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Public Act 92-0418
HB2265 Enrolled LRB9206515ARsb
AN ACT concerning vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.545 as follows:
(30 ILCS 105/5.545 new)
Sec. 5.545. The Secretary of State DUI Administration
Fund.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-118, 3-402, 6-205, 6-206, 6-206.2, 6-208,
and 11-501 as follows:
(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of the
issuance of a license, permit, registration or certificate of
title under this Code of any person the Secretary of State
shall immediately notify such person in writing and upon his
written request shall, within 20 days after receipt thereof,
set a date for a hearing to commence within 90 calendar days
from the date of the written request for all requests related
to a suspension, revocation, or the denial of the issuance of
a license, permit, registration, or certificate of title
occurring after July 1, 2002 and afford him an opportunity
for a hearing as early as practical, in the County of
Sangamon, the County of Jefferson, or the County of Cook, as
such person may specify, unless both parties agree that such
hearing may be held in some other county. The Secretary may
require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing
conducted pursuant to this Section. These fees must be
deposited into the Secretary of State DUI Administration
Fund, a special fund created in the State treasury, and,
subject to appropriation and as directed by the Secretary of
State, shall be used for operation of the Department of
Administrative Hearings of the Office of the Secretary of
State and for no other purpose. The Secretary shall establish
by rule the amount and the procedures, terms, and conditions
relating to these fees.
(b) At any time after the suspension, revocation or
denial of a license, permit, registration or certificate of
title of any person as hereinbefore referred to, the
Secretary of State, in his or her discretion and without the
necessity of a request by such person, may hold such a
hearing, upon not less than 10 days' notice in writing, in
the Counties of Sangamon, Jefferson, or Cook or in any other
county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or
his authorized agent may administer oaths and issue subpoenas
for the attendance of witnesses and the production of
relevant books and records and may require an examination of
such person. Upon any such hearing, the Secretary of State
shall either rescind or, good cause appearing therefor,
continue, change or extend the Order of Revocation or
Suspension, or upon petition therefore and subject to the
provisions of this Code, issue a restricted driving permit or
reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply
with requirements of the Constitution, so that no person is
deprived of due process of law nor denied equal protection of
the laws. All hearings shall be held before the Secretary of
State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings
shall be kept. Where a transcript of the hearing is taken,
the person requesting the hearing shall have the opportunity
to order a copy thereof at his own expense. The Secretary of
State shall enter an order upon any hearing conducted under
this Section, related to a suspension, revocation, or the
denial of the issuance of a license, permit, registration, or
certificate of title occurring after July 1, 2002, within 90
days of its conclusion and shall immediately notify the
person in writing of his or her action.
(e) The action of the Secretary of State in suspending,
revoking or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in
the Circuit Court of Sangamon County, in the Circuit Court of
Jefferson County, or in the Circuit Court of Cook County, and
the provisions of the Administrative Review Law, and all
amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and
govern every action for the judicial review of final acts or
decisions of the Secretary of State hereunder.
(Source: P.A. 91-823, eff. 1-1-01.)
