102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5496

 

Introduced 1/31/2022, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts by replacing the term "accident", in relation to automobiles, motor vehicles, and traffic accidents, with the term "crash". Provides that a State agency may exhaust any forms or documents using "accident" prior to printing copies of a new version using "crash". Effective immediately.


LRB102 25260 LNS 34533 b

 

 

A BILL FOR

 

HB5496LRB102 25260 LNS 34533 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

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1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

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1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic crashes accidents, traffic crash
13        accident reports, and rescue reports shall be provided
14        by agencies of local government, except when
15        disclosure would interfere with an active criminal
16        investigation conducted by the agency that is the
17        recipient of the request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

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1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (d-6) Records contained in the Officer Professional
13    Conduct Database under Section 9.2 9.4 of the Illinois
14    Police Training Act, except to the extent authorized under
15    that Section. This includes the documents supplied to the
16    Illinois Law Enforcement Training Standards Board from the
17    Illinois State Police and Illinois State Police Merit
18    Board.
19        (e) Records that relate to or affect the security of
20    correctional institutions and detention facilities.
21        (e-5) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials are available in the library of the correctional
25    institution or facility or jail where the inmate is
26    confined.

 

 

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1        (e-6) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials include records from staff members' personnel
5    files, staff rosters, or other staffing assignment
6    information.
7        (e-7) Records requested by persons committed to the
8    Department of Corrections or Department of Human Services
9    Division of Mental Health if those materials are available
10    through an administrative request to the Department of
11    Corrections or Department of Human Services Division of
12    Mental Health.
13        (e-8) Records requested by a person committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail, the
16    disclosure of which would result in the risk of harm to any
17    person or the risk of an escape from a jail or correctional
18    institution or facility.
19        (e-9) Records requested by a person in a county jail
20    or committed to the Department of Corrections or
21    Department of Human Services Division of Mental Health,
22    containing personal information pertaining to the person's
23    victim or the victim's family, including, but not limited
24    to, a victim's home address, home telephone number, work
25    or school address, work telephone number, social security
26    number, or any other identifying information, except as

 

 

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1    may be relevant to a requester's current or potential case
2    or claim.
3        (e-10) Law enforcement records of other persons
4    requested by a person committed to the Department of
5    Corrections, Department of Human Services Division of
6    Mental Health, or a county jail, including, but not
7    limited to, arrest and booking records, mug shots, and
8    crime scene photographs, except as these records may be
9    relevant to the requester's current or potential case or
10    claim.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those
18    records of officers and agencies of the General Assembly
19    that pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged, or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only

 

 

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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension
6    fund, from a private equity fund or a privately held
7    company within the investment portfolio of a private
8    equity fund as a result of either investing or evaluating
9    a potential investment of public funds in a private equity
10    fund. The exemption contained in this item does not apply
11    to the aggregate financial performance information of a
12    private equity fund, nor to the identity of the fund's
13    managers or general partners. The exemption contained in
14    this item does not apply to the identity of a privately
15    held company within the investment portfolio of a private
16    equity fund, unless the disclosure of the identity of a
17    privately held company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in

 

 

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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced
5    by any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by
9    news media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and

 

 

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1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including, but not limited to, power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public
18    under Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that
21    would not be subject to discovery in litigation, and
22    materials prepared or compiled by or for a public body in
23    anticipation of a criminal, civil, or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.

 

 

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1        (n) Records relating to a public body's adjudication
2    of employee grievances or disciplinary cases; however,
3    this exemption shall not extend to the final outcome of
4    cases in which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including, but
7    not limited to, software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of
21    an applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding

 

 

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1    under the Eminent Domain Act, records, documents, and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents, and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
22        (u) Information that would disclose or might lead to
23    the disclosure of secret or confidential information,
24    codes, algorithms, programs, or private keys intended to
25    be used to create electronic signatures under the Uniform
26    Electronic Transactions Act.

 

 

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1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a
4    community's population or systems, facilities, or
5    installations, the destruction or contamination of which
6    would constitute a clear and present danger to the health
7    or safety of the community, but only to the extent that
8    disclosure could reasonably be expected to jeopardize the
9    effectiveness of the measures or the safety of the
10    personnel who implement them or the public. Information
11    exempt under this item may include such things as details
12    pertaining to the mobilization or deployment of personnel
13    or equipment, to the operation of communication systems or
14    protocols, or to tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    bids, or negotiations related to electric power
23    procurement under Section 1-75 of the Illinois Power
24    Agency Act and Section 16-111.5 of the Public Utilities
25    Act that is determined to be confidential and proprietary
26    by the Illinois Power Agency or by the Illinois Commerce

 

 

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1    Commission.
2        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) Information regarding interments, entombments, or
15    inurnments of human remains that are submitted to the
16    Cemetery Oversight Database under the Cemetery Care Act or
17    the Cemetery Oversight Act, whichever is applicable.
18        (dd) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Illinois Public Aid
20    Code or (ii) that pertain to appeals under Section 11-8 of
21    the Illinois Public Aid Code.
22        (ee) The names, addresses, or other personal
23    information of persons who are minors and are also
24    participants and registrants in programs of park
25    districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation

 

 

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1    associations.
2        (ff) The names, addresses, or other personal
3    information of participants and registrants in programs of
4    park districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations where such programs are targeted primarily to
7    minors.
8        (gg) Confidential information described in Section
9    1-100 of the Illinois Independent Tax Tribunal Act of
10    2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to
18    the Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request
24    to the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section

 

 

HB5496- 15 -LRB102 25260 LNS 34533 b

1    5-535 of the Civil Administrative Code of Illinois.
2        (kk) The public body's credit card numbers, debit card
3    numbers, bank account numbers, Federal Employer
4    Identification Number, security code numbers, passwords,
5    and similar account information, the disclosure of which
6    could result in identity theft or impression or defrauding
7    of a governmental entity or a person.
8        (ll) Records concerning the work of the threat
9    assessment team of a school district.
10    (1.5) Any information exempt from disclosure under the
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
25101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
266-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 

 

 

HB5496- 16 -LRB102 25260 LNS 34533 b

1    Section 10. The State Employee Indemnification Act is
2amended by changing Section 2 as follows:
 
3    (5 ILCS 350/2)  (from Ch. 127, par. 1302)
4    Sec. 2. Representation and indemnification of State
5employees.
6    (a) In the event that any civil proceeding is commenced
7against any State employee arising out of any act or omission
8occurring within the scope of the employee's State employment,
9the Attorney General shall, upon timely and appropriate notice
10to him by such employee, appear on behalf of such employee and
11defend the action. In the event that any civil proceeding is
12commenced against any physician who is an employee of the
13Department of Corrections or the Department of Human Services
14(in a position relating to the Department's mental health and
15developmental disabilities functions) alleging death or bodily
16injury or other injury to the person of the complainant
17resulting from and arising out of any act or omission
18occurring on or after December 3, 1977 within the scope of the
19employee's State employment, or against any physician who is
20an employee of the Department of Veterans' Affairs alleging
21death or bodily injury or other injury to the person of the
22complainant resulting from and arising out of any act or
23omission occurring on or after the effective date of this
24amendatory Act of 1988 within the scope of the employee's

 

 

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1State employment, or in the event that any civil proceeding is
2commenced against any attorney who is an employee of the State
3Appellate Defender alleging legal malpractice or for other
4damages resulting from and arising out of any legal act or
5omission occurring on or after December 3, 1977, within the
6scope of the employee's State employment, or in the event that
7any civil proceeding is commenced against any individual or
8organization who contracts with the Department of Labor to
9provide services as a carnival and amusement ride safety
10inspector alleging malpractice, death or bodily injury or
11other injury to the person arising out of any act or omission
12occurring on or after May 1, 1985, within the scope of that
13employee's State employment, the Attorney General shall, upon
14timely and appropriate notice to him by such employee, appear
15on behalf of such employee and defend the action. Any such
16notice shall be in writing, shall be mailed within 15 days
17after the date of receipt by the employee of service of
18process, and shall authorize the Attorney General to represent
19and defend the employee in the proceeding. The giving of this
20notice to the Attorney General shall constitute an agreement
21by the State employee to cooperate with the Attorney General
22in his defense of the action and a consent that the Attorney
23General shall conduct the defense as he deems advisable and in
24the best interests of the employee, including settlement in
25the Attorney General's discretion. In any such proceeding, the
26State shall pay the court costs and litigation expenses of

 

 

HB5496- 18 -LRB102 25260 LNS 34533 b

1defending such action, to the extent approved by the Attorney
2General as reasonable, as they are incurred.
3    (b) In the event that the Attorney General determines that
4so appearing and defending an employee either (1) involves an
5actual or potential conflict of interest, or (2) that the act
6or omission which gave rise to the claim was not within the
7scope of the employee's State employment or was intentional,
8wilful or wanton misconduct, the Attorney General shall
9decline in writing to appear or defend or shall promptly take
10appropriate action to withdraw as attorney for such employee.
11Upon receipt of such declination or upon such withdrawal by
12the Attorney General on the basis of an actual or potential
13conflict of interest, the State employee may employ his own
14attorney to appear and defend, in which event the State shall
15pay the employee's court costs, litigation expenses and
16attorneys' fees to the extent approved by the Attorney General
17as reasonable, as they are incurred. In the event that the
18Attorney General declines to appear or withdraws on the
19grounds that the act or omission was not within the scope of
20employment, or was intentional, wilful or wanton misconduct,
21and a court or jury finds that the act or omission of the State
22employee was within the scope of employment and was not
23intentional, wilful or wanton misconduct, the State shall
24indemnify the State employee for any damages awarded and court
25costs and attorneys' fees assessed as part of any final and
26unreversed judgment. In such event the State shall also pay

 

 

HB5496- 19 -LRB102 25260 LNS 34533 b

1the employee's court costs, litigation expenses and attorneys'
2fees to the extent approved by the Attorney General as
3reasonable.
4    In the event that the defendant in the proceeding is an
5elected State official, including members of the General
6Assembly, the elected State official may retain his or her
7attorney, provided that said attorney shall be reasonably
8acceptable to the Attorney General. In such case the State
9shall pay the elected State official's court costs, litigation
10expenses, and attorneys' fees, to the extent approved by the
11Attorney General as reasonable, as they are incurred.
12    (b-5) The Attorney General may file a counterclaim on
13behalf of a State employee, provided:
14        (1) the Attorney General determines that the State
15    employee is entitled to representation in a civil action
16    under this Section;
17        (2) the counterclaim arises out of any act or omission
18    occurring within the scope of the employee's State
19    employment that is the subject of the civil action; and
20        (3) the employee agrees in writing that if judgment is
21    entered in favor of the employee, the amount of the
22    judgment shall be applied to offset any judgment that may
23    be entered in favor of the plaintiff, and then to
24    reimburse the State treasury for court costs and
25    litigation expenses required to pursue the counterclaim.
26    The balance of the collected judgment shall be paid to the

 

 

HB5496- 20 -LRB102 25260 LNS 34533 b

1    State employee.
2    (c) Notwithstanding any other provision of this Section,
3representation and indemnification of a judge under this Act
4shall also be provided in any case where the plaintiff seeks
5damages or any equitable relief as a result of any decision,
6ruling or order of a judge made in the course of his or her
7judicial or administrative duties, without regard to the
8theory of recovery employed by the plaintiff. Indemnification
9shall be for all damages awarded and all court costs, attorney
10fees and litigation expenses assessed against the judge. When
11a judge has been convicted of a crime as a result of his or her
12intentional judicial misconduct in a trial, that judge shall
13not be entitled to indemnification and representation under
14this subsection in any case maintained by a party who seeks
15damages or other equitable relief as a direct result of the
16judge's intentional judicial misconduct.
17    (d) In any such proceeding where notice in accordance with
18this Section has been given to the Attorney General, unless
19the court or jury finds that the conduct or inaction which gave
20rise to the claim or cause of action was intentional, wilful or
21wanton misconduct and was not intended to serve or benefit
22interests of the State, the State shall indemnify the State
23employee for any damages awarded and court costs and
24attorneys' fees assessed as part of any final and unreversed
25judgment, or shall pay such judgment. Unless the Attorney
26General determines that the conduct or inaction which gave

 

 

HB5496- 21 -LRB102 25260 LNS 34533 b

1rise to the claim or cause of action was intentional, wilful or
2wanton misconduct and was not intended to serve or benefit
3interests of the State, the case may be settled, in the
4Attorney General's discretion and with the employee's consent,
5and the State shall indemnify the employee for any damages,
6court costs and attorneys' fees agreed to as part of the
7settlement, or shall pay such settlement. Where the employee
8is represented by private counsel, any settlement must be so
9approved by the Attorney General and the court having
10jurisdiction, which shall obligate the State to indemnify the
11employee.
12    (e) (i) Court costs and litigation expenses and other
13costs of providing a defense or counterclaim, including
14attorneys' fees obligated under this Section, shall be paid
15from the State Treasury on the warrant of the Comptroller out
16of appropriations made to the Department of Central Management
17Services specifically designed for the payment of costs, fees
18and expenses covered by this Section.
19    (ii) Upon entry of a final judgment against the employee,
20or upon the settlement of the claim, the employee shall cause
21to be served a copy of such judgment or settlement, personally
22or by certified or registered mail within thirty days of the
23date of entry or settlement, upon the chief administrative
24officer of the department, office or agency in which he is
25employed. If not inconsistent with the provisions of this
26Section, such judgment or settlement shall be certified for

 

 

HB5496- 22 -LRB102 25260 LNS 34533 b

1payment by such chief administrative officer and by the
2Attorney General. The judgment or settlement shall be paid
3from the State Treasury on the warrant of the Comptroller out
4of appropriations made to the Department of Central Management
5Services specifically designed for the payment of claims
6covered by this Section.
7    (f) Nothing contained or implied in this Section shall
8operate, or be construed or applied, to deprive the State, or
9any employee thereof, of any defense heretofore available.
10    (g) This Section shall apply regardless of whether the
11employee is sued in his or her individual or official
12capacity.
13    (h) This Section shall not apply to claims for bodily
14injury or damage to property arising from motor vehicle
15crashes accidents.
16    (i) This Section shall apply to all proceedings filed on
17or after its effective date, and to any proceeding pending on
18its effective date, if the State employee gives notice to the
19Attorney General as provided in this Section within 30 days of
20the Act's effective date.
21    (j) The amendatory changes made to this Section by this
22amendatory Act of 1986 shall apply to all proceedings filed on
23or after the effective date of this amendatory Act of 1986 and
24to any proceeding pending on its effective date, if the State
25employee gives notice to the Attorney General as provided in
26this Section within 30 days of the effective date of this

 

 

HB5496- 23 -LRB102 25260 LNS 34533 b

1amendatory Act of 1986.
2    (k) This Act applies to all State officials who are
3serving as trustees, or their appointing authorities, of a
4clean energy community trust or as members of a not-for-profit
5foundation or corporation established pursuant to Section
616-111.1 of the Public Utilities Act.
7    (l) The State shall not provide representation for, nor
8shall it indemnify, any State employee in (i) any criminal
9proceeding in which the employee is a defendant or (ii) any
10criminal investigation in which the employee is the target.
11Nothing in this Act shall be construed to prohibit the State
12from providing representation to a State employee who is a
13witness in a criminal matter arising out of that employee's
14State employment.
15(Source: P.A. 99-461, eff. 1-1-17.)
 
16    Section 15. The Illinois Identification Card Act is
17amended by changing Section 11A as follows:
 
18    (15 ILCS 335/11A)
19    Sec. 11A. Emergency contact database.
20    (a) The Secretary of State shall establish a database of
21the emergency contacts of persons who hold identification
22cards. Information in the database shall be accessible only to
23employees of the Office of the Secretary and law enforcement
24officers employed by a law enforcement agency. Law enforcement

 

 

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1officers may share information contained in the emergency
2contact database, including disabilities and special needs
3information, with other public safety workers on scene, as
4needed to conduct official law enforcement duties.
5    (b) Any person holding an identification card shall be
6afforded the opportunity to provide the Secretary of State, in
7a manner and form designated by the Secretary of State, the
8name, address, telephone number, and relationship to the
9holder of no more than 2 emergency contact persons whom the
10holder wishes to be contacted by a law enforcement officer if
11the holder is involved in a motor vehicle crash accident or
12other emergency situation and the holder is unable to
13communicate with the contact person or persons and may
14designate whether the holder has a disability or is a special
15needs individual. A contact person need not be the holder's
16next of kin.
17    (c) The Secretary shall adopt rules to implement this
18Section. At a minimum, the rules shall address all of the
19following:
20        (1) the method whereby a holder may provide the
21    Secretary of State with emergency contact, disability, and
22    special needs information;
23        (2) the method whereby a holder may provide the
24    Secretary of State with a change to the emergency contact,
25    disability, and special needs information; and
26        (3) any other aspect of the database or its operation

 

 

HB5496- 25 -LRB102 25260 LNS 34533 b

1    that the Secretary determines is necessary to implement
2    this Section.
3    (d) If a person involved in a motor vehicle crash accident
4or other emergency situation is unable to communicate with the
5contact person or persons specified in the database, a law
6enforcement officer shall make a good faith effort to notify
7the contact person or persons of the situation. Neither the
8law enforcement officer nor the law enforcement agency that
9employs that law enforcement officer incurs any liability,
10however, if the law enforcement officer is not able to make
11contact with the contact person. Except for willful or wanton
12misconduct, neither the law enforcement officer, nor the law
13enforcement agency that employs the law enforcement officer,
14shall incur any liability relating to the reporting or use of
15the database during a motor vehicle crash accident or other
16emergency situation.
17    (e) The Secretary of State shall make a good faith effort
18to maintain accurate data as provided by the identification
19card holder and to provide that information to law enforcement
20as provided in subsection (a). The Secretary of State is not
21liable for any damages, costs, or expenses, including, without
22limitation, consequential damages, arising or resulting from
23any inaccurate or incomplete data or system unavailability.
24Except for willful or wanton misconduct, the Secretary of
25State shall not incur any liability relating to the reporting
26of disabilities or special needs individuals.

 

 

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1    (f) As used in this Section:
2    "Disability" means an individual's physical or mental
3impairment that substantially limits one or more of the major
4life activities; a record of such impairment; or when the
5individual is regarded as having such impairment.
6    "Public safety worker" means a person employed by this
7State or a political subdivision thereof that provides
8firefighting, law enforcement, medical, or other emergency
9services.
10    "Special needs individuals" means those individuals who
11have or are at increased risk for a chronic physical,
12developmental, behavioral, or emotional condition and who also
13require health and related services of a type or amount beyond
14that required by individuals generally.
15(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
16    Section 20. The Department of Transportation Law of the
17Civil Administrative Code of Illinois is amended by changing
18Sections 2705-210 and 2705-317 as follows:
 
19    (20 ILCS 2705/2705-210)  (was 20 ILCS 2705/49.15)
20    Sec. 2705-210. Traffic control and prevention of crashes
21accidents. The Department has the power to develop,
22consolidate, and coordinate effective programs and activities
23for the advancement of driver education, for the facilitation
24of the movement of motor vehicle traffic, and for the

 

 

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1protection and conservation of life and property on the
2streets and highways of this State and to advise, recommend,
3and consult with the several departments, divisions, boards,
4commissions, and other agencies of this State in regard to
5those programs and activities. The Department has the power to
6aid and assist the counties, cities, towns, and other
7political subdivisions of this State in the control of traffic
8and the prevention of traffic crashes accidents. That aid and
9assistance to counties, cities, towns, and other political
10subdivisions of this State shall include assistance with
11regard to planning, traffic flow, light synchronizing,
12preferential lanes for carpools, and carpool parking
13allocations.
14    To further the prevention of crashes accidents, the
15Department shall conduct a traffic study following the
16occurrence of any crash accident involving a pedestrian
17fatality that occurs at an intersection of a State highway.
18The study shall include, but not be limited to, consideration
19of alternative geometric design improvements, traffic control
20devices, and any other improvements that the Department deems
21necessary. The Department shall make the results of the study
22available to the public on its website.
23(Source: P.A. 102-333, eff. 1-1-22.)
 
24    (20 ILCS 2705/2705-317)
25    Sec. 2705-317. Safe Routes to School Construction Program.

 

 

HB5496- 28 -LRB102 25260 LNS 34533 b

1    (a) Upon enactment of a federal transportation bill with a
2dedicated fund available to states for safe routes to schools,
3the Department, in cooperation with the State Board of
4Education and the Illinois State Police, shall establish and
5administer a Safe Routes to School Construction Program for
6the construction of bicycle and pedestrian safety and
7traffic-calming projects using the federal Safe Routes to
8Schools Program funds.
9    (b) The Department shall make construction grants
10available to local governmental agencies under the Safe Routes
11to School Construction Program based on the results of a
12statewide competition that requires submission of Safe Routes
13to School proposals for funding and that rates those proposals
14on all of the following factors:
15        (1) Demonstrated needs of the grant applicant.
16        (2) Potential of the proposal for reducing child
17    injuries and fatalities.
18        (3) Potential of the proposal for encouraging
19    increased walking and bicycling among students.
20        (4) Identification of safety hazards.
21        (5) Identification of current and potential walking
22    and bicycling routes to school.
23        (6) Consultation and support for projects by
24    school-based associations, local traffic engineers, local
25    elected officials, law enforcement agencies, and school
26    officials.

 

 

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1        (7) Proximity to parks and other recreational
2    facilities.
3    With respect to the use of federal Safe Routes to Schools
4Program funds, prior to the award of a construction grant or
5the use of those funds for a Safe Routes to School project
6encompassing a highway, the Department shall consult with and
7obtain approval from the Illinois State Police and the highway
8authority with jurisdiction to ensure that the Safe Routes to
9School proposal is consistent with a statewide pedestrian
10safety statistical analysis.
11    (c) On March 30, 2006 and each March 30th thereafter, the
12Department shall submit a report to the General Assembly
13listing and describing the projects funded under the Safe
14Routes to School Construction Program.
15    (d) The Department shall study the effectiveness of the
16Safe Routes to School Construction Program, with particular
17emphasis on the Program's effectiveness in reducing traffic
18crashes accidents and its contribution to improving safety and
19reducing the number of child injuries and fatalities in the
20vicinity of a Safe Routes to School project. The Department
21shall submit a report to the General Assembly on or before
22December 31, 2006 regarding the results of the study.
23    (e) The Department, the State Board of Education, and the
24Illinois State Police may adopt any rules necessary to
25implement this Section.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB5496- 30 -LRB102 25260 LNS 34533 b

1    Section 25. The Peace Officer Fire Investigation Act is
2amended by changing Section 1 as follows:
 
3    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
4    Sec. 1. Peace officer status.
5    (a) Any person who is a sworn member of any organized and
6paid fire department of a political subdivision of this State
7and is authorized to investigate fires or explosions for such
8political subdivision and to determine the cause, origin and
9circumstances of fires or explosions that are suspected to be
10arson or arson-related crimes, may be classified as a peace
11officer by the political subdivision or agency employing such
12person. A person so classified shall possess the same powers
13of arrest, search and seizure and the securing and service of
14warrants as sheriffs of counties, and police officers within
15the jurisdiction of their political subdivision. While in the
16actual investigation and matters incident thereto, such person
17may carry weapons as may be necessary, but only if that person
18has satisfactorily completed (1) a training program offered or
19approved by the Illinois Law Enforcement Training Standards
20Board which substantially conforms to standards promulgated
21pursuant to the Illinois Police Training Act and the Peace
22Officer and Probation Officer Firearm Training Act; and (2) a
23course in fire and arson investigation approved by the Office
24of the State Fire Marshal pursuant to the Illinois Fire

 

 

HB5496- 31 -LRB102 25260 LNS 34533 b

1Protection Training Act. Such training need not include
2exposure to vehicle and traffic law, traffic control and crash
3accident investigation, or first aid, but shall include
4training in the law relating to the rights of persons
5suspected of involvement in criminal activities.
6    Any person granted the powers enumerated in this
7subsection (a) may exercise such powers only during the actual
8investigation of the cause, origin and circumstances of such
9fires or explosions that are suspected to be arson or
10arson-related crimes.
11    (b) Persons employed by the Office of the State Fire
12Marshal to conduct arson investigations shall be designated
13State Fire Marshal Arson Investigator Special Agents and shall
14be peace officers with all of the powers of peace officers in
15cities and sheriffs in counties, except that they may exercise
16those powers throughout the State. These Special Agents may
17exercise these powers only when engaging in official duties
18during the actual investigation of the cause, origin, and
19circumstances of such fires or explosions that are suspected
20to be arson or arson-related crimes and may carry weapons at
21all times, but only if they have satisfactorily completed (1)
22a training course approved by the Illinois Law Enforcement
23Training Standards Board that substantially conforms to the
24standards promulgated pursuant to the Peace Officer and
25Probation Officer Firearm Training Act and (2) a course in
26fire and arson investigation approved by the Office of the

 

 

HB5496- 32 -LRB102 25260 LNS 34533 b

1State Fire Marshal pursuant to the Illinois Fire Protection
2Training Act. Such training need not include exposure to
3vehicle and traffic law, traffic control and crash accident
4investigation, or first aid, but shall include training in the
5law relating to the rights of persons suspected of involvement
6in criminal activities.
7    For purposes of this subsection (b), a "State Fire Marshal
8Arson Investigator Special Agent" does not include any fire
9investigator, fireman, police officer, or other employee of
10the federal government; any fire investigator, fireman, police
11officer, or other employee of any unit of local government; or
12any fire investigator, fireman, police officer, or other
13employee of the State of Illinois other than an employee of the
14Office of the State Fire Marshal assigned to investigate
15arson.
16    The State Fire Marshal must authorize to each employee of
17the Office of the State Fire Marshal who is exercising the
18powers of a peace officer a distinct badge that, on its face,
19(i) clearly states that the badge is authorized by the Office
20of the State Fire Marshal and (ii) contains a unique
21identifying number. No other badge shall be authorized by the
22Office of the State Fire Marshal, except that a badge,
23different from the badge issued to peace officers, may be
24authorized by the Office of the State Fire Marshal for the use
25of fire prevention inspectors employed by that Office. Nothing
26in this subsection prohibits the State Fire Marshal from

 

 

HB5496- 33 -LRB102 25260 LNS 34533 b

1issuing shields or other distinctive identification to
2employees not exercising the powers of a peace officer if the
3State Fire Marshal determines that a shield or distinctive
4identification is needed by the employee to carry out his or
5her responsibilities.
6    (c) The Office of the State Fire Marshal shall establish a
7policy to allow a State Fire Marshal Arson Investigator
8Special Agent who is honorably retiring or separating in good
9standing to purchase either one or both of the following: (i)
10any badge previously issued to that State Fire Marshal Arson
11Investigator Special Agent; or (ii) if the State Fire Marshal
12Arson Investigator Special Agent has a currently valid Firearm
13Owner's Identification Card, the service firearm issued or
14previously issued to the State Fire Marshal Arson Investigator
15Special Agent by the Office of the State Fire Marshal. The cost
16of the firearm purchased shall be the replacement value of the
17firearm and not the firearm's fair market value. All funds
18received by the agency under this program shall be deposited
19into the Fire Prevention Fund.
20(Source: P.A. 100-931, eff. 8-17-18.)
 
21    Section 29. The Illinois Pension Code is amended by
22changing Section 1-108 as follows:
 
23    (40 ILCS 5/1-108)  (from Ch. 108 1/2, par. 1-108)
24    Sec. 1-108. (a) In any proceeding commenced against an

 

 

HB5496- 34 -LRB102 25260 LNS 34533 b

1employee of a pension fund, alleging a civil wrong arising out
2of any act or omission occurring within the scope of the
3employee's pension fund employment, unless the court or the
4jury finds that the conduct which gave rise to the claim was
5intentional, wilful or wanton misconduct, the pension fund
6shall indemnify the employee for any damages awarded and court
7costs and attorneys' fees assessed as part of any final and
8unreversed judgment and any attorneys' fees, court costs and
9litigation expenses incurred by the employee in defending the
10claim. In any such proceeding if a majority of the board or
11trustees who are not a party to the action determine that the
12conduct which gave rise to the claim was not intentional,
13wilful or wanton misconduct, the board or trustees may agree
14to settlement of the proceeding and the pension fund shall
15indemnify the employee for any damages, court costs and
16attorneys' fees agreed to as part of the settlement and any
17attorneys' fees, court costs and litigation expenses incurred
18in defending the claim.
19    (b) No employee of a pension fund shall be entitled to
20indemnification under this Section unless within 15 days after
21receipt by the employee of service of process, he shall give
22written notice of such proceeding to the pension fund.
23    (c) Each pension fund may insure against loss or liability
24of employees which may arise as a result of these claims. This
25insurance shall be carried by a company authorized to provide
26such coverage in this State.

 

 

HB5496- 35 -LRB102 25260 LNS 34533 b

1    (d) Nothing contained or implied in this Section shall
2operate, or be construed or applied, to deprive the State or a
3pension fund, or any other employee thereof, of any immunity
4or any defense heretofore available.
5    (e) This Section shall apply regardless of whether the
6employee is sued in his or her individual or official
7capacity.
8    (f) This Section shall not apply to claims for bodily
9injury or damage to property arising from motor vehicle
10crashes accidents.
11    (g) This Section shall apply to all proceedings filed on
12or after its effective date, and to any proceeding pending on
13its effective date, if the pension fund employee gives notice
14to the pension fund within 30 days of the Act's effective date.
15(Source: P.A. 80-1078.)
 
