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91_HB2270
LRB9105190LDmb
1 AN ACT in relation to motor vehicle ignition interlock
2 devices, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-204, 6-205, 6-206, 6-206.1, 6-208,
7 6-208.1, and 11-501 and adding Sections 6-206.2, 6-206.3,
8 6-206.4, 6-206.5, 6-206.6, and 6-206.7 as follows:
9 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
10 Sec. 6-204. When Court to forward License and Reports.
11 (a) For the purpose of providing to the Secretary of
12 State the records essential to the performance of the
13 Secretary's duties under this Code to cancel, revoke or
14 suspend the driver's license and privilege to drive motor
15 vehicles of certain minors adjudicated truant minors in need
16 of supervision, addicted, or delinquent and of persons found
17 guilty of the criminal offenses or traffic violations which
18 this Code recognizes as evidence relating to unfitness to
19 safely operate motor vehicles, the following duties are
20 imposed upon public officials:
21 1. Whenever any person is convicted of any offense
22 for which this Code makes mandatory the cancellation or
23 revocation of the driver's license or permit of such
24 person by the Secretary of State, the judge of the court
25 in which such conviction is had shall require the
26 surrender to the clerk of the court of all driver's
27 licenses or permits then held by the person so convicted,
28 and the clerk of the court shall, within 10 days
29 thereafter, forward the same, together with a report of
30 such conviction, to the Secretary.
31 2. Whenever any person is convicted of any offense
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1 under this Code or similar offenses under a municipal
2 ordinance, other than regulations governing standing,
3 parking or weights of vehicles, and excepting the
4 following enumerated Sections of this Code: Sections
5 11-1406 (obstruction to driver's view or control),
6 11-1407 (improper opening of door into traffic), 11-1410
7 (coasting on downgrade), 11-1411 (following fire
8 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
9 (driving vehicle which is in unsafe condition or
10 improperly equipped), 12-201(a) (daytime lights on
11 motorcycles), 12-202 (clearance, identification and side
12 marker lamps), 12-204 (lamp or flag on projecting load),
13 12-205 (failure to display the safety lights required),
14 12-401 (restrictions as to tire equipment), 12-502
15 (mirrors), 12-503 (windshields must be unobstructed and
16 equipped with wipers), 12-601 (horns and warning
17 devices), 12-602 (mufflers, prevention of noise or
18 smoke), 12-603 (seat safety belts), 12-702 (certain
19 vehicles to carry flares or other warning devices),
20 12-703 (vehicles for oiling roads operated on highways),
21 12-710 (splash guards and replacements), 13-101 (safety
22 tests), 15-101 (size, weight and load), 15-102 (width),
23 15-103 (height), 15-104 (name and address on second
24 division vehicles), 15-107 (length of vehicle), 15-109.1
25 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
26 15-301 (weights), 15-316 (weights), 15-318 (weights), and
27 also excepting the following enumerated Sections of the
28 Chicago Municipal Code: Sections 27-245 (following fire
29 apparatus), 27-254 (obstruction of traffic), 27-258
30 (driving vehicle which is in unsafe condition), 27-259
31 (coasting on downgrade), 27-264 (use of horns and signal
32 devices), 27-265 (obstruction to driver's view or driver
33 mechanism), 27-267 (dimming of headlights), 27-268
34 (unattended motor vehicle), 27-272 (illegal funeral
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1 procession), 27-273 (funeral procession on boulevard),
2 27-275 (driving freighthauling vehicles on boulevard),
3 27-276 (stopping and standing of buses or taxicabs),
4 27-277 (cruising of public passenger vehicles), 27-305
5 (parallel parking), 27-306 (diagonal parking), 27-307
6 (parking not to obstruct traffic), 27-308 (stopping,
7 standing or parking regulated), 27-311 (parking
8 regulations), 27-312 (parking regulations), 27-313
9 (parking regulations), 27-314 (parking regulations),
10 27-315 (parking regulations), 27-316 (parking
11 regulations), 27-317 (parking regulations), 27-318
12 (parking regulations), 27-319 (parking regulations),
13 27-320 (parking regulations), 27-321 (parking
14 regulations), 27-322 (parking regulations), 27-324
15 (loading and unloading at an angle), 27-333 (wheel and
16 axle loads), 27-334 (load restrictions in the downtown
17 district), 27-335 (load restrictions in residential
18 areas), 27-338 (width of vehicles), 27-339 (height of
19 vehicles), 27-340 (length of vehicles), 27-352
20 (reflectors on trailers), 27-353 (mufflers), 27-354
21 (display of plates), 27-355 (display of city vehicle tax
22 sticker), 27-357 (identification of vehicles), 27-358
23 (projecting of loads), and also excepting the following
24 enumerated paragraphs of Section 2-201 of the Rules and
25 Regulations of the Illinois State Toll Highway Authority:
26 (l) (driving unsafe vehicle on tollway), (m) (vehicles
27 transporting dangerous cargo not properly indicated), it
28 shall be the duty of the clerk of the court in which such
29 conviction is had within 10 days thereafter to forward to
30 the Secretary of State a report of the conviction and the
31 court may recommend the suspension of the driver's
32 license or permit of the person so convicted.
33 The reporting requirements of this subsection shall apply
34 to all violations stated in paragraphs 1 and 2 of this
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1 subsection when the individual has been adjudicated under the
2 Juvenile Court Act or the Juvenile Court Act of 1987. Such
3 reporting requirements shall also apply to individuals
4 adjudicated under the Juvenile Court Act or the Juvenile
5 Court Act of 1987 who have committed a violation of Section
6 11-501 of this Code, or similar provision of a local
7 ordinance, or Section 9-3 of the Criminal Code of 1961, as
8 amended, relating to the offense of reckless homicide. The
9 reporting requirements of this subsection shall also apply to
10 a truant minor in need of supervision, an addicted minor, or
11 a delinquent minor and whose driver's license and privilege
12 to drive a motor vehicle has been ordered suspended for such
13 times as determined by the Court, but only until he or she
14 attains 18 years of age. It shall be the duty of the clerk
15 of the court in which adjudication is had within 10 days
16 thereafter to forward to the Secretary of State a report of
17 the adjudication and the court order requiring the Secretary
18 of State to suspend the minor's driver's license and driving
19 privilege for such time as determined by the Court, but only
20 until he or she attains the age of 18 years. All juvenile
21 court dispositions reported to the Secretary of State under
22 this provision shall be processed by the Secretary of State
23 as if the cases had been adjudicated in traffic or criminal
24 court. However, information reported relative to the offense
25 of reckless homicide, or Section 11-501 of this Code, or a
26 similar provision of a local ordinance, shall be privileged
27 and available only to the Secretary of State, courts, and
28 police officers.
29 3. Whenever an order is entered vacating the
30 forfeiture of any bail, security or bond given to secure
31 appearance for any offense under this Code or similar
32 offenses under municipal ordinance, it shall be the duty
33 of the clerk of the court in which such vacation was had
34 or the judge of such court if such court has no clerk,
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1 within 10 days thereafter to forward to the Secretary of
2 State a report of the vacation.
3 4. A report of any disposition of court supervision
4 for a violation of Sections 6-303, 11-401, 11-501 or a
5 similar provision of a local ordinance, 11-503 and 11-504
6 shall be forwarded to the Secretary of State. A report of
7 any disposition of court supervision for a violation of
8 an offense defined as a serious traffic violation in this
9 Code or a similar provision of a local ordinance
10 committed by a person under the age of 21 years shall be
11 forwarded to the Secretary of State.
12 5. Reports of conviction and sentencing hearing
13 under the Juvenile Court Act of 1987 in a computer
14 processible medium shall be forwarded to the Secretary of
15 State via the Supreme Court in the form and format
16 required by the Illinois Supreme Court and established by
17 a written agreement between the Supreme Court and the
18 Secretary of State. In counties with a population over
19 300,000, instead of forwarding reports to the Supreme
20 Court, reports of conviction and sentencing hearing under
21 the Juvenile Court Act of 1987 in a computer processible
22 medium may be forwarded to the Secretary of State by the
23 Circuit Court Clerk in a form and format required by the
24 Secretary of State and established by written agreement
25 between the Circuit Court Clerk and the Secretary of
26 State. Failure to forward the reports of conviction or
27 sentencing hearing under the Juvenile Court Act of 1987
28 as required by this Section shall be deemed an omission
29 of duty and it shall be the duty of the several State's
30 Attorneys to enforce the requirements of this Section.
31 (b) Whenever a restricted driving permit is forwarded to
32 a court, as a result of confiscation by a police officer
33 pursuant to the authority in Section 6-113(f), it shall be
34 the duty of the clerk, or judge, if the court has no clerk,
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1 to forward such restricted driving permit and a facsimile of
2 the officer's citation to the Secretary of State as
3 expeditiously as practicable.
4 (c) For the purposes of this Code, a forfeiture of bail
5 or collateral deposited to secure a defendant's appearance in
6 court when forfeiture has not been vacated, or the failure of
7 a defendant to appear for trial after depositing his driver's
8 license in lieu of other bail, shall be equivalent to a
9 conviction.
10 (d) For the purpose of providing the Secretary of State
11 with records necessary to properly monitor and assess driver
12 performance and assist the courts in the proper disposition
13 of repeat traffic law offenders, the clerk of the court shall
14 forward to the Secretary of State, on a form prescribed by
15 the Secretary, records of driver's participation in a driver
16 remedial or rehabilitative program or mandated use of an
17 ignition interlock device as provided in Section 6-206.2 of
18 this Code which was required, through a court order or court
19 supervision, in relation to the driver's arrest for a
20 violation of Section 11-501 of this Code or a similar
21 provision of a local ordinance. Such reports shall be sent
22 within 10 days after the driver's referral to such driver
23 remedial or rehabilitative program. Such reports, including
24 those required to be forwarded under subsection 4 of
25 paragraph (a), shall be recorded to the driver's file, but
26 shall not be released to any outside source, except the
27 affected driver, and shall be used only to assist in
28 assessing driver performance and for the purpose of informing
29 the courts that such driver has been previously assigned
30 court supervision or referred to a driver's remedial or
31 rehabilitative program.
32 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
33 revised 9-16-98.)
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1 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
2 Sec. 6-205. Mandatory revocation of license or permit;
3 Hardship cases.
4 (a) Except as provided in this Section, the Secretary of
5 State shall immediately revoke the license or permit of any
6 driver upon receiving a report of the driver's conviction of
7 any of the following offenses:
8 1. Reckless homicide resulting from the operation
9 of a motor vehicle;
10 2. Violation of Section 11-501 of this Code or a
11 similar provision of a local ordinance relating to the
12 offense of operating or being in physical control of a
13 vehicle while under the influence of alcohol, other drug
14 or drugs, intoxicating compound or compounds, or any
15 combination thereof;
16 3. Any felony under the laws of any State or the
17 federal government in the commission of which a motor
18 vehicle was used;
19 4. Violation of Section 11-401 of this Code
20 relating to the offense of leaving the scene of a traffic
21 accident involving death or personal injury;
22 5. Perjury or the making of a false affidavit or
23 statement under oath to the Secretary of State under this
24 Code or under any other law relating to the ownership or
25 operation of motor vehicles;
26 6. Conviction upon 3 charges of violation of
27 Section 11-503 of this Code relating to the offense of
28 reckless driving committed within a period of 12 months;
29 7. Conviction of the offense of automobile theft as
30 defined in Section 4-102 of this Code;
31 8. Violation of Section 11-504 of this Code
32 relating to the offense of drag racing;
33 9. Violation of Chapters 8 and 9 of this Code;
34 10. Violation of Section 12-5 of the Criminal Code
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1 of 1961 arising from the use of a motor vehicle;
2 11. Violation of Section 11-204.1 of this Code
3 relating to aggravated fleeing or attempting to elude a
4 police officer;
5 12. Violation of paragraph (1) of subsection (b) of
6 Section 6-507, or a similar law of any other state,
7 relating to the unlawful operation of a commercial motor
8 vehicle;
9 13. Violation of paragraph (a) of Section 11-502 of
10 this Code or a similar provision of a local ordinance if
11 the driver has been previously convicted of a violation
12 of that Section or a similar provision of a local
13 ordinance and the driver was less than 21 years of age at
14 the time of the offense;.
