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91_SB0270
LRB9101236KSgcA
1 AN ACT concerning driving violations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-118, 6-203.1, 6-206, 6-208, 6-208.1,
7 6-303, 11-501, 11-501.1, 11-501.4-1, and 11-501.5 as follows:
8 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
9 (Text of Section before amendment by P.A. 90-622)
10 Sec. 6-118. Fees.
11 (a) The fee for licenses and permits under this Article
12 is as follows:
13 Original driver's license.............................$10
14 Original or renewal driver's license
15 issued to 18, 19 and 20 year olds..................5
16 All driver's licenses for persons
17 age 69 through age 80..............................5
18 All driver's licenses for persons
19 age 81 through age 86..............................2
20 All driver's licenses for persons
21 age 87 or older....................................0
22 Renewal driver's license (except for
23 applicants ages 18, 19 and 20 or
24 age 69 and older).................................10
25 Original instruction permit issued to
26 persons (except those age 69 and older)
27 who do not hold or have not previously
28 held an Illinois instruction permit or
29 driver's license..................................20
30 Instruction permit issued to any person
31 holding an Illinois driver's license
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1 who wishes a change in classifications,
2 other than at the time of renewal..................5
3 Any instruction permit issued to a person
4 age 69 and older...................................5
5 Instruction permit issued to any person,
6 under age 69, not currently holding a
7 valid Illinois driver's license or
8 instruction permit but who has
9 previously been issued either document
10 in Illinois.......................................10
11 Restricted driving permit...............................8
12 Duplicate or corrected driver's license
13 or permit..........................................5
14 Duplicate or corrected restricted
15 driving permit.....................................5
16 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
17 The fees for commercial driver licenses and permits
18 under Article V shall be as follows:
19 Commercial driver's license:
20 $6 for the CDLIS/AAMVAnet Fund
21 (Commercial Driver's License Information
22 System/American Association of Motor Vehicle
23 Administrators network Trust Fund);
24 $10 for the driver's license;
25 and $24 for the CDL:.............................$40
26 Renewal commercial driver's license:
27 $6 for the CDLIS/AAMVAnet Trust Fund;
28 $10 for the driver's license; and
29 $24 for the CDL:.................................$40
30 Commercial driver instruction permit
31 issued to any person holding a valid
32 Illinois driver's license for the
33 purpose of changing to a
34 CDL classification: $6 for the
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1 CDLIS/AAMVAnet Trust Fund; and
2 $24 for the CDL classification...................$30
3 Commercial driver instruction permit
4 issued to any person holding a valid
5 Illinois CDL for the purpose of
6 making a change in a classification,
7 endorsement or restriction........................$5
8 CDL duplicate or corrected license.....................$5
9 In order to ensure the proper implementation of the
10 Uniform Commercial Driver License Act, Article V of this
11 Chapter, the Secretary of State is empowered to pro-rate the
12 $24 fee for the commercial driver's license proportionate to
13 the expiration date of the applicant's Illinois driver's
14 license.
15 The fee for any duplicate license or permit shall be
16 waived for any person age 60 or older who presents the
17 Secretary of State's office with a police report showing that
18 his license or permit was stolen.
19 No additional fee shall be charged for a driver's
20 license, or for a commercial driver's license, when issued to
21 the holder of an instruction permit for the same
22 classification or type of license who becomes eligible for
23 such license.
24 (b) Any person whose license or privilege to operate a
25 motor vehicle in this State has been suspended or revoked
26 under any provision of Chapter 6, Chapter 11, or Section
27 7-702 of the Family Financial Responsibility Law of this
28 Code, shall in addition to any other fees required by this
29 Code, pay a reinstatement fee as follows:
30 Summary suspension under Section 11-501.1.............$60
31 Other suspension......................................$30
32 Revocation............................................$60
33 However, any person whose license or privilege to operate
34 a motor vehicle in this State has been suspended or revoked
-4- LRB9101236KSgcA
1 for a second or subsequent time for a violation of Section
2 11-501 or 11-501.1 of this Code or a similar provision of a
3 local ordinance or Section 9-3 of the Criminal Code of 1961
4 and each suspension or revocation was for a violation of
5 Section 11-501 or 11-501.1 of this Code or a similar
6 provision of a local ordinance or Section 9-3 of the Criminal
7 Code of 1961 shall pay, in addition to any other fees
8 required by this Code, a reinstatement fee as follows:
9 Summary suspension under Section 11-501.1............$250
10 Revocation...........................................$250
11 (c) All fees collected under the provisions of this
12 Chapter 6 shall be paid into the Road Fund in the State
13 Treasury except as follows:
14 1. The following amounts shall be paid into the
15 Driver Education Fund:
16 (A) $16 of the $20 fee for an original
17 driver's instruction permit;
18 (B) $5 of the $10 fee for an original driver's
19 license;
20 (C) $5 of the $10 fee for a 4 year renewal
21 driver's license; and
22 (D) $4 of the $8 fee for a restricted driving
23 permit.
24 2. $30 of the $60 fee for reinstatement of a license
25 summarily suspended under Section 11-501.1 shall be
26 deposited into the Drunk and Drugged Driving Prevention
27 Fund. However, for a person whose license or privilege
28 to operate a motor vehicle in this State has been
29 suspended or revoked for a second or subsequent time for
30 a violation of Section 11-501 or 11-501.1 of this Code or
31 Section 9-3 of the Criminal Code of 1961, $190 of the
32 $250 fee for reinstatement of a license summarily
33 suspended under Section 11-501.1, and $190 of the $250
34 fee for reinstatement of a revoked license shall be
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1 deposited into the Drunk and Drugged Driving Prevention
2 Fund.
3 3. $6 of such original or renewal fee for a
4 commercial driver's license and $6 of the commercial
5 driver instruction permit fee when such permit is issued
6 to any person holding a valid Illinois driver's license,
7 shall be paid into the CDLIS/AAMVAnet Trust Fund.
8 4. The fee for reinstatement of a license suspended
9 under the Family Financial Responsibility Law shall be
10 paid into the Family Responsibility Fund.
11 (Source: P.A. 89-92, eff. 7-1-96; 90-738, eff. 1-1-99;
12 revised 9-21-98.)
13 (Text of Section after amendment by P.A. 90-622)
14 Sec. 6-118. Fees.
15 (a) The fee for licenses and permits under this Article
16 is as follows:
17 Original driver's license.............................$10
18 Original or renewal driver's license
19 issued to 18, 19 and 20 year olds..................5
20 All driver's licenses for persons
21 age 69 through age 80..............................5
22 All driver's licenses for persons
23 age 81 through age 86..............................2
24 All driver's licenses for persons
25 age 87 or older....................................0
26 Renewal driver's license (except for
27 applicants ages 18, 19 and 20 or
28 age 69 and older).................................10
29 Original instruction permit issued to
30 persons (except those age 69 and older)
31 who do not hold or have not previously
32 held an Illinois instruction permit or
33 driver's license..................................20
34 Instruction permit issued to any person
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1 holding an Illinois driver's license
2 who wishes a change in classifications,
3 other than at the time of renewal..................5
4 Any instruction permit issued to a person
5 age 69 and older...................................5
6 Instruction permit issued to any person,
7 under age 69, not currently holding a
8 valid Illinois driver's license or
9 instruction permit but who has
10 previously been issued either document
11 in Illinois.......................................10
12 Restricted driving permit...............................8
13 Duplicate or corrected driver's license
14 or permit..........................................5
15 Duplicate or corrected restricted
16 driving permit.....................................5
17 Original or renewal M or L endorsement..................5
18 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
19 The fees for commercial driver licenses and permits
20 under Article V shall be as follows:
21 Commercial driver's license:
22 $6 for the CDLIS/AAMVAnet Fund
23 (Commercial Driver's License Information
24 System/American Association of Motor Vehicle
25 Administrators network Trust Fund);
26 $10 for the driver's license;
27 and $24 for the CDL:.............................$40
28 Renewal commercial driver's license:
29 $6 for the CDLIS/AAMVAnet Trust Fund;
30 $10 for the driver's license; and
31 $24 for the CDL:.................................$40
32 Commercial driver instruction permit
33 issued to any person holding a valid
34 Illinois driver's license for the
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1 purpose of changing to a
2 CDL classification: $6 for the
3 CDLIS/AAMVAnet Trust Fund; and
4 $24 for the CDL classification...................$30
5 Commercial driver instruction permit
6 issued to any person holding a valid
7 Illinois CDL for the purpose of
8 making a change in a classification,
9 endorsement or restriction........................$5
10 CDL duplicate or corrected license.....................$5
11 In order to ensure the proper implementation of the
12 Uniform Commercial Driver License Act, Article V of this
13 Chapter, the Secretary of State is empowered to pro-rate the
14 $24 fee for the commercial driver's license proportionate to
15 the expiration date of the applicant's Illinois driver's
16 license.
17 The fee for any duplicate license or permit shall be
18 waived for any person age 60 or older who presents the
19 Secretary of State's office with a police report showing that
20 his license or permit was stolen.
21 No additional fee shall be charged for a driver's
22 license, or for a commercial driver's license, when issued to
23 the holder of an instruction permit for the same
24 classification or type of license who becomes eligible for
25 such license.
