal Code of 1961.
12 (P) A violation of paragraph (1), (2), (3),
13 (4), (5), or (7) of subsection (a) of Section
14 11-20.1 of the Criminal Code of 1961.
15 (Q) A violation of Section 20-1.2 of the
16 Criminal Code of 1961.
17 (R) A violation of Section 24-3A of the
18 Criminal Code of 1961.
19 (3) A minimum term of imprisonment of not less than
20 48 consecutive hours or 100 hours of community service as
21 may be determined by the court shall be imposed for a
22 second or subsequent violation committed within 5 years
23 of a previous violation of Section 11-501 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance.
25 (4) A minimum term of imprisonment of not less than
26 7 consecutive days or 30 days of community service shall
27 be imposed for a violation of paragraph (c) of Section
28 6-303 of the Illinois Vehicle Code.
29 (4.1) A minimum term of 30 consecutive days of
30 imprisonment, 40 days of 24 hour periodic imprisonment or
31 720 hours of community service, as may be determined by
32 the court, shall be imposed for a violation of Section
33 11-501 of the Illinois Vehicle Code during a period in
34 which the defendant's driving privileges are revoked or
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1 suspended, where the revocation or suspension was for a
2 violation of Section 11-501 or Section 11-501.1 of that
3 Code.
4 (5) The court may sentence an offender convicted of
5 a business offense or a petty offense or a corporation or
6 unincorporated association convicted of any offense to:
7 (A) a period of conditional discharge;
8 (B) a fine;
9 (C) make restitution to the victim under
10 Section 5-5-6 of this Code.
11 (6) In no case shall an offender be eligible for a
12 disposition of probation or conditional discharge for a
13 Class 1 felony committed while he was serving a term of
14 probation or conditional discharge for a felony.
15 (7) When a defendant is adjudged a habitual
16 criminal under Article 33B of the Criminal Code of 1961,
17 the court shall sentence the defendant to a term of
18 natural life imprisonment.
19 (8) When a defendant, over the age of 21 years, is
20 convicted of a Class 1 or Class 2 felony, after having
21 twice been convicted of any Class 2 or greater Class
22 felonies in Illinois, and such charges are separately
23 brought and tried and arise out of different series of
24 acts, such defendant shall be sentenced as a Class X
25 offender. This paragraph shall not apply unless (1) the
26 first felony was committed after the effective date of
27 this amendatory Act of 1977; and (2) the second felony
28 was committed after conviction on the first; and (3) the
29 third felony was committed after conviction on the
30 second.
31 (9) A defendant convicted of a second or subsequent
32 offense of ritualized abuse of a child may be sentenced
33 to a term of natural life imprisonment.
34 (10) When a person is convicted of violating
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1 Section 11-501 of the Illinois Vehicle Code, the
2 following penalties apply when his or her blood or breath
3 was .16 or more based on the definition of blood or
4 breath units in Section 11-501.2 or that person is
5 convicted of violating Section 11-501 of the Illinois
6 Vehicle Code while transporting a child under the age of
7 16:
8 (A) For a first violation of subsection (a) of
9 Section 11-501: a mandatory minimum of 100 hours of
10 community service and a minimum fine of $500.
11 (B) For a second violation of subsection (a)
12 of Section 11-501 within 10 years: a mandatory
13 minimum of 30 days of imprisonment or 300 hours of
14 community service, as determined by the court, and a
15 minimum fine of $1,250.
16 (C) For a third violation of subsection (a) of
17 Section 11-501 within 20 years: a mandatory minimum
18 of 90 days of imprisonment and a minimum fine of
19 $2,500.
20 (D) For a fourth or subsequent violation of
21 subsection (a) of Section 11-501: ineligibility for
22 a sentence of probation or conditional discharge and
23 a minimum fine of $2,500.
24 (d) In any case in which a sentence originally imposed
25 is vacated, the case shall be remanded to the trial court.