15 14. Violation of Section 6-206.2 relating to an
16 ignition interlock device, as provided in Section
17 6-206.3.
18 (b) The Secretary of State shall also immediately revoke
19 the license or permit of any driver in the following
20 situations:
21 1. Of any minor upon receiving the notice provided
22 for in Section 5-901 of the Juvenile Court Act of 1987
23 that the minor has been adjudicated under that Act as
24 having committed an offense relating to motor vehicles
25 prescribed in Section 4-103 of this Code;
26 2. Of any person when any other law of this State
27 requires either the revocation or suspension of a license
28 or permit.
29 (c) Whenever a person is convicted of any of the
30 offenses enumerated in this Section, the court may recommend
31 and the Secretary of State in his discretion, without regard
32 to whether the recommendation is made by the court, may, upon
33 application, issue to the person a restricted driving permit
34 granting the privilege of driving a motor vehicle between the
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1 petitioner's residence and petitioner's place of employment
2 or within the scope of the petitioner's employment related
3 duties, or to allow transportation for the petitioner or a
4 household member of the petitioner's family for the receipt
5 of necessary medical care or, if the professional evaluation
6 indicates, provide transportation for the petitioner for
7 alcohol remedial or rehabilitative activity, or for the
8 petitioner to attend classes, as a student, in an accredited
9 educational institution; if the petitioner is able to
10 demonstrate that no alternative means of transportation is
11 reasonably available and the petitioner will not endanger the
12 public safety or welfare; provided that the Secretary's
13 discretion shall be limited to cases where undue hardship
14 would result from a failure to issue the restricted driving
15 permit. In each case the Secretary of State may issue a
16 restricted driving permit for a period he deems appropriate,
17 except that the permit shall expire within one year from the
18 date of issuance. A restricted driving permit issued under
19 this Section shall be subject to cancellation, revocation,
20 and suspension by the Secretary of State in like manner and
21 for like cause as a driver's license issued under this Code
22 may be cancelled, revoked, or suspended; except that a
23 conviction upon one or more offenses against laws or
24 ordinances regulating the movement of traffic shall be deemed
25 sufficient cause for the revocation, suspension, or
26 cancellation of a restricted driving permit. The Secretary of
27 State may, as a condition to the issuance of a restricted
28 driving permit, require the applicant to participate in a
29 designated driver remedial or rehabilitative program. The
30 Secretary of State is authorized to cancel a restricted
31 driving permit if the permit holder does not successfully
32 complete the program. However, if an individual's driving
33 privileges have been revoked in accordance with paragraph 13
34 of subsection (a) of this Section, no restricted driving
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1 permit shall be issued until the individual has served 6
2 months of the revocation period. The Secretary of State
3 shall, as a condition of the issuance of a restricted driving
4 permit to a person whose license is revoked under paragraph 2
5 or 14 of subsection (a), prohibit the person from operating a
6 motor vehicle not equipped with an ignition interlock device,
7 as provided in Section 6-206.2. The Secretary of State may
8 also impose that condition as a condition of the issuance of
9 a restricted driving permit to a person whose license is
10 revoked under any other paragraph of subsection (a) or
11 subsection (b).
12 (d) Whenever a person under the age of 21 is convicted
13 under Section 11-501 of this Code or a similar provision of a
14 local ordinance, the Secretary of State shall revoke the
15 driving privileges of that person. One year after the date
16 of revocation, and upon application, the Secretary of State
17 may, if satisfied that the person applying will not endanger
18 the public safety or welfare, issue a restricted driving
19 permit granting the privilege of driving a motor vehicle only
20 between the hours of 5 a.m. and 9 p.m. or as otherwise
21 provided by this Section for a period of one year. After
22 this one year period, and upon reapplication for a license as
23 provided in Section 6-106, upon payment of the appropriate
24 reinstatement fee provided under paragraph (b) of Section
25 6-118, the Secretary of State, in his discretion, may issue
26 the applicant a license, or extend the restricted driving
27 permit as many times as the Secretary of State deems
28 appropriate, by additional periods of not more than 12 months
29 each, until the applicant attains 21 years of age. A
30 restricted driving permit issued under this Section shall be
31 subject to cancellation, revocation, and suspension by the
32 Secretary of State in like manner and for like cause as a
33 driver's license issued under this Code may be cancelled,
34 revoked, or suspended; except that a conviction upon one or
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1 more offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for the
3 revocation, suspension, or cancellation of a restricted
4 driving permit. Any person under 21 years of age who has a
5 driver's license revoked for a second or subsequent
6 conviction for driving under the influence, prior to the age
7 of 21, shall not be eligible to submit an application for a
8 full reinstatement of driving privileges or a restricted
9 driving permit until age 21 or one additional year from the
10 date of the latest such revocation, whichever is the longer.
11 The revocation periods contained in this subparagraph shall
12 apply to similar out-of-state convictions. The Secretary of
13 State shall, as a condition of the issuance of a restricted
14 driving permit under this subsection, prohibit the person
15 from operating a motor vehicle not equipped with an ignition
16 interlock device, as provided in Section 6-206.2.
17 (e) This Section is subject to the provisions of the
18 Driver License Compact.
19 (f) Any revocation imposed upon any person under
20 subsections 2 and 3 of paragraph (b) that is in effect on
21 December 31, 1988 shall be converted to a suspension for a
22 like period of time.
23 (g) The Secretary of State shall not issue a restricted
24 driving permit to a person under the age of 16 years whose
25 driving privileges have been revoked under any provisions of
26 this Code.
27 (h) The Secretary of State may use ignition interlock
28 device requirements when granting driving relief to
29 individuals who have been arrested for an a second or
30 subsequent offense under Section 11-501 of this Code or a
31 similar provision of a local ordinance. The Secretary shall
32 establish by rule and regulation the procedures for use of
33 the interlock system.
34 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
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1 89-626, eff. 8-9-96; 90-369, eff. 1-1-98; 90-590, eff.
2 1-1-99; 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; revised
3 9-16-98.)
4 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
5 Sec. 6-206. Discretionary authority to suspend or revoke
6 license or permit; Right to a hearing.
7 (a) The Secretary of State is authorized to suspend or
8 revoke the driving privileges of any person without
9 preliminary hearing upon a showing of the person's records or
10 other sufficient evidence that the person:
11 1. Has committed an offense for which mandatory
12 revocation of a driver's license or permit is required
13 upon conviction;
14 2. Has been convicted of not less than 3 offenses
15 against traffic regulations governing the movement of
16 vehicles committed within any 12 month period. No
17 revocation or suspension shall be entered more than 6
18 months after the date of last conviction;
19 3. Has been repeatedly involved as a driver in
20 motor vehicle collisions or has been repeatedly convicted
21 of offenses against laws and ordinances regulating the
22 movement of traffic, to a degree that indicates lack of
23 ability to exercise ordinary and reasonable care in the
24 safe operation of a motor vehicle or disrespect for the
25 traffic laws and the safety of other persons upon the
26 highway;
27 4. Has by the unlawful operation of a motor vehicle
28 caused or contributed to an accident resulting in death
29 or injury requiring immediate professional treatment in a
30 medical facility or doctor's office to any person, except
31 that any suspension or revocation imposed by the
32 Secretary of State under the provisions of this
33 subsection shall start no later than 6 months after being
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1 convicted of violating a law or ordinance regulating the
2 movement of traffic, which violation is related to the
3 accident, or shall start not more than one year after the
4 date of the accident, whichever date occurs later;
5 5. Has permitted an unlawful or fraudulent use of a
6 driver's license, identification card, or permit;
7 6. Has been lawfully convicted of an offense or
8 offenses in another state, including the authorization
9 contained in Section 6-203.1, which if committed within
10 this State would be grounds for suspension or revocation;
11 7. Has refused or failed to submit to an
12 examination provided for by Section 6-207 or has failed
13 to pass the examination;
14 8. Is ineligible for a driver's license or permit
15 under the provisions of Section 6-103;
16 9. Has made a false statement or knowingly
17 concealed a material fact or has used false information
18 or identification in any application for a license,
19 identification card, or permit;
20 10. Has possessed, displayed, or attempted to
21 fraudulently use any license, identification card, or
22 permit not issued to the person;
23 11. Has operated a motor vehicle upon a highway of
24 this State when the person's driving privilege or
25 privilege to obtain a driver's license or permit was
26 revoked or suspended unless the operation was authorized
27 by a judicial driving permit, probationary license to
28 drive, or a restricted driving permit issued under this
29 Code;
30 12. Has submitted to any portion of the application
31 process for another person or has obtained the services
32 of another person to submit to any portion of the
33 application process for the purpose of obtaining a
34 license, identification card, or permit for some other
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1 person;
2 13. Has operated a motor vehicle upon a highway of
3 this State when the person's driver's license or permit
4 was invalid under the provisions of Sections 6-107.1 and
5 6-110;
6 14. Has committed a violation of Section 6-301,
7 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
8 14B of the Illinois Identification Card Act;
9 15. Has been convicted of violating Section 21-2 of
10 the Criminal Code of 1961 relating to criminal trespass
11 to vehicles in which case, the suspension shall be for
12 one year;
13 16. Has been convicted of violating Section 11-204
14 of this Code relating to fleeing from a police officer;
15 17. Has refused to submit to a test, or tests, as
16 required under Section 11-501.1 of this Code and the
17 person has not sought a hearing as provided for in
18 Section 11-501.1;
19 18. Has, since issuance of a driver's license or
20 permit, been adjudged to be afflicted with or suffering
21 from any mental disability or disease;
22 19. Has committed a violation of paragraph (a) or
23 (b) of Section 6-101 relating to driving without a
24 driver's license;
25 20. Has been convicted of violating Section 6-104
26 relating to classification of driver's license;
27 21. Has been convicted of violating Section 11-402
28 of this Code relating to leaving the scene of an accident
29 resulting in damage to a vehicle in excess of $1,000, in
30 which case the suspension shall be for one year;
31 22. Has used a motor vehicle in violating paragraph
32 (3), (4), (7), or (9) of subsection (a) of Section 24-1
33 of the Criminal Code of 1961 relating to unlawful use of
34 weapons, in which case the suspension shall be for one
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1 year;
2 23. Has, as a driver, been convicted of committing
3 a violation of paragraph (a) of Section 11-502 of this
4 Code for a second or subsequent time within one year of a
5 similar violation;
6 24. Has been convicted by a court-martial or
7 punished by non-judicial punishment by military
8 authorities of the United States at a military
9 installation in Illinois of or for a traffic related
10 offense that is the same as or similar to an offense
11 specified under Section 6-205 or 6-206 of this Code;
12 25. Has permitted any form of identification to be
13 used by another in the application process in order to
14 obtain or attempt to obtain a license, identification
15 card, or permit;
16 26. Has altered or attempted to alter a license or
17 has possessed an altered license, identification card, or
18 permit;
19 27. Has violated Section 6-16 of the Liquor Control
20 Act of 1934;
21 28. Has been convicted of the illegal possession,
22 while operating or in actual physical control, as a
23 driver, of a motor vehicle, of any controlled substance
24 prohibited under the Illinois Controlled Substances Act
25 or any cannabis prohibited under the provisions of the
26 Cannabis Control Act, in which case the person's driving
27 privileges shall be suspended for one year, and any
28 driver who is convicted of a second or subsequent
29 offense, within 5 years of a previous conviction, for the
30 illegal possession, while operating or in actual physical
31 control, as a driver, of a motor vehicle, of any
32 controlled substance prohibited under the provisions of
33 the Illinois Controlled Substances Act or any cannabis
34 prohibited under the Cannabis Control Act shall be
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1 suspended for 5 years. Any defendant found guilty of this
2 offense while operating a motor vehicle, shall have an
3 entry made in the court record by the presiding judge
4 that this offense did occur while the defendant was
5 operating a motor vehicle and order the clerk of the
6 court to report the violation to the Secretary of State;
7 29. Has been convicted of the following offenses
8 that were committed while the person was operating or in
9 actual physical control, as a driver, of a motor vehicle:
10 criminal sexual assault, predatory criminal sexual
11 assault of a child, aggravated criminal sexual assault,
12 criminal sexual abuse, aggravated criminal sexual abuse,
13 juvenile pimping, soliciting for a juvenile prostitute
14 and the manufacture, sale or delivery of controlled
15 substances or instruments used for illegal drug use or
16 abuse in which case the driver's driving privileges shall
17 be suspended for one year;
18 30. Has been convicted a second or subsequent time
19 for any combination of the offenses named in paragraph 29
20 of this subsection, in which case the person's driving
21 privileges shall be suspended for 5 years;
22 31. Has refused to submit to a test as required by
23 Section 11-501.6 or has submitted to a test resulting in
24 an alcohol concentration of 0.08 or more or any amount of
25 a drug, substance, or compound resulting from the
26 unlawful use or consumption of cannabis as listed in the
27 Cannabis Control Act or a controlled substance as listed
28 in the Illinois Controlled Substances Act in which case
29 the penalty shall be as prescribed in Section 6-208.1;
30 32. Has been convicted of Section 24-1.2 of the
31 Criminal Code of 1961 relating to the aggravated
32 discharge of a firearm if the offender was located in a
33 motor vehicle at the time the firearm was discharged, in
34 which case the suspension shall be for 3 years;
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1 33. Has as a driver, who was less than 21 years of
2 age on the date of the offense, been convicted a first
3 time of a violation of paragraph (a) of Section 11-502 of
4 this Code or a similar provision of a local ordinance;
5 34. Has committed a violation of Section 11-1301.5
6 of this Code;
7 35. Has committed a violation of Section 11-1301.6
8 of this Code; or
9 36. Is under the age of 21 years at the time of
10 arrest and has been convicted of not less than 2
11 offenses against traffic regulations governing the
12 movement of vehicles committed within any 24 month
13 period. No revocation or suspension shall be entered
14 more than 6 months after the date of last conviction.
