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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||||
5 | Sections 6-103, 6-204, and 6-205 as follows:
| |||||||||||||||||||||||||
6 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| |||||||||||||||||||||||||
7 | Sec. 6-103. What persons shall not be licensed as drivers | |||||||||||||||||||||||||
8 | or granted
permits. The Secretary of State shall not issue, | |||||||||||||||||||||||||
9 | renew, or
allow the retention of any driver's
license nor issue | |||||||||||||||||||||||||
10 | any permit under this Code:
| |||||||||||||||||||||||||
11 | 1. To any person, as a driver, who is under the age of | |||||||||||||||||||||||||
12 | 18 years except
as provided in Section 6-107, and except | |||||||||||||||||||||||||
13 | that an instruction permit may be
issued under Section | |||||||||||||||||||||||||
14 | 6-107.1 to a child who
is not less than 15 years of age if | |||||||||||||||||||||||||
15 | the child is enrolled in an approved
driver education | |||||||||||||||||||||||||
16 | course as defined in Section 1-103 of this Code and
| |||||||||||||||||||||||||
17 | requires an instruction permit to participate therein, | |||||||||||||||||||||||||
18 | except that an
instruction permit may be issued under the | |||||||||||||||||||||||||
19 | provisions of Section 6-107.1
to a child who is 17 years | |||||||||||||||||||||||||
20 | and 9 months of age without the child having
enrolled in an
| |||||||||||||||||||||||||
21 | approved driver education course and except that an
| |||||||||||||||||||||||||
22 | instruction permit may be issued to a child who is at least | |||||||||||||||||||||||||
23 | 15 years and 6
months of age, is enrolled in school, meets |
| |||||||
| |||||||
1 | the educational requirements of
the Driver Education Act, | ||||||
2 | and has passed examinations the Secretary of State in
his | ||||||
3 | or her discretion may prescribe;
| ||||||
4 | 2. To any person who is under the age of 18 as an | ||||||
5 | operator of a motorcycle
other than a motor driven cycle | ||||||
6 | unless the person has, in addition to
meeting the | ||||||
7 | provisions of Section 6-107 of this Code, successfully
| ||||||
8 | completed a motorcycle
training course approved by the | ||||||
9 | Illinois Department of Transportation and
successfully | ||||||
10 | completes the required Secretary of State's motorcycle | ||||||
11 | driver's
examination;
| ||||||
12 | 3. To any person, as a driver, whose driver's license | ||||||
13 | or permit has been
suspended, during the suspension, nor to | ||||||
14 | any person whose driver's license or
permit has been | ||||||
15 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
16 | 6-208;
| ||||||
17 | 4. To any person, as a driver, who is a user of alcohol | ||||||
18 | or any other
drug to a degree that renders the person | ||||||
19 | incapable of safely driving a motor
vehicle;
| ||||||
20 | 5. To any person, as a driver, who has previously been | ||||||
21 | adjudged to be
afflicted with or suffering from any mental | ||||||
22 | or physical disability or disease
and who has not at the | ||||||
23 | time of application been restored to competency by the
| ||||||
24 | methods provided by law;
| ||||||
25 | 6. To any person, as a driver, who is required by the | ||||||
26 | Secretary of State
to submit an alcohol and drug evaluation |
| |||||||
| |||||||
1 | or take an examination provided
for in this Code unless the | ||||||
2 | person has
successfully passed the examination and | ||||||
3 | submitted any required evaluation;
| ||||||
4 | 7. To any person who is required under the provisions | ||||||
5 | of the laws of
this State to deposit security or proof of | ||||||
6 | financial responsibility and who
has not deposited the | ||||||
7 | security or proof;
| ||||||
8 | 8. To any person when the Secretary of State has good | ||||||
9 | cause to believe
that the person by reason of physical or | ||||||
10 | mental disability would not be
able to safely operate a | ||||||
11 | motor vehicle upon the highways, unless the
person shall | ||||||
12 | furnish to the Secretary of State a verified written
| ||||||
13 | statement, acceptable to the Secretary of State, from a | ||||||
14 | competent medical
specialist to the effect that the | ||||||
15 | operation of a motor vehicle by the
person would not be | ||||||
16 | inimical to the public safety;
| ||||||
17 | 9. To any person, as a driver, who is 69 years of age | ||||||
18 | or older, unless
the person has successfully complied with | ||||||
19 | the provisions of Section 6-109;
| ||||||
20 | 10. To any person convicted, within 12 months of | ||||||
21 | application for a
license, of any of the sexual offenses | ||||||
22 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
23 | 6-205;
| ||||||
24 | 11. To any person who is under the age of 21 years with | ||||||
25 | a classification
prohibited in paragraph (b) of Section | ||||||
26 | 6-104 and to any person who is under
the age of 18 years |
| |||||||
| |||||||
1 | with a classification prohibited in paragraph (c) of
| ||||||
2 | Section 6-104;
| ||||||
3 | 12. To any person who has been either convicted of or | ||||||
4 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
5 | a violation of the Cannabis Control
Act, the Illinois | ||||||
6 | Controlled Substances Act, or the Methamphetamine Control | ||||||
7 | and Community Protection Act while that person was in | ||||||
8 | actual
physical control of a motor vehicle. For purposes of | ||||||
9 | this Section, any person
placed on probation under Section | ||||||
10 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
11 | Controlled Substances Act, or Section 70 of the | ||||||
12 | Methamphetamine Control and Community Protection Act shall | ||||||
13 | not be considered convicted.