16    Section 30. The Illinois Police Training Act is amended by
17changing Section 7 as follows:
 
18    (50 ILCS 705/7)
19    (Text of Section before amendment by P.A. 102-345)
20    Sec. 7. Rules and standards for schools. The Board shall
21adopt rules and minimum standards for such schools which shall
22include, but not be limited to, the following:
23        a. The curriculum for probationary law enforcement
24    officers which shall be offered by all certified schools

 

 

HB5496- 36 -LRB102 25260 LNS 34533 b

1    shall include, but not be limited to, courses of
2    procedural justice, arrest and use and control tactics,
3    search and seizure, including temporary questioning, civil
4    rights, human rights, human relations, cultural
5    competency, including implicit bias and racial and ethnic
6    sensitivity, criminal law, law of criminal procedure,
7    constitutional and proper use of law enforcement
8    authority, crisis intervention training, vehicle and
9    traffic law including uniform and non-discriminatory
10    enforcement of the Illinois Vehicle Code, traffic control
11    and crash accident investigation, techniques of obtaining
12    physical evidence, court testimonies, statements, reports,
13    firearms training, training in the use of electronic
14    control devices, including the psychological and
15    physiological effects of the use of those devices on
16    humans, first-aid (including cardiopulmonary
17    resuscitation), training in the administration of opioid
18    antagonists as defined in paragraph (1) of subsection (e)
19    of Section 5-23 of the Substance Use Disorder Act,
20    handling of juvenile offenders, recognition of mental
21    conditions and crises, including, but not limited to, the
22    disease of addiction, which require immediate assistance
23    and response and methods to safeguard and provide
24    assistance to a person in need of mental treatment,
25    recognition of abuse, neglect, financial exploitation, and
26    self-neglect of adults with disabilities and older adults,

 

 

HB5496- 37 -LRB102 25260 LNS 34533 b

1    as defined in Section 2 of the Adult Protective Services
2    Act, crimes against the elderly, law of evidence, the
3    hazards of high-speed police vehicle chases with an
4    emphasis on alternatives to the high-speed chase, and
5    physical training. The curriculum shall include specific
6    training in techniques for immediate response to and
7    investigation of cases of domestic violence and of sexual
8    assault of adults and children, including cultural
9    perceptions and common myths of sexual assault and sexual
10    abuse as well as interview techniques that are age
11    sensitive and are trauma informed, victim centered, and
12    victim sensitive. The curriculum shall include training in
13    techniques designed to promote effective communication at
14    the initial contact with crime victims and ways to
15    comprehensively explain to victims and witnesses their
16    rights under the Rights of Crime Victims and Witnesses Act
17    and the Crime Victims Compensation Act. The curriculum
18    shall also include training in effective recognition of
19    and responses to stress, trauma, and post-traumatic stress
20    experienced by law enforcement officers that is consistent
21    with Section 25 of the Illinois Mental Health First Aid
22    Training Act in a peer setting, including recognizing
23    signs and symptoms of work-related cumulative stress,
24    issues that may lead to suicide, and solutions for
25    intervention with peer support resources. The curriculum
26    shall include a block of instruction addressing the

 

 

HB5496- 38 -LRB102 25260 LNS 34533 b

1    mandatory reporting requirements under the Abused and
2    Neglected Child Reporting Act. The curriculum shall also
3    include a block of instruction aimed at identifying and
4    interacting with persons with autism and other
5    developmental or physical disabilities, reducing barriers
6    to reporting crimes against persons with autism, and
7    addressing the unique challenges presented by cases
8    involving victims or witnesses with autism and other
9    developmental disabilities. The curriculum shall include
10    training in the detection and investigation of all forms
11    of human trafficking. The curriculum shall also include
12    instruction in trauma-informed responses designed to
13    ensure the physical safety and well-being of a child of an
14    arrested parent or immediate family member; this
15    instruction must include, but is not limited to: (1)
16    understanding the trauma experienced by the child while
17    maintaining the integrity of the arrest and safety of
18    officers, suspects, and other involved individuals; (2)
19    de-escalation tactics that would include the use of force
20    when reasonably necessary; and (3) inquiring whether a
21    child will require supervision and care. The curriculum
22    for probationary law enforcement officers shall include:
23    (1) at least 12 hours of hands-on, scenario-based
24    role-playing; (2) at least 6 hours of instruction on use
25    of force techniques, including the use of de-escalation
26    techniques to prevent or reduce the need for force

 

 

HB5496- 39 -LRB102 25260 LNS 34533 b

1    whenever safe and feasible; (3) specific training on
2    officer safety techniques, including cover, concealment,
3    and time; and (4) at least 6 hours of training focused on
4    high-risk traffic stops. The curriculum for permanent law
5    enforcement officers shall include, but not be limited to:
6    (1) refresher and in-service training in any of the
7    courses listed above in this subparagraph, (2) advanced
8    courses in any of the subjects listed above in this
9    subparagraph, (3) training for supervisory personnel, and
10    (4) specialized training in subjects and fields to be
11    selected by the board. The training in the use of
12    electronic control devices shall be conducted for
13    probationary law enforcement officers, including
14    University police officers.
15        b. Minimum courses of study, attendance requirements
16    and equipment requirements.
17        c. Minimum requirements for instructors.
18        d. Minimum basic training requirements, which a
19    probationary law enforcement officer must satisfactorily
20    complete before being eligible for permanent employment as
21    a local law enforcement officer for a participating local
22    governmental or State governmental agency. Those
23    requirements shall include training in first aid
24    (including cardiopulmonary resuscitation).
25        e. Minimum basic training requirements, which a
26    probationary county corrections officer must

 

 

HB5496- 40 -LRB102 25260 LNS 34533 b

1    satisfactorily complete before being eligible for
2    permanent employment as a county corrections officer for a
3    participating local governmental agency.
4        f. Minimum basic training requirements which a
5    probationary court security officer must satisfactorily
6    complete before being eligible for permanent employment as
7    a court security officer for a participating local
8    governmental agency. The Board shall establish those
9    training requirements which it considers appropriate for
10    court security officers and shall certify schools to
11    conduct that training.
12        A person hired to serve as a court security officer
13    must obtain from the Board a certificate (i) attesting to
14    the officer's successful completion of the training
15    course; (ii) attesting to the officer's satisfactory
16    completion of a training program of similar content and
17    number of hours that has been found acceptable by the
18    Board under the provisions of this Act; or (iii) attesting
19    to the Board's determination that the training course is
20    unnecessary because of the person's extensive prior law
21    enforcement experience.
22        Individuals who currently serve as court security
23    officers shall be deemed qualified to continue to serve in
24    that capacity so long as they are certified as provided by
25    this Act within 24 months of June 1, 1997 (the effective
26    date of Public Act 89-685). Failure to be so certified,

 

 

HB5496- 41 -LRB102 25260 LNS 34533 b

1    absent a waiver from the Board, shall cause the officer to
2    forfeit his or her position.
3        All individuals hired as court security officers on or
4    after June 1, 1997 (the effective date of Public Act
5    89-685) shall be certified within 12 months of the date of
6    their hire, unless a waiver has been obtained by the
7    Board, or they shall forfeit their positions.
8        The Sheriff's Merit Commission, if one exists, or the
9    Sheriff's Office if there is no Sheriff's Merit
10    Commission, shall maintain a list of all individuals who
11    have filed applications to become court security officers
12    and who meet the eligibility requirements established
13    under this Act. Either the Sheriff's Merit Commission, or
14    the Sheriff's Office if no Sheriff's Merit Commission
15    exists, shall establish a schedule of reasonable intervals
16    for verification of the applicants' qualifications under
17    this Act and as established by the Board.
18        g. Minimum in-service training requirements, which a
19    law enforcement officer must satisfactorily complete every
20    3 years. Those requirements shall include constitutional
21    and proper use of law enforcement authority, procedural
22    justice, civil rights, human rights, reporting child abuse
23    and neglect, and cultural competency, including implicit
24    bias and racial and ethnic sensitivity. These trainings
25    shall consist of at least 30 hours of training every 3
26    years.

 

 

HB5496- 42 -LRB102 25260 LNS 34533 b

1        h. Minimum in-service training requirements, which a
2    law enforcement officer must satisfactorily complete at
3    least annually. Those requirements shall include law
4    updates, emergency medical response training and
5    certification, crisis intervention training, and officer
6    wellness and mental health.
7        i. Minimum in-service training requirements as set
8    forth in Section 10.6.
9    The amendatory changes to this Section made by Public Act
10101-652 shall take effect January 1, 2022.
11(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
12101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
138-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1410-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
151-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
1610-5-21.)
 
17    (Text of Section after amendment by P.A. 102-345)
18    Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include, but not be limited to, the following:
21        a. The curriculum for probationary law enforcement
22    officers which shall be offered by all certified schools
23    shall include, but not be limited to, courses of
24    procedural justice, arrest and use and control tactics,
25    search and seizure, including temporary questioning, civil

 

 

HB5496- 43 -LRB102 25260 LNS 34533 b

1    rights, human rights, human relations, cultural
2    competency, including implicit bias and racial and ethnic
3    sensitivity, criminal law, law of criminal procedure,
4    constitutional and proper use of law enforcement
5    authority, crisis intervention training, vehicle and
6    traffic law including uniform and non-discriminatory
7    enforcement of the Illinois Vehicle Code, traffic control
8    and crash accident investigation, techniques of obtaining
9    physical evidence, court testimonies, statements, reports,
10    firearms training, training in the use of electronic
11    control devices, including the psychological and
12    physiological effects of the use of those devices on
13    humans, first-aid (including cardiopulmonary
14    resuscitation), training in the administration of opioid
15    antagonists as defined in paragraph (1) of subsection (e)
16    of Section 5-23 of the Substance Use Disorder Act,
17    handling of juvenile offenders, recognition of mental
18    conditions and crises, including, but not limited to, the
19    disease of addiction, which require immediate assistance
20    and response and methods to safeguard and provide
21    assistance to a person in need of mental treatment,
22    recognition of abuse, neglect, financial exploitation, and
23    self-neglect of adults with disabilities and older adults,
24    as defined in Section 2 of the Adult Protective Services
25    Act, crimes against the elderly, law of evidence, the
26    hazards of high-speed police vehicle chases with an

 

 

HB5496- 44 -LRB102 25260 LNS 34533 b

1    emphasis on alternatives to the high-speed chase, and
2    physical training. The curriculum shall include specific
3    training in techniques for immediate response to and
4    investigation of cases of domestic violence and of sexual
5    assault of adults and children, including cultural
6    perceptions and common myths of sexual assault and sexual
7    abuse as well as interview techniques that are age
8    sensitive and are trauma informed, victim centered, and
9    victim sensitive. The curriculum shall include training in
10    techniques designed to promote effective communication at
11    the initial contact with crime victims and ways to
12    comprehensively explain to victims and witnesses their
13    rights under the Rights of Crime Victims and Witnesses Act
14    and the Crime Victims Compensation Act. The curriculum
15    shall also include training in effective recognition of
16    and responses to stress, trauma, and post-traumatic stress
17    experienced by law enforcement officers that is consistent
18    with Section 25 of the Illinois Mental Health First Aid
19    Training Act in a peer setting, including recognizing
20    signs and symptoms of work-related cumulative stress,
21    issues that may lead to suicide, and solutions for
22    intervention with peer support resources. The curriculum
23    shall include a block of instruction addressing the
24    mandatory reporting requirements under the Abused and
25    Neglected Child Reporting Act. The curriculum shall also
26    include a block of instruction aimed at identifying and

 

 

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1    interacting with persons with autism and other
2    developmental or physical disabilities, reducing barriers
3    to reporting crimes against persons with autism, and
4    addressing the unique challenges presented by cases
5    involving victims or witnesses with autism and other
6    developmental disabilities. The curriculum shall include
7    training in the detection and investigation of all forms
8    of human trafficking. The curriculum shall also include
9    instruction in trauma-informed responses designed to
10    ensure the physical safety and well-being of a child of an
11    arrested parent or immediate family member; this
12    instruction must include, but is not limited to: (1)
13    understanding the trauma experienced by the child while
14    maintaining the integrity of the arrest and safety of
15    officers, suspects, and other involved individuals; (2)
16    de-escalation tactics that would include the use of force
17    when reasonably necessary; and (3) inquiring whether a
18    child will require supervision and care. The curriculum
19    for probationary law enforcement officers shall include:
20    (1) at least 12 hours of hands-on, scenario-based
21    role-playing; (2) at least 6 hours of instruction on use
22    of force techniques, including the use of de-escalation
23    techniques to prevent or reduce the need for force
24    whenever safe and feasible; (3) specific training on
25    officer safety techniques, including cover, concealment,
26    and time; and (4) at least 6 hours of training focused on

 

 

HB5496- 46 -LRB102 25260 LNS 34533 b

1    high-risk traffic stops. The curriculum for permanent law
2    enforcement officers shall include, but not be limited to:
3    (1) refresher and in-service training in any of the
4    courses listed above in this subparagraph, (2) advanced
5    courses in any of the subjects listed above in this
6    subparagraph, (3) training for supervisory personnel, and
7    (4) specialized training in subjects and fields to be
8    selected by the board. The training in the use of
9    electronic control devices shall be conducted for
10    probationary law enforcement officers, including
11    University police officers. The curriculum shall also
12    include training on the use of a firearms restraining
13    order by providing instruction on the process used to file
14    a firearms restraining order and how to identify
15    situations in which a firearms restraining order is
16    appropriate.
17        b. Minimum courses of study, attendance requirements
18    and equipment requirements.
19        c. Minimum requirements for instructors.
20        d. Minimum basic training requirements, which a
21    probationary law enforcement officer must satisfactorily
22    complete before being eligible for permanent employment as
23    a local law enforcement officer for a participating local
24    governmental or State governmental agency. Those
25    requirements shall include training in first aid
26    (including cardiopulmonary resuscitation).

 

 

HB5496- 47 -LRB102 25260 LNS 34533 b

1        e. Minimum basic training requirements, which a
2    probationary county corrections officer must
3    satisfactorily complete before being eligible for
4    permanent employment as a county corrections officer for a
5    participating local governmental agency.
6        f. Minimum basic training requirements which a
7    probationary court security officer must satisfactorily
8    complete before being eligible for permanent employment as
9    a court security officer for a participating local
10    governmental agency. The Board shall establish those
11    training requirements which it considers appropriate for
12    court security officers and shall certify schools to
13    conduct that training.
14        A person hired to serve as a court security officer
15    must obtain from the Board a certificate (i) attesting to
16    the officer's successful completion of the training
17    course; (ii) attesting to the officer's satisfactory
18    completion of a training program of similar content and
19    number of hours that has been found acceptable by the
20    Board under the provisions of this Act; or (iii) attesting
21    to the Board's determination that the training course is
22    unnecessary because of the person's extensive prior law
23    enforcement experience.
24        Individuals who currently serve as court security
25    officers shall be deemed qualified to continue to serve in
26    that capacity so long as they are certified as provided by

 

 

HB5496- 48 -LRB102 25260 LNS 34533 b

1    this Act within 24 months of June 1, 1997 (the effective
2    date of Public Act 89-685). Failure to be so certified,
3    absent a waiver from the Board, shall cause the officer to
4    forfeit his or her position.
5        All individuals hired as court security officers on or
6    after June 1, 1997 (the effective date of Public Act
7    89-685) shall be certified within 12 months of the date of
8    their hire, unless a waiver has been obtained by the
9    Board, or they shall forfeit their positions.
10        The Sheriff's Merit Commission, if one exists, or the
11    Sheriff's Office if there is no Sheriff's Merit
12    Commission, shall maintain a list of all individuals who
13    have filed applications to become court security officers
14    and who meet the eligibility requirements established
15    under this Act. Either the Sheriff's Merit Commission, or
16    the Sheriff's Office if no Sheriff's Merit Commission
17    exists, shall establish a schedule of reasonable intervals
18    for verification of the applicants' qualifications under
19    this Act and as established by the Board.
20        g. Minimum in-service training requirements, which a
21    law enforcement officer must satisfactorily complete every
22    3 years. Those requirements shall include constitutional
23    and proper use of law enforcement authority, procedural
24    justice, civil rights, human rights, reporting child abuse
25    and neglect, and cultural competency, including implicit
26    bias and racial and ethnic sensitivity. These trainings

 

 

HB5496- 49 -LRB102 25260 LNS 34533 b

1    shall consist of at least 30 hours of training every 3
2    years.
3        h. Minimum in-service training requirements, which a
4    law enforcement officer must satisfactorily complete at
5    least annually. Those requirements shall include law
6    updates, emergency medical response training and
7    certification, crisis intervention training, and officer
8    wellness and mental health.
9        i. Minimum in-service training requirements as set
10    forth in Section 10.6.
11    The amendatory changes to this Section made by Public Act
12101-652 shall take effect January 1, 2022.
13(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
14101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
158-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1610-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
171-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
18eff. 8-20-21; revised 10-5-21.)
 
19    Section 35. The Uniform Crime Reporting Act is amended by
20changing Section 5-5 as follows:
 
21    (50 ILCS 709/5-5)
22    Sec. 5-5. Definitions. As used in this Act:
23    "Arrest-related death" means any death of an individual
24while the individual's freedom to leave is restricted by a law

 

 

HB5496- 50 -LRB102 25260 LNS 34533 b

1enforcement officer while the officer is on duty, or otherwise
2acting within the scope of his or her employment, including
3any death resulting from a motor vehicle crash accident, if
4the law enforcement officer was engaged in direct action
5against the individual or the individual's vehicle during the
6process of apprehension. "Arrest-related death" does not
7include the death of law enforcement personnel.
8    "Domestic crime" means any crime attempted or committed
9between a victim and offender who have a domestic
10relationship, both current and past.
11    "Hate crime" has the same meaning as defined under Section
1212-7.1 of the Criminal Code of 2012.
13    "Law enforcement agency" means an agency of this State or
14unit of local government which is vested by law or ordinance
15with the duty to maintain public order and to enforce criminal
16law or ordinances.
17    "Law enforcement officer" or "officer" means any officer,
18agent, or employee of this State or a unit of local government
19authorized by law or by a government agency to engage in or
20supervise the prevention, detection, or investigation of any
21violation of criminal law, or authorized by law to supervise
22accused persons or sentenced criminal offenders.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    Section 40. The Police and Community Relations Improvement
25Act is amended by changing Sections 1-5 and 1-10 as follows:
 

 

 

HB5496- 51 -LRB102 25260 LNS 34533 b

1    (50 ILCS 727/1-5)
2    Sec. 1-5. Definitions. As used in this Act:
3    "Law enforcement agency" means an agency of this State or
4unit of local government which is vested by law or ordinance
5with the duty to maintain public order and to enforce criminal
6laws or ordinances.
7    "Law enforcement officer" or "officer" means any person
8employed by a State, county, or municipality as a policeman,
9peace officer, or in some like position involving the
10enforcement of the law and protection of public interest at
11the risk of the person's life.
12    "Officer-involved death" means any death of an individual
13that results directly from an action or directly from an
14intentional omission, including unreasonable delay involving a
15person in custody or intentional failure to seek medical
16attention when the need for treatment is apparent, of a law
17enforcement officer while the officer is on duty, or otherwise
18acting within the scope of his or her employment, or while the
19officer is off duty, but performing activities that are within
20the scope of his or her law enforcement duties.
21"Officer-involved death" includes any death resulting from a
22motor vehicle crash accident, if the law enforcement officer
23was engaged in law enforcement activity involving the
24individual or the individual's vehicle in the process of
25apprehension or attempt to apprehend.

 

 

HB5496- 52 -LRB102 25260 LNS 34533 b

1(Source: P.A. 99-352, eff. 1-1-16.)
 
2    (50 ILCS 727/1-10)
3    Sec. 1-10. Investigation of officer-involved deaths;
4requirements.
5    (a) Each law enforcement agency shall have a written
6policy regarding the investigation of officer-involved deaths
7that involve a law enforcement officer employed by that law
8enforcement agency.
9    (b) Each officer-involved death investigation shall be
10conducted by at least 2 investigators, or an entity or agency
11comprised of at least 2 investigators, one of whom is the lead
12investigator. The lead investigator shall be a person
13certified by the Illinois Law Enforcement Training Standards
14Board as a Lead Homicide Investigator, or similar training
15approved by the Illinois Law Enforcement Training Standards
16Board or the Illinois State Police, or similar training
17provided at an Illinois Law Enforcement Training Standards
18Board certified school. No investigator involved in the
19investigation may be employed by the law enforcement agency
20that employs the officer involved in the officer-involved
21death, unless the investigator is employed by the Illinois
22State Police and is not assigned to the same division or unit
23as the officer involved in the death.
24    (c) In addition to the requirements of subsection (b) of
25this Section, if the officer-involved death being investigated

 

 

HB5496- 53 -LRB102 25260 LNS 34533 b

1involves a motor vehicle crash accident, at least one
2investigator shall be certified by the Illinois Law
3Enforcement Training Standards Board as a Crash Reconstruction
4Specialist, or similar training approved by the Illinois Law
5Enforcement Training Standards Board or the Illinois State
6Police, or similar training provided at an Illinois Law
7Enforcement Training Standards Board certified school.
8Notwithstanding the requirements of subsection (b) of this
9Section, the policy for a law enforcement agency, when the
10officer-involved death being investigated involves a motor
11vehicle collision, may allow the use of an investigator who is
12employed by that law enforcement agency and who is certified
13by the Illinois Law Enforcement Training Standards Board as a
14Crash Reconstruction Specialist, or similar training approved
15by the Illinois Law Enforcement Training and Standards Board,
16or similar certified training approved by the Illinois State
17Police, or similar training provided at an Illinois Law
18Enforcement Training and Standards Board certified school.
19    (d) The investigators conducting the investigation shall,
20in an expeditious manner, provide a complete report to the
21State's Attorney of the county in which the officer-involved
22death occurred.
23    (e) If the State's Attorney, or a designated special
24prosecutor, determines there is no basis to prosecute the law
25enforcement officer involved in the officer-involved death, or
26if the law enforcement officer is not otherwise charged or

 

 

HB5496- 54 -LRB102 25260 LNS 34533 b

1indicted, the investigators shall publicly release a report.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    Section 45. The Counties Code is amended by changing
4Sections 3-3013 and 5-1182 as follows:
 
5    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
6    Sec. 3-3013. Preliminary investigations; blood and urine
7analysis; summoning jury; reports. Every coroner, whenever,
8as soon as he knows or is informed that the dead body of any
9person is found, or lying within his county, whose death is
10suspected of being:
11        (a) A sudden or violent death, whether apparently
12    suicidal, homicidal or accidental, including but not
13    limited to deaths apparently caused or contributed to by
14    thermal, traumatic, chemical, electrical or radiational
15    injury, or a complication of any of them, or by drowning or
16    suffocation, or as a result of domestic violence as
17    defined in the Illinois Domestic Violence Act of 1986;
18        (b) A death due to a sex crime;
19        (c) A death where the circumstances are suspicious,
20    obscure, mysterious or otherwise unexplained or where, in
21    the written opinion of the attending physician, the cause
22    of death is not determined;
23        (d) A death where addiction to alcohol or to any drug
24    may have been a contributory cause; or

 

 

HB5496- 55 -LRB102 25260 LNS 34533 b

1        (e) A death where the decedent was not attended by a
2    licensed physician;
3shall go to the place where the dead body is, and take charge
4of the same and shall make a preliminary investigation into
5the circumstances of the death. In the case of death without
6attendance by a licensed physician the body may be moved with
7the coroner's consent from the place of death to a mortuary in
8the same county. Coroners in their discretion shall notify
9such physician as is designated in accordance with Section
103-3014 to attempt to ascertain the cause of death, either by
11autopsy or otherwise.
12    In cases of accidental death involving a motor vehicle in
13which the decedent was (1) the operator or a suspected
14operator of a motor vehicle, or (2) a pedestrian 16 years of
15age or older, the coroner shall require that a blood specimen
16of at least 30 cc., and if medically possible a urine specimen
17of at least 30 cc. or as much as possible up to 30 cc., be
18withdrawn from the body of the decedent in a timely fashion
19after the crash accident causing his death, by such physician
20as has been designated in accordance with Section 3-3014, or
21by the coroner or deputy coroner or a qualified person
22designated by such physician, coroner, or deputy coroner. If
23the county does not maintain laboratory facilities for making
24such analysis, the blood and urine so drawn shall be sent to
25the Illinois State Police or any other accredited or
26State-certified laboratory for analysis of the alcohol, carbon

 

 

HB5496- 56 -LRB102 25260 LNS 34533 b

1monoxide, and dangerous or narcotic drug content of such blood
2and urine specimens. Each specimen submitted shall be
3accompanied by pertinent information concerning the decedent
4upon a form prescribed by such laboratory. Any person drawing
5blood and urine and any person making any examination of the
6blood and urine under the terms of this Division shall be
7immune from all liability, civil or criminal, that might
8otherwise be incurred or imposed.
9    In all other cases coming within the jurisdiction of the
10coroner and referred to in subparagraphs (a) through (e)
11above, blood, and whenever possible, urine samples shall be
12analyzed for the presence of alcohol and other drugs. When the
13coroner suspects that drugs may have been involved in the
14death, either directly or indirectly, a toxicological
15examination shall be performed which may include analyses of
16blood, urine, bile, gastric contents and other tissues. When
17the coroner suspects a death is due to toxic substances, other
18than drugs, the coroner shall consult with the toxicologist
19prior to collection of samples. Information submitted to the
20toxicologist shall include information as to height, weight,
21age, sex and race of the decedent as well as medical history,
22medications used by and the manner of death of decedent.
23    When the coroner or medical examiner finds that the cause
24of death is due to homicidal means, the coroner or medical
25examiner shall cause blood and buccal specimens (tissue may be
26submitted if no uncontaminated blood or buccal specimen can be

 

 

HB5496- 57 -LRB102 25260 LNS 34533 b

1obtained), whenever possible, to be withdrawn from the body of
2the decedent in a timely fashion. For proper preservation of
3the specimens, collected blood and buccal specimens shall be
4dried and tissue specimens shall be frozen if available
5equipment exists. As soon as possible, but no later than 30
6days after the collection of the specimens, the coroner or
7medical examiner shall release those specimens to the police
8agency responsible for investigating the death. As soon as
9possible, but no later than 30 days after the receipt from the
10coroner or medical examiner, the police agency shall submit
11the specimens using the agency case number to a National DNA
12Index System (NDIS) participating laboratory within this
13State, such as the Illinois State Police, Division of Forensic
14Services, for analysis and categorizing into genetic marker
15groupings. The results of the analysis and categorizing into
16genetic marker groupings shall be provided to the Illinois
17State Police and shall be maintained by the Illinois State
18Police in the State central repository in the same manner, and
19subject to the same conditions, as provided in Section 5-4-3
20of the Unified Code of Corrections. The requirements of this
21paragraph are in addition to any other findings, specimens, or
22information that the coroner or medical examiner is required
23to provide during the conduct of a criminal investigation.
24    In all counties, in cases of apparent suicide, homicide,
25or accidental death or in other cases, within the discretion
26of the coroner, the coroner may summon 8 persons of lawful age

 

 

HB5496- 58 -LRB102 25260 LNS 34533 b

1from those persons drawn for petit jurors in the county. The
2summons shall command these persons to present themselves
3personally at such a place and time as the coroner shall
4determine, and may be in any form which the coroner shall
5determine and may incorporate any reasonable form of request
6for acknowledgment which the coroner deems practical and
7provides a reliable proof of service. The summons may be
8served by first class mail. From the 8 persons so summoned, the
9coroner shall select 6 to serve as the jury for the inquest.
10Inquests may be continued from time to time, as the coroner may
11deem necessary. The 6 jurors selected in a given case may view
12the body of the deceased. If at any continuation of an inquest
13one or more of the original jurors shall be unable to continue
14to serve, the coroner shall fill the vacancy or vacancies. A
15juror serving pursuant to this paragraph shall receive
16compensation from the county at the same rate as the rate of
17compensation that is paid to petit or grand jurors in the
18county. The coroner shall furnish to each juror without fee at
19the time of his discharge a certificate of the number of days
20in attendance at an inquest, and, upon being presented with
21such certificate, the county treasurer shall pay to the juror
22the sum provided for his services.
23    In counties which have a jury commission, in cases of
24apparent suicide or homicide or of accidental death, the
25coroner may conduct an inquest. The jury commission shall
26provide at least 8 jurors to the coroner, from whom the coroner

 

 

HB5496- 59 -LRB102 25260 LNS 34533 b

1shall select any 6 to serve as the jury for the inquest.
2Inquests may be continued from time to time as the coroner may
3deem necessary. The 6 jurors originally chosen in a given case
4may view the body of the deceased. If at any continuation of an
5inquest one or more of the 6 jurors originally chosen shall be
6unable to continue to serve, the coroner shall fill the
7vacancy or vacancies. At the coroner's discretion, additional
8jurors to fill such vacancies shall be supplied by the jury
9commission. A juror serving pursuant to this paragraph in such
10county shall receive compensation from the county at the same
11rate as the rate of compensation that is paid to petit or grand
12jurors in the county.
13    In every case in which a fire is determined to be a
14contributing factor in a death, the coroner shall report the
15death to the Office of the State Fire Marshal. The coroner
16shall provide a copy of the death certificate (i) within 30
17days after filing the permanent death certificate and (ii) in
18a manner that is agreed upon by the coroner and the State Fire
19Marshal.
20    In every case in which a drug overdose is determined to be
21the cause or a contributing factor in the death, the coroner or
22medical examiner shall report the death to the Department of
23Public Health. The Department of Public Health shall adopt
24rules regarding specific information that must be reported in
25the event of such a death. If possible, the coroner shall
26report the cause of the overdose. As used in this Section,

 

 

HB5496- 60 -LRB102 25260 LNS 34533 b

1"overdose" has the same meaning as it does in Section 414 of
2the Illinois Controlled Substances Act. The Department of
3Public Health shall issue a semiannual report to the General
4Assembly summarizing the reports received. The Department
5shall also provide on its website a monthly report of overdose
6death figures organized by location, age, and any other
7factors, the Department deems appropriate.
8    In addition, in every case in which domestic violence is
9determined to be a contributing factor in a death, the coroner
10shall report the death to the Illinois State Police.
11    All deaths in State institutions and all deaths of wards
12of the State or youth in care as defined in Section 4d of the
13Children and Family Services Act in private care facilities or
14in programs funded by the Department of Human Services under
15its powers relating to mental health and developmental
16disabilities or alcoholism and substance abuse or funded by
17the Department of Children and Family Services shall be
18reported to the coroner of the county in which the facility is
19located. If the coroner has reason to believe that an
20investigation is needed to determine whether the death was
21caused by maltreatment or negligent care of the ward of the
22State or youth in care as defined in Section 4d of the Children
23and Family Services Act, the coroner may conduct a preliminary
24investigation of the circumstances of such death as in cases
25of death under circumstances set forth in paragraphs (a)
26through (e) of this Section.

