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90_HB2306enr
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license after his or her license has been revoked if the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 Enrolled LRB9006295NTsbB
1 AN ACT concerning driving violations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 4-203, 6-118, 6-208, 6-208.1, 6-303, and
7 11-501 as follows:
8 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
9 Sec. 4-203. Removal of motor vehicles or other vehicles;
10 Towing or hauling away.
11 (a) When a vehicle is abandoned, or left unattended, on a
12 toll highway, interstate highway, or expressway for 2 hours
13 or more, its removal by a towing service may be authorized by
14 a law enforcement agency having jurisdiction.
15 (b) When a vehicle is abandoned on a highway in an urban
16 district 10 hours or more, its removal by a towing service
17 may be authorized by a law enforcement agency having
18 jurisdiction.
19 (c) When a vehicle is abandoned or left unattended on a
20 highway other than a toll highway, interstate highway, or
21 expressway, outside of an urban district for 24 hours or
22 more, its removal by a towing service may be authorized by a
23 law enforcement agency having jurisdiction.
24 (d) When an abandoned, unattended, wrecked, burned or
25 partially dismantled vehicle is creating a traffic hazard
26 because of its position in relation to the highway or its
27 physical appearance is causing the impeding of traffic, its
28 immediate removal from the highway or private property
29 adjacent to the highway by a towing service may be authorized
30 by a law enforcement agency having jurisdiction.
31 (e) Whenever a peace officer reasonably believes that a
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1 person under arrest for a violation of Section 11-501 of this
2 Code or a similar provision of a local ordinance is likely,
3 upon release, to commit a subsequent violation of Section
4 11-501, or a similar provision of a local ordinance, the
5 arresting officer shall have the vehicle which the person was
6 operating at the time of the arrest impounded for a period of
7 not more than 12 6 hours after the time of arrest. However,
8 such vehicle may be released by the arresting law enforcement
9 agency prior to the end of the impoundment period if:
10 (1) the vehicle was not owned by the person under
11 arrest, and the lawful owner requesting such release
12 possesses a valid operator's license, proof of ownership,
13 and would not, as determined by the arresting law
14 enforcement agency, indicate a lack of ability to operate
15 a motor vehicle in a safe manner, or who would otherwise,
16 by operating such motor vehicle, be in violation of this
17 Code; or
18 (2) the vehicle is owned by the person under
19 arrest, and the person under arrest gives permission to
20 another person to operate such vehicle, provided however,
21 that the other person possesses a valid operator's
22 license and would not, as determined by the arresting law
23 enforcement agency, indicate a lack of ability to operate
24 a motor vehicle in a safe manner or who would otherwise,
25 by operating such motor vehicle, be in violation of this
26 Code.
27 (e-5) Whenever a registered owner of a vehicle is taken
28 into custody for operating the vehicle in violation of
29 Section 11-501 of this Code or a similar provision of a local
30 ordinance or Section 6-303 of this Code, a law enforcement
31 officer may have the vehicle immediately impounded for a
32 period not less than:
33 (1) 24 hours for a second violation of Section
34 11-501 of this Code or a similar provision of a local
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1 ordinance or Section 6-303 of this Code or a combination
2 of these offenses; or
3 (2) 48 hours for a third violation of Section
4 11-501 of this Code or a similar provision of a local
5 ordinance or Section 6-303 of this Code or a combination
6 of these offenses.
7 The vehicle may be released sooner if the vehicle is
8 owned by the person under arrest and the person under arrest
9 gives permission to another person to operate the vehicle and
10 that other person possesses a valid operator's license and
11 would not, as determined by the arresting law enforcement
12 agency, indicate a lack of ability to operate a motor vehicle
13 in a safe manner or would otherwise, by operating the motor
14 vehicle, be in violation of this Code.
15 (f) Except as provided in Chapter 18a of this Code, the
16 owner or lessor of privately owned real property within this
17 State, or any person authorized by such owner or lessor, or
18 any law enforcement agency in the case of publicly owned real
19 property may cause any motor vehicle abandoned or left
20 unattended upon such property without permission to be
21 removed by a towing service without liability for the costs
22 of removal, transportation or storage or damage caused by
23 such removal, transportation or storage. The towing or
24 removal of any vehicle from private property without the
25 consent of the registered owner or other legally authorized
26 person in control of the vehicle is subject to compliance
27 with the following conditions and restrictions:
28 1. Any towed or removed vehicle must be stored at
29 the site of the towing service's place of business. The
30 site must be open during business hours, and for the
31 purpose of redemption of vehicles, during the time that
32 the person or firm towing such vehicle is open for towing
33 purposes.
34 2. The towing service shall within 30 minutes of
HB2306 Enrolled -4- LRB9006295NTsbB
1 completion of such towing or removal, notify the law
2 enforcement agency having jurisdiction of such towing or
3 removal, and the make, model, color and license plate
4 number of the vehicle, and shall obtain and record the
5 name of the person at the law enforcement agency to whom
6 such information was reported.
7 3. If the registered owner or legally authorized
8 person entitled to possession of the vehicle shall arrive
9 at the scene prior to actual removal or towing of the
10 vehicle, the vehicle shall be disconnected from the tow
11 truck and that person shall be allowed to remove the
12 vehicle without interference, upon the payment of a
13 reasonable service fee of not more than one half the
14 posted rate of the towing service as provided in
15 paragraph 6 of this subsection, for which a receipt shall
16 be given.
17 4. The rebate or payment of money or any other
18 valuable consideration from the towing service or its
19 owners, managers or employees to the owners or operators
20 of the premises from which the vehicles are towed or
21 removed, for the privilege of removing or towing those
22 vehicles, is prohibited. Any individual who violates
23 this paragraph shall be guilty of a Class A misdemeanor.
