Judiciary II - Criminal Law Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 7015
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2 | AMENDMENT NO. ______. Amend House Bill 7015 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning transportation."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
| ||||||
7 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 4-204, 6-206, and 11-605 and by adding | ||||||
9 | Sections 11-605.1 and 11-605.2 as follows:
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10 | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
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11 | Sec. 4-204. Police tows; reports, release of vehicles, | ||||||
12 | payment. When
a vehicle is authorized to be towed away as | ||||||
13 | provided in Section
4-202 ,
or 4-203 , or 11-605.1 :
| ||||||
14 | (a) The authorization, any hold order, and any release | ||||||
15 | shall be in
writing, or confirmed in writing, with a copy given | ||||||
16 | to the towing service.
| ||||||
17 | (b) The police headquarters or office of the law officer
| ||||||
18 | authorizing the towing shall keep and maintain a record of the | ||||||
19 | vehicle
towed, listing the color, year of manufacture, | ||||||
20 | manufacturer's trade name,
manufacturer's series name, body | ||||||
21 | style, Vehicle Identification Number,
license plate year and | ||||||
22 | number and registration sticker year and number
displayed on | ||||||
23 | the vehicle. The record shall
also include the date and hour of |
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| |||||||
1 | tow, location towed from, location towed
to, reason for towing | ||||||
2 | and the name of the officer authorizing the tow.
| ||||||
3 | (c) The owner, operator, or other legally entitled person | ||||||
4 | shall be
responsible to the towing service for payment of | ||||||
5 | applicable removal, towing,
storage, and processing charges | ||||||
6 | and collection costs associated with a vehicle
towed or held | ||||||
7 | under order or authorization of a law enforcement agency. If a
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8 | vehicle towed or held under order or authorization of a law | ||||||
9 | enforcement agency
is seized by the ordering or authorizing | ||||||
10 | agency or any other law enforcement
or governmental agency and | ||||||
11 | sold, any unpaid removal, towing, storage,
and processing | ||||||
12 | charges and collection costs shall be paid to the towing | ||||||
13 | service
from the proceeds of the sale. If applicable law | ||||||
14 | provides that the proceeds
are to be paid into the treasury of | ||||||
15 | the appropriate civil jurisdiction, then
any unpaid removal, | ||||||
16 | towing, storage, and processing charges and collection
costs | ||||||
17 | shall be paid to the towing service from the treasury of the | ||||||
18 | civil
jurisdiction. That payment shall not, however, exceed the | ||||||
19 | amount of proceeds
from the sale, with the balance to be paid | ||||||
20 | by the owner, operator, or other
legally entitled person.
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21 | (d) Upon delivery of a written release order to the towing | ||||||
22 | service, a
vehicle subject to a hold order shall be released to | ||||||
23 | the owner, operator, or
other legally entitled person upon | ||||||
24 | proof of ownership or other entitlement and
upon payment of | ||||||
25 | applicable removal, towing, storage, and processing charges | ||||||
26 | and
collection costs.
| ||||||
27 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
28 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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29 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
30 | license or
permit; Right to a hearing.
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31 | (a) The Secretary of State is authorized to suspend or | ||||||
32 | revoke the
driving privileges of any person without preliminary | ||||||
33 | hearing upon a showing
of the person's records or other |
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1 | sufficient evidence that
the person:
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2 | 1. Has committed an offense for which mandatory | ||||||
3 | revocation of
a driver's license or permit is required upon | ||||||
4 | conviction;
| ||||||
5 | 2. Has been convicted of not less than 3 offenses | ||||||
6 | against traffic
regulations governing the movement of | ||||||
7 | vehicles committed within any 12
month period. No | ||||||
8 | revocation or suspension shall be entered more than
6 | ||||||
9 | months after the date of last conviction;
| ||||||
10 | 3. Has been repeatedly involved as a driver in motor | ||||||
11 | vehicle
collisions or has been repeatedly convicted of | ||||||
12 | offenses against laws and
ordinances regulating the | ||||||
13 | movement of traffic, to a degree that
indicates lack of | ||||||
14 | ability to exercise ordinary and reasonable care in
the | ||||||
15 | safe operation of a motor vehicle or disrespect for the | ||||||
16 | traffic laws
and the safety of other persons upon the | ||||||
17 | highway;
| ||||||
18 | 4. Has by the unlawful operation of a motor vehicle | ||||||
19 | caused or
contributed to an accident resulting in death or | ||||||
20 | injury requiring
immediate professional treatment in a | ||||||
21 | medical facility or doctor's office
to any person, except | ||||||
22 | that any suspension or revocation imposed by the
Secretary | ||||||
23 | of State under the provisions of this subsection shall | ||||||
24 | start no
later than 6 months after being convicted of | ||||||
25 | violating a law or
ordinance regulating the movement of | ||||||
26 | traffic, which violation is related
to the accident, or | ||||||
27 | shall start not more than one year
after
the date of the | ||||||
28 | accident, whichever date occurs later;
| ||||||