26 (b) Any person whose license or privilege to operate a
27 motor vehicle in this State has been suspended or revoked
28 under any provision of Chapter 6, Chapter 11, or Section
29 7-702 of the Family Financial Responsibility Law of this
30 Code, shall in addition to any other fees required by this
31 Code, pay a reinstatement fee as follows:
32 Summary suspension under Section 11-501.1 or 11-501.5.$60
33 Other suspension......................................$30
34 Revocation............................................$60
-8- LRB9101236KSgcA
1 However, any person whose license or privilege to operate
2 a motor vehicle in this State has been suspended or revoked
3 for a second or subsequent time for a violation of Section
4 11-501 or 11-501.1 of this Code or a similar provision of a
5 local ordinance, a violation of or Section 9-3 of the
6 Criminal Code of 1961, or a failure to submit to a chemical
7 test or tests of blood, breath, or urine pursuant to Section
8 11-501.1 or to a preliminary breath screening test or a field
9 sobriety test or tests pursuant to Section 11-501.5 of this
10 Code and each suspension or revocation was for a violation of
11 Section 11-501 or 11-501.1 of this Code or a similar
12 provision of a local ordinance, a violation of or Section 9-3
13 of the Criminal Code of 1961, a violation of any out-of-state
14 offense similar to any of the above-listed offenses, or a
15 failure to submit to a chemical test or tests of blood,
16 breath, or urine pursuant to Section 11-501.1 or to a
17 preliminary breath screening test or a field sobriety test or
18 tests pursuant to Section 11-501.5 of this Code or similar
19 provisions of an out-of-state jurisdiction shall pay, in
20 addition to any other fees required by this Code, a
21 reinstatement fee as follows:
22 Summary suspension under Section 11-501.1 or
23 11-501.5.............................................$250
24 Revocation...........................................$250
25 (c) All fees collected under the provisions of this
26 Chapter 6 shall be paid into the Road Fund in the State
27 Treasury except as follows:
28 1. The following amounts shall be paid into the
29 Driver Education Fund:
30 (A) $16 of the $20 fee for an original
31 driver's instruction permit;
32 (B) $5 of the $10 fee for an original driver's
33 license;
34 (C) $5 of the $10 fee for a 4 year renewal
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1 driver's license; and
2 (D) $4 of the $8 fee for a restricted driving
3 permit.
4 2. $30 of the $60 fee for reinstatement of a license
5 summarily suspended under Section 11-501.1 or 11-501.5
6 shall be deposited into the Drunk and Drugged Driving
7 Prevention Fund. However, for a person whose license or
8 privilege to operate a motor vehicle in this State has
9 been suspended or revoked for a second or subsequent time
10 for a violation of Section 11-501 or 11-501.1 of this
11 Code or a similar provision of a local ordinance, a
12 violation of or Section 9-3 of the Criminal Code of 1961,
13 a violation of any out-of-state offense similar to any of
14 the above-listed offenses, or a failure to submit to a
15 chemical test or tests of blood, breath, or urine
16 pursuant to Section 11-501.1 or to a preliminary breath
17 screening test or a field sobriety test or tests pursuant
18 to Section 11-501.5 of this Code, or similar provisions
19 of an out-of-state jurisdiction, $190 of the $250 fee for
20 reinstatement of a license summarily suspended under
21 Section 11-501.1 or 11-501.5, and $190 of the $250 fee
22 for reinstatement of a revoked license shall be deposited
23 into the Drunk and Drugged Driving Prevention Fund.
24 3. $6 of such original or renewal fee for a
25 commercial driver's license and $6 of the commercial
26 driver instruction permit fee when such permit is issued
27 to any person holding a valid Illinois driver's license,
28 shall be paid into the CDLIS/AAMVAnet Trust Fund.
29 4. The fee for reinstatement of a license suspended
30 under the Family Financial Responsibility Law shall be
31 paid into the Family Responsibility Fund.
32 5. The $5 fee for each original or renewal M or L
33 endorsement shall be deposited into the Cycle Rider
34 Safety Training Fund.
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1 (Source: P.A. 89-92, eff. 7-1-96; 90-622, eff. 3-1-99;
2 90-738, eff. 1-1-99; revised 9-21-98.)
3 (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
4 Sec. 6-203.1. (a) The Secretary of State is authorized
5 to suspend the driving privileges of persons:
6 (1) arrested in another state for driving under the
7 influence of alcohol, other drug or drugs, or
8 intoxicating compound or compounds, or any combination
9 thereof, or a similar provision, and who have has refused
10 to submit to a chemical test or tests, a preliminary
11 breath screening test, or a field sobriety test or tests
12 under the provisions of implied consent, or.
13 (2) requested to submit to a field sobriety test or
14 tests or a preliminary breath screening test in another
15 state under provisions of implied consent and who have
16 refused to submit to the test or tests.
17 (b) When a driving privilege has been suspended for a
18 refusal as provided in paragraph (a) and the person is
19 subsequently convicted of the underlying charge, for the same
20 incident, any period served on suspension shall be credited
21 toward the minimum period of revocation of driving privileges
22 imposed pursuant to Section 6-206.
23 (Source: P.A. 90-779, eff. 1-1-99.)
24 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
25 Sec. 6-206. Discretionary authority to suspend or revoke
26 license or permit; Right to a hearing.
27 (a) The Secretary of State is authorized to suspend or
28 revoke the driving privileges of any person without
29 preliminary hearing upon a showing of the person's records or
30 other sufficient evidence that the person:
31 1. Has committed an offense for which mandatory
32 revocation of a driver's license or permit is required
-11- LRB9101236KSgcA
1 upon conviction;
2 2. Has been convicted of not less than 3 offenses
3 against traffic regulations governing the movement of
4 vehicles committed within any 12 month period. No
5 revocation or suspension shall be entered more than 6
6 months after the date of last conviction;
7 3. Has been repeatedly involved as a driver in
8 motor vehicle collisions or has been repeatedly convicted
9 of offenses against laws and ordinances regulating the
10 movement of traffic, to a degree that indicates lack of
11 ability to exercise ordinary and reasonable care in the
12 safe operation of a motor vehicle or disrespect for the
13 traffic laws and the safety of other persons upon the
14 highway;
15 4. Has by the unlawful operation of a motor vehicle
16 caused or contributed to an accident resulting in death
17 or injury requiring immediate professional treatment in a
18 medical facility or doctor's office to any person, except
19 that any suspension or revocation imposed by the
20 Secretary of State under the provisions of this
21 subsection shall start no later than 6 months after being
22 convicted of violating a law or ordinance regulating the
23 movement of traffic, which violation is related to the
24 accident, or shall start not more than one year after the
25 date of the accident, whichever date occurs later;
26 5. Has permitted an unlawful or fraudulent use of a
27 driver's license, identification card, or permit;
28 6. Has been lawfully convicted of an offense or
29 offenses in another state, including the authorization
30 contained in Section 6-203.1, which if committed within
31 this State would be grounds for suspension or revocation;
32 7. Has refused or failed to submit to an
33 examination provided for by Section 6-207 or has failed
34 to pass the examination;
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1 8. Is ineligible for a driver's license or permit
2 under the provisions of Section 6-103;
3 9. Has made a false statement or knowingly
4 concealed a material fact or has used false information
5 or identification in any application for a license,
6 identification card, or permit;
7 10. Has possessed, displayed, or attempted to
8 fraudulently use any license, identification card, or
9 permit not issued to the person;
10 11. Has operated a motor vehicle upon a highway of
11 this State when the person's driving privilege or
12 privilege to obtain a driver's license or permit was
13 revoked or suspended unless the operation was authorized
14 by a judicial driving permit, probationary license to
15 drive, or a restricted driving permit issued under this
16 Code;
17 12. Has submitted to any portion of the application
18 process for another person or has obtained the services
19 of another person to submit to any portion of the
20 application process for the purpose of obtaining a
21 license, identification card, or permit for some other
22 person;
23 13. Has operated a motor vehicle upon a highway of
24 this State when the person's driver's license or permit
25 was invalid under the provisions of Sections 6-107.1 and
26 6-110;
27 14. Has committed a violation of Section 6-301,
28 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
29 14B of the Illinois Identification Card Act;
30 15. Has been convicted of violating Section 21-2 of
31 the Criminal Code of 1961 relating to criminal trespass
32 to vehicles in which case, the suspension shall be for
33 one year;
34 16. Has been convicted of violating Section 11-204
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1 of this Code relating to fleeing from a police officer;
2 17. Has refused to submit to a test, or tests, as
3 required under Section 11-501.1 or 11-501.5 of this Code
4 and the person has not sought a hearing as provided for
5 in Section 11-501.1 or 11-501.5;
6 18. Has, since issuance of a driver's license or
7 permit, been adjudged to be afflicted with or suffering
8 from any mental disability or disease;
9 19. Has committed a violation of paragraph (a) or
10 (b) of Section 6-101 relating to driving without a
11 driver's license;
12 20. Has been convicted of violating Section 6-104
13 relating to classification of driver's license;
14 21. Has been convicted of violating Section 11-402
15 of this Code relating to leaving the scene of an accident
16 resulting in damage to a vehicle in excess of $1,000, in
17 which case the suspension shall be for one year;
18 22. Has used a motor vehicle in violating paragraph
19 (3), (4), (7), or (9) of subsection (a) of Section 24-1
20 of the Criminal Code of 1961 relating to unlawful use of
21 weapons, in which case the suspension shall be for one
22 year;
23 23. Has, as a driver, been convicted of committing
24 a violation of paragraph (a) of Section 11-502 of this
25 Code for a second or subsequent time within one year of a
26 similar violation;
27 24. Has been convicted by a court-martial or