 

 

HB5496- 61 -LRB102 25260 LNS 34533 b

1(Source: P.A. 101-13, eff. 6-12-19; 102-538, eff. 8-20-21.)
 
2    (55 ILCS 5/5-1182)
3    Sec. 5-1182. Charitable organizations; solicitation.
4    (a) No county may prohibit a charitable organization, as
5defined in Section 2 of the Charitable Games Act, from
6soliciting for charitable purposes, including solicitations
7taking place on public roadways from passing motorists, if all
8of the following requirements are met.
9        (1) The persons to be engaged in the solicitation are
10    law enforcement personnel, firefighters, or other persons
11    employed to protect the public safety of a local agency,
12    and those persons are soliciting solely in an area that is
13    within the service area of that local agency.
14        (2) The charitable organization files an application
15    with the county having jurisdiction over the location or
16    locations where the solicitation is to occur. The
17    applications shall be filed not later than 10 business
18    days before the date that the solicitation is to begin and
19    shall include all of the following:
20            (A) The date or dates and times of day when the
21        solicitation is to occur.
22            (B) The location or locations where the
23        solicitation is to occur along with a list of 3
24        alternate locations listed in order of preference.
25            (C) The manner and conditions under which the

 

 

HB5496- 62 -LRB102 25260 LNS 34533 b

1        solicitation is to occur.
2            (D) Proof of a valid liability insurance policy in
3        the amount of at least $1,000,000 insuring the charity
4        or local agency against bodily injury and property
5        damage arising out of or in connection with the
6        solicitation.
7    The county shall approve the application within 5 business
8days after the filing date of the application, but may impose
9reasonable conditions in writing that are consistent with the
10intent of this Section and are based on articulated public
11safety concerns. If the county determines that the applicant's
12location cannot be permitted due to significant safety
13concerns, such as high traffic volumes, poor geometrics,
14construction, maintenance operations, or past crash accident
15history, then the county may deny the application for that
16location and must approve one of the 3 alternate locations
17following the order of preference submitted by the applicant
18on the alternate location list. By acting under this Section,
19a local agency does not waive or limit any immunity from
20liability provided by any other provision of law.
21    (b) For purposes of this Section, "local agency" means a
22county, special district, fire district, joint powers of
23authority, or other political subdivision of the State of
24Illinois.
25    (c) A home rule unit may not regulate a charitable
26organization in a manner that is inconsistent with this

 

 

HB5496- 63 -LRB102 25260 LNS 34533 b

1Section. This Section is a limitation under subsection (i) of
2Section 6 of Article VII of the Illinois Constitution on the
3concurrent exercise by home rule units of powers and functions
4exercised by the State.
5(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13.)
 
6    Section 50. The Illinois Municipal Code is amended by
7changing Section 11-80-9 as follows:
 
8    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
9    Sec. 11-80-9. The corporate authorities of each
10municipality may prevent and regulate all amusements and
11activities having a tendency to annoy or endanger persons or
12property on the sidewalks, streets, and other municipal
13property. However, no municipality may prohibit a charitable
14organization, as defined in Section 2 of the Charitable Games
15Act, from soliciting for charitable purposes, including
16solicitations taking place on public roadways from passing
17motorists, if all of the following requirements are met.
18        (1) The persons to be engaged in the solicitation are
19    law enforcement personnel, firefighters, or other persons
20    employed to protect the public safety of a local agency,
21    and that are soliciting solely in an area that is within
22    the service area of that local agency.
23        (2) The charitable organization files an application
24    with the municipality having jurisdiction over the

 

 

HB5496- 64 -LRB102 25260 LNS 34533 b

1    location or locations where the solicitation is to occur.
2    The application shall be filed not later than 10 business
3    days before the date that the solicitation is to begin and
4    shall include all of the following:
5            (A) The date or dates and times of day when the
6        solicitation is to occur.
7            (B) The location or locations where the
8        solicitation is to occur along with a list of 3
9        alternate locations listed in order of preference.
10            (C) The manner and conditions under which the
11        solicitation is to occur.
12            (D) Proof of a valid liability insurance policy in
13        the amount of at least $1,000,000 insuring the charity
14        or local agency against bodily injury and property
15        damage arising out of or in connection with the
16        solicitation.
17    The municipality shall approve the application within 5
18business days after the filing date of the application, but
19may impose reasonable conditions in writing that are
20consistent with the intent of this Section and are based on
21articulated public safety concerns. If the municipality
22determines that the applicant's location cannot be permitted
23due to significant safety concerns, such as high traffic
24volumes, poor geometrics, construction, maintenance
25operations, or past crash accident history, then the
26municipality may deny the application for that location and

 

 

HB5496- 65 -LRB102 25260 LNS 34533 b

1must approve one of the 3 alternate locations following the
2order of preference submitted by the applicant on the
3alternate location list. By acting under this Section, a local
4agency does not waive or limit any immunity from liability
5provided by any other provision of law.
6    For purposes of this Section, "local agency" means a
7municipality, special district, fire district, joint powers of
8authority, or other political subdivision of the State of
9Illinois.
10    A home rule unit may not regulate a charitable
11organization in a manner that is inconsistent with this
12Section. This Section is a limitation under subsection (i) of
13Section 6 of Article VII of the Illinois Constitution on the
14concurrent exercise by home rule units of powers and functions
15exercised by the State.
16(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
1798-756, eff. 7-16-14.)
 
18    Section 55. The Illinois Insurance Code is amended by
19changing Sections 143.01, 143.19, 143.19.1, 143.19.3, 143.24b,
20143.29, 143.32, 143a, and 143a-2 as follows:
 
21    (215 ILCS 5/143.01)  (from Ch. 73, par. 755.01)
22    Sec. 143.01. (a) A provision in a policy of vehicle
23insurance described in Section 4 excluding coverage for bodily
24injury to members of the family of the insured shall not be

 

 

HB5496- 66 -LRB102 25260 LNS 34533 b

1applicable when a third party acquires a right of contribution
2against a member of the injured person's family.
3    (b) A provision in a policy of vehicle insurance excluding
4coverage for bodily injury to members of the family of the
5insured shall not be applicable when any person not in the
6household of the insured was driving the vehicle of the
7insured involved in the crash accident which is the subject of
8the claim or lawsuit.
9    This subsection (b) applies to any action filed on or
10after its effective date.
11(Source: P.A. 83-1132.)
 
12    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
13    (Text of Section before amendment by P.A. 101-652)
14    Sec. 143.19. Cancellation of automobile insurance policy;
15grounds. After a policy of automobile insurance as defined in
16Section 143.13(a) has been effective for 60 days, or if such
17policy is a renewal policy, the insurer shall not exercise its
18option to cancel such policy except for one or more of the
19following reasons:
20        a. Nonpayment of premium;
21        b. The policy was obtained through a material
22    misrepresentation;
23        c. Any insured violated any of the terms and
24    conditions of the policy;
25        d. The named insured failed to disclose fully his

 

 

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1    motor vehicle crashes accidents and moving traffic
2    violations for the preceding 36 months if called for in
3    the application;
4        e. Any insured made a false or fraudulent claim or
5    knowingly aided or abetted another in the presentation of
6    such a claim;
7        f. The named insured or any other operator who either
8    resides in the same household or customarily operates an
9    automobile insured under such policy:
10            1. has, within the 12 months prior to the notice of
11        cancellation, had his driver's license under
12        suspension or revocation;
13            2. is or becomes subject to epilepsy or heart
14        attacks, and such individual does not produce a
15        certificate from a physician testifying to his
16        unqualified ability to operate a motor vehicle safely;
17            3. has a crash an accident record, conviction
18        record (criminal or traffic), physical, or mental
19        condition which is such that his operation of an
20        automobile might endanger the public safety;
21            4. has, within the 36 months prior to the notice of
22        cancellation, been addicted to the use of narcotics or
23        other drugs; or
24            5. has been convicted, or forfeited bail, during
25        the 36 months immediately preceding the notice of
26        cancellation, for any felony, criminal negligence

 

 

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1        resulting in death, homicide or assault arising out of
2        the operation of a motor vehicle, operating a motor
3        vehicle while in an intoxicated condition or while
4        under the influence of drugs, being intoxicated while
5        in, or about, an automobile or while having custody of
6        an automobile, leaving the scene of a crash an
7        accident without stopping to report, theft or unlawful
8        taking of a motor vehicle, making false statements in
9        an application for an operator's or chauffeur's
10        license or has been convicted or forfeited bail for 3
11        or more violations within the 12 months immediately
12        preceding the notice of cancellation, of any law,
13        ordinance, or regulation limiting the speed of motor
14        vehicles or any of the provisions of the motor vehicle
15        laws of any state, violation of which constitutes a
16        misdemeanor, whether or not the violations were
17        repetitions of the same offense or different offenses;
18        g. The insured automobile is:
19            1. so mechanically defective that its operation
20        might endanger public safety;
21            2. used in carrying passengers for hire or
22        compensation (the use of an automobile for a car pool
23        shall not be considered use of an automobile for hire
24        or compensation);
25            3. used in the business of transportation of
26        flammables or explosives;

 

 

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1            4. an authorized emergency vehicle;
2            5. changed in shape or condition during the policy
3        period so as to increase the risk substantially; or
4            6. subject to an inspection law and has not been
5        inspected or, if inspected, has failed to qualify.
6    Nothing in this Section shall apply to nonrenewal.
7(Source: P.A. 100-201, eff. 8-18-17.)
 
8    (Text of Section after amendment by P.A. 101-652)
9    Sec. 143.19. Cancellation of automobile insurance policy;
10grounds. After a policy of automobile insurance as defined in
11Section 143.13(a) has been effective for 60 days, or if such
12policy is a renewal policy, the insurer shall not exercise its
13option to cancel such policy except for one or more of the
14following reasons:
15        a. Nonpayment of premium;
16        b. The policy was obtained through a material
17    misrepresentation;
18        c. Any insured violated any of the terms and
19    conditions of the policy;
20        d. The named insured failed to disclose fully his
21    motor vehicle crashes accidents and moving traffic
22    violations for the preceding 36 months if called for in
23    the application;
24        e. Any insured made a false or fraudulent claim or
25    knowingly aided or abetted another in the presentation of

 

 

HB5496- 70 -LRB102 25260 LNS 34533 b

1    such a claim;
2        f. The named insured or any other operator who either
3    resides in the same household or customarily operates an
4    automobile insured under such policy:
5            1. has, within the 12 months prior to the notice of
6        cancellation, had his driver's license under
7        suspension or revocation;
8            2. is or becomes subject to epilepsy or heart
9        attacks, and such individual does not produce a
10        certificate from a physician testifying to his
11        unqualified ability to operate a motor vehicle safely;
12            3. has a crash an accident record, conviction
13        record (criminal or traffic), physical, or mental
14        condition which is such that his operation of an
15        automobile might endanger the public safety;
16            4. has, within the 36 months prior to the notice of
17        cancellation, been addicted to the use of narcotics or
18        other drugs; or
19            5. has been convicted, or violated conditions of
20        pretrial release, during the 36 months immediately
21        preceding the notice of cancellation, for any felony,
22        criminal negligence resulting in death, homicide or
23        assault arising out of the operation of a motor
24        vehicle, operating a motor vehicle while in an
25        intoxicated condition or while under the influence of
26        drugs, being intoxicated while in, or about, an

 

 

HB5496- 71 -LRB102 25260 LNS 34533 b

1        automobile or while having custody of an automobile,
2        leaving the scene of a crash an accident without
3        stopping to report, theft or unlawful taking of a
4        motor vehicle, making false statements in an
5        application for an operator's or chauffeur's license
6        or has been convicted or pretrial release has been
7        revoked for 3 or more violations within the 12 months
8        immediately preceding the notice of cancellation, of
9        any law, ordinance, or regulation limiting the speed
10        of motor vehicles or any of the provisions of the motor
11        vehicle laws of any state, violation of which
12        constitutes a misdemeanor, whether or not the
13        violations were repetitions of the same offense or
14        different offenses;
15        g. The insured automobile is:
16            1. so mechanically defective that its operation
17        might endanger public safety;
18            2. used in carrying passengers for hire or
19        compensation (the use of an automobile for a car pool
20        shall not be considered use of an automobile for hire
21        or compensation);
22            3. used in the business of transportation of
23        flammables or explosives;
24            4. an authorized emergency vehicle;
25            5. changed in shape or condition during the policy
26        period so as to increase the risk substantially; or

 

 

HB5496- 72 -LRB102 25260 LNS 34533 b

1            6. subject to an inspection law and has not been
2        inspected or, if inspected, has failed to qualify.
3    Nothing in this Section shall apply to nonrenewal.
4(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 
5    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
8After a policy of automobile insurance, as defined in Section
9143.13, has been effective or renewed for 5 or more years, the
10company shall not exercise its right of non-renewal unless:
11    a. The policy was obtained through a material
12misrepresentation; or
13    b. Any insured violated any of the terms and conditions of
14the policy; or
15    c. The named insured failed to disclose fully his motor
16vehicle crashes accidents and moving traffic violations for
17the preceding 36 months, if such information is called for in
18the application; or
19    d. Any insured made a false or fraudulent claim or
20knowingly aided or abetted another in the presentation of such
21a claim; or
22    e. The named insured or any other operator who either
23resides in the same household or customarily operates an
24automobile insured under such a policy:
25        1. Has, within the 12 months prior to the notice of

 

 

HB5496- 73 -LRB102 25260 LNS 34533 b

1    non-renewal had his drivers license under suspension or
2    revocation; or
3        2. Is or becomes subject to epilepsy or heart attacks,
4    and such individual does not produce a certificate from a
5    physician testifying to his unqualified ability to operate
6    a motor vehicle safely; or
7        3. Has a crash an accident record, conviction record
8    (criminal or traffic), or a physical or mental condition
9    which is such that his operation of an automobile might
10    endanger the public safety; or
11        4. Has, within the 36 months prior to the notice of
12    non-renewal, been addicted to the use of narcotics or
13    other drugs; or
14        5. Has been convicted or forfeited bail, during the 36
15    months immediately preceding the notice of non-renewal,
16    for any felony, criminal negligence resulting in death,
17    homicide or assault arising out of the operation of a
18    motor vehicle, operating a motor vehicle while in an
19    intoxicated condition or while under the influence of
20    drugs, being intoxicated while in or about an automobile
21    or while having custody of an automobile, leaving the
22    scene of a crash an accident without stopping to report,
23    theft or unlawful taking of a motor vehicle, making false
24    statements in an application for an operators or
25    chauffeurs license, or has been convicted or forfeited
26    bail for 3 or more violations within the 12 months

 

 

HB5496- 74 -LRB102 25260 LNS 34533 b

1    immediately preceding the notice of non-renewal, of any
2    law, ordinance or regulation limiting the speed of motor
3    vehicles or any of the provisions of the motor vehicle
4    laws of any state, violation of which constitutes a
5    misdemeanor, whether or not the violations were
6    repetitions of the same offense or different offenses; or
7    f. The insured automobile is:
8        1. So mechanically defective that its operation might
9    endanger public safety; or
10        2. Used in carrying passengers for hire or
11    compensation (the use of an automobile for a car pool
12    shall not be considered use of an automobile for hire or
13    compensation); or
14        3. Used in the business of transportation of
15    flammables or explosives; or
16        4. An authorized emergency vehicle; or
17        5. Changed in shape or condition during the policy
18    period so as to increase the risk substantially; or
19        6. Subject to an inspection law and it has not been
20    inspected or, if inspected, has failed to qualify; or
21    g. The notice of the intention not to renew is mailed to
22the insured at least 60 days before the date of nonrenewal as
23provided in Section 143.17.
24(Source: P.A. 89-669, eff. 1-1-97.)
 
25    (Text of Section after amendment by P.A. 101-652)

 

 

HB5496- 75 -LRB102 25260 LNS 34533 b

1    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
2After a policy of automobile insurance, as defined in Section
3143.13, has been effective or renewed for 5 or more years, the
4company shall not exercise its right of non-renewal unless:
5    a. The policy was obtained through a material
6misrepresentation; or
7    b. Any insured violated any of the terms and conditions of
8the policy; or
9    c. The named insured failed to disclose fully his motor
10vehicle crashes accidents and moving traffic violations for
11the preceding 36 months, if such information is called for in
12the application; or
13    d. Any insured made a false or fraudulent claim or
14knowingly aided or abetted another in the presentation of such
15a claim; or
16    e. The named insured or any other operator who either
17resides in the same household or customarily operates an
18automobile insured under such a policy:
19        1. Has, within the 12 months prior to the notice of
20    non-renewal had his drivers license under suspension or
21    revocation; or
22        2. Is or becomes subject to epilepsy or heart attacks,
23    and such individual does not produce a certificate from a
24    physician testifying to his unqualified ability to operate
25    a motor vehicle safely; or
26        3. Has a crash an accident record, conviction record

 

 

HB5496- 76 -LRB102 25260 LNS 34533 b

1    (criminal or traffic), or a physical or mental condition
2    which is such that his operation of an automobile might
3    endanger the public safety; or
4        4. Has, within the 36 months prior to the notice of
5    non-renewal, been addicted to the use of narcotics or
6    other drugs; or
7        5. Has been convicted or pretrial release has been
8    revoked, during the 36 months immediately preceding the
9    notice of non-renewal, for any felony, criminal negligence
10    resulting in death, homicide or assault arising out of the
11    operation of a motor vehicle, operating a motor vehicle
12    while in an intoxicated condition or while under the
13    influence of drugs, being intoxicated while in or about an
14    automobile or while having custody of an automobile,
15    leaving the scene of a crash an accident without stopping
16    to report, theft or unlawful taking of a motor vehicle,
17    making false statements in an application for an operators
18    or chauffeurs license, or has been convicted or pretrial
19    release has been revoked for 3 or more violations within
20    the 12 months immediately preceding the notice of
21    non-renewal, of any law, ordinance or regulation limiting
22    the speed of motor vehicles or any of the provisions of the
23    motor vehicle laws of any state, violation of which
24    constitutes a misdemeanor, whether or not the violations
25    were repetitions of the same offense or different
26    offenses; or

 

 

HB5496- 77 -LRB102 25260 LNS 34533 b

1    f. The insured automobile is:
2        1. So mechanically defective that its operation might
3    endanger public safety; or
4        2. Used in carrying passengers for hire or
5    compensation (the use of an automobile for a car pool
6    shall not be considered use of an automobile for hire or
7    compensation); or
8        3. Used in the business of transportation of
9    flammables or explosives; or
10        4. An authorized emergency vehicle; or
11        5. Changed in shape or condition during the policy
12    period so as to increase the risk substantially; or
13        6. Subject to an inspection law and it has not been
14    inspected or, if inspected, has failed to qualify; or
15    g. The notice of the intention not to renew is mailed to
16the insured at least 60 days before the date of nonrenewal as
17provided in Section 143.17.
18(Source: P.A. 101-652, eff. 1-1-23.)
 
19    (215 ILCS 5/143.19.3)
20    Sec. 143.19.3. Prohibition of rate increase for persons
21involved in emergency use of vehicles.
22    (a) No insurer authorized to transact or transacting
23business in this State, or controlling or controlled by or
24under common control by or with an insurer authorized to
25transact or transacting business in this State, that sells a

 

 

HB5496- 78 -LRB102 25260 LNS 34533 b

1personal policy of automobile insurance in this State shall
2increase the policy premium, cancel the policy, or refuse to
3renew the policy solely because the insured or any other
4person who customarily operates an automobile covered by the
5policy has been involved in a crash had an accident while
6operating an automobile in response to an emergency when the
7insured was responding to a call to duty as a volunteer EMS
8provider, as defined in Section 1-220 of the Illinois Vehicle
9Code.
10    (b) The provisions of subsection (a) also apply to all
11personal umbrella policies.
12(Source: P.A. 100-657, eff. 8-1-18.)
 
13    (215 ILCS 5/143.24b)  (from Ch. 73, par. 755.24b)
14    Sec. 143.24b. Any insurer insuring any person or entity
15against damages arising out of a vehicular crash accident
16shall disclose the dollar amount of liability coverage under
17the insured's personal private passenger automobile liability
18insurance policy upon receipt of the following: (a) a
19certified letter from a claimant or any attorney purporting to
20represent any claimant which requests such disclosure and (b)
21a brief description of the nature and extent of the injuries,
22accompanied by a statement of the amount of medical bills
23incurred to date and copies of medical records. The disclosure
24shall be confidential and available only to the claimant, his
25attorney and personnel in the office of the attorney entitled

 

 

HB5496- 79 -LRB102 25260 LNS 34533 b

1to access to the claimant's files. The insurer shall forward
2the information to the party requesting it by certified mail,
3return receipt requested, within 30 days of receipt of the
4request.
5(Source: P.A. 85-1209.)
 
6    (215 ILCS 5/143.29)  (from Ch. 73, par. 755.29)
7    Sec. 143.29. (a) The rates and premium charges for every
8policy of automobile liability insurance shall include
9appropriate reductions as determined by the insurer for any
10insured over age 55 upon successful completion of the National
11Safety Council's Defensive Driving Course or a motor vehicle
12crash accident prevention course, including an eLearning
13course, that is found by the Secretary of State to meet or
14exceed the standards of the National Safety Council's
15Defensive Driving Course's 8 hour classroom safety instruction
16program.
17    (b) The premium reduction shall remain in effect for the
18qualifying insured for a period of 3 years from the date of
19successful completion of the crash accident prevention course,
20except that the insurer may elect to apply the premium
21reduction beginning either with the last effective date of the
22policy or the next renewal date of the policy if the reduction
23will result in a savings as though applied over a full 3 year
24period. An insured who has completed the course of instruction
25prior to July 1, 1982 shall receive the insurance premium

 

 

HB5496- 80 -LRB102 25260 LNS 34533 b

1reduction for only the period remaining within the 3 years
2from course completion. The period of premium reduction for an
3insured who has repeated the crash accident prevention course
4shall be based upon the last such course the insured has
5successfully completed.
6    (c) Any crash accident prevention course approved by the
7Secretary of State under this Section shall be taught by an
8instructor approved by the Secretary of State, shall consist
9of at least 8 hours of classroom or eLearning equivalent
10instruction and shall provide for a certificate of completion.
11Records of certification of course completion shall be
12maintained in a manner acceptable to the Secretary of State.
13    (d) Any person claiming eligibility for a rate or premium
14reduction shall be responsible for providing to his insurance
15company the information necessary to determine eligibility.
16    (e) This Section shall not apply to:
17        (1) any motor vehicle which is a part of a fleet or is
18    used for commercial purposes unless there is a regularly
19    assigned principal operator.
20        (2) any motor vehicle subject to a higher premium rate
21    because of the insured's previous motor vehicle claim
22    experience or to any motor vehicle whose principal
23    operator has been convicted of violating any of the motor
24    vehicle laws of this State, until that operator shall have
25    maintained a driving record free of crashes accidents and
26    moving violations for a continuous one year period, in

 

 

HB5496- 81 -LRB102 25260 LNS 34533 b

1    which case such driver shall be eligible for a reduction
2    the remaining 2 years of the 3 year period.
3        (3) any motor vehicle whose principal operator has had
4    his drivers license revoked or suspended for any reason by
5    the Secretary of State within the previous 36 months.
6        (4) any policy of group automobile insurance under
7    which premiums are broadly averaged for the group rather
8    than determined individually.
9(Source: P.A. 102-397, eff. 1-1-22.)
 
10    (215 ILCS 5/143.32)
11    Sec. 143.32. Replacement of child restraint systems. A
12policy of automobile insurance, as defined in Section 143.13,
13that is amended, delivered, issued, or renewed after the
14effective date of this amendatory Act of the 91st General
15Assembly must include coverage for replacement of a child
16restraint system that was in use by a child during a crash an
17accident to which coverage is applicable. As used in this
18Section, "child restraint system" has the meaning given that
19term in the Child Passenger Restraint Act.
20(Source: P.A. 91-749, eff. 6-2-00.)
 
21    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
22    Sec. 143a. Uninsured and hit and run motor vehicle
23coverage.
24    (1) No policy insuring against loss resulting from

 

 

HB5496- 82 -LRB102 25260 LNS 34533 b

1liability imposed by law for bodily injury or death suffered
2by any person arising out of the ownership, maintenance or use
3of a motor vehicle that is designed for use on public highways
4and that is either required to be registered in this State or
5is principally garaged in this State shall be renewed,
6delivered, or issued for delivery in this State unless
7coverage is provided therein or supplemental thereto, in
8limits for bodily injury or death set forth in Section 7-203 of
9the Illinois Vehicle Code for the protection of persons
10insured thereunder who are legally entitled to recover damages
11from owners or operators of uninsured motor vehicles and
12hit-and-run motor vehicles because of bodily injury, sickness
13or disease, including death, resulting therefrom. Uninsured
14motor vehicle coverage does not apply to bodily injury,
15sickness, disease, or death resulting therefrom, of an insured
16while occupying a motor vehicle owned by, or furnished or
17available for the regular use of the insured, a resident
18spouse or resident relative, if that motor vehicle is not
19described in the policy under which a claim is made or is not a
20newly acquired or replacement motor vehicle covered under the
21terms of the policy. The limits for any coverage for any
22vehicle under the policy may not be aggregated with the limits
23for any similar coverage, whether provided by the same insurer
24or another insurer, applying to other motor vehicles, for
25purposes of determining the total limit of insurance coverage
26available for bodily injury or death suffered by a person in

 

 

HB5496- 83 -LRB102 25260 LNS 34533 b

1any one crash accident. No policy shall be renewed, delivered,
2or issued for delivery in this State unless it is provided
3therein that any dispute with respect to the coverage and the
4amount of damages shall be submitted for arbitration to the
5American Arbitration Association and be subject to its rules
6for the conduct of arbitration hearings as to all matters
7except medical opinions. As to medical opinions, if the amount
8of damages being sought is equal to or less than the amount
9provided for in Section 7-203 of the Illinois Vehicle Code,
10then the current American Arbitration Association Rules shall
11apply. If the amount being sought in an American Arbitration
12Association case exceeds that amount as set forth in Section
137-203 of the Illinois Vehicle Code, then the Rules of Evidence
14that apply in the circuit court for placing medical opinions
15into evidence shall govern. Alternatively, disputes with
16respect to damages and the coverage shall be determined in the
17following manner: Upon the insured requesting arbitration,
18each party to the dispute shall select an arbitrator and the 2
19arbitrators so named shall select a third arbitrator. If such
20arbitrators are not selected within 45 days from such request,
21either party may request that the arbitration be submitted to
22the American Arbitration Association. Any decision made by the
23arbitrators shall be binding for the amount of damages not
24exceeding $75,000 for bodily injury to or death of any one
25person, $150,000 for bodily injury to or death of 2 or more
26persons in any one motor vehicle crash accident, or the

 

 

HB5496- 84 -LRB102 25260 LNS 34533 b

1corresponding policy limits for bodily injury or death,
2whichever is less. All 3-person arbitration cases proceeding
3in accordance with any uninsured motorist coverage conducted
4in this State in which the claimant is only seeking monetary
5damages up to the limits set forth in Section 7-203 of the
6Illinois Vehicle Code shall be subject to the following rules:
7        (A) If at least 60 days' written notice of the
8    intention to offer the following documents in evidence is
9    given to every other party, accompanied by a copy of the
10    document, a party may offer in evidence, without
11    foundation or other proof:
12            (1) bills, records, and reports of hospitals,
13        doctors, dentists, registered nurses, licensed
14        practical nurses, physical therapists, and other
15        healthcare providers;
16            (2) bills for drugs, medical appliances, and
17        prostheses;
18            (3) property repair bills or estimates, when
19        identified and itemized setting forth the charges for
20        labor and material used or proposed for use in the
21        repair of the property;
22            (4) a report of the rate of earnings and time lost
23        from work or lost compensation prepared by an
24        employer;
25            (5) the written opinion of an opinion witness, the
26        deposition of a witness, and the statement of a

 

 

HB5496- 85 -LRB102 25260 LNS 34533 b

1        witness that the witness would be allowed to express
2        if testifying in person, if the opinion or statement
3        is made by affidavit or by certification as provided
4        in Section 1-109 of the Code of Civil Procedure;
5            (6) any other document not specifically covered by
6        any of the foregoing provisions that is otherwise
7        admissible under the rules of evidence.
8        Any party receiving a notice under this paragraph (A)
9    may apply to the arbitrator or panel of arbitrators, as
10    the case may be, for the issuance of a subpoena directed to
11    the author or maker or custodian of the document that is
12    the subject of the notice, requiring the person subpoenaed
13    to produce copies of any additional documents as may be
14    related to the subject matter of the document that is the
15    subject of the notice. Any such subpoena shall be issued
16    in substantially similar form and served by notice as
17    provided by Illinois Supreme Court Rule 204(a)(4). Any
18    such subpoena shall be returnable not less than 5 days
19    before the arbitration hearing.
20        (B) Notwithstanding the provisions of Supreme Court
21    Rule 213(g), a party who proposes to use a written opinion
22    of an expert or opinion witness or the testimony of an
23    expert or opinion witness at the hearing may do so
24    provided a written notice of that intention is given to
25    every other party not less than 60 days prior to the date
26    of hearing, accompanied by a statement containing the

 

 