29 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
30 | driver's
license, identification card, or permit;
| ||||||
31 | 6. Has been lawfully convicted of an offense or | ||||||
32 | offenses in another
state, including the authorization | ||||||
33 | contained in Section 6-203.1, which
if committed within | ||||||
34 | this State would be grounds for suspension or revocation;
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1 | 7. Has refused or failed to submit to an examination | ||||||
2 | provided for by
Section 6-207 or has failed to pass the | ||||||
3 | examination;
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4 | 8. Is ineligible for a driver's license or permit under | ||||||
5 | the provisions
of Section 6-103;
| ||||||
6 | 9. Has made a false statement or knowingly concealed a | ||||||
7 | material fact
or has used false information or | ||||||
8 | identification in any application for a
license, | ||||||
9 | identification card, or permit;
| ||||||
10 | 10. Has possessed, displayed, or attempted to | ||||||
11 | fraudulently use any
license, identification card, or | ||||||
12 | permit not issued to the person;
| ||||||
13 | 11. Has operated a motor vehicle upon a highway of this | ||||||
14 | State when
the person's driving privilege or privilege to | ||||||
15 | obtain a driver's license
or permit was revoked or | ||||||
16 | suspended unless the operation was authorized by
a judicial | ||||||
17 | driving permit, probationary license to drive, or a | ||||||
18 | restricted
driving permit issued under this Code;
| ||||||
19 | 12. Has submitted to any portion of the application | ||||||
20 | process for
another person or has obtained the services of | ||||||
21 | another person to submit to
any portion of the application | ||||||
22 | process for the purpose of obtaining a
license, | ||||||
23 | identification card, or permit for some other person;
| ||||||
24 | 13. Has operated a motor vehicle upon a highway of this | ||||||
25 | State when
the person's driver's license or permit was | ||||||
26 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
27 | 14. Has committed a violation of Section 6-301, | ||||||
28 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
29 | of the Illinois Identification Card
Act;
| ||||||
30 | 15. Has been convicted of violating Section 21-2 of the | ||||||
31 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
32 | vehicles in which case, the suspension
shall be for one | ||||||
33 | year;
| ||||||
34 | 16. Has been convicted of violating Section 11-204 of |
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| |||||||
1 | this Code relating
to fleeing from a peace officer;
| ||||||
2 | 17. Has refused to submit to a test, or tests, as | ||||||
3 | required under Section
11-501.1 of this Code and the person | ||||||
4 | has not sought a hearing as
provided for in Section | ||||||
5 | 11-501.1;
| ||||||
6 | 18. Has, since issuance of a driver's license or | ||||||
7 | permit, been adjudged
to be afflicted with or suffering | ||||||
8 | from any mental disability or disease;
| ||||||
9 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
10 | of Section 6-101
relating to driving without a driver's | ||||||
11 | license;
| ||||||
12 | 20. Has been convicted of violating Section 6-104 | ||||||
13 | relating to
classification of driver's license;
| ||||||
14 | 21. Has been convicted of violating Section 11-402 of
| ||||||
15 | this Code relating to leaving the scene of an accident | ||||||
16 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
17 | which case the suspension shall be
for one year;
| ||||||
18 | 22. Has used a motor vehicle in violating paragraph | ||||||
19 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
20 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
21 | weapons, in which case the suspension shall be for one
| ||||||
22 | year;
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23 | 23. Has, as a driver, been convicted of committing a | ||||||
24 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
25 | for a second or subsequent
time within one year of a | ||||||
26 | similar violation;
| ||||||
27 | 24. Has been convicted by a court-martial or punished | ||||||
28 | by non-judicial
punishment by military authorities of the | ||||||
29 | United States at a military
installation in Illinois of or | ||||||
30 | for a traffic related offense that is the
same as or | ||||||
31 | similar to an offense specified under Section 6-205 or | ||||||
32 | 6-206 of
this Code;
| ||||||
33 | 25. Has permitted any form of identification to be used | ||||||
34 | by another in
the application process in order to obtain or |
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1 | attempt to obtain a license,
identification card, or | ||||||
2 | permit;
| ||||||
3 | 26. Has altered or attempted to alter a license or has | ||||||
4 | possessed an
altered license, identification card, or | ||||||
5 | permit;
| ||||||
6 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
7 | of 1934;
| ||||||
8 | 28. Has been convicted of the illegal possession, while | ||||||
9 | operating or
in actual physical control, as a driver, of a | ||||||
10 | motor vehicle, of any
controlled substance prohibited | ||||||
11 | under the Illinois Controlled Substances
Act or any | ||||||
12 | cannabis prohibited under the provisions of the Cannabis | ||||||
13 | Control
Act, in which case the person's driving privileges | ||||||
14 | shall be suspended for
one year, and any driver who is | ||||||
15 | convicted of a second or subsequent
offense, within 5 years | ||||||
16 | of a previous conviction, for the illegal
possession, while | ||||||
17 | operating or in actual physical control, as a driver, of
a | ||||||
18 | motor vehicle, of any controlled substance prohibited | ||||||
19 | under the
provisions of the Illinois Controlled Substances | ||||||
20 | Act or any cannabis
prohibited under the Cannabis Control | ||||||
21 | Act shall be suspended for 5 years.
