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90_SB0951
SEE INDEX
Amends the Illinois Vehicle Code. Provides that the
Secretary of State may take possession of a person with
disabilities license plate or parking decal or device that is
fictitious or unlawfully or erroneously issued or upon
expiration, revocation, cancellation, or suspension.
Provides that the decals or devices for a person with
disabilities issued by local authorities are for a person
with temporary disabilites (not a person with disabilities)
and removes not-for-profit organizations from these
provisions. Provides that performing specified acts
concerning fictitious or unlawfully altered person with
disabilities license plates or parking decals or devices is
unlawful and a Class A misdemeanor. Provides that performing
specified acts concerning fraudulent person with disabilities
license plates or parking decals or devices is unlawful and a
Class 4 felony. Provides that the Secretary may suspend or
revoke the person's driving privileges for these acts.
Provides that a person is in violation of provisions
concerning unauthorized use of parking places reserved for
disabled persons if the person is an unauthorized holder of a
person with disabilities license plate or parking decal or
permit. Provides that provisions of this Code shall not be
deemed to prevent local authorities from prohibiting the
unauthorized use of parking spaces reserved for persons with
disabilities on private property. Provides that provisions
concerning the powers of municipalities and counties and
contracts with certain entities and people for regulation of
traffic shall not be deemed to prevent local authorities from
enforcing, on private property, local ordinances imposing
fines as penalties for the unauthorized use of parking spaces
reserved for persons with disabilities or disabled veterans.
Effective January 1, 1998.
LRB9002753NTsbB
LRB9002753NTsbB
1 AN ACT concerning vehicles, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 2-111, 6-206, 11-208, 11-209, 11-1301.2,
6 and 11-1301.3 and adding Sections 11-1301.5 and 11-1301.6 as
7 follows:
8 (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
9 Sec. 2-111. Seizure of documents and plates. The
10 Secretary of State is authorized to take possession of any
11 certificate of title, registration card, permit, license,
12 registration plate, plates, person with disabilities license
13 plate or parking decal or device, or registration sticker
14 issued by him upon expiration, revocation, cancellation or
15 suspension thereof, or which is fictitious, or which has been
16 unlawfully or erroneously issued. Police officers who have
17 reasonable grounds to believe that any item or items listed
18 in this section should be seized shall request the Secretary
19 of State to take possession of such item or items.
20 (Source: P.A. 82-433.)
21 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
22 Sec. 6-206. Discretionary authority to suspend or revoke
23 license or permit; Right to a hearing.
24 (a) The Secretary of State is authorized to suspend or
25 revoke the driving privileges of any person without
26 preliminary hearing upon a showing of the person's records or
27 other sufficient evidence that the person:
28 1. Has committed an offense for which mandatory
29 revocation of a driver's license or permit is required
30 upon conviction;
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1 2. Has been convicted of not less than 3 offenses
2 against traffic regulations governing the movement of
3 vehicles committed within any 12 month period. No
4 revocation or suspension shall be entered more than 6
5 months after the date of last conviction;
6 3. Has been repeatedly involved as a driver in
7 motor vehicle collisions or has been repeatedly convicted
8 of offenses against laws and ordinances regulating the
9 movement of traffic, to a degree that indicates lack of
10 ability to exercise ordinary and reasonable care in the
11 safe operation of a motor vehicle or disrespect for the
12 traffic laws and the safety of other persons upon the
13 highway;
14 4. Has by the unlawful operation of a motor vehicle
15 caused or contributed to an accident resulting in death
16 or injury requiring immediate professional treatment in a
17 medical facility or doctor's office to any person, except
18 that any suspension or revocation imposed by the
19 Secretary of State under the provisions of this
20 subsection shall start no later than 6 months after being
21 convicted of violating a law or ordinance regulating the
22 movement of traffic, which violation is related to the
23 accident, or shall start not more than one year after the
24 date of the accident, whichever date occurs later;
25 5. Has permitted an unlawful or fraudulent use of a
26 driver's license, identification card, or permit;
27 6. Has been lawfully convicted of an offense or
28 offenses in another state, including the authorization
29 contained in Section 6-203.1, which if committed within
30 this State would be grounds for suspension or revocation;
31 7. Has refused or failed to submit to an
32 examination provided for by Section 6-207 or has failed
33 to pass the examination;
34 8. Is ineligible for a driver's license or permit
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1 under the provisions of Section 6-103;
2 9. Has made a false statement or knowingly
3 concealed a material fact or has used false information
4 or identification in any application for a license,
5 identification card, or permit;
6 10. Has possessed, displayed, or attempted to
7 fraudulently use any license, identification card, or
8 permit not issued to the person;
9 11. Has operated a motor vehicle upon a highway of
10 this State when the person's driving privilege or
11 privilege to obtain a driver's license or permit was
12 revoked or suspended unless the operation was authorized
13 by a judicial driving permit, probationary license to
14 drive, or a restricted driving permit issued under this
15 Code;
16 12. Has submitted to any portion of the application
