093_HB0719sam001 LRB093 05822 LCB 17038 a 1 AMENDMENT TO HOUSE BILL 719 2 AMENDMENT NO. . Amend House Bill 719 by replacing 3 the title with "AN ACT concerning the Secretary of State."; 4 and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Illinois Identification Card Act is 8 amended by changing Section 14 as follows: 9 (15 ILCS 335/14) (from Ch. 124, par. 34) 10 Sec. 14. Unlawful use of identification card. 11 (a) It is a violation of this Section for any person: 12 1. To possess, display, or cause to be displayed 13 any cancelled or revoked identification card; 14 2. To display or represent as the person's own any 15 identification card issued to another; 16 3. To allow any unlawful use of an identification 17 card issued to the person; 18 4. To lend an identification card to another or 19 knowingly allow the use thereof by another; 20 5. To fail or refuse to surrender to the Secretary 21 of State, the Secretary's agent or any peace officer upon -2- LRB093 05822 LCB 17038 a 1 lawful demand, any identification card which has been 2 revoked or cancelled; 3 6. To possess, use, or allow to be used any 4 materials, hardware, or software specifically designed 5 for or primarily used in the manufacture, assembly, 6 issuance, or authentication of an official Illinois 7 Identification Card or Illinois Disabled Person 8 Identification Card issued by the Secretary of State. 9 (a-5) As used in this Section "identification card" 10 means any document made or issued by or under the authority 11 of the United States Government, the State of Illinois or any 12 other State or political subdivision thereof, or any 13 governmental or quasi-governmental organization that, when 14 completed with information concerning the individual, is of a 15 type intended or commonly accepted for the purpose of 16 identifying the individual. 17 (b) Sentence. 18 1. Any person convicted of a violation of this 19 Section shall be guilty of a Class A misdemeanor and 20 shall be sentenced to a minimum fine of $500 or 50 hours 21 of community service, preferably at an alcohol abuse 22 prevention program, if available. 23 2. A person convicted of a second or subsequent 24 violation of this Section shall be guilty of a Class 4 25 felony. 26 (c) This Section does not prohibit any lawfully 27 authorized investigative, protective, law enforcement or 28 other activity of any agency of the United States, State of 29 Illinois or any other state or political subdivision thereof. 30 (Source: P.A. 88-210; 89-283, eff. 1-1-96.) 31 Section 10. The Illinois Vehicle Code is amended by 32 changing Sections 6-206, 6-301.2, and 6-521 as follows: -3- LRB093 05822 LCB 17038 a 1 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 2 Sec. 6-206. Discretionary authority to suspend or revoke 3 license or permit; Right to a hearing. 4 (a) The Secretary of State is authorized to suspend or 5 revoke the driving privileges of any person without 6 preliminary hearing upon a showing of the person's records or 7 other sufficient evidence that the person: 8 1. Has committed an offense for which mandatory 9 revocation of a driver's license or permit is required 10 upon conviction; 11 2. Has been convicted of not less than 3 offenses 12 against traffic regulations governing the movement of 13 vehicles committed within any 12 month period. No 14 revocation or suspension shall be entered more than 6 15 months after the date of last conviction; 16 3. Has been repeatedly involved as a driver in 17 motor vehicle collisions or has been repeatedly convicted 18 of offenses against laws and ordinances regulating the 19 movement of traffic, to a degree that indicates lack of 20 ability to exercise ordinary and reasonable care in the 21 safe operation of a motor vehicle or disrespect for the 22 traffic laws and the safety of other persons upon the 23 highway; 24 4. Has by the unlawful operation of a motor vehicle 25 caused or contributed to an accident resulting in death 26 or injury requiring immediate professional treatment in a 27 medical facility or doctor's office to any person, except 28 that any suspension or revocation imposed by the 29 Secretary of State under the provisions of this 30 subsection shall start no later than 6 months after being 31 convicted of violating a law or ordinance regulating the 32 movement of traffic, which violation is related to the 33 accident, or shall start not more than one year after the 34 date of the accident, whichever date occurs later; -4- LRB093 05822 LCB 17038 a 1 5. Has permitted an unlawful or fraudulent use of a 2 driver's license, identification card, or permit; 3 6. Has been lawfully