24 5. Except for property appurtenant to and obviously
25 a part of a single family residence, and except for
26 instances where notice is personally given to the owner
27 or other legally authorized person in control of the
28 vehicle that the area in which that vehicle is parked is
29 reserved or otherwise unavailable to unauthorized
30 vehicles and they are subject to being removed at the
31 owner or operator's expense, any property owner or
32 lessor, prior to towing or removing any vehicle from
33 private property without the consent of the owner or
34 other legally authorized person in control of that
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1 vehicle, must post a notice meeting the following
2 requirements:
3 a. The notice must be prominently placed at
4 each driveway access or curb cut allowing vehicular
5 access to the property within 5 feet from the public
6 right-of-way line. If there are no curbs or access
7 barriers, the sign must be posted not less than one
8 sign each 100 feet of lot frontage.
9 b. The notice must indicate clearly, in not
10 less than 2 inch high light-reflective letters on a
11 contrasting background, that unauthorized vehicles
12 will be towed away at the owner's expense.
13 c. The notice must also provide the name and
14 current telephone number of the towing service
15 towing or removing the vehicle.
16 d. The sign structure containing the required
17 notices must be permanently installed with the
18 bottom of the sign not less than 4 feet above ground
19 level, and must be continuously maintained on the
20 property for not less than 24 hours prior to the
21 towing or removing of any vehicle.
22 6. Any towing service that tows or removes vehicles
23 and proposes to require the owner, operator, or person in
24 control of the vehicle to pay the costs of towing and
25 storage prior to redemption of the vehicle must file and
26 keep on record with the local law enforcement agency a
27 complete copy of the current rates to be charged for such
28 services, and post at the storage site an identical rate
29 schedule and any written contracts with property owners,
30 lessors, or persons in control of property which
31 authorize them to remove vehicles as provided in this
32 Section.
33 7. No person shall engage in the removal of
34 vehicles from private property as described in this
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1 Section without filing a notice of intent in each
2 community where he intends to do such removal, and such
3 notice shall be filed at least 7 days before commencing
4 such towing.
5 8. No removal of a vehicle from private property
6 shall be done except upon express written instructions of
7 the owners or persons in charge of the private property
8 upon which the vehicle is said to be trespassing.
9 9. Vehicle entry for the purpose of removal shall
10 be allowed with reasonable care on the part of the person
11 or firm towing the vehicle. Such person or firm shall be
12 liable for any damages occasioned to the vehicle if such
13 entry is not in accordance with the standards of
14 reasonable care.
15 10. When a vehicle has been towed or removed
16 pursuant to this Section, it must be released to its
17 owner or custodian within one half hour after requested,
18 if such request is made during business hours. Any
19 vehicle owner or custodian or agent shall have the right
20 to inspect the vehicle before accepting its return, and
21 no release or waiver of any kind which would release the
22 towing service from liability for damages incurred during
23 the towing and storage may be required from any vehicle
24 owner or other legally authorized person as a condition
25 of release of the vehicle. A detailed, signed receipt
26 showing the legal name of the towing service must be
27 given to the person paying towing or storage charges at
28 the time of payment, whether requested or not.
29 This Section shall not apply to law enforcement,
30 firefighting, rescue, ambulance, or other emergency vehicles
31 which are marked as such or to property owned by any
32 governmental entity.
33 When an authorized person improperly causes a motor
34 vehicle to be removed, such person shall be liable to the
HB2306 Enrolled -7- LRB9006295NTsbB
1 owner or lessee of the vehicle for the cost or removal,
2 transportation and storage, any damages resulting from the
3 removal, transportation and storage, attorney's fee and court
4 costs.
5 Any towing or storage charges accrued shall be payable by
6 the use of any major credit card, in addition to being
7 payable in cash.
8 11. Towing companies shall also provide insurance
9 coverage for areas where vehicles towed under the
10 provisions of this Chapter will be impounded or otherwise
11 stored, and shall adequately cover loss by fire, theft or
12 other risks.
13 Any person who fails to comply with the conditions and
14 restrictions of this subsection shall be guilty of a Class C
15 misdemeanor and shall be fined not less than $100 nor more
16 than $500.
17 (g) When a vehicle is determined to be a hazardous
18 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
19 the Illinois Municipal Code, its removal and impoundment by a
20 towing service may be authorized by a law enforcement agency
21 with appropriate jurisdiction.
22 When a vehicle removal from either public or private
23 property is authorized by a law enforcement agency, the owner
24 of the vehicle shall be responsible for all towing and
25 storage charges.
26 Vehicles removed from public or private property and
27 stored by a commercial vehicle relocator or any other towing
28 service in compliance with this Section and Sections 4-201
29 and 4-202 of this Code, shall be subject to a possessor lien
30 for services pursuant to "An Act concerning liens for labor,
31 services, skill or materials furnished upon or storage
32 furnished for chattels", filed July 24, 1941, as amended, and
33 the provisions of Section 1 of that Act relating to notice
34 and implied consent shall be deemed satisfied by compliance
HB2306 Enrolled -8- LRB9006295NTsbB
1 with Section 18a-302 and subsection (6) of Section 18a-300.
2 In no event shall such lien be greater than the rate or rates
3 established in accordance with subsection (6) of Section
4 18a-200 of this Code. In no event shall such lien be
5 increased or altered to reflect any charge for services or
6 materials rendered in addition to those authorized by this
7 Act. Every such lien shall be payable by use of any major
8 credit card, in addition to being payable in cash.