Any defendant found | ||||||
22 | guilty of this offense while operating a motor vehicle,
| ||||||
23 | shall have an entry made in the court record by the | ||||||
24 | presiding judge that
this offense did occur while the | ||||||
25 | defendant was operating a motor vehicle
and order the clerk | ||||||
26 | of the court to report the violation to the Secretary
of | ||||||
27 | State;
| ||||||
28 | 29. Has been convicted of the following offenses that | ||||||
29 | were committed
while the person was operating or in actual | ||||||
30 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
31 | sexual assault,
predatory criminal sexual assault of a | ||||||
32 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
33 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
34 | soliciting for a juvenile prostitute and the manufacture, |
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| |||||||
1 | sale or
delivery of controlled substances or instruments | ||||||
2 | used for illegal drug use
or abuse in which case the | ||||||
3 | driver's driving privileges shall be suspended
for one | ||||||
4 | year;
| ||||||
5 | 30. Has been convicted a second or subsequent time for | ||||||
6 | any
combination of the offenses named in paragraph 29 of | ||||||
7 | this subsection,
in which case the person's driving | ||||||
8 | privileges shall be suspended for 5
years;
| ||||||
9 | 31. Has refused to submit to a test as
required by | ||||||
10 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
11 | alcohol concentration of 0.08 or more or any amount of a | ||||||
12 | drug, substance, or
compound resulting from the unlawful | ||||||
13 | use or consumption of cannabis as listed
in the Cannabis | ||||||
14 | Control Act, a controlled substance as listed in the | ||||||
15 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
16 | compound as listed in the Use of
Intoxicating Compounds | ||||||
17 | Act, in which case the penalty shall be
as prescribed in | ||||||
18 | Section 6-208.1;
| ||||||
19 | 32. Has been convicted of Section 24-1.2 of the | ||||||
20 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
21 | of a firearm if the offender was
located in a motor vehicle | ||||||
22 | at the time the firearm was discharged, in which
case the | ||||||
23 | suspension shall be for 3 years;
| ||||||
24 | 33. Has as a driver, who was less than 21 years of age | ||||||
25 | on the date of
the offense, been convicted a first time of | ||||||
26 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
27 | or a similar provision of a local ordinance;
| ||||||
28 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
29 | this Code;
| ||||||
30 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
31 | this Code;
| ||||||
32 | 36. Is under the age of 21 years at the time of arrest | ||||||
33 | and has been
convicted of not less than 2 offenses against | ||||||
34 | traffic regulations governing
the movement of vehicles |
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| |||||||
1 | committed within any 24 month period. No revocation
or | ||||||
2 | suspension shall be entered more than 6 months after the | ||||||
3 | date of last
conviction;
| ||||||
4 | 37. Has committed a violation of subsection (c) of | ||||||
5 | Section 11-907 of this
Code;
| ||||||
6 | 38. Has been convicted of a violation of Section 6-20 | ||||||
7 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
8 | a local ordinance; or
| ||||||
9 | 39. Has committed a second or subsequent violation of | ||||||
10 | Section
11-1201 of this Code ; or .
| ||||||
11 | 40. Has committed a second or subsequent violation of | ||||||
12 | Section 11-605.1 of this Code, in which case the suspension | ||||||
13 | shall be for not less than 90 days.
| ||||||
14 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
15 | and 27 of this
subsection, license means any driver's license, | ||||||
16 | any traffic ticket issued when
the person's driver's license is | ||||||
17 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
18 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
19 | a probationary driver's license or a temporary driver's | ||||||
20 | license.
| ||||||
21 | (b) If any conviction forming the basis of a suspension or
| ||||||
22 | revocation authorized under this Section is appealed, the
| ||||||
23 | Secretary of State may rescind or withhold the entry of the | ||||||
24 | order of suspension
or revocation, as the case may be, provided | ||||||
25 | that a certified copy of a stay
order of a court is filed with | ||||||
26 | the Secretary of State. If the conviction is
affirmed on | ||||||
27 | appeal, the date of the conviction shall relate back to the | ||||||
28 | time
the original judgment of conviction was entered and the 6 | ||||||
29 | month limitation
prescribed shall not apply.
| ||||||
30 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
31 | permit of
any person as authorized in this Section, the | ||||||
32 | Secretary of State shall
immediately notify the person in | ||||||
33 | writing of the revocation or suspension.