HB5496- 86 -LRB102 25260 LNS 34533 b

1    identity of the witness, his or her qualifications, the
2    subject matter, the basis of the witness's conclusions,
3    and his or her opinion.
4        (C) Any other party may subpoena the author or maker
5    of a document admissible under this subsection, at that
6    party's expense, and examine the author or maker as if
7    under cross-examination. The provisions of Section 2-1101
8    of the Code of Civil Procedure shall be applicable to
9    arbitration hearings, and it shall be the duty of a party
10    requesting the subpoena to modify the form to show that
11    the appearance is set before an arbitration panel and to
12    give the time and place set for the hearing.
13        (D) The provisions of Section 2-1102 of the Code of
14    Civil Procedure shall be applicable to arbitration
15    hearings under this subsection.
16    (2) No policy insuring against loss resulting from
17liability imposed by law for property damage arising out of
18the ownership, maintenance, or use of a motor vehicle shall be
19renewed, delivered, or issued for delivery in this State with
20respect to any private passenger or recreational motor vehicle
21that is designed for use on public highways and that is either
22required to be registered in this State or is principally
23garaged in this State and is not covered by collision
24insurance under the provisions of such policy, unless coverage
25is made available in the amount of the actual cash value of the
26motor vehicle described in the policy or $15,000 whichever is

 

 

HB5496- 87 -LRB102 25260 LNS 34533 b

1less, subject to a $250 deductible, for the protection of
2persons insured thereunder who are legally entitled to recover
3damages from owners or operators of uninsured motor vehicles
4and hit-and-run motor vehicles because of property damage to
5the motor vehicle described in the policy.
6    There shall be no liability imposed under the uninsured
7motorist property damage coverage required by this subsection
8if the owner or operator of the at-fault uninsured motor
9vehicle or hit-and-run motor vehicle cannot be identified.
10This subsection shall not apply to any policy which does not
11provide primary motor vehicle liability insurance for
12liabilities arising from the maintenance, operation, or use of
13a specifically insured motor vehicle.
14    Each insurance company providing motor vehicle property
15damage liability insurance shall advise applicants of the
16availability of uninsured motor vehicle property damage
17coverage, the premium therefor, and provide a brief
18description of the coverage. That information need be given
19only once and shall not be required in any subsequent renewal,
20reinstatement or reissuance, substitute, amended, replacement
21or supplementary policy. No written rejection shall be
22required, and the absence of a premium payment for uninsured
23motor vehicle property damage shall constitute conclusive
24proof that the applicant or policyholder has elected not to
25accept uninsured motorist property damage coverage.
26    An insurance company issuing uninsured motor vehicle

 

 

HB5496- 88 -LRB102 25260 LNS 34533 b

1property damage coverage may provide that:
2        (i) Property damage losses recoverable thereunder
3    shall be limited to damages caused by the actual physical
4    contact of an uninsured motor vehicle with the insured
5    motor vehicle.
6        (ii) There shall be no coverage for loss of use of the
7    insured motor vehicle and no coverage for loss or damage
8    to personal property located in the insured motor vehicle.
9        (iii) Any claim submitted shall include the name and
10    address of the owner of the at-fault uninsured motor
11    vehicle, or a registration number and description of the
12    vehicle, or any other available information to establish
13    that there is no applicable motor vehicle property damage
14    liability insurance.
15    Any dispute with respect to the coverage and the amount of
16damages shall be submitted for arbitration to the American
17Arbitration Association and be subject to its rules for the
18conduct of arbitration hearings or for determination in the
19following manner: Upon the insured requesting arbitration,
20each party to the dispute shall select an arbitrator and the 2
21arbitrators so named shall select a third arbitrator. If such
22arbitrators are not selected within 45 days from such request,
23either party may request that the arbitration be submitted to
24the American Arbitration Association. Any arbitration
25proceeding under this subsection seeking recovery for property
26damages shall be subject to the following rules:

 

 

HB5496- 89 -LRB102 25260 LNS 34533 b

1        (A) If at least 60 days' written notice of the
2    intention to offer the following documents in evidence is
3    given to every other party, accompanied by a copy of the
4    document, a party may offer in evidence, without
5    foundation or other proof:
6            (1) property repair bills or estimates, when
7        identified and itemized setting forth the charges for
8        labor and material used or proposed for use in the
9        repair of the property;
10            (2) the written opinion of an opinion witness, the
11        deposition of a witness, and the statement of a
12        witness that the witness would be allowed to express
13        if testifying in person, if the opinion or statement
14        is made by affidavit or by certification as provided
15        in Section 1-109 of the Code of Civil Procedure;
16            (3) any other document not specifically covered by
17        any of the foregoing provisions that is otherwise
18        admissible under the rules of evidence.
19        Any party receiving a notice under this paragraph (A)
20    may apply to the arbitrator or panel of arbitrators, as
21    the case may be, for the issuance of a subpoena directed to
22    the author or maker or custodian of the document that is
23    the subject of the notice, requiring the person subpoenaed
24    to produce copies of any additional documents as may be
25    related to the subject matter of the document that is the
26    subject of the notice. Any such subpoena shall be issued

 

 

HB5496- 90 -LRB102 25260 LNS 34533 b

1    in substantially similar form and served by notice as
2    provided by Illinois Supreme Court Rule 204(a)(4). Any
3    such subpoena shall be returnable not less than 5 days
4    before the arbitration hearing.
5        (B) Notwithstanding the provisions of Supreme Court
6    Rule 213(g), a party who proposes to use a written opinion
7    of an expert or opinion witness or the testimony of an
8    expert or opinion witness at the hearing may do so
9    provided a written notice of that intention is given to
10    every other party not less than 60 days prior to the date
11    of hearing, accompanied by a statement containing the
12    identity of the witness, his or her qualifications, the
13    subject matter, the basis of the witness's conclusions,
14    and his or her opinion.
15        (C) Any other party may subpoena the author or maker
16    of a document admissible under this subsection, at that
17    party's expense, and examine the author or maker as if
18    under cross-examination. The provisions of Section 2-1101
19    of the Code of Civil Procedure shall be applicable to
20    arbitration hearings, and it shall be the duty of a party
21    requesting the subpoena to modify the form to show that
22    the appearance is set before an arbitration panel and to
23    give the time and place set for the hearing.
24        (D) The provisions of Section 2-1102 of the Code of
25    Civil Procedure shall be applicable to arbitration
26    hearings under this subsection.

 

 

HB5496- 91 -LRB102 25260 LNS 34533 b

1    (3) For the purpose of the coverage, the term "uninsured
2motor vehicle" includes, subject to the terms and conditions
3of the coverage, a motor vehicle where on, before, or after the
4accident date of the crash the liability insurer thereof is
5unable to make payment with respect to the legal liability of
6its insured within the limits specified in the policy because
7of the entry by a court of competent jurisdiction of an order
8of rehabilitation or liquidation by reason of insolvency on or
9after the accident date of the crash. An insurer's extension
10of coverage, as provided in this subsection, shall be
11applicable to all crashes accidents occurring after July 1,
121967 during a policy period in which its insured's uninsured
13motor vehicle coverage is in effect. Nothing in this Section
14may be construed to prevent any insurer from extending
15coverage under terms and conditions more favorable to its
16insureds than is required by this Section.
17    (4) In the event of payment to any person under the
18coverage required by this Section and subject to the terms and
19conditions of the coverage, the insurer making the payment
20shall, to the extent thereof, be entitled to the proceeds of
21any settlement or judgment resulting from the exercise of any
22rights of recovery of the person against any person or
23organization legally responsible for the property damage,
24bodily injury or death for which the payment is made,
25including the proceeds recoverable from the assets of the
26insolvent insurer. With respect to payments made by reason of

 

 

HB5496- 92 -LRB102 25260 LNS 34533 b

1the coverage described in subsection (3), the insurer making
2such payment shall not be entitled to any right of recovery
3against the tortfeasor in excess of the proceeds recovered
4from the assets of the insolvent insurer of the tortfeasor.
5    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
6page 875) shall not be construed to terminate or reduce any
7insurance coverage or any right of any party under this Code in
8effect before July 1, 1967. Public Act 86-1155 shall not be
9construed to terminate or reduce any insurance coverage or any
10right of any party under this Code in effect before its
11effective date.
12    (6) Failure of the motorist from whom the claimant is
13legally entitled to recover damages to file the appropriate
14forms with the Safety Responsibility Section of the Department
15of Transportation within 120 days of the accident date of the
16crash shall create a rebuttable presumption that the motorist
17was uninsured at the time of the injurious occurrence.
18    (7) An insurance carrier may upon good cause require the
19insured to commence a legal action against the owner or
20operator of an uninsured motor vehicle before good faith
21negotiation with the carrier. If the action is commenced at
22the request of the insurance carrier, the carrier shall pay to
23the insured, before the action is commenced, all court costs,
24jury fees and sheriff's fees arising from the action.
25    The changes made by Public Act 90-451 apply to all
26policies of insurance amended, delivered, issued, or renewed

 

 

HB5496- 93 -LRB102 25260 LNS 34533 b

1on and after January 1, 1998 (the effective date of Public Act
290-451).
3    (8) The changes made by Public Act 98-927 apply to all
4policies of insurance amended, delivered, issued, or renewed
5on and after January 1, 2015 (the effective date of Public Act
698-927).
7(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15;
899-642, eff. 7-28-16.)
 
9    (215 ILCS 5/143a-2)  (from Ch. 73, par. 755a-2)
10    Sec. 143a-2. (1) Additional uninsured motor vehicle
11coverage. No policy insuring against loss resulting from
12liability imposed by law for bodily injury or death suffered
13by any person arising out of the ownership, maintenance or use
14of a motor vehicle shall be renewed or delivered or issued for
15delivery in this State with respect to any motor vehicle
16designed for use on public highways and required to be
17registered in this State unless uninsured motorist coverage as
18required in Section 143a of this Code is included in an amount
19equal to the insured's bodily injury liability limits unless
20specifically rejected by the insured as provided in paragraph
21(2) of this Section. Each insurance company providing the
22coverage must provide applicants with a brief description of
23the coverage and advise them of their right to reject the
24coverage in excess of the limits set forth in Section 7-203 of
25the Illinois Vehicle Code. The provisions of this amendatory

 

 

HB5496- 94 -LRB102 25260 LNS 34533 b

1Act of 1990 apply to policies of insurance applied for after
2June 30, 1991.
3    (2) Right of rejection of additional uninsured motorist
4coverage. Any named insured or applicant may reject additional
5uninsured motorist coverage in excess of the limits set forth
6in Section 7-203 of the Illinois Vehicle Code by making a
7written request for limits of uninsured motorist coverage
8which are less than bodily injury liability limits or a
9written rejection of limits in excess of those required by
10law. This election or rejection shall be binding on all
11persons insured under the policy. In those cases where the
12insured has elected to purchase limits of uninsured motorist
13coverage which are less than bodily injury liability limits or
14to reject limits in excess of those required by law, the
15insurer need not provide in any renewal, reinstatement,
16reissuance, substitute, amended, replacement or supplementary
17policy, coverage in excess of that elected by the insured in
18connection with a policy previously issued to such insured by
19the same insurer unless the insured subsequently makes a
20written request for such coverage.
21    (3) The original document indicating the applicant's
22selection of uninsured motorist coverage limits shall
23constitute sufficient evidence of the applicant's selection of
24uninsured motorist coverage limits. For purposes of this
25Section any reproduction of the document by means of
26photograph, photostat, microfiche, computerized optical

 

 

HB5496- 95 -LRB102 25260 LNS 34533 b

1imaging process, or other similar process or means of
2reproduction shall be deemed the equivalent of the original
3document.
4    (4) For the purpose of this Code the term "underinsured
5motor vehicle" means a motor vehicle whose ownership,
6maintenance or use has resulted in bodily injury or death of
7the insured, as defined in the policy, and for which the sum of
8the limits of liability under all bodily injury liability
9insurance policies or under bonds or other security required
10to be maintained under Illinois law applicable to the driver
11or to the person or organization legally responsible for such
12vehicle and applicable to the vehicle, is less than the limits
13for underinsured coverage provided the insured as defined in
14the policy at the time of the crash accident. The limits of
15liability for an insurer providing underinsured motorist
16coverage shall be the limits of such coverage, less those
17amounts actually recovered under the applicable bodily injury
18insurance policies, bonds or other security maintained on the
19underinsured motor vehicle.
20     On or after July 1, 1983, no policy insuring against loss
21resulting from liability imposed by law for bodily injury or
22death suffered by any person arising out of the ownership,
23maintenance or use of a motor vehicle shall be renewed or
24delivered or issued for delivery in this State with respect to
25any motor vehicle designed for use on public highways and
26required to be registered in this State unless underinsured

 

 

HB5496- 96 -LRB102 25260 LNS 34533 b

1motorist coverage is included in such policy in an amount
2equal to the total amount of uninsured motorist coverage
3provided in that policy where such uninsured motorist coverage
4exceeds the limits set forth in Section 7-203 of the Illinois
5Vehicle Code.
6    The changes made to this subsection (4) by this amendatory
7Act of the 93rd General Assembly apply to policies issued or
8renewed on or after December 1, 2004.
9    (5) Scope. Nothing herein shall prohibit an insurer from
10setting forth policy terms and conditions which provide that
11if the insured has coverage available under this Section under
12more than one policy or provision of coverage, any recovery or
13benefits may be equal to, but may not exceed, the higher of the
14applicable limits of the respective coverage, and the limits
15of liability under this Section shall not be increased because
16of multiple motor vehicles covered under the same policy of
17insurance. Insurers providing liability coverage on an excess
18or umbrella basis are neither required to provide, nor are
19they prohibited from offering or making available coverages
20conforming to this Section on a supplemental basis.
21Notwithstanding the provisions of this Section, an insurer
22shall not be prohibited from solely providing a combination of
23uninsured and underinsured motorist coverages where the limits
24of liability under each coverage is in the same amount.
25    (6) Subrogation against underinsured motorists. No insurer
26shall exercise any right of subrogation under a policy

 

 

HB5496- 97 -LRB102 25260 LNS 34533 b

1providing additional uninsured motorist coverage against an
2underinsured motorist where the insurer has been provided with
3written notice in advance of a settlement between its insured
4and the underinsured motorist and the insurer fails to advance
5a payment to the insured, in an amount equal to the tentative
6settlement, within 30 days following receipt of such notice.
7    (7) A policy which provides underinsured motor vehicle
8coverage may include a clause which denies payment until the
9limits of liability or portion thereof under all bodily injury
10liability insurance policies applicable to the underinsured
11motor vehicle and its operators have been partially or fully
12exhausted by payment of judgment or settlement. A judgment or
13settlement of the bodily injury claim in an amount less than
14the limits of liability of the bodily injury coverages
15applicable to the claim shall not preclude the claimant from
16making an underinsured motorist claim against the underinsured
17motorist coverage. Any such provision in a policy of insurance
18shall be inapplicable if the insured, or the legal
19representative of the insured, and the insurer providing
20underinsured motor vehicle coverage agree that the insured has
21suffered bodily injury or death as the result of the negligent
22operation, maintenance, or use of an underinsured motor
23vehicle and, without arbitration, agree also on the amount of
24damages that the insured is legally entitled to collect. The
25maximum amount payable pursuant to such an underinsured motor
26vehicle insurance settlement agreement shall not exceed the

 

 

HB5496- 98 -LRB102 25260 LNS 34533 b

1amount by which the limits of the underinsured motorist
2coverage exceed the limits of the bodily injury liability
3insurance of the owner or operator of the underinsured motor
4vehicle. Any such agreement shall be final as to the amount due
5and shall be binding upon both the insured and the
6underinsured motorist insurer regardless of the amount of any
7judgment, or any settlement reached between any insured and
8the person or persons responsible for the crash accident. No
9such settlement agreement shall be concluded unless: (i) the
10insured has complied with all other applicable policy terms
11and conditions; and (ii) before the conclusion of the
12settlement agreement, the insured has filed suit against the
13underinsured motor vehicle owner or operator and has not
14abandoned the suit, or settled the suit without preserving the
15rights of the insurer providing underinsured motor vehicle
16coverage in the manner described in paragraph (6) of this
17Section.
18(Source: P.A. 93-762, eff. 7-16-04.)
 
19    Section 60. The Child Care Act of 1969 is amended by
20changing Section 5.1 as follows:
 
21    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
22    Sec. 5.1. (a) The Department shall ensure that no day care
23center, group home or child care institution as defined in
24this Act shall on a regular basis transport a child or children

 

 

HB5496- 99 -LRB102 25260 LNS 34533 b

1with any motor vehicle unless such vehicle is operated by a
2person who complies with the following requirements:
3        1. is 21 years of age or older;
4        2. currently holds a valid driver's license, which has
5    not been revoked or suspended for one or more traffic
6    violations during the 3 years immediately prior to the
7    date of application;
8        3. demonstrates physical fitness to operate vehicles
9    by submitting the results of a medical examination
10    conducted by a licensed physician;
11        4. has not been convicted of more than 2 offenses
12    against traffic regulations governing the movement of
13    vehicles within a twelve month period;
14        5. has not been convicted of reckless driving or
15    driving under the influence or manslaughter or reckless
16    homicide resulting from the operation of a motor vehicle
17    within the past 3 years;
18        6. has signed and submitted a written statement
19    certifying that he has not, through the unlawful operation
20    of a motor vehicle, caused a crash an accident which
21    resulted in the death of any person within the 5 years
22    immediately prior to the date of application.
23    However, such day care centers, group homes and child care
24institutions may provide for transportation of a child or
25children for special outings, functions or purposes that are
26not scheduled on a regular basis without verification that

 

 

HB5496- 100 -LRB102 25260 LNS 34533 b

1drivers for such purposes meet the requirements of this
2Section.
3    (a-5) As a means of ensuring compliance with the
4requirements set forth in subsection (a), the Department shall
5implement appropriate measures to verify that every individual
6who is employed at a group home or child care institution meets
7those requirements.
8    For every individual employed at a group home or child
9care institution who regularly transports children in the
10course of performing his or her duties, the Department must
11make the verification every 2 years. Upon the Department's
12request, the Secretary of State shall provide the Department
13with the information necessary to enable the Department to
14make the verifications required under subsection (a).
15    In the case of an individual employed at a group home or
16child care institution who becomes subject to subsection (a)
17for the first time after the effective date of this amendatory
18Act of the 94th General Assembly, the Department must make
19that verification with the Secretary of State before the
20individual operates a motor vehicle to transport a child or
21children under the circumstances described in subsection (a).
22    In the case of an individual employed at a group home or
23child care institution who is subject to subsection (a) on the
24effective date of this amendatory Act of the 94th General
25Assembly, the Department must make that verification with the
26Secretary of State within 30 days after that effective date.

 

 

HB5496- 101 -LRB102 25260 LNS 34533 b

1    If the Department discovers that an individual fails to
2meet the requirements set forth in subsection (a), the
3Department shall promptly notify the appropriate group home or
4child care institution.
5    (b) Any individual who holds a valid Illinois school bus
6driver permit issued by the Secretary of State pursuant to The
7Illinois Vehicle Code, and who is currently employed by a
8school district or parochial school, or by a contractor with a
9school district or parochial school, to drive a school bus
10transporting children to and from school, shall be deemed in
11compliance with the requirements of subsection (a).
12    (c) The Department may, pursuant to Section 8 of this Act,
13revoke the license of any day care center, group home or child
14care institution that fails to meet the requirements of this
15Section.
16    (d) A group home or child care institution that fails to
17meet the requirements of this Section is guilty of a petty
18offense and is subject to a fine of not more than $1,000. Each
19day that a group home or child care institution fails to meet
20the requirements of this Section is a separate offense.
21(Source: P.A. 94-943, eff. 1-1-07.)
 
22    Section 65. The Liquor Control Act of 1934 is amended by
23changing Section 6-29.1 as follows:
 
24    (235 ILCS 5/6-29.1)

 

 

HB5496- 102 -LRB102 25260 LNS 34533 b

1    Sec. 6-29.1. Direct shipments of alcoholic liquor.
2    (a) The General Assembly makes the following findings:
3        (1) The General Assembly of Illinois, having reviewed
4    this Act in light of the United States Supreme Court's
5    2005 decision in Granholm v. Heald, has determined to
6    conform that law to the constitutional principles
7    enunciated by the Court in a manner that best preserves
8    the temperance, revenue, and orderly distribution values
9    of this Act.
10        (2) Minimizing automobile crashes accidents and
11    fatalities, domestic violence, health problems, loss of
12    productivity, unemployment, and other social problems
13    associated with dependency and improvident use of
14    alcoholic beverages remains the policy of Illinois.
15        (3) To the maximum extent constitutionally feasible,
16    Illinois desires to collect sufficient revenue from excise
17    and use taxes on alcoholic beverages for the purpose of
18    responding to such social problems.
19        (4) Combined with family education and individual
20    discipline, retail validation of age, and assessment of
21    the capacity of the consumer remains the best pre-sale
22    social protection against the problems associated with the
23    abuse of alcoholic liquor.
24        (5) Therefore, the paramount purpose of this
25    amendatory Act is to continue to carefully limit direct
26    shipment sales of wine produced by makers of wine and to

 

 

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1    continue to prohibit such direct shipment sales for
2    spirits and beer.
3    For these reasons, the Commission shall establish a system
4to notify the out-of-state trade of this prohibition and to
5detect violations. The Commission shall request the Attorney
6General to extradite any offender.
7    (b) Pursuant to the Twenty-First Amendment of the United
8States Constitution allowing states to regulate the
9distribution and sale of alcoholic liquor and pursuant to the
10federal Webb-Kenyon Act declaring that alcoholic liquor
11shipped in interstate commerce must comply with state laws,
12the General Assembly hereby finds and declares that selling
13alcoholic liquor from a point outside this State through
14various direct marketing means, such as catalogs, newspapers,
15mailers, and the Internet, directly to residents of this State
16poses a serious threat to the State's efforts to prevent
17youths from accessing alcoholic liquor; to State revenue
18collections; and to the economy of this State.
19    Any person manufacturing, distributing, or selling
20alcoholic liquor who knowingly ships or transports or causes
21the shipping or transportation of any alcoholic liquor from a
22point outside this State to a person in this State who does not
23hold a manufacturer's, distributor's, importing distributor's,
24or non-resident dealer's license issued by the Liquor Control
25Commission, other than a shipment of sacramental wine to a
26bona fide religious organization, a shipment authorized by

 

 

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1Section 6-29, subparagraph (17) of Section 3-12, or any other
2shipment authorized by this Act, is in violation of this Act.
3    The Commission, upon determining, after investigation,
4that a person has violated this Section, shall give notice to
5the person by certified mail to cease and desist all shipments
6of alcoholic liquor into this State and to withdraw from this
7State within 5 working days after receipt of the notice all
8shipments of alcoholic liquor then in transit. A person who
9violates the cease and desist notice is subject to the
10applicable penalties in subsection (a) of Section 10-1 of this
11Act.
12(Source: P.A. 99-904, eff. 1-1-17.)
 
13    Section 70. The Suicide Prevention, Education, and
14Treatment Act is amended by changing Section 5 as follows:
 
15    (410 ILCS 53/5)
16    Sec. 5. Legislative findings. The General Assembly makes
17the following findings:
18        (1) 1,474 Illinoisans lost their lives to suicide in
19    2017. During 2016, suicide was the eleventh leading cause
20    of death in Illinois, causing more deaths than homicide,
21    motor vehicle crashes accidents, accidental falls, and
22    numerous prevalent diseases, including liver disease,
23    hypertension, influenza/pneumonia, Parkinson's disease,
24    and HIV. Suicide was the third leading cause of death of

 

 

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1    ages 15 to 34 and the fourth leading cause of death of ages
2    35 to 54. Those living outside of urban areas are
3    particularly at risk for suicide, with a rate that is 50%
4    higher than those living in urban areas.
5        (2) For every person who dies by suicide, more than 30
6    others attempt suicide.
7        (3) Each suicide attempt and death impacts countless
8    other individuals. Family members, friends, co-workers,
9    and others in the community all suffer the long-lasting
10    consequences of suicidal behaviors.
11        (4) Suicide attempts and deaths by suicide have an
12    economic impact on Illinois. The National Center for
13    Injury Prevention and Control estimates that in 2010 each
14    suicide death in Illinois resulted in $1,181,549 in
15    medical costs and work loss costs. It also estimated that
16    each hospitalization for self-harm resulted in $31,019 in
17    medical costs and work loss costs and each emergency room
18    visit for self-harm resulted in $4,546 in medical costs
19    and work loss costs.
20        (5) In 2004, the Illinois General Assembly passed the
21    Suicide Prevention, Education, and Treatment Act (Public
22    Act 93-907), which required the Illinois Department of
23    Public Health to establish the Illinois Suicide Prevention
24    Strategic Planning Committee to develop the Illinois
25    Suicide Prevention Strategic Plan. That law required the
26    use of the 2002 United States Surgeon General's National

 

 

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1    Suicide Prevention Strategy as a model for the Plan.
2    Public Act 95-109 changed the name of the committee to the
3    Illinois Suicide Prevention Alliance. The Illinois Suicide
4    Prevention Strategic Plan was submitted in 2007 and
5    updated in 2018.
6        (6) In 2004, there were 1,028 suicide deaths in
7    Illinois, which the Centers for Disease Control reports
8    was an age-adjusted rate of 8.11 deaths per 100,000. The
9    Centers for Disease Control reports that the 1,474 suicide
10    deaths in 2017 result in an age-adjusted rate of 11.19
11    deaths per 100,000. Thus, since the enactment of Public
12    Act 93-907, the rate of suicides in Illinois has risen by
13    38%.
14        (7) Since the enactment of Public Act 93-907, there
15    have been numerous developments in suicide prevention,
16    including the issuance of the 2012 National Strategy for
17    Suicide Prevention by the United States Surgeon General
18    and the National Action Alliance for Suicide Prevention
19    containing new strategies and recommended activities for
20    local governmental bodies.
21        (8) Despite the obvious impact of suicide on Illinois
22    citizens, Illinois has devoted minimal resources to its
23    prevention. There is no full-time coordinator or director
24    of suicide prevention activities in the State. Moreover,
25    the Suicide Prevention Strategic Plan is still modeled on
26    the now obsolete 2002 National Suicide Prevention

 

 

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1    Strategy.
2        (9) It is necessary to revise the Suicide Prevention
3    Strategic Plan to reflect the most current National
4    Suicide Prevention Strategy as well as current research
5    and experience into the prevention of suicide.
6        (10) One of the goals adopted in the 2012 National
7    Strategy for Suicide Prevention is to promote suicide
8    prevention as a core component of health care services so
9    there is an active engagement of health and social
10    services, as well as the coordination of care across
11    multiple settings, thereby ensuring continuity of care and
12    promoting patient safety.
13        (11) Integrating suicide prevention into behavioral
14    and physical health care services can save lives. National
15    data indicate that: over 30% of individuals are receiving
16    mental health care at the time of their deaths by suicide;
17    45% have seen their primary care physicians within one
18    month of their deaths; and 25% of those who die of suicide
19    visited an emergency department in the year prior to their
20    deaths.
21        (12) The Zero Suicide model is a part of the National
22    Strategy for Suicide Prevention, a priority of the
23    National Action Alliance for Suicide Prevention, and a
24    project of the Suicide Prevention Resource Center that
25    implements the goal of making suicide prevention a core
26    component of health care services.

 

 

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1        (13) The Zero Suicide model is built on the
2    foundational belief and aspirational goal that suicide
3    deaths of individuals who are under the care of our health
4    care systems are preventable with the adoption of
5    comprehensive training, patient engagement, transition,
6    and quality improvement.
7        (14) Health care systems, including mental and
8    behavioral health systems and hospitals, that have
9    implemented the Zero Suicide model have noted significant
10    reductions in suicide deaths for patients within their
11    care.
12        (15) The Suicide Prevention Resource Center
13    facilitates adoption of the Zero Suicide model by
14    providing comprehensive information, resources, and tools
15    for its implementation.
16(Source: P.A. 101-331, eff. 8-9-19.)
 