17 process for another person or has obtained the services
18 of another person to submit to any portion of the
19 application process for the purpose of obtaining a
20 license, identification card, or permit for some other
21 person;
22 13. Has operated a motor vehicle upon a highway of
23 this State when the person's driver's license was invalid
24 under the provisions of Section 6-110. Provided that for
25 the first offense the Secretary of State may suspend the
26 driver's license for not more than 60 days, for the
27 second offense not more than 90 days, and for the third
28 offense not more than one year;
29 14. Has committed a violation of Section 6-301,
30 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
31 14B of the Illinois Identification Card Act;
32 15. Has been convicted of violating Section 21-2 of
33 the Criminal Code of 1961 relating to criminal trespass
34 to vehicles in which case, the suspension shall be for
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1 one year;
2 16. Has been convicted of violating Section 11-204
3 of this Code relating to fleeing from a police officer;
4 17. Has refused to submit to a test, or tests, as
5 required under Section 11-501.1 of this Code and the
6 person has not sought a hearing as provided for in
7 Section 11-501.1;
8 18. Has, since issuance of a driver's license or
9 permit, been adjudged to be afflicted with or suffering
10 from any mental disability or disease;
11 19. Has committed a violation of paragraph (a) or
12 (b) of Section 6-101 relating to driving without a
13 driver's license;
14 20. Has been convicted of violating Section 6-104
15 relating to classification of driver's license;
16 21. Has been convicted of violating Section 11-402
17 of this Code relating to leaving the scene of an accident
18 resulting in damage to a vehicle in excess of $1,000, in
19 which case the suspension shall be for one year;
20 22. Has used a motor vehicle in violating paragraph
21 (3), (4), (7), or (9) of subsection (a) of Section 24-1
22 of the Criminal Code of 1961 relating to unlawful use of
23 weapons, in which case the suspension shall be for one
24 year;
25 23. Has, as a driver, been convicted of committing
26 a violation of paragraph (a) of Section 11-502 of this
27 Code for a second or subsequent time within one year of a
28 similar violation;
29 24. Has been convicted by a court-martial or
30 punished by non-judicial punishment by military
31 authorities of the United States at a military
32 installation in Illinois of or for a traffic related
33 offense that is the same as or similar to an offense
34 specified under Section 6-205 or 6-206 of this Code;
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1 25. Has permitted any form of identification to be
2 used by another in the application process in order to
3 obtain or attempt to obtain a license, identification
4 card, or permit;
5 26. Has altered or attempted to alter a license or
6 has possessed an altered license, identification card, or
7 permit;
8 27. Has violated Section 6-16 of the Liquor Control
9 Act of 1934;
10 28. Has been convicted of the illegal possession,
11 while operating or in actual physical control, as a
12 driver, of a motor vehicle, of any controlled substance
13 prohibited under the Illinois Controlled Substances Act
14 or any cannabis prohibited under the provisions of the
15 Cannabis Control Act, in which case the person's driving
16 privileges shall be suspended for one year, and any
17 driver who is convicted of a second or subsequent
18 offense, within 5 years of a previous conviction, for the
19 illegal possession, while operating or in actual physical
20 control, as a driver, of a motor vehicle, of any
21 controlled substance prohibited under the provisions of
22 the Illinois Controlled Substances Act or any cannabis
23 prohibited under the Cannabis Control Act shall be
24 suspended for 5 years. Any defendant found guilty of this
25 offense while operating a motor vehicle, shall have an
26 entry made in the court record by the presiding judge
27 that this offense did occur while the defendant was
28 operating a motor vehicle and order the clerk of the
29 court to report the violation to the Secretary of State;
30 29. Has been convicted of the following offenses
31 that were committed while the person was operating or in
32 actual physical control, as a driver, of a motor vehicle:
33 criminal sexual assault, predatory criminal sexual
34 assault of a child, aggravated criminal sexual assault,
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1 criminal sexual abuse, aggravated criminal sexual abuse,
2 juvenile pimping, soliciting for a juvenile prostitute
3 and the manufacture, sale or delivery of controlled
4 substances or instruments used for illegal drug use or
5 abuse in which case the driver's driving privileges shall
6 be suspended for one year;
7 30. Has been convicted a second or subsequent time
8 for any combination of the offenses named in paragraph 29
9 of this subsection, in which case the person's driving
10 privileges shall be suspended for 5 years;
11 31. Beginning on January 1, 1991, has refused to
12 submit to a test as required by Section 11-501.6 or has
13 submitted to a test resulting in an alcohol concentration
14 of 0.10 or more or any amount of a drug, substance, or
15 compound resulting from the unlawful use or consumption
16 of cannabis as listed in the Cannabis Control Act or a
17 controlled substance as listed in the Illinois Controlled
18 Substances Act in which case the penalty shall be as
19 prescribed in Section 6-208.1;
20 32. Has been convicted of Section 24-1.2 of the
21 Criminal Code of 1961 relating to the aggravated
22 discharge of a firearm if the offender was located in a
23 motor vehicle at the time the firearm was discharged, in
24 which case the suspension shall be for 3 years; or
25 33. Has as a driver, who was less than 21 years of
26 age on the date of the offense, been convicted a first
27 time of a violation of paragraph (a) of Section 11-502 of
28 this Code or a similar provision of a local ordinance;.
