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90_HB2306sam001
LRB9006295RCksam01
1 AMENDMENT TO HOUSE BILL 2306
2 AMENDMENT NO. . Amend House Bill 2306 by replacing
3 the title with the following:
4 "AN ACT concerning driving violations, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 4-203, 6-118, 6-208, 6-303, and 11-501 as
10 follows:
11 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
12 Sec. 4-203. Removal of motor vehicles or other vehicles;
13 Towing or hauling away.
14 (a) When a vehicle is abandoned, or left unattended, on a
15 toll highway, interstate highway, or expressway for 2 hours
16 or more, its removal by a towing service may be authorized by
17 a law enforcement agency having jurisdiction.
18 (b) When a vehicle is abandoned on a highway in an urban
19 district 10 hours or more, its removal by a towing service
20 may be authorized by a law enforcement agency having
21 jurisdiction.
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1 (c) When a vehicle is abandoned or left unattended on a
2 highway other than a toll highway, interstate highway, or
3 expressway, outside of an urban district for 24 hours or
4 more, its removal by a towing service may be authorized by a
5 law enforcement agency having jurisdiction.
6 (d) When an abandoned, unattended, wrecked, burned or
7 partially dismantled vehicle is creating a traffic hazard
8 because of its position in relation to the highway or its
9 physical appearance is causing the impeding of traffic, its
10 immediate removal from the highway or private property
11 adjacent to the highway by a towing service may be authorized
12 by a law enforcement agency having jurisdiction.
13 (e) Whenever a peace officer reasonably believes that a
14 person under arrest for a violation of Section 11-501 of this
15 Code or a similar provision of a local ordinance is likely,
16 upon release, to commit a subsequent violation of Section
17 11-501, or a similar provision of a local ordinance, the
18 arresting officer shall have the vehicle which the person was
19 operating at the time of the arrest impounded for a period of
20 not more than 12 6 hours after the time of arrest. However,
21 such vehicle may be released by the arresting law enforcement
22 agency prior to the end of the impoundment period if:
23 (1) the vehicle was not owned by the person under
24 arrest, and the lawful owner requesting such release
25 possesses a valid operator's license, proof of ownership,
26 and would not, as determined by the arresting law
27 enforcement agency, indicate a lack of ability to operate
28 a motor vehicle in a safe manner, or who would otherwise,
29 by operating such motor vehicle, be in violation of this
30 Code; or
31 (2) the vehicle is owned by the person under
32 arrest, and the person under arrest gives permission to
33 another person to operate such vehicle, provided however,
34 that the other person possesses a valid operator's
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1 license and would not, as determined by the arresting law
2 enforcement agency, indicate a lack of ability to operate
3 a motor vehicle in a safe manner or who would otherwise,
4 by operating such motor vehicle, be in violation of this
5 Code.
6 (e-5) Whenever a registered owner of a vehicle is taken
7 into custody for operating the vehicle in violation of
8 Section 11-501 of this Code or a similar provision of a local
9 ordinance or Section 6-303 of this Code, a law enforcement
10 officer may have the vehicle immediately impounded for a
11 period not less than:
12 (1) 24 hours for a second violation of Section
13 11-501 of this Code or a similar provision of a local
14 ordinance or Section 6-303 of this Code or a combination
15 of these offenses; or
16 (2) 48 hours for a third violation of Section
17 11-501 of this Code or a similar provision of a local
18 ordinance or Section 6-303 of this Code or a combination
19 of these offenses.
20 The vehicle may be released sooner if the vehicle is
21 owned by the person under arrest and the person under arrest
22 gives permission to another person to operate the vehicle and
23 that other person possesses a valid operator's license and
24 would not, as determined by the arresting law enforcement
25 agency, indicate a lack of ability to operate a motor vehicle
26 in a safe manner or would otherwise, by operating the motor
27 vehicle, be in violation of this Code.
28 (f) Except as provided in Chapter 18a of this Code, the
29 owner or lessor of privately owned real property within this
30 State, or any person authorized by such owner or lessor, or
31 any law enforcement agency in the case of publicly owned real
32 property may cause any motor vehicle abandoned or left
33 unattended upon such property without permission to be
34 removed by a towing service without liability for the costs
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1 of removal, transportation or storage or damage caused by
2 such removal, transportation or storage. The towing or
3 removal of any vehicle from private property without the
4 consent of the registered owner or other legally authorized
5 person in control of the vehicle is subject to compliance
6 with the following conditions and restrictions:
7 1. Any towed or removed vehicle must be stored at
8 the site of the towing service's place of business. The
9 site must be open during business hours, and for the
10 purpose of redemption of vehicles, during the time that
11 the person or firm towing such vehicle is open for towing
12 purposes.
13 2. The towing service shall within 30 minutes of
14 completion of such towing or removal, notify the law
15 enforcement agency having jurisdiction of such towing or
16 removal, and the make, model, color and license plate
17 number of the vehicle, and shall obtain and record the
18 name of the person at the law enforcement agency to whom
19 such information was reported.
20 3. If the registered owner or legally authorized
21 person entitled to possession of the vehicle shall arrive
22 at the scene prior to actual removal or towing of the
23 vehicle, the vehicle shall be disconnected from the tow
24 truck and that person shall be allowed to remove the
25 vehicle without interference, upon the payment of a
26 reasonable service fee of not more than one half the
27 posted rate of the towing service as provided in
28 paragraph 6 of this subsection, for which a receipt shall
29 be given.
30 4. The rebate or payment of money or any other
31 valuable consideration from the towing service or its
32 owners, managers or employees to the owners or operators
33 of the premises from which the vehicles are towed or
34 removed, for the privilege of removing or towing those
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1 vehicles, is prohibited. Any individual who violates
2 this paragraph shall be guilty of a Class A misdemeanor.