26 The trial court shall hold a hearing under Section 5-4-1 of
27 the Unified Code of Corrections which may include evidence of
28 the defendant's life, moral character and occupation during
29 the time since the original sentence was passed. The trial
30 court shall then impose sentence upon the defendant. The
31 trial court may impose any sentence which could have been
32 imposed at the original trial subject to Section 5-5-4 of the
33 Unified Code of Corrections.
34 (e) In cases where prosecution for criminal sexual
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1 assault or aggravated criminal sexual abuse under Section
2 12-13 or 12-16 of the Criminal Code of 1961 results in
3 conviction of a defendant who was a family member of the
4 victim at the time of the commission of the offense, the
5 court shall consider the safety and welfare of the victim and
6 may impose a sentence of probation only where:
7 (1) the court finds (A) or (B) or both are
8 appropriate:
9 (A) the defendant is willing to undergo a
10 court approved counseling program for a minimum
11 duration of 2 years; or
12 (B) the defendant is willing to participate in
13 a court approved plan including but not limited to
14 the defendant's:
15 (i) removal from the household;
16 (ii) restricted contact with the victim;
17 (iii) continued financial support of the
18 family;
19 (iv) restitution for harm done to the
20 victim; and
21 (v) compliance with any other measures
22 that the court may deem appropriate; and
23 (2) the court orders the defendant to pay for the
24 victim's counseling services, to the extent that the
25 court finds, after considering the defendant's income and
26 assets, that the defendant is financially capable of
27 paying for such services, if the victim was under 18
28 years of age at the time the offense was committed and
29 requires counseling as a result of the offense.
30 Probation may be revoked or modified pursuant to Section
31 5-6-4; except where the court determines at the hearing that
32 the defendant violated a condition of his or her probation
33 restricting contact with the victim or other family members
34 or commits another offense with the victim or other family
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1 members, the court shall revoke the defendant's probation and
2 impose a term of imprisonment.
3 For the purposes of this Section, "family member" and
4 "victim" shall have the meanings ascribed to them in Section
5 12-12 of the Criminal Code of 1961.
6 (f) This Article shall not deprive a court in other
7 proceedings to order a forfeiture of property, to suspend or
8 cancel a license, to remove a person from office, or to
9 impose any other civil penalty.
10 (g) Whenever a defendant is convicted of an offense
11 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
12 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
13 12-15 or 12-16 of the Criminal Code of 1961, the defendant
14 shall undergo medical testing to determine whether the
15 defendant has any sexually transmissible disease, including a
16 test for infection with human immunodeficiency virus (HIV) or
17 any other identified causative agent of acquired
18 immunodeficiency syndrome (AIDS). Any such medical test
19 shall be performed only by appropriately licensed medical
20 practitioners and may include an analysis of any bodily
21 fluids as well as an examination of the defendant's person.
22 Except as otherwise provided by law, the results of such test
23 shall be kept strictly confidential by all medical personnel
24 involved in the testing and must be personally delivered in a
25 sealed envelope to the judge of the court in which the
26 conviction was entered for the judge's inspection in camera.
27 Acting in accordance with the best interests of the victim
28 and the public, the judge shall have the discretion to
29 determine to whom, if anyone, the results of the testing may
30 be revealed. The court shall notify the defendant of the test
31 results. The court shall also notify the victim if requested
32 by the victim, and if the victim is under the age of 15 and
33 if requested by the victim's parents or legal guardian, the
34 court shall notify the victim's parents or legal guardian of
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1 the test results. The court shall provide information on the
2 availability of HIV testing and counseling at Department of
3 Public Health facilities to all parties to whom the results
4 of the testing are revealed and shall direct the State's
5 Attorney to provide the information to the victim when
6 possible. A State's Attorney may petition the court to obtain
7 the results of any HIV test administered under this Section,
8 and the court shall grant the disclosure if the State's
9 Attorney shows it is relevant in order to prosecute a charge
10 of criminal transmission of HIV under Section 12-16.2 of the
11 Criminal Code of 1961 against the defendant. The court shall
12 order that the cost of any such test shall be paid by the
13 county and may be taxed as costs against the convicted
14 defendant.