9 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
10 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
11 Sec. 6-118. Fees.
12 (a) The fee for licenses and permits under this Article
13 is as follows:
14 Original driver's license.............................$10
15 Original or renewal driver's license
16 issued to 18, 19 and 20 year olds..................5
17 All driver's licenses for persons
18 age 69 through age 80..............................5
19 All driver's licenses for persons
20 age 81 through age 86..............................2
21 All driver's licenses for persons
22 age 87 or older....................................0
23 Renewal driver's license (except for
24 applicants ages 18, 19 and 20 or
25 age 69 and older).................................10
26 Original instruction permit issued to
27 persons (except those age 69 and older)
28 who do not hold or have not previously
29 held an Illinois instruction permit or
30 driver's license..................................20
31 Instruction permit issued to any person
32 holding an Illinois driver's license
33 who wishes a change in classifications,
HB2306 Enrolled -9- LRB9006295NTsbB
1 other than at the time of renewal..................5
2 Any instruction permit issued to a person
3 age 69 and older...................................5
4 Instruction permit issued to any person,
5 under age 69, not currently holding a
6 valid Illinois driver's license or
7 instruction permit but who has
8 previously been issued either document
9 in Illinois.......................................10
10 Restricted driving permit...............................8
11 Duplicate or corrected driver's license
12 or permit..........................................5
13 Duplicate or corrected restricted
14 driving permit.....................................5
15 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
16 The fees for commercial driver licenses and permits
17 under Article V shall be as follows:
18 Commercial driver's license:
19 $6 for the CDLIS/AAMVAnet Fund
20 (Commercial Driver's License Information
21 System/American Association of Motor Vehicle
22 Administrators network Trust Fund);
23 $10 for the driver's license;
24 and $24 for the CDL:.............................$40
25 Renewal commercial driver's license:
26 $6 for the CDLIS/AAMVAnet Trust Fund;
27 $10 for the driver's license; and
28 $24 for the CDL:.................................$40
29 Commercial driver instruction permit
30 issued to any person holding a valid
31 Illinois driver's license for the
32 purpose of changing to a
33 CDL classification: $6 for the
34 CDLIS/AAMVAnet Trust Fund; and
HB2306 Enrolled -10- LRB9006295NTsbB
1 $24 for the CDL classification...................$30
2 Commercial driver instruction permit
3 issued to any person holding a valid
4 Illinois CDL for the purpose of
5 making a change in a classification,
6 endorsement or restriction........................$5
7 CDL duplicate or corrected license.....................$5
8 In order to ensure the proper implementation of the
9 Uniform Commercial Driver License Act, Article V of this
10 Chapter, the Secretary of State is empowered to pro-rate the
11 $24 fee for the commercial driver's license proportionate to
12 the expiration date of the applicant's Illinois driver's
13 license.
14 The fee for any duplicate license or permit shall be
15 waived for any person age 60 or older who presents the
16 Secretary of State's office with a police report showing that
17 his license or permit was stolen.
18 No additional fee shall be charged for a driver's
19 license, or for a commercial driver's license, when issued to
20 the holder of an instruction permit for the same
21 classification or type of license who becomes eligible for
22 such license.
23 (b) Any person whose license or privilege to operate a
24 motor vehicle in this State has been suspended or revoked
25 under any provision of Chapter 6, Chapter 11, or Section
26 7-702 of the Family Financial Responsibility Law of this
27 Code, shall in addition to any other fees required by this
28 Code, pay a reinstatement fee as follows:
29 Summary suspension under Section 11-501.1.............$60
30 Other suspension......................................$30
31 Revocation............................................$60
32 However, any person whose license or privilege to operate
33 a motor vehicle in this State has been suspended or revoked
34 for a second or subsequent time for a violation of Section
HB2306 Enrolled -11- LRB9006295NTsbB
1 11-501 or 11-501.1 of this Code or a similar provision of a
2 local ordinance or Section 9-3 of the Criminal Code of 1961
3 and each suspension or revocation was for a violation of
4 Section 11-501 or 11-501.1 of this Code or a similar
5 provision of a local ordinance or Section 9-3 of the Criminal
6 Code of 1961 shall pay, in addition to any other fees
7 required by this Code, a reinstatement fee as follows:
8 Summary suspension under Section 11-501.1............$250
9 Revocation...........................................$250
10 (c) All fees collected under the provisions of this
11 Chapter 6 shall be paid into the Road Fund in the State
12 Treasury except as follows:
13 1. The following amounts shall be paid into the
14 Driver Education Fund:
15 (A) $16 of the $20 fee for an original
16 driver's instruction permit;
17 (B) $5 of the $10 fee for an original driver's
18 license;
19 (C) $5 of the $10 fee for a 4 year renewal
20 driver's license; and
21 (D) $4 of the $8 fee for a restricted driving
22 permit.
23 2. $30 of the $60 fee for reinstatement of a license
24 summarily suspended under Section 11-501.1 shall be
25 deposited into the Drunk and Drugged Driving Prevention
26 Fund. However, for a person whose license or privilege
27 to operate a motor vehicle in this State has been
28 suspended or revoked for a second or subsequent time for
29 a violation of Section 11-501 or 11-501.1 of this Code or
30 Section 9-3 of the Criminal Code of 1961, $190 of the
31 $250 fee for reinstatement of a license summarily
32 suspended under Section 11-501.1, and $190 of the $250
33 fee for reinstatement of a revoked license shall be
34 deposited into the Drunk and Drugged Driving Prevention
HB2306 Enrolled -12- LRB9006295NTsbB
1 Fund.
2 3. $6 of such original or renewal fee for a
3 commercial driver's license and $6 of the commercial
4 driver instruction permit fee when such permit is issued
5 to any person holding a valid Illinois driver's license,
6 shall be paid into the CDLIS/AAMVAnet Trust Fund.
7 4. The $30 fee for reinstatement of a license
8 suspended under the Family Financial Responsibility Law
9 shall be paid into the Family Responsibility Fund.
10 (Source: P.A. 89-92, eff. 7-1-96.)
11 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
12 Sec. 6-208. Period of Suspension - Application After
13 Revocation.
14 (a) Except as otherwise provided by this Code or any
15 other law of this State, the Secretary of State shall not
16 suspend a driver's license, permit or privilege to drive a
17 motor vehicle on the highways for a period of more than one
18 year.