17    Section 75. The Compassionate Use of Medical Cannabis
18Program Act is amended by changing Section 5 as follows:
 
19    (410 ILCS 130/5)
20    Sec. 5. Findings.
21    (a) The recorded use of cannabis as a medicine goes back
22nearly 5,000 years. Modern medical research has confirmed the
23beneficial uses of cannabis in treating or alleviating the
24pain, nausea, and other symptoms associated with a variety of

 

 

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1debilitating medical conditions, including cancer, multiple
2sclerosis, and HIV/AIDS, as found by the National Academy of
3Sciences' Institute of Medicine in March 1999.
4    (b) Studies published since the 1999 Institute of Medicine
5report continue to show the therapeutic value of cannabis in
6treating a wide array of debilitating medical conditions.
7These include relief of the neuropathic pain caused by
8multiple sclerosis, HIV/AIDS, and other illnesses that often
9fail to respond to conventional treatments and relief of
10nausea, vomiting, and other side effects of drugs used to
11treat HIV/AIDS and hepatitis C, increasing the chances of
12patients continuing on life-saving treatment regimens.
13    (c) Cannabis has many currently accepted medical uses in
14the United States, having been recommended by thousands of
15licensed physicians to at least 600,000 patients in states
16with medical cannabis laws. The medical utility of cannabis is
17recognized by a wide range of medical and public health
18organizations, including the American Academy of HIV Medicine,
19the American College of Physicians, the American Nurses
20Association, the American Public Health Association, the
21Leukemia & Lymphoma Society, and many others.
22    (d) Data from the Federal Bureau of Investigation's
23Uniform Crime Reports and the Compendium of Federal Justice
24Statistics show that approximately 99 out of every 100
25cannabis arrests in the U.S. are made under state law, rather
26than under federal law. Consequently, changing State law will

 

 

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1have the practical effect of protecting from arrest the vast
2majority of seriously ill patients who have a medical need to
3use cannabis.
4    (d-5) In 2014, the Task Force on Veterans' Suicide was
5created by the Illinois General Assembly to gather data on
6veterans' suicide prevention. Data from a U.S. Department of
7Veterans Affairs study indicates that 22 veterans commit
8suicide each day.
9    (d-10) According to the State of Illinois Opioid Action
10Plan released in September 2017, "The opioid epidemic is the
11most significant public health and public safety crisis facing
12Illinois". According to the Action Plan, "Fueled by the
13growing opioid epidemic, drug overdoses have now become the
14leading cause of death nationwide for people under the age of
1550. In Illinois, opioid overdoses have killed nearly 11,000
16people since 2008. Just last year, nearly 1,900 people died of
17overdoses—almost twice the number of fatal car crashes
18accidents. Beyond these deaths are thousands of emergency
19department visits, hospital stays, as well as the pain
20suffered by individuals, families, and communities".
21    According to the Action Plan, "At the current rate, the
22opioid epidemic will claim the lives of more than 2,700
23Illinoisans in 2020".
24    Further, the Action Plan states, "Physical tolerance to
25opioids can begin to develop as early as two to three days
26following the continuous use of opioids, which is a large

 

 

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1factor that contributes to their addictive potential".
2    The 2017 State of Illinois Opioid Action Plan also states,
3"The increase in OUD [opioid use disorder] and opioid overdose
4deaths is largely due to the dramatic rise in the rate and
5amount of opioids prescribed for pain over the past decades".
6    Further, according to the Action Plan, "In the absence of
7alternative treatments, reducing the supply of prescription
8opioids too abruptly may drive more people to switch to using
9illicit drugs (including heroin), thus increasing the risk of
10overdose".
11    (e) Alaska, Arizona, California, Colorado, Connecticut,
12Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana,
13Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont,
14Washington, and Washington, D.C. have removed state-level
15criminal penalties from the medical use and cultivation of
16cannabis. Illinois joins in this effort for the health and
17welfare of its citizens.
18    (f) States are not required to enforce federal law or
19prosecute people for engaging in activities prohibited by
20federal law. Therefore, compliance with this Act does not put
21the State of Illinois in violation of federal law.
22    (g) State law should make a distinction between the
23medical and non-medical uses of cannabis. Hence, the purpose
24of this Act is to protect patients with debilitating medical
25conditions, as well as their physicians and providers, from
26arrest and prosecution, criminal and other penalties, and

 

 

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1property forfeiture if the patients engage in the medical use
2of cannabis.
3(Source: P.A. 99-519, eff. 6-30-16; 100-1114, eff. 8-28-18.)
 
4    Section 80. The Burn Injury Reporting Act is amended by
5changing Section 5 as follows:
 
6    (425 ILCS 7/5)
7    Sec. 5. Burn injury reporting.
8    (a) Every case of a burn injury treated in a hospital as
9described in this Act may be reported to the Office of the
10State Fire Marshal. The hospital's administrator, manager,
11superintendent, or his or her designee deciding to report
12under this Act shall make an oral report of every burn injury
13in a timely manner as soon as treatment permits, except as
14provided in subsection (c) of this Section, that meets one of
15the following criteria:
16        (1) a person receives a serious second-degree burn or
17    a third degree burn, but not a radiation burn, to 10% or
18    more of the person's body as a whole;
19        (2) a person sustains a burn to the upper respiratory
20    tract or occurring laryngeal edema due to the inhalation
21    of superheated air;
22        (3) a person sustains any burn injury likely to result
23    in death; or
24        (4) a person sustains any other burn injury not

 

 

HB5496- 113 -LRB102 25260 LNS 34533 b

1    excluded by subsection (c).
2    (b) The oral report shall consist of notification by
3telephone to the Office of the State Fire Marshal using a
4toll-free number established by the Office of the State Fire
5Marshal for this purpose.
6    (c) A hospital's administrator, manager, superintendent,
7or his or her designee deciding to report under this Act shall
8not report any of the following burn injuries:
9        (1) a burn injury of an emergency medical responder,
10    as defined in Section 3.50 of the Emergency Medical
11    Services (EMS) Systems Act, sustained in the line of duty;
12        (2) a burn injury caused by lighting;
13        (3) a burn injury caused by a motor vehicle crash
14    accident; or
15        (4) a burn injury caused by an identifiable industrial
16    accident or work-related accident.
17(Source: P.A. 98-973, eff. 8-15-14.)
 
18    Section 85. The Illinois Public Health and Safety Animal
19Population Control Act is amended by changing Section 5 as
20follows:
 
21    (510 ILCS 92/5)
22    Sec. 5. Findings. The General Assembly finds the
23following:
24        (1) Controlling the dog and cat population would have

 

 

HB5496- 114 -LRB102 25260 LNS 34533 b

1    a significant benefit to the public health and safety by
2    aiding in the prevention of dog attacks, reducing the
3    number of dog and cat bite cases involving children, and
4    decreasing the number of automobile crashes accidents
5    caused by stray dogs and cats.
6        (2) Increasing the number of rabies-vaccinated, owned
7    pets in low-income areas will reduce potential threats to
8    public health and safety from rabies.
9        (3) Controlling the dog and cat population will save
10    taxpayer dollars by reducing the number of dogs and cats
11    handled by county and municipal animal control agencies.
12    Targeted low-cost spay or neuter programs for dogs and
13    cats in select Illinois counties and other states have
14    proven to save taxpayers money.
15        (4) This Act is established to provide a variety of
16    means by which population control and rabies vaccinations
17    may be financed.
18(Source: P.A. 94-639, eff. 8-22-05.)
 
19    Section 90. The Illinois Highway Code is amended by
20changing Section 1-102 as follows:
 
21    (605 ILCS 5/1-102)  (from Ch. 121, par. 1-102)
22    Sec. 1-102. It is the intent and declared policy of the
23legislature that an integrated system of highways and streets
24is essential to the general welfare and to the agricultural,

 

 

HB5496- 115 -LRB102 25260 LNS 34533 b

1industrial, recreational, and social development of the State.
2In view of the rapid growth of the State's economy and
3increased use of public highways, the provision of safe and
4efficient highway transportation is a matter of public
5concern. It is the declared and continuous policy of the
6legislature to provide for improvement of highways and the
7highway transportation system as well as the preservation of
8investment in highways. To that end it is intended to provide
9for integrated and systematic planning and orderly development
10in accordance with actual needs. It is further declared that
11the provision of such a system with efficient management,
12operation, and control, and the elimination of congestion,
13crash accident reduction, and safety is an urgent problem and
14proper objective of highway legislation. It is further
15declared that highway transportation system development
16requires the cooperation of State, county, township, and
17municipal highway agencies and coordination of their
18activities on a continuous and partnership basis and the
19legislature intends such cooperative relationships to
20accomplish this purpose.
21    It is also the intent and declared policy of the
22legislature that no public moneys derived from fees, excises
23or license taxes relating to registration, operation and use
24of vehicles on public highways or to fuels used for the
25propulsion of such vehicles, shall be appropriated or expended
26other than for costs of administering the laws imposing such

 

 

HB5496- 116 -LRB102 25260 LNS 34533 b

1fees, excises and license taxes, statutory refunds and
2adjustments allowed thereunder, highway administrative costs,
3payment of debts and liabilities incurred in construction and
4reconstruction of public highways and bridges, acquisition of
5rights-of-way for, and the cost of construction,
6reconstruction, maintenance, repair and operation of public
7highways and bridges under the direction and supervision of
8the State, political subdivision or municipality collecting
9such moneys, and the costs for patrolling and policing the
10public highways (by State, political subdivision or
11municipality collecting such money) for enforcement of traffic
12laws. The separation of grades of such highways with railroads
13and costs associated with protection of at-grade highway and
14railroad crossings shall also be permissible.
15(Source: P.A. 81-2nd S.S.-3.)
 
16    Section 95. The Toll Highway Act is amended by changing
17Section 19.1 as follows:
 
18    (605 ILCS 10/19.1)
19    Sec. 19.1. Confidentiality of personally identifiable
20information obtained through electronic toll collection
21system.
22    (a) For purposes of this Section:
23    "Electronic toll collection system" is a system where a
24transponder, camera-based vehicle identification system, or

 

 

HB5496- 117 -LRB102 25260 LNS 34533 b

1other electronic medium is used to deduct payment of a toll
2from a subscriber's account or to establish an obligation to
3pay a toll.
4    "Electronic toll collection system user" means any natural
5person who subscribes to an electronic toll collection system
6or any natural person who uses a tolled transportation
7facility that employs the Authority's electronic toll
8collection system.
9    "Personally identifiable information" means any
10information that identifies or describes an electronic toll
11collection system user, including but not limited to travel
12pattern data, address, telephone number, e-mail address,
13license plate number, photograph, bank account information, or
14credit card number.
15    (b) Except as otherwise provided in this Section, the
16Authority may not sell or otherwise provide to any person or
17entity personally identifiable information of any electronic
18toll collection system user that the Authority obtains through
19the operation of its electronic toll collection system.
20    (c) The Authority may, within practical business and cost
21constraints, store personally identifiable information of an
22electronic toll collection system user only if the information
23is required to perform account functions such as billing,
24account settlement, or toll violation enforcement activities.
25    (d) By no later than December 31, 2011, the Authority
26shall establish a privacy policy regarding the collection and

 

 

HB5496- 118 -LRB102 25260 LNS 34533 b

1use of personally identifiable information. Upon its adoption,
2the policy shall be posted on the Authority's website and a
3copy shall be included with each transponder transmitted to a
4user. The policy shall include but need not be limited to the
5following:
6        (1) A description of the types of personally
7    identifiable information collected by the Authority.
8        (2) The categories of third-party persons or entities
9    with whom the Authority may share personally identifiable
10    information and for what purposes that information is
11    shared.
12        (3) The process by which the Authority notifies
13    electronic toll collection system users of material
14    changes to its privacy policy.
15        (4) The process by which an electronic toll collection
16    system user may review and request changes to any of his or
17    her personally identifiable information.
18        (5) The effective date of the privacy policy.
19    (e) This Section does not prohibit the Authority from:
20        (1) providing aggregated traveler information derived
21    from collective data relating to a group or category of
22    electronic toll collection system users from which
23    personally identifiable information has been removed;
24        (2) sharing data with another transportation agency or
25    third-party vendor to comply with interoperability
26    specifications and standards regarding electronic toll

 

 

HB5496- 119 -LRB102 25260 LNS 34533 b

1    collection devices and technologies, provided that the
2    other transportation agency or third-party vendor may not
3    use personally identifiable information obtained under
4    this Section for a purpose other than described in this
5    Section;
6        (3) performing financial, legal and accounting
7    functions such as billing, account settlement, toll
8    violation enforcement, or other activities required to
9    operate and manage its toll collection system;
10        (4) communicating about products and services offered
11    by itself, a business partner, or another public agency;
12        (5) using personally identifiable information in
13    research projects, provided that appropriate
14    confidentiality restrictions are employed to protect
15    against the unauthorized release of such information;
16        (6) releasing personally identifiable information in
17    response to a warrant, subpoena or lawful order from a
18    court of competent jurisdiction;
19        (7) releasing personally identifiable information to
20    law enforcement agencies in the case of an emergency when
21    obtaining a warrant or subpoena would be impractical; and
22        (8) releasing personally identifiable information to
23    the Authority's Inspector General or, at the Inspector
24    General's direction, to law enforcement agencies under
25    paragraphs (5) and (6) of subsection (f) of Section 8.5 of
26    this Act.

 

 

HB5496- 120 -LRB102 25260 LNS 34533 b

1    (f) In any agreement allowing another public entity to use
2the Authority's toll collection system in a transportation
3facility, the Authority shall require the other public entity
4to comply with the requirements of this Section.
5    (g) Personally identifiable information generated through
6the Authority's toll collection process that reveals the date,
7time, location or direction of travel by an electronic toll
8collection system user shall be exempt from release under the
9Illinois Freedom of Information Act. The exemption in this
10subsection shall not apply to information that concerns (i)
11the public duties of public employees and officials; (ii)
12whether an electronic toll collection system user has paid
13tolls; (iii) whether the Authority is enforcing toll violation
14penalties against electronic toll collection users who do not
15pay tolls; (iv) crashes accidents or other incidents that
16occur on highways under the jurisdiction of the Authority; or
17(v) the obligation, receipt, and use of the funds of the
18Authority. The exemption in this subsection (g) shall not be a
19limitation or restriction on other Freedom of Information Act
20exemptions applicable to personally identifiable information
21or private information.
22(Source: P.A. 97-342, eff. 8-12-11.)
 
23    Section 100. The Roadside Memorial Act is amended by
24changing Section 23.1 as follows:
 

 

 

HB5496- 121 -LRB102 25260 LNS 34533 b

1    (605 ILCS 125/23.1)
2    Sec. 23.1. Fatal crash accident memorial marker program.
3    (a) The fatal crash accident memorial marker program is
4intended to raise public awareness of traffic fatalities
5caused by reckless driving or other means by emphasizing the
6dangers while affording families an opportunity to remember
7the victims of traffic crashes.
8    (b) As used in this Section, "fatal crash accident
9memorial marker" means a marker on a highway in this State
10commemorating one or more persons who died as a proximate
11result of a crash caused by a driver who committed an act of
12reckless homicide in violation of Section 9-3 or 9-3.2 of the
13Criminal Code of 1961 or the Criminal Code of 2012 or who
14otherwise caused the death of one or more persons through the
15operation of a motor vehicle.
16    (c) For purposes of the fatal crash accident memorial
17marker program in this Section, the provisions of Section 15
18of this Act applicable to DUI memorial markers shall apply the
19same to fatal crash accident memorial markers.
20    (d) A fatal crash accident memorial marker shall consist
21of a white on blue panel bearing the message "Reckless Driving
22Costs Lives" if the victim or victims died as a proximate
23result of a crash caused by a driver who committed an act of
24reckless homicide in violation of Section 9-3 or 9-3.2 of the
25Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
26a fatal crash accident memorial marker shall consist of a

 

 

HB5496- 122 -LRB102 25260 LNS 34533 b

1white on blue panel bearing the message "Drive With Care". At
2the request of the qualified relative, a separate panel
3bearing the words "In Memory of (victim's name)", followed by
4the date of the crash that was the proximate cause of the loss
5of the victim's life, shall be mounted below the primary
6panel.
7    (e) A fatal crash accident memorial marker may memorialize
8more than one victim who died as a result of the same crash. If
9one or more additional deaths subsequently occur in close
10proximity to an existing fatal crash accident memorial marker,
11the supporting jurisdiction may use the same marker to
12memorialize the subsequent death or deaths, by adding the
13names of the additional persons.
14    (f) A fatal crash accident memorial marker shall be
15maintained for at least 2 years from the date the last person
16was memorialized on the marker.
17    (g) The supporting jurisdiction has the right to install a
18marker at a location other than the location of the crash or to
19relocate a marker due to restricted room, property owner
20complaints, interference with essential traffic control
21devices, safety concerns, or other restrictions. In these
22cases, the sponsoring jurisdiction may select an alternate
23location.
24    (h) The Department shall secure the consent of any
25municipality before placing a fatal crash accident memorial
26marker within the corporate limits of the municipality.

 

 

HB5496- 123 -LRB102 25260 LNS 34533 b

1    (i) A fee in an amount to be determined by the supporting
2jurisdiction shall be charged to the qualified relative. The
3fee shall not exceed the costs associated with the
4fabrication, installation, and maintenance of the fatal crash
5accident memorial marker.
6    (j) The provisions of this Section shall apply to any
7fatal crash accident marker constructed on or after January 1,
82013.
9(Source: P.A. 102-60, eff. 7-9-21.)
 
10    Section 105. The Illinois Vehicle Code is amended by
11changing Sections 1-146.5, 1-159.2, 1-164.5, 1-187.001,
121-197.6, 2-118.1, 2-123, 4-203, 5-101, 5-101.1, 5-102,
135-102.8, 6-101, 6-106.1, 6-106.1a, 6-106.2, 6-106.3, 6-106.4,
146-107, 6-107.5, 6-108.1, 6-113, 6-117, 6-117.2, 6-201, 6-205,
156-206, 6-208.1, 6-303, 6-402, 6-420, 6-500, 6-500.2, 6-514,
166-516, 6-703, 6-1002, 6-1004, 6-1009, 7-201, 7-201.1, 7-201.2,
177-202, 7-203, 7-204, 7-208, 7-209, 7-211, 7-212, 7-214, 7-216,
187-303, 7-309, 7-310, 7-311, 7-316, 7-317, 7-328, 7-329, 7-502,
197-504, 7-604, 9-105, 10-201, 11-208.6, 11-208.9, 11-401,
2011-402, 11-403, 11-404, 11-407, 11-408, 11-409, 11-411,
2111-412, 11-413, 11-414, 11-415, 11-416, 11-417, 11-501,
2211-501.1, 11-501.2, 11-501.4-1, 11-501.6, 11-501.7, 11-501.8,
2311-506, 11-610, 11-1431, 12-215, 12-604.1, 12-610.1, 12-610.2,
2412-707.01, 13-109, 13-111, 15-301, 16-108, 18a-301, 18b-105,
2518b-108, 18c-6502, 18c-7402, and 20-202 and the headings of

 

 

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1Article II of Chapter 7 and Article IV of Chapter 11 and by
2adding Section 20-205 as follows:
 
3    (625 ILCS 5/1-146.5)
4    Sec. 1-146.5. Motor vehicle crash accident data. Any
5information generated from a motor vehicle crash accident
6report or supplemental report, but shall not include a copy of
7the motor vehicle crash accident report or supplemental
8report, personally identifying information as defined in
9Section 1-159.2 of this Code, or any other information
10disclosure of which is prohibited by law.
11(Source: P.A. 100-96, eff. 1-1-18.)
 
12    (625 ILCS 5/1-159.2)
13    Sec. 1-159.2. Personally identifying information.
14Information that identifies an individual, including his or
15her driver's license number, name, address (but not the 5
16digit zip code), date of birth, height, weight, hair color,
17eye color, email address, and telephone number, but
18"personally identifying information" does not include
19information on vehicular crashes accidents, driving
20violations, and driver's status.
21(Source: P.A. 101-326, eff. 8-9-19.)
 
22    (625 ILCS 5/1-164.5)
23    Sec. 1-164.5. Proof of financial responsibility. Proof of

 

 

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1ability to respond in damages for any liability thereafter
2incurred resulting from the ownership, maintenance, use or
3operation of a motor vehicle for bodily injury to or death of
4any person in the amount of $25,000, and subject to this limit
5for any one person injured or killed, in the amount of $50,000
6for bodily injury to or death of 2 or more persons in any one
7crash accident, and for damage to property in the amount of
8$20,000 resulting from any one crash accident. This proof in
9these amounts shall be furnished for each motor vehicle
10registered by every person required to furnish this proof. The
11changes to this Section made by this amendatory Act of the 98th
12General Assembly apply only to policies issued or renewed on
13or after January 1, 2015.
14(Source: P.A. 98-519, eff. 1-1-15.)
 
15    (625 ILCS 5/1-187.001)
16    Sec. 1-187.001. Serious traffic violation.
17    (a) A conviction when operating a motor vehicle for:
18        (1) a violation of subsection (a) of Section 11-402,
19    relating to a motor vehicle crash accident involving
20    damage to a vehicle;
21        (2) a violation of Section 11-403, relating to failure
22    to stop and exchange information after a motor vehicle
23    collision, property damage only;
24        (3) a violation of subsection (a) of Section 11-502,
25    relating to illegal transportation, possession, or

 

 

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1    carrying of alcoholic liquor within the passenger area of
2    any vehicle;
3        (4) a violation of Section 6-101 relating to operating
4    a motor vehicle without a valid license or permit;
5        (5) a violation of Section 11-403, relating to failure
6    to stop and exchange information or give aid after a motor
7    vehicle collision involving personal injury or death;
8        (6) a violation relating to excessive speeding,
9    involving a single speeding charge of 26 miles per hour or
10    more above the legal speed limit;
11        (7) a violation relating to reckless driving;
12        (8) a violation of subsection (d) of Section 11-707,
13    relating to passing in a no-passing zone;
14        (9) a violation of subsection (b) of Section 11-1402,
15    relating to limitations on backing upon a controlled
16    access highway;
17        (10) a violation of subsection (b) of Section 11-707,
18    relating to driving on the left side of a roadway in a
19    no-passing zone;
20        (11) a violation of subsection (e) of Section 11-1002,
21    relating to failure to yield the right-of-way to a
22    pedestrian at an intersection;
23        (12) a violation of Section 11-1008, relating to
24    failure to yield to a pedestrian on a sidewalk; or
25        (13) a violation of Section 11-1201, relating to
26    failure to stop for an approaching railroad train or

 

 

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1    railroad track equipment or signals; or
2    (b) Any other similar violation of a law or local
3ordinance of any state relating to motor vehicle traffic
4control, other than a parking violation.
5    (c) A violation of any of these defined serious traffic
6offenses shall not preclude the defendant from being eligible
7to receive an order of court supervision under Section 5-6-1
8of the Unified Code of Corrections.
9(Source: P.A. 98-511, eff. 1-1-14.)
 
10    (625 ILCS 5/1-197.6)
11    Sec. 1-197.6. Statutory summary revocation of driving
12privileges. The revocation by the Secretary of State of a
13person's license or privilege to operate a motor vehicle on
14the public highways for the period provided in Section
156-208.1. Reinstatement after the revocation period shall occur
16after the person has been approved for reinstatement through
17an administrative hearing with the Secretary of State, has
18filed proof of financial responsibility, has paid the
19reinstatement fee as provided in Section 6-118, and has
20successfully completed all necessary examinations. The basis
21for this revocation of driving privileges shall be the
22individual's refusal to submit to or failure to complete a
23chemical test or tests following an arrest for the offense of
24driving under the influence of alcohol, other drugs, or
25intoxicating compounds, or any combination thereof involving a

 

 

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1motor vehicle crash accident that caused personal injury or
2death to another, as provided in Section 11-501.1 of this
3Code.
4(Source: P.A. 96-1344, eff. 7-1-11.)
 
5    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
6    Sec. 2-118.1. Opportunity for hearing; statutory summary
7alcohol or other drug related suspension or revocation
8pursuant to Section 11-501.1.
9    (a) A statutory summary suspension or revocation of
10driving privileges under Section 11-501.1 shall not become
11effective until the person is notified in writing of the
12impending suspension or revocation and informed that he may
13request a hearing in the circuit court of venue under
14paragraph (b) of this Section and the statutory summary
15suspension or revocation shall become effective as provided in
16Section 11-501.1.
17    (b) Within 90 days after the notice of statutory summary
18suspension or revocation served under Section 11-501.1, the
19person may make a written request for a judicial hearing in the
20circuit court of venue. The request to the circuit court shall
21state the grounds upon which the person seeks to have the
22statutory summary suspension or revocation rescinded. Within
2330 days after receipt of the written request or the first
24appearance date on the Uniform Traffic Ticket issued pursuant
25to a violation of Section 11-501, or a similar provision of a

 

 

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1local ordinance, the hearing shall be conducted by the circuit
2court having jurisdiction. This judicial hearing, request, or
3process shall not stay or delay the statutory summary
4suspension or revocation. The hearings shall proceed in the
5court in the same manner as in other civil proceedings.
6    The hearing may be conducted upon a review of the law
7enforcement officer's own official reports; provided however,
8that the person may subpoena the officer. Failure of the
9officer to answer the subpoena shall be considered grounds for
10a continuance if in the court's discretion the continuance is
11appropriate.
12    The scope of the hearing shall be limited to the issues of:
13        1. Whether the person was placed under arrest for an
14    offense as defined in Section 11-501, or a similar
15    provision of a local ordinance, as evidenced by the
16    issuance of a Uniform Traffic Ticket, or issued a Uniform
17    Traffic Ticket out of state as provided in subsection (a)
18    of Section 11-501.1; and
19        2. Whether the officer had reasonable grounds to
20    believe that the person was driving or in actual physical
21    control of a motor vehicle upon a highway while under the
22    influence of alcohol, other drug, or combination of both;
23    and
24        3. Whether the person, after being advised by the
25    officer that the privilege to operate a motor vehicle
26    would be suspended or revoked if the person refused to

 

 

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1    submit to and complete the test or tests, did refuse to
2    submit to or complete the test or tests to determine the
3    person's blood alcohol or drug concentration; or
4        4. Whether the person, after being advised by the
5    officer that the privilege to operate a motor vehicle
6    would be suspended if the person submits to a chemical
7    test, or tests, and the test discloses an alcohol
8    concentration of 0.08 or more, a tetrahydrocannabinol
9    concentration as defined in paragraph 6 of subsection (a)
10    of Section 11-501.2 of this Code, or any amount of a drug,
11    substance, or compound in the person's blood, other bodily
12    substance, or urine resulting from the unlawful use or
13    consumption of a controlled substance listed in the
14    Illinois Controlled Substances Act, an intoxicating
15    compound as listed in the Use of Intoxicating Compounds
16    Act, or methamphetamine as listed in the Methamphetamine
17    Control and Community Protection Act, and the person did
18    submit to and complete the test or tests that determined
19    an alcohol concentration of 0.08 or more.
20        4.2. (Blank).
21        4.5. (Blank).
22        5. If the person's driving privileges were revoked,
23    whether the person was involved in a motor vehicle crash
24    accident that caused Type A injury or death to another.
25    Upon the conclusion of the judicial hearing, the circuit
26court shall sustain or rescind the statutory summary

 

 

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1suspension or revocation and immediately notify the Secretary
2of State. Reports received by the Secretary of State under
3this Section shall be privileged information and for use only
4by the courts, police officers, and Secretary of State.
5(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
699-697, eff. 7-29-16.)
 
7    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
8    Sec. 2-123. Sale and distribution of information.
9    (a) Except as otherwise provided in this Section, the
10Secretary may make the driver's license, vehicle and title
11registration lists, in part or in whole, and any statistical
12information derived from these lists available to local
13governments, elected state officials, state educational
14institutions, and all other governmental units of the State
15and Federal Government requesting them for governmental
16purposes. The Secretary shall require any such applicant for
17services to pay for the costs of furnishing such services and
18the use of the equipment involved, and in addition is
19empowered to establish prices and charges for the services so
20furnished and for the use of the electronic equipment
21utilized.
22    (b) The Secretary is further empowered to and he may, in
23his discretion, furnish to any applicant, other than listed in
24subsection (a) of this Section, vehicle or driver data on a
25computer tape, disk, other electronic format or computer

 

 

HB5496- 132 -LRB102 25260 LNS 34533 b

1processable medium, or printout at a fixed fee of $250 for
2orders received before October 1, 2003 and $500 for orders
3received on or after October 1, 2003, in advance, and require
4in addition a further sufficient deposit based upon the
5Secretary of State's estimate of the total cost of the
6information requested and a charge of $25 for orders received
7before October 1, 2003 and $50 for orders received on or after
8October 1, 2003, per 1,000 units or part thereof identified or
9the actual cost, whichever is greater. The Secretary is
10authorized to refund any difference between the additional
11deposit and the actual cost of the request. This service shall
12not be in lieu of an abstract of a driver's record nor of a
13title or registration search. This service may be limited to
14entities purchasing a minimum number of records as required by
15administrative rule. The information sold pursuant to this
16subsection shall be the entire vehicle or driver data list, or
17part thereof. The information sold pursuant to this subsection
18shall not contain personally identifying information unless
19the information is to be used for one of the purposes
20identified in subsection (f-5) of this Section. Commercial
21purchasers of driver and vehicle record databases shall enter
22into a written agreement with the Secretary of State that
23includes disclosure of the commercial use of the information
24to be purchased.
25    (b-1) The Secretary is further empowered to and may, in
26his or her discretion, furnish vehicle or driver data on a

 

 

HB5496- 133 -LRB102 25260 LNS 34533 b

1computer tape, disk, or other electronic format or computer
2processible medium, at no fee, to any State or local
3governmental agency that uses the information provided by the
4Secretary to transmit data back to the Secretary that enables
5the Secretary to maintain accurate driving records, including
6dispositions of traffic cases. This information may be
7provided without fee not more often than once every 6 months.
8    (c) Secretary of State may issue registration lists. The
9Secretary of State may compile a list of all registered
10vehicles. Each list of registered vehicles shall be arranged
11serially according to the registration numbers assigned to
12registered vehicles and may contain in addition the names and
13addresses of registered owners and a brief description of each
14vehicle including the serial or other identifying number
15thereof. Such compilation may be in such form as in the
16discretion of the Secretary of State may seem best for the
17purposes intended.
18    (d) The Secretary of State shall furnish no more than 2
19current available lists of such registrations to the sheriffs
20of all counties and to the chiefs of police of all cities and
21villages and towns of 2,000 population and over in this State
22at no cost. Additional copies may be purchased by the sheriffs
23or chiefs of police at the fee of $500 each or at the cost of
24producing the list as determined by the Secretary of State.
25Such lists are to be used for governmental purposes only.
26    (e) (Blank).