15 (g-5) When an inmate is tested for an airborne
16 communicable disease, as determined by the Illinois
17 Department of Public Health including but not limited to
18 tuberculosis, the results of the test shall be personally
19 delivered by the warden or his or her designee in a sealed
20 envelope to the judge of the court in which the inmate must
21 appear for the judge's inspection in camera if requested by
22 the judge. Acting in accordance with the best interests of
23 those in the courtroom, the judge shall have the discretion
24 to determine what if any precautions need to be taken to
25 prevent transmission of the disease in the courtroom.
26 (h) Whenever a defendant is convicted of an offense
27 under Section 1 or 2 of the Hypodermic Syringes and Needles
28 Act, the defendant shall undergo medical testing to determine
29 whether the defendant has been exposed to human
30 immunodeficiency virus (HIV) or any other identified
31 causative agent of acquired immunodeficiency syndrome (AIDS).
32 Except as otherwise provided by law, the results of such test
33 shall be kept strictly confidential by all medical personnel
34 involved in the testing and must be personally delivered in a
HB2265 Engrossed -49- LRB9206515ARsb
1 sealed envelope to the judge of the court in which the
2 conviction was entered for the judge's inspection in camera.
3 Acting in accordance with the best interests of the public,
4 the judge shall have the discretion to determine to whom, if
5 anyone, the results of the testing may be revealed. The court
6 shall notify the defendant of a positive test showing an
7 infection with the human immunodeficiency virus (HIV). The
8 court shall provide information on the availability of HIV
9 testing and counseling at Department of Public Health
10 facilities to all parties to whom the results of the testing
11 are revealed and shall direct the State's Attorney to provide
12 the information to the victim when possible. A State's
13 Attorney may petition the court to obtain the results of any
14 HIV test administered under this Section, and the court
15 shall grant the disclosure if the State's Attorney shows it
16 is relevant in order to prosecute a charge of criminal
17 transmission of HIV under Section 12-16.2 of the Criminal
18 Code of 1961 against the defendant. The court shall order
19 that the cost of any such test shall be paid by the county
20 and may be taxed as costs against the convicted defendant.
21 (i) All fines and penalties imposed under this Section
22 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
23 Vehicle Code, or a similar provision of a local ordinance,
24 and any violation of the Child Passenger Protection Act, or a
25 similar provision of a local ordinance, shall be collected
26 and disbursed by the circuit clerk as provided under Section
27 27.5 of the Clerks of Courts Act.
28 (j) In cases when prosecution for any violation of
29 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
30 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
31 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
32 12-16 of the Criminal Code of 1961, any violation of the
33 Illinois Controlled Substances Act, or any violation of the
34 Cannabis Control Act results in conviction, a disposition of
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1 court supervision, or an order of probation granted under