15 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16 and 27 of this subsection, license means any driver's
17 license, any traffic ticket issued when the person's driver's
18 license is deposited in lieu of bail, a suspension notice
19 issued by the Secretary of State, a duplicate or corrected
20 driver's license, a probationary driver's license or a
21 temporary driver's license.
22 (b) If any conviction forming the basis of a suspension
23 or revocation authorized under this Section is appealed, the
24 Secretary of State may rescind or withhold the entry of the
25 order of suspension or revocation, as the case may be,
26 provided that a certified copy of a stay order of a court is
27 filed with the Secretary of State. If the conviction is
28 affirmed on appeal, the date of the conviction shall relate
29 back to the time the original judgment of conviction was
30 entered and the 6 month limitation prescribed shall not
31 apply.
32 (c) 1. Upon suspending or revoking the driver's license
33 or permit of any person as authorized in this Section,
34 the Secretary of State shall immediately notify the
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1 person in writing of the revocation or suspension. The
2 notice to be deposited in the United States mail, postage
3 prepaid, to the last known address of the person.
4 2. If the Secretary of State suspends the driver's
5 license of a person under subsection 2 of paragraph (a)
6 of this Section, a person's privilege to operate a
7 vehicle as an occupation shall not be suspended, provided
8 an affidavit is properly completed, the appropriate fee
9 received, and a permit issued prior to the effective date
10 of the suspension, unless 5 offenses were committed, at
11 least 2 of which occurred while operating a commercial
12 vehicle in connection with the driver's regular
13 occupation. All other driving privileges shall be
14 suspended by the Secretary of State. Any driver prior to
15 operating a vehicle for occupational purposes only must
16 submit the affidavit on forms to be provided by the
17 Secretary of State setting forth the facts of the
18 person's occupation. The affidavit shall also state the
19 number of offenses committed while operating a vehicle in
20 connection with the driver's regular occupation. The
21 affidavit shall be accompanied by the driver's license.
22 Upon receipt of a properly completed affidavit, the
23 Secretary of State shall issue the driver a permit to
24 operate a vehicle in connection with the driver's regular
25 occupation only. Unless the permit is issued by the
26 Secretary of State prior to the date of suspension, the
27 privilege to drive any motor vehicle shall be suspended
28 as set forth in the notice that was mailed under this
29 Section. If an affidavit is received subsequent to the
30 effective date of this suspension, a permit may be issued
31 for the remainder of the suspension period.
32 The provisions of this subparagraph shall not apply
33 to any driver required to obtain a commercial driver's
34 license under Section 6-507 during the period of a
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1 disqualification of commercial driving privileges under
2 Section 6-514.
3 Any person who falsely states any fact in the
4 affidavit required herein shall be guilty of perjury
5 under Section 6-302 and upon conviction thereof shall
6 have all driving privileges revoked without further
7 rights.
8 3. At the conclusion of a hearing under Section
9 2-118 of this Code, the Secretary of State shall either
10 rescind or continue an order of revocation or shall
11 substitute an order of suspension; or, good cause
12 appearing therefor, rescind, continue, change, or extend
13 the order of suspension. If the Secretary of State does
14 not rescind the order, the Secretary may upon
15 application, to relieve undue hardship, issue a
16 restricted driving permit granting the privilege of
17 driving a motor vehicle between the petitioner's
18 residence and petitioner's place of employment or within
19 the scope of his employment related duties, or to allow
20 transportation for the petitioner, or a household member
21 of the petitioner's family, to receive necessary medical
22 care and if the professional evaluation indicates,
23 provide transportation for alcohol remedial or
24 rehabilitative activity, or for the petitioner to attend
25 classes, as a student, in an accredited educational
26 institution; if the petitioner is able to demonstrate
27 that no alternative means of transportation is reasonably
28 available and the petitioner will not endanger the public
29 safety or welfare. In each case the Secretary may issue a
30 restricted driving permit for a period deemed
31 appropriate, except that all permits shall expire within
32 one year from the date of issuance. A restricted driving
33 permit issued under this Section shall be subject to
34 cancellation, revocation, and suspension by the Secretary
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1 of State in like manner and for like cause as a driver's
2 license issued under this Code may be cancelled, revoked,
3 or suspended; except that a conviction upon one or more
4 offenses against laws or ordinances regulating the
5 movement of traffic shall be deemed sufficient cause for
6 the revocation, suspension, or cancellation of a
7 restricted driving permit. The Secretary of State may, as
8 a condition to the issuance of a restricted driving
9 permit, require the applicant to participate in a
10 designated driver remedial or rehabilitative program. The
11 Secretary of State is authorized to cancel a restricted
12 driving permit if the permit holder does not successfully
13 complete the program. The Secretary of State shall, as a
14 condition of the issuance of a restricted driving permit
15 to a person whose license is revoked under paragraph 17,
16 23, or 31 of subsection (a), prohibit the person from
17 operating a motor vehicle not equipped with an ignition
18 interlock device, as provided in Section 6-206.2. The
19 Secretary of State may also impose that condition as a
20 condition of the issuance of a restricted driving permit
21 to a person whose license is revoked under any other
22 paragraph of subsection (a).
23 (c-5) The Secretary of State may, as a condition of the
24 reissuance of a driver's license or permit to an applicant
25 under the age of 18 years whose driver's license or permit
26 has been suspended pursuant to any of the provisions of this
27 Section, require the applicant to participate in a driver
28 remedial education course and be retested under Section 6-109
29 of this Code.
30 (d) This Section is subject to the provisions of the
31 Drivers License Compact.
32 (e) The Secretary of State shall not issue a restricted
33 driving permit to a person under the age of 16 years whose
34 driving privileges have been suspended or revoked under any
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1 provisions of this Code.
2 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
3 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
4 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
5 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
6 Sec. 6-206.1. Judicial Driving Permit. Declaration of
7 Policy. It is hereby declared a policy of the State of
8 Illinois that the driver who is impaired by alcohol, other
9 drug or drugs, or intoxicating compound or compounds is a
10 threat to the public safety and welfare. Therefore, to
11 provide a deterrent to such practice and to remove problem
12 drivers from the highway, a statutory summary driver's
13 license suspension is appropriate. It is also recognized that
14 driving is a privilege and therefore, that in some cases the
15 granting of limited driving privileges, where consistent with
16 public safety, is warranted during the period of suspension
17 in the form of a judicial driving permit to drive for the
18 purpose of employment, receiving drug treatment or medical
19 care, and educational pursuits, where no alternative means of
20 transportation is available.
21 The following procedures shall apply whenever a first
22 offender is arrested for any offense as defined in Section
23 11-501 or a similar provision of a local ordinance:
24 (a) Subsequent to a notification of a statutory summary
25 suspension of driving privileges as provided in Section
26 11-501.1, the first offender as defined in Section 11-500 may
27 petition the circuit court of venue for a Judicial Driving
28 Permit, hereinafter referred as a JDP, to relieve undue
29 hardship. The court may issue a court order, pursuant to
30 the criteria contained in this Section, directing the
31 Secretary of State to issue such a JDP to the petitioner. A
32 JDP shall not become effective prior to the 31st day of the
33 original statutory summary suspension and shall always be
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1 subject to the following criteria:
2 1. If ordered for the purposes of employment, the
3 JDP shall be only for the purpose of providing the
4 petitioner the privilege of driving a motor vehicle
5 between the petitioner's residence and the petitioner's
6 place of employment and return; or within the scope of
7 the petitioner's employment related duties, shall be
8 effective only during and limited to those specific times
9 and routes actually required to commute or perform the
10 petitioner's employment related duties.
11 2. The court, by a court order, may also direct the
12 Secretary of State to issue a JDP to allow transportation
13 for the petitioner, or a household member of the
14 petitioner's family, to receive alcohol, drug, or
15 intoxicating compound treatment or medical care, if the
16 petitioner is able to demonstrate that no alternative
17 means of transportation is reasonably available. Such JDP
18 shall be effective only during the specific times
19 actually required to commute.
20 3. The court, by a court order, may also direct the
21 Secretary of State to issue a JDP to allow transportation
22 by the petitioner for educational purposes upon
23 demonstrating that there are no alternative means of
24 transportation reasonably available to accomplish those
25 educational purposes. Such JDP shall be only for the
26 purpose of providing transportation to and from the
27 petitioner's residence and the petitioner's place of
28 educational activity, and only during the specific times
29 and routes actually required to commute or perform the
30 petitioner's educational requirement.