29 34. Has committed a violation of Section 11-1301.5
30 of this Code; or
31 35. Has committed a violation of Section 11-1301.6
32 of this Code.
33 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
34 and 27 of this subsection, license means any driver's
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1 license, any traffic ticket issued when the person's driver's
2 license is deposited in lieu of bail, a suspension notice
3 issued by the Secretary of State, a duplicate or corrected
4 driver's license, a probationary driver's license or a
5 temporary driver's license.
6 (b) If any conviction forming the basis of a suspension
7 or revocation authorized under this Section is appealed, the
8 Secretary of State may rescind or withhold the entry of the
9 order of suspension or revocation, as the case may be,
10 provided that a certified copy of a stay order of a court is
11 filed with the Secretary of State. If the conviction is
12 affirmed on appeal, the date of the conviction shall relate
13 back to the time the original judgment of conviction was
14 entered and the 6 month limitation prescribed shall not
15 apply.
16 (c) 1. Upon suspending or revoking the driver's license
17 or permit of any person as authorized in this Section,
18 the Secretary of State shall immediately notify the
19 person in writing of the revocation or suspension. The
20 notice to be deposited in the United States mail, postage
21 prepaid, to the last known address of the person.
22 2. If the Secretary of State suspends the driver's
23 license of a person under subsection 2 of paragraph (a)
24 of this Section, a person's privilege to operate a
25 vehicle as an occupation shall not be suspended, provided
26 an affidavit is properly completed, the appropriate fee
27 received, and a permit issued prior to the effective date
28 of the suspension, unless 5 offenses were committed, at
29 least 2 of which occurred while operating a commercial
30 vehicle in connection with the driver's regular
31 occupation. All other driving privileges shall be
32 suspended by the Secretary of State. Any driver prior to
33 operating a vehicle for occupational purposes only must
34 submit the affidavit on forms to be provided by the
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1 Secretary of State setting forth the facts of the
2 person's occupation. The affidavit shall also state the
3 number of offenses committed while operating a vehicle in
4 connection with the driver's regular occupation. The
5 affidavit shall be accompanied by the driver's license.
6 Upon receipt of a properly completed affidavit, the
7 Secretary of State shall issue the driver a permit to
8 operate a vehicle in connection with the driver's regular
9 occupation only. Unless the permit is issued by the
10 Secretary of State prior to the date of suspension, the
11 privilege to drive any motor vehicle shall be suspended
12 as set forth in the notice that was mailed under this
13 Section. If an affidavit is received subsequent to the
14 effective date of this suspension, a permit may be issued
15 for the remainder of the suspension period.
16 The provisions of this subparagraph shall not apply
17 to any driver required to obtain a commercial driver's
18 license under Section 6-507 during the period of a
19 disqualification of commercial driving privileges under
20 Section 6-514.
21 Any person who falsely states any fact in the
22 affidavit required herein shall be guilty of perjury
23 under Section 6-302 and upon conviction thereof shall
24 have all driving privileges revoked without further
25 rights.