convicted of an offense or 4 offenses in another state, including the authorization 5 contained in Section 6-203.1, which if committed within 6 this State would be grounds for suspension or revocation; 7 7. Has refused or failed to submit to an 8 examination provided for by Section 6-207 or has failed 9 to pass the examination; 10 8. Is ineligible for a driver's license or permit 11 under the provisions of Section 6-103; 12 9. Has made a false statement or knowingly 13 concealed a material fact or has used false information 14 or identification in any application for a license, 15 identification card, or permit; 16 10. Has possessed, displayed, or attempted to 17 fraudulently use any license, identification card, or 18 permit not issued to the person; 19 11. Has operated a motor vehicle upon a highway of 20 this State when the person's driving privilege or 21 privilege to obtain a driver's license or permit was 22 revoked or suspended unless the operation was authorized 23 by a judicial driving permit, probationary license to 24 drive, or a restricted driving permit issued under this 25 Code; 26 12. Has submitted to any portion of the application 27 process for another person or has obtained the services 28 of another person to submit to any portion of the 29 application process for the purpose of obtaining a 30 license, identification card, or permit for some other 31 person; 32 13. Has operated a motor vehicle upon a highway of 33 this State when the person's driver's license or permit 34 was invalid under the provisions of Sections 6-107.1 and -5- LRB093 05822 LCB 17038 a 1 6-110; 2 14. Has committed a violation of Section 6-301, 3 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 4 14B of the Illinois Identification Card Act; 5 15. Has been convicted of violating Section 21-2 of 6 the Criminal Code of 1961 relating to criminal trespass 7 to vehicles in which case, the suspension shall be for 8 one year; 9 16. Has been convicted of violating Section 11-204 10 of this Code relating to fleeing from a police officer; 11 17. Has refused to submit to a test, or tests, as 12 required under Section 11-501.1 of this Code and the 13 person has not sought a hearing as provided for in 14 Section 11-501.1; 15 18. Has, since issuance of a driver's license or 16 permit, been adjudged to be afflicted with or suffering 17 from any mental disability or disease; 18 19. Has committed a violation of paragraph (a) or 19 (b) of Section 6-101 relating to driving without a 20 driver's license; 21 20. Has been convicted of violating Section 6-104 22 relating to classification of driver's license; 23 21. Has been convicted of violating Section 11-402 24 of this Code relating to leaving the scene of an accident 25 resulting in damage to a vehicle in excess of $1,000, in 26 which case the suspension shall be for one year; 27 22. Has used a motor vehicle in violating paragraph 28 (3), (4), (7), or (9) of subsection (a) of Section 24-1 29 of the Criminal Code of 1961 relating to unlawful use of 30 weapons, in which case the suspension shall be for one 31 year; 32 23. Has, as a driver, been convicted of committing 33 a violation of paragraph (a) of Section 11-502 of this 34 Code for a second or subsequent time within one year of a -6- LRB093 05822 LCB 17038 a 1 similar violation; 2 24. Has been convicted by a court-martial or 3 punished by non-judicial punishment by military 4 authorities of the United States at a military 5 installation in Illinois of or for a traffic related 6 offense that is the same as or similar to an offense 7 specified under Section 6-205 or 6-206 of this Code; 8 25. Has permitted any form of identification to be 9 used by another in the application process in order to 10 obtain or attempt to obtain a license, identification 11 card, or permit; 12 26. Has altered or attempted to alter a license or 13 has possessed an altered license, identification card, or 14 permit; 15 27. Has violated Section 6-16 of the Liquor Control 16 Act of 1934; 17 28. Has been convicted of the illegal possession, 18 while operating or in actual physical control, as a 19 driver, of a motor vehicle, of any controlled substance 20 prohibited under the Illinois Controlled Substances Act 21 or any cannabis prohibited under the provisions of the 22 Cannabis Control Act, in which case the person's driving 23 privileges shall be suspended for one year, and any 24 driver who is convicted of a second or subsequent 25 offense, within 5 years of a previous conviction, for the 26 illegal possession, while operating or in actual physical 27 control, as a driver, of a motor vehicle, of any 28 