3 5. Except for property appurtenant to and obviously
4 a part of a single family residence, and except for
5 instances where notice is personally given to the owner
6 or other legally authorized person in control of the
7 vehicle that the area in which that vehicle is parked is
8 reserved or otherwise unavailable to unauthorized
9 vehicles and they are subject to being removed at the
10 owner or operator's expense, any property owner or
11 lessor, prior to towing or removing any vehicle from
12 private property without the consent of the owner or
13 other legally authorized person in control of that
14 vehicle, must post a notice meeting the following
15 requirements:
16 a. The notice must be prominently placed at
17 each driveway access or curb cut allowing vehicular
18 access to the property within 5 feet from the public
19 right-of-way line. If there are no curbs or access
20 barriers, the sign must be posted not less than one
21 sign each 100 feet of lot frontage.
22 b. The notice must indicate clearly, in not
23 less than 2 inch high light-reflective letters on a
24 contrasting background, that unauthorized vehicles
25 will be towed away at the owner's expense.
26 c. The notice must also provide the name and
27 current telephone number of the towing service
28 towing or removing the vehicle.
29 d. The sign structure containing the required
30 notices must be permanently installed with the
31 bottom of the sign not less than 4 feet above ground
32 level, and must be continuously maintained on the
33 property for not less than 24 hours prior to the
34 towing or removing of any vehicle.
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1 6. Any towing service that tows or removes vehicles
2 and proposes to require the owner, operator, or person in
3 control of the vehicle to pay the costs of towing and
4 storage prior to redemption of the vehicle must file and
5 keep on record with the local law enforcement agency a
6 complete copy of the current rates to be charged for such
7 services, and post at the storage site an identical rate
8 schedule and any written contracts with property owners,
9 lessors, or persons in control of property which
10 authorize them to remove vehicles as provided in this
11 Section.
12 7. No person shall engage in the removal of
13 vehicles from private property as described in this
14 Section without filing a notice of intent in each
15 community where he intends to do such removal, and such
16 notice shall be filed at least 7 days before commencing
17 such towing.
18 8. No removal of a vehicle from private property
19 shall be done except upon express written instructions of
20 the owners or persons in charge of the private property
21 upon which the vehicle is said to be trespassing.
22 9. Vehicle entry for the purpose of removal shall
23 be allowed with reasonable care on the part of the person
24 or firm towing the vehicle. Such person or firm shall be
25 liable for any damages occasioned to the vehicle if such
26 entry is not in accordance with the standards of
27 reasonable care.
28 10. When a vehicle has been towed or removed
29 pursuant to this Section, it must be released to its
30 owner or custodian within one half hour after requested,
31 if such request is made during business hours. Any
32 vehicle owner or custodian or agent shall have the right
33 to inspect the vehicle before accepting its return, and
34 no release or waiver of any kind which would release the
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1 towing service from liability for damages incurred during
2 the towing and storage may be required from any vehicle
3 owner or other legally authorized person as a condition
4 of release of the vehicle. A detailed, signed receipt
5 showing the legal name of the towing service must be
6 given to the person paying towing or storage charges at
7 the time of payment, whether requested or not.
8 This Section shall not apply to law enforcement,
9 firefighting, rescue, ambulance, or other emergency vehicles
10 which are marked as such or to property owned by any
11 governmental entity.
12 When an authorized person improperly causes a motor
13 vehicle to be removed, such person shall be liable to the
14 owner or lessee of the vehicle for the cost or removal,
15 transportation and storage, any damages resulting from the
16 removal, transportation and storage, attorney's fee and court
17 costs.
18 Any towing or storage charges accrued shall be payable by
19 the use of any major credit card, in addition to being
20 payable in cash.
21 11. Towing companies shall also provide insurance
22 coverage for areas where vehicles towed under the
23 provisions of this Chapter will be impounded or otherwise
24 stored, and shall adequately cover loss by fire, theft or
25 other risks.
26 Any person who fails to comply with the conditions and
27 restrictions of this subsection shall be guilty of a Class C
28 misdemeanor and shall be fined not less than $100 nor more
29 than $500.
30 (g) When a vehicle is determined to be a hazardous
31 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
32 the Illinois Municipal Code, its removal and impoundment by a
33 towing service may be authorized by a law enforcement agency
34 with appropriate jurisdiction.
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1 When a vehicle removal from either public or private
2 property is authorized by a law enforcement agency, the owner
3 of the vehicle shall be responsible for all towing and
4 storage charges.
5 Vehicles removed from public or private property and
6 stored by a commercial vehicle relocator or any other towing
7 service in compliance with this Section and Sections 4-201
8 and 4-202 of this Code, shall be subject to a possessor lien
9 for services pursuant to "An Act concerning liens for labor,
10 services, skill or materials furnished upon or storage
11 furnished for chattels", filed July 24, 1941, as amended, and
12 the provisions of Section 1 of that Act relating to notice
13 and implied consent shall be deemed satisfied by compliance
14 with Section 18a-302 and subsection (6) of Section 18a-300.
15 In no event shall such lien be greater than the rate or rates
16 established in accordance with subsection (6) of Section
17 18a-200 of this Code. In no event shall such lien be
18 increased or altered to reflect any charge for services or
19 materials rendered in addition to those authorized by this
20 Act. Every such lien shall be payable by use of any major
21 credit card, in addition to being payable in cash.