The notice to be | ||||||
34 | deposited in the United States mail, postage prepaid,
to |
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| |||||||
1 | the last known address of the person.
| ||||||
2 | 2. If the Secretary of State suspends the driver's | ||||||
3 | license
of a person under subsection 2 of paragraph (a) of | ||||||
4 | this Section, a
person's privilege to operate a vehicle as | ||||||
5 | an occupation shall not be
suspended, provided an affidavit | ||||||
6 | is properly completed, the appropriate fee
received, and a | ||||||
7 | permit issued prior to the effective date of the
| ||||||
8 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
9 | which occurred
while operating a commercial vehicle in | ||||||
10 | connection with the driver's
regular occupation. All other | ||||||
11 | driving privileges shall be suspended by the
Secretary of | ||||||
12 | State. Any driver prior to operating a vehicle for
| ||||||
13 | occupational purposes only must submit the affidavit on | ||||||
14 | forms to be
provided by the Secretary of State setting | ||||||
15 | forth the facts of the person's
occupation. The affidavit | ||||||
16 | shall also state the number of offenses
committed while | ||||||
17 | operating a vehicle in connection with the driver's regular
| ||||||
18 | occupation. The affidavit shall be accompanied by the | ||||||
19 | driver's license.
Upon receipt of a properly completed | ||||||
20 | affidavit, the Secretary of State
shall issue the driver a | ||||||
21 | permit to operate a vehicle in connection with the
driver's | ||||||
22 | regular occupation only. Unless the permit is issued by the
| ||||||
23 | Secretary of State prior to the date of suspension, the | ||||||
24 | privilege to drive
any motor vehicle shall be suspended as | ||||||
25 | set forth in the notice that was
mailed under this Section. | ||||||
26 | If an affidavit is received subsequent to the
effective | ||||||
27 | date of this suspension, a permit may be issued for the | ||||||
28 | remainder
of the suspension period.
| ||||||
29 | The provisions of this subparagraph shall not apply to | ||||||
30 | any driver
required to obtain a commercial driver's license | ||||||
31 | under Section 6-507 during
the period of a disqualification | ||||||
32 | of commercial driving privileges under
Section 6-514.
| ||||||
33 | Any person who falsely states any fact in the affidavit | ||||||
34 | required
herein shall be guilty of perjury under Section |
| |||||||
| |||||||
1 | 6-302 and upon conviction
thereof shall have all driving | ||||||
2 | privileges revoked without further rights.
| ||||||
3 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
4 | of this Code,
the Secretary of State shall either rescind | ||||||
5 | or continue an order of
revocation or shall substitute an | ||||||
6 | order of suspension; or, good
cause appearing therefor, | ||||||
7 | rescind, continue, change, or extend the
order of | ||||||
8 | suspension. If the Secretary of State does not rescind the | ||||||
9 | order,
the Secretary may upon application,
to relieve undue | ||||||
10 | hardship, issue
a restricted driving permit granting the | ||||||
11 | privilege of driving a motor
vehicle between the | ||||||
12 | petitioner's residence and petitioner's place of
| ||||||
13 | employment or within the scope of his employment related | ||||||
14 | duties, or to
allow transportation for the petitioner, or a | ||||||
15 | household member of the
petitioner's family, to receive | ||||||
16 | necessary medical care and if the
professional evaluation | ||||||
17 | indicates, provide transportation for alcohol
remedial or | ||||||
18 | rehabilitative activity, or for the petitioner to attend
| ||||||
19 | classes, as a student, in an accredited educational | ||||||
20 | institution; if the
petitioner is able to demonstrate that | ||||||
21 | no alternative means of
transportation is reasonably | ||||||
22 | available and the petitioner will not endanger
the public | ||||||
23 | safety or welfare.
| ||||||
24 | If a person's license or permit has been revoked or | ||||||
25 | suspended due to 2
or more convictions of violating Section | ||||||
26 | 11-501 of this Code or a similar
provision of a local | ||||||
27 | ordinance or a similar out-of-state offense, arising out
of | ||||||
28 | separate occurrences, that person, if issued a restricted | ||||||
29 | driving permit,
may not operate a vehicle unless it has | ||||||
30 | been equipped with an ignition
interlock device as defined | ||||||
31 | in Section 1-129.1.