controlled substance prohibited under the provisions of 29 the Illinois Controlled Substances Act or any cannabis 30 prohibited under the Cannabis Control Act shall be 31 suspended for 5 years. Any defendant found guilty of this 32 offense while operating a motor vehicle, shall have an 33 entry made in the court record by the presiding judge 34 that this offense did occur while the defendant was -7- LRB093 05822 LCB 17038 a 1 operating a motor vehicle and order the clerk of the 2 court to report the violation to the Secretary of State; 3 29. Has been convicted of the following offenses 4 that were committed while the person was operating or in 5 actual physical control, as a driver, of a motor vehicle: 6 criminal sexual assault, predatory criminal sexual 7 assault of a child, aggravated criminal sexual assault, 8 criminal sexual abuse, aggravated criminal sexual abuse, 9 juvenile pimping, soliciting for a juvenile prostitute 10 and the manufacture, sale or delivery of controlled 11 substances or instruments used for illegal drug use or 12 abuse in which case the driver's driving privileges shall 13 be suspended for one year; 14 30. Has been convicted a second or subsequent time 15 for any combination of the offenses named in paragraph 29 16 of this subsection, in which case the person's driving 17 privileges shall be suspended for 5 years; 18 31. Has refused to submit to a test as required by 19 Section 11-501.6 or has submitted to a test resulting in 20 an alcohol concentration of 0.08 or more or any amount of 21 a drug, substance, or compound resulting from the 22 unlawful use or consumption of cannabis as listed in the 23 Cannabis Control Act, a controlled substance as listed in 24 the Illinois Controlled Substances Act, or an 25 intoxicating compound as listed in the Use of 26 Intoxicating Compounds Act, in which case the penalty 27 shall be as prescribed in Section 6-208.1; 28 32. Has been convicted of Section 24-1.2 of the 29 Criminal Code of 1961 relating to the aggravated 30 discharge of a firearm if the offender was located in a 31 motor vehicle at the time the firearm was discharged, in 32 which case the suspension shall be for 3 years; 33 33. Has as a driver, who was less than 21 years of 34 age on the date of the offense, been convicted a first -8- LRB093 05822 LCB 17038 a 1 time of a violation of paragraph (a) of Section 11-502 of 2 this Code or a similar provision of a local ordinance; 3 34. Has committed a violation of Section 11-1301.5 4 of this Code; 5 35. Has committed a violation of Section 11-1301.6 6 of this Code; 7 36. Is under the age of 21 years at the time of 8 arrest and has been convicted of not less than 2 offenses 9 against traffic regulations governing the movement of 10 vehicles committed within any 24 month period. No 11 revocation or suspension shall be entered more than 6 12 months after the date of last conviction; 13 37. Has committed a violation of subsection (c) of 14 Section 11-907 of this Code;or15 38. Has been convicted of a violation of Section 16 6-20 of the Liquor Control Act of 1934 or a similar 17 provision of a local ordinance;or.18 39.38.Has committed a second or subsequent 19 violation of Section 11-1201 of this Code; or 20 40. Has committed a violation of subsection (a-1) 21 of Section 11-908 of this Code. 22 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 23 and 27 of this subsection, license means any driver's 24 license, any traffic ticket issued when the person's driver's 25 license is deposited in lieu of bail, a suspension notice 26 issued by the Secretary of State, a duplicate or corrected 27 driver's license, a probationary driver's license or a 28 temporary driver's license. 29 (b) If any conviction forming the basis of a suspension 30 or revocation authorized under this Section is appealed, the 31 Secretary of State may rescind or withhold the entry of the 32 order of suspension or revocation, as the case may be, 33 provided that a certified copy of a stay order of a court is 34 filed with the Secretary of State. If the conviction is -9- LRB093 05822 LCB 17038 a 1 affirmed on appeal, the date of the conviction shall relate 2 back to the time the original judgment of conviction was 3 entered and the 6 month limitation prescribed shall not 4 apply. 5 (c) 1. Upon suspending or revoking the driver's license 6 or permit of any person as authorized in this Section, 7 the Secretary of State shall immediately notify the 8 person in writing of the revocation or suspension. The 9 notice to be deposited in the United States mail, postage 10 prepaid, to the last known address of the person. 