31 4. The Court shall not issue an order granting a
32 JDP to:
33 (i) Any person unless and until the court,
34 after considering the results of a current
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1 professional evaluation of the person's alcohol or
2 other drug use by an agency pursuant to Section
3 15-10 of the Alcoholism and Other Drug Abuse and
4 Dependency Act and other appropriate investigation
5 of the person, is satisfied that granting the
6 privilege of driving a motor vehicle on the highways
7 will not endanger the public safety or welfare.
8 (ii) Any person who has been convicted of
9 reckless homicide within the previous 5 years.
10 (iii) Any person whose privilege to operate a
11 motor vehicle was invalid at the time of arrest for
12 the current violation of Section 11-501, or a
13 similar provision of a local ordinance, except in
14 cases where the cause for a driver's license
15 suspension has been removed at the time a JDP is
16 effective. In any case, should the Secretary of
17 State enter a suspension or revocation of driving
18 privileges pursuant to the provisions of this Code
19 while the JDP is in effect or pending, the Secretary
20 shall take the prescribed action and provide a
21 notice to the person and the court ordering the
22 issuance of the JDP that all driving privileges,
23 including those provided by the issuance of the JDP,
24 have been withdrawn.
25 (iv) Any person under the age of 18 years.
26 (b) Prior to ordering the issuance of a JDP the Court
27 should consider at least, but not be limited to, the
28 following issues:
29 1. Whether the person is employed and no other
30 means of commuting to the place of employment is
31 available or that the person must drive as a condition of
32 employment. The employer shall certify the hours of
33 employment and the need and parameters necessary for
34 driving as a condition to employment.
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1 2. Whether the person must drive to secure alcohol
2 or other medical treatment for himself or a family
3 member.
4 3. Whether the person must drive for educational
5 purposes. The educational institution shall certify the
6 person's enrollment in and academic schedule at the
7 institution.
8 4. Whether the person has been repeatedly convicted
9 of traffic violations or involved in motor vehicle
10 accidents to a degree which indicates disrespect for
11 public safety.
12 5. Whether the person has been convicted of a
13 traffic violation in connection with a traffic accident
14 resulting in the death of any person within the last 5
15 years.
16 6. Whether the person is likely to obey the limited
17 provisions of the JDP.
18 7. Whether the person has any additional traffic
19 violations pending in any court.
20 For purposes of this Section, programs conducting
21 professional evaluations of a person's alcohol, other drug,
22 or intoxicating compound use must report, to the court of
23 venue, using a form prescribed by the Secretary of State. A
24 copy of such evaluations shall be sent to the Secretary of
25 State by the court. However, the evaluation information shall
26 be privileged and only available to courts and to the
27 Secretary of State, but shall not be admissible in the
28 subsequent trial on the underlying charge.
29 (c) The scope of any court order issued for a JDP under
30 this Section shall be limited to the operation of a motor
31 vehicle as provided for in subsection (a) of this Section and
32 shall specify the petitioner's residence, place of employment
33 or location of educational institution, and the scope of job
34 related duties, if relevant. The JDP shall also specify days
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1 of the week and specific hours of the day when the petitioner
2 is able to exercise the limited privilege of operating a
3 motor vehicle. If the Petitioner, who has been granted a JDP,
4 is issued a citation for a traffic related offense, including
5 operating a motor vehicle outside the limitations prescribed
6 in the JDP or a violation of Section 6-303, or is convicted
7 of any such an offense during the term of the JDP, the court
8 shall consider cancellation of the limited driving permit.
9 In any case, if the Petitioner commits an offense, as defined
10 in Section 11-501, or a similar provision of a local
11 ordinance, as evidenced by the issuance of a Uniform Traffic
12 Ticket, the JDP shall be forwarded by the court of venue to
13 the court ordering the issuance of the JDP, for cancellation.
14 The court shall notify the Secretary of State of any such
15 cancellation.
16 (d) The Secretary of State shall, upon receiving a court
17 order from the court of venue, issue a JDP to a successful
18 Petitioner under this Section. Such court order form shall
19 also contain a notification, which shall be sent to the
20 Secretary of State, providing the name, driver's license
21 number and legal address of the successful petitioner, and
22 the full and detailed description of the limitations of the
23 JDP. This information shall be available only to the courts,
24 police officers, and the Secretary of State, except during
25 the actual period the JDP is valid, during which time it
26 shall be a public record. The Secretary of State shall design
27 and furnish to the courts an official court order form to be
28 used by the courts when directing the Secretary of State to
29 issue a JDP.
30 Any submitted court order that contains insufficient data
31 or fails to comply with this Code shall not be utilized for
32 JDP issuance or entered to the driver record but shall be
33 returned to the issuing court indicating why the JDP cannot
34 be so entered. A notice of this action shall also be sent to
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1 the JDP petitioner by the Secretary of State.
2 (e) The circuit court of venue may conduct the judicial
3 hearing, as provided in Section 2-118.1, and the JDP hearing
4 provided in this Section, concurrently. Such concurrent
5 hearing shall proceed in the court in the same manner as in
6 other civil proceedings.
7 (f) The circuit court of venue shall, as a condition of
8 the issuance of a JDP, prohibit the person from operating a
9 motor vehicle not equipped with an ignition interlock device,
10 as provided in Section 6-206.2.
11 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)
12 (625 ILCS 5/6-206.2 new)
13 Sec. 6-206.2. Ignition interlock device.
14 (a) For the purpose of this Section, "ignition interlock
15 device" means a device installed in a motor vehicle that
16 prevents the vehicle from starting until the device has
17 determined, by an analysis of the alcohol content of the
18 driver's breath, that the driver is not intoxicated.
19 (b) In addition to any other penalties imposed under
20 law, a court, upon its own initiative or upon recommendation
21 by the Secretary of State, may require, as a condition of
22 supervision imposed for a violation of Section 11-501, that
23 the violator not operate a motor vehicle during a period
24 specified by the court unless that vehicle is equipped with a
25 functioning certified ignition interlock device in accordance
26 with this Section. A court shall impose this condition as a
27 requirement of supervision for violation of Section 11-501 if
28 the person had a blood alcohol content of 1.5 or more. A
29 court shall impose this requirement as a condition on the
30 issuance of a JDP to a person who has violated Section
31 11-501.1.
32 The Secretary of State shall require, as a condition for
33 the issuance of a restricted driving permit for a person
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1 whose driving privileges have been revoked or suspended for a
2 violation of Section 11-501 or 11-501.1, that the person not
3 operate a motor vehicle unless that vehicle is equipped with
4 a functioning certified ignition interlock device as provided
5 in this Section, and may impose such condition on the
6 reinstatement of the person's driving privileges.
7 (c) If the court or the Secretary of State imposes the
8 use of an ignition interlock device, the court or the
9 Secretary of State may require the installation of an
10 ignition interlock device on any vehicle that the person owns
11 or operates, except as provided in subsection (g). If the
12 person claims inability to pay for any installation ordered
13 under this Section, the court or the Secretary of State shall
14 determine the person's ability to pay in accordance with
15 Section 6-206.7.
16 (d) If the court or the Secretary of State imposes the
17 use of an ignition interlock device, the court or the
18 Secretary of State shall require the person to provide proof
19 of installation to the court or the Secretary of State within
20 30 days. If the person fails to provide proof of
21 installation within that period, absent a finding by the
22 court or the Secretary of State of good cause for that
23 failure, the court shall notify the Secretary of State and
24 the Secretary of State, upon receiving that notification or
25 upon the Secretary's own finding of failure to provide proof
26 of installation without good cause, shall revoke or terminate
27 the person's privilege to operate a motor vehicle.
28 (e) The person whose driving privilege is restricted
29 under this Section shall report to the court or the Secretary
30 of State at least once annually, or more frequently as the
31 court or Secretary of State may require, on the operation of
32 each interlocking ignition device in the person's vehicle or
33 vehicles. The report shall include production of a
34 certification from a certified ignition interlock device
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1 installer that the device is operating properly on the
2 person's motor vehicle or vehicles and a certified report
3 showing each time the device blocked the motor vehicle from
4 starting.
5 (f) The court or the Secretary of State may require the
6 use of an approved ignition interlock device for the period
7 specified if the person is permitted to operate a motor
8 vehicle, whether or not the privilege to operate a motor
9 vehicle is restricted or under supervision by the court. The
10 court shall include on the abstract of conviction or
11 supervision submitted to the Secretary of State under Section
12 6-204 the requirement for, and the period of, the use of a
13 certified ignition interlock device required under this
14 Section. The records of the Secretary of State shall contain
15 a record reflecting mandatory use of the device.
16 (g) Notwithstanding subsections (b) and (c), if a person
17 is required to operate a motor vehicle in the course and
18 scope of his or her employment and if the vehicle is owned by
19 the employer, the person may operate that vehicle without
20 installation of an approved ignition interlock device if the
21 employer has been notified by the person subject to
22 restriction that the person's driving privilege has been
23 restricted under this Section and the person has proof of
24 that notification signed by the employer in acknowledgment of
25 receipt of such notification, or a facsimile thereof, in his
26 or her possession or carried within the vehicle during
27 operation of that vehicle by the person so restricted. A
28 motor vehicle owned by a business entity that is totally or
29 partly owned or controlled by a person otherwise subject to
30 this Section is not a motor vehicle owned by the employer
31 qualifying for the exemption permitted under this subsection.
32 (h) It is a violation of this Section for a person to
33 violate a condition imposed by a court or the Secretary of
34 State under this Section by operating a motor vehicle that is
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1 not equipped with a functioning certified ignition interlock
2 device, except as specifically authorized under subsection
3 (g).
4 (625 ILCS 5/6-206.3 new)
5 Sec. 6-602.3. Violations relating to an ignition
6 interlock device.
7 (a) In addition to any other penalties imposed under
8 law, upon conviction of a violation of Section 6-206.2, the
9 Secretary of State shall revoke the person's driving
10 privilege for one year from the date of conviction.
11 (b) In addition to any other penalties imposed under
12 law, if a person is convicted of a violation of Section
13 6-206.2, and if that person was convicted of a separate
14 violation of Section 6-206.2 during the same period of
15 required use of an approved ignition interlock device, the
16 Secretary of State shall revoke the person's driving
17 privilege for 5 years from the date of conviction.
18 (c) It is unlawful for any person whose driving
19 privilege is restricted under Section 6-206.2 to request or
20 solicit any other person to blow into an ignition interlock
21 device or to start a motor vehicle equipped with the device
22 for the purpose of providing the person so restricted with an
23 operable motor vehicle.
24 (d) It is unlawful to blow into an ignition interlock
25 device or to start a motor vehicle equipped with the device
26 for the purpose of providing an operable motor vehicle to a
27 person whose driving privilege is restricted under Section
28 6-206.2.
29 (e) It is unlawful to tamper with, or circumvent the
30 operation of, an ignition interlock device.
31 (f) Except as provided in subsection (g) of Section
32 6-206.2, no person shall knowingly rent, lease, or lend a
33 motor vehicle to a person known to have his or her driving
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1 privilege restricted under Section 6-206.2, unless the
2 vehicle is equipped with a functioning, certified ignition
3 interlock device. Any person whose driving privilege is
4 restricted as a condition of probation as provided in Section
5 6-206.2 shall notify any person intending to rent, lease, or
6 loan a motor vehicle to the restricted person of the driving
7 restriction imposed upon him or her under Section 2-602.2.