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration;
exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer,
semitrailer and pole trailer when driven or moved upon a
highway shall be subject to the registration and certificate
of title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway
in conformance with the provisions of this Chapter
relating to manufacturers, transporters, dealers,
lienholders or nonresidents or under a temporary
registration permit issued by the Secretary of State;
(2) Any implement of husbandry whether of a type
otherwise subject to registration hereunder or not which
is only incidentally operated or moved upon a highway,
which shall include a not-for-hire movement for the
purpose of delivering farm commodities to a place of
first processing or sale, or to a place of storage;
(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by
electric power obtained from overhead trolley wires
though not operated upon rails;
(5) Any vehicle which is equipped and used
exclusively as a pumper, ladder truck, rescue vehicle,
searchlight truck, or other fire apparatus, but not a
vehicle of a type which would otherwise be subject to
registration as a vehicle of the first division;
(6) Any vehicle which is owned and operated by the
federal government and externally displays evidence of
federal ownership. It is the policy of the State of
Illinois to promote and encourage the fullest use of its
highways and to enhance the flow of commerce thus
contributing to the economic, agricultural, industrial
and social growth and development of this State, by
authorizing the Secretary of State to negotiate and enter
into reciprocal or proportional agreements or
arrangements with other States, or to issue declarations
setting forth reciprocal exemptions, benefits and
privileges with respect to vehicles operated interstate
which are properly registered in this and other States,
assuring nevertheless proper registration of vehicles in
Illinois as may be required by this Code;
(7) Any converter dolly or tow dolly which merely
serves as substitute wheels for another legally licensed
vehicle. A title may be issued on a voluntary basis to a
tow dolly upon receipt of the manufacturer's certificate
of origin or the bill of sale;
(8) Any house trailer found to be an abandoned
mobile home under the Abandoned Mobile Home Act;
(9) Any vehicle that is not properly registered or
does not have registration plates issued to the owner or
operator affixed thereto, or that does have registration
plates issued to the owner or operator affixed thereto
but the plates are not appropriate for the weight of the
vehicle, provided that this exemption shall apply only
while the vehicle is being transported or operated by a
towing service and has a third tow plate affixed to it.
B. Reciprocity. Any motor vehicle, trailer, semitrailer
or pole trailer need not be registered under this Code
provided the same is operated interstate and in accordance
with the following provisions and any rules and regulations
promulgated pursuant thereto:
(1) A nonresident owner, except as otherwise
provided in this Section, owning any foreign registered
vehicle of a type otherwise subject to registration
hereunder, may operate or permit the operation of such
vehicle within this State in interstate commerce without
registering such vehicle in, or paying any fees to, this
State subject to the condition that such vehicle at all
times when operated in this State is operated pursuant to
a reciprocity agreement, arrangement or declaration by
this State, and further subject to the condition that
such vehicle at all times when operated in this State is
duly registered in, and displays upon it, a valid
registration card and registration plate or plates issued
for such vehicle in the place of residence of such owner
and is issued and maintains in such vehicle a valid
Illinois reciprocity permit as required by the Secretary
of State, and provided like privileges are afforded to
residents of this State by the State of residence of such
owner.
Every nonresident including any foreign corporation
carrying on business within this State and owning and
regularly operating in such business any motor vehicle,
trailer or semitrailer within this State in intrastate
commerce, shall be required to register each such vehicle
and pay the same fees therefor as is required with
reference to like vehicles owned by residents of this
State.
(2) Any motor vehicle, trailer, semitrailer and
pole trailer operated interstate need not be registered
in this State, provided:
(a) same is properly registered in another
State pursuant to law or to a reciprocity agreement,
arrangement or declaration; or
(b) that such vehicle is part of a fleet of
vehicles owned or operated by the same person who
registers such fleet of vehicles pro rata among the
various States in which such fleet operates; or
(c) that such vehicle is part of a fleet of
vehicles, a portion of which are registered with the
Secretary of State of Illinois in accordance with an
agreement or arrangement concurred in by the
Secretary of State of Illinois based on one or more
of the following factors: ratio of miles in Illinois
as against total miles in all jurisdictions; situs
or base of a vehicle, or where it is principally
garaged, or from whence it is principally dispatched
or where the movements of such vehicle usually
originate; situs of the residence of the owner or
operator thereof, or of his principal office or
offices, or of his places of business; the routes
traversed and whether regular or irregular routes
are traversed, and the jurisdictions traversed and
served; and such other factors as may be deemed
material by the Secretary and the motor vehicle
administrators of the other jurisdictions involved
in such apportionment; and
(d) that such vehicles shall maintain therein
any reciprocity permit which may be required by the
Secretary of State pursuant to rules and regulations
which the Secretary of State may promulgate in the
administration of this Code, in the public interest.