2 Section 10 of the Cannabis Control Act or Section 410 of the
3 Illinois Controlled Substance Act of a defendant, the court
4 shall determine whether the defendant is employed by a
5 facility or center as defined under the Child Care Act of
6 1969, a public or private elementary or secondary school, or
7 otherwise works with children under 18 years of age on a
8 daily basis. When a defendant is so employed, the court
9 shall order the Clerk of the Court to send a copy of the
10 judgment of conviction or order of supervision or probation
11 to the defendant's employer by certified mail. If the
12 employer of the defendant is a school, the Clerk of the Court
13 shall direct the mailing of a copy of the judgment of
14 conviction or order of supervision or probation to the
15 appropriate regional superintendent of schools. The regional
16 superintendent of schools shall notify the State Board of
17 Education of any notification under this subsection.
18 (j-5) A defendant at least 17 years of age who is
19 convicted of a felony and who has not been previously
20 convicted of a misdemeanor or felony and who is sentenced to
21 a term of imprisonment in the Illinois Department of
22 Corrections shall as a condition of his or her sentence be
23 required by the court to attend educational courses designed
24 to prepare the defendant for a high school diploma and to
25 work toward a high school diploma or to work toward passing
26 the high school level Test of General Educational Development
27 (GED) or to work toward completing a vocational training
28 program offered by the Department of Corrections. If a
29 defendant fails to complete the educational training required
30 by his or her sentence during the term of incarceration, the
31 Prisoner Review Board shall, as a condition of mandatory
32 supervised release, require the defendant, at his or her own
33 expense, to pursue a course of study toward a high school
34 diploma or passage of the GED test. The Prisoner Review
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1 Board shall revoke the mandatory supervised release of a
2 defendant who wilfully fails to comply with this subsection
3 (j-5) upon his or her release from confinement in a penal
4 institution while serving a mandatory supervised release
5 term; however, the inability of the defendant after making a
6 good faith effort to obtain financial aid or pay for the
7 educational training shall not be deemed a wilful failure to
8 comply. The Prisoner Review Board shall recommit the
9 defendant whose mandatory supervised release term has been
10 revoked under this subsection (j-5) as provided in Section
11 3-3-9. This subsection (j-5) does not apply to a defendant
12 who has a high school diploma or has successfully passed the
13 GED test. This subsection (j-5) does not apply to a defendant
14 who is determined by the court to be developmentally disabled
15 or otherwise mentally incapable of completing the educational
16 or vocational program.
17 (k) A court may not impose a sentence or disposition for
18 a felony or misdemeanor that requires the defendant to be
19 implanted or injected with or to use any form of birth
20 control.
21 (l) (A) Except as provided in paragraph (C) of
22 subsection (l), whenever a defendant, who is an alien as
23 defined by the Immigration and Nationality Act, is
24 convicted of any felony or misdemeanor offense, the court
25 after sentencing the defendant may, upon motion of the
26 State's Attorney, hold sentence in abeyance and remand
27 the defendant to the custody of the Attorney General of
28 the United States or his or her designated agent to be
29 deported when:
30 (1) a final order of deportation has been
31 issued against the defendant pursuant to proceedings
32 under the Immigration and Nationality Act, and
33 (2) the deportation of the defendant would not
34 deprecate the seriousness of the defendant's conduct
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1 and would not be inconsistent with the ends of
2 justice.
3 Otherwise, the defendant shall be sentenced as
4 provided in this Chapter V.
5 (B) If the defendant has already been sentenced for
6 a felony or misdemeanor offense, or has been placed on
7 probation under Section 10 of the Cannabis Control Act or
8 Section 410 of the Illinois Controlled Substances Act,
9 the court may, upon motion of the State's Attorney to
10 suspend the sentence imposed, commit the defendant to the
11 custody of the Attorney General of the United States or
12 his or her designated agent when:
13 (1) a final order of deportation has been
14 issued against the defendant pursuant to proceedings
15 under the Immigration and Nationality Act, and
16 (2) the deportation of the defendant would not
17 deprecate the seriousness of the defendant's conduct
18 and would not be inconsistent with the ends of
19 justice.
20 (C) This subsection (l) does not apply to offenders
21 who are subject to the provisions of paragraph (2) of
22 subsection (a) of Section 3-6-3.
23 (D) Upon motion of the State's Attorney, if a
24 defendant sentenced under this Section returns to the
25 jurisdiction of the United States, the defendant shall be
26 recommitted to the custody of the county from which he or
27 she was sentenced. Thereafter, the defendant shall be
28 brought before the sentencing court, which may impose any
29 sentence that was available under Section 5-5-3 at the
30 time of initial sentencing. In addition, the defendant
31 shall not be eligible for additional good conduct credit
32 for meritorious service as provided under Section 3-6-6.
33 (m) A person convicted of criminal defacement of
34 property under Section 21-1.3 of the Criminal Code of 1961,
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1 in which the property damage exceeds $300 and the property
2 damaged is a school building, shall be ordered to perform
3 community service that may include cleanup, removal, or
4 painting over the defacement.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
8 12-22-99; 91-695, eff. 4-13-00.)