19 (b) Any person whose license, permit or privilege to
20 drive a motor vehicle on the highways has been revoked shall
21 not be entitled to have such license, permit or privilege
22 renewed or restored. However, such person may, except as
23 provided under subsection (d) of Section 6-205, make
24 application for a license pursuant to Section 6-106 if the
25 revocation was for a cause which has been removed or:
26 1. Except as provided in subparagraphs 2, and 3,
27 and 4, after the expiration of one year from the
28 effective date of the revocation or, in the case of a
29 violation of paragraph (b) of Section 11-401 of this Code
30 or a similar provision of a local ordinance, after the
31 expiration of 3 years from the effective date of the
32 revocation or, in the case of a violation of Section 9-3
33 of the Criminal Code of 1961 relating to the offense of
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1 reckless homicide, after the expiration of 2 years from
2 the effective date of the revocation; or
3 2. If such person is convicted of committing a
4 second violation within a 20 year period of:
5 - Section 11-501 of this Code, or a similar
6 provision of a local ordinance; or
7 - Paragraph (b) of Section 11-401 of this Code,
8 or a similar provision of a local ordinance; or
9 - Section 9-3 of the Criminal Code of 1961, as
10 amended, relating to the offense of reckless
11 homicide; or
12 - any combination of the above offenses
13 committed at different instances;
14 then such person may not make application for a license
15 until after the expiration of 5 years from the effective
16 date of the most recent revocation. The 20 year period
17 shall be computed by using the dates the offenses were
18 committed and shall also include similar out-of-state
19 offenses.
20 3. However, except as provided in subparagraph 4,
21 if such person is convicted of committing a third, or
22 subsequent, violation or any combination of the above
23 offenses, including similar out-of-state offenses,
24 contained in subparagraph 2, then such person may not
25 make application for a license until after the expiration
26 of 10 years from the effective date of the most recent
27 revocation.
28 4. The person may not make application for a
29 license if the person is convicted of committing a fourth
30 or subsequent violation of Section 11-501 of this Code or
31 a similar provision of a local ordinance, paragraph (b)
32 of Section 11-401 of this Code, Section 9-3 of the
33 Criminal Code of 1961, or a combination of these offenses
34 or similar provisions of local ordinances or similar
HB2306 Enrolled -14- LRB9006295NTsbB
1 out-of-state offenses if the original revocation or
2 suspension was for a violation of Section 11-501 or
3 11-501.1 of this Code or a similar provision of a local
4 ordinance.
5 Notwithstanding any other provision of this Code, all
6 persons referred to in this paragraph (b) may not have their
7 privileges restored until the Secretary receives payment of
8 the required reinstatement fee pursuant to subsection (b) of
9 Section 6-118.
10 In no event shall the Secretary issue such license unless
11 and until such person has had a hearing pursuant to this Code
12 and the appropriate administrative rules and the Secretary is
13 satisfied, after a review or investigation of such person,
14 that to grant the privilege of driving a motor vehicle on the
15 highways will not endanger the public safety or welfare.
16 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
17 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
18 Sec. 6-208.1. Period of statutory summary alcohol or
19 other drug related suspension.
20 (a) Unless the statutory summary suspension has been
21 rescinded, any person whose privilege to drive a motor
22 vehicle on the public highways has been summarily suspended,
23 pursuant to Section 11-501.1, shall not be eligible for
24 restoration of the privilege until the expiration of:
25 1. Six months from the effective date of the
26 statutory summary suspension for a refusal or failure to
27 complete a test or tests to determine the alcohol or drug
28 concentration, pursuant to Section 11-501.1; or
29 2. Three months from the effective date of the
30 statutory summary suspension imposed following the
31 person's submission to a chemical test which disclosed an
32 alcohol concentration of 0.08 or more, or any amount of a
33 drug, substance or compound in such person's blood or
HB2306 Enrolled -15- LRB9006295NTsbB
1 urine resulting from the unlawful use or consumption of
2 cannabis listed in the Cannabis Control Act or a
3 controlled substance listed in the Illinois Controlled
4 Substances Act, pursuant to Section 11-501.1; or
5 3. Three Two years from the effective date of the
6 statutory summary suspension for any person other than a
7 first offender who refuses or fails to complete a test or
8 tests to determine the alcohol or drug concentration
9 pursuant to Section 11-501.1; or
10 4. One year from the effective date of the summary
11 suspension imposed for any person other than a first
12 offender following submission to a chemical test which
13 disclosed an alcohol concentration of 0.08 or more
14 pursuant to Section 11-501.1 or any amount of a drug,
15 substance or compound in such person's blood or urine
16 resulting from the unlawful use or consumption of
17 cannabis listed in the Cannabis Control Act or a
18 controlled substance listed in the Illinois Controlled
19 Substances Act.
20 (b) Following a statutory summary suspension of the
21 privilege to drive a motor vehicle under Section 11-501.1,
22 full driving privileges shall be restored unless the person
23 is otherwise disqualified by this Code. If the court has
24 reason to believe that the person's driving privilege should
25 not be restored, the court shall notify the Secretary of
26 State prior to the expiration of the statutory summary
27 suspension so appropriate action may be taken pursuant to
28 this Code.
29 (c) Full driving privileges may not be restored until
30 all applicable reinstatement fees, as provided by this Code,
31 have been paid to the Secretary of State and the appropriate
32 entry made to the driver's record.
33 (d) Where a driving privilege has been summarily
34 suspended under Section 11-501.1 and the person is
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1 subsequently convicted of violating Section 11-501, or a
2 similar provision of a local ordinance, for the same
3 incident, any period served on statutory summary suspension
4 shall be credited toward the minimum period of revocation of
5 driving privileges imposed pursuant to Section 6-205.
6 (e) Following a statutory summary suspension of driving
7 privileges pursuant to Section 11-501.1, for a first
8 offender, the circuit court may, after at least 30 days from
9 the effective date of the statutory summary suspension, issue
10 a judicial driving permit as provided in Section 6-206.1.
