Public Act 093-0667
 		





HB0719 Enrolled
LRB093 05822 DRH 05915 b






    AN ACT concerning the Secretary of State. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5.  The Illinois Identification Card Act is amended 
by changing
Section 14 as follows:


 



    (15 ILCS 335/14)
  (from Ch. 124, par. 34)



    Sec. 14. Unlawful use of identification  card. 

    (a) It is a violation of this Section for any person:


        1. To possess, display, or cause to be displayed
any 
cancelled or revoked identification card;


        2. To display or represent as the person's own any

identification
card issued to another;


        3. To allow any unlawful use of an identification card

issued to the person;


        4. To lend an identification card  to
another or 
knowingly allow the use
thereof by another;


        5. To fail or refuse to surrender to the Secretary of 
State, the
Secretary's agent or any peace officer upon 
lawful demand, any
identification card
which has
been 
revoked or cancelled;

        6. To possess, use, or allow to be used any materials, 
hardware, or
software specifically designed for or 
primarily used in the manufacture,
assembly,
issuance, or 
authentication of an official Illinois Identification Card 
or
Illinois
Disabled Person Identification Card issued by 
the Secretary of State.

    (a-5) As used in this Section "identification card" means 
any document
made or issued by or under the authority of the 
United States Government, the
State of Illinois or any other 
State or political subdivision thereof, or any
governmental or 
quasi-governmental organization that, when completed with

information concerning the individual, is of a type intended or 
commonly
accepted for the purpose of identifying the 
individual.

    (b) Sentence.


        1. Any person convicted of a violation of this Section 
shall be guilty
of a Class A misdemeanor and shall be 
sentenced to a minimum fine of $500 or
50 hours of 
community service, preferably at an alcohol abuse 
prevention
program, if available.


        2. A person convicted of a second or subsequent 
violation of this
Section shall be guilty of a Class 4 
felony.

    (c) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement or other activity 
of any agency
of the United States, State of Illinois or any 
other state or political
subdivision thereof.

(Source: P.A. 88-210; 89-283, eff. 1-1-96.)



 
    Section 10.  The Illinois Vehicle Code is amended by 
changing
Sections 6-206, 6-301.2, and 6-521 as follows:


 



    (625 ILCS 5/6-206)
  (from Ch. 95 1/2, par. 6-206)



    Sec. 6-206. Discretionary authority to suspend or revoke 
license or
permit; Right to a hearing.

    (a) The Secretary of State is authorized to suspend or 
revoke the
driving privileges of any person without preliminary 
hearing upon a showing
of the person's records or other 
sufficient evidence that
the person:


        1. Has committed an offense for which mandatory 
revocation of
a driver's license or permit is required upon 
conviction;


        2. Has been convicted of not less than 3 offenses 
against traffic
regulations governing the movement of 
vehicles committed within any 12
month period.  No 
revocation or suspension shall be entered more than
6 
months after the date of last conviction;


        3. Has been repeatedly involved as a driver in motor 
vehicle
collisions or has been repeatedly convicted of 
offenses against laws and
ordinances regulating the 
movement of traffic, to a degree that
indicates lack of 
ability to exercise ordinary and reasonable care in
the 
safe operation of a motor vehicle or disrespect for the 
traffic laws
and the safety of other persons upon the 
highway;


        4. Has by the unlawful operation of a motor vehicle 
caused or
contributed to an accident resulting in death or 
injury requiring
immediate professional treatment in a 
medical facility or doctor's office
to any person, except 
that any suspension or revocation imposed by the
Secretary 
of State under the provisions of this subsection shall 
start no
later than 6 months after being convicted of 
violating a law or
ordinance regulating the movement of 
traffic, which violation is related
to the accident, or 
shall start not more than one year
after
the date of the 
accident, whichever date occurs later;


        5. Has permitted an unlawful or fraudulent use of a 
driver's
license, identification card, or permit;


        6. Has been lawfully convicted of an offense or 
offenses in another
state, including the authorization 
contained in Section 6-203.1, which
if committed within 
this State would be grounds for suspension or revocation;


        7. Has refused or failed to submit to an examination 
provided for by
Section 6-207 or has failed to pass the 
examination;


        8. Is ineligible for a driver's license or permit under 
the provisions
of Section 6-103;


        9. Has made a false statement or knowingly concealed a 
material fact
or has used false information or 
identification in any application for a
license, 
identification card, or permit;


        10. Has possessed, displayed, or attempted to 
fraudulently use any
license, identification card, or 
permit not issued to the person;