9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
10 Sec. 5-6-3. Conditions of Probation and of Conditional
11 Discharge.
12 (a) The conditions of probation and of conditional
13 discharge shall be that the person:
14 (1) not violate any criminal statute of any
15 jurisdiction;
16 (2) report to or appear in person before such
17 person or agency as directed by the court;
18 (3) refrain from possessing a firearm or other
19 dangerous weapon;
20 (4) not leave the State without the consent of the
21 court or, in circumstances in which the reason for the
22 absence is of such an emergency nature that prior consent
23 by the court is not possible, without the prior
24 notification and approval of the person's probation
25 officer;
26 (5) permit the probation officer to visit him at
27 his home or elsewhere to the extent necessary to
28 discharge his duties;
29 (6) perform no less than 30 hours of community
30 service and not more than 120 hours of community service,
31 if community service is available in the jurisdiction and
32 is funded and approved by the county board where the
33 offense was committed, where the offense was related to
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1 or in furtherance of the criminal activities of an
2 organized gang and was motivated by the offender's
3 membership in or allegiance to an organized gang. The
4 community service shall include, but not be limited to,
5 the cleanup and repair of any damage caused by a
6 violation of Section 21-1.3 of the Criminal Code of 1961
7 and similar damage to property located within the
8 municipality or county in which the violation occurred.
9 When possible and reasonable, the community service
10 should be performed in the offender's neighborhood. For
11 purposes of this Section, "organized gang" has the
12 meaning ascribed to it in Section 10 of the Illinois
13 Streetgang Terrorism Omnibus Prevention Act;
14 (7) if he or she is at least 17 years of age and
15 has been sentenced to probation or conditional discharge
16 for a misdemeanor or felony in a county of 3,000,000 or
17 more inhabitants and has not been previously convicted of
18 a misdemeanor or felony, may be required by the
19 sentencing court to attend educational courses designed
20 to prepare the defendant for a high school diploma and to
21 work toward a high school diploma or to work toward
22 passing the high school level Test of General Educational
23 Development (GED) or to work toward completing a
24 vocational training program approved by the court. The
25 person on probation or conditional discharge must attend
26 a public institution of education to obtain the
27 educational or vocational training required by this
28 clause (7). The court shall revoke the probation or
29 conditional discharge of a person who wilfully fails to
30 comply with this clause (7). The person on probation or
31 conditional discharge shall be required to pay for the
32 cost of the educational courses or GED test, if a fee is
33 charged for those courses or test. The court shall
34 resentence the offender whose probation or conditional
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1 discharge has been revoked as provided in Section 5-6-4.
2 This clause (7) does not apply to a person who has a high
3 school diploma or has successfully passed the GED test.
4 This clause (7) does not apply to a person who is
5 determined by the court to be developmentally disabled or
6 otherwise mentally incapable of completing the
7 educational or vocational program; and
8 (8) if convicted of possession of a substance
9 prohibited by the Cannabis Control Act or Illinois
10 Controlled Substances Act after a previous conviction or
11 disposition of supervision for possession of a substance
12 prohibited by the Cannabis Control Act or Illinois
13 Controlled Substances Act or after a sentence of
14 probation under Section 10 of the Cannabis Control Act or
15 Section 410 of the Illinois Controlled Substances Act and
16 upon a finding by the court that the person is addicted,
17 undergo treatment at a substance abuse program approved
18 by the court.