22 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
23 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
24 Sec. 6-118. Fees.
25 (a) The fee for licenses and permits under this Article
26 is as follows:
27 Original driver's license.............................$10
28 Original or renewal driver's license
29 issued to 18, 19 and 20 year olds..................5
30 All driver's licenses for persons
31 age 69 through age 80..............................5
32 All driver's licenses for persons
33 age 81 through age 86..............................2
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1 All driver's licenses for persons
2 age 87 or older....................................0
3 Renewal driver's license (except for
4 applicants ages 18, 19 and 20 or
5 age 69 and older).................................10
6 Original instruction permit issued to
7 persons (except those age 69 and older)
8 who do not hold or have not previously
9 held an Illinois instruction permit or
10 driver's license..................................20
11 Instruction permit issued to any person
12 holding an Illinois driver's license
13 who wishes a change in classifications,
14 other than at the time of renewal..................5
15 Any instruction permit issued to a person
16 age 69 and older...................................5
17 Instruction permit issued to any person,
18 under age 69, not currently holding a
19 valid Illinois driver's license or
20 instruction permit but who has
21 previously been issued either document
22 in Illinois.......................................10
23 Restricted driving permit...............................8
24 Duplicate or corrected driver's license
25 or permit..........................................5
26 Duplicate or corrected restricted
27 driving permit.....................................5
28 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
29 The fees for commercial driver licenses and permits
30 under Article V shall be as follows:
31 Commercial driver's license:
32 $6 for the CDLIS/AAMVAnet Fund
33 (Commercial Driver's License Information
34 System/American Association of Motor Vehicle
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1 Administrators network Trust Fund);
2 $10 for the driver's license;
3 and $24 for the CDL:.............................$40
4 Renewal commercial driver's license:
5 $6 for the CDLIS/AAMVAnet Trust Fund;
6 $10 for the driver's license; and
7 $24 for the CDL:.................................$40
8 Commercial driver instruction permit
9 issued to any person holding a valid
10 Illinois driver's license for the
11 purpose of changing to a
12 CDL classification: $6 for the
13 CDLIS/AAMVAnet Trust Fund; and
14 $24 for the CDL classification...................$30
15 Commercial driver instruction permit
16 issued to any person holding a valid
17 Illinois CDL for the purpose of
18 making a change in a classification,
19 endorsement or restriction........................$5
20 CDL duplicate or corrected license.....................$5
21 In order to ensure the proper implementation of the
22 Uniform Commercial Driver License Act, Article V of this
23 Chapter, the Secretary of State is empowered to pro-rate the
24 $24 fee for the commercial driver's license proportionate to
25 the expiration date of the applicant's Illinois driver's
26 license.
27 The fee for any duplicate license or permit shall be
28 waived for any person age 60 or older who presents the
29 Secretary of State's office with a police report showing that
30 his license or permit was stolen.
31 No additional fee shall be charged for a driver's
32 license, or for a commercial driver's license, when issued to
33 the holder of an instruction permit for the same
34 classification or type of license who becomes eligible for
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1 such license.
2 (b) Any person whose license or privilege to operate a
3 motor vehicle in this State has been suspended or revoked
4 under any provision of Chapter 6, Chapter 11, or Section
5 7-702 of the Family Financial Responsibility Law of this
6 Code, shall in addition to any other fees required by this
7 Code, pay a reinstatement fee as follows:
8 Summary suspension under Section 11-501.1.............$60
9 Other suspension......................................$30
10 Revocation............................................$60
11 However, any person whose license or privilege to operate
12 a motor vehicle in this State has been suspended or revoked
13 for a second or subsequent time for a violation of Section
14 11-501 or 11-501.1 of this Code or a similar provision of a
15 local ordinance or Section 9-3 of the Criminal Code of 1961
16 and each suspension or revocation was for a violation of
17 Section 11-501 or 11-501.1 of this Code or a similar
18 provision of a local ordinance or Section 9-3 of the Criminal
19 Code of 1961 shall pay, in addition to any other fees
20 required by this Code, a reinstatement fee as follows:
21 Summary suspension under Section 11-501.1............$250
22 Revocation...........................................$250
23 (c) All fees collected under the provisions of this
24 Chapter 6 shall be paid into the Road Fund in the State
25 Treasury except as follows:
26 1. The following amounts shall be paid into the
27 Driver Education Fund:
28 (A) $16 of the $20 fee for an original
29 driver's instruction permit;
30 (B) $5 of the $10 fee for an original driver's
31 license;
32 (C) $5 of the $10 fee for a 4 year renewal
33 driver's license; and
34 (D) $4 of the $8 fee for a restricted driving
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1 permit.
2 2. $30 of the $60 fee for reinstatement of a license
3 summarily suspended under Section 11-501.1 shall be
4 deposited into the Drunk and Drugged Driving Prevention
5 Fund. However, for a person whose license or privilege
6 to operate a motor vehicle in this State has been
7 suspended or revoked for a second or subsequent time for
8 a violation of Section 11-501 or 11-501.1 of this Code or
9 Section 9-3 of the Criminal Code of 1961, $190 of the
10 $250 fee for reinstatement of a license summarily
11 suspended under Section 11-501.1, and $190 of the $250
12 fee for reinstatement of a revoked license shall be
13 deposited into the Drunk and Drugged Driving Prevention
14 Fund.
15 3. $6 of such original or renewal fee for a
16 commercial driver's license and $6 of the commercial
17 driver instruction permit fee when such permit is issued
18 to any person holding a valid Illinois driver's license,
19 shall be paid into the CDLIS/AAMVAnet Trust Fund.
20 4. The $30 fee for reinstatement of a license
21 suspended under the Family Financial Responsibility Law
22 shall be paid into the Family Responsibility Fund.
23 (Source: P.A. 89-92, eff. 7-1-96.)
24 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
25 Sec. 6-208. Period of Suspension - Application After
26 Revocation.
27 (a) Except as otherwise provided by this Code or any
28 other law of this State, the Secretary of State shall not
29 suspend a driver's license, permit or privilege to drive a
30 motor vehicle on the highways for a period of more than one
31 year.