        11. Has operated a motor vehicle upon a highway of this 
State when
the person's driving privilege or privilege to 
obtain a driver's license
or permit was revoked or 
suspended unless the operation was authorized by
a judicial 
driving permit, probationary license to drive, or a 
restricted
driving permit issued under this Code;


        12. Has submitted to any portion of the application 
process for
another person or has obtained the services of 
another person to submit to
any portion of the application 
process for the purpose of obtaining a
license, 
identification card, or permit for some other person;


        13. Has operated a motor vehicle upon a highway of this 
State when
the person's driver's license or permit was 
invalid under the provisions of
Sections 6-107.1 and
6-110;


        14. Has committed a violation of Section 6-301, 
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
of the Illinois Identification Card
Act;


        15. Has been convicted of violating Section 21-2 of the 
Criminal Code
of 1961 relating to criminal trespass to 
vehicles in which case, the suspension
shall be for one 
year;


        16. Has been convicted of violating Section 11-204 of 
this Code relating
to fleeing from a police officer;


        17. Has refused to submit to a test, or tests, as 
required under Section
11-501.1 of this Code and the person 
has not sought a hearing as
provided for in Section 
11-501.1;


        18. Has, since issuance of a driver's license or 
permit, been adjudged
to be afflicted with or suffering 
from any mental disability or disease;


        19. Has committed a violation of paragraph (a) or (b) 
of Section 6-101
relating to driving without a driver's 
license;


        20. Has been convicted of violating Section 6-104 
relating to
classification of driver's license;


        21. Has been convicted of violating Section 11-402 of

this Code relating to leaving the scene of an accident 
resulting in damage
to a vehicle in excess of $1,000, in 
which case the suspension shall be
for one year;


        22. Has used a motor vehicle in violating paragraph 
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
the Criminal Code of 1961 relating
to unlawful use of 
weapons, in which case the suspension shall be for one

year;


        23. Has, as a driver, been convicted of committing a 
violation of
paragraph (a) of Section 11-502 of this Code 
for a second or subsequent
time within one year of a 
similar violation;


        24. Has been convicted by a court-martial or punished 
by non-judicial
punishment by military authorities of the 
United States at a military
installation in Illinois of or 
for a traffic related offense that is the
same as or 
similar to an offense specified under Section 6-205 or 
6-206 of
this Code;


        25. Has permitted any form of identification to be used 
by another in
the application process in order to obtain or 
attempt to obtain a license,
identification card, or 
permit;


        26. Has altered or attempted to alter a license or has 
possessed an
altered license, identification card, or 
permit;


        27. Has violated Section 6-16 of the Liquor Control Act 
of 1934;


        28. Has been convicted of the illegal possession, while 
operating or
in actual physical control, as a driver, of a 
motor vehicle, of any
controlled substance prohibited 
under the Illinois Controlled Substances
Act or any 
cannabis prohibited under the provisions of the Cannabis 
Control
Act, in which case the person's driving privileges 
shall be suspended for
one year, and any driver who is 
convicted of a second or subsequent
offense, within 5 years 
of a previous conviction, for the illegal
possession, while 
operating or in actual physical control, as a driver, of
a 
motor vehicle, of any controlled substance prohibited 
under the
provisions of the Illinois Controlled Substances 
Act or any cannabis
prohibited under the Cannabis Control 
Act shall be suspended for 5 years.
Any defendant found 
guilty of this offense while operating a motor vehicle,

shall have an entry made in the court record by the 
presiding judge that
this offense did occur while the 
defendant was operating a motor vehicle
and order the clerk 
of the court to report the violation to the Secretary
of 
State;


        29. Has been convicted of the following offenses that 
were committed
while the person was operating or in actual 
physical control, as a driver,
of a motor vehicle: criminal 
sexual assault,
predatory criminal sexual assault of a 
child,
aggravated criminal sexual
assault, criminal sexual 
abuse, aggravated criminal sexual abuse, juvenile
pimping, 
soliciting for a juvenile prostitute and the manufacture, 
sale or
delivery of controlled substances or instruments 
used for illegal drug use
or abuse in which case the 
driver's driving privileges shall be suspended
for one 
year;


        30. Has been convicted a second or subsequent time for 
any
combination of the offenses named in paragraph 29 of 
this subsection,
in which case the person's driving 
privileges shall be suspended for 5
years;


        31. Has refused to submit to a test as
required by 
Section 11-501.6 or has submitted to a test resulting in
an 
alcohol concentration of 0.08 or more or any amount of a 
drug, substance, or
compound resulting from the unlawful 
use or consumption of cannabis as listed
in the Cannabis 
Control Act, a controlled substance as listed in the 
Illinois
Controlled Substances Act, or an intoxicating 
compound as listed in the Use of
Intoxicating Compounds 
Act, in which case the penalty shall be
as prescribed in 
Section 6-208.1;