19 (b) The Court may in addition to other reasonable
20 conditions relating to the nature of the offense or the
21 rehabilitation of the defendant as determined for each
22 defendant in the proper discretion of the Court require that
23 the person:
24 (1) serve a term of periodic imprisonment under
25 Article 7 for a period not to exceed that specified in
26 paragraph (d) of Section 5-7-1;
27 (2) pay a fine and costs;
28 (3) work or pursue a course of study or vocational
29 training;
30 (4) undergo medical, psychological or psychiatric
31 treatment; or treatment for drug addiction or alcoholism;
32 (5) attend or reside in a facility established for
33 the instruction or residence of defendants on probation;
34 (6) support his dependents;
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1 (7) and in addition, if a minor:
2 (i) reside with his parents or in a foster
3 home;
4 (ii) attend school;
5 (iii) attend a non-residential program for
6 youth;
7 (iv) contribute to his own support at home or
8 in a foster home;
9 (8) make restitution as provided in Section 5-5-6
10 of this Code;
11 (9) perform some reasonable public or community
12 service;
13 (10) serve a term of home confinement. In addition
14 to any other applicable condition of probation or
15 conditional discharge, the conditions of home confinement
16 shall be that the offender:
17 (i) remain within the interior premises of the
18 place designated for his confinement during the
19 hours designated by the court;
20 (ii) admit any person or agent designated by
21 the court into the offender's place of confinement
22 at any time for purposes of verifying the offender's
23 compliance with the conditions of his confinement;
24 and
25 (iii) if further deemed necessary by the court
26 or the Probation or Court Services Department, be
27 placed on an approved electronic monitoring device,
28 subject to Article 8A of Chapter V;
29 (iv) for persons convicted of any alcohol,
30 cannabis or controlled substance violation who are
31 placed on an approved monitoring device as a
32 condition of probation or conditional discharge, the
33 court shall impose a reasonable fee for each day of
34 the use of the device, as established by the county
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1 board in subsection (g) of this Section, unless
2 after determining the inability of the offender to
3 pay the fee, the court assesses a lesser fee or no
4 fee as the case may be. This fee shall be imposed in
5 addition to the fees imposed under subsections (g)
6 and (i) of this Section. The fee shall be collected
7 by the clerk of the circuit court. The clerk of the
8 circuit court shall pay all monies collected from
9 this fee to the county treasurer for deposit in the
10 substance abuse services fund under Section 5-1086.1
11 of the Counties Code; and
12 (v) for persons convicted of offenses other
13 than those referenced in clause (iv) above and who
14 are placed on an approved monitoring device as a
15 condition of probation or conditional discharge, the
16 court shall impose a reasonable fee for each day of
17 the use of the device, as established by the county
18 board in subsection (g) of this Section, unless
19 after determining the inability of the defendant to
20 pay the fee, the court assesses a lesser fee or no
21 fee as the case may be. This fee shall be imposed
22 in addition to the fees imposed under subsections
23 (g) and (i) of this Section. The fee shall be
24 collected by the clerk of the circuit court. The
25 clerk of the circuit court shall pay all monies
26 collected from this fee to the county treasurer who
27 shall use the monies collected to defray the costs
28 of corrections. The county treasurer shall deposit
29 the fee collected in the county working cash fund
30 under Section 6-27001 or Section 6-29002 of the
31 Counties Code, as the case may be.
32 (11) comply with the terms and conditions of an
33 order of protection issued by the court pursuant to the
34 Illinois Domestic Violence Act of 1986, as now or
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1 hereafter amended, or an order of protection issued by
2 the court of another state, tribe, or United States
3 territory. A copy of the order of protection shall be
4 transmitted to the probation officer or agency having
5 responsibility for the case;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer, if the defendant has been placed on
23 probation or advance approval by the court, if the
24 defendant was placed on conditional discharge;
25 (15) refrain from having any contact, directly or
26 indirectly, with certain specified persons or particular
27 types of persons, including but not limited to members of
28 street gangs and drug users or dealers;
29 (16) refrain from having in his or her body the
30 presence of any illicit drug prohibited by the Cannabis
31 Control Act or the Illinois Controlled Substances Act,
32 unless prescribed by a physician, and submit samples of
33 his or her blood or urine or both for tests to determine
34 the presence of any illicit drug.
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1 (c) The court may as a condition of probation or of
2 conditional discharge require that a person under 18 years of
3 age found guilty of any alcohol, cannabis or controlled
4 substance violation, refrain from acquiring a driver's
5 license during the period of probation or conditional
6 discharge. If such person is in possession of a permit or
7 license, the court may require that the minor refrain from
8 driving or operating any motor vehicle during the period of
9 probation or conditional discharge, except as may be
10 necessary in the course of the minor's lawful employment.