32 (b) Any person whose license, permit or privilege to
33 drive a motor vehicle on the highways has been revoked shall
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1 not be entitled to have such license, permit or privilege
2 renewed or restored. However, such person may, except as
3 provided under subsection (d) of Section 6-205, make
4 application for a license pursuant to Section 6-106 if the
5 revocation was for a cause which has been removed or:
6 1. Except as provided in subparagraphs 2, and 3,
7 and 4, after the expiration of one year from the
8 effective date of the revocation or, in the case of a
9 violation of paragraph (b) of Section 11-401 of this Code
10 or a similar provision of a local ordinance, after the
11 expiration of 3 years from the effective date of the
12 revocation or, in the case of a violation of Section 9-3
13 of the Criminal Code of 1961 relating to the offense of
14 reckless homicide, after the expiration of 2 years from
15 the effective date of the revocation; or
16 2. If such person is convicted of committing a
17 second violation within a 20 year period of:
18 - Section 11-501 of this Code, or a similar
19 provision of a local ordinance; or
20 - Paragraph (b) of Section 11-401 of this Code,
21 or a similar provision of a local ordinance; or
22 - Section 9-3 of the Criminal Code of 1961, as
23 amended, relating to the offense of reckless
24 homicide; or
25 - any combination of the above offenses
26 committed at different instances;
27 then such person may not make application for a license
28 until after the expiration of 5 years from the effective
29 date of the most recent revocation. The 20 year period
30 shall be computed by using the dates the offenses were
31 committed and shall also include similar out-of-state
32 offenses.
33 3. However, except as provided in subparagraph 4,
34 if such person is convicted of committing a third, or
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1 subsequent, violation or any combination of the above
2 offenses, including similar out-of-state offenses,
3 contained in subparagraph 2, then such person may not
4 make application for a license until after the expiration
5 of 10 years from the effective date of the most recent
6 revocation.
7 4. The person may not make application for a
8 license if the person is convicted of committing a fourth
9 or subsequent violation of Section 11-501 of this Code or
10 a similar provision of a local ordinance, paragraph (b)
11 of Section 11-401 of this Code, Section 9-3 of the
12 Criminal Code of 1961, or a combination of these offenses
13 or similar provisions of local ordinances or similar
14 out-of-state offenses if the original revocation or
15 suspension was for a violation of Section 11-501 or
16 11-501.1 of this Code or a similar provision of a local
17 ordinance.
18 Notwithstanding any other provision of this Code, all
19 persons referred to in this paragraph (b) may not have their
20 privileges restored until the Secretary receives payment of
21 the required reinstatement fee pursuant to subsection (b) of
22 Section 6-118.
23 In no event shall the Secretary issue such license unless
24 and until such person has had a hearing pursuant to this Code
25 and the appropriate administrative rules and the Secretary is
26 satisfied, after a review or investigation of such person,
27 that to grant the privilege of driving a motor vehicle on the
28 highways will not endanger the public safety or welfare.
29 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
30 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
31 Sec. 6-208.1. Period of statutory summary alcohol or
32 other drug related suspension.
33 (a) Unless the statutory summary suspension has been
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1 rescinded, any person whose privilege to drive a motor
2 vehicle on the public highways has been summarily suspended,
3 pursuant to Section 11-501.1, shall not be eligible for
4 restoration of the privilege until the expiration of:
5 1. Six months from the effective date of the
6 statutory summary suspension for a refusal or failure to
7 complete a test or tests to determine the alcohol or drug
8 concentration, pursuant to Section 11-501.1; or
9 2. Three months from the effective date of the
10 statutory summary suspension imposed following the
11 person's submission to a chemical test which disclosed an
12 alcohol concentration of 0.08 or more, or any amount of a
13 drug, substance or compound in such person's blood or
14 urine resulting from the unlawful use or consumption of
15 cannabis listed in the Cannabis Control Act or a
16 controlled substance listed in the Illinois Controlled
17 Substances Act, pursuant to Section 11-501.1; or
18 3. Three Two years from the effective date of the
19 statutory summary suspension for any person other than a
20 first offender who refuses or fails to complete a test or
21 tests to determine the alcohol or drug concentration
22 pursuant to Section 11-501.1; or
23 4. One year from the effective date of the summary
24 suspension imposed for any person other than a first
25 offender following submission to a chemical test which
26 disclosed an alcohol concentration of 0.08 or more
27 pursuant to Section 11-501.1 or any amount of a drug,
28 substance or compound in such person's blood or urine
29 resulting from the unlawful use or consumption of
30 cannabis listed in the Cannabis Control Act or a
31 controlled substance listed in the Illinois Controlled
32 Substances Act.
33 (b) Following a statutory summary suspension of the
34 privilege to drive a motor vehicle under Section 11-501.1,
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1 full driving privileges shall be restored unless the person
2 is otherwise disqualified by this Code. If the court has
3 reason to believe that the person's driving privilege should
4 not be restored, the court shall notify the Secretary of
5 State prior to the expiration of the statutory summary
6 suspension so appropriate action may be taken pursuant to
7 this Code.
8 (c) Full driving privileges may not be restored until
9 all applicable reinstatement fees, as provided by this Code,
10 have been paid to the Secretary of State and the appropriate
11 entry made to the driver's record.
12 (d) Where a driving privilege has been summarily
13 suspended under Section 11-501.1 and the person is
14 subsequently convicted of violating Section 11-501, or a
15 similar provision of a local ordinance, for the same
16 incident, any period served on statutory summary suspension
17 shall be credited toward the minimum period of revocation of
18 driving privileges imposed pursuant to Section 6-205.
19 (e) Following a statutory summary suspension of driving
20 privileges pursuant to Section 11-501.1, for a first
21 offender, the circuit court may, after at least 30 days from
22 the effective date of the statutory summary suspension, issue
23 a judicial driving permit as provided in Section 6-206.1.