28 punished by non-judicial punishment by military
29 authorities of the United States at a military
30 installation in Illinois of or for a traffic related
31 offense that is the same as or similar to an offense
32 specified under Section 6-205 or 6-206 of this Code;
33 25. Has permitted any form of identification to be
34 used by another in the application process in order to
-14- LRB9101236KSgcA
1 obtain or attempt to obtain a license, identification
2 card, or permit;
3 26. Has altered or attempted to alter a license or
4 has possessed an altered license, identification card, or
5 permit;
6 27. Has violated Section 6-16 of the Liquor Control
7 Act of 1934;
8 28. Has been convicted of the illegal possession,
9 while operating or in actual physical control, as a
10 driver, of a motor vehicle, of any controlled substance
11 prohibited under the Illinois Controlled Substances Act
12 or any cannabis prohibited under the provisions of the
13 Cannabis Control Act, in which case the person's driving
14 privileges shall be suspended for one year, and any
15 driver who is convicted of a second or subsequent
16 offense, within 5 years of a previous conviction, for the
17 illegal possession, while operating or in actual physical
18 control, as a driver, of a motor vehicle, of any
19 controlled substance prohibited under the provisions of
20 the Illinois Controlled Substances Act or any cannabis
21 prohibited under the Cannabis Control Act shall be
22 suspended for 5 years. Any defendant found guilty of this
23 offense while operating a motor vehicle, shall have an
24 entry made in the court record by the presiding judge
25 that this offense did occur while the defendant was
26 operating a motor vehicle and order the clerk of the
27 court to report the violation to the Secretary of State;
28 29. Has been convicted of the following offenses
29 that were committed while the person was operating or in
30 actual physical control, as a driver, of a motor vehicle:
31 criminal sexual assault, predatory criminal sexual
32 assault of a child, aggravated criminal sexual assault,
33 criminal sexual abuse, aggravated criminal sexual abuse,
34 juvenile pimping, soliciting for a juvenile prostitute
-15- LRB9101236KSgcA
1 and the manufacture, sale or delivery of controlled
2 substances or instruments used for illegal drug use or
3 abuse in which case the driver's driving privileges shall
4 be suspended for one year;
5 30. Has been convicted a second or subsequent time
6 for any combination of the offenses named in paragraph 29
7 of this subsection, in which case the person's driving
8 privileges shall be suspended for 5 years;
9 31. Has refused to submit to a test as required by
10 Section 11-501.6 or has submitted to a test resulting in
11 an alcohol concentration of 0.08 or more or any amount of
12 a drug, substance, or compound resulting from the
13 unlawful use or consumption of cannabis as listed in the
14 Cannabis Control Act or a controlled substance as listed
15 in the Illinois Controlled Substances Act in which case
16 the penalty shall be as prescribed in Section 6-208.1;
17 32. Has been convicted of Section 24-1.2 of the
18 Criminal Code of 1961 relating to the aggravated
19 discharge of a firearm if the offender was located in a
20 motor vehicle at the time the firearm was discharged, in
21 which case the suspension shall be for 3 years;
22 33. Has as a driver, who was less than 21 years of
23 age on the date of the offense, been convicted a first
24 time of a violation of paragraph (a) of Section 11-502 of
25 this Code or a similar provision of a local ordinance;
26 34. Has committed a violation of Section 11-1301.5
27 of this Code;
28 35. Has committed a violation of Section 11-1301.6
29 of this Code; or
30 36. Is under the age of 21 years at the time of
31 arrest and has been convicted of not less than 2
32 offenses against traffic regulations governing the
33 movement of vehicles committed within any 24 month
34 period. No revocation or suspension shall be entered
-16- LRB9101236KSgcA
1 more than 6 months after the date of last conviction.
2 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
3 and 27 of this subsection, license means any driver's
4 license, any traffic ticket issued when the person's driver's
5 license is deposited in lieu of bail, a suspension notice
6 issued by the Secretary of State, a duplicate or corrected
7 driver's license, a probationary driver's license or a
8 temporary driver's license.
9 (b) If any conviction forming the basis of a suspension
10 or revocation authorized under this Section is appealed, the
11 Secretary of State may rescind or withhold the entry of the
12 order of suspension or revocation, as the case may be,
13 provided that a certified copy of a stay order of a court is
14 filed with the Secretary of State. If the conviction is
15 affirmed on appeal, the date of the conviction shall relate
16 back to the time the original judgment of conviction was
17 entered and the 6 month limitation prescribed shall not
18 apply.
19 (c) 1. Upon suspending or revoking the driver's license
20 or permit of any person as authorized in this Section,
21 the Secretary of State shall immediately notify the
22 person in writing of the revocation or suspension. The
23 notice to be deposited in the United States mail, postage
24 prepaid, to the last known address of the person.
25 2. If the Secretary of State suspends the driver's
26 license of a person under subsection 2 of paragraph (a)
27 of this Section, a person's privilege to operate a
28 vehicle as an occupation shall not be suspended, provided
29 an affidavit is properly completed, the appropriate fee
30 received, and a permit issued prior to the effective date
31 of the suspension, unless 5 offenses were committed, at
32 least 2 of which occurred while operating a commercial
33 vehicle in connection with the driver's regular
34 occupation. All other driving privileges shall be
-17- LRB9101236KSgcA
1 suspended by the Secretary of State. Any driver prior to
2 operating a vehicle for occupational purposes only must
3 submit the affidavit on forms to be provided by the
4 Secretary of State setting forth the facts of the
5 person's occupation. The affidavit shall also state the
6 number of offenses committed while operating a vehicle in
7 connection with the driver's regular occupation. The
8 affidavit shall be accompanied by the driver's license.
9 Upon receipt of a properly completed affidavit, the
10 Secretary of State shall issue the driver a permit to
11 operate a vehicle in connection with the driver's regular
12 occupation only. Unless the permit is issued by the
13 Secretary of State prior to the date of suspension, the
14 privilege to drive any motor vehicle shall be suspended
15 as set forth in the notice that was mailed under this
16 Section. If an affidavit is received subsequent to the
17 effective date of this suspension, a permit may be issued
18 for the remainder of the suspension period.
19 The provisions of this subparagraph shall not apply
20 to any driver required to obtain a commercial driver's
21 license under Section 6-507 during the period of a
22 disqualification of commercial driving privileges under
23 Section 6-514.
24 Any person who falsely states any fact in the
25 affidavit required herein shall be guilty of perjury
26 under Section 6-302 and upon conviction thereof shall
27 have all driving privileges revoked without further
28 rights.
29 3. At the conclusion of a hearing under Section
30 2-118 of this Code, the Secretary of State shall either
31 rescind or continue an order of revocation or shall
32 substitute an order of suspension; or, good cause
33 appearing therefor, rescind, continue, change, or extend
34 the order of suspension. If the Secretary of State does
-18- LRB9101236KSgcA
1 not rescind the order, the Secretary may upon
2 application, to relieve undue hardship, issue a
3 restricted driving permit granting the privilege of
4 driving a motor vehicle between the petitioner's
5 residence and petitioner's place of employment or within
6 the scope of his employment related duties, or to allow
7 transportation for the petitioner, or a household member
8 of the petitioner's family, to receive necessary medical
9 care and if the professional evaluation indicates,
10 provide transportation for alcohol remedial or
11 rehabilitative activity, or for the petitioner to attend
12 classes, as a student, in an accredited educational
13 institution; if the petitioner is able to demonstrate
14 that no alternative means of transportation is reasonably
15 available and the petitioner will not endanger the public
16 safety or welfare. In each case the Secretary may issue a
17 restricted driving permit for a period deemed
18 appropriate, except that all permits shall expire within
19 one year from the date of issuance. A restricted driving
20 permit issued under this Section shall be subject to
21 cancellation, revocation, and suspension by the Secretary
22 of State in like manner and for like cause as a driver's
23 license issued under this Code may be cancelled, revoked,
24 or suspended; except that a conviction upon one or more
25 offenses against laws or ordinances regulating the
26 movement of traffic shall be deemed sufficient cause for
27 the revocation, suspension, or cancellation of a
28 restricted driving permit. The Secretary of State may, as
29 a condition to the issuance of a restricted driving
30 permit, require the applicant to participate in a
31 designated driver remedial or rehabilitative program. The
32 Secretary of State is authorized to cancel a restricted
33 driving permit if the permit holder does not successfully
34 complete the program.
-19- LRB9101236KSgcA
1 (c-5) The Secretary of State may, as a condition of the
2 reissuance of a driver's license or permit to an applicant
3 under the age of 18 years whose driver's license or permit
4 has been suspended pursuant to any of the provisions of this
5 Section, require the applicant to participate in a driver
6 remedial education course and be retested under Section 6-109
7 of this Code.
8 (d) This Section is subject to the provisions of the
9 Drivers License Compact.
10 (e) The Secretary of State shall not issue a restricted
11 driving permit to a person under the age of 16 years whose
12 driving privileges have been suspended or revoked under any
13 provisions of this Code.
14 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
16 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
17 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
18 Sec. 6-208. Period of Suspension - Application After
19 Revocation.
20 (a) Except as otherwise provided by this Code or any
21 other law of this State, the Secretary of State shall not
22 suspend a driver's license, permit or privilege to drive a
23 motor vehicle on the highways for a period of more than one
24 year.