Any person found guilty of | ||||||
14 | this offense, while in actual physical control of a
motor | ||||||
15 | vehicle, shall have an entry made in the court record by | ||||||
16 | the judge that
this offense did occur while the person was | ||||||
17 | in actual physical control of a
motor vehicle and order the | ||||||
18 | clerk of the court to report the violation to the
Secretary | ||||||
19 | of State as such. The Secretary of State shall not issue a | ||||||
20 | new
license or permit for a period of one year;
| ||||||
21 | 13. To any person who is under the age of 18 years and | ||||||
22 | who has committed
the offense
of operating a motor vehicle | ||||||
23 | without a valid license or permit in violation of
Section | ||||||
24 | 6-101;
| ||||||
25 | 14. To any person who is
90 days or more
delinquent in | ||||||
26 | court ordered child support
payments or has been |
| |||||||
| |||||||
1 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
2 | obligation or more
and who has been found in contempt
of
| ||||||
3 | court for failure to pay the support, subject to the | ||||||
4 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
5 | the Illinois Vehicle Code;
| ||||||
6 | 15. To any person released from a term of imprisonment | ||||||
7 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
8 | similar provision of a law of another state relating to | ||||||
9 | reckless homicide or for violating subparagraph (F) of | ||||||
10 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
11 | Code relating to aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, intoxicating compound or | ||||||
13 | compounds, or any combination thereof, if the violation was | ||||||
14 | the proximate cause of a death, within
24 months of release | ||||||
15 | from a term of imprisonment;
| ||||||
16 | 16. To any person who, with intent to influence any act | ||||||
17 | related to the issuance of any driver's license or permit, | ||||||
18 | by an employee of the Secretary of State's Office, or the | ||||||
19 | owner or employee of any commercial driver training school | ||||||
20 | licensed by the Secretary of State, or any other individual | ||||||
21 | authorized by the laws of this State to give driving | ||||||
22 | instructions or administer all or part of a driver's | ||||||
23 | license examination, promises or tenders to that person any | ||||||
24 | property or personal advantage which that person is not | ||||||
25 | authorized by law to accept. Any persons promising or | ||||||
26 | tendering such property or personal advantage shall be |
| |||||||
| |||||||
1 | disqualified from holding any class of driver's license or | ||||||
2 | permit for 120 consecutive days. The Secretary of State | ||||||
3 | shall establish by rule the procedures for implementing | ||||||
4 | this period of disqualification and the procedures by which | ||||||
5 | persons so disqualified may obtain administrative review | ||||||
6 | of the decision to disqualify; or
| ||||||
7 | 17. To any person for whom the Secretary of State | ||||||
8 | cannot verify the
accuracy of any information or | ||||||
9 | documentation submitted in application for a
driver's | ||||||
10 | license ; or . | ||||||
11 | 18. To any person who has been adjudicated under the | ||||||
12 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
13 | determined by the court to have been committed in | ||||||
14 | furtherance of the criminal activities of an organized | ||||||
15 | gang, as provided in Section 5-710 of that Act. The person | ||||||
16 | shall be denied a license or permit for the period | ||||||
17 | determined by the court.
| ||||||
18 | The Secretary of State shall retain all conviction
| ||||||
19 | information, if the information is required to be held | ||||||
20 | confidential under
the Juvenile Court Act of 1987.
| ||||||
21 | (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783, | ||||||
22 | eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556, | ||||||
23 | eff. 9-11-05.)
| ||||||
24 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
25 | Sec. 6-204. When Court to forward License and Reports.
|
| |||||||
| |||||||
1 | (a) For the purpose of providing to the Secretary of State | ||||||
2 | the records
essential to the performance of the Secretary's | ||||||
3 | duties under this Code to
cancel, revoke or suspend the | ||||||
4 | driver's license and privilege to drive motor
vehicles of | ||||||
5 | certain minors adjudicated truant minors in need of | ||||||
6 | supervision,
addicted, or delinquent and of persons
found | ||||||
7 | guilty of the criminal offenses or traffic violations
which | ||||||
8 | this Code recognizes as evidence relating to unfitness to | ||||||
9 | safely operate
motor vehicles, the following duties are imposed | ||||||
10 | upon public officials:
| ||||||
11 | (1) Whenever any person is convicted of any offense for | ||||||
12 | which
this
Code makes mandatory the cancellation or | ||||||
13 | revocation of the driver's
license or permit of such person | ||||||
14 | by the Secretary of State, the judge of the
court in which | ||||||
15 | such conviction is had shall require the surrender to the | ||||||
16 | clerk
of the court of all driver's licenses or permits then | ||||||
17 | held by the person so
convicted, and the clerk of the court | ||||||
18 | shall, within 5 days thereafter, forward
the same, together | ||||||
19 | with a report of such conviction, to the Secretary.