| ||||||
32 | If a person's license or permit has been revoked or | ||||||
33 | suspended 2 or more
times within a 10 year period due to a | ||||||
34 | single conviction of violating Section
11-501 of this Code |
| |||||||
| |||||||
1 | or a similar provision of a local ordinance or a similar
| ||||||
2 | out-of-state offense, and a statutory summary suspension | ||||||
3 | under Section
11-501.1, or 2 or more statutory summary | ||||||
4 | suspensions, or combination of 2
offenses, or of an offense | ||||||
5 | and a statutory summary suspension, arising out of
separate | ||||||
6 | occurrences, that person, if issued a restricted driving | ||||||
7 | permit, may
not operate a vehicle unless it has been
| ||||||
8 | equipped with an ignition interlock device as defined in | ||||||
9 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
10 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
11 | per month. The Secretary shall establish by rule the amount
| ||||||
12 | and the procedures, terms, and conditions relating to these | ||||||
13 | fees. If the
restricted driving permit was issued for | ||||||
14 | employment purposes, then this
provision does not apply to | ||||||
15 | the operation of an occupational vehicle owned or
leased by | ||||||
16 | that person's employer. In each case the Secretary may | ||||||
17 | issue a
restricted driving permit for a period deemed | ||||||
18 | appropriate, except that all
permits shall expire within | ||||||
19 | one year from the date of issuance. The Secretary
may not, | ||||||
20 | however, issue a restricted driving permit to any person | ||||||
21 | whose current
revocation is the result of a second or | ||||||
22 | subsequent conviction for a violation
of Section 11-501 of | ||||||
23 | this Code or a similar provision of a local ordinance
| ||||||
24 | relating to the offense of operating or being in physical | ||||||
25 | control of a motor
vehicle while under the influence of | ||||||
26 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
27 | compounds, or any similar out-of-state offense, or any | ||||||
28 | combination
of those offenses, until the expiration of at | ||||||
29 | least one year from the date of
the revocation. A
| ||||||
30 | restricted driving permit issued under this Section shall | ||||||
31 | be subject to
cancellation, revocation, and suspension by | ||||||
32 | the Secretary of State in like
manner and for like cause as | ||||||
33 | a driver's license issued under this Code may be
cancelled, | ||||||
34 | revoked, or suspended; except that a conviction upon one or |
| |||||||
| |||||||
1 | more
offenses against laws or ordinances regulating the | ||||||
2 | movement of traffic
shall be deemed sufficient cause for | ||||||
3 | the revocation, suspension, or
cancellation of a | ||||||
4 | restricted driving permit. The Secretary of State may, as
a | ||||||
5 | condition to the issuance of a restricted driving permit, | ||||||
6 | require the
applicant to participate in a designated driver | ||||||
7 | remedial or rehabilitative
program. The Secretary of State | ||||||
8 | is authorized to cancel a restricted
driving permit if the | ||||||
9 | permit holder does not successfully complete the program.
| ||||||
10 | (c-5) The Secretary of State may, as a condition of the | ||||||
11 | reissuance of a
driver's license or permit to an applicant | ||||||
12 | whose driver's license or permit has
been suspended before he | ||||||
13 | or she reached the age of 18 years pursuant to any of
the | ||||||
14 | provisions of this Section, require the applicant to | ||||||
15 | participate in a
driver remedial education course and be | ||||||
16 | retested under Section 6-109 of this
Code.
| ||||||
17 | (d) This Section is subject to the provisions of the | ||||||
18 | Drivers License
Compact.
| ||||||
19 | (e) The Secretary of State shall not issue a restricted | ||||||
20 | driving permit to
a person under the age of 16 years whose | ||||||
21 | driving privileges have been suspended
or revoked under any | ||||||
22 | provisions of this Code.
| ||||||
23 | (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
24 | 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | ||||||
25 | 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
| ||||||
26 | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| ||||||
27 | Sec. 11-605. Special speed limit while passing schools or | ||||||
28 | while traveling
through highway
construction or maintenance | ||||||
29 | zones .
| ||||||
30 | (a) For the purpose of this Section, "school" means the | ||||||
31 | following
entities:
| ||||||
32 | (1) A public or private primary or secondary school.
| ||||||
33 | (2) A primary or secondary school operated by a |
| |||||||
| |||||||
1 | religious institution.
| ||||||
2 | (3) A public, private, or religious nursery school.
| ||||||
3 | On a school day when school children are present and so | ||||||
4 | close
thereto
that a potential hazard exists because of the | ||||||
5 | close proximity of the motorized
traffic, no person shall drive | ||||||
6 | a motor vehicle at a speed in excess of 20 miles
per hour while | ||||||
7 | passing a school zone or while traveling on a roadway on public
| ||||||
8 | school property or upon any public
thoroughfare where children | ||||||
9 | pass going
to and from school.
| ||||||
10 | For the purpose of this Section a school day shall begin at | ||||||
11 | seven ante
meridian and shall conclude at four post meridian.
| ||||||
12 | This Section shall not be applicable unless appropriate | ||||||
13 | signs are posted
upon streets and highways under their | ||||||
14 | respective jurisdiction and
maintained by the Department, | ||||||
15 | township, county, park district, city,
village or incorporated | ||||||
16 | town wherein the school zone is located. With regard
to the | ||||||
17 | special speed limit while passing schools, such signs
shall | ||||||
18 | give proper due warning that a school zone is being approached | ||||||
19 | and
shall indicate the school zone and the maximum speed limit | ||||||
20 | in effect during
school days when school children are present.
| ||||||
21 | (b) (Blank).
No person shall operate a motor vehicle in a | ||||||
22 | construction or
maintenance zone at a speed in excess of the | ||||||
23 | posted speed limit when workers
are present and so close to the | ||||||
24 | moving traffic that a potential hazard exists
because of the | ||||||
25 | motorized traffic.
| ||||||
26 | (c) Nothing in this Chapter shall
prohibit the use of | ||||||
27 | electronic speed-detecting devices within 500 feet of
signs | ||||||
28 | within a special school speed zone or a construction or | ||||||
29 | maintenance
zone indicating such zone, as defined
in this | ||||||
30 | Section, nor shall evidence obtained thereby be inadmissible in | ||||||
31 | any
prosecution for speeding provided the use of such device | ||||||
32 | shall apply only
to the enforcement of the speed limit in such | ||||||
33 | special school speed zone or a
construction or maintenance | ||||||
34 | zone .
|
| |||||||
| |||||||
1 | (d) (Blank).