8 A person convicted of a violation of this subsection
9 shall be punished by imprisonment for not more than 6 months
10 or by a fine of not more than $5,000, or both.
11 (625 ILCS 5/6-206.4 new)
12 Sec. 6-206.4. Certification of ignition interlock
13 devices.
14 (a) The Secretary of State shall adopt rules setting
15 forth the criteria for certification of ignition interlock
16 devices required by Section 2-206.2. In adopting those
17 rules, the Secretary shall consider the accuracy requirements
18 and specifications provided in the guidelines adopted by the
19 National Highway Traffic Safety Administration for ignition
20 interlock devices.
21 (b) The rules shall provide for certification of
22 ignition interlock devices that:
23 (1) do not impede the safe operation of the
24 vehicle;
25 (2) have the fewest opportunities to be bypassed so
26 as to render the device ineffective; and
27 (3) have a memory that records by time and date
28 each time the device blocks the motor vehicle from
29 starting, and be capable of printing out a report of this
30 information for a certified ignition interlock device
31 installer.
32 (c) The manufacturer of an ignition interlock device may
33 request the Secretary of State to certify its device. Upon
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1 request, the Secretary shall evaluate the device and certify
2 it if it complies with the rules. The Secretary shall
3 publish a list of certified devices.
4 (d) The Secretary of State may utilize an independent
5 agency to certify the ignition interlock devices on or off
6 the premises of the manufacturer. The cost of certification
7 shall be paid by the manufacturer.
8 (625 ILCS 5/6-206.5 new)
9 Sec. 6-206.5. Report as evidence. A report printed out
10 by an ignition interlock device may not be used as evidence
11 against a person in a criminal or civil proceeding, unless
12 the person is required to use an ignition interlock device
13 under Section 6-206.2.
14 (625 ILCS 5/6-206.6 new)
15 Sec. 6-206.6. Certification of ignition interlock device
16 installers.
17 (a) Each manufacturer of a certified ignition interlock
18 device shall have a program to train persons who wish to
19 become certified ignition interlock device installers that
20 teaches (i) how to install the manufacturer's certified
21 ignition interlock device; (ii) how to check on whether an
22 installed device is operating property; and (iii) how to
23 program the device to print out a report of each time the
24 device blocked the motor vehicle from starting.
25 (b) For each person who successfully completes a
26 training program, the manufacturer shall issue a certificate
27 in the form prescribed by the Secretary of State, certifying
28 the person as a certified installer of its ignition interlock
29 device and file the certification with the Secretary. The
30 manufacturer shall also give a copy of the certification to
31 the certified installer. The Secretary of State shall
32 publish a list of certified ignition interlock device
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1 installers and the devices that they are certified to
2 install.
3 (c) The Secretary of State shall design and adopt by
4 rule a warning label stating that any person tampering with,
5 circumventing, or otherwise misusing the device is guilty of
6 a Class C misdemeanor and may be subject to civil liability.
7 The certified ignition interlock device installer shall, at
8 or before the time of installation, affix the label to the
9 device so that it is easily readable by the driver and front
10 seat passenger of the motor vehicle in which the device is
11 installed.
12 (d) The Secretary of State shall adopt rules setting
13 forth the method and forms by which the certified installer
14 is to certify to the court or the Secretary of State that an
15 ignition interlock device has been installed in a person's
16 motor vehicle, and thereafter the report printed out by the
17 device, to guarantee the truthfulness and accuracy of the
18 information. The Secretary of State may adopt any other
19 rules necessary to effectively administer this Section.
20 (625 ILCS 5/6-206.7 new)
21 Sec. 6-206.7. Ability to pay for ignition interlock
22 device.
23 (a) When a person is subject to the driving restrictions
24 imposed under Section 6-206.2, the court or the Secretary of
25 State may, after a hearing, make a determination of the
26 ability of the person to pay all or a portion of the
27 reasonable cost of the installation of an ignition interlock
28 device. The reasonable cost of the installation shall not
29 exceed the amount determined to be the actual average cost.
30 The court or the Secretary of State may order the person to
31 appear to make an inquiry into the ability of the person to
32 pay all or a portion of the costs. At a hearing, the person
33 shall be entitled to have, but shall not be limited to, the
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1 opportunity to be heard in person, to present witnesses and
2 other documentary evidence, and to receive a written
3 statement of the findings of the court or the Secretary of
4 State. If the court or the Secretary of State determines
5 that the person has the ability to pay all or part of the
6 costs, the court or the Secretary of State may establish
7 payments in the manner in which the court or the Secretary of
8 State believes reasonable and compatible with the person's
9 financial ability. In making a determination of whether a
10 person has the ability to pay, the court or Secretary of
11 State shall take into account the amount of any fine imposed
12 upon the person and any amount the person has been ordered to
13 pay in restitution.
14 If practicable, the court or the Secretary of State shall
15 order payments to be made on a monthly basis to the provider
16 of the ignition interlock device. Execution may be issued on
17 the order in the same manner as a judgment in a civil action.
18 The order to pay all or part of the costs shall not be
19 enforced by contempt.
20 (b) The term "ability to pay" means the overall
21 capability of a person to pay for the costs of leasing or
22 purchasing and installing an ignition interlock device and
23 shall include, but need not be limited to, all of the
24 following:
25 (1) The person's financial position.
26 (2) The person's discernible future financial
27 position. The court or the Secretary of State shall not
28 consider a period of more than 6 months from the date of
29 the hearing for purposes of determining reasonably
30 discernible future financial position.
31 (3) The likelihood that the person will be able to
32 obtain employment within the 6 month period from the date
33 of the hearing.
34 (4) Any other factors that may bear upon the
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1 person's ability to pay.
2 (c) At any time during the pendency of the hearing held
3 under this Section, a person may petition the court to modify
4 or vacate its previous order on the grounds of a change of
5 circumstances with regard to the person's ability to pay.
6 The court shall advise the person of this right at the time
7 of rendering of the order.
8 (d) All sums paid by a person under this Section shall
9 be allocated for the installation of an ignition interlock
10 device.
11 (e) A defendant subject to this Section shall directly
12 reimburse the provider of the ignition interlock device
13 installed for the cost of lease or purchase and installation
14 in accord with the payment schedule ordered by the court or
15 the Secretary of State. If practicable, the court or the
16 Secretary of State shall order payment to be made within a 6
17 month period. This Section does not require the county of
18 venue to pay the costs of purchasing and installing ignition
19 interlock devices ordered under Section 6-206.2. The
20 Secretary of State shall consult with the presiding judge or
21 his or her designee in each county to determine an
22 appropriate means, if any, to provide for installation of
23 ignition interlock devices in cases in which the person does
24 not have the ability to pay.
25 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
26 Sec. 6-208. Period of suspension; application after
27 revocation.
28 (a) Except as otherwise provided by this Code or any
29 other law of this State, the Secretary of State shall not
30 suspend a driver's license, permit or privilege to drive a
31 motor vehicle on the highways for a period of more than one
32 year.
33 (b) Any person whose license, permit or privilege to
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1 drive a motor vehicle on the highways has been revoked shall
2 not be entitled to have such license, permit or privilege
3 renewed or restored. However, such person may, except as
4 provided under subsection (d) of Section 6-205, make
5 application for a license pursuant to Section 6-106 (i) if
6 the revocation was for a cause which has been removed or (ii)
7 as provided in the following subparagraphs:
8 1. Except as provided in subparagraphs 2, 3, and 4,
9 the person may make application for a license after the
10 expiration of one year from the effective date of the
11 revocation or, in the case of a violation of paragraph
12 (b) of Section 11-401 of this Code or a similar provision
13 of a local ordinance, after the expiration of 3 years
14 from the effective date of the revocation or, in the case
15 of a violation of Section 9-3 of the Criminal Code of
16 1961 relating to the offense of reckless homicide, after
17 the expiration of 2 years from the effective date of the
18 revocation.; or
19 2. If such person is convicted of committing a
20 second violation within a 20 year period of:
21 (A) Section 11-501 of this Code, or a similar
22 provision of a local ordinance; or
23 (B) Paragraph (b) of Section 11-401 of this
24 Code, or a similar provision of a local ordinance;
25 or
26 (C) Section 9-3 of the Criminal Code of 1961,
27 as amended, relating to the offense of reckless
28 homicide; or
29 (D) any combination of the above offenses
30 committed at different instances;
31 then such person may not make application for a license
32 until after the expiration of 5 years from the effective
33 date of the most recent revocation. The 20 year period
34 shall be computed by using the dates the offenses were
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1 committed and shall also include similar out-of-state
2 offenses.
3 3. However, except as provided in subparagraph 4,
4 if such person is convicted of committing a third, or
5 subsequent, violation or any combination of the above
6 offenses, including similar out-of-state offenses,
7 contained in subparagraph 2, then such person may not
8 make application for a license until after the expiration
9 of 10 years from the effective date of the most recent
10 revocation.
11 4. The person may not make application for a
12 license if the person is convicted of committing a fourth
13 or subsequent violation of Section 11-501 of this Code or
14 a similar provision of a local ordinance, paragraph (b)
15 of Section 11-401 of this Code, Section 9-3 of the
16 Criminal Code of 1961, or a combination of these offenses
17 or similar provisions of local ordinances or similar
18 out-of-state offenses if the original revocation or
19 suspension was for a violation of Section 11-501 or
20 11-501.1 of this Code or a similar provision of a local
21 ordinance.
22 The Secretary of State may, as a condition for
23 reinstatement, prohibit a person whose driving privileges
24 have been revoked for a violation of Section 11-501 from
25 operating a motor vehicle not equipped with an ignition
26 interlock device, as provided in Section 6-206.2.
27 Notwithstanding any other provision of this Code, all
28 persons referred to in this paragraph (b) may not have their
29 privileges restored until the Secretary receives payment of
30 the required reinstatement fee pursuant to subsection (b) of
31 Section 6-118.
32 In no event shall the Secretary issue such license unless
33 and until such person has had a hearing pursuant to this Code
34 and the appropriate administrative rules and the Secretary is
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1 satisfied, after a review or investigation of such person,
2 that to grant the privilege of driving a motor vehicle on the
3 highways will not endanger the public safety or welfare.
4 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
5 90-738, eff. 1-1-99; revised 10-31-98.)
6 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
7 Sec. 6-208.1. Period of statutory summary alcohol, other
8 drug, or intoxicating compound related suspension.
