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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB1041eng HB1041 Engrossed LRB9201961DHmg 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 2-118.1, 6-117, 6-118, 6-204, 6-206, and 6 6-208 as follows: 7 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) 8 Sec. 2-118.1. Opportunity for hearing; statutory summary 9 alcohol or other drug related suspension. 10 (a) A statutory summary suspension of driving privileges 11 under Section 11-501.1 shall not become effective until the 12 person is notified in writing of the impending suspension and 13 informed that he may request a hearing in the circuit court 14 of venue under paragraph (b) of this Section and the 15 statutory summary suspension shall become effective as 16 provided in Section 11-501.1. 17 (b) Within 90 days after the notice of statutory summary 18 suspension served under Section 11-501.1, the person may make 19 a written request for a judicial hearing in the circuit court 20 of venue. The request to the circuit court shall state the 21 grounds upon which the person seeks to have the statutory 22 summary suspension rescinded. Within 30 days after receipt of 23 the written request or the first appearance date on the 24 Uniform Traffic Ticket issued pursuant to a violation of 25 Section 11-501, or a similar provision of a local ordinance, 26 the hearing shall be conducted by the circuit court having 27 jurisdiction. This judicial hearing, request, or process 28 shall not stay or delay the statutory summary suspension. The 29 hearings shall proceed in the court in the same manner as in 30 other civil proceedings. 31 The hearing may be conducted upon a review of the law HB1041 Engrossed -2- LRB9201961DHmg 1 enforcement officer's own official reports; provided however, 2 that the person may subpoena the officer. Failure of the 3 officer to answer the subpoena shall be considered grounds 4 for a continuance if in the court's discretion the 5 continuance is appropriate. 6 The scope of the hearing shall be limited to the issues 7 of: 8 1. Whether the person was placed under arrest for 9 an offense as defined in Section 11-501, or a similar 10 provision of a local ordinance, as evidenced by the 11 issuance of a Uniform Traffic Ticket, or issued a Uniform 12 Traffic Ticket out of state as provided in subsection (a) 13 of Section 11-501.1; and 14 2. Whether the officer had reasonable grounds to 15 believe that the person was driving or in actual physical 16 control of a motor vehicle upon a highway while under the 17 influence of alcohol, other drug, or combination of both; 18 and 19 3. Whether the person, after being advised by the 20 officer that the privilege to operate a motor vehicle 21 would be suspended if the person refused to submit to and 22 complete the test or tests, did refuse to submit to or 23 complete the test or tests to determine the person's 24 alcohol or drug concentration; or 25 4. Whether the person, after being advised by the 26 officer that the privilege to operate a motor vehicle 27 would be suspended if the person submits to a chemical 28 test, or tests, and the test discloses an alcohol 29 concentration of 0.08 or more, or any amount of a drug, 30 substance, or compound in the person's blood or urine 31 resulting from the unlawful use or consumption of 32 cannabis listed in the Cannabis Control Act,ora 33 controlled substance listed in the Illinois Controlled 34 Substances Act, or an intoxicating compound as listed in HB1041 Engrossed -3- LRB9201961DHmg 1 the use of Intoxicating Compounds Act, and the person did 2 submit to and complete the test or tests that determined 3 an alcohol concentration of 0.08 or more. 4 Upon the conclusion of the judicial hearing, the circuit 5 court shall sustain or rescind the statutory summary 6 suspension and immediately notify the Secretary of State. 7 Reports received by the Secretary of State under this Section 8 shall be privileged information and for use only by the 9 courts, police officers, and Secretary of State. 10 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.) 11 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117) 12 Sec. 6-117. Records to be kept by the Secretary of 13 State. 14 (a) The Secretary of State shall file every application 15 for a license or permit accepted under this Chapter, and 16 shall maintain suitable indexes thereof. The records of the 17 Secretary of State shall indicate the action taken with 18 respect to such applications. 19 (b) The Secretary of State shall maintain appropriate 20 records of all licenses and permits refused, cancelled, 21 revoked or suspended and of the revocation and suspension of 22 driving privileges of persons not licensed under this 23 Chapter, and such records shall note the reasons for such 24 action. 25 (c) The Secretary of State shall maintain appropriate 26 records of convictions reported under this Chapter. Records 27 of conviction may be maintained in a computer processible 28 medium. 29 (d) The Secretary of State may also maintain appropriate 30 records of any accident reports received. 31 (e) The Secretary of State shall also maintain 32 appropriate records of any disposition of supervision or 33 records relative to a driver's referral to a driver remedial HB1041 Engrossed -4- LRB9201961DHmg 1 or rehabilitative program, as required by the Secretary of 2 State or the courts. Such records shall only be available 3 for use by the Secretary, law enforcement agencies, the 4 courts, and the affected driver or, upon proper verification, 5 such affected driver's attorney. 6 (f) The Secretary of State shall also maintain or 7 contract to maintain appropriate records of all photographs 8 and signatures obtained in the process of issuing any 9 driver's license, permit, or identification card. The record 10 shall be confidential and shall not be disclosed except to 11 those entities listed under Section 6-110.1 of this Code. 12 (Source: P.A. 90-191, eff. 1-1-98.) 