25 (b) Any person whose license, permit or privilege to
26 drive a motor vehicle on the highways has been revoked shall
27 not be entitled to have such license, permit or privilege
28 renewed or restored. However, such person may, except as
29 provided under subsection (d) of Section 6-205, make
30 application for a license pursuant to Section 6-106 (i) if
31 the revocation was for a cause which has been removed or (ii)
32 as provided in the following subparagraphs:
33 1. Except as provided in subparagraphs 2, 3, and 4,
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1 the person may make application for a license after the
2 expiration of one year from the effective date of the
3 revocation or, in the case of a violation of paragraph
4 (b) of Section 11-401 of this Code or a similar provision
5 of a local ordinance, after the expiration of 3 years
6 from the effective date of the revocation or, in the case
7 of a violation of Section 9-3 of the Criminal Code of
8 1961 relating to the offense of reckless homicide, after
9 the expiration of 2 years from the effective date of the
10 revocation.; or
11 2. If such person is convicted of committing a
12 second violation within a 20 year period of:
13 (A) Section 11-501 of this Code, or a similar
14 provision of a local ordinance; or
15 (B) Paragraph (b) of Section 11-401 of this
16 Code, or a similar provision of a local ordinance;
17 or
18 (C) Section 9-3 of the Criminal Code of 1961,
19 as amended, relating to the offense of reckless
20 homicide; or
21 (D) any combination of the above offenses
22 committed at different instances;
23 then such person may not make application for a license
24 until after the expiration of 5 years from the effective
25 date of the most recent revocation. The 20 year period
26 shall be computed by using the dates the offenses were
27 committed and shall also include similar out-of-state
28 offenses.
29 3. However, except as provided in subparagraph 4,
30 if such person is convicted of committing a third, or
31 subsequent, violation or any combination of the above
32 offenses, including similar out-of-state offenses,
33 contained in subparagraph 2, then such person may not
34 make application for a license until after the expiration
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1 of 10 years from the effective date of the most recent
2 revocation.
3 4. The person may not make application for a
4 license if the person is convicted of committing a fourth
5 or subsequent violation of Section 11-501 of this Code or
6 a similar provision of a local ordinance, paragraph (b)
7 of Section 11-401 of this Code, Section 9-3 of the
8 Criminal Code of 1961, or a combination of these offenses
9 or similar provisions of local ordinances or similar
10 out-of-state offenses if the original revocation or
11 suspension was for a violation of Section 11-501 or
12 11-501.1 of this Code or a similar provision of a local
13 ordinance.
14 Notwithstanding any other provision of this Code, all
15 persons referred to in this paragraph (b) may not have their
16 privileges restored until the Secretary receives payment of
17 the required reinstatement fee pursuant to subsection (b) of
18 Section 6-118.
19 In no event shall the Secretary issue such license unless
20 and until such person has had a hearing pursuant to this Code
21 and the appropriate administrative rules and the Secretary is
22 satisfied, after a review or investigation of such person,
23 that to grant the privilege of driving a motor vehicle on the
24 highways will not endanger the public safety or welfare.
25 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
26 90-738, eff. 1-1-99; revised 10-31-98.)
27 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
28 Sec. 6-208.1. Period of statutory summary alcohol, other
29 drug, or intoxicating compound related suspension.
30 (a) Unless the statutory summary suspension has been
31 rescinded, any person whose privilege to drive a motor
32 vehicle on the public highways has been summarily suspended,
33 pursuant to Section 11-501.1 or 11-501.5, shall not be
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1 eligible for restoration of the privilege until the
2 expiration of:
3 1. Six months from the effective date of the
4 statutory summary suspension for a refusal or failure to
5 complete a test or tests to determine the alcohol, drug,
6 or intoxicating compound concentration, pursuant to
7 Section 11-501.1; or
8 1.1. Four months from the effective date of the
9 statutory summary suspension for a refusal or failure to
10 complete a preliminary breath screening test or field
11 sobriety test or tests under Section 11-501.5; or
12 2. Three months from the effective date of the
13 statutory summary suspension imposed following the
14 person's submission to a chemical test which disclosed an
15 alcohol concentration of 0.08 or more, or any amount of a
16 drug, substance, or intoxicating compound in such
17 person's breath, blood, or urine resulting from the
18 unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act, a controlled substance listed in
20 the Illinois Controlled Substances Act, or an
21 intoxicating compound listed in the Use of Intoxicating
22 Compounds Act, pursuant to Section 11-501.1; or
23 3. Three years from the effective date of the
24 statutory summary suspension for any person other than a
25 first offender who refuses or fails to complete a test or
26 tests to determine the alcohol, drug, or intoxicating
27 compound concentration pursuant to Section 11-501.1; or
28 3.1. Two years from the effective date of the
29 statutory summary suspension for any person other than a
30 first offender who refuses or fails to complete a
31 preliminary breath screening test or field sobriety test
32 or tests under Section 11-501.5; or
33 4. One year from the effective date of the summary
34 suspension imposed for any person other than a first
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1 offender following submission to a chemical test which
2 disclosed an alcohol concentration of 0.08 or more
3 pursuant to Section 11-501.1 or any amount of a drug,
4 substance or compound in such person's blood or urine
5 resulting from the unlawful use or consumption of
6 cannabis listed in the Cannabis Control Act, a controlled
7 substance listed in the Illinois Controlled Substances
8 Act, or an intoxicating compound listed in the Use of
9 Intoxicating Compounds Act.
10 (b) Following a statutory summary suspension of the
11 privilege to drive a motor vehicle under Section 11-501.1 or
12 11-501.5, full driving privileges shall be restored unless
13 the person is otherwise disqualified by this Code. If the
14 court has reason to believe that the person's driving
15 privilege should not be restored, the court shall notify the
16 Secretary of State prior to the expiration of the statutory
17 summary suspension so appropriate action may be taken
18 pursuant to this Code.
19 (c) Full driving privileges may not be restored until
20 all applicable reinstatement fees, as provided by this Code,
21 have been paid to the Secretary of State and the appropriate
22 entry made to the driver's record.
23 (d) Where a driving privilege has been summarily
24 suspended under Section 11-501.1 or 11-501.5 and the person
25 is subsequently convicted of violating Section 11-501, or a
26 similar provision of a local ordinance, for the same
27 incident, any period served on statutory summary suspension
28 shall be credited toward the minimum period of revocation of
29 driving privileges imposed pursuant to Section 6-205.
30 (e) Following a statutory summary suspension of driving
31 privileges pursuant to Section 11-501.1, for a first
32 offender, the circuit court may, after at least 30 days from
33 the effective date of the statutory summary suspension, issue
34 a judicial driving permit as provided in Section 6-206.1.
-24- LRB9101236KSgcA
1 (f) Subsequent to an arrest of a first offender, for any
2 offense as defined in Section 11-501 or a similar provision
3 of a local ordinance, following a statutory summary
4 suspension of driving privileges pursuant to Section
5 11-501.1, for a first offender, the circuit court may issue a
6 court order directing the Secretary of State to issue a
7 judicial driving permit as provided in Section 6-206.1.
8 However, this JDP shall not be effective prior to the 31st
9 day of the statutory summary suspension.
10 (g) Following a statutory summary suspension of driving
11 privileges pursuant to Section 11-501.1 or 11-501.5 where the
12 person was not a first offender, as defined in Section 11-500
13 and such person refused or failed to complete a test or tests
14 to determine the alcohol, drug, or intoxicating compound
15 concentration pursuant to Section 11-501.1 or a preliminary
16 breath screening test or field sobriety test or tests under
17 Section 11-501.5, the Secretary of State may issue a
18 restricted driving permit if at least 2 years have elapsed
19 since the effective date of the statutory summary suspension
20 for a suspension issued pursuant to Section 11-501.1 or if at
21 least 16 months have elapsed since the effective date of a
22 suspension issued pursuant to Section 11-501.5.
23 (h) Following a statutory summary suspension of driving
24 privileges pursuant to Section 11-501.1 where the person was
25 not a first offender as defined in Section 11-500 and such
26 person submitted to a chemical test which disclosed an
27 alcohol concentration of 0.08 or more pursuant to Section
28 11-501.1, the Secretary of State may, after at least 90 days
29 from the effective date of the statutory summary suspension,
30 issue a restricted driving permit.
31 (i) When a person has refused to submit to or failed to
32 complete a chemical test or tests of blood, breath, or urine
33 pursuant to Section 11-501.1 or to a preliminary breath
34 screening test or field sobriety test or tests pursuant to
-25- LRB9101236KSgcA
1 Section 11-501.5, the person's driving privileges shall be
2 statutorily suspended under the provisions of both Sections,
3 but the periods of statutory suspension shall run
4 concurrently.