26 3. At the conclusion of a hearing under Section
27 2-118 of this Code, the Secretary of State shall either
28 rescind or continue an order of revocation or shall
29 substitute an order of suspension; or, good cause
30 appearing therefor, rescind, continue, change, or extend
31 the order of suspension. If the Secretary of State does
32 not rescind the order, the Secretary may upon
33 application, to relieve undue hardship, issue a
34 restricted driving permit granting the privilege of
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1 driving a motor vehicle between the petitioner's
2 residence and petitioner's place of employment or within
3 the scope of his employment related duties, or to allow
4 transportation for the petitioner, or a household member
5 of the petitioner's family, to receive necessary medical
6 care and if the professional evaluation indicates,
7 provide transportation for alcohol remedial or
8 rehabilitative activity, or for the petitioner to attend
9 classes, as a student, in an accredited educational
10 institution; if the petitioner is able to demonstrate
11 that no alternative means of transportation is reasonably
12 available and the petitioner will not endanger the public
13 safety or welfare. In each case the Secretary may issue a
14 restricted driving permit for a period deemed
15 appropriate, except that all permits shall expire within
16 one year from the date of issuance. A restricted driving
17 permit issued under this Section shall be subject to
18 cancellation, revocation, and suspension by the Secretary
19 of State in like manner and for like cause as a driver's
20 license issued under this Code may be cancelled, revoked,
21 or suspended; except that a conviction upon one or more
22 offenses against laws or ordinances regulating the
23 movement of traffic shall be deemed sufficient cause for
24 the revocation, suspension, or cancellation of a
25 restricted driving permit. The Secretary of State may, as
26 a condition to the issuance of a restricted driving
27 permit, require the applicant to participate in a
28 designated driver remedial or rehabilitative program. The
29 Secretary of State is authorized to cancel a restricted
30 driving permit if the permit holder does not successfully
31 complete the program.
32 (d) This Section is subject to the provisions of the
33 Drivers License Compact.
34 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
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1 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
2 5-29-96.)
3 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
4 Sec. 11-208. Powers of local authorities.
5 (a) The provisions of this Code shall not be deemed to
6 prevent local authorities with respect to streets and
7 highways under their jurisdiction and within the reasonable
8 exercise of the police power from:
9 1. Regulating the standing or parking of vehicles,
10 except as limited by Section 11-1306 of this Act;
11 2. Regulating traffic by means of police officers
12 or traffic control signals;
13 3. Regulating or prohibiting processions or
14 assemblages on the highways;
15 4. Designating particular highways as one-way
16 highways and requiring that all vehicles thereon be moved
17 in one specific direction;
18 5. Regulating the speed of vehicles in public parks
19 subject to the limitations set forth in Section 11-604;
20 6. Designating any highway as a through highway, as
21 authorized in Section 11-302, and requiring that all
22 vehicles stop before entering or crossing the same or
23 designating any intersection as a stop intersection or a
24 yield right-of-way intersection and requiring all
25 vehicles to stop or yield the right-of-way at one or more
26 entrances to such intersections;
27 7. Restricting the use of highways as authorized in
28 Chapter 15;
29 8. Regulating the operation of bicycles and
30 requiring the registration and licensing of same,
31 including the requirement of a registration fee;
32 9. Regulating or prohibiting the turning of
33 vehicles or specified types of vehicles at intersections;
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1 10. Altering the speed limits as authorized in
2 Section 11-604;
3 11. Prohibiting U-turns;
4 12. Prohibiting pedestrian crossings at other than
5 designated and marked crosswalks or at intersections;
6 13. Prohibiting parking during snow removal
7 operation;
8 14. Imposing fines in accordance with Section
9 11-1301.3 as penalties for use of any parking place
10 reserved for persons with disabilities, as defined by
11 Section 1-159.1, or disabled veterans by any person using
12 a motor vehicle not bearing registration plates specified
13 in Section 11-1301.1 or a special decal or device as
14 defined in Section 11-1301.2 as evidence that the vehicle
15 is operated by or for a person with disabilities or
16 disabled veteran; or
17 15. Adopting such other traffic regulations as are
18 specifically authorized by this Code.
19 (b) No ordinance or regulation enacted under subsections
20 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
21 effective until signs giving reasonable notice of such local
22 traffic regulations are posted.
23 (c) The provisions of this Code shall not prevent any
24 municipality having a population of 500,000 or more
25 inhabitants from prohibiting any person from driving or
26 operating any motor vehicle upon the roadways of such
27 municipality with headlamps on high beam or bright.
28 (d) The provisions of this Code shall not be deemed to
29 prevent local authorities within the reasonable exercise of
30 their police power from prohibiting, on private property, the
31 unauthorized use of parking spaces reserved for persons with
32 disabilities.