13 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118) 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 HB1041 Engrossed -5- LRB9201961DHmg 1 Instruction permit issued to any person 2 holding an Illinois driver's license 3 who wishes a change in classifications, 4 other than at the time of renewal..................5 5 Any instruction permit issued to a person 6 age 69 and older...................................5 7 Instruction permit issued to any person, 8 under age 69, not currently holding a 9 valid Illinois driver's license or 10 instruction permit but who has 11 previously been issued either document 12 in Illinois.......................................10 13 Restricted driving permit...............................8 14 Duplicate or corrected driver's license 15 or permit..........................................5 16 Duplicate or corrected restricted 17 driving permit.....................................5 18 Original or renewal M or L endorsement..................5 19 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE 20 The fees for commercial driver licenses and permits 21 under Article V shall be as follows: 22 Commercial driver's license: 23 $6 for the CDLIS/AAMVAnet Fund 24 (Commercial Driver's License Information 25 System/American Association of Motor Vehicle 26 Administrators network Trust Fund); 27 $20 for the Motor Carrier Safety Inspection Fund; 28 $10 for the driver's license; 29 and $24 for the CDL:.............................$60 30 Renewal commercial driver's license: 31 $6 for the CDLIS/AAMVAnet Trust Fund; 32 $20 for the Motor Carrier Safety Inspection Fund; 33 $10 for the driver's license; and 34 $24 for the CDL:.................................$60 HB1041 Engrossed -6- LRB9201961DHmg 1 Commercial driver instruction permit 2 issued to any person holding a valid 3 Illinois driver's license for the 4 purpose of changing to a 5 CDL classification: $6 for the 6 CDLIS/AAMVAnet Trust Fund; 7 $20 for the Motor Carrier 8 Safety Inspection Fund; and 9 $24 for the CDL classification...................$50 10 Commercial driver instruction permit 11 issued to any person holding a valid 12 Illinois CDL for the purpose of 13 making a change in a classification, 14 endorsement or restriction........................$5 15 CDL duplicate or corrected license.....................$5 16 In order to ensure the proper implementation of the 17 Uniform Commercial Driver License Act, Article V of this 18 Chapter, the Secretary of State is empowered to pro-rate the 19 $24 fee for the commercial driver's license proportionate to 20 the expiration date of the applicant's Illinois driver's 21 license. 22 The fee for any duplicate license or permit shall be 23 waived for any person age 60 or older who presents the 24 Secretary of State's office with a police report showing that 25 his license or permit was stolen. 26 No additional fee shall be charged for a driver's 27 license, or for a commercial driver's license, when issued to 28 the holder of an instruction permit for the same 29 classification or type of license who becomes eligible for 30 such license. 31 (b) Any person whose license or privilege to operate a 32 motor vehicle in this State has been suspended or revoked 33 under any provision of Chapter 6, Chapter 11, or Section 34 7-702 of the Family Financial Responsibility Law of this HB1041 Engrossed -7- LRB9201961DHmg 1 Code, shall in addition to any other fees required by this 2 Code, pay a reinstatement fee as follows: 3 Summary suspension under Section 11-501.1.............$60 4 Other suspension......................................$30 5 Revocation............................................$60 6 However, any person whose license or privilege to operate 7 a motor vehicle in this State has been suspended or revoked 8 for a second or subsequent time for a violation of Section 9 11-501 or 11-501.1 of this Code or a similar provision of a 10 local ordinance or a similar out-of-state offense or Section 11 9-3 of the Criminal Code of 1961 and each suspension or 12 revocation was for a violation of Section 11-501 or 11-501.1 13 of this Code or a similar provision of a local ordinance or a 14 similar out-of-state offense or Section 9-3 of the Criminal 15 Code of 1961 shall pay, in addition to any other fees 16 required by this Code, a reinstatement fee as follows: 17 Summary suspension under Section 11-501.1............$250 18 Revocation...........................................$250 19 (c) All fees collected under the provisions of this 20 Chapter 6 shall be paid into the Road Fund in the State 21 Treasury except as follows: 22 1. The following amounts shall be paid into the 23 Driver Education Fund: 24 (A) $16 of the $20 fee for an original 25 driver's instruction permit; 26 (B) $5 of the $10 fee for an original driver's 27 license; 28 (C) $5 of the $10 fee for a 4 year renewal 29 driver's license; and 30 (D) $4 of the $8 fee for a restricted driving 31 permit. 32 2. $30 of the $60 fee for reinstatement of a license 33 summarily suspended under Section 11-501.1 shall be 34 deposited into the Drunk and Drugged Driving Prevention HB1041 Engrossed -8- LRB9201961DHmg 1 Fund. However, for a person whose license or privilege 2 to operate a motor vehicle in this State has been 3 suspended or revoked for a second or subsequent time for 4 a violation of Section 11-501 or 11-501.1 of this Code or 5 Section 9-3 of the Criminal Code of 1961, $190 of the 6 $250 fee for reinstatement of a license summarily 7 suspended under Section 11-501.1, and $190 of the $250 8 fee for reinstatement of a revoked license shall be 9 deposited into the Drunk and Drugged Driving Prevention 10 Fund. 11 3. $6 of such original or renewal fee for a 12 commercial driver's license and $6 of the commercial 13 driver instruction permit fee when such permit is issued 14 to any person holding a valid Illinois driver's license, 15 shall be paid into the CDLIS/AAMVAnet Trust Fund. 16 4. The fee for reinstatement of a license suspended 17 under the Family Financial Responsibility Law shall be 18 paid into the Family Responsibility Fund. 19 5. The $5 fee for each original or renewal M or L 20 endorsement shall be deposited into the Cycle Rider 21 Safety Training Fund. 22 6. $20 of any original or renewal fee for a 23 commercial driver's license or commercial driver 24 instruction permit shall be paid into the Motor Carrier 25 Safety Inspection Fund. 26 (Source: P.A. 90-622, eff. 3-1-99; 90-738, eff. 1-1-99; 27 91-357, eff. 7-29-99; 91-537, eff. 8-13-99.) 28 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) 29 Sec. 6-204. When Court to forward License and Reports. 