11 (f) Subsequent to an arrest of a first offender, for any
12 offense as defined in Section 11-501 or a similar provision
13 of a local ordinance, following a statutory summary
14 suspension of driving privileges pursuant to Section
15 11-501.1, for a first offender, the circuit court may issue a
16 court order directing the Secretary of State to issue a
17 judicial driving permit as provided in Section 6-206.1.
18 However, this JDP shall not be effective prior to the 31st
19 day of the statutory summary suspension.
20 (g) Following a statutory summary suspension of driving
21 privileges pursuant to Section 11-501.1 where the person was
22 not a first offender, as defined in Section 11-500 and such
23 person refused or failed to complete a test or tests to
24 determine the alcohol or drug concentration pursuant to
25 Section 11-501.1, the Secretary of State may shall not issue
26 a restricted driving permit if at least 2 years have elapsed
27 since the effective date of the statutory summary suspension.
28 (h) Following a statutory summary suspension of driving
29 privileges pursuant to Section 11-501.1 where the person was
30 not a first offender as defined in Section 11-500 and such
31 person submitted to a chemical test which disclosed an
32 alcohol concentration of 0.08 or more pursuant to Section
33 11-501.1, the Secretary of State may, after at least 90 days
34 from the effective date of the statutory summary suspension,
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1 issue a restricted driving permit.
2 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
3 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
4 Sec. 6-303. Driving while driver's license, permit or
5 privilege to operate a motor vehicle is suspended or revoked.
6 (a) Any person who drives or is in actual physical
7 control of a motor vehicle on any highway of this State at a
8 time when such person's driver's license, permit or privilege
9 to do so or the privilege to obtain a driver's license or
10 permit is revoked or suspended as provided by this Code or
11 the law of another state, except as may be specifically
12 allowed by a judicial driving permit, family financial
13 responsibility driving permit, probationary license to drive,
14 or a restricted driving permit issued pursuant to this Code
15 or under the law of another state, shall be guilty of a Class
16 A misdemeanor.
17 (b) The Secretary of State upon receiving a report of
18 the conviction of any violation indicating a person was
19 operating a motor vehicle during the time when said person's
20 driver's license, permit or privilege was suspended by the
21 Secretary, by the appropriate authority of another state, or
22 pursuant to Section 11-501.1; except as may be specifically
23 allowed by a probationary license to drive, judicial driving
24 permit or restricted driving permit issued pursuant to this
25 Code or the law of another state; shall extend the suspension
26 for the same period of time as the originally imposed
27 suspension; however, if the period of suspension has then
28 expired, the Secretary shall be authorized to suspend said
29 person's driving privileges for the same period of time as
30 the originally imposed suspension; and if the conviction was
31 upon a charge which indicated that a vehicle was operated
32 during the time when the person's driver's license, permit or
33 privilege was revoked; except as may be allowed by a
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1 restricted driving permit issued pursuant to this Code or the
2 law of another state; the Secretary shall not issue a
3 driver's license for an additional period of one year from
4 the date of such conviction indicating such person was
5 operating a vehicle during such period of revocation.
6 (c) Any person convicted of violating this Section shall
7 serve a minimum term of imprisonment of 7 consecutive days or
8 30 days of community service when the person's driving
9 privilege was revoked or suspended as a result of:
10 (1) a violation of Section 11-501 of this Code or a
11 similar provision of a local ordinance relating to the
12 offense of operating or being in physical control of a
13 vehicle while under the influence of alcohol, any other
14 drug or any combination thereof; or
15 (2) a violation of paragraph (b) of Section 11-401
16 of this Code or a similar provision of a local ordinance
17 relating to the offense of leaving the scene of a motor
18 vehicle accident involving personal injury or death; or
19 (3) a violation of Section 9-3 of the Criminal Code
20 of 1961, as amended, relating to the offense of reckless
21 homicide; or
22 (4) a statutory summary suspension under Section
23 11-501.1 of this Code.
24 Such sentence of imprisonment or community service shall
25 not be subject to suspension in order to reduce such
26 sentence.
27 (d) Any person convicted of a second or subsequent
28 violation of this Section shall be guilty of a Class 4 felony
29 if the original revocation or suspension was for a violation
30 of Section 11-401 or 11-501 of this Code, or a similar
31 out-of-state offense, or a similar provision of a local
32 ordinance, a violation of Section 9-3 of the Criminal Code of
33 1961, relating to the offense of reckless homicide, or a
34 similar out-of-state offense, or a statutory summary
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1 suspension under Section 11-501.1 of this Code. For any
2 prosecution under this Section, a certified copy of the
3 driving abstract of the defendant shall be admitted as proof
4 of any prior conviction.
5 (e) Any person in violation of this Section who is also
6 in violation of Section 7-601 of this Code relating to
7 mandatory insurance requirements, in addition to other
8 penalties imposed under this Section, shall have his or her
9 motor vehicle immediately impounded by the arresting law
10 enforcement officer. The motor vehicle may be released to
11 any licensed driver upon a showing of proof of insurance for
12 the vehicle that was impounded and the notarized written
13 consent for the release by the vehicle owner.
14 (f) For any prosecution under this Section, a certified
15 copy of the driving abstract of the defendant shall be
16 admitted as proof of any prior conviction.
17 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
18 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
19 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
20 Sec. 11-501. Driving while under the influence of
21 alcohol, other drug, or combination of both.
22 (a) A person shall not drive or be in actual physical
23 control of any vehicle within this State while:
24 (1) the alcohol concentration in the person's blood
25 or breath is 0.08 or more based on the definition of
26 blood and breath units in Section 11-501.2;
27 (2) under the influence of alcohol;
28 (3) under the influence of any other drug or
29 combination of drugs to a degree that renders the person
30 incapable of safely driving;
31 (4) under the combined influence of alcohol and any
32 other drug or drugs to a degree that renders the person
33 incapable of safely driving; or
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1 (5) there is any amount of a drug, substance, or
2 compound in the person's blood or urine resulting from
3 the unlawful use or consumption of cannabis listed in the
4 Cannabis Control Act, or a controlled substance listed in
5 the Illinois Controlled Substances Act.