 

 

HB5496- 134 -LRB102 25260 LNS 34533 b

1    (e-1) (Blank).
2    (f) The Secretary of State shall make a title or
3registration search of the records of his office and a written
4report on the same for any person, upon written application of
5such person, accompanied by a fee of $5 for each registration
6or title search. The written application shall set forth the
7intended use of the requested information. No fee shall be
8charged for a title or registration search, or for the
9certification thereof requested by a government agency. The
10report of the title or registration search shall not contain
11personally identifying information unless the request for a
12search was made for one of the purposes identified in
13subsection (f-5) of this Section. The report of the title or
14registration search shall not contain highly restricted
15personal information unless specifically authorized by this
16Code.
17    The Secretary of State shall certify a title or
18registration record upon written request. The fee for
19certification shall be $5 in addition to the fee required for a
20title or registration search. Certification shall be made
21under the signature of the Secretary of State and shall be
22authenticated by Seal of the Secretary of State.
23    The Secretary of State may notify the vehicle owner or
24registrant of the request for purchase of his title or
25registration information as the Secretary deems appropriate.
26    No information shall be released to the requester until

 

 

HB5496- 135 -LRB102 25260 LNS 34533 b

1expiration of a 10-day period. This 10-day period shall not
2apply to requests for information made by law enforcement
3officials, government agencies, financial institutions,
4attorneys, insurers, employers, automobile associated
5businesses, persons licensed as a private detective or firms
6licensed as a private detective agency under the Private
7Detective, Private Alarm, Private Security, Fingerprint
8Vendor, and Locksmith Act of 2004, who are employed by or are
9acting on behalf of law enforcement officials, government
10agencies, financial institutions, attorneys, insurers,
11employers, automobile associated businesses, and other
12business entities for purposes consistent with the Illinois
13Vehicle Code, the vehicle owner or registrant or other
14entities as the Secretary may exempt by rule and regulation.
15    Any misrepresentation made by a requester of title or
16vehicle information shall be punishable as a petty offense,
17except in the case of persons licensed as a private detective
18or firms licensed as a private detective agency which shall be
19subject to disciplinary sanctions under Section 40-10 of the
20Private Detective, Private Alarm, Private Security,
21Fingerprint Vendor, and Locksmith Act of 2004.
22    (f-5) The Secretary of State shall not disclose or
23otherwise make available to any person or entity any
24personally identifying information obtained by the Secretary
25of State in connection with a driver's license, vehicle, or
26title registration record unless the information is disclosed

 

 

HB5496- 136 -LRB102 25260 LNS 34533 b

1for one of the following purposes:
2        (1) For use by any government agency, including any
3    court or law enforcement agency, in carrying out its
4    functions, or any private person or entity acting on
5    behalf of a federal, State, or local agency in carrying
6    out its functions.
7        (2) For use in connection with matters of motor
8    vehicle or driver safety and theft; motor vehicle
9    emissions; motor vehicle product alterations, recalls, or
10    advisories; performance monitoring of motor vehicles,
11    motor vehicle parts, and dealers; and removal of non-owner
12    records from the original owner records of motor vehicle
13    manufacturers.
14        (3) For use in the normal course of business by a
15    legitimate business or its agents, employees, or
16    contractors, but only:
17            (A) to verify the accuracy of personal information
18        submitted by an individual to the business or its
19        agents, employees, or contractors; and
20            (B) if such information as so submitted is not
21        correct or is no longer correct, to obtain the correct
22        information, but only for the purposes of preventing
23        fraud by, pursuing legal remedies against, or
24        recovering on a debt or security interest against, the
25        individual.
26        (4) For use in research activities and for use in

 

 

HB5496- 137 -LRB102 25260 LNS 34533 b

1    producing statistical reports, if the personally
2    identifying information is not published, redisclosed, or
3    used to contact individuals.
4        (5) For use in connection with any civil, criminal,
5    administrative, or arbitral proceeding in any federal,
6    State, or local court or agency or before any
7    self-regulatory body, including the service of process,
8    investigation in anticipation of litigation, and the
9    execution or enforcement of judgments and orders, or
10    pursuant to an order of a federal, State, or local court.
11        (6) For use by any insurer or insurance support
12    organization or by a self-insured entity or its agents,
13    employees, or contractors in connection with claims
14    investigation activities, antifraud activities, rating, or
15    underwriting.
16        (7) For use in providing notice to the owners of towed
17    or impounded vehicles.
18        (8) For use by any person licensed as a private
19    detective or firm licensed as a private detective agency
20    under the Private Detective, Private Alarm, Private
21    Security, Fingerprint Vendor, and Locksmith Act of 2004,
22    private investigative agency or security service licensed
23    in Illinois for any purpose permitted under this
24    subsection.
25        (9) For use by an employer or its agent or insurer to
26    obtain or verify information relating to a holder of a

 

 

HB5496- 138 -LRB102 25260 LNS 34533 b

1    commercial driver's license that is required under chapter
2    313 of title 49 of the United States Code.
3        (10) For use in connection with the operation of
4    private toll transportation facilities.
5        (11) For use by any requester, if the requester
6    demonstrates it has obtained the written consent of the
7    individual to whom the information pertains.
8        (12) For use by members of the news media, as defined
9    in Section 1-148.5, for the purpose of newsgathering when
10    the request relates to the operation of a motor vehicle or
11    public safety.
12        (13) For any other use specifically authorized by law,
13    if that use is related to the operation of a motor vehicle
14    or public safety.
15    (f-6) The Secretary of State shall not disclose or
16otherwise make available to any person or entity any highly
17restricted personal information obtained by the Secretary of
18State in connection with a driver's license, vehicle, or title
19registration record unless specifically authorized by this
20Code.
21    (g) 1. The Secretary of State may, upon receipt of a
22written request and a fee as set forth in Section 6-118,
23furnish to the person or agency so requesting a driver's
24record or data contained therein. Such document may include a
25record of: current driver's license issuance information,
26except that the information on judicial driving permits shall

 

 

HB5496- 139 -LRB102 25260 LNS 34533 b

1be available only as otherwise provided by this Code;
2convictions; orders entered revoking, suspending or cancelling
3a driver's license or privilege; and notations of crash
4accident involvement. All other information, unless otherwise
5permitted by this Code, shall remain confidential. Information
6released pursuant to a request for a driver's record shall not
7contain personally identifying information, unless the request
8for the driver's record was made for one of the purposes set
9forth in subsection (f-5) of this Section. The Secretary of
10State may, without fee, allow a parent or guardian of a person
11under the age of 18 years, who holds an instruction permit or
12graduated driver's license, to view that person's driving
13record online, through a computer connection. The parent or
14guardian's online access to the driving record will terminate
15when the instruction permit or graduated driver's license
16holder reaches the age of 18.
17    2. The Secretary of State shall not disclose or otherwise
18make available to any person or entity any highly restricted
19personal information obtained by the Secretary of State in
20connection with a driver's license, vehicle, or title
21registration record unless specifically authorized by this
22Code. The Secretary of State may certify an abstract of a
23driver's record upon written request therefor. Such
24certification shall be made under the signature of the
25Secretary of State and shall be authenticated by the Seal of
26his office.

 

 

HB5496- 140 -LRB102 25260 LNS 34533 b

1    3. All requests for driving record information shall be
2made in a manner prescribed by the Secretary and shall set
3forth the intended use of the requested information.
4    The Secretary of State may notify the affected driver of
5the request for purchase of his driver's record as the
6Secretary deems appropriate.
7    No information shall be released to the requester until
8expiration of a 10-day period. This 10-day period shall not
9apply to requests for information made by law enforcement
10officials, government agencies, financial institutions,
11attorneys, insurers, employers, automobile associated
12businesses, persons licensed as a private detective or firms
13licensed as a private detective agency under the Private
14Detective, Private Alarm, Private Security, Fingerprint
15Vendor, and Locksmith Act of 2004, who are employed by or are
16acting on behalf of law enforcement officials, government
17agencies, financial institutions, attorneys, insurers,
18employers, automobile associated businesses, and other
19business entities for purposes consistent with the Illinois
20Vehicle Code, the affected driver or other entities as the
21Secretary may exempt by rule and regulation.
22    Any misrepresentation made by a requester of driver
23information shall be punishable as a petty offense, except in
24the case of persons licensed as a private detective or firms
25licensed as a private detective agency which shall be subject
26to disciplinary sanctions under Section 40-10 of the Private

 

 

HB5496- 141 -LRB102 25260 LNS 34533 b

1Detective, Private Alarm, Private Security, Fingerprint
2Vendor, and Locksmith Act of 2004.
3    4. The Secretary of State may furnish without fee, upon
4the written request of a law enforcement agency, any
5information from a driver's record on file with the Secretary
6of State when such information is required in the enforcement
7of this Code or any other law relating to the operation of
8motor vehicles, including records of dispositions; documented
9information involving the use of a motor vehicle; whether such
10individual has, or previously had, a driver's license; and the
11address and personal description as reflected on said driver's
12record.
13    5. Except as otherwise provided in this Section, the
14Secretary of State may furnish, without fee, information from
15an individual driver's record on file, if a written request
16therefor is submitted by any public transit system or
17authority, public defender, law enforcement agency, a state or
18federal agency, or an Illinois local intergovernmental
19association, if the request is for the purpose of a background
20check of applicants for employment with the requesting agency,
21or for the purpose of an official investigation conducted by
22the agency, or to determine a current address for the driver so
23public funds can be recovered or paid to the driver, or for any
24other purpose set forth in subsection (f-5) of this Section.
25    The Secretary may also furnish the courts a copy of an
26abstract of a driver's record, without fee, subsequent to an

 

 

HB5496- 142 -LRB102 25260 LNS 34533 b

1arrest for a violation of Section 11-501 or a similar
2provision of a local ordinance. Such abstract may include
3records of dispositions; documented information involving the
4use of a motor vehicle as contained in the current file;
5whether such individual has, or previously had, a driver's
6license; and the address and personal description as reflected
7on said driver's record.
8    6. Any certified abstract issued by the Secretary of State
9or transmitted electronically by the Secretary of State
10pursuant to this Section, to a court or on request of a law
11enforcement agency, for the record of a named person as to the
12status of the person's driver's license shall be prima facie
13evidence of the facts therein stated and if the name appearing
14in such abstract is the same as that of a person named in an
15information or warrant, such abstract shall be prima facie
16evidence that the person named in such information or warrant
17is the same person as the person named in such abstract and
18shall be admissible for any prosecution under this Code and be
19admitted as proof of any prior conviction or proof of records,
20notices, or orders recorded on individual driving records
21maintained by the Secretary of State.
22    7. Subject to any restrictions contained in the Juvenile
23Court Act of 1987, and upon receipt of a proper request and a
24fee as set forth in Section 6-118, the Secretary of State shall
25provide a driver's record or data contained therein to the
26affected driver, or the affected driver's attorney, upon

 

 

HB5496- 143 -LRB102 25260 LNS 34533 b

1verification. Such record shall contain all the information
2referred to in paragraph 1 of this subsection (g) plus: any
3recorded crash accident involvement as a driver; information
4recorded pursuant to subsection (e) of Section 6-117 and
5paragraph (4) of subsection (a) of Section 6-204 of this Code.
6All other information, unless otherwise permitted by this
7Code, shall remain confidential.
8    (h) The Secretary shall not disclose social security
9numbers or any associated information obtained from the Social
10Security Administration except pursuant to a written request
11by, or with the prior written consent of, the individual
12except: (1) to officers and employees of the Secretary who
13have a need to know the social security numbers in performance
14of their official duties, (2) to law enforcement officials for
15a civil or criminal law enforcement investigation, and if an
16officer of the law enforcement agency has made a written
17request to the Secretary specifying the law enforcement
18investigation for which the social security numbers are being
19sought, though the Secretary retains the right to require
20additional verification regarding the validity of the request,
21(3) to the United States Department of Transportation, or any
22other State, pursuant to the administration and enforcement of
23the Commercial Motor Vehicle Safety Act of 1986 or
24participation in State-to-State verification service, (4)
25pursuant to the order of a court of competent jurisdiction,
26(5) to the Department of Healthcare and Family Services

 

 

HB5496- 144 -LRB102 25260 LNS 34533 b

1(formerly Department of Public Aid) for utilization in the
2child support enforcement duties assigned to that Department
3under provisions of the Illinois Public Aid Code after the
4individual has received advanced meaningful notification of
5what redisclosure is sought by the Secretary in accordance
6with the federal Privacy Act, (5.5) to the Department of
7Healthcare and Family Services and the Department of Human
8Services solely for the purpose of verifying Illinois
9residency where such residency is an eligibility requirement
10for benefits under the Illinois Public Aid Code or any other
11health benefit program administered by the Department of
12Healthcare and Family Services or the Department of Human
13Services, (6) to the Illinois Department of Revenue solely for
14use by the Department in the collection of any tax or debt that
15the Department of Revenue is authorized or required by law to
16collect, provided that the Department shall not disclose the
17social security number to any person or entity outside of the
18Department, (7) to the Illinois Department of Veterans'
19Affairs for the purpose of confirming veteran status, or (8)
20the last 4 digits to the Illinois State Board of Elections for
21purposes of voter registration and as may be required pursuant
22to an agreement for a multi-state voter registration list
23maintenance system. If social security information is
24disclosed by the Secretary in accordance with this Section, no
25liability shall rest with the Office of the Secretary of State
26or any of its officers or employees, as the information is

 

 

HB5496- 145 -LRB102 25260 LNS 34533 b

1released for official purposes only.
2    (i) (Blank).
3    (j) Medical statements or medical reports received in the
4Secretary of State's Office shall be confidential. Except as
5provided in this Section, no confidential information may be
6open to public inspection or the contents disclosed to anyone,
7except officers and employees of the Secretary who have a need
8to know the information contained in the medical reports and
9the Driver License Medical Advisory Board, unless so directed
10by an order of a court of competent jurisdiction. If the
11Secretary receives a medical report regarding a driver that
12does not address a medical condition contained in a previous
13medical report, the Secretary may disclose the unaddressed
14medical condition to the driver or his or her physician, or
15both, solely for the purpose of submission of a medical report
16that addresses the condition.
17    (k) Disbursement of fees collected under this Section
18shall be as follows: (1) of the $12 fee for a driver's record,
19$3 shall be paid into the Secretary of State Special Services
20Fund, and $6 shall be paid into the General Revenue Fund; (2)
2150% of the amounts collected under subsection (b) shall be
22paid into the General Revenue Fund; and (3) all remaining fees
23shall be disbursed under subsection (g) of Section 2-119 of
24this Code.
25    (l) (Blank).
26    (m) Notations of crash accident involvement that may be

 

 

HB5496- 146 -LRB102 25260 LNS 34533 b

1disclosed under this Section shall not include notations
2relating to damage to a vehicle or other property being
3transported by a tow truck. This information shall remain
4confidential, provided that nothing in this subsection (m)
5shall limit disclosure of any notification of crash accident
6involvement to any law enforcement agency or official.
7    (n) Requests made by the news media for driver's license,
8vehicle, or title registration information may be furnished
9without charge or at a reduced charge, as determined by the
10Secretary, when the specific purpose for requesting the
11documents is deemed to be in the public interest. Waiver or
12reduction of the fee is in the public interest if the principal
13purpose of the request is to access and disseminate
14information regarding the health, safety, and welfare or the
15legal rights of the general public and is not for the principal
16purpose of gaining a personal or commercial benefit. The
17information provided pursuant to this subsection shall not
18contain personally identifying information unless the
19information is to be used for one of the purposes identified in
20subsection (f-5) of this Section.
21    (o) The redisclosure of personally identifying information
22obtained pursuant to this Section is prohibited, except to the
23extent necessary to effectuate the purpose for which the
24original disclosure of the information was permitted.
25    (p) The Secretary of State is empowered to adopt rules to
26effectuate this Section.

 

 

HB5496- 147 -LRB102 25260 LNS 34533 b

1(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19;
2101-326, eff. 8-9-19.)
 
3    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
4    Sec. 4-203. Removal of motor vehicles or other vehicles;
5towing or hauling away.
6    (a) When a vehicle is abandoned, or left unattended, on a
7toll highway, interstate highway, or expressway for 2 hours or
8more, its removal by a towing service may be authorized by a
9law enforcement agency having jurisdiction.
10    (b) When a vehicle is abandoned on a highway in an urban
11district 10 hours or more, its removal by a towing service may
12be authorized by a law enforcement agency having jurisdiction.
13    (c) When a vehicle is abandoned or left unattended on a
14highway other than a toll highway, interstate highway, or
15expressway, outside of an urban district for 24 hours or more,
16its removal by a towing service may be authorized by a law
17enforcement agency having jurisdiction.
18    (d) When an abandoned, unattended, wrecked, burned or
19partially dismantled vehicle is creating a traffic hazard
20because of its position in relation to the highway or its
21physical appearance is causing the impeding of traffic, its
22immediate removal from the highway or private property
23adjacent to the highway by a towing service may be authorized
24by a law enforcement agency having jurisdiction.
25    (e) Whenever a peace officer reasonably believes that a

 

 

HB5496- 148 -LRB102 25260 LNS 34533 b

1person under arrest for a violation of Section 11-501 of this
2Code or a similar provision of a local ordinance is likely,
3upon release, to commit a subsequent violation of Section
411-501, or a similar provision of a local ordinance, the
5arresting officer shall have the vehicle which the person was
6operating at the time of the arrest impounded for a period of
712 hours after the time of arrest. However, such vehicle may be
8released by the arresting law enforcement agency prior to the
9end of the impoundment period if:
10        (1) the vehicle was not owned by the person under
11    arrest, and the lawful owner requesting such release
12    possesses a valid operator's license, proof of ownership,
13    and would not, as determined by the arresting law
14    enforcement agency, indicate a lack of ability to operate
15    a motor vehicle in a safe manner, or who would otherwise,
16    by operating such motor vehicle, be in violation of this
17    Code; or
18        (2) the vehicle is owned by the person under arrest,
19    and the person under arrest gives permission to another
20    person to operate such vehicle, provided however, that the
21    other person possesses a valid operator's license and
22    would not, as determined by the arresting law enforcement
23    agency, indicate a lack of ability to operate a motor
24    vehicle in a safe manner or who would otherwise, by
25    operating such motor vehicle, be in violation of this
26    Code.

 

 

HB5496- 149 -LRB102 25260 LNS 34533 b

1    (e-5) Whenever a registered owner of a vehicle is taken
2into custody for operating the vehicle in violation of Section
311-501 of this Code or a similar provision of a local ordinance
4or Section 6-303 of this Code, a law enforcement officer may
5have the vehicle immediately impounded for a period not less
6than:
7        (1) 24 hours for a second violation of Section 11-501
8    of this Code or a similar provision of a local ordinance or
9    Section 6-303 of this Code or a combination of these
10    offenses; or
11        (2) 48 hours for a third violation of Section 11-501
12    of this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses.
15    The vehicle may be released sooner if the vehicle is owned
16by the person under arrest and the person under arrest gives
17permission to another person to operate the vehicle and that
18other person possesses a valid operator's license and would
19not, as determined by the arresting law enforcement agency,
20indicate a lack of ability to operate a motor vehicle in a safe
21manner or would otherwise, by operating the motor vehicle, be
22in violation of this Code.
23    (f) Except as provided in Chapter 18a of this Code, the
24owner or lessor of privately owned real property within this
25State, or any person authorized by such owner or lessor, or any
26law enforcement agency in the case of publicly owned real

 

 

HB5496- 150 -LRB102 25260 LNS 34533 b

1property may cause any motor vehicle abandoned or left
2unattended upon such property without permission to be removed
3by a towing service without liability for the costs of
4removal, transportation or storage or damage caused by such
5removal, transportation or storage. The towing or removal of
6any vehicle from private property without the consent of the
7registered owner or other legally authorized person in control
8of the vehicle is subject to compliance with the following
9conditions and restrictions:
10        1. Any towed or removed vehicle must be stored at the
11    site of the towing service's place of business. The site
12    must be open during business hours, and for the purpose of
13    redemption of vehicles, during the time that the person or
14    firm towing such vehicle is open for towing purposes.
15        2. The towing service shall within 30 minutes of
16    completion of such towing or removal, notify the law
17    enforcement agency having jurisdiction of such towing or
18    removal, and the make, model, color and license plate
19    number of the vehicle, and shall obtain and record the
20    name of the person at the law enforcement agency to whom
21    such information was reported.
22        3. If the registered owner or legally authorized
23    person entitled to possession of the vehicle shall arrive
24    at the scene prior to actual removal or towing of the
25    vehicle, the vehicle shall be disconnected from the tow
26    truck and that person shall be allowed to remove the

 

 

HB5496- 151 -LRB102 25260 LNS 34533 b

1    vehicle without interference, upon the payment of a
2    reasonable service fee of not more than one half the
3    posted rate of the towing service as provided in paragraph
4    6 of this subsection, for which a receipt shall be given.
5        4. The rebate or payment of money or any other
6    valuable consideration from the towing service or its
7    owners, managers or employees to the owners or operators
8    of the premises from which the vehicles are towed or
9    removed, for the privilege of removing or towing those
10    vehicles, is prohibited. Any individual who violates this
11    paragraph shall be guilty of a Class A misdemeanor.
12        5. Except for property appurtenant to and obviously a
13    part of a single family residence, and except for
14    instances where notice is personally given to the owner or
15    other legally authorized person in control of the vehicle
16    that the area in which that vehicle is parked is reserved
17    or otherwise unavailable to unauthorized vehicles and they
18    are subject to being removed at the owner or operator's
19    expense, any property owner or lessor, prior to towing or
20    removing any vehicle from private property without the
21    consent of the owner or other legally authorized person in
22    control of that vehicle, must post a notice meeting the
23    following requirements:
24            a. Except as otherwise provided in subparagraph
25        a.1 of this subdivision (f)5, the notice must be
26        prominently placed at each driveway access or curb cut

 

 

HB5496- 152 -LRB102 25260 LNS 34533 b

1        allowing vehicular access to the property within 5
2        feet from the public right-of-way line. If there are
3        no curbs or access barriers, the sign must be posted
4        not less than one sign each 100 feet of lot frontage.
5            a.1. In a municipality with a population of less
6        than 250,000, as an alternative to the requirement of
7        subparagraph a of this subdivision (f)5, the notice
8        for a parking lot contained within property used
9        solely for a 2-family, 3-family, or 4-family residence
10        may be prominently placed at the perimeter of the
11        parking lot, in a position where the notice is visible
12        to the occupants of vehicles entering the lot.
13            b. The notice must indicate clearly, in not less
14        than 2 inch high light-reflective letters on a
15        contrasting background, that unauthorized vehicles
16        will be towed away at the owner's expense.
17            c. The notice must also provide the name and
18        current telephone number of the towing service towing
19        or removing the vehicle.
20            d. The sign structure containing the required
21        notices must be permanently installed with the bottom
22        of the sign not less than 4 feet above ground level,
23        and must be continuously maintained on the property
24        for not less than 24 hours prior to the towing or
25        removing of any vehicle.
26        6. Any towing service that tows or removes vehicles

 

 

HB5496- 153 -LRB102 25260 LNS 34533 b

1    and proposes to require the owner, operator, or person in
2    control of the vehicle to pay the costs of towing and
3    storage prior to redemption of the vehicle must file and
4    keep on record with the local law enforcement agency a
5    complete copy of the current rates to be charged for such
6    services, and post at the storage site an identical rate
7    schedule and any written contracts with property owners,
8    lessors, or persons in control of property which authorize
9    them to remove vehicles as provided in this Section. The
10    towing and storage charges, however, shall not exceed the
11    maximum allowed by the Illinois Commerce Commission under
12    Section 18a-200.
13        7. No person shall engage in the removal of vehicles
14    from private property as described in this Section without
15    filing a notice of intent in each community where he
16    intends to do such removal, and such notice shall be filed
17    at least 7 days before commencing such towing.
18        8. No removal of a vehicle from private property shall
19    be done except upon express written instructions of the
20    owners or persons in charge of the private property upon
21    which the vehicle is said to be trespassing.
22        9. Vehicle entry for the purpose of removal shall be
23    allowed with reasonable care on the part of the person or
24    firm towing the vehicle. Such person or firm shall be
25    liable for any damages occasioned to the vehicle if such
26    entry is not in accordance with the standards of

 

 

HB5496- 154 -LRB102 25260 LNS 34533 b

1    reasonable care.
2        9.5. Except as authorized by a law enforcement
3    officer, no towing service shall engage in the removal of
4    a commercial motor vehicle that requires a commercial
5    driver's license to operate by operating the vehicle under
6    its own power on a highway.
7        10. When a vehicle has been towed or removed pursuant
8    to this Section, it must be released to its owner,
9    custodian, agent, or lienholder within one half hour after
10    requested, if such request is made during business hours.
11    Any vehicle owner, custodian, agent, or lienholder shall
12    have the right to inspect the vehicle before accepting its
13    return, and no release or waiver of any kind which would
14    release the towing service from liability for damages
15    incurred during the towing and storage may be required
16    from any vehicle owner or other legally authorized person
17    as a condition of release of the vehicle. A detailed,
18    signed receipt showing the legal name of the towing
19    service must be given to the person paying towing or
20    storage charges at the time of payment, whether requested
21    or not.
22        This Section shall not apply to law enforcement,
23    firefighting, rescue, ambulance, or other emergency
24    vehicles which are marked as such or to property owned by
25    any governmental entity.
26        When an authorized person improperly causes a motor

 

 

HB5496- 155 -LRB102 25260 LNS 34533 b

1    vehicle to be removed, such person shall be liable to the
2    owner or lessee of the vehicle for the cost or removal,
3    transportation and storage, any damages resulting from the
4    removal, transportation and storage, attorney's fee and
5    court costs.
6        Any towing or storage charges accrued shall be payable
7    in cash or by cashier's check, certified check, debit
8    card, credit card, or wire transfer, at the option of the
9    party taking possession of the vehicle.
10        11. Towing companies shall also provide insurance
11    coverage for areas where vehicles towed under the
12    provisions of this Chapter will be impounded or otherwise
13    stored, and shall adequately cover loss by fire, theft or
14    other risks.
15    Any person who fails to comply with the conditions and
16restrictions of this subsection shall be guilty of a Class C
17misdemeanor and shall be fined not less than $100 nor more than
18$500.
19    (g)(1) When a vehicle is determined to be a hazardous
20dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
21Illinois Municipal Code or Section 5-12002.1 of the Counties
22Code, its removal and impoundment by a towing service may be
23authorized by a law enforcement agency with appropriate
24jurisdiction.
25    (2) When a vehicle removal from either public or private
26property is authorized by a law enforcement agency, the owner

 

 

HB5496- 156 -LRB102 25260 LNS 34533 b

1of the vehicle shall be responsible for all towing and storage
2charges.
3    (3) Vehicles removed from public or private property and
4stored by a commercial vehicle relocator or any other towing
5service authorized by a law enforcement agency in compliance
6with this Section and Sections 4-201 and 4-202 of this Code, or
7at the request of the vehicle owner or operator, shall be
8subject to a possessor lien for services pursuant to the Labor
9and Storage Lien (Small Amount) Act. The provisions of Section
101 of that Act relating to notice and implied consent shall be
11deemed satisfied by compliance with Section 18a-302 and
12subsection (6) of Section 18a-300. In no event shall such lien
13be greater than the rate or rates established in accordance
14with subsection (6) of Section 18a-200 of this Code. In no
15event shall such lien be increased or altered to reflect any
16charge for services or materials rendered in addition to those
17authorized by this Code. Every such lien shall be payable in
18cash or by cashier's check, certified check, debit card,
19credit card, or wire transfer, at the option of the party
20taking possession of the vehicle.
21    (4) Any personal property belonging to the vehicle owner
22in a vehicle subject to a lien under this subsection (g) shall
23likewise be subject to that lien, excepting only: child
24restraint systems as defined in Section 4 of the Child
25Passenger Protection Act and other child booster seats;
26eyeglasses; food; medicine; perishable property; any

 

 

HB5496- 157 -LRB102 25260 LNS 34533 b

1operator's licenses; any cash, credit cards, or checks or
2checkbooks; any wallet, purse, or other property containing
3any operator's license or other identifying documents or
4materials, cash, credit cards, checks, or checkbooks; and any
5personal property belonging to a person other than the vehicle
6owner if that person provides adequate proof that the personal
7property belongs to that person. The spouse, child, mother,
8father, brother, or sister of the vehicle owner may claim
9personal property excepted under this paragraph (4) if the
10person claiming the personal property provides the commercial
11vehicle relocator or towing service with the authorization of
12the vehicle owner.
13    (5) This paragraph (5) applies only in the case of a
14vehicle that is towed as a result of being involved in a crash
15an accident. In addition to the personal property excepted
16under paragraph (4), all other personal property in a vehicle
17subject to a lien under this subsection (g) is exempt from that
18lien and may be claimed by the vehicle owner if the vehicle
19owner provides the commercial vehicle relocator or towing
20service with proof that the vehicle owner has an insurance
21policy covering towing and storage fees. The spouse, child,
22mother, father, brother, or sister of the vehicle owner may
23claim personal property in a vehicle subject to a lien under
24this subsection (g) if the person claiming the personal
25property provides the commercial vehicle relocator or towing
26service with the authorization of the vehicle owner and proof

 

 

HB5496- 158 -LRB102 25260 LNS 34533 b

1that the vehicle owner has an insurance policy covering towing
2and storage fees. The regulation of liens on personal property
3and exceptions to those liens in the case of vehicles towed as
4a result of being involved in a crash an accident are exclusive
5powers and functions of the State. A home rule unit may not
6regulate liens on personal property and exceptions to those
7liens in the case of vehicles towed as a result of being
8involved in a crash an accident. This paragraph (5) is a denial
9and limitation of home rule powers and functions under
10subsection (h) of Section 6 of Article VII of the Illinois
11Constitution.
12    (6) No lien under this subsection (g) shall: exceed $2,000
13in its total amount; or be increased or altered to reflect any
14charge for services or materials rendered in addition to those
15authorized by this Code.
16    (h) Whenever a peace officer issues a citation to a driver
17for a violation of subsection (a) of Section 11-506 of this
18Code, the arresting officer may have the vehicle which the
19person was operating at the time of the arrest impounded for a
20period of 5 days after the time of arrest. An impounding agency
21shall release a motor vehicle impounded under this subsection
22(h) to the registered owner of the vehicle under any of the
23following circumstances:
24        (1) If the vehicle is a stolen vehicle; or
25        (2) If the person ticketed for a violation of
26    subsection (a) of Section 11-506 of this Code was not

 

 

