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Public Act 093-0667
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| HB0719 Enrolled |
LRB093 05822 DRH 05915 b |
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AN ACT concerning the Secretary of State.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Identification Card Act is amended |
by changing
Section 14 as follows:
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(15 ILCS 335/14)
(from Ch. 124, par. 34)
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Sec. 14. Unlawful use of identification card.
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(a) It is a violation of this Section for any person:
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1. To possess, display, or cause to be displayed
any |
cancelled or revoked identification card;
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2. To display or represent as the person's own any
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identification
card issued to another;
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3. To allow any unlawful use of an identification card
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issued to the person;
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4. To lend an identification card to
another or |
knowingly allow the use
thereof by another;
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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;
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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.
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(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
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information concerning the individual, is of a type intended or |
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commonly
accepted for the purpose of identifying the |
individual.
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(b) Sentence.
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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.
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2. A person convicted of a second or subsequent |
violation of this
Section shall be guilty of a Class 4 |
felony.
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(c) This Section does not prohibit any lawfully authorized
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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.
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(Source: P.A. 88-210; 89-283, eff. 1-1-96.)
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Section 10. The Illinois Vehicle Code is amended by |
changing
Sections 6-206, 6-301.2, and 6-521 as follows:
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(625 ILCS 5/6-206)
(from Ch. 95 1/2, par. 6-206)
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Sec. 6-206. Discretionary authority to suspend or revoke |
license or
permit; Right to a hearing.
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(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:
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1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon |
conviction;
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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;
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3. Has been repeatedly involved as a driver in motor |
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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;
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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;
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5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
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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;
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7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
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8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
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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;
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10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
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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;
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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;
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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;
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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;
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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;
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16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a police officer;
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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;
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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;
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19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
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20. Has been convicted of violating Section 6-104 |
relating to
classification of driver's license;
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21. Has been convicted of violating Section 11-402 of
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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;
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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
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year;
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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;
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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;
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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;
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26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
permit;
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27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
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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 |
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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,
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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;
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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;
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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;
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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;
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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;
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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;
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34. Has committed a violation of Section 11-1301.5 of |
this Code;
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35. Has committed a violation of Section 11-1301.6 of |
this Code;
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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;
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37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code; or
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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.
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39.
38. Has committed a second or subsequent violation |
of Section
11-1201 of this Code; or
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40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code.
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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.
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(b) If any conviction forming the basis of a suspension or
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revocation authorized under this Section is appealed, the
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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.
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(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.
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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
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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
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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
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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
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Secretary of State prior to the date of suspension, the |
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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.
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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.
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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.
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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
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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
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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.
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If a person's license or permit has been revoked or |
suspended due to 2
or more convictions of violating Section |
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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.
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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
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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
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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
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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
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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 |
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combination
of those offenses, until the expiration of at |
least one year from the date of
the revocation. A
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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.
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(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.
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(d) This Section is subject to the provisions of the |
Drivers License
Compact.
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(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.
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(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.)
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(625 ILCS 5/6-301.2)
(from Ch. 95 1/2, par. 6-301.2)
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Sec. 6-301.2. Fraudulent driver's license or permit.
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(a) (Blank).
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(b) It is a violation of this Section for any person:
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1. To knowingly possess any fraudulent driver's |
license or permit;
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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;
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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;
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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;
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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;
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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;
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7. To knowingly possess without authority any driver's |
license-making or
permit-making implement;
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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;
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9. To knowingly duplicate, manufacture, sell or |
transfer any
fraudulent driver's license or permit;
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10. To advertise or distribute any information or |
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materials that promote
the selling, giving, or furnishing |
of a fraudulent driver's license or
permit;
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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;
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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.
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(c) Sentence.
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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
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alcohol abuse prevention program, if available.
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2. Any person convicted of a violation of any of |
paragraphs 2 through
9 or paragraph 11 or 12 of
subsection
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(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.
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3. Any person convicted of a violation of paragraph 10 |
of subsection
(b) of this Section shall be guilty of a |
Class B misdemeanor.
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(d) This Section does not prohibit any lawfully authorized
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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.
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(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.
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(Source: P.A. 92-673, eff. 1-1-03.)
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(625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
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Sec. 6-521. Rulemaking Authority.
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(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,
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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.
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(b) By January 1, 1994, the Secretary of State shall |
establish rules and
regulations for the issuance of a
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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.
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(c) By July 1, 1995, the Secretary of State shall establish
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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.
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(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
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