| ||||||
20 | (2) Whenever any person is convicted of any offense | ||||||
21 | under this
Code or
similar offenses under a municipal | ||||||
22 | ordinance, other than regulations
governing standing, | ||||||
23 | parking or weights of vehicles, and excepting the
following | ||||||
24 | enumerated Sections of this Code: Sections 11-1406 | ||||||
25 | (obstruction
to driver's view or control), 11-1407 | ||||||
26 | (improper opening of door into
traffic), 11-1410 (coasting |
| |||||||
| |||||||
1 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
2 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
3 | vehicle which is in unsafe condition or improperly | ||||||
4 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
5 | 12-202 (clearance, identification and
side marker lamps), | ||||||
6 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
7 | to display the safety lights required), 12-401 | ||||||
8 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
9 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
10 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
11 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
12 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
13 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
14 | operated on highways),
12-710 (splash guards and | ||||||
15 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
16 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
17 | and address on second division vehicles), 15-107 (length of | ||||||
18 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
19 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
20 | 15-318 (weights), and also excepting the following
| ||||||
21 | enumerated Sections of the Chicago Municipal Code: | ||||||
22 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
23 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
24 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
25 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
26 | (obstruction to driver's view or driver mechanism),
27-267 |
| |||||||
| |||||||
1 | (dimming of headlights), 27-268 (unattended motor | ||||||
2 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
3 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
4 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
5 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
6 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
7 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
8 | traffic), 27-308 (stopping, standing or parking | ||||||
9 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
10 | regulations), 27-313 (parking regulations),
27-314 | ||||||
11 | (parking regulations), 27-315 (parking regulations), | ||||||
12 | 27-316 (parking
regulations), 27-317 (parking | ||||||
13 | regulations), 27-318 (parking regulations),
27-319 | ||||||
14 | (parking regulations), 27-320 (parking regulations), | ||||||
15 | 27-321 (parking
regulations), 27-322 (parking | ||||||
16 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
17 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
18 | the downtown district), 27-335 (load restrictions in
| ||||||
19 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
20 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
21 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
22 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
23 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
24 | (projecting of loads), and also excepting the following | ||||||
25 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
26 | Regulations of the Illinois
State Toll Highway Authority: |
| |||||||
| |||||||
1 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
2 | transporting dangerous cargo not properly indicated), it
| ||||||
3 | shall be the duty of the clerk of the court in which such | ||||||
4 | conviction is
had within 5 days thereafter to forward to | ||||||
5 | the Secretary of State a report of
the conviction and the | ||||||
6 | court may recommend the suspension of the driver's
license | ||||||
7 | or permit of the person so convicted.
| ||||||
8 | The reporting requirements of this subsection shall apply | ||||||
9 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
10 | subsection when the
individual has been adjudicated under the | ||||||
11 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
12 | reporting requirements shall also apply to
individuals | ||||||
13 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
14 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
15 | this Code, or
similar provision of a local ordinance, or | ||||||
16 | Section 9-3 of the Criminal Code
of 1961, as amended, relating | ||||||
17 | to the offense of reckless homicide. These reporting | ||||||
18 | requirements also apply to individuals adjudicated under the | ||||||
19 | Juvenile Court Act of 1987 based on any offense determined to | ||||||
20 | have been committed in furtherance of the criminal activities | ||||||
21 | of an organized gang, as provided in Section 5-710 of that Act.
| ||||||
22 | The reporting requirements of this subsection shall also apply | ||||||
23 | to
a truant minor in need of supervision, an addicted
minor, or | ||||||
24 | a delinquent minor and whose driver's license and privilege to
| ||||||
25 | drive a motor vehicle has been ordered suspended for such times | ||||||
26 | as determined
by the Court, but only until he or she attains
18 |
| |||||||
| |||||||
1 | years of age. It shall be the duty of the clerk of the court in | ||||||
2 | which
adjudication is had within 5 days thereafter to forward | ||||||
3 | to the Secretary of
State a report of the adjudication and the | ||||||
4 | court order requiring the Secretary
of State to suspend the | ||||||
5 | minor's driver's license and driving privilege for such
time as | ||||||
6 | determined by the Court, but only until he or she attains the | ||||||
7 | age of 18
years. All juvenile court dispositions reported to | ||||||
8 | the Secretary of State
under this provision shall be processed | ||||||
9 | by the Secretary of State as if the
cases had been adjudicated | ||||||
10 | in traffic or criminal court. However, information
reported | ||||||
11 | relative to the offense of reckless homicide, or Section 11-501 | ||||||
12 | of
this Code, or a similar provision of a local ordinance, | ||||||
13 | shall be privileged
and available only to the Secretary of | ||||||
14 | State, courts, and police officers.
| ||||||
15 | The reporting requirements of this subsection (a) | ||||||
16 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
17 | this subsection (a), excluding parking violations, when | ||||||
18 | the driver holds a CDL, regardless of the type of vehicle | ||||||
19 | in which the violation occurred, or when any driver | ||||||
20 | committed the violation in a commercial motor vehicle as | ||||||
21 | defined in Section 6-500 of this Code.
| ||||||
22 | (3) Whenever an order is entered vacating the | ||||||
23 | forfeiture of any
bail,
security or bond given to secure | ||||||
24 | appearance for any offense under this
Code or similar | ||||||
25 | offenses under municipal ordinance, it shall be the duty
of | ||||||
26 | the clerk of the court in which such vacation was had or |
| |||||||
| |||||||
1 | the judge of
such court if such court has no clerk, within | ||||||
2 | 5 days thereafter to
forward to the Secretary of State a | ||||||
3 | report of the vacation.
| ||||||
4 | (4) A report of any disposition of court supervision | ||||||
5 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
6 | similar provision of a local ordinance,
11-503 and 11-504 | ||||||
7 | shall be forwarded to the Secretary of State.
A report of | ||||||
8 | any disposition of court supervision for a violation of an | ||||||
9 | offense
defined as a serious traffic violation in this Code | ||||||
10 | or a similar provision of a
local ordinance committed by a | ||||||
11 | person under the age of 21 years shall be
forwarded to the | ||||||
12 | Secretary of State.
| ||||||
13 | (5) Reports of conviction
under this Code
and | ||||||
14 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
15 | an electronic format
or a computer processible medium
shall
| ||||||
16 | be
forwarded to the Secretary of State via the Supreme | ||||||
17 | Court in the form and
format required by the Illinois | ||||||
18 | Supreme Court and established by a written
agreement | ||||||
19 | between the Supreme Court and the Secretary of State.