33 (Source: P.A. 88-685, eff. 1-24-95.)
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1 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
2 Sec. 11-209. Powers of municipalities and counties -
3 Contract with school boards, hospitals, churches, condominium
4 complex unit owners' associations, and shopping center and
5 apartment complex owners for regulation of traffic.
6 (a) The corporate authorities of any municipality or the
7 county board of any county, and a school board, hospital,
8 church, condominium complex unit owners' association, or
9 owner of any shopping center or apartment complex which
10 controls a parking area located within the limits of the
11 municipality, or outside the limits of the municipality and
12 within the boundaries of the county, may, by contract,
13 empower the municipality or county to regulate the parking of
14 automobiles and the traffic at such parking area. Such
15 contract shall empower the municipality or county to
16 accomplish all or any part of the following:
17 1. The erection of stop signs, flashing signals,
18 person with disabilities parking area signs or yield
19 signs at specified locations in a parking area and the
20 adoption of appropriate regulations thereto pertaining,
21 or the designation of any intersection in the parking
22 area as a stop intersection or as a yield intersection
23 and the ordering of like signs or signals at one or more
24 entrances to such intersection, subject to the provisions
25 of this Chapter.
26 2. The prohibition or regulation of the turning of
27 vehicles or specified types of vehicles at intersections
28 or other designated locations in the parking area.
29 3. The regulation of a crossing of any roadway in
30 the parking area by pedestrians.
31 4. The designation of any separate roadway in the
32 parking area for one-way traffic.
33 5. The establishment and regulation of loading
34 zones.
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1 6. The prohibition, regulation, restriction or
2 limitation of the stopping, standing or parking of
3 vehicles in specified areas of the parking area.
4 7. The designation of safety zones in the parking
5 area and fire lanes.
6 8. Providing for the removal and storage of
7 vehicles parked or abandoned in the parking area during
8 snowstorms, floods, fires, or other public emergencies,
9 or found unattended in the parking area, (a) where they
10 constitute an obstruction to traffic, or (b) where
11 stopping, standing or parking is prohibited, and for the
12 payment of reasonable charges for such removal and
13 storage by the owner or operator of any such vehicle.
14 9. Providing that the cost of planning,
15 installation, maintenance and enforcement of parking and
16 traffic regulations pursuant to any contract entered into
17 under the authority of this paragraph (a) of this Section
18 be borne by the municipality or county, or by the school
19 board, hospital, church, property owner, apartment
20 complex owner, or condominium complex unit owners'
21 association, or that a percentage of the cost be shared
22 by the parties to the contract.
23 10. Causing the installation of parking meters on
24 the parking area and establishing whether the expense of
25 installing said parking meters and maintenance thereof
26 shall be that of the municipality or county, or that of
27 the school board, hospital, church, condominium complex
28 unit owners' association, shopping center or apartment
29 complex owner. All moneys obtained from such parking
30 meters as may be installed on any parking area shall
31 belong to the municipality or county.
32 11. Causing the installation of parking signs in
33 accordance with Section 11-301 in areas of the parking
34 lots covered by this Section and where desired by the
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1 person contracting with the appropriate authority listed
2 in paragraph (a) of this Section, indicating that such
3 parking spaces are reserved for persons with
4 disabilities.
5 12. Contracting for such additional reasonable
6 rules and regulations with respect to traffic and parking
7 in a parking area as local conditions may require for the
8 safety and convenience of the public or of the users of
9 the parking area.
10 (b) No contract entered into pursuant to this Section
11 shall exceed a period of 20 years. No lessee of a shopping
12 center or apartment complex shall enter into such a contract
13 for a longer period of time than the length of his lease.
14 (c) Any contract entered into pursuant to this Section
15 shall be recorded in the office of the recorder in the county
16 in which the parking area is located, and no regulation made
17 pursuant to the contract shall be effective or enforceable
18 until 3 days after the contract is so recorded.
19 (d) At such time as parking and traffic regulations have
20 been established at any parking area pursuant to the contract
21 as provided for in this Section, then it shall be a petty
22 offense for any person to do any act forbidden or to fail to
23 perform any act required by such parking or traffic
24 regulation. If the violation is the parking in a parking
25 space reserved for persons with disabilities under paragraph
26 (11) of this Section, by a person without special
27 registration plates issued to a person with disabilities, as
28 defined by Section 1-159.1, pursuant to Section 3-616 of this
29 Code, or to a disabled veteran pursuant to Section 3-609 of
30 this Code, the local police of the contracting corporate
31 municipal authorities shall issue a parking ticket to such
32 parking violator and issue a fine in accordance with Section
33 11-1301.3.