24 (f) Subsequent to an arrest of a first offender, for any
25 offense as defined in Section 11-501 or a similar provision
26 of a local ordinance, following a statutory summary
27 suspension of driving privileges pursuant to Section
28 11-501.1, for a first offender, the circuit court may issue a
29 court order directing the Secretary of State to issue a
30 judicial driving permit as provided in Section 6-206.1.
31 However, this JDP shall not be effective prior to the 31st
32 day of the statutory summary suspension.
33 (g) Following a statutory summary suspension of driving
34 privileges pursuant to Section 11-501.1 where the person was
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1 not a first offender, as defined in Section 11-500 and such
2 person refused or failed to complete a test or tests to
3 determine the alcohol or drug concentration pursuant to
4 Section 11-501.1, the Secretary of State may shall not issue
5 a restricted driving permit if at least 2 years have elapsed
6 since the effective date of the statutory summary suspension.
7 (h) Following a statutory summary suspension of driving
8 privileges pursuant to Section 11-501.1 where the person was
9 not a first offender as defined in Section 11-500 and such
10 person submitted to a chemical test which disclosed an
11 alcohol concentration of 0.08 or more pursuant to Section
12 11-501.1, the Secretary of State may, after at least 90 days
13 from the effective date of the statutory summary suspension,
14 issue a restricted driving permit.
15 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
16 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
17 Sec. 6-303. Driving while driver's license, permit or
18 privilege to operate a motor vehicle is suspended or revoked.
19 (a) Any person who drives or is in actual physical
20 control of a motor vehicle on any highway of this State at a
21 time when such person's driver's license, permit or privilege
22 to do so or the privilege to obtain a driver's license or
23 permit is revoked or suspended as provided by this Code or
24 the law of another state, except as may be specifically
25 allowed by a judicial driving permit, family financial
26 responsibility driving permit, probationary license to drive,
27 or a restricted driving permit issued pursuant to this Code
28 or under the law of another state, shall be guilty of a Class
29 A misdemeanor.
30 (b) The Secretary of State upon receiving a report of
31 the conviction of any violation indicating a person was
32 operating a motor vehicle during the time when said person's
33 driver's license, permit or privilege was suspended by the
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1 Secretary, by the appropriate authority of another state, or
2 pursuant to Section 11-501.1; except as may be specifically
3 allowed by a probationary license to drive, judicial driving
4 permit or restricted driving permit issued pursuant to this
5 Code or the law of another state; shall extend the suspension
6 for the same period of time as the originally imposed
7 suspension; however, if the period of suspension has then
8 expired, the Secretary shall be authorized to suspend said
9 person's driving privileges for the same period of time as
10 the originally imposed suspension; and if the conviction was
11 upon a charge which indicated that a vehicle was operated
12 during the time when the person's driver's license, permit or
13 privilege was revoked; except as may be allowed by a
14 restricted driving permit issued pursuant to this Code or the
15 law of another state; the Secretary shall not issue a
16 driver's license for an additional period of one year from
17 the date of such conviction indicating such person was
18 operating a vehicle during such period of revocation.
19 (c) Any person convicted of violating this Section shall
20 serve a minimum term of imprisonment of 7 consecutive days or
21 30 days of community service when the person's driving
22 privilege was revoked or suspended as a result of:
23 (1) a violation of Section 11-501 of this Code or a
24 similar provision of a local ordinance relating to the
25 offense of operating or being in physical control of a
26 vehicle while under the influence of alcohol, any other
27 drug or any combination thereof; or
28 (2) a violation of paragraph (b) of Section 11-401
29 of this Code or a similar provision of a local ordinance
30 relating to the offense of leaving the scene of a motor
31 vehicle accident involving personal injury or death; or
32 (3) a violation of Section 9-3 of the Criminal Code
33 of 1961, as amended, relating to the offense of reckless
34 homicide; or
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1 (4) a statutory summary suspension under Section
2 11-501.1 of this Code.
3 Such sentence of imprisonment or community service shall
4 not be subject to suspension in order to reduce such
5 sentence.
6 (d) Any person convicted of a second or subsequent
7 violation of this Section shall be guilty of a Class 4 felony
8 if the original revocation or suspension was for a violation
9 of Section 11-401 or 11-501 of this Code, or a similar
10 out-of-state offense, or a similar provision of a local
11 ordinance, a violation of Section 9-3 of the Criminal Code of
12 1961, relating to the offense of reckless homicide, or a
13 similar out-of-state offense, or a statutory summary
14 suspension under Section 11-501.1 of this Code. For any
15 prosecution under this Section, a certified copy of the
16 driving abstract of the defendant shall be admitted as proof
17 of any prior conviction.
18 (e) Any person in violation of this Section who is also
19 in violation of Section 7-601 of this Code relating to
20 mandatory insurance requirements, in addition to other
21 penalties imposed under this Section, shall have his or her
22 motor vehicle immediately impounded by the arresting law
23 enforcement officer. The motor vehicle may be released to
24 any licensed driver upon a showing of proof of insurance for
25 the vehicle that was impounded and the notarized written
26 consent for the release by the vehicle owner.
27 (f) For any prosecution under this Section, a certified
28 copy of the driving abstract of the defendant shall be
29 admitted as proof of any prior conviction.
30 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
31 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
32 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
33 Sec. 11-501. Driving while under the influence of
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1 alcohol, other drug, or combination of both.