For the purpose of this Section, a | ||||||
2 | construction or maintenance zone is
an area in which the | ||||||
3 | Department, Toll Highway Authority, or local agency has
| ||||||
4 | determined that the preexisting established speed limit | ||||||
5 | through a highway
construction or maintenance project is | ||||||
6 | greater than is reasonable or safe with
respect to the | ||||||
7 | conditions expected to exist in the construction or maintenance
| ||||||
8 | zone and has posted a lower speed limit with a highway | ||||||
9 | construction or
maintenance zone special speed limit sign.
| ||||||
10 | Highway construction or maintenance zone special speed | ||||||
11 | limit signs shall be
of a design approved by the Department. | ||||||
12 | The signs shall give proper due
warning that a construction or | ||||||
13 | maintenance zone is being approached and shall
indicate the | ||||||
14 | maximum speed limit in effect. The signs shall also state the
| ||||||
15 | amount of the minimum fine for a violation when workers are | ||||||
16 | present.
| ||||||
17 | (e) A first violation of this Section is a petty
offense | ||||||
18 | with a minimum fine
of $150. A second or subsequent violation | ||||||
19 | of this
Section is a petty offense with a minimum fine of $300.
| ||||||
20 | (f) When a fine for a violation of subsection (a) is $150 | ||||||
21 | or greater,
the person who violates subsection (a) shall be | ||||||
22 | charged an additional
$50 to be paid to the unit school
| ||||||
23 | district where the
violation
occurred for school safety | ||||||
24 | purposes. If the violation occurred in a dual
school district,
| ||||||
25 | $25 of the surcharge shall be paid to the elementary school | ||||||
26 | district for school
safety
purposes and $25 of the surcharge | ||||||
27 | shall be paid to the high school district for
school
safety | ||||||
28 | purposes. Notwithstanding any other provision of law, the | ||||||
29 | entire $50
surcharge
shall be paid to the appropriate school | ||||||
30 | district or districts.
| ||||||
31 | For purposes of this subsection (f), "school safety | ||||||
32 | purposes" includes the
costs
associated with school zone safety | ||||||
33 | education and
the purchase, installation, and maintenance of | ||||||
34 | caution lights
which are
mounted on school speed zone signs.
|
| |||||||
| |||||||
1 | (g) (Blank).
When a fine for a violation of subsection (b) | ||||||
2 | is $150 or greater,
the person who violates subsection (b) | ||||||
3 | shall be charged an additional $50.
The $50 surcharge shall be | ||||||
4 | deposited into the Transportation Safety Highway
Hire-back | ||||||
5 | Fund.
| ||||||
6 | (h) (Blank).
The
Transportation Safety Highway
Hire-back | ||||||
7 | Fund is created as a special fund in the State treasury.
| ||||||
8 | Subject to appropriation by the General Assembly and approval | ||||||
9 | by the
Secretary, the Secretary of Transportation shall use all | ||||||
10 | moneys in the
Transportation Safety Highway
Hire-back Fund to | ||||||
11 | hire off-duty Department of State Police officers to monitor
| ||||||
12 | construction or maintenance zones.
| ||||||
13 | (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | ||||||
14 | eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
| ||||||
15 | (625 ILCS 5/11-605.1 new) | ||||||
16 | Sec. 11-605.1. Special limit while traveling through a | ||||||
17 | highway construction or maintenance speed zone. | ||||||
18 | (a) A person may not operate a motor vehicle in a | ||||||
19 | construction or maintenance speed zone at a speed in excess of | ||||||
20 | the posted speed limit.
| ||||||
21 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
22 | speed-detecting devices within 500 feet of signs within a | ||||||
23 | construction or maintenance speed zone indicating the zone, as | ||||||
24 | defined in this Section, nor shall evidence obtained by use of | ||||||
25 | those devices be inadmissible in any prosecution for speeding, | ||||||
26 | provided the use of the device shall apply only to the | ||||||
27 | enforcement of the speed limit in the construction or | ||||||
28 | maintenance speed zone.
| ||||||
29 | (c) As used in this Section, a "construction or maintenance | ||||||
30 | speed zone" is an area in which the Department, Toll Highway | ||||||
31 | Authority, or local agency has determined that the preexisting | ||||||
32 | established speed limit through a highway construction or | ||||||
33 | maintenance project is greater than is reasonable or safe with |
| |||||||
| |||||||
1 | respect to the conditions expected to exist in the construction | ||||||
2 | or maintenance speed zone and has posted a lower speed limit | ||||||
3 | with a highway construction or maintenance speed zone special | ||||||
4 | speed limit sign. | ||||||
5 | Highway construction or maintenance speed zone special | ||||||
6 | speed limit signs shall be of a design approved by the | ||||||
7 | Department. The signs must give proper due warning that a | ||||||
8 | construction or maintenance speed zone is being approached and | ||||||
9 | must indicate the maximum speed limit in effect. The signs also | ||||||
10 | must state the amount of the minimum fine for a violation.
