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90_HB2306eng
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Illinois Vehicle Code and the Criminal Code of
1961. Increases the reinstatement fee for a person whose
license has been suspended or revoked a second or subsequent
time. Provides that a person may not make application for a
license after his or her license has been revoked if the
person is convicted of committing a fourth or subsequent
violation for driving while under the influence of alcohol or
drugs or driving while a license is suspended or revoked (if
the original suspension or revocation was for driving while
under the influence). Increases the period of statutory
summary alcohol or other drug related suspension for a
refusal or failure to complete a test to determine alcohol or
drug concentration. Increases the penalty for a person
convicted of a third or subsequent violation for driving
while a license is suspended or revoked if the original
revocation or suspension was for violating certain offenses.
Provides that a person is guilty of aggravated driving under
the influence if the alcohol concentration in the person's
blood or breath is 0.25 or more. Increases the penalty for a
person who commits a driving while under the influence
offense for a fourth or subsequent time. Provides that any
vehicle used with the knowledge and consent of the owner in
the commission of a second or subsequent violation for
driving while under the influence or driving while a license
is suspended or revoked (if the original suspension or
revocation was for driving while under the influence) may be
seized and delivered to the sheriff if the owner knows that
the vehicle is being used in the commission of a violation
for driving while under the influence or driving while a
license is suspended or revoked.
LRB9006295NTsbB
HB2306 Engrossed LRB9006295NTsbB
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-118 and 6-208 as follows:
6 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
7 Sec. 6-118. Fees.
8 (a) The fee for licenses and permits under this Article
9 is as follows:
10 Original driver's license.............................$10
11 Original or renewal driver's license
12 issued to 18, 19 and 20 year olds..................5
13 All driver's licenses for persons
14 age 69 through age 80..............................5
15 All driver's licenses for persons
16 age 81 through age 86............................1 2
17 All driver's licenses for persons
18 age 87 or older....................................0
19 Renewal driver's license (except for
20 applicants ages 18, 19 and 20 or
21 age 69 and older).................................10
22 Original instruction permit issued to
23 persons (except those age 69 and older)
24 who do not hold or have not previously
25 held an Illinois instruction permit or
26 driver's license..................................20
27 Instruction permit issued to any person
28 holding an Illinois driver's license
29 who wishes a change in classifications,
30 other than at the time of renewal..................5
31 Any instruction permit issued to a person
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1 age 69 and older...................................5
2 Instruction permit issued to any person,
3 under age 69, not currently holding a
4 valid Illinois driver's license or
5 instruction permit but who has
6 previously been issued either document
7 in Illinois.......................................10
8 Restricted driving permit...............................8
9 Duplicate or corrected driver's license
10 or permit..........................................5
11 Duplicate or corrected restricted
12 driving permit.....................................5
13 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
14 The fees for commercial driver licenses and permits
15 under Article V shall be as follows:
16 Commercial driver's license:
17 $6 for the CDLIS/AAMVAnet Fund
18 (Commercial Driver's License Information
19 System/American Association of Motor Vehicle
20 Administrators network Trust Fund);
21 $10 for the driver's license;
22 and $24 for the CDL:.............................$40
23 Renewal commercial driver's license:
24 $6 for the CDLIS/AAMVAnet Trust Fund;
25 $10 for the driver's license; and
26 $24 for the CDL:.................................$40
27 Commercial driver instruction permit
28 issued to any person holding a valid
29 Illinois driver's license for the
30 purpose of changing to a
31 CDL classification: $6 for the
32 CDLIS/AAMVAnet Trust Fund; and
33 $24 for the CDL classification...................$30
34 Commercial driver instruction permit
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1 issued to any person holding a valid
2 Illinois CDL for the purpose of
3 making a change in a classification,
4 endorsement or restriction........................$5
5 CDL duplicate or corrected license.....................$5
6 In order to ensure the proper implementation of the
7 Uniform Commercial Driver License Act, Article V of this
8 Chapter, the Secretary of State is empowered to pro-rate the
9 $24 fee for the commercial driver's license proportionate to
10 the expiration date of the applicant's Illinois driver's
11 license.
12 The fee for any duplicate license or permit shall be
13 waived for any person age 60 or older who presents the
14 Secretary of State's office with a police report showing that
15 his license or permit was stolen.
16 No additional fee shall be charged for a driver's
17 license, or for a commercial driver's license, when issued to
18 the holder of an instruction permit for the same
19 classification or type of license who becomes eligible for
20 such license.