6 (b) The fact that any person charged with violating this
7 Section is or has been legally entitled to use alcohol, or
8 other drugs, or any combination of both, shall not
9 constitute a defense against any charge of violating this
10 Section.
11 (c) Except as provided under paragraphs (c-3) and (d) of
12 this Section, every person convicted of violating this
13 Section or a similar provision of a local ordinance, shall be
14 guilty of a Class A misdemeanor and, in addition to any other
15 criminal or administrative action, for any second conviction
16 of violating this Section or a similar provision of a law of
17 another state or local ordinance committed within 5 years of
18 a previous violation of this Section or a similar provision
19 of a local ordinance shall be mandatorily sentenced to a
20 minimum of 48 consecutive hours of imprisonment or assigned
21 to a minimum of 100 hours of community service as may be
22 determined by the court. Every person convicted of violating
23 this Section or a similar provision of a local ordinance
24 shall be subject to a mandatory minimum fine of $500 and a
25 mandatory 5 days of community service in a program benefiting
26 children if the person committed a violation of paragraph (a)
27 or a similar provision of a local ordinance while
28 transporting a person under age 16. Every person convicted a
29 second time for violating this Section or a similar provision
30 of a local ordinance within 5 years of a previous violation
31 of this Section or a similar provision of a law of another
32 state or local ordinance shall be subject to a mandatory
33 minimum fine of $500 and 10 days of mandatory community
34 service in a program benefiting children if the current
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1 offense was committed while transporting a person under age
2 16. The imprisonment or assignment under this subsection
3 shall not be subject to suspension nor shall the person be
4 eligible for probation in order to reduce the sentence or
5 assignment.
6 (c-1) (1) A person who violates this Section during a
7 period in which his or her driving privileges are revoked
8 or suspended, where the revocation or suspension was for
9 a violation of this Section, or Section 11-501.1,
10 paragraph (b) of Section 11-401, or Section 9-3 of the
11 Criminal Code of 1961 is guilty of a Class 4 felony.
12 shall, unless sentenced to a term of imprisonment in the
13 penitentiary, in addition to any other criminal or
14 administrative action, be sentenced to a minimum term of
15 30 consecutive days of imprisonment, 40 days of 24 hour
16 periodic imprisonment or 720 hours of community service,
17 as may be determined by the court. This mandatory
18 minimum term of imprisonment or assignment of community
19 service shall not be suspended and shall not be subject
20 to reduction by the court.
21 (2) A person who violates this Section a third time
22 during a period in which his or her driving privileges
23 are revoked or suspended where the revocation or
24 suspension was for a violation of this Section, Section
25 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
26 of the Criminal Code of 1961 is guilty of a Class 3
27 felony.
28 (3) A person who violates this Section a fourth or
29 subsequent time during a period in which his or her
30 driving privileges are revoked or suspended where the
31 revocation or suspension was for a violation of this
32 Section, Section 11-501.1, paragraph (b) of Section
33 11-401, or Section 9-3 of the Criminal Code of 1961 is
34 guilty of a Class 2 felony.
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1 (c-2) (Blank).
2 (c-3) Every person convicted of violating this Section
3 or a similar provision of a local ordinance who had a child
4 under age 16 in the vehicle at the time of the offense shall
5 have his or her punishment under this Act enhanced by 2 days
6 of imprisonment for a first offense, 10 days of imprisonment
7 for a second offense, 30 days of imprisonment for a third
8 offense, and 90 days of imprisonment for a fourth or
9 subsequent offense, in addition to the fine and community
10 service required under subsection (c) and the possible
11 imprisonment required under subsection (d). The imprisonment
12 or assignment under this subsection shall not be subject to
13 suspension nor shall the person be eligible for probation in
14 order to reduce the sentence or assignment.
15 (d) (1) Every person convicted of committing a violation
16 of this Section shall be guilty of aggravated driving under
17 the influence of alcohol or drugs or a combination of both
18 if:
19 (A) the person committed a violation of this
20 Section, or a similar provision of a law of another state
21 or a local ordinance when the cause of action is the same
22 as or substantially similar to this Section, for the
23 third or subsequent time;
24 (B) the person committed a violation of paragraph
25 (a) while driving a school bus with children on board;
26 (C) the person in committing a violation of
27 paragraph (a) was involved in a motor vehicle accident
28 that resulted in great bodily harm or permanent
29 disability or disfigurement to another, when the
30 violation was a proximate cause of the injuries; or
31 (D) the person committed a violation of paragraph
32 (a) for a second time and has been previously convicted
33 of violating Section 9-3 of the Criminal Code of 1961
34 relating to reckless homicide in which the person was
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1 determined to have been under the influence of alcohol or
2 any other drug or drugs as an element of the offense or
3 the person has previously been convicted under
4 subparagraph (C) of this paragraph (1).
5 (2) Aggravated driving under the influence of alcohol or
6 drugs or a combination of both is a Class 4 felony for which
7 a person, if sentenced to a term of imprisonment, shall be
8 sentenced to not less than one year and not more than 3 years
9 for a violation of subparagraph (A), (B) or (D) of paragraph
10 (1) of this subsection (d) and not less than one year and not
11 more than 12 years for a violation of subparagraph (C) of
12 paragraph (1) of this subsection (d). For any prosecution
13 under this subsection (d), a certified copy of the driving
14 abstract of the defendant shall be admitted as proof of any
15 prior conviction.
16 (e) After a finding of guilt and prior to any final
17 sentencing, or an order for supervision, for an offense based
18 upon an arrest for a violation of this Section or a similar
19 provision of a local ordinance, individuals shall be required
20 to undergo a professional evaluation to determine if an
21 alcohol or other drug abuse problem exists and the extent of
22 the problem. Programs conducting these evaluations shall be
23 licensed by the Department of Human Services. The cost of
24 any professional evaluation shall be paid for by the
25 individual required to undergo the professional evaluation.