30 (a) For the purpose of providing to the Secretary of 31 State the records essential to the performance of the 32 Secretary's duties under this Code to cancel, revoke or 33 suspend the driver's license and privilege to drive motor HB1041 Engrossed -9- LRB9201961DHmg 1 vehicles of certain minors adjudicated truant minors in need 2 of supervision, addicted, or delinquent and of persons found 3 guilty of the criminal offenses or traffic violations which 4 this Code recognizes as evidence relating to unfitness to 5 safely operate motor vehicles, the following duties are 6 imposed upon public officials: 7 (1) Whenever any person is convicted of any offense 8 for which this Code makes mandatory the cancellation or 9 revocation of the driver's license or permit of such 10 person by the Secretary of State, the judge of the court 11 in which such conviction is had shall require the 12 surrender to the clerk of the court of all driver's 13 licenses or permits then held by the person so convicted, 14 and the clerk of the court shall, within 10 days 15 thereafter, forward the same, together with a report of 16 such conviction, to the Secretary. 17 (2) Whenever any person is convicted of any offense 18 under this Code or similar offenses under a municipal 19 ordinance, other than regulations governing standing, 20 parking or weights of vehicles, and excepting the 21 following enumerated Sections of this Code: Sections 22 11-1406 (obstruction to driver's view or control), 23 11-1407 (improper opening of door into traffic), 11-1410 24 (coasting on downgrade), 11-1411 (following fire 25 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 26 (driving vehicle which is in unsafe condition or 27 improperly equipped), 12-201(a) (daytime lights on 28 motorcycles), 12-202 (clearance, identification and side 29 marker lamps), 12-204 (lamp or flag on projecting load), 30 12-205 (failure to display the safety lights required), 31 12-401 (restrictions as to tire equipment), 12-502 32 (mirrors), 12-503 (windshields must be unobstructed and 33 equipped with wipers), 12-601 (horns and warning 34 devices), 12-602 (mufflers, prevention of noise or HB1041 Engrossed -10- LRB9201961DHmg 1 smoke), 12-603 (seat safety belts), 12-702 (certain 2 vehicles to carry flares or other warning devices), 3 12-703 (vehicles for oiling roads operated on highways), 4 12-710 (splash guards and replacements), 13-101 (safety 5 tests), 15-101 (size, weight and load), 15-102 (width), 6 15-103 (height), 15-104 (name and address on second 7 division vehicles), 15-107 (length of vehicle), 15-109.1 8 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 9 15-301 (weights), 15-316 (weights), 15-318 (weights), and 10 also excepting the following enumerated Sections of the 11 Chicago Municipal Code: Sections 27-245 (following fire 12 apparatus), 27-254 (obstruction of traffic), 27-258 13 (driving vehicle which is in unsafe condition), 27-259 14 (coasting on downgrade), 27-264 (use of horns and signal 15 devices), 27-265 (obstruction to driver's view or driver 16 mechanism), 27-267 (dimming of headlights), 27-268 17 (unattended motor vehicle), 27-272 (illegal funeral 18 procession), 27-273 (funeral procession on boulevard), 19 27-275 (driving freight hauling vehicles on boulevard), 20 27-276 (stopping and standing of buses or taxicabs), 21 27-277 (cruising of public passenger vehicles), 27-305 22 (parallel parking), 27-306 (diagonal parking), 27-307 23 (parking not to obstruct traffic), 27-308 (stopping, 24 standing or parking regulated), 27-311 (parking 25 regulations), 27-312 (parking regulations), 27-313 26 (parking regulations), 27-314 (parking regulations), 27 27-315 (parking regulations), 27-316 (parking 28 regulations), 27-317 (parking regulations), 27-318 29 (parking regulations), 27-319 (parking regulations), 30 27-320 (parking regulations), 27-321 (parking 31 regulations), 27-322 (parking regulations), 27-324 32 (loading and unloading at an angle), 27-333 (wheel and 33 axle loads), 27-334 (load restrictions in the downtown 34 district), 27-335 (load restrictions in residential HB1041 Engrossed -11- LRB9201961DHmg 1 areas), 27-338 (width of vehicles), 27-339 (height of 2 vehicles), 27-340 (length of vehicles), 27-352 3 (reflectors on trailers), 27-353 (mufflers), 27-354 4 (display of plates), 27-355 (display of city vehicle tax 5 sticker), 27-357 (identification of vehicles), 27-358 6 (projecting of loads), and also excepting the following 7 enumerated paragraphs of Section 2-201 of the Rules and 8 Regulations of the Illinois State Toll Highway Authority: 9 (l) (driving unsafe vehicle on tollway), (m) (vehicles 10 transporting dangerous cargo not properly indicated), it 11 shall be the duty of the clerk of the court in which such 12 conviction is had within 10 days thereafter to forward to 13 the Secretary of State a report of the conviction and the 14 court may recommend the suspension of the driver's 15 license or permit of the person so convicted. 16 The reporting requirements of this subsection shall apply 17 to all violations stated in paragraphs (1) and (2) of this 18 subsection when the individual has been adjudicated under the 19 Juvenile Court Act or the Juvenile Court Act of 1987. Such 20 reporting requirements shall also apply to individuals 21 adjudicated under the Juvenile Court Act or the Juvenile 22 Court Act of 1987 who have committed a violation of Section 23 11-501 of this Code, or similar provision of a local 24 ordinance, or Section 9-3 of the Criminal Code of 1961, as 25 amended, relating to the offense of reckless homicide. The 26 reporting requirements of this subsection shall also apply to 27 a truant minor in need of supervision, an addicted minor, or 28 a delinquent minor and whose driver's license and privilege 29 to drive a motor vehicle has been ordered suspended for such 30 times as determined by the Court, but only until he or she 31 attains 18 years of age. It shall be the duty of the clerk 32 of the court in which adjudication is had within 10 days 33 thereafter to forward to the Secretary of State a report of 34 the adjudication and the court order requiring the Secretary HB1041 Engrossed -12- LRB9201961DHmg 1 of State to suspend the minor's driver's license and driving 2 privilege for such time as determined by the Court, but only 3 until he or she attains the age of 18 years. All juvenile 4 court dispositions reported to the Secretary of State under 5 this provision shall be processed by the Secretary of State 6 as if the cases had been adjudicated in traffic or criminal 7 court. However, information reported relative to the offense 8 of reckless homicide, or Section 11-501 of this Code, or a 9 similar provision of a local ordinance, shall be privileged 10 and available only to the Secretary of State, courts, and 11 police officers. 