34 (e) The term "shopping center", as used in this Section,
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1 means premises having one or more stores or business
2 establishments in connection with which there is provided on
3 privately-owned property near or contiguous thereto an area,
4 or areas, of land used by the public as the means of access
5 to and egress from the stores and business establishments on
6 such premises and for the parking of motor vehicles of
7 customers and patrons of such stores and business
8 establishments on such premises.
9 (f) The term "parking area", as used in this Section,
10 means an area, or areas, of land near or contiguous to a
11 school, church, or hospital building, shopping center,
12 apartment complex, or condominium complex, but not the public
13 highways or alleys, and used by the public as the means of
14 access to and egress from such buildings and the stores and
15 business establishments at a shopping center and for the
16 parking of motor vehicles.
17 (g) The terms "owner", "property owner", "shopping
18 center owner", and "apartment complex owner", as used in this
19 Section, mean the actual legal owner of the shopping center
20 parking area or apartment complex, the trust officer of a
21 banking institution having the right to manage and control
22 such property, or a person having the legal right, through
23 lease or otherwise, to manage or control the property.
24 (g-5) The term "condominium complex unit owners'
25 association", as used in this Section, means a "unit owners'
26 association" as defined in Section 2 of the Condominium
27 Property Act.
28 (h) The term "fire lane", as used in this Section, means
29 travel lanes for the fire fighting equipment upon which there
30 shall be no standing or parking of any motor vehicle at any
31 time so that fire fighting equipment can move freely thereon.
32 (i) The term "apartment complex", as used in this
33 Section, means premises having one or more apartments in
34 connection with which there is provided on privately-owned
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1 property near or contiguous thereto an area, or areas, of
2 land used by occupants of such apartments or their guests as
3 a means of access to and egress from such apartments or for
4 the parking of motor vehicles of such occupants or their
5 guests.
6 (j) The term "condominium complex", as used in this
7 Section, means the units, common elements, and limited common
8 elements that are located on the parcels, as those terms are
9 defined in Section 2 of the Condominium Property Act.
10 (k) The provisions of this Section shall not be deemed
11 to prevent local authorities from enforcing, on private
12 property, local ordinances imposing fines, in accordance with
13 Section 11-1301.3, as penalties for use of any parking place
14 reserved for persons with disabilities, as defined by Section
15 1-159.1, or disabled veterans by any person using a motor
16 vehicle not bearing registration plates specified in Section
17 11-1301.1 or a special decal or device as defined in Section
18 11-1301.2 as evidence that the vehicle is operated by or for
19 a person with disabilities or disabled veteran.
20 This amendatory Act of 1972 is not a prohibition upon the
21 contractual and associational powers granted by Article VII,
22 Section 10 of the Illinois Constitution.
23 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
24 (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
25 Sec. 11-1301.2. Special decals for a person with
26 disabilities parking.
27 (a) The Secretary of State shall provide for, by
28 administrative rules, the design, size, color, and placement
29 of a person with disabilities motorist decal or device which
30 shall be used by local authorities in the issuance thereof to
31 a person with temporary disabilities, provided that the decal
32 or device is valid for no more than 90 days, subject to
33 renewal for like periods based upon continued disability, and
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1 further provided that the decal or device clearly sets forth
2 the date that the decal or device expires or not-for-profit
3 organization which transports persons with disabilities. This
4 decal or device shall be the property of such person with
5 disabilities or organization and may be used by that person
6 or organization to designate and identify a vehicle not owned
7 or displaying a registration plate as provided in Sections
8 3-609 and 3-616 of this Act to designate when the vehicle is
9 being used to transport said person or persons with
10 disabilities, and thus is entitled to enjoy all the
11 privileges that would be afforded a person with disabilities
12 licensed vehicle. Person with disabilities decals or devices
13 issued and displayed pursuant to this Section shall be
14 recognized and honored by all local authorities regardless of
15 which local authority issued such decal or device.