2 (a) A person shall not drive or be in actual physical
3 control of any vehicle within this State while:
4 (1) the alcohol concentration in the person's blood
5 or breath is 0.08 or more based on the definition of
6 blood and breath units in Section 11-501.2;
7 (2) under the influence of alcohol;
8 (3) under the influence of any other drug or
9 combination of drugs to a degree that renders the person
10 incapable of safely driving;
11 (4) under the combined influence of alcohol and any
12 other drug or drugs to a degree that renders the person
13 incapable of safely driving; or
14 (5) there is any amount of a drug, substance, or
15 compound in the person's blood or urine resulting from
16 the unlawful use or consumption of cannabis listed in the
17 Cannabis Control Act, or a controlled substance listed in
18 the Illinois Controlled Substances Act.
19 (b) The fact that any person charged with violating this
20 Section is or has been legally entitled to use alcohol, or
21 other drugs, or any combination of both, shall not
22 constitute a defense against any charge of violating this
23 Section.
24 (c) Except as provided under paragraphs (c-3) and (d) of
25 this Section, every person convicted of violating this
26 Section or a similar provision of a local ordinance, shall be
27 guilty of a Class A misdemeanor and, in addition to any other
28 criminal or administrative action, for any second conviction
29 of violating this Section or a similar provision of a law of
30 another state or local ordinance committed within 5 years of
31 a previous violation of this Section or a similar provision
32 of a local ordinance shall be mandatorily sentenced to a
33 minimum of 48 consecutive hours of imprisonment or assigned
34 to a minimum of 100 hours of community service as may be
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1 determined by the court. Every person convicted of violating
2 this Section or a similar provision of a local ordinance
3 shall be subject to a mandatory minimum fine of $500 and a
4 mandatory 5 days of community service in a program benefiting
5 children if the person committed a violation of paragraph (a)
6 or a similar provision of a local ordinance while
7 transporting a person under age 16. Every person convicted a
8 second time for violating this Section or a similar provision
9 of a local ordinance within 5 years of a previous violation
10 of this Section or a similar provision of a law of another
11 state or local ordinance shall be subject to a mandatory
12 minimum fine of $500 and 10 days of mandatory community
13 service in a program benefiting children if the current
14 offense was committed while transporting a person under age
15 16. The imprisonment or assignment under this subsection
16 shall not be subject to suspension nor shall the person be
17 eligible for probation in order to reduce the sentence or
18 assignment.
19 (c-1) (1) A person who violates this Section during a
20 period in which his or her driving privileges are revoked
21 or suspended, where the revocation or suspension was for
22 a violation of this Section, or Section 11-501.1,
23 paragraph (b) of Section 11-401, or Section 9-3 of the
24 Criminal Code of 1961 is guilty of a Class 4 felony.
25 shall, unless sentenced to a term of imprisonment in the
26 penitentiary, in addition to any other criminal or
27 administrative action, be sentenced to a minimum term of
28 30 consecutive days of imprisonment, 40 days of 24 hour
29 periodic imprisonment or 720 hours of community service,
30 as may be determined by the court. This mandatory
31 minimum term of imprisonment or assignment of community
32 service shall not be suspended and shall not be subject
33 to reduction by the court.
34 (2) A person who violates this Section a third time
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1 during a period in which his or her driving privileges
2 are revoked or suspended where the revocation or
3 suspension was for a violation of this Section, Section
4 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
5 of the Criminal Code of 1961 is guilty of a class 3
6 felony.
7 (3) A person who violates this Section a fourth or
8 subsequent time during a period in which his or her
9 driving privileges are revoked or suspended where the
10 revocation or suspension was for a violation of this
11 Section, Section 11-501.1, paragraph (b) of Section
12 11-401, or Section 9-3 of the Criminal Code of 1961 is
13 guilty of a class 2 felony.
14 (c-2) (Blank).
15 (c-3) Every person convicted of violating this Section
16 or a similar provision of a local ordinance who had a child
17 under age 16 in the vehicle at the time of the offense shall
18 have his or her punishment under this Act enhanced by 2 days
19 of imprisonment for a first offense, 10 days of imprisonment
20 for a second offense, 30 days of imprisonment for a third
21 offense, and 90 days of imprisonment for a fourth or
22 subsequent offense, in addition to the fine and community
23 service required under subsection (c) and the possible
24 imprisonment required under subsection (d). The imprisonment
25 or assignment under this subsection shall not be subject to
26 suspension nor shall the person be eligible for probation in
27 order to reduce the sentence or assignment.
28 (d) (1) Every person convicted of committing a violation
29 of this Section shall be guilty of aggravated driving under
30 the influence of alcohol or drugs or a combination of both
31 if:
32 (A) the person committed a violation of this
33 Section, or a similar provision of a law of another state
34 or a local ordinance when the cause of action is the same
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1 as or substantially similar to this Section, for the
2 third or subsequent time;
3 (B) the person committed a violation of paragraph
4 (a) while driving a school bus with children on board;
5 (C) the person in committing a violation of
6 paragraph (a) was involved in a motor vehicle accident
7 that resulted in great bodily harm or permanent
8 disability or disfigurement to another, when the
9 violation was a proximate cause of the injuries; or
10 (D) the person committed a violation of paragraph
11 (a) for a second time and has been previously convicted
12 of violating Section 9-3 of the Criminal Code of 1961
13 relating to reckless homicide in which the person was
14 determined to have been under the influence of alcohol or
15 any other drug or drugs as an element of the offense or
16 the person has previously been convicted under
17 subparagraph (C) of this paragraph (1).
18 (2) Aggravated driving under the influence of alcohol or
19 drugs or a combination of both is a Class 4 felony for which
20 a person, if sentenced to a term of imprisonment, shall be
21 sentenced to not less than one year and not more than 3 years
22 for a violation of subparagraph (A), (B) or (D) of paragraph
23 (1) of this subsection (d) and not less than one year and not
24 more than 12 years for a violation of subparagraph (C) of
25 paragraph (1) of this subsection (d). For any prosecution
26 under this subsection (d), a certified copy of the driving
27 abstract of the defendant shall be admitted as proof of any
28 prior conviction.