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 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle on any highway of this State at a
12 time when such person's driver's license, permit or privilege
13 to do so or the privilege to obtain a driver's license or
14 permit is revoked or suspended as provided by this Code or
15 the law of another state, except as may be specifically
16 allowed by a judicial driving permit, family financial
17 responsibility driving permit, probationary license to drive,
18 or a restricted driving permit issued pursuant to this Code
19 or under the law of another state, shall be guilty of a Class
20 A misdemeanor.
21 (b) The Secretary of State upon receiving a report of
22 the conviction of any violation indicating a person was
23 operating a motor vehicle during the time when said person's
24 driver's license, permit or privilege was suspended by the
25 Secretary, by the appropriate authority of another state, or
26 pursuant to Section 11-501.1 or 11-501.5, ; except as may be
27 specifically allowed by a probationary license to drive,
28 judicial driving permit or restricted driving permit issued
29 pursuant to this Code or the law of another state; shall
30 extend the suspension for the same period of time as the
31 originally imposed suspension; however, if the period of
32 suspension has then expired, the Secretary shall be
33 authorized to suspend said person's driving privileges for
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1 the same period of time as the originally imposed suspension;
2 and if the conviction was upon a charge which indicated that
3 a vehicle was operated during the time when the person's
4 driver's license, permit or privilege was revoked; except as
5 may be allowed by a restricted driving permit issued pursuant
6 to this Code or the law of another state; the Secretary shall
7 not issue a driver's license for an additional period of one
8 year from the date of such conviction indicating such person
9 was operating a vehicle during such period of revocation.
10 (c) Any person convicted of violating this Section shall
11 serve a minimum term of imprisonment of 7 consecutive days or
12 30 days of community service when the person's driving
13 privilege was revoked or suspended as a result of:
14 (1) a violation of Section 11-501 of this Code or a
15 similar provision of a local ordinance relating to the
16 offense of operating or being in physical control of a
17 vehicle while under the influence of alcohol, any other
18 drug or any combination thereof; or
19 (2) a violation of paragraph (b) of Section 11-401
20 of this Code or a similar provision of a local ordinance
21 relating to the offense of leaving the scene of a motor
22 vehicle accident involving personal injury or death; or
23 (3) a violation of Section 9-3 of the Criminal Code
24 of 1961, as amended, relating to the offense of reckless
25 homicide; or
26 (4) a statutory summary suspension under Section
27 11-501.1 or 11-501.5 of this Code.
28 Such sentence of imprisonment or community service shall
29 not be subject to suspension in order to reduce such
30 sentence.
31 (d) Any person convicted of a second or subsequent
32 violation of this Section shall be guilty of a Class 4 felony
33 if the original revocation or suspension was for a violation
34 of Section 11-401 or 11-501 of this Code, or a similar
-27- LRB9101236KSgcA
1 out-of-state offense, or a similar provision of a local
2 ordinance, a violation of Section 9-3 of the Criminal Code of
3 1961, relating to the offense of reckless homicide, or a
4 similar out-of-state offense, or a statutory summary
5 suspension under Section 11-501.1 or 11-501.5 of this Code.
6 (e) Any person in violation of this Section who is also
7 in violation of Section 7-601 of this Code relating to
8 mandatory insurance requirements, in addition to other
9 penalties imposed under this Section, shall have his or her
10 motor vehicle immediately impounded by the arresting law
11 enforcement officer. The motor vehicle may be released to
12 any licensed driver upon a showing of proof of insurance for
13 the vehicle that was impounded and the notarized written
14 consent for the release by the vehicle owner.
15 (f) For any prosecution under this Section, a certified
16 copy of the driving abstract of the defendant shall be
17 admitted as proof of any prior conviction.
18 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
19 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
20 90-738, eff. 1-1-99.)
21 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
22 Sec. 11-500. Definitions. For the purposes of
23 interpreting Sections 6-206.1 and 6-208.1 of this Code,
24 "first offender" shall mean: (i) any person who has not had a
25 previous conviction or court assigned supervision for
26 violating Section 11-501, or a similar provision of a local
27 ordinance, or a conviction in any other state for a violation
28 of driving while under the influence or a similar offense
29 where the cause of action is the same or substantially
30 similar to this Code, or (ii) any person who has not had a
31 driver's license suspension for violating Section 11-501.1 or
32 11-501.5 within 10 5 years prior to the date of the current
33 offense or failure to submit to or complete a chemical test
-28- LRB9101236KSgcA
1 or tests of blood, breath, or urine pursuant to Section
2 11-501.1 or a preliminary breath screening test or a field
3 sobriety test or tests pursuant to Section 11-501.5, except
4 in cases where the driver submitted to chemical testing
5 resulting in an alcohol concentration of 0.08 or more, or any
6 amount of a drug, substance, or compound in such person's
7 blood or urine resulting from the unlawful use or consumption
8 of cannabis listed in the Cannabis Control Act, a controlled
9 substance listed in the Illinois Controlled Substances Act,
10 or an intoxicating compound listed in the Use of Intoxicating
11 Compounds Act and was subsequently found not guilty of
12 violating Section 11-501, or a similar provision of a local
13 ordinance.
14 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
15 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
16 Sec. 11-501. Driving while under the influence of
17 alcohol, other drug or drugs, intoxicating compound or
18 compounds or any combination thereof.
19 (a) A person shall not drive or be in actual physical
20 control of any vehicle within this State while:
21 (1) the alcohol concentration in the person's blood
22 or breath is 0.08 or more based on the definition of
23 blood and breath units in Section 11-501.2;
24 (2) under the influence of alcohol;
25 (3) under the influence of any intoxicating
26 compound or combination of intoxicating compounds to a
27 degree that renders the person incapable of driving
28 safely;
29 (4) under the influence of any other drug or
30 combination of drugs to a degree that renders the person
31 incapable of safely driving;
32 (5) under the combined influence of alcohol, other
33 drug or drugs, or intoxicating compound or compounds to a
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1 degree that renders the person incapable of safely
2 driving; or
3 (6) there is any amount of a drug, substance, or
4 compound in the person's breath, blood, or urine
5 resulting from the unlawful use or consumption of
6 cannabis listed in the Cannabis Control Act, a controlled
7 substance listed in the Illinois Controlled Substances
8 Act, or an intoxicating compound listed in the Use of
9 Intoxicating Compounds Act.
10 (b) The fact that any person charged with violating this
11 Section is or has been legally entitled to use alcohol, other
12 drug or drugs, or intoxicating compound or compounds, or any
13 combination thereof, shall not constitute a defense against
14 any charge of violating this Section.
15 (c) Except as provided under paragraphs (c-3) and (d) of
16 this Section, every person convicted of violating this
17 Section or a similar provision of a local ordinance, shall be
18 guilty of a Class A misdemeanor and, in addition to any other
19 criminal or administrative action, for any second conviction
20 of violating this Section or a similar provision of a law of
21 another state or local ordinance committed within 5 years of
22 a previous violation of this Section or a similar provision
23 of a local ordinance shall be mandatorily sentenced to a
24 minimum of 48 consecutive hours of imprisonment or assigned
25 to a minimum of 100 hours of community service as may be
26 determined by the court. Every person convicted of violating
27 this Section or a similar provision of a local ordinance
28 shall be subject to a mandatory minimum fine of $500 and a
29 mandatory 5 days of community service in a program benefiting
30 children if the person committed a violation of paragraph (a)
31 or a similar provision of a local ordinance while
32 transporting a person under age 16. Every person convicted a
33 second time for violating this Section or a similar provision
34 of a local ordinance within 5 years of a previous violation
-30- LRB9101236KSgcA
1 of this Section or a similar provision of a law of another
2 state or local ordinance shall be subject to a mandatory
3 minimum fine of $1,000 $500 and 20 10 days of mandatory
4 community service in a program benefiting children if the
5 current offense was committed while transporting a person
6 under age 16. The imprisonment or assignment under this
7 subsection shall not be subject to suspension nor shall the
8 person be eligible for probation in order to reduce the
9 sentence or assignment.
10 (c-1) (1) A person who violates this Section during a
11 period in which his or her driving privileges are revoked
12 or suspended, where the revocation or suspension was for
13 a violation of this Section or a similar provision of a
14 local ordinance, a failure to submit to a chemical test
15 or tests of blood, breath, or urine pursuant to , Section
16 11-501.1 or to a preliminary breath screening test or
17 field sobriety test or tests pursuant to Section 11-501.5
18 of this Code, a violation of , paragraph (b) of Section
19 11-401 of this Code, or a violation of Section 9-3 of the
20 Criminal Code of 1961 is guilty of a Class 4 felony.
21 (2) A person who violates this Section a third time
22 during a period in which his or her driving privileges
23 are revoked or suspended where the revocation or
24 suspension was for a violation of this Section, or a
25 similar violation of a local ordinance, a failure to
26 submit to a chemical test or tests of blood, breath, or
27 urine pursuant to Section 11-501.1 or to a preliminary
28 breath screening test or field sobriety test or tests
29 pursuant to Section 11-501.5 of this Code, a violation of
30 , paragraph (b) of Section 11-401 of this Code, or a
31 violation of Section 9-3 of the Criminal Code of 1961 is
32 guilty of a Class 3 felony.
33 (3) A person who violates this Section a fourth or
34 subsequent time during a period in which his or her
-31- LRB9101236KSgcA
1 driving privileges are revoked or suspended where the
2 revocation or suspension was for a violation of this
3 Section or a similar violation of a local ordinance, a
4 failure to submit to a chemical test or tests of blood,
5 breath, or urine pursuant to Section 11-501.1 or to a
6 preliminary breath screening test or field sobriety test
7 or tests pursuant to Section 11-501.5 of this Code, a
8 violation of , paragraph (b) of Section 11-401 of this
9 Code, or a violation of Section 9-3 of the Criminal Code
10 of 1961 is guilty of a Class 2 felony.
11 (c-2) (Blank).