HB5496- 159 -LRB102 25260 LNS 34533 b

1    authorized by the registered owner of the vehicle to
2    operate the vehicle at the time of the violation; or
3        (3) If the registered owner of the vehicle was neither
4    the driver nor a passenger in the vehicle at the time of
5    the violation or was unaware that the driver was using the
6    vehicle to engage in street racing; or
7        (4) If the legal owner or registered owner of the
8    vehicle is a rental car agency; or
9        (5) If, prior to the expiration of the impoundment
10    period specified above, the citation is dismissed or the
11    defendant is found not guilty of the offense.
12    (i) Except for vehicles exempted under subsection (b) of
13Section 7-601 of this Code, whenever a law enforcement officer
14issues a citation to a driver for a violation of Section 3-707
15of this Code, and the driver has a prior conviction for a
16violation of Section 3-707 of this Code in the past 12 months,
17the arresting officer shall authorize the removal and
18impoundment of the vehicle by a towing service.
19(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
20100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
21    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
22    Sec. 5-101. New vehicle dealers must be licensed.
23    (a) No person shall engage in this State in the business of
24selling or dealing in, on consignment or otherwise, new
25vehicles of any make, or act as an intermediary or agent or

 

 

HB5496- 160 -LRB102 25260 LNS 34533 b

1broker for any licensed dealer or vehicle purchaser other than
2as a salesperson, or represent or advertise that he is so
3engaged or intends to so engage in such business unless
4licensed to do so in writing by the Secretary of State under
5the provisions of this Section.
6    (b) An application for a new vehicle dealer's license
7shall be filed with the Secretary of State, duly verified by
8oath, on such form as the Secretary of State may by rule or
9regulation prescribe and shall contain:
10        1. The name and type of business organization of the
11    applicant and his established and additional places of
12    business, if any, in this State.
13        2. If the applicant is a corporation, a list of its
14    officers, directors, and shareholders having a ten percent
15    or greater ownership interest in the corporation, setting
16    forth the residence address of each; if the applicant is a
17    sole proprietorship, a partnership, an unincorporated
18    association, a trust, or any similar form of business
19    organization, the name and residence address of the
20    proprietor or of each partner, member, officer, director,
21    trustee, or manager.
22        3. The make or makes of new vehicles which the
23    applicant will offer for sale at retail in this State.
24        4. The name of each manufacturer or franchised
25    distributor, if any, of new vehicles with whom the
26    applicant has contracted for the sale of such new

 

 

HB5496- 161 -LRB102 25260 LNS 34533 b

1    vehicles. As evidence of this fact, the application shall
2    be accompanied by a signed statement from each such
3    manufacturer or franchised distributor. If the applicant
4    is in the business of offering for sale new conversion
5    vehicles, trucks or vans, except for trucks modified to
6    serve a special purpose which includes but is not limited
7    to the following vehicles: street sweepers, fertilizer
8    spreaders, emergency vehicles, implements of husbandry or
9    maintenance type vehicles, he must furnish evidence of a
10    sales and service agreement from both the chassis
11    manufacturer and second stage manufacturer.
12        5. A statement that the applicant has been approved
13    for registration under the Retailers' Occupation Tax Act
14    by the Department of Revenue: Provided that this
15    requirement does not apply to a dealer who is already
16    licensed hereunder with the Secretary of State, and who is
17    merely applying for a renewal of his license. As evidence
18    of this fact, the application shall be accompanied by a
19    certification from the Department of Revenue showing that
20    that Department has approved the applicant for
21    registration under the Retailers' Occupation Tax Act.
22        6. A statement that the applicant has complied with
23    the appropriate liability insurance requirement. A
24    Certificate of Insurance in a solvent company authorized
25    to do business in the State of Illinois shall be included
26    with each application covering each location at which he

 

 

HB5496- 162 -LRB102 25260 LNS 34533 b

1    proposes to act as a new vehicle dealer. The policy must
2    provide liability coverage in the minimum amounts of
3    $100,000 for bodily injury to, or death of, any person,
4    $300,000 for bodily injury to, or death of, two or more
5    persons in any one crash accident, and $50,000 for damage
6    to property. Such policy shall expire not sooner than
7    December 31 of the year for which the license was issued or
8    renewed. The expiration of the insurance policy shall not
9    terminate the liability under the policy arising during
10    the period for which the policy was filed. Trailer and
11    mobile home dealers are exempt from this requirement.
12        If the permitted user has a liability insurance policy
13    that provides automobile liability insurance coverage of
14    at least $100,000 for bodily injury to or the death of any
15    person, $300,000 for bodily injury to or the death of any 2
16    or more persons in any one crash accident, and $50,000 for
17    damage to property, then the permitted user's insurer
18    shall be the primary insurer and the dealer's insurer
19    shall be the secondary insurer. If the permitted user does
20    not have a liability insurance policy that provides
21    automobile liability insurance coverage of at least
22    $100,000 for bodily injury to or the death of any person,
23    $300,000 for bodily injury to or the death of any 2 or more
24    persons in any one crash accident, and $50,000 for damage
25    to property, or does not have any insurance at all, then
26    the dealer's insurer shall be the primary insurer and the

 

 

HB5496- 163 -LRB102 25260 LNS 34533 b

1    permitted user's insurer shall be the secondary insurer.
2        When a permitted user is "test driving" a new vehicle
3    dealer's automobile, the new vehicle dealer's insurance
4    shall be primary and the permitted user's insurance shall
5    be secondary.
6        As used in this paragraph 6, a "permitted user" is a
7    person who, with the permission of the new vehicle dealer
8    or an employee of the new vehicle dealer, drives a vehicle
9    owned and held for sale or lease by the new vehicle dealer
10    which the person is considering to purchase or lease, in
11    order to evaluate the performance, reliability, or
12    condition of the vehicle. The term "permitted user" also
13    includes a person who, with the permission of the new
14    vehicle dealer, drives a vehicle owned or held for sale or
15    lease by the new vehicle dealer for loaner purposes while
16    the user's vehicle is being repaired or evaluated.
17        As used in this paragraph 6, "test driving" occurs
18    when a permitted user who, with the permission of the new
19    vehicle dealer or an employee of the new vehicle dealer,
20    drives a vehicle owned and held for sale or lease by a new
21    vehicle dealer that the person is considering to purchase
22    or lease, in order to evaluate the performance,
23    reliability, or condition of the vehicle.
24        As used in this paragraph 6, "loaner purposes" means
25    when a person who, with the permission of the new vehicle
26    dealer, drives a vehicle owned or held for sale or lease by

 

 

HB5496- 164 -LRB102 25260 LNS 34533 b

1    the new vehicle dealer while the user's vehicle is being
2    repaired or evaluated.
3        7. (A) An application for a new motor vehicle dealer's
4    license shall be accompanied by the following license
5    fees:
6            (i) $1,000 for applicant's established place of
7        business, and $100 for each additional place of
8        business, if any, to which the application pertains;
9        but if the application is made after June 15 of any
10        year, the license fee shall be $500 for applicant's
11        established place of business plus $50 for each
12        additional place of business, if any, to which the
13        application pertains. License fees shall be returnable
14        only in the event that the application is denied by the
15        Secretary of State. All moneys received by the
16        Secretary of State as license fees under this
17        subparagraph (i) prior to applications for the 2004
18        licensing year shall be deposited into the Motor
19        Vehicle Review Board Fund and shall be used to
20        administer the Motor Vehicle Review Board under the
21        Motor Vehicle Franchise Act. Of the money received by
22        the Secretary of State as license fees under this
23        subparagraph (i) for the 2004 licensing year and
24        thereafter, 10% shall be deposited into the Motor
25        Vehicle Review Board Fund and shall be used to
26        administer the Motor Vehicle Review Board under the

 

 

HB5496- 165 -LRB102 25260 LNS 34533 b

1        Motor Vehicle Franchise Act and 90% shall be deposited
2        into the General Revenue Fund.
3            (ii) Except for dealers selling 25 or fewer
4        automobiles or as provided in subsection (h) of
5        Section 5-102.7 of this Code, an Annual Dealer
6        Recovery Fund Fee in the amount of $500 for the
7        applicant's established place of business, and $50 for
8        each additional place of business, if any, to which
9        the application pertains; but if the application is
10        made after June 15 of any year, the fee shall be $250
11        for the applicant's established place of business plus
12        $25 for each additional place of business, if any, to
13        which the application pertains. For a license renewal
14        application, the fee shall be based on the amount of
15        automobiles sold in the past year according to the
16        following formula:
17                (1) $0 for dealers selling 25 or less
18            automobiles;
19                (2) $150 for dealers selling more than 25 but
20            less than 200 automobiles;
21                (3) $300 for dealers selling 200 or more
22            automobiles but less than 300 automobiles; and
23                (4) $500 for dealers selling 300 or more
24            automobiles.
25            License fees shall be returnable only in the event
26        that the application is denied by the Secretary of

 

 

HB5496- 166 -LRB102 25260 LNS 34533 b

1        State. Moneys received under this subparagraph (ii)
2        shall be deposited into the Dealer Recovery Trust
3        Fund.
4        (B) An application for a new vehicle dealer's license,
5    other than for a new motor vehicle dealer's license, shall
6    be accompanied by the following license fees:
7            (i) $1,000 for applicant's established place of
8        business, and $50 for each additional place of
9        business, if any, to which the application pertains;
10        but if the application is made after June 15 of any
11        year, the license fee shall be $500 for applicant's
12        established place of business plus $25 for each
13        additional place of business, if any, to which the
14        application pertains. License fees shall be returnable
15        only in the event that the application is denied by the
16        Secretary of State. Of the money received by the
17        Secretary of State as license fees under this
18        subparagraph (i) for the 2004 licensing year and
19        thereafter, 95% shall be deposited into the General
20        Revenue Fund.
21            (ii) Except as provided in subsection (h) of
22        Section 5-102.7 of this Code, an Annual Dealer
23        Recovery Fund Fee in the amount of $500 for the
24        applicant's established place of business, and $50 for
25        each additional place of business, if any, to which
26        the application pertains; but if the application is

 

 

HB5496- 167 -LRB102 25260 LNS 34533 b

1        made after June 15 of any year, the fee shall be $250
2        for the applicant's established place of business plus
3        $25 for each additional place of business, if any, to
4        which the application pertains. License fees shall be
5        returnable only in the event that the application is
6        denied by the Secretary of State. Moneys received
7        under this subparagraph (ii) shall be deposited into
8        the Dealer Recovery Trust Fund.
9        8. A statement that the applicant's officers,
10    directors, shareholders having a 10% or greater ownership
11    interest therein, proprietor, a partner, member, officer,
12    director, trustee, manager or other principals in the
13    business have not committed in the past 3 years any one
14    violation as determined in any civil, criminal or
15    administrative proceedings of any one of the following
16    Acts:
17            (A) The Anti-Theft Laws of the Illinois Vehicle
18        Code;
19            (B) The Certificate of Title Laws of the Illinois
20        Vehicle Code;
21            (C) The Offenses against Registration and
22        Certificates of Title Laws of the Illinois Vehicle
23        Code;
24            (D) The Dealers, Transporters, Wreckers and
25        Rebuilders Laws of the Illinois Vehicle Code;
26            (E) Section 21-2 of the Criminal Code of 1961 or

 

 

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1        the Criminal Code of 2012, Criminal Trespass to
2        Vehicles; or
3            (F) The Retailers' Occupation Tax Act.
4        9. A statement that the applicant's officers,
5    directors, shareholders having a 10% or greater ownership
6    interest therein, proprietor, partner, member, officer,
7    director, trustee, manager or other principals in the
8    business have not committed in any calendar year 3 or more
9    violations, as determined in any civil, criminal or
10    administrative proceedings, of any one or more of the
11    following Acts:
12            (A) The Consumer Finance Act;
13            (B) The Consumer Installment Loan Act;
14            (C) The Retail Installment Sales Act;
15            (D) The Motor Vehicle Retail Installment Sales
16        Act;
17            (E) The Interest Act;
18            (F) The Illinois Wage Assignment Act;
19            (G) Part 8 of Article XII of the Code of Civil
20        Procedure; or
21            (H) The Consumer Fraud Act.
22        9.5. A statement that, within 10 years of application,
23    each officer, director, shareholder having a 10% or
24    greater ownership interest therein, proprietor, partner,
25    member, officer, director, trustee, manager, or other
26    principal in the business of the applicant has not

 

 

HB5496- 169 -LRB102 25260 LNS 34533 b

1    committed, as determined in any civil, criminal, or
2    administrative proceeding, in any calendar year one or
3    more forcible felonies under the Criminal Code of 1961 or
4    the Criminal Code of 2012, or a violation of either or both
5    Article 16 or 17 of the Criminal Code of 1961 or a
6    violation of either or both Article 16 or 17 of the
7    Criminal Code of 2012, Article 29B of the Criminal Code of
8    1961 or the Criminal Code of 2012, or a similar
9    out-of-state offense. For the purposes of this paragraph,
10    "forcible felony" has the meaning provided in Section 2-8
11    of the Criminal Code of 2012.
12        10. A bond or certificate of deposit in the amount of
13    $50,000 for each location at which the applicant intends
14    to act as a new vehicle dealer. The bond shall be for the
15    term of the license, or its renewal, for which application
16    is made, and shall expire not sooner than December 31 of
17    the year for which the license was issued or renewed. The
18    bond shall run to the People of the State of Illinois, with
19    surety by a bonding or insurance company authorized to do
20    business in this State. It shall be conditioned upon the
21    proper transmittal of all title and registration fees and
22    taxes (excluding taxes under the Retailers' Occupation Tax
23    Act) accepted by the applicant as a new vehicle dealer.
24        11. Such other information concerning the business of
25    the applicant as the Secretary of State may by rule or
26    regulation prescribe.

 

 

HB5496- 170 -LRB102 25260 LNS 34533 b

1        12. A statement that the applicant understands Chapter
2    1 through Chapter 5 of this Code.
3        13. The full name, address, and contact information of
4    each of the dealer's agents or legal representatives who
5    is an Illinois resident and liable for the performance of
6    the dealership.
7    (c) Any change which renders no longer accurate any
8information contained in any application for a new vehicle
9dealer's license shall be amended within 30 days after the
10occurrence of such change on such form as the Secretary of
11State may prescribe by rule or regulation, accompanied by an
12amendatory fee of $2.
13    (d) Anything in this Chapter 5 to the contrary
14notwithstanding no person shall be licensed as a new vehicle
15dealer unless:
16        1. He is authorized by contract in writing between
17    himself and the manufacturer or franchised distributor of
18    such make of vehicle to so sell the same in this State, and
19        2. Such person shall maintain an established place of
20    business as defined in this Act.
21    (e) The Secretary of State shall, within a reasonable time
22after receipt, examine an application submitted to him under
23this Section and unless he makes a determination that the
24application submitted to him does not conform with the
25requirements of this Section or that grounds exist for a
26denial of the application, under Section 5-501 of this

 

 

HB5496- 171 -LRB102 25260 LNS 34533 b

1Chapter, grant the applicant an original new vehicle dealer's
2license in writing for his established place of business and a
3supplemental license in writing for each additional place of
4business in such form as he may prescribe by rule or regulation
5which shall include the following:
6        1. The name of the person licensed;
7        2. If a corporation, the name and address of its
8    officers or if a sole proprietorship, a partnership, an
9    unincorporated association or any similar form of business
10    organization, the name and address of the proprietor or of
11    each partner, member, officer, director, trustee or
12    manager;
13        3. In the case of an original license, the established
14    place of business of the licensee;
15        4. In the case of a supplemental license, the
16    established place of business of the licensee and the
17    additional place of business to which such supplemental
18    license pertains;
19        5. The make or makes of new vehicles which the
20    licensee is licensed to sell;
21        6. The full name, address, and contact information of
22    each of the dealer's agents or legal representatives who
23    is an Illinois resident and liable for the performance of
24    the dealership.
25    (f) The appropriate instrument evidencing the license or a
26certified copy thereof, provided by the Secretary of State,

 

 

HB5496- 172 -LRB102 25260 LNS 34533 b

1shall be kept posted conspicuously in the established place of
2business of the licensee and in each additional place of
3business, if any, maintained by such licensee.
4    (g) Except as provided in subsection (h) hereof, all new
5vehicle dealer's licenses granted under this Section shall
6expire by operation of law on December 31 of the calendar year
7for which they are granted unless sooner revoked or cancelled
8under the provisions of Section 5-501 of this Chapter.
9    (h) A new vehicle dealer's license may be renewed upon
10application and payment of the fee required herein, and
11submission of proof of coverage under an approved bond under
12the Retailers' Occupation Tax Act or proof that applicant is
13not subject to such bonding requirements, as in the case of an
14original license, but in case an application for the renewal
15of an effective license is made during the month of December,
16the effective license shall remain in force until the
17application is granted or denied by the Secretary of State.
18    (i) All persons licensed as a new vehicle dealer are
19required to furnish each purchaser of a motor vehicle:
20        1. In the case of a new vehicle a manufacturer's
21    statement of origin and in the case of a used motor vehicle
22    a certificate of title, in either case properly assigned
23    to the purchaser;
24        2. A statement verified under oath that all
25    identifying numbers on the vehicle agree with those on the
26    certificate of title or manufacturer's statement of

 

 

HB5496- 173 -LRB102 25260 LNS 34533 b

1    origin;
2        3. A bill of sale properly executed on behalf of such
3    person;
4        4. A copy of the Uniform Invoice-transaction reporting
5    return referred to in Section 5-402 hereof;
6        5. In the case of a rebuilt vehicle, a copy of the
7    Disclosure of Rebuilt Vehicle Status; and
8        6. In the case of a vehicle for which the warranty has
9    been reinstated, a copy of the warranty.
10    (j) Except at the time of sale or repossession of the
11vehicle, no person licensed as a new vehicle dealer may issue
12any other person a newly created key to a vehicle unless the
13new vehicle dealer makes a color photocopy or electronic scan
14of the driver's license or State identification card of the
15person requesting or obtaining the newly created key. The new
16vehicle dealer must retain the photocopy or scan for 30 days.
17    A new vehicle dealer who violates this subsection (j) is
18guilty of a petty offense. Violation of this subsection (j) is
19not cause to suspend, revoke, cancel, or deny renewal of the
20new vehicle dealer's license.
21    This amendatory Act of 1983 shall be applicable to the
221984 registration year and thereafter.
23    (k) If a licensee under this Section voluntarily
24surrenders a license to the Illinois Secretary of State Police
25or a representative of the Secretary of State Vehicle Services
26Department due to the licensee's inability to adhere to

 

 

HB5496- 174 -LRB102 25260 LNS 34533 b

1recordkeeping provisions, or the inability to properly issue
2certificates of title or registrations under this Code, or the
3Secretary revokes a license under this Section, then the
4licensee and the licensee's agent, designee, or legal
5representative, if applicable, may not be named on a new
6application for a licensee under this Section or under this
7Chapter, nor is the licensee or the licensee's agent,
8designee, or legal representative permitted to work for
9another licensee under this Chapter in a recordkeeping,
10management, or financial position or as an employee who
11handles certificate of title and registration documents and
12applications.
13(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
14    (625 ILCS 5/5-101.1)
15    Sec. 5-101.1. Motor vehicle financing affiliates;
16licensing.
17    (a) In this State no business shall engage in the business
18of a motor vehicle financing affiliate without a license to do
19so in writing from the Secretary of State.
20    (b) An application for a motor vehicle financing
21affiliate's license must be filed with the Secretary of State,
22duly verified by oath, on a form prescribed by the Secretary of
23State and shall contain all of the following:
24        (1) The name and type of business organization of the
25    applicant and the applicant's established place of

 

 

HB5496- 175 -LRB102 25260 LNS 34533 b

1    business and any additional places of business in this
2    State.
3        (2) The name and address of the licensed new or used
4    vehicle dealer to which the applicant will be selling,
5    transferring, or assigning new or used motor vehicles
6    pursuant to a written contract. If more than one dealer is
7    on the application, the applicant shall state in writing
8    the basis of common ownership among the dealers.
9        (3) A list of the business organization's officers,
10    directors, members, and shareholders having a 10% or
11    greater ownership interest in the business, providing the
12    residential address for each person listed.
13        (4) If selling, transferring, or assigning new motor
14    vehicles, the make or makes of new vehicles that it will
15    sell, assign, or otherwise transfer to the contracting new
16    motor vehicle dealer listed on the application pursuant to
17    paragraph (2).
18        (5) The name of each manufacturer or franchised
19    distributor, if any, of new vehicles with whom the
20    applicant has contracted for the sale of new vehicles and
21    a signed statement from each manufacturer or franchised
22    distributor acknowledging the contract.
23        (6) A statement that the applicant has been approved
24    for registration under the Retailers' Occupation Tax Act
25    by the Department of Revenue. This requirement does not
26    apply to a motor vehicle financing affiliate that is

 

 

HB5496- 176 -LRB102 25260 LNS 34533 b

1    already licensed with the Secretary of State and is
2    applying for a renewal of its license.
3        (7) A statement that the applicant has complied with
4    the appropriate liability insurance requirement and a
5    Certificate of Insurance that shall not expire before
6    December 31 of the year for which the license was issued or
7    renewed with a minimum liability coverage of $100,000 for
8    the bodily injury or death of any person, $300,000 for the
9    bodily injury or death of 2 or more persons in any one
10    crash accident, and $50,000 for damage to property. The
11    expiration of the insurance policy shall not terminate the
12    liability under the policy arising during the period for
13    which the policy was filed. Trailer and mobile home
14    dealers are exempt from the requirements of this
15    paragraph. A motor vehicle financing affiliate is exempt
16    from the requirements of this paragraph if it is covered
17    by the insurance policy of the new or used dealer listed on
18    the application pursuant to paragraph (2).
19        (8) A license fee of $1,000 for the applicant's
20    established place of business and $250 for each additional
21    place of business, if any, to which the application
22    pertains. However, if the application is made after June
23    15 of any year, the license fee shall be $500 for the
24    applicant's established place of business and $125 for
25    each additional place of business, if any, to which the
26    application pertains. These license fees shall be

 

 

HB5496- 177 -LRB102 25260 LNS 34533 b

1    returnable only in the event that the application is
2    denied by the Secretary of State.
3        (9) A statement incorporating the requirements of
4    paragraphs 8 and 9 of subsection (b) of Section 5-101.
5        (10) Any other information concerning the business of
6    the applicant as the Secretary of State may prescribe.
7        (11) A statement that the applicant understands
8    Chapter 1 through Chapter 5 of this Code.
9        (12) The full name, address, and contact information
10    of each of the dealer's agents or legal representatives
11    who is an Illinois resident and liable for the performance
12    of the dealership.
13    (c) Any change which renders no longer accurate any
14information contained in any application for a motor vehicle
15financing affiliate's license shall be amended within 30 days
16after the occurrence of the change on a form prescribed by the
17Secretary of State, accompanied by an amendatory fee of $2.
18    (d) If a new vehicle dealer is not listed on the
19application, pursuant to paragraph (2) of subsection (b), the
20motor vehicle financing affiliate shall not receive, possess,
21or transfer any new vehicle. If a new motor vehicle dealer is
22listed on the application, pursuant to paragraph (2) of
23subsection (b), the new motor vehicle dealer can only receive
24those new cars it is permitted to receive under its franchise
25agreement. If both a new and used motor vehicle dealer are
26listed on the application, pursuant to paragraph (2) of

 

 

HB5496- 178 -LRB102 25260 LNS 34533 b

1subsection (b), only the new motor vehicle dealer may receive
2new motor vehicles. If a used motor vehicle is listed on the
3application, pursuant to paragraph (2) of subsection (b), the
4used motor vehicle dealer shall not receive any new motor
5vehicles.
6    (e) The applicant and dealer provided pursuant to
7paragraph (2) of subsection (b) must be business organizations
8registered to conduct business in Illinois. Three-fourths of
9the dealer's board of directors must be members of the motor
10vehicle financing affiliate's board of directors, if
11applicable.
12    (f) Unless otherwise provided in this Chapter 5, no
13business organization registered to do business in Illinois
14shall be licensed as a motor vehicle financing affiliate
15unless:
16        (1) The motor vehicle financing affiliate shall only
17    sell, transfer, or assign motor vehicles to the licensed
18    new or used dealer listed on the application pursuant to
19    paragraph (2) of subsection (b).
20        (2) The motor vehicle financing affiliate sells,
21    transfers, or assigns to the new motor vehicle dealer
22    listed on the application, if any, only those new motor
23    vehicles the motor vehicle financing affiliate has
24    received under the contract set forth in paragraph (5) of
25    subsection (b).
26        (3) Any new vehicle dealer listed pursuant to

 

 

HB5496- 179 -LRB102 25260 LNS 34533 b

1    paragraph (2) of subsection (b) has a franchise agreement
2    that permits the dealer to receive motor vehicles from the
3    motor vehicle franchise affiliate.
4        (4) The new or used motor vehicle dealer listed on the
5    application pursuant to paragraph (2) of subsection (b)
6    has one established place of business or supplemental
7    places of business as referenced in subsection (g).
8    (g) The Secretary of State shall, within a reasonable time
9after receipt, examine an application submitted pursuant to
10this Section and, unless it is determined that the application
11does not conform with the requirements of this Section or that
12grounds exist for a denial of the application under Section
135-501, grant the applicant a motor vehicle financing affiliate
14license in writing for the applicant's established place of
15business and a supplemental license in writing for each
16additional place of business in a form prescribed by the
17Secretary, which shall include all of the following:
18        (1) The name of the business licensed;
19        (2) The name and address of its officers, directors,
20    or members, as applicable;
21        (3) In the case of an original license, the
22    established place of business of the licensee;
23        (4) If applicable, the make or makes of new vehicles
24    which the licensee is licensed to sell to the new motor
25    vehicle dealer listed on the application pursuant to
26    paragraph (2) of subsection (b); and

 

 

HB5496- 180 -LRB102 25260 LNS 34533 b

1        (5) The full name, address, and contact information of
2    each of the dealer's agents or legal representatives who
3    is an Illinois resident and liable for the performance of
4    the dealership.
5    (h) The appropriate instrument evidencing the license or a
6certified copy, provided by the Secretary of State, shall be
7kept posted conspicuously in the established place of business
8of the licensee.
9    (i) Except as provided in subsection (h), all motor
10vehicle financing affiliate's licenses granted under this
11Section shall expired by operation of law on December 31 of the
12calendar year for which they are granted, unless revoked or
13canceled at an earlier date pursuant to Section 5-501.
14    (j) A motor vehicle financing affiliate's license may be
15renewed upon application and payment of the required fee.
16However, when an application for renewal of a motor vehicle
17financing affiliate's license is made during the month of
18December, the effective license shall remain in force until
19the application is granted or denied by the Secretary of
20State.
21    (k) The contract a motor vehicle financing affiliate has
22with a manufacturer or franchised distributor, as provided in
23paragraph (5) of subsection (b), shall only permit the
24applicant to sell, transfer, or assign new motor vehicles to
25the new motor vehicle dealer listed on the application
26pursuant to paragraph (2) of subsection (b). The contract

 

 

HB5496- 181 -LRB102 25260 LNS 34533 b

1shall specifically prohibit the motor vehicle financing
2affiliate from selling motor vehicles at retail. This contract
3shall not be considered the granting of a franchise as defined
4in Section 2 of the Motor Vehicle Franchise Act.
5    (l) When purchasing of a motor vehicle by a new or used
6motor vehicle dealer, all persons licensed as a motor vehicle
7financing affiliate are required to furnish all of the
8following:
9        (1) For a new vehicle, a manufacturer's statement of
10    origin properly assigned to the purchasing dealer. For a
11    used vehicle, a certificate of title properly assigned to
12    the purchasing dealer.
13        (2) A statement verified under oath that all
14    identifying numbers on the vehicle agree with those on the
15    certificate of title or manufacturer's statement of
16    origin.
17        (3) A bill of sale properly executed on behalf of the
18    purchasing dealer.
19        (4) A copy of the Uniform Invoice-transaction report
20    pursuant to Section 5-402.
21        (5) In the case of a rebuilt vehicle, a copy of the
22    Disclosure of Rebuilt Vehicle Status pursuant to Section
23    5-104.3.
24        (6) In the case of a vehicle for which a warranty has
25    been reinstated, a copy of the warranty.
26    (m) The motor vehicle financing affiliate shall use the

 

 

HB5496- 182 -LRB102 25260 LNS 34533 b

1established and supplemental place or places of business the
2new or used vehicle dealer listed on the application pursuant
3to paragraph (2) of subsection (b) as its established and
4supplemental place or places of business.
5    (n) The motor vehicle financing affiliate shall keep all
6books and records required by this Code with the books and
7records of the new or used vehicle dealer listed on the
8application pursuant to paragraph (2) of subsection (b). The
9motor vehicle financing affiliate may use the books and
10records of the new or used motor vehicle dealer listed on the
11application pursuant to paragraph (2) of subsection (b).
12    (o) Under no circumstances shall a motor vehicle financing
13affiliate sell, transfer, or assign a new vehicle to any place
14of business of a new motor vehicle dealer, unless that place of
15business is licensed under this Chapter to sell, assign, or
16otherwise transfer the make of the new motor vehicle
17transferred.
18    (p) All moneys received by the Secretary of State as
19license fees under this Section shall be deposited into the
20Motor Vehicle Review Board Fund and shall be used to
21administer the Motor Vehicle Review Board under the Motor
22Vehicle Franchise Act.
23    (q) Except as otherwise provided in this Section, a motor
24vehicle financing affiliate shall comply with all provisions
25of this Code.
26    (r) If a licensee under this Section voluntarily

 

 

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1surrenders a license to the Illinois Secretary of State Police
2or a representative of the Secretary of State Vehicle Services
3Department due to the licensee's inability to adhere to
4recordkeeping provisions, or the inability to properly issue
5certificates of title or registrations under this Code, or the
6Secretary revokes a license under this Section, then the
7licensee and the licensee's agent, designee, or legal
8representative, if applicable, may not be named on a new
9application for a licensee under this Section or under this
10Chapter, nor is the licensee or the licensee's agent,
11designee, or legal representative permitted to work for
12another licensee under this Chapter in a recordkeeping,
13management, or financial position or as an employee who
14handles certificate of title and registration documents and
15applications.
16(Source: P.A. 102-154, eff. 1-1-22.)
 