(3) (a) In order to effectuate the purposes of this
Code, the Secretary of State of Illinois is
empowered to negotiate and execute written
reciprocal agreements or arrangements with the duly
authorized representatives of other jurisdictions,
including States, districts, territories and
possessions of the United States, and foreign
states, provinces, or countries, granting to owners
or operators of vehicles duly registered or licensed
in such other jurisdictions and for which evidence
of compliance is supplied, benefits, privileges and
exemption from the payment, wholly or partially, of
any taxes, fees or other charges imposed with
respect to the ownership or operation of such
vehicles by the laws of this State except the tax
imposed by the Motor Fuel Tax Law, approved March
25, 1929, as amended, and the tax imposed by the Use
Tax Act, approved July 14, 1955, as amended.
The Secretary of State may negotiate agreements
or arrangements as are in the best interests of this
State and the residents of this State pursuant to
the policies expressed in this Section taking into
consideration the reciprocal exemptions, benefits
and privileges available and accruing to residents
of this State and vehicles registered in this State.
(b) Such reciprocal agreements or arrangements
shall provide that vehicles duly registered or
licensed in this State when operated upon the
highways of such other jurisdictions, shall receive
exemptions, benefits and privileges of a similar
kind or to a similar degree as extended to vehicles
from such jurisdictions in this State.
(c) Such agreements or arrangements may also
authorize the apportionment of registration or
licensing of fleets of vehicles operated interstate,
based on any or all of the following factors: ratio
of miles in Illinois as against total miles in all
jurisdictions; situs or base of a vehicle, or where
it is principally garaged or from whence it is
principally dispatched or where the movements of
such vehicle usually originate; situs of the
residence of the owner or operator thereof, or of
his principal office or offices, or of his places of
business; the routes traversed and whether regular
or irregular routes are traversed, and the
jurisdictions traversed and served; and such other
factors as may be deemed material by the Secretary
and the motor vehicle administrators of the other
jurisdictions involved in such apportionment, and
such vehicles shall likewise be entitled to
reciprocal exemptions, benefits and privileges.
(d) Such agreements or arrangements shall also
provide that vehicles being operated in intrastate
commerce in Illinois shall comply with the
registration and licensing laws of this State,
except that vehicles which are part of an
apportioned fleet may conduct an intrastate
operation incidental to their interstate operations.
Any motor vehicle properly registered and qualified
under any reciprocal agreement or arrangement under
this Code and not having a situs or base within
Illinois may complete the inbound movement of a
trailer or semitrailer to an Illinois destination
that was brought into Illinois by a motor vehicle
also properly registered and qualified under this
Code and not having a situs or base within Illinois,
or may complete an outbound movement of a trailer or
semitrailer to an out-of-state destination that was
originated in Illinois by a motor vehicle also
properly registered and qualified under this Code
and not having a situs or base in Illinois, only if
the operator thereof did not break bulk of the cargo
laden in such inbound or outbound trailer or
semitrailer. Adding or unloading intrastate cargo on
such inbound or outbound trailer or semitrailer
shall be deemed as breaking bulk.
(e) Such agreements or arrangements may also
provide for the determination of the proper State in
which leased vehicles shall be registered based on
the factors set out in subsection (c) above and for
apportionment of registration of fleets of leased
vehicles by the lessee or by the lessor who leases
such vehicles to persons who are not fleet
operators.
(f) Such agreements or arrangements may also
include reciprocal exemptions, benefits or
privileges accruing under The Illinois Driver
Licensing Law or The Driver License Compact.
(4) The Secretary of State is further authorized to
examine the laws and requirements of other jurisdictions,
and, in the absence of a written agreement or
arrangement, to issue a written declaration of the extent
and nature of the exemptions, benefits and privileges
accorded to vehicles of this State by such other
jurisdictions, and the extent and nature of reciprocal
exemptions, benefits and privileges thereby accorded by
this State to the vehicles of such other jurisdictions.
A declaration by the Secretary of State may include any,
part or all reciprocal exemptions, benefits and
privileges or provisions as may be included within an
agreement or arrangement.
(5) All agreements, arrangements, declarations and
amendments thereto, shall be in writing and become
effective when signed by the Secretary of State, and
copies of all such documents shall be available to the
public upon request.