26 (f) Every person found guilty of violating this Section,
27 whose operation of a motor vehicle while in violation of this
28 Section proximately caused any incident resulting in an
29 appropriate emergency response, shall be liable for the
30 expense of an emergency response as provided under Section
31 5-5-3 of the Unified Code of Corrections.
32 (g) The Secretary of State shall revoke the driving
33 privileges of any person convicted under this Section or a
34 similar provision of a local ordinance.
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1 (h) Every person sentenced under subsection (d) of this
2 Section and who receives a term of probation or conditional
3 discharge shall be required to serve a minimum term of either
4 30 days community service or, beginning July 1, 1993, 48
5 consecutive hours of imprisonment as a condition of the
6 probation or conditional discharge. This mandatory minimum
7 term of imprisonment or assignment of community service shall
8 not be suspended and shall not be subject to reduction by the
9 court.
10 (i) The Secretary of State shall establish a pilot
11 program to test the effectiveness of ignition interlock
12 device requirements upon individuals who have been arrested
13 for a second or subsequent offense of this Section. The
14 Secretary shall establish by rule and regulation the
15 population and procedures for use of the interlock system.
16 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
17 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
18 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
19 10-24-97.)
20 Section 10. The Criminal Code of 1961 is amended by
21 changing Section 36-1 as follows:
22 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
23 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
24 used with the knowledge and consent of the owner in the
25 commission of, or in the attempt to commit as defined in
26 Section 8-4 of this Code, an offense prohibited by (a)
27 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
28 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
29 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
30 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
31 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
32 26 of the Cigarette Tax Act if the vessel, vehicle or
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1 aircraft contains more than 10 cartons of such cigarettes;
2 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
3 vessel, vehicle or aircraft contains more than 10 cartons of
4 such cigarettes; (d) Section 44 of the Environmental
5 Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
6 or (f) the offenses described in the following provisions of
7 the Illinois Vehicle Code: Section 11-501 subdivisions
8 (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be
9 seized and delivered forthwith to the sheriff of the county
10 of seizure.
11 Within 15 days after such delivery the sheriff shall give
12 notice of seizure to each person according to the following
13 method: Upon each such person whose right, title or interest
14 is of record in the office of the Secretary of State, the
15 Secretary of Transportation, the Administrator of the Federal
16 Aviation Agency, or any other Department of this State, or
17 any other state of the United States if such vessel, vehicle
18 or aircraft is required to be so registered, as the case may
19 be, by mailing a copy of the notice by certified mail to the
20 address as given upon the records of the Secretary of State,
21 the Department of Aeronautics, Department of Public Works and
22 Buildings or any other Department of this State or the United
23 States if such vessel, vehicle or aircraft is required to be
24 so registered. Within that 15 day period the sheriff shall
25 also notify the State's Attorney of the county of seizure
26 about the seizure.
27 In addition, any mobile or portable equipment used in the
28 commission of an act which is in violation of Section 7g of
29 the Metropolitan Water Reclamation District Act shall be
30 subject to seizure and forfeiture under the same procedures
31 provided in this Article for the seizure and forfeiture of
32 vessels, vehicles and aircraft, and any such equipment shall
33 be deemed a vessel, vehicle or aircraft for purposes of this
34 Article.
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1 When a person discharges a firearm at another individual
2 from a vehicle with the knowledge and consent of the owner of
3 the vehicle and with the intent to cause death or great
4 bodily harm to that individual and as a result causes death
5 or great bodily harm to that individual, the vehicle shall be
6 subject to seizure and forfeiture under the same procedures
7 provided in this Article for the seizure and forfeiture of
8 vehicles used in violations of clauses (a), (b), (c), or (d)
9 of this Section.
10 If the spouse of the owner of a vehicle seized for a
11 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
12 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
13 Vehicle Code or Section 9-3 of this Code makes a showing that
14 the seized vehicle is the only source of transportation and
15 it is determined that the financial hardship to the family as
16 a result of the seizure outweighs the benefit to the State
17 from the seizure, the vehicle may be forfeited to the spouse
18 or family member and the title to the vehicle shall be
19 transferred to the spouse or family member who is properly
20 licensed and who requires the use of the vehicle for
21 employment or family transportation purposes. A written
22 declaration of forfeiture of a vehicle under this Section
23 shall be sufficient cause for the title to be transferred to
24 the spouse or family member. The provisions of this
25 paragraph shall apply only to one forfeiture per vehicle. If
26 the vehicle is the subject of a subsequent forfeiture
27 proceeding by virtue of a subsequent conviction of either
28 spouse or the family member, the spouse or family member to
29 whom the vehicle was forfeited under the first forfeiture
30 proceeding may not utilize the provisions of this paragraph
31 in another forfeiture proceeding. If the owner of the
32 vehicle seized owns more than one vehicle, the procedure set
33 out in this paragraph may be used for only one vehicle.
34 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
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1 revised 10-15-97.)
2 Section 15. The Unified Code of Corrections is amended
3 by changing Section 5-6-1 as follows:
4 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
5 Sec. 5-6-1. Sentences of Probation and of Conditional
6 Discharge and Disposition of Supervision. The General
7 Assembly finds that in order to protect the public, the
8 criminal justice system must compel compliance with the
9 conditions of probation by responding to violations with
10 swift, certain and fair punishments and intermediate
11 sanctions. The Chief Judge of each circuit shall adopt a
12 system of structured, intermediate sanctions for violations
13 of the terms and conditions of a sentence of probation,
14 conditional discharge or disposition of supervision.
15 (a) Except where specifically prohibited by other
16 provisions of this Code, the court shall impose a sentence of
17 probation or conditional discharge upon an offender unless,
18 having regard to the nature and circumstance of the offense,
19 and to the history, character and condition of the offender,
20 the court is of the opinion that:
21 (1) his imprisonment or periodic imprisonment is
22 necessary for the protection of the public; or
23 (2) probation or conditional discharge would
24 deprecate the seriousness of the offender's conduct and
25 would be inconsistent with the ends of justice.