In | ||||||
20 | counties with a population over 300,000, instead of | ||||||
21 | forwarding reports to
the Supreme Court, reports of | ||||||
22 | conviction
under this Code
and sentencing hearings under | ||||||
23 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
24 | computer processible medium
may
be forwarded to the | ||||||
25 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
26 | format required by the Secretary of State and established |
| |||||||
| |||||||
1 | by written agreement
between the Circuit Court Clerk and | ||||||
2 | the Secretary of State. Failure to
forward the reports of | ||||||
3 | conviction or sentencing hearing under the Juvenile
Court | ||||||
4 | Act of 1987 as required by this Section shall be
deemed an | ||||||
5 | omission of duty and it shall be the duty of the several | ||||||
6 | State's
Attorneys to enforce the requirements of this | ||||||
7 | Section.
| ||||||
8 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
9 | court, as a
result of confiscation by a police officer pursuant | ||||||
10 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
11 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
12 | restricted driving permit and a facsimile of
the officer's | ||||||
13 | citation to the Secretary of State as expeditiously as
| ||||||
14 | practicable.
| ||||||
15 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
16 | collateral
deposited to secure a defendant's appearance in | ||||||
17 | court when forfeiture
has not been vacated, or the failure of a | ||||||
18 | defendant to appear for trial
after depositing his driver's | ||||||
19 | license in lieu of other bail, shall be
equivalent to a | ||||||
20 | conviction.
| ||||||
21 | (d) For the purpose of providing the Secretary of State | ||||||
22 | with records
necessary to properly monitor and assess driver | ||||||
23 | performance and assist the
courts in the proper disposition of | ||||||
24 | repeat traffic law offenders, the clerk
of the court shall | ||||||
25 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
26 | Secretary, records of a driver's participation in a driver |
| |||||||
| |||||||
1 | remedial
or rehabilitative program which was required, through | ||||||
2 | a court order or court
supervision, in relation to the driver's | ||||||
3 | arrest for a violation of Section
11-501 of this Code or a | ||||||
4 | similar provision of a local ordinance.
The clerk of the court | ||||||
5 | shall also forward to the Secretary, either on
paper or in an | ||||||
6 | electronic format or a computer processible medium as required
| ||||||
7 | under paragraph (5) of subsection (a) of this Section, any | ||||||
8 | disposition
of court supervision for any traffic violation,
| ||||||
9 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
10 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
11 | after disposition, or, if
the driver is
referred to a driver
| ||||||
12 | remedial or rehabilitative program, within 5 days of the | ||||||
13 | driver's referral
to that program.
These reports received by | ||||||
14 | the Secretary of State, including those required to
be | ||||||
15 | forwarded under paragraph (a)(4), shall be privileged | ||||||
16 | information, available
only (i) to the affected driver and (ii) | ||||||
17 | for use by the courts, police
officers, prosecuting | ||||||
18 | authorities, and the Secretary of State. In accordance with 49 | ||||||
19 | C.F.R. Part 384, all reports of court supervision, except | ||||||
20 | violations related to parking, shall be forwarded to the | ||||||
21 | Secretary of State for all holders of a CDL or any driver who | ||||||
22 | commits an offense while driving a commercial motor vehicle. | ||||||
23 | These reports shall be recorded to the driver's record as a | ||||||
24 | conviction for use in the disqualification of the driver's | ||||||
25 | commercial motor vehicle privileges and shall not be privileged | ||||||
26 | information.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
| ||||||
2 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
3 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
4 | Hardship cases.
| ||||||
5 | (a) Except as provided in this Section, the Secretary of | ||||||
6 | State shall
immediately revoke the license, permit, or driving | ||||||
7 | privileges of
any driver upon receiving a
report of the | ||||||
8 | driver's conviction of any of the following offenses:
| ||||||
9 | 1. Reckless homicide resulting from the operation of a | ||||||
10 | motor vehicle;
| ||||||
11 | 2. Violation of Section 11-501 of this Code or a | ||||||
12 | similar provision of
a local ordinance relating to the | ||||||
13 | offense of operating or being in physical
control of a | ||||||
14 | vehicle while under the influence of alcohol, other drug or
| ||||||
15 | drugs, intoxicating compound or compounds, or any | ||||||
16 | combination thereof;
| ||||||
17 | 3. Any felony under the laws of any State or the | ||||||
18 | federal government
in the commission of which a motor | ||||||
19 | vehicle was used;
| ||||||
20 | 4. Violation of Section 11-401 of this Code relating to | ||||||
21 | the offense of
leaving the scene of a traffic accident | ||||||
22 | involving death or personal injury;
| ||||||
23 | 5. Perjury or the making of a false affidavit or | ||||||
24 | statement under
oath to the Secretary of State under this | ||||||
25 | Code or under any
other law relating to the ownership or |
| |||||||
| |||||||
1 | operation of motor vehicles;
| ||||||
2 | 6. Conviction upon 3 charges of violation of Section | ||||||
3 | 11-503 of this
Code relating to the offense of reckless | ||||||
4 | driving committed within a
period of 12 months;
| ||||||
5 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
6 | of this Code;
| ||||||
7 | 8. Violation of Section 11-504 of this Code relating to | ||||||
8 | the offense
of drag racing;
| ||||||
9 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
10 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
11 | 1961 arising from
the use of a motor vehicle;
| ||||||
12 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
13 | to aggravated
fleeing or attempting to elude a peace | ||||||
14 | officer;
| ||||||
15 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
16 | Section 6-507,
or a similar law of any other state, | ||||||
17 | relating to the
unlawful operation of a commercial motor | ||||||
18 | vehicle;
| ||||||
19 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
20 | this Code or a
similar provision of a local ordinance if | ||||||
21 | the driver has been previously
convicted of a violation of | ||||||
22 | that Section or a similar provision of a local
ordinance | ||||||
23 | and the driver was less than 21 years of age at the time of | ||||||
24 | the
offense.