(6) The Secretary of State is further authorized to
require the display by foreign registered trucks,
truck-tractors and buses, entitled to reciprocal
benefits, exemptions or privileges hereunder, a
reciprocity permit for external display before any such
reciprocal benefits, exemptions or privileges are
granted. The Secretary of State shall provide suitable
application forms for such permit and shall promulgate
and publish reasonable rules and regulations for the
administration and enforcement of the provisions of this
Code including a provision for revocation of such permit
as to any vehicle operated wilfully in violation of the
terms of any reciprocal agreement, arrangement or
declaration or in violation of the Illinois Motor Carrier
of Property Law, as amended.
(7) (a) Upon the suspension, revocation or denial
of one or more of all reciprocal benefits,
privileges and exemptions existing pursuant to the
terms and provisions of this Code or by virtue of a
reciprocal agreement or arrangement or declaration
thereunder; or, upon the suspension, revocation or
denial of a reciprocity permit; or, upon any action
or inaction of the Secretary in the administration
and enforcement of the provisions of this Code, any
person, resident or nonresident, so aggrieved, may
serve upon the Secretary, a petition in writing and
under oath, setting forth the grievance of the
petitioner, the grounds and basis for the relief
sought, and all necessary facts and particulars, and
request an administrative hearing thereon. Within
20 days, the Secretary shall set a hearing date as
early as practical. The Secretary may, in his
discretion, supply forms for such a petition. The
Secretary may require the payment of a fee of not
more than $50 for the filing of any petition,
motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the
Secretary of State DUI Administration Fund, a
special fund that is hereby created in the State
treasury, and, subject to appropriation and as
directed by the Secretary of State, shall be used to
fund the operation of the hearings department of the
Office of the Secretary of State and for no other
purpose. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions
relating to these fees.
(b) The Secretary may likewise, in his
discretion and upon his own petition, order a
hearing, when in his best judgment, any person is
not entitled to the reciprocal benefits, privileges
and exemptions existing pursuant to the terms and
provisions of this Code or under a reciprocal
agreement or arrangement or declaration thereunder
or that a vehicle owned or operated by such person
is improperly registered or licensed, or that an
Illinois resident has improperly registered or
licensed a vehicle in another jurisdiction for the
purposes of violating or avoiding the registration
laws of this State.
(c) The Secretary shall notify a petitioner or
any other person involved of such a hearing, by
giving at least 10 days notice, in writing, by U.S.
Mail, Registered or Certified, or by personal
service, at the last known address of such
petitioner or person, specifying the time and place
of such hearing. Such hearing shall be held before
the Secretary, or any person as he may designate,
and unless the parties mutually agree to some other
county in Illinois, the hearing shall be held in the
County of Sangamon or the County of Cook.
Appropriate records of the hearing shall be kept,
and the Secretary shall issue or cause to be issued,
his decision on the case, within 30 days after the
close of such hearing or within 30 days after
receipt of the transcript thereof, and a copy shall
likewise be served or mailed to the petitioner or
person involved.
(d) The actions or inactions or
determinations, or findings and decisions upon an
administrative hearing, of the Secretary, shall be
subject to judicial review in the Circuit Court of
the County of Sangamon or the County of Cook, and
the provisions of the Administrative Review Law, and
all amendments and modifications thereof and rules
adopted pursuant thereto, apply to and govern all
such reviewable matters.
Any reciprocal agreements or arrangements
entered into by the Secretary of State or any
declarations issued by the Secretary of State
pursuant to any law in effect prior to the effective
date of this Code are not hereby abrogated, and such
shall continue in force and effect until amended
pursuant to the provisions of this Code or expire
pursuant to the terms or provisions thereof.
(Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the Restricted Driving Permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction
for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating to the offense of
operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar
out-of-state offense, or any combination thereof, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of
this Section, no restricted driving permit shall be issued
until the individual has served 6 months of the revocation
period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the Restricted Driving Permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. Any person under 21 years of age
who has a driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
The revocation periods contained in this subparagraph shall
apply to similar out-of-state convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for use of
the interlock system.
(Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
7-29-99.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in
an alcohol concentration of 0.08 or more or any amount of
a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act or a controlled substance as listed
in the Illinois Controlled Substances Act in which case
the penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5
of this Code;
35. Has committed a violation of Section 11-1301.6
of this Code; or
36. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2
offenses against traffic regulations governing the
movement of vehicles committed within any 24 month
period. No revocation or suspension shall be entered
more than 6 months after the date of last conviction.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to
a single conviction of violating Section 11-501 of this
Code or a similar provision of a local ordinance or a
similar out-of-state offense, and a statutory summary
suspension under Section 11-501.1, or 2 or more statutory
summary suspensions, or combination of 2 offenses, or of
an offense and a statutory summary suspension, arising
out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1. The person must pay
to the Secretary of State DUI Administration Fund an
amount not to exceed $20 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees. If the Restricted
Driving Permit was issued for employment purposes, then
this provision does not apply to the operation of an
occupational vehicle owned or leased by that person's
employer. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any
person whose current revocation is the result of a second
or subsequent conviction for a violation of Section
11-501 of this Code or a similar provision of a local
ordinance relating to the offense of operating or being
in physical control of a motor vehicle while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out-of-state
offense, or any combination of those offenses, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this
Code may be cancelled, revoked, or suspended; except that
a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of
a restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
under the age of 18 years whose driver's license or permit
has been suspended pursuant to any of the provisions of this
Section, require the applicant to participate in a driver
remedial education course and be retested under Section 6-109
of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
(625 ILCS 5/6-206.2)
Sec. 6-206.2. Violations relating to an ignition
interlock device.
(a) It is unlawful for any person whose driving
privilege is restricted by being prohibited from operating a
motor vehicle not equipped with an ignition interlock device
to request or solicit any other person to blow into an
ignition interlock device or to start a motor vehicle
equipped with the device for the purpose of providing the
person so restricted with an operable motor vehicle.
(b) It is unlawful to blow into an ignition interlock
device or to start a motor vehicle equipped with the device
for the purpose of providing an operable motor vehicle to a
person whose driving privilege is restricted by being
prohibited from operating a motor vehicle not equipped with
an ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the
operation of, an ignition interlock device.
(d) Except as provided in subsection (c)(17) of Section
5-6-3.1 of the Unified Code of Corrections or by rule, no
person shall knowingly rent, lease, or lend a motor vehicle
to a person known to have his or her driving privilege
restricted by being prohibited from operating a vehicle not
equipped with an ignition interlock device, unless the
vehicle is equipped with a functioning ignition interlock
device. Any person whose driving privilege is so restricted
shall notify any person intending to rent, lease, or loan a
motor vehicle to the restricted person of the driving
restriction imposed upon him or her.
A person convicted of a violation of this subsection
shall be punished by imprisonment for not more than 6 months
or by a fine of not more than $5,000, or both.
(e) If a person prohibited under paragraph (2) or
paragraph (3) of subsection (c-4) of Section 11-501 from
driving any vehicle not equipped with an ignition interlock
device nevertheless is convicted of driving a vehicle that is
not equipped with the device, that person is prohibited from
driving any vehicle not equipped with an ignition interlock
device for an additional period of time equal to the initial
time period that the person was required to use an ignition
interlock device.
(Source: P.A. 91-127, eff. 1-1-00.)
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any
other law of this State, the Secretary of State shall not
suspend a driver's license, permit or privilege to drive a
motor vehicle on the highways for a period of more than one
year.
(b) Any person whose license, permit or privilege to
drive a motor vehicle on the highways has been revoked shall
not be entitled to have such license, permit or privilege
renewed or restored. However, such person may, except as
provided under subsection (d) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4,
the person may make application for a license after the
expiration of one year from the effective date of the
revocation or, in the case of a violation of paragraph
(b) of Section 11-401 of this Code or a similar provision
of a local ordinance, after the expiration of 3 years
from the effective date of the revocation or, in the case
of a violation of Section 9-3 of the Criminal Code of
1961 relating to the offense of reckless homicide, after
the expiration of 2 years from the effective date of the
revocation.