21 (b) Any person whose license or privilege to operate a
22 motor vehicle in this State has been suspended or revoked
23 under any provision of Chapter 6, Chapter 11, or Section
24 7-702 of the Family Financial Responsibility Law of this
25 Code, shall in addition to any other fees required by this
26 Code, pay a reinstatement fee as follows:
27 Summary suspension under Section 11-501.1.............$60
28 Other suspension......................................$30
29 Revocation............................................$60
30 However, any person whose license or privilege to operate
31 a motor vehicle in this State has been suspended or revoked
32 for a second or subsequent time shall, in addition to any
33 other fees required by this Code, pay a reinstatement fee as
34 follows:
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1 Summary suspension under Section 11-501.1............$250
2 Other suspension.....................................$100
3 Revocation...........................................$250
4 (c) All fees collected under the provisions of this
5 Chapter 6 shall be paid into the Road Fund in the State
6 Treasury except as follows:
7 1. The following amounts shall be paid into the
8 Driver Education Fund:
9 (A) $16 of the $20 fee for an original
10 driver's instruction permit;
11 (B) $5 of the $10 fee for an original driver's
12 license;
13 (C) $5 of the $10 fee for a 4 year renewal
14 driver's license; and
15 (D) $4 of the $8 fee for a restricted driving
16 permit.
17 2. $30 of the $60 fee for reinstatement of a license
18 summarily suspended under Section 11-501.1 shall be
19 deposited into the Drunk and Drugged Driving Prevention
20 Fund. However, for a person whose license or privilege
21 to operate a motor vehicle in this State has been
22 suspended or revoked for a second or subsequent time,
23 $190 of the $250 fee for reinstatement of a license
24 summarily suspended under Section 11-501.1, $70 of the
25 $100 fee for reinstatement of a license otherwise
26 suspended, and $190 of the $250 fee for reinstatement of
27 a revoked license shall be deposited into the Drunk and
28 Drugged Driving Prevention Fund.
29 3. $6 of such original or renewal fee for a
30 commercial driver's license and $6 of the commercial
31 driver instruction permit fee when such permit is issued
32 to any person holding a valid Illinois driver's license,
33 shall be paid into the CDLIS/AAMVAnet Trust Fund.
34 4. The $30 fee for reinstatement of a license
HB2306 Engrossed -5- LRB9006295NTsbB
1 suspended under the Family Financial Responsibility Law
2 shall be paid into the Family Responsibility Fund.
3 (Source: P.A. 89-92, eff. 7-1-96.)
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 if the
18 revocation was for a cause which has been removed or:
19 1. Except as provided in subparagraphs 2, and 3,
20 and 4, after the expiration of one year from the
21 effective date of the revocation or, in the case of a
22 violation of paragraph (b) of Section 11-401 of this Code
23 or a similar provision of a local ordinance, after the
24 expiration of 3 years from the effective date of the
25 revocation or, in the case of a violation of Section 9-3
26 of the Criminal Code of 1961 relating to the offense of
27 reckless homicide, after the expiration of 2 years from
28 the effective date of the revocation; or
29 2. If such person is convicted of committing a
30 second violation within a 20 year period of:
31 - Section 11-501 of this Code, or a similar
32 provision of a local ordinance; or
33 - Paragraph (b) of Section 11-401 of this Code,
HB2306 Engrossed -6- LRB9006295NTsbB
1 or a similar provision of a local ordinance; or
2 - Section 9-3 of the Criminal Code of 1961, as
3 amended, relating to the offense of reckless
4 homicide; or
5 - any combination of the above offenses
6 committed at different instances;
7 then such person may not make application for a license
8 until after the expiration of 5 years from the effective
9 date of the most recent revocation. The 20 year period
10 shall be computed by using the dates the offenses were
11 committed and shall also include similar out-of-state
12 offenses.
13 3. However, except as provided in subparagraph 4,
14 if such person is convicted of committing a third, or
15 subsequent, violation or any combination of the above
16 offenses, including similar out-of-state offenses,
17 contained in subparagraph 2, then such person may not
18 make application for a license until after the expiration
19 of 10 years from the effective date of the most recent
20 revocation.
21 4. The person may not make application for a
22 license if the person is convicted of committing a fourth
23 or subsequent violation of Section 11-501 of this Code,
24 or a similar provision of a local ordinance, or Section
25 6-303, if the original revocation or suspension was for a
26 violation of Section 11-501 of this Code or a similar
27 provision of a local ordinance.
28 Notwithstanding any other provision of this Code, all
29 persons referred to in this paragraph (b) may not have their
30 privileges restored until the Secretary receives payment of
31 the required reinstatement fee pursuant to subsection (b) of
32 Section 6-118.
33 In no event shall the Secretary issue such license unless
34 and until such person has had a hearing pursuant to this Code
HB2306 Engrossed -7- LRB9006295NTsbB
1 and the appropriate administrative rules and the Secretary is
2 satisfied, after a review or investigation of such person,
3 that to grant the privilege of driving a motor vehicle on the
4 highways will not endanger the public safety or welfare.