| ||||||
11 | (d) Except as provided under subsection (e), a first | ||||||
12 | violation of this Section is a petty offense with a minimum | ||||||
13 | fine of $375. A second or subsequent violation of this Section | ||||||
14 | is a petty offense with a minimum fine of $750. | ||||||
15 | (e) Whenever a police officer determines that a person | ||||||
16 | committed a violation of this Section by traveling 20 miles per | ||||||
17 | hour or more in excess of the posted construction or | ||||||
18 | maintenance speed zone speed limit, the officer may immediately | ||||||
19 | arrest and take into custody that person and may cause the | ||||||
20 | removal of the motor vehicle used in that offense. The motor | ||||||
21 | vehicle will be removed by a towing service, as authorized by a | ||||||
22 | law enforcement agency having jurisdiction, or by another | ||||||
23 | licensed driver having permission of the registered owner to | ||||||
24 | operate the motor vehicle. | ||||||
25 | A person who drives a vehicle within a construction or | ||||||
26 | maintenance speed zone at a speed that is 20 miles per hour or | ||||||
27 | more in excess of the posted construction or maintenance speed | ||||||
28 | zone speed limit commits a Class A misdemeanor.
| ||||||
29 | (f) If a fine for a violation of this Section is $375 or | ||||||
30 | greater, the person who violated this Section shall be charged | ||||||
31 | an additional $125, which shall be deposited into the | ||||||
32 | Transportation Safety Highway Hire-back Fund. In the case of a | ||||||
33 | second or subsequent violation of this Section, if the fine is | ||||||
34 | $750 or greater, the person who violated this Section shall be |
| |||||||
| |||||||
1 | charged an additional $250, which shall be deposited into the | ||||||
2 | Transportation Safety Highway Hire-back Fund.
| ||||||
3 | (g) The Transportation Safety Highway Hire-back Fund, | ||||||
4 | which was created by Public Act 92-619, shall continue to be a | ||||||
5 | special fund in the State treasury. Subject to appropriation by | ||||||
6 | the General Assembly and approval by the Secretary, the | ||||||
7 | Secretary of Transportation shall use all moneys in the | ||||||
8 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
9 | Department of State Police officers to monitor construction or | ||||||
10 | maintenance zones. | ||||||
11 | (h) For a second or subsequent violation of this Section, | ||||||
12 | the Secretary of State shall suspend the driver's license of | ||||||
13 | the violator for a period of not less than 90 days.
| ||||||
14 | (625 ILCS 5/11-605.2 new) | ||||||
15 | Sec. 11-605.2. Automated construction or maintenance speed | ||||||
16 | zone enforcement system. | ||||||
17 | (a) As used in this Section, an "automated construction or | ||||||
18 | maintenance speed zone enforcement system" is a system operated | ||||||
19 | by the Illinois State Police in cooperation with the Illinois | ||||||
20 | Department of Transportation or the Illinois State Toll Highway | ||||||
21 | Authority that records a driver's speed in a construction or | ||||||
22 | maintenance speed zone as defined in Section 11-605.1.
| ||||||
23 | (b) The Illinois State Police, in cooperation with the | ||||||
24 | Illinois Department of Transportation or the Illinois State | ||||||
25 | Toll Highway Authority, may operate an automated construction | ||||||
26 | or maintenance speed zone enforcement system on highways under | ||||||
27 | the jurisdiction of the Illinois Department of Transportation | ||||||
28 | or the Toll Highway Authority.
| ||||||
29 | (c) For each violation of Section 11-605.1 recorded by an | ||||||
30 | automated construction or maintenance speed zone enforcement | ||||||
31 | system, the Illinois State Police shall issue a written Uniform | ||||||
32 | Traffic Citation of the violation to the registered owner of | ||||||
33 | the vehicle as the alleged violator. |
| |||||||
| |||||||
1 | The Uniform Traffic Citation shall be delivered to the | ||||||
2 | registered owner of the vehicle, by mail, within 30 days of the | ||||||
3 | violation. The Uniform Traffic Citation shall include the name | ||||||
4 | and address of vehicle owner, the vehicle registration number, | ||||||
5 | the offense charged, the time, date, and location of the | ||||||
6 | violation, the first available court date, and a statement | ||||||
7 | indicating that the basis of the citation is the photograph or | ||||||
8 | other recorded image from the automated construction or | ||||||
9 | maintenance speed zone enforcement system. | ||||||
10 | (d) The Uniform Traffic Citation issued to the registered | ||||||
11 | owner of the vehicle shall be accompanied by a written notice, | ||||||
12 | the contents of which is set forth in subsection (e) of this | ||||||
13 | Section, explaining how the registered owner of the vehicle can | ||||||
14 | elect to proceed by either paying the fine or challenging the | ||||||
15 | issuance of the Uniform Traffic Citation. | ||||||
16 | (e) The written notice explaining the alleged violator's | ||||||
17 | rights and obligations must include the following text: | ||||||
18 | "You have been served with the accompanying Uniform Traffic | ||||||