12 (3) Whenever an order is entered vacating the 13 forfeiture of any bail, security or bond given to secure 14 appearance for any offense under this Code or similar 15 offenses under municipal ordinance, it shall be the duty 16 of the clerk of the court in which such vacation was had 17 or the judge of such court if such court has no clerk, 18 within 10 days thereafter to forward to the Secretary of 19 State a report of the vacation. 20 (4) A report of any disposition of court 21 supervision for a violation of Sections 6-303, 11-401, 22 11-501 or a similar provision of a local ordinance, 23 11-503 and 11-504 shall be forwarded to the Secretary of 24 State. A report of any disposition of court supervision 25 for a violation of an offense defined as a serious 26 traffic violation in this Code or a similar provision of 27 a local ordinance committed by a person under the age of 28 21 years shall be forwarded to the Secretary of State. 29 (5) Reports of conviction under this Code and 30 sentencing hearingshearingunder the Juvenile Court Act 31 of 1987 in an electronic format or a computer processible 32 medium shall be forwarded to the Secretary of State via 33 the Supreme Court in the form and format required by the 34 Illinois Supreme Court and established by a written HB1041 Engrossed -13- LRB9201961DHmg 1 agreement between the Supreme Court and the Secretary of 2 State. In counties with a population over 300,000, 3 instead of forwarding reports to the Supreme Court, 4 reports of conviction under this Code and sentencing 5 hearingshearingunder the Juvenile Court Act of 1987 in 6 an electronic format or a computer processible medium may 7 be forwarded to the Secretary of State by the Circuit 8 Court Clerk in a form and format required by the 9 Secretary of State and established by written agreement 10 between the Circuit Court Clerk and the Secretary of 11 State. Failure to forward the reports of conviction or 12 sentencing hearing under the Juvenile Court Act of 1987 13 as required by this Section shall be deemed an omission 14 of duty and it shall be the duty of the several State's 15 Attorneys to enforce the requirements of this Section. 16 (b) Whenever a restricted driving permit is forwarded to 17 a court, as a result of confiscation by a police officer 18 pursuant to the authority in Section 6-113(f), it shall be 19 the duty of the clerk, or judge, if the court has no clerk, 20 to forward such restricted driving permit and a facsimile of 21 the officer's citation to the Secretary of State as 22 expeditiously as practicable. 23 (c) For the purposes of this Code, a forfeiture of bail 24 or collateral deposited to secure a defendant's appearance in 25 court when forfeiture has not been vacated, or the failure of 26 a defendant to appear for trial after depositing his driver's 27 license in lieu of other bail, shall be equivalent to a 28 conviction. 29 (d) For the purpose of providing the Secretary of State 30 with records necessary to properly monitor and assess driver 31 performance and assist the courts in the proper disposition 32 of repeat traffic law offenders, the clerk of the court shall 33 forward to the Secretary of State, oneither on paper or in34an electronic format, ina form prescribed by the Secretary, HB1041 Engrossed -14- LRB9201961DHmg 1 records ofany disposition of court supervision for any2traffic violation, excluding those listed in paragraph (a)(2)3of this Section, or records ofa driver's participation in a 4 driver remedial or rehabilitative program which was required, 5 through a court order or court supervision, in relation to 6 the driver's arrest for a violation of Section 11-501 of this 7 Code or a similar provision of a local ordinance. The clerk 8 of the court shall also forward to the Secretary, either on 9 paper or in an electronic format or a computer processible 10 medium as required under paragraph (5) of subsection (a) of 11 this Section, any disposition of court supervision for any 12 traffic violation, excluding those offenses listed in 13 paragraph (2) of subsection (a) of this Section. These 14 reports shall be sent within 10 days after disposition, or, 15 if the driver is referred to a driver remedial or 16 rehabilitative program, within 10 days of the driver's 17 referral to that program. These reports received by the 18 Secretary of State, including those required to be forwarded 19 under paragraph (a)(4), shall be privileged information, 20 available only (i) to the affected driver and (ii) for use by 21 the courts, police officers, prosecuting authorities, and the 22 Secretary of State. 23 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 24 91-357, eff. 7-29-99; 91-716, eff. 10-1-00.) 25 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 26 Sec. 6-206. Discretionary authority to suspend or revoke 27 license or permit; Right to a hearing. 28 (a) The Secretary of State is authorized to suspend or 29 revoke the driving privileges of any person without 30 preliminary hearing upon a showing of the person's records or 31 other sufficient evidence that the person: 32 1. Has committed an offense for which mandatory 33 revocation of a driver's license or permit is required HB1041 Engrossed -15- LRB9201961DHmg 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; HB1041 Engrossed -16- LRB9201961DHmg 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 HB1041 Engrossed -17- LRB9201961DHmg 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 of this Code and the 4 person has not sought a hearing as provided for in 5 Section 11-501.1; 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 HB1041 Engrossed -18- LRB9201961DHmg 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 HB1041 Engrossed -19- LRB9201961DHmg 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,ora controlled substance as listed 15 in the Illinois Controlled Substances Act, or an 16 intoxicating compound as listed in the use of 17 Intoxicating Compounds Act, in which case the penalty 18 shall