11 2. If the Secretary of State suspends the driver's 12 license of a person under subsection 2 of paragraph (a) 13 of this Section, a person's privilege to operate a 14 vehicle as an occupation shall not be suspended, provided 15 an affidavit is properly completed, the appropriate fee 16 received, and a permit issued prior to the effective date 17 of the suspension, unless 5 offenses were committed, at 18 least 2 of which occurred while operating a commercial 19 vehicle in connection with the driver's regular 20 occupation. All other driving privileges shall be 21 suspended by the Secretary of State. Any driver prior to 22 operating a vehicle for occupational purposes only must 23 submit the affidavit on forms to be provided by the 24 Secretary of State setting forth the facts of the 25 person's occupation. The affidavit shall also state the 26 number of offenses committed while operating a vehicle in 27 connection with the driver's regular occupation. The 28 affidavit shall be accompanied by the driver's license. 29 Upon receipt of a properly completed affidavit, the 30 Secretary of State shall issue the driver a permit to 31 operate a vehicle in connection with the driver's regular 32 occupation only. Unless the permit is issued by the 33 Secretary of State prior to the date of suspension, the 34 privilege to drive any motor vehicle shall be suspended -10- LRB093 05822 LCB 17038 a 1 as set forth in the notice that was mailed under this 2 Section. If an affidavit is received subsequent to the 3 effective date of this suspension, a permit may be issued 4 for the remainder of the suspension period. 5 The provisions of this subparagraph shall not apply 6 to any driver required to obtain a commercial driver's 7 license under Section 6-507 during the period of a 8 disqualification of commercial driving privileges under 9 Section 6-514. 10 Any person who falsely states any fact in the 11 affidavit required herein shall be guilty of perjury 12 under Section 6-302 and upon conviction thereof shall 13 have all driving privileges revoked without further 14 rights. 15 3. At the conclusion of a hearing under Section 16 2-118 of this Code, the Secretary of State shall either 17 rescind or continue an order of revocation or shall 18 substitute an order of suspension; or, good cause 19 appearing therefor, rescind, continue, change, or extend 20 the order of suspension. If the Secretary of State does 21 not rescind the order, the Secretary may upon 22 application, to relieve undue hardship, issue a 23 restricted driving permit granting the privilege of 24 driving a motor vehicle between the petitioner's 25 residence and petitioner's place of employment or within 26 the scope of his employment related duties, or to allow 27 transportation for the petitioner, or a household member 28 of the petitioner's family, to receive necessary medical 29 care and if the professional evaluation indicates, 30 provide transportation for alcohol remedial or 31 rehabilitative activity, or for the petitioner to attend 32 classes, as a student, in an accredited educational 33 institution; if the petitioner is able to demonstrate 34 that no alternative means of transportation is reasonably -11- LRB093 05822 LCB 17038 a 1 available and the petitioner will not endanger the public 2 safety or welfare. 3 If a person's license or permit has been revoked or 4 suspended due to 2 or more convictions of violating 5 Section 11-501 of this Code or a similar provision of a 6 local ordinance or a similar out-of-state offense, 7 arising out of separate occurrences, that person, if 8 issued a restricted driving permit, may not operate a 9 vehicle unless it has been equipped with an ignition 10 interlock device as defined in Section 1-129.1. 11 If a person's license or permit has been revoked or 12 suspended 2 or more times within a 10 year period due to 13 a single conviction of violating Section 11-501 of this 14 Code or a similar provision of a local ordinance or a 15 similar out-of-state offense, and a statutory summary 16 suspension under Section 11-501.1, or 2 or more statutory 17 summary suspensions, or combination of 2 offenses, or of 18 an offense and a statutory summary suspension, arising 19 out of separate occurrences, that person, if issued a 20 restricted driving permit, may not operate a vehicle 21 unless it has been equipped with an ignition interlock 22 device as defined in Section 1-129.1. The person must 23 pay to the Secretary of State DUI Administration Fund an 24 amount not to exceed $20 per month. The Secretary shall 25 establish by rule the amount and the procedures, terms, 26 and conditions relating