9 (a) Unless the statutory summary suspension has been
10 rescinded, any person whose privilege to drive a motor
11 vehicle on the public highways has been summarily suspended,
12 pursuant to Section 11-501.1, shall not be eligible for
13 restoration of the privilege until the expiration of:
14 1. Six months from the effective date of the
15 statutory summary suspension for a refusal or failure to
16 complete a test or tests to determine the alcohol, drug,
17 or intoxicating compound concentration, pursuant to
18 Section 11-501.1; or
19 2. Three months from the effective date of the
20 statutory summary suspension imposed following the
21 person's submission to a chemical test which disclosed an
22 alcohol concentration of 0.08 or more, or any amount of a
23 drug, substance, or intoxicating compound in such
24 person's breath, blood, or urine resulting from the
25 unlawful use or consumption of cannabis listed in the
26 Cannabis Control Act, a controlled substance listed in
27 the Illinois Controlled Substances Act, or an
28 intoxicating compound listed in the Use of Intoxicating
29 Compounds Act, pursuant to Section 11-501.1; or
30 3. Three years from the effective date of the
31 statutory summary suspension for any person other than a
32 first offender who refuses or fails to complete a test or
33 tests to determine the alcohol, drug, or intoxicating
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1 compound concentration pursuant to Section 11-501.1; or
2 4. One year from the effective date of the summary
3 suspension imposed for any person other than a first
4 offender following submission to a chemical test which
5 disclosed an alcohol concentration of 0.08 or more
6 pursuant to Section 11-501.1 or any amount of a drug,
7 substance or compound in such person's blood or urine
8 resulting from the unlawful use or consumption of
9 cannabis listed in the Cannabis Control Act, a controlled
10 substance listed in the Illinois Controlled Substances
11 Act, or an intoxicating compound listed in the Use of
12 Intoxicating Compounds Act.
13 (b) Following a statutory summary suspension of the
14 privilege to drive a motor vehicle under Section 11-501.1,
15 full driving privileges shall be restored unless the person
16 is otherwise disqualified by this Code. If the court has
17 reason to believe that the person's driving privilege should
18 not be restored, the court shall notify the Secretary of
19 State prior to the expiration of the statutory summary
20 suspension so appropriate action may be taken pursuant to
21 this Code. The Secretary of State or the court may, as a
22 condition for restoration of a person's driving privileges,
23 prohibit the person from operating a motor vehicle not
24 equipped with an ignition interlock device, as provided in
25 Section 6-206.2.
26 (c) Full driving privileges may not be restored until
27 all applicable reinstatement fees, as provided by this Code,
28 have been paid to the Secretary of State and the appropriate
29 entry made to the driver's record.
30 (d) Where a driving privilege has been summarily
31 suspended under Section 11-501.1 and the person is
32 subsequently convicted of violating Section 11-501, or a
33 similar provision of a local ordinance, for the same
34 incident, any period served on statutory summary suspension
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1 shall be credited toward the minimum period of revocation of
2 driving privileges imposed pursuant to Section 6-205.
3 (e) Following a statutory summary suspension of driving
4 privileges pursuant to Section 11-501.1, for a first
5 offender, the circuit court may, after at least 30 days from
6 the effective date of the statutory summary suspension, issue
7 a judicial driving permit as provided in Section 6-206.1.
8 (f) Subsequent to an arrest of a first offender, for any
9 offense as defined in Section 11-501 or a similar provision
10 of a local ordinance, following a statutory summary
11 suspension of driving privileges pursuant to Section
12 11-501.1, for a first offender, the circuit court may issue a
13 court order directing the Secretary of State to issue a
14 judicial driving permit as provided in Section 6-206.1.
15 However, this JDP shall not be effective prior to the 31st
16 day of the statutory summary suspension.
17 (g) Following a statutory summary suspension of driving
18 privileges pursuant to Section 11-501.1 where the person was
19 not a first offender, as defined in Section 11-500 and such
20 person refused or failed to complete a test or tests to
21 determine the alcohol, drug, or intoxicating compound
22 concentration pursuant to Section 11-501.1, the Secretary of
23 State may issue a restricted driving permit if at least 2
24 years have elapsed since the effective date of the statutory
25 summary suspension.
26 (h) Following a statutory summary suspension of driving
27 privileges pursuant to Section 11-501.1 where the person was
28 not a first offender as defined in Section 11-500 and such
29 person submitted to a chemical test which disclosed an
30 alcohol concentration of 0.08 or more pursuant to Section
31 11-501.1, the Secretary of State may, after at least 90 days
32 from the effective date of the statutory summary suspension,
33 issue a restricted driving permit.
34 (i) The Secretary of State shall, as a condition of a
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1 restricted driving permit issued under this Section, prohibit
2 the person from operating a motor vehicle not equipped with
3 an ignition interlock device, as provided in Section 6-206.2.
4
5 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
6 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
8 Sec. 11-501. Driving while under the influence of
9 alcohol, other drug or drugs, intoxicating compound or
10 compounds or any combination thereof.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood
14 or breath is 0.08 or more based on the definition of
15 blood and breath units in Section 11-501.2;
16 (2) under the influence of alcohol;
17 (3) under the influence of any intoxicating
18 compound or combination of intoxicating compounds to a
19 degree that renders the person incapable of driving
20 safely;
21 (4) under the influence of any other drug or
22 combination of drugs to a degree that renders the person
23 incapable of safely driving;
24 (5) under the combined influence of alcohol, other
25 drug or drugs, or intoxicating compound or compounds to a
26 degree that renders the person incapable of safely
27 driving; or
28 (6) there is any amount of a drug, substance, or
29 compound in the person's breath, blood, or urine
30 resulting from the unlawful use or consumption of
31 cannabis listed in the Cannabis Control Act, a controlled
32 substance listed in the Illinois Controlled Substances
33 Act, or an intoxicating compound listed in the Use of
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1 Intoxicating Compounds Act.
2 (b) The fact that any person charged with violating this
3 Section is or has been legally entitled to use alcohol, other
4 drug or drugs, or intoxicating compound or compounds, or any
5 combination thereof, shall not constitute a defense against
6 any charge of violating this Section.
7 (c) Except as provided under paragraphs (c-3) and (d) of
8 this Section, every person convicted of violating this
9 Section or a similar provision of a local ordinance, shall be
10 guilty of a Class A misdemeanor and, in addition to any other
11 criminal or administrative action, for any second conviction
12 of violating this Section or a similar provision of a law of
13 another state or local ordinance committed within 5 years of
14 a previous violation of this Section or a similar provision
15 of a local ordinance shall be mandatorily sentenced to a
16 minimum of 48 consecutive hours of imprisonment or assigned
17 to a minimum of 100 hours of community service as may be
18 determined by the court. Every person convicted of violating
19 this Section or a similar provision of a local ordinance
20 shall be subject to a mandatory minimum fine of $500 and a
21 mandatory 5 days of community service in a program benefiting
22 children if the person committed a violation of paragraph (a)
23 or a similar provision of a local ordinance while
24 transporting a person under age 16. Every person convicted a
25 second time for violating this Section or a similar provision
26 of a local ordinance within 5 years of a previous violation
27 of this Section or a similar provision of a law of another
28 state or local ordinance shall be subject to a mandatory
29 minimum fine of $500 and 10 days of mandatory community
30 service in a program benefiting children if the current
31 offense was committed while transporting a person under age
32 16. The imprisonment or assignment under this subsection
33 shall not be subject to suspension nor shall the person be
34 eligible for probation in order to reduce the sentence or
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1 assignment.
2 (c-1) (1) A person who violates this Section during a
3 period in which his or her driving privileges are revoked
4 or suspended, where the revocation or suspension was for
5 a violation of this Section, Section 11-501.1, paragraph
6 (b) of Section 11-401, or Section 9-3 of the Criminal
7 Code of 1961 is guilty of a Class 4 felony.
8 (2) A person who violates this Section a third time
9 during a period in which his or her driving privileges
10 are revoked or suspended where the revocation or
11 suspension was for a violation of this Section, Section
12 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
13 of the Criminal Code of 1961 is guilty of a Class 3
14 felony.
15 (3) A person who violates this Section a fourth or
16 subsequent time during a period in which his or her
17 driving privileges are revoked or suspended where the
18 revocation or suspension was for a violation of this
19 Section, Section 11-501.1, paragraph (b) of Section
20 11-401, or Section 9-3 of the Criminal Code of 1961 is
21 guilty of a Class 2 felony.
22 (c-2) (Blank).
23 (c-3) Every person convicted of violating this Section
24 or a similar provision of a local ordinance who had a child
25 under age 16 in the vehicle at the time of the offense shall
26 have his or her punishment under this Act enhanced by 2 days
27 of imprisonment for a first offense, 10 days of imprisonment
28 for a second offense, 30 days of imprisonment for a third
29 offense, and 90 days of imprisonment for a fourth or
30 subsequent offense, in addition to the fine and community
31 service required under subsection (c) and the possible
32 imprisonment required under subsection (d). The imprisonment
33 or assignment under this subsection shall not be subject to
34 suspension nor shall the person be eligible for probation in
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1 order to reduce the sentence or assignment.
2 (d) (1) Every person convicted of committing a violation
3 of this Section shall be guilty of aggravated driving under
4 the influence of alcohol, other drug or drugs, or
5 intoxicating compound or compounds, or any combination
6 thereof if:
7 (A) the person committed a violation of this
8 Section, or a similar provision of a law of another state
9 or a local ordinance when the cause of action is the same
10 as or substantially similar to this Section, for the
11 third or subsequent time;
12 (B) the person committed a violation of paragraph
13 (a) while driving a school bus with children on board;
14 (C) the person in committing a violation of
15 paragraph (a) was involved in a motor vehicle accident
16 that resulted in great bodily harm or permanent
17 disability or disfigurement to another, when the
18 violation was a proximate cause of the injuries; or
19 (D) the person committed a violation of paragraph
20 (a) for a second time and has been previously convicted
21 of violating Section 9-3 of the Criminal Code of 1961
22 relating to reckless homicide in which the person was
23 determined to have been under the influence of alcohol,
24 other drug or drugs, or intoxicating compound or
25 compounds as an element of the offense or the person has
26 previously been convicted under subparagraph (C) of this
27 paragraph (1).
28 (2) Aggravated driving under the influence of alcohol,
29 other drug or drugs, or intoxicating compound or compounds,
30 or any combination thereof is a Class 4 felony for which a
31 person, if sentenced to a term of imprisonment, shall be
32 sentenced to not less than one year and not more than 3 years
33 for a violation of subparagraph (A), (B) or (D) of paragraph
34 (1) of this subsection (d) and not less than one year and not
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1 more than 12 years for a violation of subparagraph (C) of
2 paragraph (1) of this subsection (d). For any prosecution
3 under this subsection (d), a certified copy of the driving
4 abstract of the defendant shall be admitted as proof of any
5 prior conviction.
6 (e) After a finding of guilt and prior to any final
7 sentencing, or an order for supervision, for an offense based
8 upon an arrest for a violation of this Section or a similar
9 provision of a local ordinance, individuals shall be required
10 to undergo a professional evaluation to determine if an
11 alcohol, drug, or intoxicating compound abuse problem exists
12 and the extent of the problem. Programs conducting these
13 evaluations shall be licensed by the Department of Human
14 Services. The cost of any professional evaluation shall be
15 paid for by the individual required to undergo the
16 professional evaluation.
17 (f) Every person found guilty of violating this Section,
18 whose operation of a motor vehicle while in violation of this
19 Section proximately caused any incident resulting in an
20 appropriate emergency response, shall be liable for the
21 expense of an emergency response as provided under Section
22 5-5-3 of the Unified Code of Corrections.
23 (g) The Secretary of State shall revoke the driving
24 privileges of any person convicted under this Section or a
25 similar provision of a local ordinance.
26 (h) Every person sentenced under subsection (d) of this
27 Section and who receives a term of probation or conditional
28 discharge shall be required to serve a minimum term of either
29 30 days community service or, beginning July 1, 1993, 48
30 consecutive hours of imprisonment as a condition of the
31 probation or conditional discharge. This mandatory minimum
32 term of imprisonment or assignment of community service shall
33 not be suspended and shall not be subject to reduction by the
34 court.
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1 (i) The Secretary of State may use ignition interlock
2 device requirements when granting driving relief to
3 individuals who have been arrested for a violation a second
4 or subsequent offense of this Section or a similar provision
5 of a local ordinance. The Secretary shall establish by rule
6 and regulation the procedures for use of the interlock
7 system.