be as prescribed in Section 6-208.1; 19 32. Has been convicted of Section 24-1.2 of the 20 Criminal Code of 1961 relating to the aggravated 21 discharge of a firearm if the offender was located in a 22 motor vehicle at the time the firearm was discharged, in 23 which case the suspension shall be for 3 years; 24 33. Has as a driver, who was less than 21 years of 25 age on the date of the offense, been convicted a first 26 time of a violation of paragraph (a) of Section 11-502 of 27 this Code or a similar provision of a local ordinance; 28 34. Has committed a violation of Section 11-1301.5 29 of this Code; 30 35. Has committed a violation of Section 11-1301.6 31 of this Code; or 32 36. Is under the age of 21 years at the time of 33 arrest and has been convicted of not less than 2 34 offenses against traffic regulations governing the HB1041 Engrossed -20- LRB9201961DHmg 1 movement of vehicles committed within any 24 month 2 period. No revocation or suspension shall be entered 3 more than 6 months after the date of last conviction. 4 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 5 and 27 of this subsection, license means any driver's 6 license, any traffic ticket issued when the person's driver's 7 license is deposited in lieu of bail, a suspension notice 8 issued by the Secretary of State, a duplicate or corrected 9 driver's license, a probationary driver's license or a 10 temporary driver's license. 11 (b) If any conviction forming the basis of a suspension 12 or revocation authorized under this Section is appealed, the 13 Secretary of State may rescind or withhold the entry of the 14 order of suspension or revocation, as the case may be, 15 provided that a certified copy of a stay order of a court is 16 filed with the Secretary of State. If the conviction is 17 affirmed on appeal, the date of the conviction shall relate 18 back to the time the original judgment of conviction was 19 entered and the 6 month limitation prescribed shall not 20 apply. 21 (c) 1. Upon suspending or revoking the driver's license 22 or permit of any person as authorized in this Section, 23 the Secretary of State shall immediately notify the 24 person in writing of the revocation or suspension. The 25 notice to be deposited in the United States mail, postage 26 prepaid, to the last known address of the person. 27 2. If the Secretary of State suspends the driver's 28 license of a person under subsection 2 of paragraph (a) 29 of this Section, a person's privilege to operate a 30 vehicle as an occupation shall not be suspended, provided 31 an affidavit is properly completed, the appropriate fee 32 received, and a permit issued prior to the effective date 33 of the suspension, unless 5 offenses were committed, at 34 least 2 of which occurred while operating a commercial HB1041 Engrossed -21- LRB9201961DHmg 1 vehicle in connection with the driver's regular 2 occupation. All other driving privileges shall be 3 suspended by the Secretary of State. Any driver prior to 4 operating a vehicle for occupational purposes only must 5 submit the affidavit on forms to be provided by the 6 Secretary of State setting forth the facts of the 7 person's occupation. The affidavit shall also state the 8 number of offenses committed while operating a vehicle in 9 connection with the driver's regular occupation. The 10 affidavit shall be accompanied by the driver's license. 11 Upon receipt of a properly completed affidavit, the 12 Secretary of State shall issue the driver a permit to 13 operate a vehicle in connection with the driver's regular 14 occupation only. Unless the permit is issued by the 15 Secretary of State prior to the date of suspension, the 16 privilege to drive any motor vehicle shall be suspended 17 as set forth in the notice that was mailed under this 18 Section. If an affidavit is received subsequent to the 19 effective date of this suspension, a permit may be issued 20 for the remainder of the suspension period. 21 The provisions of this subparagraph shall not apply 22 to any driver required to obtain a commercial driver's 23 license under Section 6-507 during the period of a 24 disqualification of commercial driving privileges under 25 Section 6-514. 26 Any person who falsely states any fact in the 27 affidavit required herein shall be guilty of perjury 28 under Section 6-302 and upon conviction thereof shall 29 have all driving privileges revoked without further 30 rights. 31 3. At the conclusion of a hearing under Section 32 2-118 of this Code, the Secretary of State shall either 33 rescind or continue an order of revocation or shall 34 substitute an order of suspension; or, good cause HB1041 Engrossed -22- LRB9201961DHmg 1 appearing therefor, rescind, continue, change, or extend 2 the order of suspension. If the Secretary of State does 3 not rescind the order, the Secretary may upon 4 application, to relieve undue hardship, issue a 5 restricted driving permit granting the privilege of 6 driving a motor vehicle between the petitioner's 7 residence and petitioner's place of employment or within 8 the scope of his employment related duties, or to allow 9 transportation for the petitioner, or a household member 10 of the petitioner's family, to receive necessary medical 11 care and if the professional evaluation indicates, 12 provide transportation for alcohol remedial or 13 rehabilitative activity, or for the petitioner to attend 14 classes, as a student, in an accredited educational 15 institution; if the petitioner is able to demonstrate 16 that no alternative means of transportation is reasonably 17 available and the petitioner will not endanger the public 18 safety or welfare. In each case the Secretary may issue a 19 restricted driving permit for a period deemed 20 appropriate, except that all permits shall expire within 21 one year from the date of issuance. A restricted driving 22 permit issued under this Section shall be subject to 23 cancellation, revocation, and suspension by the Secretary 24 of State in like manner and for like cause as a driver's 25 license issued under this Code may be cancelled, revoked, 26 or suspended; except that a conviction upon one or more 27 offenses against laws or ordinances regulating the 28 movement of traffic shall be deemed sufficient cause for 29 the revocation, suspension, or cancellation of a 30 restricted driving permit. The Secretary of State may, as 31 a condition to the issuance of a restricted driving 32 permit, require the applicant to participate in a 33 designated driver remedial or rehabilitative program. The 34 Secretary of State is authorized to cancel a restricted HB1041 Engrossed -23- LRB9201961DHmg 1 driving permit if the permit holder does not successfully 2 complete the program. 