16 The decal or device shall be issued only upon a showing
17 by adequate documentation that the person for whose benefit
18 the decal or device is to be used has a temporary disability
19 as defined in Section 1-159.1 of this Code Class 1A or 2A
20 disability under the provisions of Section 4A of The Illinois
21 Identification Card Act. For purposes of this Section, an
22 Illinois Disabled Person Identification Card issued pursuant
23 to The Illinois Identification Card Act indicating that the
24 person thereon named has a Class 1A or 2A disability shall be
25 adequate documentation of such a disability. Nothing in this
26 Section shall be read to prohibit local authorities from
27 issuing such decal or device to persons with temporary
28 disabilities, provided that such decal or device is valid for
29 no more than 90 days, subject to renewal for like periods
30 based upon continued disability, and further provided that
31 such decal or device clearly sets forth the date that the
32 decal or device expires.
33 (b) The local governing authorities shall be responsible
34 for the provision of such decal or device, its issuance and
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1 designated placement within the vehicle. The cost of such
2 decal or device shall be at the discretion of such local
3 governing authority.
4 (c) The Secretary of State may, pursuant to Section
5 3-616(c), issue a person with disabilities parking decal or
6 device to a person with disabilities as defined by Section
7 1-159.1. Any person with disabilities parking decal or
8 device issued by the Secretary of State shall be registered
9 to that person with disabilities in the form to be prescribed
10 by the Secretary of State. The person with disabilities
11 parking decal or device shall not display that person's
12 address. One additional decal or device may be issued to an
13 applicant upon his or her request and with the approval of
14 the Secretary of State.
15 (Source: P.A. 88-685, eff. 1-24-95.)
16 (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
17 Sec. 11-1301.3. Unauthorized use of parking places
18 reserved for persons with disabilities.
19 (a) It shall be prohibited to park any motor vehicle
20 which is not bearing registration plates or decals issued to
21 a person with disabilities, as defined by Section 1-159.1,
22 pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
23 disabled veteran pursuant to Section 3-609 of this Act, as
24 evidence that the vehicle is operated by or for a person with
25 disabilities or disabled veteran, in any parking place,
26 including any private or public offstreet parking facility,
27 specifically reserved, by the posting of an official sign as
28 designated under Section 11-301, for motor vehicles bearing
29 such registration plates. An individual with a vehicle
30 bearing a person with disabilities license plate or parking
31 decal or device issued to a disabled person under Sections
32 3-616, 11-1301.1, or 11-1301.2 is in violation of this
33 Section if the person is not the authorized holder of a
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1 person with disabilities license plate or parking decal or
2 device and is not transporting the authorized holder of a
3 person with disabilities license plate or parking decal or
4 device to or from the parking location and the person uses
5 the person with disabilities license plate or parking decal
6 or device to exercise any privileges granted through the
7 person with disabilities license plates or parking decals or
8 devices under this Code. Any motor vehicle bearing a person
9 with disabilities license plate or a person with disabilities
10 parking decal or device containing the International symbol
11 of access issued to persons with disabilities by any local
12 authority, state, district, territory or foreign country
13 shall be recognized by state and local authorities as a valid
14 license plate or device and receive the same parking
15 privileges as residents of this State.
16 (b) Any person or local authority owning or operating
17 any public or private offstreet parking facility may, after
18 notifying the police or sheriff's department, remove or cause
19 to be removed to the nearest garage or other place of safety
20 any vehicle parked within a stall or space reserved for use
21 by a person with disabilities which does not display person
22 with disabilities registration plates or a special decal or
23 device as required under this Section.
24 (c) Any person found guilty of violating the provisions
25 of this Section shall be fined $100 in addition to any costs
26 or charges connected with the removal or storage of any motor
27 vehicle authorized under this Section; but municipalities by
28 ordinance may impose a fine up to $200 and shall display
29 signs indicating the fine imposed. If the amount of the fine
30 is subsequently changed, the municipality shall change the
31 sign to indicate the current amount of the fine.
32 (d) Local authorities shall impose fines as established
33 in subsection (c) for violations of this Section vehicles
34 parked in spaces for a person with disabilities that do not
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1 display the registration plates pursuant to Section 3-616 or
2 a special decal or device pursuant to Section 11-1301.2.
3 (e) As used in this Section, "authorized holder" means
4 an individual issued a person with disabilities license plate
5 under Section 3-616 of this Code or an individual issued a
6 person with disabilities parking decal or device under
7 Section 11-1301.2 of this Code.
8 (Source: P.A. 88-685, eff. 1-24-95; 89-275, eff. 1-1-96;
9 89-533, eff. 1-1-97; 89-626, eff. 8-9-96.)
10 (625 ILCS 5/11-1301.5 new)
11 Sec. 11-1301.5. Fictitious or unlawfully altered person
12 with disabilities license plate or parking decal or device.