8 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
9 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
10 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
11 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
12 90-779, eff. 1-1-99; revised 9-16-98.)
13 Section 10. The Unified Code of Corrections is amended
14 by changing Sections 5-6-3 and 5-6-3.1 as follows:
15 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
16 Sec. 5-6-3. Conditions of Probation and of Conditional
17 Discharge.
18 (a) The conditions of probation and of conditional
19 discharge shall be that the person:
20 (1) not violate any criminal statute of any
21 jurisdiction;
22 (2) report to or appear in person before such
23 person or agency as directed by the court;
24 (3) refrain from possessing a firearm or other
25 dangerous weapon;
26 (4) not leave the State without the consent of the
27 court or, in circumstances in which the reason for the
28 absence is of such an emergency nature that prior consent
29 by the court is not possible, without the prior
30 notification and approval of the person's probation
31 officer;
32 (5) permit the probation officer to visit him at
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1 his home or elsewhere to the extent necessary to
2 discharge his duties;
3 (6) perform no less than 30 hours of community
4 service and not more than 120 hours of community service,
5 if community service is available in the jurisdiction and
6 is funded and approved by the county board where the
7 offense was committed, where the offense was related to
8 or in furtherance of the criminal activities of an
9 organized gang and was motivated by the offender's
10 membership in or allegiance to an organized gang. The
11 community service shall include, but not be limited to,
12 the cleanup and repair of any damage caused by a
13 violation of Section 21-1.3 of the Criminal Code of 1961
14 and similar damage to property located within the
15 municipality or county in which the violation occurred.
16 When possible and reasonable, the community service
17 should be performed in the offender's neighborhood. For
18 purposes of this Section, "organized gang" has the
19 meaning ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act;
21 (7) if he or she is at least 17 years of age and
22 has been sentenced to probation or conditional discharge
23 for a misdemeanor or felony in a county of 3,000,000 or
24 more inhabitants and has not been previously convicted of
25 a misdemeanor or felony, may be required by the
26 sentencing court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward
29 passing the high school level Test of General Educational
30 Development (GED) or to work toward completing a
31 vocational training program approved by the court. The
32 person on probation or conditional discharge must attend
33 a public institution of education to obtain the
34 educational or vocational training required by this
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1 clause (7). The court shall revoke the probation or
2 conditional discharge of a person who wilfully fails to
3 comply with this clause (7). The person on probation or
4 conditional discharge shall be required to pay for the
5 cost of the educational courses or GED test, if a fee is
6 charged for those courses or test. The court shall
7 resentence the offender whose probation or conditional
8 discharge has been revoked as provided in Section 5-6-4.
9 This clause (7) does not apply to a person who has a high
10 school diploma or has successfully passed the GED test.
11 This clause (7) does not apply to a person who is
12 determined by the court to be developmentally disabled or
13 otherwise mentally incapable of completing the
14 educational or vocational program; and
15 (8) if convicted of possession of a substance
16 prohibited by the Cannabis Control Act or Illinois
17 Controlled Substances Act after a previous conviction or
18 disposition of supervision for possession of a substance
19 prohibited by the Cannabis Control Act or Illinois
20 Controlled Substances Act or after a sentence of
21 probation under Section 10 of the Cannabis Control Act or
22 Section 410 of the Illinois Controlled Substances Act and
23 upon a finding by the court that the person is addicted,
24 undergo treatment at a substance abuse program approved
25 by the court.
26 (b) The Court may in addition to other reasonable
27 conditions relating to the nature of the offense or the
28 rehabilitation of the defendant as determined for each
29 defendant in the proper discretion of the Court require that
30 the person:
31 (1) serve a term of periodic imprisonment under
32 Article 7 for a period not to exceed that specified in
33 paragraph (d) of Section 5-7-1;
34 (2) pay a fine and costs;
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1 (3) work or pursue a course of study or vocational
2 training;
3 (4) undergo medical, psychological or psychiatric
4 treatment; or treatment for drug addiction or alcoholism;
5 (5) attend or reside in a facility established for
6 the instruction or residence of defendants on probation;
7 (6) support his dependents;
8 (7) and in addition, if a minor:
9 (i) reside with his parents or in a foster
10 home;
11 (ii) attend school;
12 (iii) attend a non-residential program for
13 youth;
14 (iv) contribute to his own support at home or
15 in a foster home;
16 (8) make restitution as provided in Section 5-5-6
17 of this Code;
18 (9) perform some reasonable public or community
19 service;
20 (10) serve a term of home confinement. In addition
21 to any other applicable condition of probation or
22 conditional discharge, the conditions of home confinement
23 shall be that the offender:
24 (i) remain within the interior premises of the
25 place designated for his confinement during the
26 hours designated by the court;
27 (ii) admit any person or agent designated by
28 the court into the offender's place of confinement
29 at any time for purposes of verifying the offender's
30 compliance with the conditions of his confinement;
31 and
32 (iii) if further deemed necessary by the court
33 or the Probation or Court Services Department, be
34 placed on an approved electronic monitoring device,
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1 subject to Article 8A of Chapter V;
2 (iv) for persons convicted of any alcohol,
3 cannabis or controlled substance violation who are
4 placed on an approved monitoring device as a
5 condition of probation or conditional discharge, the
6 court shall impose a reasonable fee for each day of
7 the use of the device, as established by the county
8 board in subsection (g) of this Section, unless
9 after determining the inability of the offender to
10 pay the fee, the court assesses a lesser fee or no
11 fee as the case may be. This fee shall be imposed in
12 addition to the fees imposed under subsections (g)
13 and (i) of this Section. The fee shall be collected
14 by the clerk of the circuit court. The clerk of the
15 circuit court shall pay all monies collected from
16 this fee to the county treasurer for deposit in the
17 substance abuse services fund under Section 5-1086.1
18 of the Counties Code; and
19 (v) for persons convicted of offenses other
20 than those referenced in clause (iv) above and who
21 are placed on an approved monitoring device as a
22 condition of probation or conditional discharge, the
23 court shall impose a reasonable fee for each day of
24 the use of the device, as established by the county
25 board in subsection (g) of this Section, unless
26 after determining the inability of the defendant to
27 pay the fee, the court assesses a lesser fee or no
28 fee as the case may be. This fee shall be imposed
29 in addition to the fees imposed under subsections
30 (g) and (i) of this Section. The fee shall be
31 collected by the clerk of the circuit court. The
32 clerk of the circuit court shall pay all monies
33 collected from this fee to the county treasurer who
34 shall use the monies collected to defray the costs
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1 of corrections. The county treasurer shall deposit
2 the fee collected in the county working cash fund
3 under Section 6-27001 or Section 6-29002 of the
4 Counties Code, as the case may be.
5 (11) comply with the terms and conditions of an
6 order of protection issued by the court pursuant to the
7 Illinois Domestic Violence Act of 1986, as now or
8 hereafter amended. A copy of the order of protection
9 shall be transmitted to the probation officer or agency
10 having responsibility for the case;
11 (12) reimburse any "local anti-crime program" as
12 defined in Section 7 of the Anti-Crime Advisory Council
13 Act for any reasonable expenses incurred by the program
14 on the offender's case, not to exceed the maximum amount
15 of the fine authorized for the offense for which the
16 defendant was sentenced;
17 (13) contribute a reasonable sum of money, not to
18 exceed the maximum amount of the fine authorized for the
19 offense for which the defendant was sentenced, to a
20 "local anti-crime program", as defined in Section 7 of
21 the Anti-Crime Advisory Council Act;
22 (14) refrain from entering into a designated
23 geographic area except upon such terms as the court finds
24 appropriate. Such terms may include consideration of the
25 purpose of the entry, the time of day, other persons
26 accompanying the defendant, and advance approval by a
27 probation officer, if the defendant has been placed on
28 probation or advance approval by the court, if the
29 defendant was placed on conditional discharge;
30 (15) refrain from having any contact, directly or
31 indirectly, with certain specified persons or particular
32 types of persons, including but not limited to members of
33 street gangs and drug users or dealers;
34 (16) refrain from having in his or her body the
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1 presence of any illicit drug prohibited by the Cannabis
2 Control Act or the Illinois Controlled Substances Act,
3 unless prescribed by a physician, and submit samples of
4 his or her blood or urine or both for tests to determine
5 the presence of any illicit drug;.
6 (17) refrain from operating any motor vehicle not
7 equipped with an ignition interlock device as provided
8 under Section 6-206.2 of the Illinois Vehicle Code.
9 (c) The court may as a condition of probation or of
10 conditional discharge require that a person under 18 years of
11 age found guilty of any alcohol, cannabis or controlled
12 substance violation, refrain from acquiring a driver's
13 license during the period of probation or conditional
14 discharge. If such person is in possession of a permit or
15 license, the court may require that the minor refrain from
16 driving or operating any motor vehicle during the period of
17 probation or conditional discharge, except as may be
18 necessary in the course of the minor's lawful employment.
19 (d) An offender sentenced to probation or to conditional
20 discharge shall be given a certificate setting forth the
21 conditions thereof.
22 (e) The court shall not require as a condition of the
23 sentence of probation or conditional discharge that the
24 offender be committed to a period of imprisonment in excess
25 of 6 months. This 6 month limit shall not include periods of
26 confinement given pursuant to a sentence of county impact
27 incarceration under Section 5-8-1.2.
28 Persons committed to imprisonment as a condition of
29 probation or conditional discharge shall not be committed to
30 the Department of Corrections.
31 (f) The court may combine a sentence of periodic
32 imprisonment under Article 7 or a sentence to a county impact
33 incarceration program under Article 8 with a sentence of
34 probation or conditional discharge.
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1 (g) An offender sentenced to probation or to conditional
2 discharge and who during the term of either undergoes
3 mandatory drug or alcohol testing, or both, or is assigned to
4 be placed on an approved electronic monitoring device, shall
5 be ordered to pay all costs incidental to such mandatory drug
6 or alcohol testing, or both, and all costs incidental to such
7 approved electronic monitoring in accordance with the
8 defendant's ability to pay those costs. The county board
9 with the concurrence of the Chief Judge of the judicial
10 circuit in which the county is located shall establish
11 reasonable fees for the cost of maintenance, testing, and
12 incidental expenses related to the mandatory drug or alcohol
13 testing, or both, and all costs incidental to approved
14 electronic monitoring, involved in a successful probation
15 program for the county. The concurrence of the Chief Judge
16 shall be in the form of an administrative order. The fees
17 shall be collected by the clerk of the circuit court. The
18 clerk of the circuit court shall pay all moneys collected
19 from these fees to the county treasurer who shall use the
20 moneys collected to defray the costs of drug testing, alcohol
21 testing, and electronic monitoring. The county treasurer
22 shall deposit the fees collected in the county working cash
23 fund under Section 6-27001 or Section 6-29002 of the Counties
24 Code, as the case may be.
25 (h) Jurisdiction over an offender may be transferred
26 from the sentencing court to the court of another circuit
27 with the concurrence of both courts. Further transfers or
28 retransfers of jurisdiction are also authorized in the same
29 manner. The court to which jurisdiction has been transferred
30 shall have the same powers as the sentencing court.