19 | Citation and cited with having violated Section 11-605.1 of the | ||||||
20 | Illinois Vehicle Code. You can elect to proceed by: | ||||||
21 | 1. paying the fine; | ||||||
22 | 2. challenging the issuance of the Uniform Traffic | ||||||
23 | Citation in court; or | ||||||
24 | 3. if you were not the operator of the vehicle at the | ||||||
25 | time of the alleged offense, notifying in writing the | ||||||
26 | Illinois State Police of the number of the Uniform Traffic | ||||||
27 | Citation received and the name, driver's license number, | ||||||
28 | and address of the person operating the vehicle at the time | ||||||
29 | of the alleged offense. If you fail to so notify in writing | ||||||
30 | the Illinois State Police of the name, driver's license | ||||||
31 | number, and address of the person operating the vehicle at | ||||||
32 | the time of the alleged offense, you shall be presumed to | ||||||
33 | have been the operator of the vehicle at the time of the | ||||||
34 | alleged offense." |
| |||||||
| |||||||
1 | (f) If the registered owner of the vehicle was not the | ||||||
2 | operator of the vehicle at the time of the alleged offense, and | ||||||
3 | if the registered owner notifies the Illinois State Police of | ||||||
4 | the name, driver's license number, and address of the operator | ||||||
5 | of the vehicle at the time of the alleged offense, the Illinois | ||||||
6 | State Police shall then issue a written Uniform Traffic | ||||||
7 | Citation to the person alleged by the registered owner to have | ||||||
8 | been the operator of the vehicle at the time of the alleged | ||||||
9 | offense. If the registered owner fails to notify in writing the | ||||||
10 | Illinois State Police of the name, driver's license number, and | ||||||
11 | address of the operator of the vehicle at the time of the | ||||||
12 | alleged offense, the registered owner shall be presumed to have | ||||||
13 | been the operator of the vehicle at the time of the alleged | ||||||
14 | offense. | ||||||
15 | (g) A certificate alleging that a violation of Section | ||||||
16 | 11-605.1 occurred, sworn to or affirmed by a duly authorized | ||||||
17 | agency, based on inspection of recorded images produced by an | ||||||
18 | automated construction or maintenance speed zone enforcement | ||||||
19 | system, is evidence of the facts contained in the certificate | ||||||
20 | and is admissible in any proceeding alleging a violation under | ||||||
21 | this Section.
| ||||||
22 | (h) Photographs or recorded images made by an automated | ||||||
23 | construction or maintenance speed zone enforcement system are | ||||||
24 | confidential and shall be made available only to the alleged | ||||||
25 | violator and government and law enforcement agencies for | ||||||
26 | purposes of adjudicating a violation of Section 11-605.1 of | ||||||
27 | this Code. Any photograph or other recorded image evidencing a | ||||||
28 | violation of Section ll-605.1, however, is admissible in any | ||||||
29 | proceeding resulting from the issuance of the Uniform Traffic | ||||||
30 | Citation if there is reasonable and sufficient proof of the | ||||||
31 | accuracy of the camera or electronic instrument recording the | ||||||
32 | image. There is a rebuttable presumption that the photograph or | ||||||
33 | recorded image is accurate if the camera or electronic | ||||||
34 | recording instrument was in good working order before and after |
| |||||||
| |||||||
1 | the alleged offense. | ||||||
2 | (i) If any part or parts of this Section are held by a | ||||||
3 | court of competent jurisdiction to be unconstitutional, the | ||||||
4 | unconstitutionality shall not affect the validity of the | ||||||
5 | remaining parts of this Section. The General Assembly hereby | ||||||
6 | declares that it would have passed the remaining parts of this | ||||||
7 | Section if it had known that the other part or parts of this | ||||||
8 | Section would be declared unconstitutional. | ||||||
9 | (j) Except as provided in subsection (e) of Section | ||||||
10 | 11-605.1, violation of Section 11-605.1 as detected by an | ||||||
11 | automated construction or maintenance speed zone enforcement | ||||||
12 | system is a petty offense for which a fine of $375 shall be | ||||||
13 | imposed for a first violation and a fine of $750 shall be | ||||||
14 | imposed for a second of subsequent violation. | ||||||
15 | (k) If a fine for a violation of Section 11-605.1 is $375 | ||||||
16 | or greater, the person who violated Section 11-605.1 shall be | ||||||
17 | charged an additional $125, which shall be deposited into the | ||||||
18 | Transportation Safety Highway Hire-back Fund. In the case of a | ||||||
19 | second or subsequent violation of Section 11-605.1, if the fine | ||||||
20 | for the violations is $750 or greater, the person who violated | ||||||
21 | Section 11-605.1 shall be charged an additional $250, which | ||||||
22 | shall be deposited into the Transportation Safety Highway | ||||||
23 | Hire-back Fund. | ||||||
24 | (l) For a second or subsequent violation of Section | ||||||
25 | 11-605.1, the Secretary of State shall suspend the driver's | ||||||
26 | license of the violator for a period of not less than 90 days.
| ||||||
27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.".
|