3 (c-5) The Secretary of State may, as a condition of the 4 reissuance of a driver's license or permit to an applicant 5under the age of 18 yearswhose driver's license or permit 6 has been suspended before he or she reached the age of 18 7 years pursuant to any of the provisions of this Section, 8 require the applicant to participate in a driver remedial 9 education course and be retested under Section 6-109 of this 10 Code. 11 (d) This Section is subject to the provisions of the 12 Drivers License Compact. 13 (e) The Secretary of State shall not issue a restricted 14 driving permit to a person under the age of 16 years whose 15 driving privileges have been suspended or revoked under any 16 provisions of this Code. 17 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 18 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 19 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 20 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 21 Sec. 6-208. Period of Suspension - Application After 22 Revocation. 23 (a) Except as otherwise provided by this Code or any 24 other law of this State, the Secretary of State shall not 25 suspend a driver's license, permit or privilege to drive a 26 motor vehicle on the highways for a period of more than one 27 year. 28 (b) Any person whose license, permit or privilege to 29 drive a motor vehicle on the highways has been revoked shall 30 not be entitled to have such license, permit or privilege 31 renewed or restored. However, such person may, except as 32 provided under subsection (d) of Section 6-205, make 33 application for a license pursuant to Section 6-106 (i) if HB1041 Engrossed -24- LRB9201961DHmg 1 the revocation was for a cause which has been removed or (ii) 2 as provided in the following subparagraphs: 3 1. Except as provided in subparagraphs 2, 3, and 4, 4 the person may make application for a license after the 5 expiration of one year from the effective date of the 6 revocation or, in the case of a violation of paragraph 7 (b) of Section 11-401 of this Code or a similar provision 8 of a local ordinance, after the expiration of 3 years 9 from the effective date of the revocation or, in the case 10 of a violation of Section 9-3 of the Criminal Code of 11 1961 relating to the offense of reckless homicide, after 12 the expiration of 2 years from the effective date of the 13 revocation. 14 2. If such person is convicted of committing a 15 second violation within a 20 year period of: 16 (A) Section 11-501 of this Code, or a similar 17 provision of a local ordinance; or 18 (B) Paragraph (b) of Section 11-401 of this 19 Code, or a similar provision of a local ordinance; 20 or 21 (C) Section 9-3 of the Criminal Code of 1961, 22 as amended, relating to the offense of reckless 23 homicide; or 24 (D) any combination of the above offenses 25 committed at different instances; 26 then such person may not make application for a license 27 until after the expiration of 5 years from the effective 28 date of the most recent revocation. The 20 year period 29 shall be computed by using the dates the offenses were 30 committed and shall also include similar out-of-state 31 offenses. 32 3. However, except as provided in subparagraph 4, 33 if such person is convicted of committing a third, or 34 subsequent, violation or any combination of the above HB1041 Engrossed -25- LRB9201961DHmg 1 offenses, including similar out-of-state offenses, 2 contained in subparagraph 2, then such person may not 3 make application for a license until after the expiration 4 of 10 years from the effective date of the most recent 5 revocation. 6 4. The person may not make application for a 7 license if the person is convicted of committing a fourth 8 or subsequent violation of Section 11-501 of this Code or 9 a similar provision of a local ordinance,paragraph (b)10ofSection 11-401 of this Code, Section 9-3 of the 11 Criminal Code of 1961, or a combination of these offenses 12 or similar provisions of local ordinances or similar 13 out-of-state offensesif the original revocation or14suspension was for a violation of Section 11-501 or1511-501.1 of this Code or a similar provision of a local16ordinance. 17 Notwithstanding any other provision of this Code, all 18 persons referred to in this paragraph (b) may not have their 19 privileges restored until the Secretary receives payment of 20 the required reinstatement fee pursuant to subsection (b) of 21 Section 6-118. 22 In no event shall the Secretary issue such license unless 23 and until such person has had a hearing pursuant to this Code 24 and the appropriate administrative rules and the Secretary is 25 satisfied, after a review or investigation of such person, 26 that to grant the privilege of driving a motor vehicle on the 27 highways will not endanger the public safety or welfare. 28 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99; 29 91-357, eff. 7-29-99.) 30 Section 10. The Unified Code of Corrections is amended 31 by changing Section 5-6-3.1 as follows: 32 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) HB1041 Engrossed -26- LRB9201961DHmg 1 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 2 (a) When a defendant is placed on supervision, the court 3 shall enter an order for supervision specifying the period of 4 such supervision, and shall defer further proceedings in the 5 case until the conclusion of the period. 