13 (a) As used in this Section:
14 "Fictitious person with disabilities license plate
15 or parking decal or device" means any issued person with
16 disabilities license plate or parking decal or device
17 that has been issued by the Secretary of State or an
18 authorized unit of local government that was issued based
19 upon false information contained on the required
20 application.
21 "False information" means any incorrect or
22 inaccurate information concerning the name, date of
23 birth, social security number, drivers license number,
24 physician certification, or any other information
25 required on the application for a person with
26 disabilities license plate or parking permit or device
27 that falsifies the content of the application.
28 "Unlawfully altered person with disabilities license
29 plate or parking permit or device" means any person with
30 disabilities license plate or parking permit or device
31 issued by the Secretary of State or an authorized unit of
32 local government that has been physically altered or
33 changed in such manner that false information appears on
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1 the license plate or parking decal or device.
2 "Authorized holder" means an individual issued a
3 person with disabilities license plate under Section
4 3-616 of this Code or an individual issued a person with
5 disabilities parking decal or device under Section
6 11-1301.2 of this Code.
7 (b) It is a violation of this Section for any person:
8 (1) to knowingly possess any fictitious or
9 unlawfully altered person with disabilities license plate
10 or parking decal or device;
11 (2) to knowingly issue or assist in the issuance
12 of, by the Secretary of State or unit of local
13 government, any fictitious person with disabilities
14 license plate or parking decal or device;
15 (3) to knowingly alter any person with disabilities
16 license plate or parking decal or device;
17 (4) to knowingly manufacture, possess, transfer, or
18 provide any documentation used in the application process
19 whether real or fictitious, for the purpose of obtaining
20 a fictitious person with disabilities license plate or
21 parking decal or device;
22 (5) to knowingly provide any false information to
23 the Secretary of State or a unit of local government in
24 order to obtain a person with disabilities license plate
25 or parking decal or device; or
26 (6) to knowingly transfer a person with
27 disabilities license plate or parking decal or device for
28 the purpose of exercising the privileges granted to an
29 authorized holder of a person with disabilities license
30 plate or parking decal or device under this Code in the
31 absence of the authorized holder.
32 (c) Sentence.
33 (1) Any person convicted of a violation of this
34 Section shall be guilty of a Class A misdemeanor.
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1 (2) Any person who commits a violation of this
2 Section may have his or her driving privileges suspended
3 or revoked by the Secretary of State for a period of time
4 determined by the Secretary of State.
5 (625 ILCS 5/11-1301.6 new)
6 Sec. 11-1301.6. Fraudulent person with disabilities
7 license plate or parking decal or device.
8 (a) As used in this Section:
9 "Fraudulent person with disabilities license plate
10 or parking decal or device" means any person with
11 disabilities license plate or parking decal or device
12 that purports to be an official person with disabilities
13 license plate or parking decal or device and that has not
14 been issued by the Secretary of State or an authorized
15 unit of local government.
16 "Person with disabilities license plate or parking
17 decal or device-making implement" means any implement
18 specially designed or primarily used in the manufacture,
19 assembly, or authentication of a person with disabilities
20 license plate or parking decal or device issued by the
21 Secretary of State or a unit of local government.
22 (b) It is a violation of this Section for any person:
23 (1) to knowingly possess any fraudulent person with
24 disabilities license plate or parking decal;
25 (2) to knowingly possess without authority any
26 person with disabilities license plate or parking decal
27 or device-making implement;
28 (3) to knowingly duplicate, manufacture, sell, or
29 transfer any fraudulent or stolen person with
30 disabilities license plate or parking decal or device;
31 (4) to knowingly assist in the duplication,
32 manufacturing, selling, or transferring of any fraudulent
33 or stolen person with disabilities license plate or
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1 parking decal or device; or
2 (5) to advertise or distribute a fraudulent person
3 with disabilities license plate or parking decal or
4 device.
5 (c) Sentence.
6 (1) Any person convicted of a violation of this
7 Section shall be guilty of a Class 4 felony.
8 (2) Any person who commits a violation of this
9 Section may have his or her driving privileges suspended
10 or revoked by the Secretary of State for a period of time
11 determined by the Secretary of State.
12 Section 99. Effective date. This Act takes effect
13 January 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 625 ILCS 5/2-111 from Ch. 95 1/2, par. 2-111
5 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
6 625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
7 625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
8 625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
9 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
10 625 ILCS 5/11-1301.5 new
11 625 ILCS 5/11-1301.6 new