5 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
6 Section 10. The Criminal Code of 1961 is amended by
7 changing Section 36-1 as follows:
8 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
9 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
10 used with the knowledge and consent of the owner in the
11 commission of, or in the attempt to commit as defined in
12 Section 8-4 of this Code, an offense prohibited by (a)
13 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
14 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
15 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
16 of Section 12-15 or paragraphs (a), (c) or (d) of Section
17 12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
18 Cigarette Tax Act if the vessel, vehicle or aircraft contains
19 more than 10 cartons of such cigarettes; (c) Section 28, 29
20 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
21 aircraft contains more than 10 cartons of such cigarettes;
22 (d) Section 44 of the Environmental Protection Act; or (e)
23 11-204.1 of the Illinois Vehicle Code; may be seized and
24 delivered forthwith to the sheriff of the county of seizure.
25 Any vehicle used with the knowledge and consent of the
26 owner in the commission of a second or subsequent violation
27 of Section 11-501 of the Illinois Vehicle Code, or a similar
28 provision of a local ordinance, or Section 6-303 of the
29 Illinois Vehicle Code, if the original revocation or
30 suspension was for a violation of Section 11-501 of the
31 Illinois Vehicle Code or a similar provision of a local
32 ordinance, may be seized and delivered forthwith to the
HB2306 Engrossed -8- LRB9006295NTsbB
1 sheriff of the county of seizure if the owner knows (i) that
2 the vehicle is being used in the commission of a violation of
3 Section 11-501 of the Illinois Vehicle Code, or a similar
4 provision of a local ordinance, or Section 6-303 of the
5 Illinois Vehicle Code and (ii) that the vehicle may be seized
6 for being used in the commission of a second or subsequent
7 violation of Section 11-501 of the Illinois Vehicle Code, or
8 a similar provision of a local ordinance, or Section 6-303 of
9 the Illinois Vehicle Code, if the original revocation or
10 suspension was for a violation of Section 11-501 of the
11 Illinois Vehicle Code or a similar provision of a local
12 ordinance. Notwithstanding any other provisions of this
13 Section to the contrary, a vehicle is not subject to seizure
14 and forfeiture under this Article if (A) the vehicle is used
15 with the knowledge and consent of the owner in the commission
16 of a second or subsequent violation of Section 11-501 of the
17 Illinois Vehicle Code, or a similar provision of a local
18 ordinance, or Section 6-303 of the Illinois Vehicle Code, if
19 the original revocation or suspension was for a violation of
20 Section 11-501 of the Illinois Vehicle Code or a similar
21 provision of a local ordinance and (B) the vehicle is
22 co-owned by the spouse of the person who is charged with the
23 commission of the offense.
24 Within 15 days after the such delivery the sheriff shall
25 give notice of seizure to each person according to the
26 following method: Upon each such person whose right, title or
27 interest is of record in the office of the Secretary of
28 State, the Secretary of Transportation, the Administrator of
29 the Federal Aviation Agency, or any other Department of this
30 State, or any other state of the United States if such
31 vessel, vehicle or aircraft is required to be so registered,
32 as the case may be, by mailing a copy of the notice by
33 certified mail to the address as given upon the records of
34 the Secretary of State, the Department of Aeronautics,
HB2306 Engrossed -9- LRB9006295NTsbB
1 Department of Public Works and Buildings or any other
2 Department of this State or the United States if such vessel,
3 vehicle or aircraft is required to be so registered. Within
4 that 15 day period the sheriff shall also notify the State's
5 Attorney of the county of seizure about the seizure.
6 In addition, any mobile or portable equipment used in the
7 commission of an act which is in violation of Section 7g of
8 the Metropolitan Water Reclamation District Act shall be
9 subject to seizure and forfeiture under the same procedures
10 provided in this Article for the seizure and forfeiture of
11 vessels, vehicles and aircraft, and any such equipment shall
12 be deemed a vessel, vehicle or aircraft for purposes of this
13 Article.
14 When a person discharges a firearm at another individual
15 from a vehicle with the knowledge and consent of the owner of
16 the vehicle and with the intent to cause death or great
17 bodily harm to that individual and as a result causes death
18 or great bodily harm to that individual, the vehicle shall be
19 subject to seizure and forfeiture under the same procedures
20 provided in this Article for the seizure and forfeiture of
21 vehicles used in violations of clauses (a), (b), (c), or (d)
22 of this Section.
23 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
24 revised 10-15-97.)