6 (b) The period of supervision shall be reasonable under 7 all of the circumstances of the case, but may not be longer 8 than 2 years, unless the defendant has failed to pay the 9 assessment required by Section 10.3 of the Cannabis Control 10 Act or Section 411.2 of the Illinois Controlled Substances 11 Act, in which case the court may extend supervision beyond 2 12 years. Additionally, the court shall order the defendant to 13 perform no less than 30 hours of community service and not 14 more than 120 hours of community service, if community 15 service is available in the jurisdiction and is funded and 16 approved by the county board where the offense was committed, 17 when the offense (1) was related to or in furtherance of the 18 criminal activities of an organized gang or was motivated by 19 the defendant's membership in or allegiance to an organized 20 gang; or (2) is a violation of any Section of Article 24 of 21 the Criminal Code of 1961 where a disposition of supervision 22 is not prohibited by Section 5-6-1 of this Code. The 23 community service shall include, but not be limited to, the 24 cleanup and repair of any damage caused by violation of 25 Section 21-1.3 of the Criminal Code of 1961 and similar 26 damages to property located within the municipality or county 27 in which the violation occurred. Where possible and 28 reasonable, the community service should be performed in the 29 offender's neighborhood. 30 For the purposes of this Section, "organized gang" has 31 the meaning ascribed to it in Section 10 of the Illinois 32 Streetgang Terrorism Omnibus Prevention Act. 33 (c) The court may in addition to other reasonable 34 conditions relating to the nature of the offense or the HB1041 Engrossed -27- LRB9201961DHmg 1 rehabilitation of the defendant as determined for each 2 defendant in the proper discretion of the court require that 3 the person: 4 (1) make a report to and appear in person before or 5 participate with the court or such courts, person, or 6 social service agency as directed by the court in the 7 order of supervision; 8 (2) pay a fine and costs; 9 (3) work or pursue a course of study or vocational 10 training; 11 (4) undergo medical, psychological or psychiatric 12 treatment; or treatment for drug addiction or alcoholism; 13 (5) attend or reside in a facility established for 14 the instruction or residence of defendants on probation; 15 (6) support his dependents; 16 (7) refrain from possessing a firearm or other 17 dangerous weapon; 18 (8) and in addition, if a minor: 19 (i) reside with his parents or in a foster 20 home; 21 (ii) attend school; 22 (iii) attend a non-residential program for 23 youth; 24 (iv) contribute to his own support at home or 25 in a foster home; and 26 (9) make restitution or reparation in an amount not 27 to exceed actual loss or damage to property and pecuniary 28 loss or make restitution under Section 5-5-6 to a 29 domestic violence shelter. The court shall determine the 30 amount and conditions of payment; 31 (10) perform some reasonable public or community 32 service; 33 (11) comply with the terms and conditions of an 34 order of protection issued by the court pursuant to the HB1041 Engrossed -28- LRB9201961DHmg 1 Illinois Domestic Violence Act of 1986 or an order of 2 protection issued by the court of another state, tribe, 3 or United States territory. If the court has ordered the 4 defendant to make a report and appear in person under 5 paragraph (1) of this subsection, a copy of the order of 6 protection shall be transmitted to the person or agency 7 so designated by the court; 8 (12) reimburse any "local anti-crime program" as 9 defined in Section 7 of the Anti-Crime Advisory Council 10 Act for any reasonable expenses incurred by the program 11 on the offender's case, not to exceed the maximum amount 12 of the fine authorized for the offense for which the 13 defendant was sentenced; 14 (13) contribute a reasonable sum of money, not to 15 exceed the maximum amount of the fine authorized for the 16 offense for which the defendant was sentenced, to a 17 "local anti-crime program", as defined in Section 7 of 18 the Anti-Crime Advisory Council Act; 19 (14) refrain from entering into a designated 20 geographic area except upon such terms as the court finds 21 appropriate. Such terms may include consideration of the 22 purpose of the entry, the time of day, other persons 23 accompanying the defendant, and advance approval by a 24 probation officer; 25 (15) refrain from having any contact, directly or 26 indirectly, with certain specified persons or particular 27 types of person, including but not limited to members of 28 street gangs and drug users or dealers; 29 (16) refrain from having in his or her body the 30 presence of any illicit drug prohibited by the Cannabis 31 Control Act or the Illinois Controlled Substances Act, 32 unless prescribed by a physician, and submit samples of 33 his or her blood or urine or both for tests to determine 34 the presence of any illicit drug; HB1041 Engrossed -29- LRB9201961DHmg 1 (17) refrain from operating any motor vehicle not 2 equipped with an ignition interlock device as defined in 3 Section 1-129.1 of the Illinois Vehicle Code. Under this 4 condition the court may allow a defendant who is not 5 self-employed to operate a vehicle owned by the 6 defendant's employer that is not equipped with an 7 ignition interlock device in the course and scope of the 8 defendant's employment. 9 (d) The court shall defer entering any judgment on the 10 charges until the conclusion of the supervision. 11 (e) At the conclusion of the period of supervision, if 12 the court determines that the defendant has successfully 13 complied with all of the conditions of supervision, the court 14 shall discharge the defendant and enter a judgment dismissing 15 the charges. 16 (f) Discharge and dismissal upon a successful conclusion 17 of a disposition of supervision shall be deemed without 18 adjudication of guilt and shall not be termed a conviction 19 for purposes of disqualification or disabilities imposed by 20 law upon conviction of a crime. Two years after the 21 discharge and dismissal under this Section, unless the 22 disposition of supervision was for a violation of Sections 23 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 24 Vehicle Code or a similar provision of a local ordinance, or 25 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 26 Code of 1961, in which case it shall be 5 years after 27 discharge and dismissal, a person may have his record of 28 arrest sealed or expunged as may be provided by law. 29 However, any defendant placed on supervision before January 30 1, 1980, may move for sealing or expungement of his arrest 31 record, as provided by law, at any time after discharge and 32 dismissal under this Section. A person placed on supervision 33 for a sexual offense committed against a minor as defined in 34 subsection (g) of Section 5 of the Criminal Identification HB1041 Engrossed -30- LRB9201961DHmg 1 Act or for a violation of Section 11-501 of the Illinois 2 Vehicle Code or a similar provision of a local ordinance 3 shall not have his or her record of arrest sealed or 4 expunged. 