| ||||||
25 | (b) The Secretary of State shall also immediately revoke | ||||||
26 | the license
or permit of any driver in the following |
| |||||||
| |||||||
1 | situations:
| ||||||
2 | 1. Of any minor upon receiving the notice provided for | ||||||
3 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
4 | minor has been
adjudicated under that Act as having | ||||||
5 | committed an offense relating to
motor vehicles prescribed | ||||||
6 | in Section 4-103 of this Code;
| ||||||
7 | 2. Of any person when any other law of this State | ||||||
8 | requires either the
revocation or suspension of a license | ||||||
9 | or permit ; . | ||||||
10 | 3. Of any person adjudicated under the Juvenile Court | ||||||
11 | Act of 1987 based on an offense determined to have been | ||||||
12 | committed in furtherance of the criminal activities of an | ||||||
13 | organized gang as provided in Section 5-710 of that Act. | ||||||
14 | The revocation shall remain in effect for the period | ||||||
15 | determined by the court.
| ||||||
16 | (c) Whenever a person is convicted of any of the offenses | ||||||
17 | enumerated in
this Section, the court may recommend and the | ||||||
18 | Secretary of State in his
discretion, without regard to whether | ||||||
19 | the recommendation is made by the
court may, upon application,
| ||||||
20 | issue to the person a
restricted driving permit granting the | ||||||
21 | privilege of driving a motor
vehicle between the petitioner's | ||||||
22 | residence and petitioner's place
of employment or within the | ||||||
23 | scope of the petitioner's employment related
duties, or to | ||||||
24 | allow transportation for the petitioner or a household member
| ||||||
25 | of the petitioner's family for the receipt of necessary medical | ||||||
26 | care or, if
the professional evaluation indicates, provide |
| |||||||
| |||||||
1 | transportation for the
petitioner for alcohol remedial or | ||||||
2 | rehabilitative activity, or for the
petitioner to attend | ||||||
3 | classes, as a student, in an accredited educational
| ||||||
4 | institution; if the petitioner is able to demonstrate that no | ||||||
5 | alternative means
of transportation is reasonably available | ||||||
6 | and the petitioner will not endanger
the public safety or | ||||||
7 | welfare; provided that the Secretary's discretion shall be
| ||||||
8 | limited to cases where undue hardship would result from a | ||||||
9 | failure to issue the
restricted driving permit.
| ||||||
10 | If a person's license or permit has been revoked or | ||||||
11 | suspended due to 2 or
more convictions of violating Section | ||||||
12 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
13 | or a similar out-of-state offense, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been equipped | ||||||
16 | with an ignition
interlock device as defined in Section | ||||||
17 | 1-129.1.
| ||||||
18 | If a person's license or permit has been revoked or | ||||||
19 | suspended 2 or more
times within a 10 year period due to a | ||||||
20 | single conviction of violating Section
11-501 of this Code or a | ||||||
21 | similar provision of a local ordinance or a similar
| ||||||
22 | out-of-state offense, and a statutory summary suspension under | ||||||
23 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
24 | or combination of 2
offenses, or of an offense and a statutory | ||||||
25 | summary suspension, arising out of
separate occurrences, that | ||||||
26 | person, if issued a restricted
driving permit, may not operate |
| |||||||
| |||||||
1 | a vehicle unless it has been equipped with an
ignition | ||||||
2 | interlock device as defined in Section 1-129.1.
The person must | ||||||
3 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
4 | not to exceed $20 per month. The Secretary shall establish by | ||||||
5 | rule the amount
and the procedures, terms, and conditions | ||||||
6 | relating to these fees.
If the restricted driving permit was | ||||||
7 | issued for employment purposes, then
this provision does not | ||||||
8 | apply to the operation of an occupational vehicle
owned or | ||||||
9 | leased by that person's employer.
In each case the Secretary of | ||||||
10 | State may issue a
restricted driving permit for a period he | ||||||
11 | deems appropriate, except that the
permit shall expire within | ||||||
12 | one year from the date of issuance. The Secretary
may not, | ||||||
13 | however, issue a restricted driving permit to any person whose | ||||||
14 | current
revocation is the result of a second or subsequent | ||||||
15 | conviction for a violation
of Section 11-501 of this Code or a | ||||||
16 | similar provision of a local ordinance
relating to the offense | ||||||
17 | of operating or being in physical control of a motor
vehicle | ||||||
18 | while under the influence of alcohol, other drug or drugs, | ||||||
19 | intoxicating
compound or compounds, or any similar | ||||||
20 | out-of-state offense, or any combination
thereof, until the | ||||||
21 | expiration of at least one year from the date of the
| ||||||
22 | revocation. A restricted
driving permit issued under this | ||||||
23 | Section shall be
subject to cancellation, revocation, and | ||||||
24 | suspension by the Secretary of
State in like manner and for | ||||||
25 | like cause as a driver's license issued
under this Code may be | ||||||
26 | cancelled, revoked, or
suspended; except that a conviction upon |
| |||||||
| |||||||
1 | one or more offenses against laws or
ordinances regulating the | ||||||
2 | movement of traffic shall be deemed sufficient cause
for the | ||||||
3 | revocation, suspension, or cancellation of a restricted | ||||||
4 | driving permit.
The Secretary of State may, as a condition to | ||||||
5 | the issuance of a restricted
driving permit, require the | ||||||
6 | applicant to participate in a designated driver
remedial or | ||||||
7 | rehabilitative program. The Secretary of State is authorized to
| ||||||
8 | cancel a restricted driving permit if the permit holder does | ||||||
9 | not successfully
complete the program. However, if an | ||||||
10 | individual's driving privileges have been
revoked in | ||||||
11 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
12 | no
restricted driving permit shall be issued until the | ||||||
13 | individual has served 6
months of the revocation period.
| ||||||
14 | (d) Whenever a person under the age of 21 is convicted | ||||||
15 | under Section
11-501 of this Code or a similar provision of a | ||||||
16 | local ordinance, the
Secretary of State shall revoke the | ||||||
17 | driving privileges of that person. One
year after the date of | ||||||
18 | revocation, and upon application, the Secretary of
State may, | ||||||
19 | if satisfied that the person applying will not endanger the
| ||||||
20 | public safety or welfare, issue a restricted driving permit | ||||||
21 | granting the
privilege of driving a motor vehicle only between | ||||||
22 | the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | ||||||
23 | Section for a period of one year.