        32. Has been convicted of Section 24-1.2 of the 
Criminal Code of
1961 relating to the aggravated discharge 
of a firearm if the offender was
located in a motor vehicle 
at the time the firearm was discharged, in which
case the 
suspension shall be for 3 years;


        33. Has as  a driver, who was less than 21 years of age 
on the date of
the offense, been convicted a first time of 
a violation of paragraph (a) of
Section 11-502 of this Code 
or a similar provision of a local ordinance;


        34. Has committed a violation of Section 11-1301.5 of 
this Code;


        35. Has committed a violation of Section 11-1301.6 of 
this Code;


        36. Is under the age of 21 years at the time of arrest 
and has been
convicted of not less than 2 offenses against 
traffic regulations governing
the movement of vehicles 
committed within any 24 month period.  No revocation
or 
suspension shall be entered more than 6 months after the 
date of last
conviction;


        37. Has committed a violation of subsection (c) of 
Section 11-907 of this
Code; or


        38. Has been convicted of a violation of Section 6-20 
of the Liquor
Control Act of 1934 or a similar provision of 
a local ordinance; or.


        39.
38. Has committed a second or subsequent violation 
of Section
11-1201 of this Code; or

        40. Has committed a violation of subsection (a-1) of 
Section 11-908 of
this Code.

    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
and 27 of this
subsection, license means any driver's license, 
any traffic ticket issued when
the person's driver's license is 
deposited in lieu of bail, a suspension
notice issued by the 
Secretary of State, a duplicate or corrected driver's
license, 
a probationary driver's license or a temporary driver's 
license.

    (b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the 
order of suspension
or revocation, as the case may be, provided 
that a certified copy of a stay
order of a court is filed with 
the Secretary of State.  If the conviction is
affirmed on 
appeal, the date of the conviction shall relate back to the 
time
the original judgment of conviction was entered and the 6 
month limitation
prescribed shall not apply.


     (c) 1. Upon suspending or revoking the driver's license or 
permit of
any person as authorized in this Section, the 
Secretary of State shall
immediately notify the person in 
writing of the revocation or suspension.
The notice to be 
deposited in the United States mail, postage prepaid,
to 
the last known address of the person.


        2. If the Secretary of State suspends the driver's 
license
of a person under subsection 2 of paragraph (a) of 
this Section, a
person's privilege to operate a vehicle as 
an occupation shall not be
suspended, provided an affidavit 
is properly completed, the appropriate fee
received, and a 
permit issued prior to the effective date of the

suspension, unless 5 offenses were committed, at least 2 of 
which occurred
while operating a commercial vehicle in 
connection with the driver's
regular occupation. All other 
driving privileges shall be suspended by the
Secretary of 
State. Any driver prior to operating a vehicle for

occupational purposes only must submit the affidavit on 
forms to be
provided by the Secretary of State setting 
forth the facts of the person's
occupation.  The affidavit 
shall also state the number of offenses
committed while 
operating a vehicle in connection with the driver's regular

occupation. The affidavit shall be accompanied by the 
driver's license.
Upon receipt of a properly completed 
affidavit, the Secretary of State
shall issue the driver a 
permit to operate a vehicle in connection with the
driver's 
regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the 
privilege to drive
any motor vehicle shall be suspended as 
set forth in the notice that was
mailed under this Section. 
If an affidavit is received subsequent to the
effective 
date of this suspension, a permit may be issued for the 
remainder
of the suspension period.


        The provisions of this subparagraph shall not apply to 
any driver
required to obtain a commercial driver's license 
under Section 6-507 during
the period of a disqualification 
of commercial driving privileges under
Section 6-514.


        Any person who falsely states any fact in the affidavit 
required
herein shall be guilty of perjury under Section 
6-302 and upon conviction
thereof shall have all driving 
privileges revoked without further rights.


        3. At the conclusion of a hearing under Section 2-118 
of this Code,
the Secretary of State shall either rescind 
or continue an order of
revocation or shall substitute an 
order of suspension; or, good
cause appearing therefor, 
rescind, continue, change, or extend the
order of 
suspension.  If the Secretary of State does not rescind the 
order,
the Secretary may upon application,
to relieve undue 
hardship, issue
a restricted driving permit granting the 
privilege of driving a motor
vehicle between the 
petitioner's residence and petitioner's place of

employment or within the scope of his employment related 
duties, or to
allow transportation for the petitioner, or a 
household member of the
petitioner's family, to receive 
necessary medical care and if the
professional evaluation 
indicates, provide transportation for alcohol
remedial or 
rehabilitative activity, or for the petitioner to attend

classes, as a student, in an accredited educational 
institution; if the
petitioner is able to demonstrate that 
no alternative means of
transportation is reasonably 
available and the petitioner will not endanger
the public 
safety or welfare.