5 (g) A defendant placed on supervision and who during the 6 period of supervision undergoes mandatory drug or alcohol 7 testing, or both, or is assigned to be placed on an approved 8 electronic monitoring device, shall be ordered to pay the 9 costs incidental to such mandatory drug or alcohol testing, 10 or both, and costs incidental to such approved electronic 11 monitoring in accordance with the defendant's ability to pay 12 those costs. The county board with the concurrence of the 13 Chief Judge of the judicial circuit in which the county is 14 located shall establish reasonable fees for the cost of 15 maintenance, testing, and incidental expenses related to the 16 mandatory drug or alcohol testing, or both, and all costs 17 incidental to approved electronic monitoring, of all 18 defendants placed on supervision. The concurrence of the 19 Chief Judge shall be in the form of an administrative order. 20 The fees shall be collected by the clerk of the circuit 21 court. The clerk of the circuit court shall pay all moneys 22 collected from these fees to the county treasurer who shall 23 use the moneys collected to defray the costs of drug testing, 24 alcohol testing, and electronic monitoring. The county 25 treasurer shall deposit the fees collected in the county 26 working cash fund under Section 6-27001 or Section 6-29002 of 27 the Counties Code, as the case may be. 28 (h) A disposition of supervision is a final order for 29 the purposes of appeal. 30 (i) The court shall impose upon a defendant placed on 31 supervision after January 1, 1992, as a condition of 32 supervision, a fee of $25 for each month of supervision 33 ordered by the court, unless after determining the inability 34 of the person placed on supervision to pay the fee, the court HB1041 Engrossed -31- LRB9201961DHmg 1 assesses a lesser fee. The court may not impose the fee on a 2 minor who is made a ward of the State under the Juvenile 3 Court Act of 1987 while the minor is in placement. The fee 4 shall be imposed only upon a defendant who is actively 5 supervised by the probation and court services department. 6 The fee shall be collected by the clerk of the circuit court. 7 The clerk of the circuit court shall pay all monies collected 8 from this fee to the county treasurer for deposit in the 9 probation and court services fund pursuant to Section 15.1 of 10 the Probation and Probation Officers Act. 11 (j) All fines and costs imposed under this Section for 12 any violation of Chapters 3, 4, 6, and 11 of the Illinois 13 Vehicle Code, or a similar provision of a local ordinance, 14 and any violation of the Child Passenger Protection Act, or a 15 similar provision of a local ordinance, shall be collected 16 and disbursed by the circuit clerk as provided under Section 17 27.5 of the Clerks of Courts Act. 18 (k) A defendant at least 17 years of age who is placed 19 on supervision for a misdemeanor in a county of 3,000,000 or 20 more inhabitants and who has not been previously convicted of 21 a misdemeanor or felony may as a condition of his or her 22 supervision be required by the court to attend educational 23 courses designed to prepare the defendant for a high school 24 diploma and to work toward a high school diploma or to work 25 toward passing the high school level Test of General 26 Educational Development (GED) or to work toward completing a 27 vocational training program approved by the court. The 28 defendant placed on supervision must attend a public 29 institution of education to obtain the educational or 30 vocational training required by this subsection (k). The 31 defendant placed on supervision shall be required to pay for 32 the cost of the educational courses or GED test, if a fee is 33 charged for those courses or test. The court shall revoke 34 the supervision of a person who wilfully fails to comply with HB1041 Engrossed -32- LRB9201961DHmg 1 this subsection (k). The court shall resentence the 2 defendant upon revocation of supervision as provided in 3 Section 5-6-4. This subsection (k) does not apply to a 4 defendant who has a high school diploma or has successfully 5 passed the GED test. This subsection (k) does not apply to a 6 defendant who is determined by the court to be 7 developmentally disabled or otherwise mentally incapable of 8 completing the educational or vocational program. 9 (l) The court shall require a defendant placed on 10 supervision for possession of a substance prohibited by the 11 Cannabis Control Act or Illinois Controlled Substances Act 12 after a previous conviction or disposition of supervision for 13 possession of a substance prohibited by the Cannabis Control 14 Act or Illinois Controlled Substances Act or a sentence of 15 probation under Section 10 of the Cannabis Control Act or 16 Section 410 of the Illinois Controlled Substances Act and 17 after a finding by the court that the person is addicted, to 18 undergo treatment at a substance abuse program approved by 19 the court. 20 (m) The Secretary of Statecourtshall require anyonea21defendantplaced on court supervision for a violation of 22 Section 3-707 of the Illinois Vehicle Code or a similar 23 provision of a local ordinance, as a condition of24supervision,to give proof of his or her financial 25 responsibility as defined in Section 7-315 of the Illinois 26 Vehicle Code. The proof shall be maintained by the 27 individualdefendantin a manner satisfactory to the 28 Secretary of State for a minimum period of one year after the 29 date the proof is first filed. The proof shall be limited to 30 a single action per arrest and may not be affected by any 31 post-sentence disposition. The Secretary of State shall 32 suspend the driver's license of any person determined by the 33 Secretary to be in violation of this subsection. 34 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; HB1041 Engrossed -33- LRB9201961DHmg 1 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 2 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, 3 eff. 1-1-01.) 4 (625 ILCS 5/6-205.1 rep.) 5 Section 15. The Illinois Vehicle Code is amended by 6 repealing Section 6-205.1. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.