After this one year period, | ||||||
24 | and upon reapplication for a license as
provided in Section | ||||||
25 | 6-106, upon payment of the appropriate reinstatement
fee | ||||||
26 | provided under paragraph (b) of Section 6-118, the Secretary of |
| |||||||
| |||||||
1 | State,
in his discretion, may
issue the applicant a
license, or | ||||||
2 | extend the restricted driving permit as many times as the
| ||||||
3 | Secretary of State deems appropriate, by additional periods of | ||||||
4 | not more than
12 months each, until the applicant attains 21 | ||||||
5 | years of age.
| ||||||
6 | If a person's license or permit has been revoked or | ||||||
7 | suspended due to 2 or
more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
9 | or a similar out-of-state offense, arising out
of separate | ||||||
10 | occurrences, that person, if issued a restricted driving | ||||||
11 | permit,
may not operate a vehicle unless it has been equipped | ||||||
12 | with an ignition
interlock device as defined in Section | ||||||
13 | 1-129.1.
| ||||||
14 | If a person's license or permit has been revoked or | ||||||
15 | suspended 2 or more times
within a 10 year period due to a | ||||||
16 | single conviction of violating Section 11-501
of this
Code or a | ||||||
17 | similar provision of a local ordinance or a similar | ||||||
18 | out-of-state
offense, and
a statutory summary suspension under | ||||||
19 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
20 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
21 | summary
suspension, arising out of separate occurrences, that | ||||||
22 | person, if issued a
restricted
driving permit, may not operate | ||||||
23 | a vehicle unless it has been equipped with an
ignition | ||||||
24 | interlock device as defined in Section 1-129.1.
The person must | ||||||
25 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
26 | not to exceed $20 per month. The Secretary shall establish by |
| |||||||
| |||||||
1 | rule the amount
and the procedures, terms, and conditions | ||||||
2 | relating to these fees.
If the restricted driving permit was | ||||||
3 | issued for employment purposes, then
this provision does not | ||||||
4 | apply to the operation of an occupational vehicle
owned or | ||||||
5 | leased by that person's employer. A
restricted driving permit | ||||||
6 | issued under this Section shall be subject to
cancellation, | ||||||
7 | revocation, and suspension by the Secretary of State in like
| ||||||
8 | manner and for like cause as a driver's license issued under | ||||||
9 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
10 | a conviction upon one or more
offenses against laws or | ||||||
11 | ordinances regulating the movement of traffic
shall be deemed | ||||||
12 | sufficient cause for the revocation, suspension, or
| ||||||
13 | cancellation of a restricted driving permit.
The revocation | ||||||
14 | periods contained in this subparagraph shall apply to similar
| ||||||
15 | out-of-state convictions.
| ||||||
16 | (e) This Section is subject to the provisions of the Driver | ||||||
17 | License
Compact.
| ||||||
18 | (f) Any revocation imposed upon any person under | ||||||
19 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
20 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
21 | period of time.
| ||||||
22 | (g) The Secretary of State shall not issue a restricted | ||||||
23 | driving permit to
a person under the age of 16 years whose | ||||||
24 | driving privileges have been revoked
under any provisions of | ||||||
25 | this Code.
| ||||||
26 | (h) The Secretary of State shall require the use of |
| |||||||
| |||||||
1 | ignition interlock
devices on all vehicles owned by an | ||||||
2 | individual who has been convicted of a
second or subsequent | ||||||
3 | offense under Section 11-501 of this Code or a similar
| ||||||
4 | provision of a local ordinance. The Secretary shall establish | ||||||
5 | by rule and
regulation the procedures for certification and use | ||||||
6 | of the interlock
system.
| ||||||
7 | (i) The Secretary of State may not issue a restricted | ||||||
8 | driving permit for
a period of one year after a second or | ||||||
9 | subsequent revocation of driving
privileges under clause | ||||||
10 | (a)(2) of this Section; however, one
year after the date of a | ||||||
11 | second or subsequent revocation of driving privileges
under | ||||||
12 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
13 | application, issue a restricted driving permit under the terms | ||||||
14 | and
conditions of subsection (c).
| ||||||
15 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
16 | State may not issue a restricted driving permit for the | ||||||
17 | operation of a commercial motor vehicle to a person holding a | ||||||
18 | CDL whose driving privileges have been revoked under any | ||||||
19 | provisions of this Code.
| ||||||
20 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
21 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
22 | changing Section 5-710 as follows:
| ||||||
23 | (705 ILCS 405/5-710)
| ||||||
24 | Sec. 5-710. Kinds of sentencing orders.