26 The court shall impose as a condition of a sentence of
27 probation, conditional discharge, or supervision, that the
28 probation agency may invoke any sanction from the list of
29 intermediate sanctions adopted by the chief judge of the
30 circuit court for violations of the terms and conditions of
31 the sentence of probation, conditional discharge, or
32 supervision, subject to the provisions of Section 5-6-4 of
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1 this Act.
2 (b) The court may impose a sentence of conditional
3 discharge for an offense if the court is of the opinion that
4 neither a sentence of imprisonment nor of periodic
5 imprisonment nor of probation supervision is appropriate.
6 (c) The court may, upon a plea of guilty or a
7 stipulation by the defendant of the facts supporting the
8 charge or a finding of guilt, defer further proceedings and
9 the imposition of a sentence, and enter an order for
10 supervision of the defendant, if the defendant is not charged
11 with a Class A misdemeanor, as defined by the following
12 provisions of the Criminal Code of 1961: Sections 12-3.2;
13 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
14 21-1; paragraph (1) through (5), (8), (10), and (11) of
15 subsection (a) of Section 24-1; and Section 1 of the Boarding
16 Aircraft With Weapon Act; or a felony. If the defendant is
17 not barred from receiving an order for supervision as
18 provided in this subsection, the court may enter an order for
19 supervision after considering the circumstances of the
20 offense, and the history, character and condition of the
21 offender, if the court is of the opinion that:
22 (1) the offender is not likely to commit further
23 crimes;
24 (2) the defendant and the public would be best
25 served if the defendant were not to receive a criminal
26 record; and
27 (3) in the best interests of justice an order of
28 supervision is more appropriate than a sentence otherwise
29 permitted under this Code.
30 (d) The provisions of paragraph (c) shall not apply to a
31 defendant charged with violating Section 11-501 of the
32 Illinois Vehicle Code or a similar provision of a local
33 ordinance when the defendant has previously been:
34 (1) convicted for a violation of Section 11-501 of
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1 the Illinois Vehicle Code or a similar provision of a
2 local ordinance; or
3 (2) assigned supervision for a violation of Section
4 11-501 of the Illinois Vehicle Code or a similar
5 provision of a local ordinance; or
6 (3) pleaded guilty to or stipulated to the facts
7 supporting a charge or a finding of guilty to a violation
8 of Section 11-503 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, and the plea or
10 stipulation was the result of a plea agreement.
11 The court shall consider the statement of the prosecuting
12 authority with regard to the standards set forth in this
13 Section.
14 (e) The provisions of paragraph (c) shall not apply to a
15 defendant charged with violating Section 16A-3 of the
16 Criminal Code of 1961 if said defendant has within the last 5
17 years been:
18 (1) convicted for a violation of Section 16A-3 of
19 the Criminal Code of 1961; or
20 (2) assigned supervision for a violation of Section
21 16A-3 of the Criminal Code of 1961.
22 The court shall consider the statement of the prosecuting
23 authority with regard to the standards set forth in this
24 Section.
25 (f) The provisions of paragraph (c) shall not apply to a
26 defendant charged with violating Sections 15-111, 15-112,
27 15-301, paragraph (b) of Section 6-104, Section 11-605, or
28 Section 11-1414 of the Illinois Vehicle Code or a similar
29 provision of a local ordinance.
30 (g) The provisions of paragraph (c) shall not apply to a
31 defendant charged with violating Section 3-707, 3-708, 3-710,
32 or 5-401.3 of the Illinois Vehicle Code or a similar
33 provision of a local ordinance if the defendant has within
34 the last 5 years been:
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1 (1) convicted for a violation of Section 3-707,
2 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
3 a similar provision of a local ordinance; or
4 (2) assigned supervision for a violation of Section
5 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
6 Code or a similar provision of a local ordinance.
7 The court shall consider the statement of the prosecuting
8 authority with regard to the standards set forth in this
9 Section.
10 (h) The provisions of paragraph (c) shall not apply to a
11 defendant under the age of 21 years charged with violating a
12 serious traffic offense as defined in Section 1-187.001 of
13 the Illinois Vehicle Code:
14 (1) unless the defendant, upon payment of the
15 fines, penalties, and costs provided by law, agrees to
16 attend and successfully complete a traffic safety program
17 approved by the court under standards set by the
18 Conference of Chief Circuit Judges. The accused shall be
19 responsible for payment of any traffic safety program
20 fees. If the accused fails to file a certificate of
21 successful completion on or before the termination date
22 of the supervision order, the supervision shall be
23 summarily revoked and conviction entered. The provisions
24 of Supreme Court Rule 402 relating to pleas of guilty do
25 not apply in cases when a defendant enters a guilty plea
26 under this provision; or
27 (2) if the defendant has previously been sentenced
28 under the provisions of paragraph (c) on or after January
29 1, 1998 for any serious traffic offense as defined in
30 Section 1-187.001 of the Illinois Vehicle Code.
31 (i) The provisions of paragraph (c) shall not apply to a
32 defendant charged with violating Section 6-303 of the
33 Illinois Vehicle Code or a similar provision of a local
34 ordinance when the revocation or suspension was for a
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1 violation of Section 11-501 or a similar provision of a local
2 ordinance, a violation of Section 11-501.1 or paragraph (b)
3 of Section 11-401 of the Illinois Vehicle Code, or a
4 violation of Section 9-3 of the Criminal Code of 1961 if the
5 defendant has within the last 10 years been:
6 (1) Convicted for a violation of Section 6-303 of
7 the Illinois Vehicle Code or a similar provision of a
8 local ordinance; or
9 (2) Assigned supervision for a violation of Section
10 6-303 of the Illinois Vehicle Code or a similar provision
11 of a local ordinance.
12 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
13 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
14 1-1-98.)