12 (c-3) Every person convicted of violating this Section
13 or a similar provision of a local ordinance who had a child
14 under age 16 in the vehicle at the time of the offense shall
15 have his or her punishment under this Act enhanced by 2 days
16 of imprisonment for a first offense, 10 days of imprisonment
17 for a second offense, 30 days of imprisonment for a third
18 offense, and 90 days of imprisonment for a fourth or
19 subsequent offense, in addition to the fine and community
20 service required under subsection (c) and the possible
21 imprisonment required under subsection (d). The imprisonment
22 or assignment under this subsection shall not be subject to
23 suspension nor shall the person be eligible for probation in
24 order to reduce the sentence or assignment.
25 (d) (1) Every person convicted of committing a violation
26 of this Section shall be guilty of aggravated driving under
27 the influence of alcohol, other drug or drugs, or
28 intoxicating compound or compounds, or any combination
29 thereof if:
30 (A) the person committed a violation of this
31 Section, or a similar provision of a law of another state
32 or a local ordinance when the cause of action is the same
33 as or substantially similar to this Section, for the
34 third or subsequent time;
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1 (B) the person committed a violation of paragraph
2 (a) while driving a school bus with children on board;
3 (C) the person in committing a violation of
4 paragraph (a) was involved in a motor vehicle accident
5 that resulted in great bodily harm or permanent
6 disability or disfigurement to another, when the
7 violation was a proximate cause of the injuries; or
8 (D) the person committed a violation of paragraph
9 (a) for a second time and has been previously convicted
10 of violating Section 9-3 of the Criminal Code of 1961
11 relating to reckless homicide in which the person was
12 determined to have been under the influence of alcohol,
13 other drug or drugs, or intoxicating compound or
14 compounds as an element of the offense or the person has
15 previously been convicted under subparagraph (C) of this
16 paragraph (1).
17 (2) Aggravated driving under the influence of alcohol,
18 other drug or drugs, or intoxicating compound or compounds,
19 or any combination thereof is a Class 4 felony for which a
20 person, if sentenced to a term of imprisonment, shall be
21 sentenced to not less than one year and not more than 3 years
22 for a violation of subparagraph (A), (B) or (D) of paragraph
23 (1) of this subsection (d) and not less than one year and not
24 more than 12 years for a violation of subparagraph (C) of
25 paragraph (1) of this subsection (d). For any prosecution
26 under this subsection (d), a certified copy of the driving
27 abstract of the defendant shall be admitted as proof of any
28 prior conviction.
29 (e) After a finding of guilt and prior to any final
30 sentencing, or an order for supervision, for an offense based
31 upon an arrest for a violation of this Section or a similar
32 provision of a local ordinance, individuals shall be required
33 to undergo a professional evaluation to determine if an
34 alcohol, drug, or intoxicating compound abuse problem exists
-33- LRB9101236KSgcA
1 and the extent of the problem. Programs conducting these
2 evaluations shall be licensed by the Department of Human
3 Services. The cost of any professional evaluation shall be
4 paid for by the individual required to undergo the
5 professional evaluation.
6 (f) Every person found guilty of violating this Section,
7 whose operation of a motor vehicle while in violation of this
8 Section proximately caused any incident resulting in an
9 appropriate emergency response, shall be liable for the
10 expense of an emergency response as provided under Section
11 5-5-3 of the Unified Code of Corrections.
12 (g) The Secretary of State shall revoke the driving
13 privileges of any person convicted under this Section or a
14 similar provision of a local ordinance.
15 (h) Every person sentenced under subsection (d) of this
16 Section and who receives a term of probation or conditional
17 discharge shall be required to serve a minimum term of either
18 30 days community service or, beginning July 1, 1993, 48
19 consecutive hours of imprisonment as a condition of the
20 probation or conditional discharge. This mandatory minimum
21 term of imprisonment or assignment of community service shall
22 not be suspended and shall not be subject to reduction by the
23 court.
24 (i) The Secretary of State may use ignition interlock
25 device requirements when granting driving relief to
26 individuals who have been arrested for a second or subsequent
27 offense of this Section or a similar provision of a local
28 ordinance. The Secretary shall establish by rule and
29 regulation the procedures for use of the interlock system.
30 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
31 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
32 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
33 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
34 90-779, eff. 1-1-99; revised 9-16-98.)
-34- LRB9101236KSgcA
1 (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
2 Sec. 11-501.1. Suspension of drivers license; statutory
3 summary alcohol, other drug or drugs, or intoxicating
4 compound or compounds related suspension; implied consent.
5 (a) Any person who drives or is in actual physical
6 control of a motor vehicle within upon the public highways of
7 , be imposed.
30 A person who is under the age of 21 at the time the
31 person is requested to submit to a test as provided above
32 shall, in addition to the warnings provided for in this
33 Section, be further warned by the law enforcement officer
34 requesting the test that if the person submits to the test or
-36- LRB9101236KSgcA
1 tests provided in paragraph (a) of this Section and the
2 alcohol concentration in the person's blood or breath is
3 greater than 0.00 and less than 0.08, a suspension of the
4 person's privilege to operate a motor vehicle, as provided
5 under Sections 6-208.2 and 11-501.8 of this Code, will be
6 imposed. The results of this test shall be admissible in a
7 civil or criminal action or proceeding arising from an arrest
8 for an offense as defined in Section 11-501 of this Code or a
9 similar provision of a local ordinance or pursuant to Section
10 11-501.4 in prosecutions for reckless homicide brought under
11 the Criminal Code of 1961. These test results, however, shall
12 be admissible only in actions or proceedings directly related
13 to the incident upon which the test request was made.
14 (d) If the person refuses testing or submits to a test
15 that discloses an alcohol concentration of 0.08 or more, or
16 any amount of a drug, substance, or intoxicating compound in
17 the person's breath, blood, or urine resulting from the
18 unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act, a controlled substance listed in the
20 Illinois Controlled Substances Act, or an intoxicating
21 compound listed in the Use of Intoxicating Compounds Act, the
22 law enforcement officer shall immediately submit a sworn
23 report to the circuit court of venue and the Secretary of
24 State, certifying that the test or tests was or were
25 requested under paragraph (a) and the person refused to
26 submit to a test, or tests, or submitted to testing that
27 disclosed an alcohol concentration of 0.08 or more.
28 (e) Upon receipt of the sworn report of a law
29 enforcement officer submitted under paragraph (d), the
30 Secretary of State shall enter the statutory summary
31 suspension for the periods specified in Section 6-208.1, and
32 effective as provided in paragraph (g).
33 If the person is a first offender as defined in Section
34 11-500 of this Code, and is not convicted of a violation of
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1 Section 11-501 of this Code or a similar provision of a local
2 ordinance, then reports received by the Secretary of State
3 under this Section shall, except during the actual time the
4 Statutory Summary Suspension is in effect, be privileged
5 information and for use only by the courts, police officers,
6 prosecuting authorities or the Secretary of State.
7 (f) The law enforcement officer submitting the sworn
8 report under paragraph (d) shall serve immediate notice of
9 the statutory summary suspension on the person and the
10 suspension shall be effective as provided in paragraph (g).
11 In cases where the blood alcohol concentration of 0.08 or
12 greater or any amount of a drug, substance, or compound
13 resulting from the unlawful use or consumption of cannabis as
14 covered by the Cannabis Control Act, a controlled substance
15 listed in the Illinois Controlled Substances Act, or an
16 intoxicating compound listed in the Use of Intoxicating
17 Compounds Act is established by a subsequent analysis of
18 blood or urine collected at the time of arrest, the arresting
19 officer or arresting agency shall give notice as provided in
20 this Section or by deposit in the United States mail of the
21 notice in an envelope with postage prepaid and addressed to
22 the person at his address as shown on the Uniform Traffic
23 Ticket and the statutory summary suspension shall begin as
24 provided in paragraph (g). The officer shall confiscate any
25 Illinois driver's license or permit on the person at the time
26 of arrest. If the person has a valid driver's license or
27 permit, the officer shall issue the person a receipt, in a
28 form prescribed by the Secretary of State, that will allow
29 that person to drive during the periods provided for in
30 paragraph (g). The officer shall immediately forward the
31 driver's license or permit to the circuit court of venue
32 along with the sworn report provided for in paragraph (d).
33 (g) The statutory summary suspension referred to in this
34 Section shall take effect on the 46th day following the date
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1 the notice of the statutory summary suspension was given to
2 the person.
3 (h) The following procedure shall apply whenever a
4 person is arrested for any offense as defined in Section
5 11-501 or a similar provision of a local ordinance:
6 Upon receipt of the sworn report from the law enforcement
7 officer, the Secretary of State shall confirm the statutory
8 summary suspension by mailing a notice of the effective date
9 of the suspension to the person and the court of venue.
10 However, should the sworn report be defective by not
11 containing sufficient information or be completed in error,
12 the confirmation of the statutory summary suspension shall
13 not be mailed to the person or entered to the record;,
14 instead, the sworn report shall be forwarded to the court of
15 venue with a copy returned to the issuing agency identifying
16 any defect.
17 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99;
18 revised 10-31-98.)
19 (625 ILCS 5/11-501.4-1)
20 Sec. 11-501.4-1. Reporting of test results of blood or
21 urine conducted in the regular course of providing emergency
22 medical treatment.