|
| |||||||
| |||||||
1 | (1) The following kinds of sentencing orders may be made in | ||||||
2 | respect of
wards of the court:
| ||||||
3 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
4 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
5 | (i) put on probation or conditional discharge and | ||||||
6 | released to his or her
parents, guardian or legal | ||||||
7 | custodian, provided, however, that any such minor
who | ||||||
8 | is not committed to the Department of Juvenile Justice | ||||||
9 | under
this subsection and who is found to be a | ||||||
10 | delinquent for an offense which is
first degree murder, | ||||||
11 | a Class X felony, or a forcible felony shall be placed | ||||||
12 | on
probation;
| ||||||
13 | (ii) placed in accordance with Section 5-740, with | ||||||
14 | or without also being
put on probation or conditional | ||||||
15 | discharge;
| ||||||
16 | (iii) required to undergo a substance abuse | ||||||
17 | assessment conducted by a
licensed provider and | ||||||
18 | participate in the indicated clinical level of care;
| ||||||
19 | (iv) placed in the guardianship of the Department | ||||||
20 | of Children and Family
Services, but only if the | ||||||
21 | delinquent minor is under 13 years of age;
| ||||||
22 | (v) placed in detention for a period not to exceed | ||||||
23 | 30 days, either as
the
exclusive order of disposition | ||||||
24 | or, where appropriate, in conjunction with any
other | ||||||
25 | order of disposition issued under this paragraph, | ||||||
26 | provided that any such
detention shall be in a juvenile |
| |||||||
| |||||||
1 | detention home and the minor so detained shall
be 10 | ||||||
2 | years of age or older. However, the 30-day limitation | ||||||
3 | may be extended by
further order of the court for a | ||||||
4 | minor under age 13 committed to the Department
of | ||||||
5 | Children and Family Services if the court finds that | ||||||
6 | the minor is a danger
to himself or others. The minor | ||||||
7 | shall be given credit on the sentencing order
of | ||||||
8 | detention for time spent in detention under Sections | ||||||
9 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
10 | result of the offense for which the sentencing order | ||||||
11 | was imposed.
The court may grant credit on a sentencing | ||||||
12 | order of detention entered under a
violation of | ||||||
13 | probation or violation of conditional discharge under | ||||||
14 | Section
5-720 of this Article for time spent in | ||||||
15 | detention before the filing of the
petition
alleging | ||||||
16 | the violation. A minor shall not be deprived of credit | ||||||
17 | for time spent
in detention before the filing of a | ||||||
18 | violation of probation or conditional
discharge | ||||||
19 | alleging the same or related act or acts;
| ||||||
20 | (vi) ordered partially or completely emancipated | ||||||
21 | in accordance with the
provisions of the Emancipation | ||||||
22 | of Minors Act;
| ||||||
23 | (vii) subject to having his or her driver's license | ||||||
24 | or driving
privileges
suspended for such time as | ||||||
25 | determined by the court but only until he or she
| ||||||
26 | attains 18 years of age;
|
| |||||||
| |||||||
1 | (viii) put on probation or conditional discharge | ||||||
2 | and placed in detention
under Section 3-6039 of the | ||||||
3 | Counties Code for a period not to exceed the period
of | ||||||
4 | incarceration permitted by law for adults found guilty | ||||||
5 | of the same offense
or offenses for which the minor was | ||||||
6 | adjudicated delinquent, and in any event no
longer than | ||||||
7 | upon attainment of age 21; this subdivision (viii) | ||||||
8 | notwithstanding
any contrary provision of the law; or
| ||||||
9 | (ix) ordered to undergo a medical or other | ||||||
10 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
11 | street gang removed from his or her body.
| ||||||
12 | (b) A minor found to be guilty may be committed to the | ||||||
13 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
14 | minor is 13 years of age or
older,
provided that the | ||||||
15 | commitment to the Department of Juvenile Justice shall be | ||||||
16 | made only if a term of incarceration is permitted by law | ||||||
17 | for
adults found guilty of the offense for which the minor | ||||||
18 | was adjudicated
delinquent. The time during which a minor | ||||||
19 | is in custody before being released
upon the request of a | ||||||
20 | parent, guardian or legal custodian shall be considered
as | ||||||
21 | time spent in detention.
| ||||||
22 | (c) When a minor is found to be guilty for an offense | ||||||
23 | which is a violation
of the Illinois Controlled Substances | ||||||
24 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
25 | Control and Community Protection Act and made
a ward of the | ||||||
26 | court, the court may enter a disposition order requiring |
| |||||||
| |||||||
1 | the
minor to undergo assessment,
counseling or treatment in | ||||||
2 | a substance abuse program approved by the Department
of | ||||||
3 | Human Services.
| ||||||
4 | (2) Any sentencing order other than commitment to the | ||||||
5 | Department of
Juvenile Justice may provide for protective | ||||||
6 | supervision under
Section 5-725 and may include an order of | ||||||
7 | protection under Section 5-730.
| ||||||
8 | (3) Unless the sentencing order expressly so provides, it | ||||||
9 | does not operate
to close proceedings on the pending petition, | ||||||
10 | but is subject to modification
until final closing and | ||||||
11 | discharge of the proceedings under Section 5-750.
| ||||||
12 | (4) In addition to any other sentence, the court may order | ||||||
13 | any
minor
found to be delinquent to make restitution, in | ||||||
14 | monetary or non-monetary form,
under the terms and conditions | ||||||
15 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
16 | that the "presentencing hearing" referred to in that
Section
| ||||||
17 | shall be
the sentencing hearing for purposes of this Section. | ||||||
18 | The parent, guardian or
legal custodian of the minor may be | ||||||
19 | ordered by the court to pay some or all of
the restitution on | ||||||
20 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
21 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
22 | victim in seeking restitution in proceedings under this
| ||||||
23 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
24 | Parental
Responsibility Law.
| ||||||
25 | (5) Any sentencing order where the minor is committed or | ||||||
26 | placed in
accordance
with Section 5-740 shall provide for the |
| |||||||
| |||||||
1 | parents or guardian of the estate of
the minor to pay to the | ||||||
2 | legal custodian or guardian of the person of the minor
such | ||||||
3 | sums as are determined by the custodian or guardian of the | ||||||
4 | person of the
minor as necessary for the minor's needs. The | ||||||
5 | payments may not exceed the
maximum amounts provided for by | ||||||
6 | Section 9.1 of the Children and Family Services
Act.