11 (d) An offender sentenced to probation or to conditional
12 discharge shall be given a certificate setting forth the
13 conditions thereof.
14 (e) The court shall not require as a condition of the
15 sentence of probation or conditional discharge that the
16 offender be committed to a period of imprisonment in excess
17 of 6 months. This 6 month limit shall not include periods of
18 confinement given pursuant to a sentence of county impact
19 incarceration under Section 5-8-1.2. This 6 month limit does
20 not apply to a person sentenced to probation for a fourth or
21 subsequent violation of subsection (c-4) of Section 11-501 of
22 the Illinois Vehicle Code.
23 Persons committed to imprisonment as a condition of
24 probation or conditional discharge shall not be committed to
25 the Department of Corrections.
26 (f) The court may combine a sentence of periodic
27 imprisonment under Article 7 or a sentence to a county impact
28 incarceration program under Article 8 with a sentence of
29 probation or conditional discharge.
30 (g) An offender sentenced to probation or to conditional
31 discharge and who during the term of either undergoes
32 mandatory drug or alcohol testing, or both, or is assigned to
33 be placed on an approved electronic monitoring device, shall
34 be ordered to pay all costs incidental to such mandatory drug
HB2265 Engrossed -60- LRB9206515ARsb
1 or alcohol testing, or both, and all costs incidental to such
2 approved electronic monitoring in accordance with the
3 defendant's ability to pay those costs. The county board
4 with the concurrence of the Chief Judge of the judicial
5 circuit in which the county is located shall establish
6 reasonable fees for the cost of maintenance, testing, and
7 incidental expenses related to the mandatory drug or alcohol
8 testing, or both, and all costs incidental to approved
9 electronic monitoring, involved in a successful probation
10 program for the county. The concurrence of the Chief Judge
11 shall be in the form of an administrative order. The fees
12 shall be collected by the clerk of the circuit court. The
13 clerk of the circuit court shall pay all moneys collected
14 from these fees to the county treasurer who shall use the
15 moneys collected to defray the costs of drug testing, alcohol
16 testing, and electronic monitoring. The county treasurer
17 shall deposit the fees collected in the county working cash
18 fund under Section 6-27001 or Section 6-29002 of the Counties
19 Code, as the case may be.
20 (h) Jurisdiction over an offender may be transferred
21 from the sentencing court to the court of another circuit
22 with the concurrence of both courts, or to another state
23 under an Interstate Probation Reciprocal Agreement as
24 provided in Section 3-3-11. Further transfers or retransfers
25 of jurisdiction are also authorized in the same manner. The
26 court to which jurisdiction has been transferred shall have
27 the same powers as the sentencing court.
28 (i) The court shall impose upon an offender sentenced to
29 probation after January 1, 1989 or to conditional discharge
30 after January 1, 1992, as a condition of such probation or
31 conditional discharge, a fee of $25 for each month of
32 probation or conditional discharge supervision ordered by the
33 court, unless after determining the inability of the person
34 sentenced to probation or conditional discharge to pay the
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1 fee, the court assesses a lesser fee. The court may not
2 impose the fee on a minor who is made a ward of the State
3 under the Juvenile Court Act of 1987 while the minor is in
4 placement. The fee shall be imposed only upon an offender who
5 is actively supervised by the probation and court services
6 department. The fee shall be collected by the clerk of the
7 circuit court. The clerk of the circuit court shall pay all
8 monies collected from this fee to the county treasurer for
9 deposit in the probation and court services fund under
10 Section 15.1 of the Probation and Probation Officers Act.
11 (j) All fines and costs imposed under this Section for
12 any violation of Chapters 3, 4, 6, and 11 of the Illinois
13 Vehicle Code, or a similar provision of a local ordinance,
14 and any violation of the Child Passenger Protection Act, or a
15 similar provision of a local ordinance, shall be collected
16 and disbursed by the circuit clerk as provided under Section
17 27.5 of the Clerks of Courts Act.
18 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
19 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
20 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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