        If a person's license or permit has been revoked or 
suspended due to 2
or more convictions of violating Section 
11-501 of this Code or a similar
provision of a local 
ordinance or a similar out-of-state offense, arising out
of 
separate occurrences, that person, if issued a restricted 
driving permit,
may not operate a vehicle unless it has 
been equipped with an ignition
interlock device as defined 
in Section 1-129.1.


        If a person's license or permit has been revoked or 
suspended 2 or more
times within a 10 year period due to a 
single conviction of violating Section
11-501 of this Code 
or a similar provision of a local ordinance or a similar

out-of-state offense, and a statutory summary suspension 
under Section
11-501.1, or 2 or more statutory summary 
suspensions, or combination of 2
offenses, or of an offense 
and a statutory summary suspension, arising out of
separate 
occurrences, that person, if issued a restricted driving 
permit, may
not operate a vehicle unless it has been

equipped with an ignition interlock device as defined in 
Section 1-129.1.
The person must pay to the Secretary of 
State DUI Administration Fund an amount
not to exceed $20 
per month.  The Secretary shall establish by rule the amount

and the procedures, terms, and conditions relating to these 
fees.  If the
restricted driving permit was issued for 
employment purposes, then this
provision does not apply to 
the operation of an occupational vehicle owned or
leased by 
that person's employer.  In each case the Secretary may 
issue a
restricted driving permit for a period deemed 
appropriate, except that all
permits shall expire within 
one year from the date of issuance.  The Secretary
may not, 
however, issue a restricted driving permit to any person 
whose current
revocation is the result of a second or 
subsequent conviction for a violation
of Section 11-501 of 
this Code or a similar provision of a local ordinance

relating to the offense of operating or being in physical 
control of a motor
vehicle while under the influence of 
alcohol, other drug or drugs, intoxicating
compound or 
compounds, or any similar out-of-state offense, or any 
combination
of those offenses, until the expiration of at 
least one year from the date of
the revocation.  A

restricted driving permit issued under this Section shall 
be subject to
cancellation, revocation, and suspension by 
the Secretary of State in like
manner and for like cause as 
a driver's license issued under this Code may be
cancelled, 
revoked, or suspended; except that a conviction upon one or 
more
offenses against laws or ordinances regulating the 
movement of traffic
shall be deemed sufficient cause for 
the revocation, suspension, or
cancellation of a 
restricted driving permit.  The Secretary of State may, as
a 
condition to the issuance of a restricted driving permit, 
require the
applicant to participate in a designated driver 
remedial or rehabilitative
program.  The Secretary of State 
is authorized to cancel a restricted
driving permit if the 
permit holder does not successfully complete the program.

    (c-5) The Secretary of State may, as a condition of the 
reissuance of a
driver's license or permit to an applicant 
whose driver's license or permit has
been suspended before he 
or she reached the age of 18 years pursuant to any of
the 
provisions of this Section, require the applicant to 
participate in a
driver remedial education course and be 
retested under Section 6-109 of this
Code.

    (d) This Section is subject to the provisions of the 
Drivers License
Compact.

    (e) The Secretary of State shall not issue a restricted 
driving permit to
a person under the age of 16 years whose 
driving privileges have been suspended
or revoked under any 
provisions of this Code.

(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 
92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. 
1-1-03; 92-814, eff. 1-1-03;
revised 8-26-02.)


 



    (625 ILCS 5/6-301.2)
  (from Ch. 95 1/2, par. 6-301.2)



    Sec. 6-301.2. Fraudulent driver's license or permit. 

    (a) (Blank).

    (b) It is a violation of this Section for any person:


        1. To knowingly possess any fraudulent driver's 
license or permit;


        2. To knowingly possess, display or cause to be 
displayed any
fraudulent driver's license or permit for the 
purpose of obtaining any
account, credit, credit card or 
debit card from a bank, financial
institution or retail 
mercantile establishment;


        3. To knowingly possess any fraudulent driver's 
license or permit with
the intent to commit a theft, 
deception or credit or debit card fraud in
violation of any 
law of this State or any law of any other jurisdiction;


        4. To knowingly possess any fraudulent driver's 
license or permit with
the intent to commit any other 
violation of any laws of this State or any
law of any other 
jurisdiction for which a sentence to a term of
imprisonment 
in a penitentiary for one year or more is provided;