| ||||||
7 | (6) Whenever the sentencing order requires the minor to | ||||||
8 | attend school or
participate in a program of training, the | ||||||
9 | truant officer or designated school
official shall regularly | ||||||
10 | report to the court if the minor is a chronic or
habitual | ||||||
11 | truant under Section 26-2a of the School Code.
| ||||||
12 | (7) In no event shall a guilty minor be committed to the | ||||||
13 | Department of
Juvenile Justice for a period of time in
excess | ||||||
14 | of
that period for which an adult could be committed for the | ||||||
15 | same act.
| ||||||
16 | (8) A minor found to be guilty for reasons that include a | ||||||
17 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
18 | be ordered to perform
community service for not less than 30 | ||||||
19 | and not more than 120 hours, if
community service is available | ||||||
20 | in the jurisdiction. The community service
shall include, but | ||||||
21 | need not be limited to, the cleanup and repair of the damage
| ||||||
22 | that was caused by the violation or similar damage to property | ||||||
23 | located in the
municipality or county in which the violation | ||||||
24 | occurred. The order may be in
addition to any other order | ||||||
25 | authorized by this Section.
| ||||||
26 | (8.5) A minor found to be guilty for reasons that include a |
| |||||||
| |||||||
1 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
2 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
3 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
4 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
5 | psychological treatment rendered by a clinical psychologist.
| ||||||
6 | The order
may be in addition to any other order authorized by | ||||||
7 | this Section.
| ||||||
8 | (9) In addition to any other sentencing order, the court | ||||||
9 | shall order any
minor found
to be guilty for an act which would | ||||||
10 | constitute, predatory criminal sexual
assault of a child, | ||||||
11 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
12 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
13 | committed by an
adult to undergo medical testing to determine | ||||||
14 | whether the defendant has any
sexually transmissible disease | ||||||
15 | including a test for infection with human
immunodeficiency | ||||||
16 | virus (HIV) or any other identified causative agency of
| ||||||
17 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
18 | shall be performed
only by appropriately licensed medical | ||||||
19 | practitioners and may include an
analysis of any bodily fluids | ||||||
20 | as well as an examination of the minor's person.
Except as | ||||||
21 | otherwise provided by law, the results of the test shall be | ||||||
22 | kept
strictly confidential by all medical personnel involved in | ||||||
23 | the testing and must
be personally delivered in a sealed | ||||||
24 | envelope to the judge of the court in which
the sentencing | ||||||
25 | order was entered for the judge's inspection in camera. Acting
| ||||||
26 | in accordance with the best interests of the victim and the |
| |||||||
| |||||||
1 | public, the judge
shall have the discretion to determine to | ||||||
2 | whom the results of the testing may
be revealed. The court | ||||||
3 | shall notify the minor of the results of the test for
infection | ||||||
4 | with the human immunodeficiency virus (HIV). The court shall | ||||||
5 | also
notify the victim if requested by the victim, and if the | ||||||
6 | victim is under the
age of 15 and if requested by the victim's | ||||||
7 | parents or legal guardian, the court
shall notify the victim's | ||||||
8 | parents or the legal guardian, of the results of the
test for | ||||||
9 | infection with the human immunodeficiency virus (HIV). The | ||||||
10 | court
shall provide information on the availability of HIV | ||||||
11 | testing and counseling at
the Department of Public Health | ||||||
12 | facilities to all parties to whom the
results of the testing | ||||||
13 | are revealed. The court shall order that the cost of
any test | ||||||
14 | shall be paid by the county and may be taxed as costs against | ||||||
15 | the
minor.
| ||||||
16 | (10) When a court finds a minor to be guilty the court | ||||||
17 | shall, before
entering a sentencing order under this Section, | ||||||
18 | make a finding whether the
offense committed either: (a) was | ||||||
19 | related to or in furtherance of the criminal
activities of an | ||||||
20 | organized gang or was motivated by the minor's membership in
or | ||||||
21 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
22 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
23 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
24 | of 1961, or a violation of any
statute that involved the | ||||||
25 | wrongful use of a firearm. If the court determines
the question | ||||||
26 | in the affirmative,
and the court does not commit the minor to |
| |||||||
| |||||||
1 | the Department of Juvenile Justice, the court shall order the | ||||||
2 | minor to perform community service
for not less than 30 hours | ||||||
3 | nor more than 120 hours, provided that community
service is | ||||||
4 | available in the jurisdiction and is funded and approved by the
| ||||||
5 | county board of the county where the offense was committed. The | ||||||
6 | community
service shall include, but need not be limited to, | ||||||
7 | the cleanup and repair of
any damage caused by a violation of | ||||||
8 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
9 | to property located in the municipality or county in which
the | ||||||
10 | violation occurred. When possible and reasonable, the | ||||||
11 | community service
shall be performed in the minor's | ||||||
12 | neighborhood. This order shall be in
addition to any other | ||||||
13 | order authorized by this Section
except for an order to place | ||||||
14 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
15 | For the purposes of this Section, "organized
gang" has the | ||||||
16 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (11) If the court determines that the offense was committed | ||||||
19 | in furtherance of the criminal activities of an organized gang, | ||||||
20 | as provided in subsection (10), the court shall notify the | ||||||
21 | Secretary of State of that determination and of the period for | ||||||
22 | which the minor shall be denied driving privileges. If, at the | ||||||
23 | time of the determination, the minor does not hold a driver's | ||||||
24 | license or permit, the court shall provide that the minor shall | ||||||
25 | not be issued a driver's license or permit until his or her | ||||||
26 | 18th birthday. If the minor holds a driver's license or permit |
| |||||||
| |||||||
1 | at the time of the determination, the court shall provide that | ||||||
2 | the minor's driver's license or permit shall be revoked until | ||||||
3 | his or her 21st birthday, or until a later date or occurrence | ||||||
4 | determined by the court.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
|