2. If such person is convicted of committing a
second violation within a 20 year period of:
(A) Section 11-501 of this Code, or a similar
provision of a local ordinance; or
(B) Paragraph (b) of Section 11-401 of this
Code, or a similar provision of a local ordinance;
or
(C) Section 9-3 of the Criminal Code of 1961,
as amended, relating to the offense of reckless
homicide; or
(D) any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20 year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses.
3. However, except as provided in subparagraph 4,
if such person is convicted of committing a third, or
subsequent, violation or any combination of the above
offenses, including similar out-of-state offenses,
contained in subparagraph 2, then such person may not
make application for a license until after the expiration
of 10 years from the effective date of the most recent
revocation.
4. The person may not make application for a
license if the person is convicted of committing a fourth
or subsequent violation of Section 11-501 of this Code or
a similar provision of a local ordinance, paragraph (b)
of Section 11-401 of this Code, Section 9-3 of the
Criminal Code of 1961, or a combination of these offenses
or similar provisions of local ordinances or similar
out-of-state offenses if the original revocation or
suspension was for a violation of Section 11-501 or
11-501.1 of this Code or a similar provision of a local
ordinance.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(c) If a person prohibited under paragraph (2) or
paragraph (3) of subsection (c-4) of Section 11-501 from
driving any vehicle not equipped with an ignition interlock
device nevertheless is convicted of driving a vehicle that is
not equipped with the device, that person is prohibited from
driving any vehicle not equipped with an ignition interlock
device for an additional period of time equal to the initial
time period that the person was required to use an ignition
interlock device.
(Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99;
91-357, eff. 7-29-99.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3), (c-4),
and (d) of this Section, every person convicted of violating
this Section or a similar provision of a local ordinance,
shall be guilty of a Class A misdemeanor and, in addition to
any other criminal or administrative action, for any second
conviction of violating this Section or a similar provision
of a law of another state or local ordinance committed within
5 years of a previous violation of this Section or a similar
provision of a local ordinance shall be mandatorily sentenced
to a minimum of 48 consecutive hours of imprisonment or
assigned to a minimum of 100 hours of community service as
may be determined by the court. Every person convicted of
violating this Section or a similar provision of a local
ordinance shall be subject to a mandatory minimum fine of
$500 and a mandatory 5 days of community service in a program
benefiting children if the person committed a violation of
paragraph (a) or a similar provision of a local ordinance
while transporting a person under age 16. Every person
convicted a second time for violating this Section or a
similar provision of a local ordinance within 5 years of a
previous violation of this Section or a similar provision of
a law of another state or local ordinance shall be subject to
a mandatory minimum fine of $500 and 10 days of mandatory
community service in a program benefiting children if the
current offense was committed while transporting a person
under age 16. The imprisonment or assignment under this
subsection shall not be subject to suspension nor shall the
person be eligible for probation in order to reduce the
sentence or assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a
child under age 16 in the vehicle at the time of the
offense shall have his or her punishment under this Act
enhanced by 2 days of imprisonment for a first offense,
10 days of imprisonment for a second offense, 30 days of
imprisonment for a third offense, and 90 days of
imprisonment for a fourth or subsequent offense, in
addition to the fine and community service required under
subsection (c) and the possible imprisonment required
under subsection (d). The imprisonment or assignment
under this subsection shall not be subject to suspension
nor shall the person be eligible for probation in order
to reduce the sentence or assignment.
(c-4) When a person is convicted of violating Section
11-501 of this Code or a similar provision of a local
ordinance, the following penalties apply when his or her
blood, breath, or urine was .16 or more based on the
definition of blood, breath, or urine units in Section
11-501.2 or when that person is convicted of violating this
Section while transporting a child under the age of 16:
(1) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a first
time, in addition to any other penalty that may be
imposed under subsection (c), is subject to a mandatory
minimum of 100 hours of community service and a minimum
fine of $500.