        5. To knowingly possess any fraudulent driver's 
license or permit while
in unauthorized possession of any 
document, instrument or device capable of
defrauding 
another;


        6. To knowingly possess any fraudulent driver's 
license or permit with
the intent to use the license or 
permit to acquire any other identification
document;


        7. To knowingly possess without authority any driver's 
license-making or
permit-making implement;


        8. To knowingly possess any stolen driver's 
license-making or
permit-making implement or to possess, 
use, or allow to be used any
materials, hardware, or 
software specifically designed for or primarily used in
the 
manufacture, assembly, issuance, or authentication of an 
official driver's
license or permit issued by the Secretary 
of State;


        9. To knowingly duplicate, manufacture, sell or 
transfer any
fraudulent driver's license or permit;


        10. To advertise or distribute any information or 
materials that promote
the selling, giving, or furnishing 
of a fraudulent driver's license or
permit;


        11. To knowingly use any fraudulent driver's license or 
permit to
purchase or attempt to purchase any ticket for a 
common carrier or to board or
attempt to board any common 
carrier.  As used in this Section, "common carrier"
means 
any public or private provider of transportation, whether 
by land, air,
or water;


        12. To knowingly possess any fraudulent driver's 
license or permit if the
person has at the time a different 
driver's license issued by the Secretary of
State or 
another official driver's license agency in another 
jurisdiction that
is suspended or revoked.

    (c) Sentence.


        1. Any person convicted of a violation of paragraph 1 
of subsection
(b) of this Section shall be guilty of a 
Class 4 felony and shall be
sentenced to a minimum fine of 
$500 or 50 hours of community service,
preferably at an

alcohol abuse prevention program, if available.


        2. Any person convicted of a violation of any of 
paragraphs 2 through
9 or paragraph 11 or 12 of
subsection

(b) of this Section shall be guilty of a Class 4 felony.  A 
person
convicted of a second or subsequent violation shall 
be guilty of a Class 3
felony.


        3. Any person convicted of a violation of paragraph 10 
of subsection
(b) of this Section shall be guilty of a 
Class B misdemeanor.

    (d) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement or other activity 
of any agency
of the United States, State of Illinois or any 
other state or political
subdivision thereof.

    (e) The Secretary may request the Attorney General to seek 
a
restraining order in the circuit court against any person who 
violates this
Section by advertising fraudulent driver's 
licenses or permits.

(Source: P.A. 92-673, eff. 1-1-03.)


 



    (625 ILCS 5/6-521)
  (from Ch. 95 1/2, par. 6-521)



    Sec. 6-521. Rulemaking Authority. 

    (a) The Secretary of State, using the
authority to license 
motor vehicle operators under this Code, may adopt
such rules 
and regulations as may be necessary to establish standards,

policies and procedures for the licensing and sanctioning of 
commercial
motor vehicle
drivers in order to meet the 
requirements of the Commercial Motor Vehicle
Act of 1986 
(CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 
or Part 1572; and administrative and policy decisions of the 
U.S.
Secretary of
Transportation and the Federal Highway 
Administration.  The Secretary may,
as provided in the CMVSA, 
establish stricter requirements for the licensing
of 
commercial motor vehicle drivers than those established by the 
federal
government.

    (b) By January 1, 1994, the Secretary of State shall 
establish rules and
regulations for the issuance of a

restricted commercial driver's license
for farm-related 
service industries
consistent with federal guidelines.  The 
restricted license
shall be available for a seasonal period or 
periods not to exceed a total of
180 days in any 12 month 
period.

    (c) By July 1, 1995, the Secretary of State shall establish

rules and regulations, to be consistent with federal 
guidelines,
for the issuance and cancellation or withdrawal of 
a restricted
commercial driver's license that is limited to the 
operation of a school
bus.  A driver whose restricted commercial 
driver's license has
been cancelled or withdrawn may contest 
the sanction by requesting
a hearing pursuant to Section 2-118 
of this Code.  The cancellation
or withdrawal of the restricted 
commercial driver's license shall
remain in effect pending the 
outcome of that hearing.

    (d) By July 1, 1995, the Secretary of State shall
establish 
rules and regulations for the issuance and cancellation
of a 
School Bus Driver's Permit.  The permit shall be required for

the operation of a school bus as provided in subsection (c), a 
non-restricted
CDL
with passenger endorsement, or a properly 
classified driver's
license.  The permit will establish that the 
school bus driver has
met all the requirements of the 
application and screening process
established by Section 
6-106.1 of this Code.

(Source: P.A. 88-450; 88-612, eff. 7-1-95.)



 
    Section 99. Effective date.  This Act takes effect June 1, 
2003.