29 (e) After a finding of guilt and prior to any final
30 sentencing, or an order for supervision, for an offense based
31 upon an arrest for a violation of this Section or a similar
32 provision of a local ordinance, individuals shall be required
33 to undergo a professional evaluation to determine if an
34 alcohol or other drug abuse problem exists and the extent of
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1 the problem. Programs conducting these evaluations shall be
2 licensed by the Department of Human Services. The cost of
3 any professional evaluation shall be paid for by the
4 individual required to undergo the professional evaluation.
5 (f) Every person found guilty of violating this Section,
6 whose operation of a motor vehicle while in violation of this
7 Section proximately caused any incident resulting in an
8 appropriate emergency response, shall be liable for the
9 expense of an emergency response as provided under Section
10 5-5-3 of the Unified Code of Corrections.
11 (g) The Secretary of State shall revoke the driving
12 privileges of any person convicted under this Section or a
13 similar provision of a local ordinance.
14 (h) Every person sentenced under subsection (d) of this
15 Section and who receives a term of probation or conditional
16 discharge shall be required to serve a minimum term of either
17 30 days community service or, beginning July 1, 1993, 48
18 consecutive hours of imprisonment as a condition of the
19 probation or conditional discharge. This mandatory minimum
20 term of imprisonment or assignment of community service shall
21 not be suspended and shall not be subject to reduction by the
22 court.
23 (i) The Secretary of State shall establish a pilot
24 program to test the effectiveness of ignition interlock
25 device requirements upon individuals who have been arrested
26 for a second or subsequent offense of this Section. The
27 Secretary shall establish by rule and regulation the
28 population and procedures for use of the interlock system.
29 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
30 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
31 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
32 10-24-97.)
33 Section 10. The Criminal Code of 1961 is amended by
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1 changing Section 36-1 as follows:
2 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
3 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
4 used with the knowledge and consent of the owner in the
5 commission of, or in the attempt to commit as defined in
6 Section 8-4 of this Code, an offense prohibited by (a)
7 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
8 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
9 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
10 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
11 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
12 26 of the Cigarette Tax Act if the vessel, vehicle or
13 aircraft contains more than 10 cartons of such cigarettes;
14 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
15 vessel, vehicle or aircraft contains more than 10 cartons of
16 such cigarettes; (d) Section 44 of the Environmental
17 Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
18 or (f) the offenses described in the following provisions of
19 the Illinois Vehicle Code: Section 11-501 subdivisions
20 (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be
21 seized and delivered forthwith to the sheriff of the county
22 of seizure.
23 Within 15 days after such delivery the sheriff shall give
24 notice of seizure to each person according to the following
25 method: Upon each such person whose right, title or interest
26 is of record in the office of the Secretary of State, the
27 Secretary of Transportation, the Administrator of the Federal
28 Aviation Agency, or any other Department of this State, or
29 any other state of the United States if such vessel, vehicle
30 or aircraft is required to be so registered, as the case may
31 be, by mailing a copy of the notice by certified mail to the
32 address as given upon the records of the Secretary of State,
33 the Department of Aeronautics, Department of Public Works and
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1 Buildings or any other Department of this State or the United
2 States if such vessel, vehicle or aircraft is required to be
3 so registered. Within that 15 day period the sheriff shall
4 also notify the State's Attorney of the county of seizure
5 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 If the spouse of the owner of a vehicle seized for a
24 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
25 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
26 Vehicle Code or Section 9-3 of this Code makes a showing that
27 the seized vehicle is the only source of transportation and
28 it is determined that the financial hardship to the family as
29 a result of the seizure outweighs the benefit to the State
30 from the seizure, the vehicle may be forfeited to the spouse
31 or family member and the title to the vehicle shall be
32 transferred to the spouse or family member who is properly
33 licensed and who requires the use of the vehicle for
34 employment or family transportation purposes. A written
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1 declaration of forfeiture of a vehicle under this Section
2 shall be sufficient cause for the title to be transferred to
3 the spouse or family member. The provisions of this
4 paragraph shall apply only to one forfeiture per vehicle. If
5 the vehicle is the subject of a subsequent forfeiture
6 proceeding by virtue of a subsequent conviction of either
7 spouse or the family member, the spouse or family member to
8 whom the vehicle was forfeited under the first forfeiture
9 proceeding may not utilize the provisions of this paragraph
10 in another forfeiture proceeding. If the owner of the
11 vehicle seized owns more than one vehicle, the procedure set
12 out in this paragraph may be used for only one vehicle.
13 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
14 revised 10-15-97.)
15 Section 15. The Unified Code of Corrections is amended
16 by changing Section 5-6-1 as follows:
17 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
18 Sec. 5-6-1. Sentences of Probation and of Conditional
19 Discharge and Disposition of Supervision. The General
20 Assembly finds that in order to protect the public, the
21 criminal justice system must compel compliance with the
22 conditions of probation by responding to violations with
23 swift, certain and fair punishments and intermediate
24 sanctions. The Chief Judge of each circuit shall adopt a
25 system of structured, intermediate sanctions for violations
26 of the terms and conditions of a sentence of probation,
27 conditional discharge or disposition of supervision.
28 (a) Except where specifically prohibited by other
29 provisions of this Code, the court shall impose a sentence of
30 probation or conditional discharge upon an offender unless,
31 having regard to the nature and circumstance of the offense,
32 and to the history, character and condition of the offender,
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1 the court is of the opinion that:
2 (1) his imprisonment or periodic imprisonment is
3 necessary for the protection of the public; or
4 (2) probation or conditional discharge would
5 deprecate the seriousness of the offender's conduct and
6 would be inconsistent with the ends of justice.