23 (a) Notwithstanding any other provision of law, the
24 results of blood or urine tests performed for the purpose of
25 determining the content of alcohol, other drug or drugs, or
26 intoxicating compound or compounds, or any combination
27 thereof, in an individual's blood or urine conducted upon
28 persons receiving medical treatment in a hospital emergency
29 room for injuries resulting from a motor vehicle accident
30 shall may be reported to the Department of State Police or
31 local law enforcement agencies. Such blood or urine tests are
32 admissible in evidence as a business record exception to the
33 hearsay rule only in prosecutions for any violation of
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1 Section 11-501 of this Code or a similar provision of a local
2 ordinance, or in prosecutions for reckless homicide brought
3 under the Criminal Code of 1961.
4 (b) The confidentiality provisions of law pertaining to
5 medical records and medical treatment shall not be applicable
6 with regard to tests performed upon an individual's blood or
7 urine under the provisions of subsection (a) of this Section.
8 No person shall be liable for civil damages or professional
9 discipline as a result of the reporting of the tests or the
10 evidentiary use of an individual's blood or urine test
11 results under this Section or Section 11-501.4 or as a result
12 of that person's testimony made available under this Section
13 or Section 11-501.4, except for willful or wanton misconduct.
14 (Source: P.A. 89-517, eff. 1-1-97; 90-779, eff. 1-1-99.)
15 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
16 Sec. 11-501.5. Preliminary breath screening test and
17 field sobriety tests.
18 (a) Any person who drives or is in actual physical
19 control of a motor vehicle within this State shall be deemed
20 to have given consent to providing If a law enforcement
21 officer has reasonable suspicion to believe that a person is
22 violating or has violated Section 11-501 or a similar
23 provision of a local ordinance, the officer, prior to an
24 arrest, may request the person to provide a sample of his or
25 her breath for a preliminary breath screening test using a
26 portable device approved by the Department of Public Health
27 and to performing any field sobriety test or tests approved
28 by the Illinois Law Enforcement Training Standards Board if
29 the law enforcement officer has reasonable suspicion based on
30 specific and articulable facts and rationale inferences from
31 those facts to believe that the person is violating or has
32 violated Section 11-501 or a similar provision of a local
33 ordinance. The results of the field sobriety tests or the
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1 this preliminary breath screening test may be used by the law
2 enforcement officer for the purpose of assisting with the
3 determination of whether to require a chemical test as
4 authorized under Sections 11-501.1 and 11-501.2, and the
5 appropriate type of test to request. Any chemical test
6 authorized under Sections 11-501.1 and 11-501.2 may be
7 requested by the officer regardless of the result of the
8 field sobriety tests and preliminary breath screening test,
9 if probable cause for an arrest exists. The result of a
10 preliminary breath screening test may be used by the
11 defendant as evidence in any administrative or court
12 proceeding involving a violation of Section 11-501 or
13 11-501.1 and may be used by the State as evidence in any
14 administrative or court proceeding to establish probable
15 cause for a violation of Section 11-501 or as a reason to
16 request a test pursuant to Section 11-501.1. The result of a
17 field sobriety test may be used by the defendant or State in
18 any administrative or court proceeding.
19 (b) A law enforcement officer who has reasonable
20 suspicion based on specific and articulable facts and
21 rational inferences from those facts to believe that a person
22 is violating or has violated Section 11-501 of this Code or a
23 similar provision of a local ordinance shall administer to
24 that person all field sobriety tests approved by the Illinois
25 Law Enforcement Training Standards Board. The performance of
26 any field sobriety test may be dispensed with where, in the
27 judgment of the law enforcement officer administering the
28 field sobriety tests, the performance of that test would
29 jeopardize the safety of any person, is not advisable due to
30 weather, traffic or terrain conditions, or is not practical
31 or appropriate due to a disability or medical condition of
32 the person subject to taking the test. If the law
33 enforcement officer has probable cause to believe the person
34 is in violation of Section 11-501 or a similar provision of a
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1 local ordinance, the law enforcement officer may, in his or
2 her discretion, administer the field sobriety tests but is
3 not required to do so. The administration of the preliminary
4 breath screening test shall at all times be at the discretion
5 of the law enforcement officer.
6 (c) A person shall be excused from performing a test if
7 he or she has a disability or medical condition that prevents
8 the person from performing the test. A person who has been
9 requested to submit to any test and who has failed to do so
10 shall have the burden of proving by a preponderance of the
11 evidence the existence of the disability or medical condition
12 that prevented him or her from performing the requested test.
13 (d) A person requested to submit to any test as provided
14 in subsection (b) of this Section shall be warned by the law
15 enforcement officer requesting the test prior to
16 administering the test or tests that a refusal to submit to
17 any test will result in the statutory summary suspension of
18 the person's privilege to operate a motor vehicle as provided
19 in Section 6-208.1 of this Code.
20 (e) If a person refuses to perform any of the field
21 sobriety tests or to take a preliminary breath screening test
22 requested by a law enforcement officer, the law enforcement
23 officer shall immediately submit a sworn report to the
24 Secretary of State, certifying which test or tests was or
25 were requested under this Section and which test or tests the
26 person refused to perform.
27 (f) Upon receipt of the sworn report of a law
28 enforcement officer submitted under subsection (e), the
29 Secretary of State shall enter the statutory summary
30 suspension for the periods specified in Section 6-208.1, and
31 effective as provided in subsection (h). If the person is a
32 first offender as defined in Section 11-500 of this Code, and
33 is not convicted of a violation of Section 11-501 of this
34 Code or a similar provision of a local ordinance, then
-42- LRB9101236KSgcA
1 reports received by the Secretary of State under this Section
2 shall, except during the actual time the statutory summary
3 suspension is in effect, be privileged information and for
4 use only by the courts, police officers, prosecuting
5 authorities, or the Secretary of State.
6 (g) The law enforcement officer submitting the sworn
7 report under subsection (e) shall serve immediate notice of
8 the statutory summary suspension on the person and the
9 suspension shall be effective as provided in subsection (h).
10 The officer shall confiscate any Illinois driver's license or
11 permit on the person at the time of the person's refusal to
12 take any test pursuant to this Section or of the person's
13 arrest for violation of Section 11-501 or similar ordinance.
14 If the person has a valid driver's license or permit, the
15 officer shall issue the person a receipt, in a form
16 prescribed by the Secretary of State, that will allow that
17 person to drive during the periods provided for in subsection
18 (h). If the person has been arrested, the officer shall
19 immediately forward the driver's license or permit to the
20 circuit court of venue along with the sworn report provided
21 for in subsection (e). If the person has not been arrested,
22 the officer shall immediately forward the driver's license or
23 permit to the Secretary of State along with the sworn report
24 provided for in subsection (e) and shall, on a form the
25 Secretary may by rule prescribe, issue the person a written
26 notification of statutory suspension of driving privileges
27 informing the person of the effective date of the statutory
28 summary suspension and of the person's rights under this
29 Section to appeal that suspension. The notification may be
30 used by the person prior to the effective date of the
31 statutory summary suspension as proof that a valid driver's
32 license or permit has been issued to him or her.
33 (h) The statutory summary suspension referred to in this
34 Section shall take effect on the 46th day following the date
-43- LRB9101236KSgcA
1 the notice of the statutory summary suspension was given to
2 the person.
3 (i) The following procedure shall apply whenever a
4 person is arrested for any offense as defined in Section
5 11-501 or a similar provision of a local ordinance or a
6 person has refused to submit to a preliminary screening
7 breath test or to a field sobriety test or tests requested
8 pursuant to this Section: Upon receipt of the sworn report
9 from the law enforcement officer, the Secretary of State
10 shall confirm the statutory summary suspension by mailing a
11 notice of the effective date of the suspension to the person
12 and, if the person has been arrested, to the court of venue.
13 If the sworn report is defective because it does not contain
14 sufficient information or it has been completed in error, the
15 confirmation of the statutory summary suspension shall not be
16 mailed to the person or entered to the record; instead, if
17 the person has been arrested, the sworn report shall be
18 forwarded to the court of venue with a copy returned to the
19 issuing agency identifying any defect.
20 (j) A person may contest suspension of his or her
21 driving privileges under this Section by requesting an
22 administrative hearing with the Secretary at the office of
23 the Secretary located nearest to where the violation of
24 subsection (a) occurred. Except as otherwise limited or set
25 forth in this subsection (j), hearings shall be conducted in
26 accordance with Section 2-118 of this Code. The scope of the
27 administrative hearing shall be limited to whether the law
28 enforcement officer had reasonable suspicion to believe that
29 the person was in violation of Section 11-501 of this Code or
30 a similar provision of a local ordinance, whether the person
31 was informed of his or her rights under this Section, and
32 whether the person willfully refused to comply with the order
33 of the law enforcement officer. The Secretary may rescind,
34 continue, or modify the order of suspension. If the
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1 Secretary does not rescind the order, a restricted driving
2 permit may be granted by the Secretary upon application being
3 made and good cause shown. A restricted driving permit may
4 be granted to relieve undue hardship to allow driving for
5 employment, education, and medical purposes as provided in
6 Section 6-206 of this Code. The provisions of Section 6-206
7 of this Code relating to the criteria and conditions under
8 which limited driving privileges may or may not be granted
9 shall apply, except that the authority to grant a restricted
10 driving permit under this subsection (j) shall be in the sole
11 discretion of the Secretary. A person to whom a court has
12 rescinded a statutory summary suspension under the provisions
13 of Section 2-118.1 shall continue to have his or her driving
14 privileges subject to the statutory summary suspension
15 imposed by this Section until the Secretary rescinds the
16 suspension. The action of the Secretary of State in
17 upholding a statutory summary suspension shall be subject to
18 judicial review in the county where the office of the
19 Secretary of State hearing the case is located.
20 (k) When a person's refusal to submit to or complete a
21 preliminary breath screening test or field sobriety test or
22 tests and specific and articulable facts and the inferences
23 from those facts give rise to a rational basis for concluding
24 the continued operation of the vehicle by the person would
25 constitute a clear and present danger to any person, the law
26 enforcement officer may impound the person's vehicle for up
27 to 6 hours. For the purpose of this subsection, "impound"
28 means that the officer may: (1) direct the person not to
29 drive; (2) take possession of the person's vehicle keys, or
30 (3) secure the person's vehicle. The person shall be liable
31 to the municipality or governmental entity employing the law
32 enforcement officer for all costs related to the impoundment.