to these fees. If the restricted 27 driving permit was issued for employment purposes, then 28 this provision does not apply to the operation of an 29 occupational vehicle owned or leased by that person's 30 employer. In each case the Secretary may issue a 31 restricted driving permit for a period deemed 32 appropriate, except that all permits shall expire within 33 one year from the date of issuance. The Secretary may 34 not, however, issue a restricted driving permit to any -12- LRB093 05822 LCB 17038 a 1 person whose current revocation is the result of a second 2 or subsequent conviction for a violation of Section 3 11-501 of this Code or a similar provision of a local 4 ordinance relating to the offense of operating or being 5 in physical control of a motor vehicle while under the 6 influence of alcohol, other drug or drugs, intoxicating 7 compound or compounds, or any similar out-of-state 8 offense, or any combination of those offenses, until the 9 expiration of at least one year from the date of the 10 revocation. A restricted driving permit issued under 11 this Section shall be subject to cancellation, 12 revocation, and suspension by the Secretary of State in 13 like manner and for like cause as a driver's license 14 issued under this Code may be cancelled, revoked, or 15 suspended; except that a conviction upon one or more 16 offenses against laws or ordinances regulating the 17 movement of traffic shall be deemed sufficient cause for 18 the revocation, suspension, or cancellation of a 19 restricted driving permit. The Secretary of State may, 20 as a condition to the issuance of a restricted driving 21 permit, require the applicant to participate in a 22 designated driver remedial or rehabilitative program. 23 The Secretary of State is authorized to cancel a 24 restricted driving permit if the permit holder does not 25 successfully complete the program. 26 (c-5) The Secretary of State may, as a condition of the 27 reissuance of a driver's license or permit to an applicant 28 whose driver's license or permit has been suspended before he 29 or she reached the age of 18 years pursuant to any of the 30 provisions of this Section, require the applicant to 31 participate in a driver remedial education course and be 32 retested under Section 6-109 of this Code. 33 (d) This Section is subject to the provisions of the 34 Drivers License Compact. -13- LRB093 05822 LCB 17038 a 1 (e) The Secretary of State shall not issue a restricted 2 driving permit to a person under the age of 16 years whose 3 driving privileges have been suspended or revoked under any 4 provisions of this Code. 5 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 6 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff. 7 1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.) 8 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2) 9 Sec. 6-301.2. Fraudulent driver's license or permit. 10 (a) (Blank). 11 (b) It is a violation of this Section for any person: 12 1. To knowingly possess any fraudulent driver's 13 license or permit; 14 2. To knowingly possess, display or cause to be 15 displayed any fraudulent driver's license or permit for 16 the purpose of obtaining any account, credit, credit card 17 or debit card from a bank, financial institution or 18 retail mercantile establishment; 19 3. To knowingly possess any fraudulent driver's 20 license or permit with the intent to commit a theft, 21 deception or credit or debit card fraud in violation of 22 any law of this State or any law of any other 23 jurisdiction; 24 4. To knowingly possess any fraudulent driver's 25 license or permit with the intent to commit any other 26 violation of any laws of this State or any law of any 27 other jurisdiction for which a sentence to a term of 28 imprisonment in a penitentiary for one year or more is 29 provided; 30 5. To knowingly possess any fraudulent driver's 31 license or permit while in unauthorized possession of any 32 document, instrument or device capable of defrauding 33 another; -14- LRB093 05822 LCB 17038 a 1 6. To knowingly possess any fraudulent driver's 2 license or permit with the intent to use the license or 3 permit to acquire any other identification document; 4 7. To knowingly possess without authority any 5 driver's license-making or permit-making implement; 6 8. To knowingly possess any stolen driver's 7 license-making or permit-making implement or to possess, 8 use, or allow to be used any materials, hardware, or 9 software specifically designed for or primarily used in 10 the manufacture, assembly, issuance, or authentication of 11 an official driver's license or permit