(2) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a second
time within 10 years, in addition to any other penalty
that may be imposed under subsection (c), is subject to a
mandatory minimum of 2 days of imprisonment and a minimum
fine of $1,250.
(3) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a third
time within 20 years is guilty of a Class 4 felony and,
in addition to any other penalty that may be imposed
under subsection (c), is subject to a mandatory minimum
of 90 days of imprisonment and a minimum fine of $2,500.
(4) A person who is convicted of violating this
subsection (c-4) a fourth or subsequent time is guilty of
a Class 2 felony and, in addition to any other penalty
that may be imposed under subsection (c), is not eligible
for a sentence of probation or conditional discharge and
is subject to a minimum fine of $2,500.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another
state or a local ordinance when the cause of action
is the same as or substantially similar to this
Section, for the third or subsequent time;
(B) the person committed a violation of
paragraph (a) while driving a school bus with
children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle
accident that resulted in great bodily harm or
permanent disability or disfigurement to another,
when the violation was a proximate cause of the
injuries; or
(D) the person committed a violation of
paragraph (a) for a second time and has been
previously convicted of violating Section 9-3 of the
Criminal Code of 1961 relating to reckless homicide
in which the person was determined to have been
under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds as an element
of the offense or the person has previously been
convicted under subparagraph (C) of this paragraph
(1).
(2) Aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is a Class 4 felony
for which a person, if sentenced to a term of
imprisonment, shall be sentenced to not less than one
year and not more than 3 years for a violation of
subparagraph (A), (B) or (D) of paragraph (1) of this
subsection (d) and not less than one year and not more
than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the
driving abstract of the defendant shall be admitted as
proof of any prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for use of the interlock system.
(j) In addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. In the
event that more than one agency is responsible for the
arrest, the $100 shall be shared equally. Any moneys
received by a law enforcement agency under this subsection
(j) shall be used to purchase law enforcement equipment that
will assist in the prevention of alcohol related criminal
violence throughout the State. This shall include, but is
not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers. Any moneys
received by the Department of State Police under this
subsection (j) shall be deposited into the State Police DUI
Fund and shall be used to purchase law enforcement equipment
that will assist in the prevention of alcohol related
criminal violence throughout the State.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)
Section 15. The Unified Code of Corrections is amended
by changing Sections 5-5-3 and 5-6-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
48 consecutive hours or 100 hours of community service as
may be determined by the court shall be imposed for a
second or subsequent violation committed within 5 years
of a previous violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than
7 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) When a person is convicted of violating
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the following penalties
apply when his or her blood, breath, or urine was .16 or
more based on the definition of blood, breath, or urine
units in Section 11-501.2 or that person is convicted of
violating Section 11-501 of the Illinois Vehicle Code
while transporting a child under the age of 16:
(A) For a first violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501: a mandatory minimum of 100 hours of
community service and a minimum fine of $500.
(B) For a second violation of subsection (a)
of Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 10 years: a mandatory minimum of 2
days of imprisonment and a minimum fine of $1,250.
(C) For a third violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 20 years: a mandatory minimum of 90
days of imprisonment and a minimum fine of $2,500.
(D) For a fourth or subsequent violation of
subsection (a) of Section 11-501: ineligibility for
a sentence of probation or conditional discharge and
a minimum fine of $2,500.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
12-22-99; 91-695, eff. 4-13-00.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program; and
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended, or an order of protection issued by
the court of another state, tribe, or United States
territory. A copy of the order of protection shall be
transmitted to the probation officer or agency having
responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) The court shall not require as a condition of the
sentence of probation or conditional discharge that the
offender be committed to a period of imprisonment in excess
of 6 months. This 6 month limit shall not include periods of
confinement given pursuant to a sentence of county impact
incarceration under Section 5-8-1.2. This 6 month limit does
not apply to a person sentenced to probation as a result of a
conviction of a fourth or subsequent violation of subsection
(c-4) of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 25, 2001.
Approved August 17, 2001.
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