33 Additionally, the law enforcement officer may release the
34 vehicle to a person other than the driver if: (1) that other
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1 person is the owner or renter of the vehicle or the driver is
2 owner of the vehicle and gives permission to the other person
3 to operate the vehicle and (2) the other person possesses a
4 valid operator's license and would not, as determined by the
5 law enforcement officer, either have a lack of ability to
6 operate the vehicle in a safe manner or be in violation of
7 this Code.
8 (Source: P.A. 88-169.)
9 Section 10. The Unified Code of Corrections is amended
10 by changing Section 5-6-1 as follows:
11 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
12 Sec. 5-6-1. Sentences of Probation and of Conditional
13 Discharge and Disposition of Supervision. The General
14 Assembly finds that in order to protect the public, the
15 criminal justice system must compel compliance with the
16 conditions of probation by responding to violations with
17 swift, certain and fair punishments and intermediate
18 sanctions. The Chief Judge of each circuit shall adopt a
19 system of structured, intermediate sanctions for violations
20 of the terms and conditions of a sentence of probation,
21 conditional discharge or disposition of supervision.
22 (a) Except where specifically prohibited by other
23 provisions of this Code, the court shall impose a sentence of
24 probation or conditional discharge upon an offender unless,
25 having regard to the nature and circumstance of the offense,
26 and to the history, character and condition of the offender,
27 the court is of the opinion that:
28 (1) his imprisonment or periodic imprisonment is
29 necessary for the protection of the public; or
30 (2) probation or conditional discharge would
31 deprecate the seriousness of the offender's conduct and
32 would be inconsistent with the ends of justice.
-46- LRB9101236KSgcA
1 The court shall impose as a condition of a sentence of
2 probation, conditional discharge, or supervision, that the
3 probation agency may invoke any sanction from the list of
4 intermediate sanctions adopted by the chief judge of the
5 circuit court for violations of the terms and conditions of
6 the sentence of probation, conditional discharge, or
7 supervision, subject to the provisions of Section 5-6-4 of
8 this Act.
9 (b) The court may impose a sentence of conditional
10 discharge for an offense if the court is of the opinion that
11 neither a sentence of imprisonment nor of periodic
12 imprisonment nor of probation supervision is appropriate.
13 (c) The court may, upon a plea of guilty or a
14 stipulation by the defendant of the facts supporting the
15 charge or a finding of guilt, defer further proceedings and
16 the imposition of a sentence, and enter an order for
17 supervision of the defendant, if the defendant is not charged
18 with a Class A misdemeanor, as defined by the following
19 provisions of the Criminal Code of 1961: Sections 12-3.2;
20 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21 21-1; paragraph (1) through (5), (8), (10), and (11) of
22 subsection (a) of Section 24-1; and Section 1 of the Boarding
23 Aircraft With Weapon Act; or a felony. If the defendant is
24 not barred from receiving an order for supervision as
25 provided in this subsection, the court may enter an order for
26 supervision after considering the circumstances of the
27 offense, and the history, character and condition of the
28 offender, if the court is of the opinion that:
29 (1) the offender is not likely to commit further
30 crimes;
31 (2) the defendant and the public would be best
32 served if the defendant were not to receive a criminal
33 record; and
34 (3) in the best interests of justice an order of
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1 supervision is more appropriate than a sentence otherwise
2 permitted under this Code.
3 (d) The provisions of paragraph (c) shall not apply to a
4 defendant charged with violating Section 11-501 of the
5 Illinois Vehicle Code or a similar provision of a local
6 ordinance when the defendant has previously been:
7 (1) convicted for a violation of Section 11-501 of
8 the Illinois Vehicle Code or a similar provision of a
9 local ordinance or out-of-state jurisdiction; or
10 (2) assigned supervision for a violation of Section
11 11-501 of the Illinois Vehicle Code or a similar
12 provision of a local ordinance or out-of-state
13 jurisdiction; or
14 (3) pleaded guilty to or stipulated to the facts
15 supporting a charge or a finding of guilty to a violation
16 of Section 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance or out-of-state
18 jurisdiction, and the plea or stipulation was the result
19 of a plea agreement.
20 The court shall consider the statement of the prosecuting
21 authority with regard to the standards set forth in this
22 Section.
23 (e) The provisions of paragraph (c) shall not apply to a
24 defendant charged with violating Section 16A-3 of the
25 Criminal Code of 1961 if said defendant has within the last 5
26 years been:
27 (1) convicted for a violation of Section 16A-3 of
28 the Criminal Code of 1961; or
29 (2) assigned supervision for a violation of Section
30 16A-3 of the Criminal Code of 1961 or similar provision
31 of an out-of-state jurisdiction.
32 The court shall consider the statement of the prosecuting
33 authority with regard to the standards set forth in this
34 Section.
-48- LRB9101236KSgcA
1 (f) The provisions of paragraph (c) shall not apply to a
2 defendant charged with violating Sections 15-111, 15-112,
3 15-301, paragraph (b) of Section 6-104, Section 11-605, or
4 Section 11-1414 of the Illinois Vehicle Code or a similar
5 provision of a local ordinance or out-of-state jurisdiction.
6 (g) Except as otherwise provided in paragraph (i) of
7 this Section, the provisions of paragraph (c) shall not apply
8 to a defendant charged with violating Section 3-707, 3-708,
9 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
10 provision of a local ordinance if the defendant has within
11 the last 5 years been:
12 (1) convicted for a violation of Section 3-707,
13 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
14 a similar provision of a local ordinance or out-of-state
15 jurisdiction; or
16 (2) assigned supervision for a violation of Section
17 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
18 Code or a similar provision of a local ordinance or
19 out-of-state jurisdiction.
20 The court shall consider the statement of the prosecuting
21 authority with regard to the standards set forth in this
22 Section.
23 (h) The provisions of paragraph (c) shall not apply to a
24 defendant under the age of 21 years charged with violating a
25 serious traffic offense as defined in Section 1-187.001 of
26 the Illinois Vehicle Code:
27 (1) unless the defendant, upon payment of the
28 fines, penalties, and costs provided by law, agrees to
29 attend and successfully complete a traffic safety program
30 approved by the court under standards set by the
31 Conference of Chief Circuit Judges. The accused shall be
32 responsible for payment of any traffic safety program
33 fees. If the accused fails to file a certificate of
34 successful completion on or before the termination date
-49- LRB9101236KSgcA
1 of the supervision order, the supervision shall be
2 summarily revoked and conviction entered. The provisions
3 of Supreme Court Rule 402 relating to pleas of guilty do
4 not apply in cases when a defendant enters a guilty plea
5 under this provision; or
6 (2) if the defendant has previously been sentenced
7 under the provisions of paragraph (c) on or after January
8 1, 1998 for any serious traffic offense as defined in
9 Section 1-187.001 of the Illinois Vehicle Code.
10 (i) The provisions of paragraph (c) shall not apply to a
11 defendant charged with violating Section 3-707 of the
12 Illinois Vehicle Code or a similar provision of a local
13 ordinance if the defendant has been assigned supervision for
14 a violation of Section 3-707 of the Illinois Vehicle Code or
15 a similar provision of a local ordinance or out-of-state
16 jurisdiction.
17 (j) (i) The provisions of paragraph (c) shall not apply
18 to a defendant charged with violating Section 6-303 of the
19 Illinois Vehicle Code or a similar provision of a local
20 ordinance or out-of-state jurisdiction when the revocation or
21 suspension was for a violation of Section 11-501 or a similar
22 provision of a local ordinance, a failure to submit to a
23 chemical test or tests of blood, breath, or urine pursuant to
24 violation of Section 11-501.1 or to a preliminary breath
25 screening test or a field sobriety test or tests pursuant to
26 Section 11-501.5 of the Illinois Vehicle Code, a violation of
27 or paragraph (b) of Section 11-401 of the Illinois Vehicle
28 Code, or a violation of Section 9-3 of the Criminal Code of
29 1961 if the defendant has within the last 10 years been:
30 (1) convicted for a violation of Section 6-303 of
31 the Illinois Vehicle Code or a similar provision of a
32 local ordinance or out-of-state jurisdiction; or
33 (2) assigned supervision for a violation of Section
34 6-303 of the Illinois Vehicle Code or a similar provision
-50- LRB9101236KSgcA
1 of a local ordinance or out-of-state jurisdiction.
2 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
3 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
4 1-1-98; 90-738, eff. 1-1-99; 90-784, eff. 1-1-99; revised
5 9-21-98.)