issued by the 12 Secretary of State; 13 9. To knowingly duplicate, manufacture, sell or 14 transfer any fraudulent driver's license or permit; 15 10. To advertise or distribute any information or 16 materials that promote the selling, giving, or furnishing 17 of a fraudulent driver's license or permit; 18 11. To knowingly use any fraudulent driver's 19 license or permit to purchase or attempt to purchase any 20 ticket for a common carrier or to board or attempt to 21 board any common carrier. As used in this Section, 22 "common carrier" means any public or private provider of 23 transportation, whether by land, air, or water; 24 12. To knowingly possess any fraudulent driver's 25 license or permit if the person has at the time a 26 different driver's license issued by the Secretary of 27 State or another official driver's license agency in 28 another jurisdiction that is suspended or revoked. 29 (c) Sentence. 30 1. Any person convicted of a violation of paragraph 31 1 of subsection (b) of this Section shall be guilty of a 32 Class 4 felony and shall be sentenced to a minimum fine 33 of $500 or 50 hours of community service, preferably at 34 an alcohol abuse prevention program, if available. -15- LRB093 05822 LCB 17038 a 1 2. Any person convicted of a violation of any of 2 paragraphs 2 through 9 or paragraph 11 or 12 of 3 subsection (b) of this Section shall be guilty of a Class 4 4 felony. A person convicted of a second or subsequent 5 violation shall be guilty of a Class 3 felony. 6 3. Any person convicted of a violation of paragraph 7 10 of subsection (b) of this Section shall be guilty of a 8 Class B misdemeanor. 9 (d) This Section does not prohibit any lawfully 10 authorized investigative, protective, law enforcement or 11 other activity of any agency of the United States, State of 12 Illinois or any other state or political subdivision thereof. 13 (e) The Secretary may request the Attorney General to 14 seek a restraining order in the circuit court against any 15 person who violates this Section by advertising fraudulent 16 driver's licenses or permits. 17 (Source: P.A. 92-673, eff. 1-1-03.) 18 (625 ILCS 5/6-521) (from Ch. 95 1/2, par. 6-521) 19 Sec. 6-521. Rulemaking Authority. 20 (a) The Secretary of State, using the authority to 21 license motor vehicle operators under this Code, may adopt 22 such rules and regulations as may be necessary to establish 23 standards, policies and procedures for the licensing and 24 sanctioning of commercial motor vehicle drivers in order to 25 meet the requirements of the Commercial Motor Vehicle Act of 26 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. 27 Part 383 or Part 1572; and administrative and policy 28 decisions of the U.S. Secretary of Transportation and the 29 Federal Highway Administration. The Secretary may, as 30 provided in the CMVSA, establish stricter requirements for 31 the licensing of commercial motor vehicle drivers than those 32 established by the federal government. 33 (b) By January 1, 1994, the Secretary of State shall -16- LRB093 05822 LCB 17038 a 1 establish rules and regulations for the issuance of a 2 restricted commercial driver's license for farm-related 3 service industries consistent with federal guidelines. The 4 restricted license shall be available for a seasonal period 5 or periods not to exceed a total of 180 days in any 12 month 6 period. 7 (c) By July 1, 1995, the Secretary of State shall 8 establish rules and regulations, to be consistent with 9 federal guidelines, for the issuance and cancellation or 10 withdrawal of a restricted commercial driver's license that 11 is limited to the operation of a school bus. A driver whose 12 restricted commercial driver's license has been cancelled or 13 withdrawn may contest the sanction by requesting a hearing 14 pursuant to Section 2-118 of this Code. The cancellation or 15 withdrawal of the restricted commercial driver's license 16 shall remain in effect pending the outcome of that hearing. 17 (d) By July 1, 1995, the Secretary of State shall 18 establish rules and regulations for the issuance and 19 cancellation of a School Bus Driver's Permit. The permit 20 shall be required for the operation of a school bus as 21 provided in subsection (c), a non-restricted CDL with 22 passenger endorsement, or a properly classified driver's 23 license. The permit will establish that the school bus 24 driver has met all the requirements of the application and 25 screening process established by Section 6-106.1 of this 26 Code. 27 (Source: P.A. 88-450; 88-612, eff. 7-1-95.) 28 Section 99. Effective date. This Act takes effect June 29 1, 2003.".