7 The court shall impose as a condition of a sentence of
8 probation, conditional discharge, or supervision, that the
9 probation agency may invoke any sanction from the list of
10 intermediate sanctions adopted by the chief judge of the
11 circuit court for violations of the terms and conditions of
12 the sentence of probation, conditional discharge, or
13 supervision, subject to the provisions of Section 5-6-4 of
14 this Act.
15 (b) The court may impose a sentence of conditional
16 discharge for an offense if the court is of the opinion that
17 neither a sentence of imprisonment nor of periodic
18 imprisonment nor of probation supervision is appropriate.
19 (c) The court may, upon a plea of guilty or a
20 stipulation by the defendant of the facts supporting the
21 charge or a finding of guilt, defer further proceedings and
22 the imposition of a sentence, and enter an order for
23 supervision of the defendant, if the defendant is not charged
24 with a Class A misdemeanor, as defined by the following
25 provisions of the Criminal Code of 1961: Sections 12-3.2;
26 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
27 21-1; paragraph (1) through (5), (8), (10), and (11) of
28 subsection (a) of Section 24-1; and Section 1 of the Boarding
29 Aircraft With Weapon Act; or a felony. If the defendant is
30 not barred from receiving an order for supervision as
31 provided in this subsection, the court may enter an order for
32 supervision after considering the circumstances of the
33 offense, and the history, character and condition of the
34 offender, if the court is of the opinion that:
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1 (1) the offender is not likely to commit further
2 crimes;
3 (2) the defendant and the public would be best
4 served if the defendant were not to receive a criminal
5 record; and
6 (3) in the best interests of justice an order of
7 supervision is more appropriate than a sentence otherwise
8 permitted under this Code.
9 (d) The provisions of paragraph (c) shall not apply to a
10 defendant charged with violating Section 11-501 of the
11 Illinois Vehicle Code or a similar provision of a local
12 ordinance when the defendant has previously been:
13 (1) convicted for a violation of Section 11-501 of
14 the Illinois Vehicle Code or a similar provision of a
15 local ordinance; or
16 (2) assigned supervision for a violation of Section
17 11-501 of the Illinois Vehicle Code or a similar
18 provision of a local ordinance; or
19 (3) pleaded guilty to or stipulated to the facts
20 supporting a charge or a finding of guilty to a violation
21 of Section 11-503 of the Illinois Vehicle Code or a
22 similar provision of a local ordinance, and the plea or
23 stipulation was the result of a plea agreement.
24 The court shall consider the statement of the prosecuting
25 authority with regard to the standards set forth in this
26 Section.
27 (e) The provisions of paragraph (c) shall not apply to a
28 defendant charged with violating Section 16A-3 of the
29 Criminal Code of 1961 if said defendant has within the last 5
30 years been:
31 (1) convicted for a violation of Section 16A-3 of
32 the Criminal Code of 1961; or
33 (2) assigned supervision for a violation of Section
34 16A-3 of the Criminal Code of 1961.
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1 The court shall consider the statement of the prosecuting
2 authority with regard to the standards set forth in this
3 Section.
4 (f) The provisions of paragraph (c) shall not apply to a
5 defendant charged with violating Sections 15-111, 15-112,
6 15-301, paragraph (b) of Section 6-104, Section 11-605, or
7 Section 11-1414 of the Illinois Vehicle Code or a similar
8 provision of a local ordinance.
9 (g) The provisions of paragraph (c) shall not apply to a
10 defendant charged with violating Section 3-707, 3-708, 3-710,
11 or 5-401.3 of the Illinois Vehicle Code or a similar
12 provision of a local ordinance if the defendant has within
13 the last 5 years been:
14 (1) convicted for a violation of Section 3-707,
15 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
16 a similar provision of a local ordinance; or
17 (2) assigned supervision for a violation of Section
18 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
19 Code or a similar provision of a local ordinance.
20 The court shall consider the statement of the prosecuting
21 authority with regard to the standards set forth in this
22 Section.
23 (h) The provisions of paragraph (c) shall not apply to a
24 defendant under the age of 21 years charged with violating a
25 serious traffic offense as defined in Section 1-187.001 of
26 the Illinois Vehicle Code:
27 (1) unless the defendant, upon payment of the
28 fines, penalties, and costs provided by law, agrees to
29 attend and successfully complete a traffic safety program
30 approved by the court under standards set by the
31 Conference of Chief Circuit Judges. The accused shall be
32 responsible for payment of any traffic safety program
33 fees. If the accused fails to file a certificate of
34 successful completion on or before the termination date
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1 of the supervision order, the supervision shall be
2 summarily revoked and conviction entered. The provisions
3 of Supreme Court Rule 402 relating to pleas of guilty do
4 not apply in cases when a defendant enters a guilty plea
5 under this provision; or
6 (2) if the defendant has previously been sentenced
7 under the provisions of paragraph (c) on or after January
8 1, 1998 for any serious traffic offense as defined in
9 Section 1-187.001 of the Illinois Vehicle Code.
10 (i) The provisions of paragraph (c) shall not apply to a
11 defendant charged with violating Section 6-303 of the
12 Illinois Vehicle Code or a similar provision of a local
13 ordinance when the revocation or suspension was for a
14 violation of Section 11-501 or a similar provision of a local
15 ordinance, a violation of Section 11-501.1 or paragraph (b)
16 of Section 11-401 of the Illinois Vehicle Code, or a
17 violation of Section 9-3 of the Criminal Code of 1961 if the
18 defendant has within the last 10 years been:
19 (1) Convicted for a violation of Section 6-303 of
20 the Illinois Vehicle Code or a similar provision of a
21 local ordinance; or
22 (2) Assigned supervision for a violation of Section
23 6-303 of the Illinois Vehicle Code or a similar provision
24 of a local ordinance.
25 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
26 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
27 1-1-98.)".