31 (i) The court shall impose upon an offender sentenced to
32 probation after January 1, 1989 or to conditional discharge
33 after January 1, 1992, as a condition of such probation or
34 conditional discharge, a fee of $25 for each month of
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1 probation or conditional discharge supervision ordered by the
2 court, unless after determining the inability of the person
3 sentenced to probation or conditional discharge to pay the
4 fee, the court assesses a lesser fee. The court may not
5 impose the fee on a minor who is made a ward of the State
6 under the Juvenile Court Act of 1987 while the minor is in
7 placement. The fee shall be imposed only upon an offender who
8 is actively supervised by the probation and court services
9 department. The fee shall be collected by the clerk of the
10 circuit court. The clerk of the circuit court shall pay all
11 monies collected from this fee to the county treasurer for
12 deposit in the probation and court services fund under
13 Section 15.1 of the Probation and Probation Officers Act.
14 (j) All fines and costs imposed under this Section for
15 any violation of Chapters 3, 4, 6, and 11 of the Illinois
16 Vehicle Code, or a similar provision of a local ordinance,
17 and any violation of the Child Passenger Protection Act, or a
18 similar provision of a local ordinance, shall be collected
19 and disbursed by the circuit clerk as provided under Section
20 27.5 of the Clerks of Courts Act.
21 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
22 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
23 90-504, eff. 1-1-98; 90-655, eff. 7-30-98.)
24 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
25 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
26 (a) When a defendant is placed on supervision, the court
27 shall enter an order for supervision specifying the period of
28 such supervision, and shall defer further proceedings in the
29 case until the conclusion of the period.
30 (b) The period of supervision shall be reasonable under
31 all of the circumstances of the case, but may not be longer
32 than 2 years, unless the defendant has failed to pay the
33 assessment required by Section 10.3 of the Cannabis Control
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1 Act or Section 411.2 of the Illinois Controlled Substances
2 Act, in which case the court may extend supervision beyond 2
3 years. Additionally, the court shall order the defendant to
4 perform no less than 30 hours of community service and not
5 more than 120 hours of community service, if community
6 service is available in the jurisdiction and is funded and
7 approved by the county board where the offense was committed,
8 when the offense (1) was related to or in furtherance of the
9 criminal activities of an organized gang or was motivated by
10 the defendant's membership in or allegiance to an organized
11 gang; or (2) is a violation of any Section of Article 24 of
12 the Criminal Code of 1961 where a disposition of supervision
13 is not prohibited by Section 5-6-1 of this Code. The
14 community service shall include, but not be limited to, the
15 cleanup and repair of any damage caused by violation of
16 Section 21-1.3 of the Criminal Code of 1961 and similar
17 damages to property located within the municipality or county
18 in which the violation occurred. Where possible and
19 reasonable, the community service should be performed in the
20 offender's neighborhood.
21 For the purposes of this Section, "organized gang" has
22 the meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (c) The court may in addition to other reasonable
25 conditions relating to the nature of the offense or the
26 rehabilitation of the defendant as determined for each
27 defendant in the proper discretion of the court require that
28 the person:
29 (1) make a report to and appear in person before or
30 participate with the court or such courts, person, or
31 social service agency as directed by the court in the
32 order of supervision;
33 (2) pay a fine and costs;
34 (3) work or pursue a course of study or vocational
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1 training;
2 (4) undergo medical, psychological or psychiatric
3 treatment; or treatment for drug addiction or alcoholism;
4 (5) attend or reside in a facility established for
5 the instruction or residence of defendants on probation;
6 (6) support his dependents;
7 (7) refrain from possessing a firearm or other
8 dangerous weapon;
9 (8) and in addition, if a minor:
10 (i) reside with his parents or in a foster
11 home;
12 (ii) attend school;
13 (iii) attend a non-residential program for
14 youth;
15 (iv) contribute to his own support at home or
16 in a foster home; and
17 (9) make restitution or reparation in an amount not
18 to exceed actual loss or damage to property and pecuniary
19 loss or make restitution under Section 5-5-6 to a
20 domestic violence shelter. The court shall determine the
21 amount and conditions of payment;
22 (10) perform some reasonable public or community
23 service;
24 (11) comply with the terms and conditions of an
25 order of protection issued by the court pursuant to the
26 Illinois Domestic Violence Act of 1986. If the court has
27 ordered the defendant to make a report and appear in
28 person under paragraph (1) of this subsection, a copy of
29 the order of protection shall be transmitted to the
30 person or agency so designated by the court;
31 (12) reimburse any "local anti-crime program" as
32 defined in Section 7 of the Anti-Crime Advisory Council
33 Act for any reasonable expenses incurred by the program
34 on the offender's case, not to exceed the maximum amount
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1 of the fine authorized for the offense for which the
2 defendant was sentenced;
3 (13) contribute a reasonable sum of money, not to
4 exceed the maximum amount of the fine authorized for the
5 offense for which the defendant was sentenced, to a
6 "local anti-crime program", as defined in Section 7 of
7 the Anti-Crime Advisory Council Act;
8 (14) refrain from entering into a designated
9 geographic area except upon such terms as the court finds
10 appropriate. Such terms may include consideration of the
11 purpose of the entry, the time of day, other persons
12 accompanying the defendant, and advance approval by a
13 probation officer;
14 (15) refrain from having any contact, directly or
15 indirectly, with certain specified persons or particular
16 types of person, including but not limited to members of
17 street gangs and drug users or dealers;
18 (16) refrain from having in his or her body the
19 presence of any illicit drug prohibited by the Cannabis
20 Control Act or the Illinois Controlled Substances Act,
21 unless prescribed by a physician, and submit samples of
22 his or her blood or urine or both for tests to determine
23 the presence of any illicit drug;.
24 (16) refrain from operating any motor vehicle not
25 equipped with an ignition interlock device as provided
26 under Section 6-206.2 of the Illinois Vehicle Code.
27 (d) The court shall defer entering any judgment on the
28 charges until the conclusion of the supervision.
29 (e) At the conclusion of the period of supervision, if
30 the court determines that the defendant has successfully
31 complied with all of the conditions of supervision, the court
32 shall discharge the defendant and enter a judgment dismissing
33 the charges.
34 (f) Discharge and dismissal upon a successful conclusion
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1 of a disposition of supervision shall be deemed without
2 adjudication of guilt and shall not be termed a conviction
3 for purposes of disqualification or disabilities imposed by
4 law upon conviction of a crime. Two years after the
5 discharge and dismissal under this Section, unless the
6 disposition of supervision was for a violation of Sections
7 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
8 Vehicle Code or a similar provision of a local ordinance, or
9 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
10 Code of 1961, in which case it shall be 5 years after
11 discharge and dismissal, a person may have his record of
12 arrest sealed or expunged as may be provided by law.
13 However, any defendant placed on supervision before January
14 1, 1980, may move for sealing or expungement of his arrest
15 record, as provided by law, at any time after discharge and
16 dismissal under this Section. A person placed on supervision
17 for a sexual offense committed against a minor as defined in
18 subsection (g) of Section 5 of the Criminal Identification
19 Act or for a violation of Section 11-501 of the Illinois
20 Vehicle Code or a similar provision of a local ordinance
21 shall not have his or her record of arrest sealed or
22 expunged.
23 (g) A defendant placed on supervision and who during the
24 period of supervision undergoes mandatory drug or alcohol
25 testing, or both, or is assigned to be placed on an approved
26 electronic monitoring device, shall be ordered to pay the
27 costs incidental to such mandatory drug or alcohol testing,
28 or both, and costs incidental to such approved electronic
29 monitoring in accordance with the defendant's ability to pay
30 those costs. The county board with the concurrence of the
31 Chief Judge of the judicial circuit in which the county is
32 located shall establish reasonable fees for the cost of
33 maintenance, testing, and incidental expenses related to the
34 mandatory drug or alcohol testing, or both, and all costs
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1 incidental to approved electronic monitoring, of all
2 defendants placed on supervision. The concurrence of the
3 Chief Judge shall be in the form of an administrative order.
4 The fees shall be collected by the clerk of the circuit
5 court. The clerk of the circuit court shall pay all moneys
6 collected from these fees to the county treasurer who shall
7 use the moneys collected to defray the costs of drug testing,
8 alcohol testing, and electronic monitoring. The county
9 treasurer shall deposit the fees collected in the county
10 working cash fund under Section 6-27001 or Section 6-29002 of
11 the Counties Code, as the case may be.
12 (h) A disposition of supervision is a final order for
13 the purposes of appeal.
14 (i) The court shall impose upon a defendant placed on
15 supervision after January 1, 1992, as a condition of
16 supervision, a fee of $25 for each month of supervision
17 ordered by the court, unless after determining the inability
18 of the person placed on supervision to pay the fee, the court
19 assesses a lesser fee. The court may not impose the fee on a
20 minor who is made a ward of the State under the Juvenile
21 Court Act of 1987 while the minor is in placement. The fee
22 shall be imposed only upon a defendant who is actively
23 supervised by the probation and court services department.
24 The fee shall be collected by the clerk of the circuit court.
25 The clerk of the circuit court shall pay all monies collected
26 from this fee to the county treasurer for deposit in the
27 probation and court services fund pursuant to Section 15.1 of
28 the Probation and Probation Officers Act.
29 (j) All fines and costs imposed under this Section for
30 any violation of Chapters 3, 4, 6, and 11 of the Illinois
31 Vehicle Code, or a similar provision of a local ordinance,
32 and any violation of the Child Passenger Protection Act, or a
33 similar provision of a local ordinance, shall be collected
34 and disbursed by the circuit clerk as provided under Section
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1 27.5 of the Clerks of Courts Act.
2 (k) A defendant at least 17 years of age who is placed
3 on supervision for a misdemeanor in a county of 3,000,000 or
4 more inhabitants and who has not been previously convicted of
5 a misdemeanor or felony may as a condition of his or her
6 supervision be required by the court to attend educational
7 courses designed to prepare the defendant for a high school
8 diploma and to work toward a high school diploma or to work
9 toward passing the high school level Test of General
10 Educational Development (GED) or to work toward completing a
11 vocational training program approved by the court. The
12 defendant placed on supervision must attend a public
13 institution of education to obtain the educational or
14 vocational training required by this subsection (k). The
15 defendant placed on supervision shall be required to pay for
16 the cost of the educational courses or GED test, if a fee is
17 charged for those courses or test. The court shall revoke
18 the supervision of a person who wilfully fails to comply with
19 this subsection (k). The court shall resentence the
20 defendant upon revocation of supervision as provided in
21 Section 5-6-4. This subsection (k) does not apply to a
22 defendant who has a high school diploma or has successfully
23 passed the GED test. This subsection (k) does not apply to a
24 defendant who is determined by the court to be
25 developmentally disabled or otherwise mentally incapable of
26 completing the educational or vocational program.
27 (l) The court shall require a defendant placed on
28 supervision for possession of a substance prohibited by the
29 Cannabis Control Act or Illinois Controlled Substances Act
30 after a previous conviction or disposition of supervision for
31 possession of a substance prohibited by the Cannabis Control
32 Act or Illinois Controlled Substances Act or a sentence of
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act and
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1 after a finding by the court that the person is addicted, to
2 undergo treatment at a substance abuse program approved by
3 the court.
4 (m) The court shall require a defendant placed on
5 supervision for a violation of Section 3-707 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance, as
7 a condition of supervision, to give proof of his or her
8 financial responsibility as defined in Section 7-315 of the
9 Illinois Vehicle Code. The proof shall be maintained by the
10 defendant in a manner satisfactory to the Secretary of State
11 for a minimum period of one year after the date the proof is
12 first filed. The Secretary of State shall suspend the
13 driver's license of any person determined by the Secretary to
14 be in violation of this subsection.
15 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
16 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
17 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
18 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)