17    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
18    Sec. 5-102. Used vehicle dealers must be licensed.
19    (a) No person, other than a licensed new vehicle dealer,
20shall engage in the business of selling or dealing in, on
21consignment or otherwise, 5 or more used vehicles of any make
22during the year (except house trailers as authorized by
23paragraph (j) of this Section and rebuilt salvage vehicles
24sold by their rebuilders to persons licensed under this
25Chapter), or act as an intermediary, agent or broker for any

 

 

HB5496- 184 -LRB102 25260 LNS 34533 b

1licensed dealer or vehicle purchaser (other than as a
2salesperson) or represent or advertise that he is so engaged
3or intends to so engage in such business unless licensed to do
4so by the Secretary of State under the provisions of this
5Section.
6    (b) An application for a used vehicle dealer's license
7shall be filed with the Secretary of State, duly verified by
8oath, in such form as the Secretary of State may by rule or
9regulation prescribe and shall contain:
10        1. The name and type of business organization
11    established and additional places of business, if any, in
12    this State.
13        2. If the applicant is a corporation, a list of its
14    officers, directors, and shareholders having a ten percent
15    or greater ownership interest in the corporation, setting
16    forth the residence address of each; if the applicant is a
17    sole proprietorship, a partnership, an unincorporated
18    association, a trust, or any similar form of business
19    organization, the names and residence address of the
20    proprietor or of each partner, member, officer, director,
21    trustee, or manager.
22        3. A statement that the applicant has been approved
23    for registration under the Retailers' Occupation Tax Act
24    by the Department of Revenue. However, this requirement
25    does not apply to a dealer who is already licensed
26    hereunder with the Secretary of State, and who is merely

 

 

HB5496- 185 -LRB102 25260 LNS 34533 b

1    applying for a renewal of his license. As evidence of this
2    fact, the application shall be accompanied by a
3    certification from the Department of Revenue showing that
4    the Department has approved the applicant for registration
5    under the Retailers' Occupation Tax Act.
6        4. A statement that the applicant has complied with
7    the appropriate liability insurance requirement. A
8    Certificate of Insurance in a solvent company authorized
9    to do business in the State of Illinois shall be included
10    with each application covering each location at which he
11    proposes to act as a used vehicle dealer. The policy must
12    provide liability coverage in the minimum amounts of
13    $100,000 for bodily injury to, or death of, any person,
14    $300,000 for bodily injury to, or death of, two or more
15    persons in any one crash accident, and $50,000 for damage
16    to property. Such policy shall expire not sooner than
17    December 31 of the year for which the license was issued or
18    renewed. The expiration of the insurance policy shall not
19    terminate the liability under the policy arising during
20    the period for which the policy was filed. Trailer and
21    mobile home dealers are exempt from this requirement.
22        If the permitted user has a liability insurance policy
23    that provides automobile liability insurance coverage of
24    at least $100,000 for bodily injury to or the death of any
25    person, $300,000 for bodily injury to or the death of any 2
26    or more persons in any one crash accident, and $50,000 for

 

 

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1    damage to property, then the permitted user's insurer
2    shall be the primary insurer and the dealer's insurer
3    shall be the secondary insurer. If the permitted user does
4    not have a liability insurance policy that provides
5    automobile liability insurance coverage of at least
6    $100,000 for bodily injury to or the death of any person,
7    $300,000 for bodily injury to or the death of any 2 or more
8    persons in any one crash accident, and $50,000 for damage
9    to property, or does not have any insurance at all, then
10    the dealer's insurer shall be the primary insurer and the
11    permitted user's insurer shall be the secondary insurer.
12        When a permitted user is "test driving" a used vehicle
13    dealer's automobile, the used vehicle dealer's insurance
14    shall be primary and the permitted user's insurance shall
15    be secondary.
16        As used in this paragraph 4, a "permitted user" is a
17    person who, with the permission of the used vehicle dealer
18    or an employee of the used vehicle dealer, drives a
19    vehicle owned and held for sale or lease by the used
20    vehicle dealer which the person is considering to purchase
21    or lease, in order to evaluate the performance,
22    reliability, or condition of the vehicle. The term
23    "permitted user" also includes a person who, with the
24    permission of the used vehicle dealer, drives a vehicle
25    owned or held for sale or lease by the used vehicle dealer
26    for loaner purposes while the user's vehicle is being

 

 

HB5496- 187 -LRB102 25260 LNS 34533 b

1    repaired or evaluated.
2        As used in this paragraph 4, "test driving" occurs
3    when a permitted user who, with the permission of the used
4    vehicle dealer or an employee of the used vehicle dealer,
5    drives a vehicle owned and held for sale or lease by a used
6    vehicle dealer that the person is considering to purchase
7    or lease, in order to evaluate the performance,
8    reliability, or condition of the vehicle.
9        As used in this paragraph 4, "loaner purposes" means
10    when a person who, with the permission of the used vehicle
11    dealer, drives a vehicle owned or held for sale or lease by
12    the used vehicle dealer while the user's vehicle is being
13    repaired or evaluated.
14        5. An application for a used vehicle dealer's license
15    shall be accompanied by the following license fees:
16            (A) $1,000 for applicant's established place of
17        business, and $50 for each additional place of
18        business, if any, to which the application pertains;
19        however, if the application is made after June 15 of
20        any year, the license fee shall be $500 for
21        applicant's established place of business plus $25 for
22        each additional place of business, if any, to which
23        the application pertains. License fees shall be
24        returnable only in the event that the application is
25        denied by the Secretary of State. Of the money
26        received by the Secretary of State as license fees

 

 

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1        under this subparagraph (A) for the 2004 licensing
2        year and thereafter, 95% shall be deposited into the
3        General Revenue Fund.
4            (B) Except for dealers selling 25 or fewer
5        automobiles or as provided in subsection (h) of
6        Section 5-102.7 of this Code, an Annual Dealer
7        Recovery Fund Fee in the amount of $500 for the
8        applicant's established place of business, and $50 for
9        each additional place of business, if any, to which
10        the application pertains; but if the application is
11        made after June 15 of any year, the fee shall be $250
12        for the applicant's established place of business plus
13        $25 for each additional place of business, if any, to
14        which the application pertains. For a license renewal
15        application, the fee shall be based on the amount of
16        automobiles sold in the past year according to the
17        following formula:
18                (1) $0 for dealers selling 25 or less
19            automobiles;
20                (2) $150 for dealers selling more than 25 but
21            less than 200 automobiles;
22                (3) $300 for dealers selling 200 or more
23            automobiles but less than 300 automobiles; and
24                (4) $500 for dealers selling 300 or more
25            automobiles.
26            License fees shall be returnable only in the event

 

 

HB5496- 189 -LRB102 25260 LNS 34533 b

1        that the application is denied by the Secretary of
2        State. Moneys received under this subparagraph (B)
3        shall be deposited into the Dealer Recovery Trust
4        Fund.
5        6. A statement that the applicant's officers,
6    directors, shareholders having a 10% or greater ownership
7    interest therein, proprietor, partner, member, officer,
8    director, trustee, manager, or other principals in the
9    business have not committed in the past 3 years any one
10    violation as determined in any civil, criminal, or
11    administrative proceedings of any one of the following
12    Acts:
13            (A) The Anti-Theft Laws of the Illinois Vehicle
14        Code;
15            (B) The Certificate of Title Laws of the Illinois
16        Vehicle Code;
17            (C) The Offenses against Registration and
18        Certificates of Title Laws of the Illinois Vehicle
19        Code;
20            (D) The Dealers, Transporters, Wreckers and
21        Rebuilders Laws of the Illinois Vehicle Code;
22            (E) Section 21-2 of the Illinois Criminal Code of
23        1961 or the Criminal Code of 2012, Criminal Trespass
24        to Vehicles; or
25            (F) The Retailers' Occupation Tax Act.
26        7. A statement that the applicant's officers,

 

 

HB5496- 190 -LRB102 25260 LNS 34533 b

1    directors, shareholders having a 10% or greater ownership
2    interest therein, proprietor, partner, member, officer,
3    director, trustee, manager, or other principals in the
4    business have not committed in any calendar year 3 or more
5    violations, as determined in any civil, or criminal, or
6    administrative proceedings, of any one or more of the
7    following Acts:
8            (A) The Consumer Finance Act;
9            (B) The Consumer Installment Loan Act;
10            (C) The Retail Installment Sales Act;
11            (D) The Motor Vehicle Retail Installment Sales
12        Act;
13            (E) The Interest Act;
14            (F) The Illinois Wage Assignment Act;
15            (G) Part 8 of Article XII of the Code of Civil
16        Procedure; or
17            (H) The Consumer Fraud and Deceptive Business
18        Practices Act.
19        7.5. A statement that, within 10 years of application,
20    each officer, director, shareholder having a 10% or
21    greater ownership interest therein, proprietor, partner,
22    member, officer, director, trustee, manager, or other
23    principal in the business of the applicant has not
24    committed, as determined in any civil, criminal, or
25    administrative proceeding, in any calendar year one or
26    more forcible felonies under the Criminal Code of 1961 or

 

 

HB5496- 191 -LRB102 25260 LNS 34533 b

1    the Criminal Code of 2012, or a violation of either or both
2    Article 16 or 17 of the Criminal Code of 1961 or a
3    violation of either or both Article 16 or 17 of the
4    Criminal Code of 2012, Article 29B of the Criminal Code of
5    1961 or the Criminal Code of 2012, or a similar
6    out-of-state offense. For the purposes of this paragraph,
7    "forcible felony" has the meaning provided in Section 2-8
8    of the Criminal Code of 2012.
9        8. A bond or Certificate of Deposit in the amount of
10    $50,000 for each location at which the applicant intends
11    to act as a used vehicle dealer. The bond shall be for the
12    term of the license, or its renewal, for which application
13    is made, and shall expire not sooner than December 31 of
14    the year for which the license was issued or renewed. The
15    bond shall run to the People of the State of Illinois, with
16    surety by a bonding or insurance company authorized to do
17    business in this State. It shall be conditioned upon the
18    proper transmittal of all title and registration fees and
19    taxes (excluding taxes under the Retailers' Occupation Tax
20    Act) accepted by the applicant as a used vehicle dealer.
21        9. Such other information concerning the business of
22    the applicant as the Secretary of State may by rule or
23    regulation prescribe.
24        10. A statement that the applicant understands Chapter
25    1 through Chapter 5 of this Code.
26        11. A copy of the certification from the prelicensing

 

 

HB5496- 192 -LRB102 25260 LNS 34533 b

1    education program.
2        12. The full name, address, and contact information of
3    each of the dealer's agents or legal representatives who
4    is an Illinois resident and liable for the performance of
5    the dealership.
6    (c) Any change which renders no longer accurate any
7information contained in any application for a used vehicle
8dealer's license shall be amended within 30 days after the
9occurrence of each change on such form as the Secretary of
10State may prescribe by rule or regulation, accompanied by an
11amendatory fee of $2.
12    (d) Anything in this Chapter to the contrary
13notwithstanding, no person shall be licensed as a used vehicle
14dealer unless such person maintains an established place of
15business as defined in this Chapter.
16    (e) The Secretary of State shall, within a reasonable time
17after receipt, examine an application submitted to him under
18this Section. Unless the Secretary makes a determination that
19the application submitted to him does not conform to this
20Section or that grounds exist for a denial of the application
21under Section 5-501 of this Chapter, he must grant the
22applicant an original used vehicle dealer's license in writing
23for his established place of business and a supplemental
24license in writing for each additional place of business in
25such form as he may prescribe by rule or regulation which shall
26include the following:

 

 

HB5496- 193 -LRB102 25260 LNS 34533 b

1        1. The name of the person licensed;
2        2. If a corporation, the name and address of its
3    officers or if a sole proprietorship, a partnership, an
4    unincorporated association or any similar form of business
5    organization, the name and address of the proprietor or of
6    each partner, member, officer, director, trustee, or
7    manager;
8        3. In case of an original license, the established
9    place of business of the licensee;
10        4. In the case of a supplemental license, the
11    established place of business of the licensee and the
12    additional place of business to which such supplemental
13    license pertains;
14        5. The full name, address, and contact information of
15    each of the dealer's agents or legal representatives who
16    is an Illinois resident and liable for the performance of
17    the dealership.
18    (f) The appropriate instrument evidencing the license or a
19certified copy thereof, provided by the Secretary of State
20shall be kept posted, conspicuously, in the established place
21of business of the licensee and in each additional place of
22business, if any, maintained by such licensee.
23    (g) Except as provided in subsection (h) of this Section,
24all used vehicle dealer's licenses granted under this Section
25expire by operation of law on December 31 of the calendar year
26for which they are granted unless sooner revoked or cancelled

 

 

HB5496- 194 -LRB102 25260 LNS 34533 b

1under Section 5-501 of this Chapter.
2    (h) A used vehicle dealer's license may be renewed upon
3application and payment of the fee required herein, and
4submission of proof of coverage by an approved bond under the
5"Retailers' Occupation Tax Act" or proof that applicant is not
6subject to such bonding requirements, as in the case of an
7original license, but in case an application for the renewal
8of an effective license is made during the month of December,
9the effective license shall remain in force until the
10application for renewal is granted or denied by the Secretary
11of State.
12    (i) All persons licensed as a used vehicle dealer are
13required to furnish each purchaser of a motor vehicle:
14        1. A certificate of title properly assigned to the
15    purchaser;
16        2. A statement verified under oath that all
17    identifying numbers on the vehicle agree with those on the
18    certificate of title;
19        3. A bill of sale properly executed on behalf of such
20    person;
21        4. A copy of the Uniform Invoice-transaction reporting
22    return referred to in Section 5-402 of this Chapter;
23        5. In the case of a rebuilt vehicle, a copy of the
24    Disclosure of Rebuilt Vehicle Status; and
25        6. In the case of a vehicle for which the warranty has
26    been reinstated, a copy of the warranty.

 

 

HB5496- 195 -LRB102 25260 LNS 34533 b

1    (j) A real estate broker holding a valid certificate of
2registration issued pursuant to "The Real Estate Brokers and
3Salesmen License Act" may engage in the business of selling or
4dealing in house trailers not his own without being licensed
5as a used vehicle dealer under this Section; however such
6broker shall maintain a record of the transaction including
7the following:
8        (1) the name and address of the buyer and seller,
9        (2) the date of sale,
10        (3) a description of the mobile home, including the
11    vehicle identification number, make, model, and year, and
12        (4) the Illinois certificate of title number.
13    The foregoing records shall be available for inspection by
14any officer of the Secretary of State's Office at any
15reasonable hour.
16    (k) Except at the time of sale or repossession of the
17vehicle, no person licensed as a used vehicle dealer may issue
18any other person a newly created key to a vehicle unless the
19used vehicle dealer makes a color photocopy or electronic scan
20of the driver's license or State identification card of the
21person requesting or obtaining the newly created key. The used
22vehicle dealer must retain the photocopy or scan for 30 days.
23    A used vehicle dealer who violates this subsection (k) is
24guilty of a petty offense. Violation of this subsection (k) is
25not cause to suspend, revoke, cancel, or deny renewal of the
26used vehicle dealer's license.

 

 

HB5496- 196 -LRB102 25260 LNS 34533 b

1    (l) Used vehicle dealers licensed under this Section shall
2provide the Secretary of State a register for the sale at
3auction of each salvage or junk certificate vehicle. Each
4register shall include the following information:
5        1. The year, make, model, style, and color of the
6    vehicle;
7        2. The vehicle's manufacturer's identification number
8    or, if applicable, the Secretary of State or Illinois
9    State Police identification number;
10        3. The date of acquisition of the vehicle;
11        4. The name and address of the person from whom the
12    vehicle was acquired;
13        5. The name and address of the person to whom any
14    vehicle was disposed, the person's Illinois license number
15    or if the person is an out-of-state salvage vehicle buyer,
16    the license number from the state or jurisdiction where
17    the buyer is licensed; and
18        6. The purchase price of the vehicle.
19    The register shall be submitted to the Secretary of State
20via written or electronic means within 10 calendar days from
21the date of the auction.
22    (m) If a licensee under this Section voluntarily
23surrenders a license to the Illinois Secretary of State Police
24or a representative of the Secretary of State Vehicle Services
25Department due to the licensee's inability to adhere to
26recordkeeping provisions, or the inability to properly issue

 

 

HB5496- 197 -LRB102 25260 LNS 34533 b

1certificates of title or registrations under this Code, or the
2Secretary revokes a license under this Section, then the
3licensee and the licensee's agent, designee, or legal
4representative, if applicable, may not be named on a new
5application for a licensee under this Section or under this
6Chapter, nor is the licensee or the licensee's agent,
7designee, or legal representative permitted to work for
8another licensee under this Chapter in a recordkeeping,
9management, or financial position or as an employee who
10handles certificate of title and registration documents and
11applications.
12(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
13102-538, eff. 8-20-21; revised 10-15-21.)
 
14    (625 ILCS 5/5-102.8)
15    Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
16dealers.
17    (a) As used in this Section, "Buy Here, Pay Here used
18vehicle dealer" means any entity that engages in the business
19of selling or leasing of vehicles and finances the sale or
20purchase price of the vehicle to a customer without the
21customer using a third-party lender.
22    (b) No person shall engage in the business of selling or
23dealing in, on consignment or otherwise, 5 or more used
24vehicles of any make during the year (except rebuilt salvage
25vehicles sold by their rebuilders to persons licensed under

 

 

HB5496- 198 -LRB102 25260 LNS 34533 b

1this Chapter), or act as an intermediary, agent, or broker for
2any licensed dealer or vehicle purchaser (other than as a
3salesperson) or represent or advertise that he or she is so
4engaged or intends to so engage in such business of a Buy Here,
5Pay Here used vehicle dealer unless licensed to do so by the
6Secretary of State under the provisions of this Section.
7    (c) An application for a Buy Here, Pay Here used vehicle
8dealer's license shall be filed with the Secretary of State,
9duly verified by oath, in such form as the Secretary of State
10may by rule or regulation prescribe and shall contain:
11        (1) The name and type of business organization
12    established and additional places of business, if any, in
13    this State.
14        (2) If the applicant is a corporation, a list of its
15    officers, directors, and shareholders having a 10% or
16    greater ownership interest in the corporation, setting
17    forth the residence address of each; if the applicant is a
18    sole proprietorship, a partnership, an unincorporated
19    association, a trust, or any similar form of business
20    organization, the names and residence address of the
21    proprietor or of each partner, member, officer, director,
22    trustee, or manager.
23        (3) A statement that the applicant has been approved
24    for registration under the Retailers' Occupation Tax Act
25    by the Department of Revenue. However, this requirement
26    does not apply to a dealer who is already licensed

 

 

HB5496- 199 -LRB102 25260 LNS 34533 b

1    hereunder with the Secretary of State, and who is merely
2    applying for a renewal of his or her license. As evidence
3    of this fact, the application shall be accompanied by a
4    certification from the Department of Revenue showing that
5    the Department has approved the applicant for registration
6    under the Retailers' Occupation Tax Act.
7        (4) A statement that the applicant has complied with
8    the appropriate liability insurance requirement. A
9    Certificate of Insurance in a solvent company authorized
10    to do business in the State of Illinois shall be included
11    with each application covering each location at which he
12    or she proposes to act as a Buy Here, Pay Here used vehicle
13    dealer. The policy must provide liability coverage in the
14    minimum amounts of $100,000 for bodily injury to, or death
15    of, any person, $300,000 for bodily injury to, or death
16    of, 2 or more persons in any one crash accident, and
17    $50,000 for damage to property. Such policy shall expire
18    not sooner than December 31 of the year for which the
19    license was issued or renewed. The expiration of the
20    insurance policy shall not terminate the liability under
21    the policy arising during the period for which the policy
22    was filed.
23        If the permitted user has a liability insurance policy
24    that provides automobile liability insurance coverage of
25    at least $100,000 for bodily injury to or the death of any
26    person, $300,000 for bodily injury to or the death of any 2

 

 

HB5496- 200 -LRB102 25260 LNS 34533 b

1    or more persons in any one crash accident, and $50,000 for
2    damage to property, then the permitted user's insurer
3    shall be the primary insurer and the dealer's insurer
4    shall be the secondary insurer. If the permitted user does
5    not have a liability insurance policy that provides
6    automobile liability insurance coverage of at least
7    $100,000 for bodily injury to or the death of any person,
8    $300,000 for bodily injury to or the death of any 2 or more
9    persons in any one crash accident, and $50,000 for damage
10    to property, or does not have any insurance at all, then
11    the dealer's insurer shall be the primary insurer and the
12    permitted user's insurer shall be the secondary insurer.
13        When a permitted user is "test driving" a Buy Here,
14    Pay Here used vehicle dealer's automobile, the Buy Here,
15    Pay Here used vehicle dealer's insurance shall be primary
16    and the permitted user's insurance shall be secondary.
17        As used in this paragraph, "permitted user" means a
18    person who, with the permission of the Buy Here, Pay Here
19    used vehicle dealer or an employee of the Buy Here, Pay
20    Here used vehicle dealer, drives a vehicle owned and held
21    for sale or lease by the Buy Here, Pay Here used vehicle
22    dealer that the person is considering to purchase or
23    lease, in order to evaluate the performance, reliability,
24    or condition of the vehicle. "Permitted user" includes a
25    person who, with the permission of the Buy Here, Pay Here
26    used vehicle dealer, drives a vehicle owned or held for

 

 

HB5496- 201 -LRB102 25260 LNS 34533 b

1    sale or lease by the Buy Here, Pay Here used vehicle dealer
2    for loaner purposes while the user's vehicle is being
3    repaired or evaluated.
4        As used in this paragraph, "test driving" occurs when
5    a permitted user who, with the permission of the Buy Here,
6    Pay Here used vehicle dealer or an employee of the Buy
7    Here, Pay Here used vehicle dealer, drives a vehicle owned
8    and held for sale or lease by a Buy Here, Pay Here used
9    vehicle dealer that the person is considering to purchase
10    or lease, in order to evaluate the performance,
11    reliability, or condition of the vehicle.
12        As used in this paragraph, "loaner purposes" means
13    when a person who, with the permission of the Buy Here, Pay
14    Here used vehicle dealer, drives a vehicle owned or held
15    for sale or lease by the used vehicle dealer while the
16    user's vehicle is being repaired or evaluated.
17        (5) An application for a Buy Here, Pay Here used
18    vehicle dealer's license shall be accompanied by the
19    following license fees:
20            (A) $1,000 for the applicant's established place
21        of business, and $50 for each additional place of
22        business, if any, to which the application pertains;
23        however, if the application is made after June 15 of
24        any year, the license fee shall be $500 for the
25        applicant's established place of business plus $25 for
26        each additional place of business, if any, to which

 

 

HB5496- 202 -LRB102 25260 LNS 34533 b

1        the application pertains. License fees shall be
2        returnable only if the application is denied by the
3        Secretary of State. Of the money received by the
4        Secretary of State as license fees under this
5        subparagraph, 95% shall be deposited into the General
6        Revenue Fund.
7            (B) Except for dealers selling 25 or fewer
8        automobiles or as provided in subsection (h) of
9        Section 5-102.7 of this Code, an Annual Dealer
10        Recovery Fund Fee in the amount of $500 for the
11        applicant's established place of business, and $50 for
12        each additional place of business, if any, to which
13        the application pertains; but if the application is
14        made after June 15 of any year, the fee shall be $250
15        for the applicant's established place of business plus
16        $25 for each additional place of business, if any, to
17        which the application pertains. For a license renewal
18        application, the fee shall be based on the amount of
19        automobiles sold in the past year according to the
20        following formula:
21                (1) $0 for dealers selling 25 or less
22            automobiles;
23                (2) $150 for dealers selling more than 25 but
24            less than 200 automobiles;
25                (3) $300 for dealers selling 200 or more
26            automobiles but less than 300 automobiles; and

 

 

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1                (4) $500 for dealers selling 300 or more
2            automobiles.
3            Fees shall be returnable only if the application
4        is denied by the Secretary of State. Money received
5        under this subparagraph shall be deposited into the
6        Dealer Recovery Trust Fund. A Buy Here, Pay Here used
7        vehicle dealer shall pay into the Dealer Recovery
8        Trust Fund for every vehicle that is financed, sold,
9        or otherwise transferred to an individual or entity
10        other than the Buy Here, Pay Here used vehicle dealer
11        even if the individual or entity to which the Buy Here,
12        Pay Here used vehicle dealer transfers the vehicle is
13        unable to continue to adhere to the terms of the
14        transaction by the Buy Here, Pay Here used vehicle
15        dealer.
16        (6) A statement that each officer, director,
17    shareholder having a 10% or greater ownership interest
18    therein, proprietor, partner, member, officer, director,
19    trustee, manager, or other principal in the business of
20    the applicant has not committed in the past 3 years any one
21    violation as determined in any civil, criminal, or
22    administrative proceedings of any one of the following:
23            (A) the Anti-Theft Laws of this Code;
24            (B) the Certificate of Title Laws of this Code;
25            (C) the Offenses against Registration and
26        Certificates of Title Laws of this Code;

 

 

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1            (D) the Dealers, Transporters, Wreckers and
2        Rebuilders Laws of this Code;
3            (E) Section 21-2 of the Illinois Criminal Code of
4        1961 or the Criminal Code of 2012, Criminal Trespass
5        to Vehicles; or
6            (F) the Retailers' Occupation Tax Act.
7        (7) A statement that each officer, director,
8    shareholder having a 10% or greater ownership interest
9    therein, proprietor, partner, member, officer, director,
10    trustee, manager, or other principal in the business of
11    the applicant has not committed in any calendar year 3 or
12    more violations, as determined in any civil, criminal, or
13    administrative proceedings, of any one or more of the
14    following:
15            (A) the Consumer Finance Act;
16            (B) the Consumer Installment Loan Act;
17            (C) the Retail Installment Sales Act;
18            (D) the Motor Vehicle Retail Installment Sales
19        Act;
20            (E) the Interest Act;
21            (F) the Illinois Wage Assignment Act;
22            (G) Part 8 of Article XII of the Code of Civil
23        Procedure; or
24            (H) the Consumer Fraud and Deceptive Business
25        Practices Act.
26        (8) A statement that, within 10 years of application,

 

 

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1    each officer, director, shareholder having a 10% or
2    greater ownership interest therein, proprietor, partner,
3    member, officer, director, trustee, manager, or other
4    principal in the business of the applicant has not
5    committed, as determined in any civil, criminal, or
6    administrative proceeding, in any calendar year one or
7    more forcible felonies under the Criminal Code of 1961 or
8    the Criminal Code of 2012, or a violation of either or both
9    Article 16 or 17 of the Criminal Code of 1961, or a
10    violation of either or both Article 16 or 17 of the
11    Criminal Code of 2012, Article 29B of the Criminal Code of
12    1961 or the Criminal Code of 2012, or a similar
13    out-of-state offense. For the purposes of this paragraph,
14    "forcible felony" has the meaning provided in Section 2-8
15    of the Criminal Code of 2012.
16        (9) A bond or Certificate of Deposit in the amount of
17    $50,000 for each location at which the applicant intends
18    to act as a Buy Here, Pay Here used vehicle dealer. The
19    bond shall be for the term of the license. The bond shall
20    run to the People of the State of Illinois, with surety by
21    a bonding or insurance company authorized to do business
22    in this State. It shall be conditioned upon the proper
23    transmittal of all title and registration fees and taxes
24    (excluding taxes under the Retailers' Occupation Tax Act)
25    accepted by the applicant as a Buy Here, Pay Here used
26    vehicle dealer.

 

 

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1        (10) Such other information concerning the business of
2    the applicant as the Secretary of State may by rule
3    prescribe.
4        (11) A statement that the applicant understands
5    Chapter 1 through Chapter 5 of this Code.
6        (12) A copy of the certification from the prelicensing
7    education program.
8        (13) The full name, address, and contact information
9    of each of the dealer's agents or legal representatives
10    who is an Illinois resident and liable for the performance
11    of the dealership.
12    (d) Any change that renders no longer accurate any
13information contained in any application for a Buy Here, Pay
14Here used vehicle dealer's license shall be amended within 30
15days after the occurrence of each change on such form as the
16Secretary of State may prescribe by rule, accompanied by an
17amendatory fee of $2.
18    (e) Anything in this Chapter to the contrary
19notwithstanding, no person shall be licensed as a Buy Here,
20Pay Here used vehicle dealer unless the person maintains an
21established place of business as defined in this Chapter.
22    (f) The Secretary of State shall, within a reasonable time
23after receipt, examine an application submitted under this
24Section. Unless the Secretary makes a determination that the
25application does not conform to this Section or that grounds
26exist for a denial of the application under Section 5-501 of

 

 

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1this Chapter, the Secretary must grant the applicant an
2original Buy Here, Pay Here used vehicle dealer's license in
3writing for his or her established place of business and a
4supplemental license in writing for each additional place of
5business in such form as the Secretary may prescribe by rule
6that shall include the following:
7        (1) The name of the person licensed.
8        (2) If a corporation, the name and address of its
9    officers or if a sole proprietorship, a partnership, an
10    unincorporated association, or any similar form of
11    business organization, the name and address of the
12    proprietor or of each partner, member, officer, director,
13    trustee, or manager.
14        (3) In the case of an original license, the
15    established place of business of the licensee.
16        (4) In the case of a supplemental license, the
17    established place of business of the licensee and the
18    additional place of business to which the supplemental
19    license pertains.
20        (5) The full name, address, and contact information of
21    each of the dealer's agents or legal representatives who
22    is an Illinois resident and liable for the performance of
23    the dealership.
24    (g) The appropriate instrument evidencing the license or a
25certified copy thereof, provided by the Secretary of State
26shall be kept posted, conspicuously, in the established place

 

 

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1of business of the licensee and in each additional place of
2business, if any, maintained by the licensee.
3    (h) Except as provided in subsection (i), all Buy Here,
4Pay Here used vehicle dealer's licenses granted under this
5Section expire by operation of law on December 31 of the
6calendar year for which they are granted unless sooner revoked
7or cancelled under Section 5-501 of this Chapter.
8    (i) A Buy Here, Pay Here used vehicle dealer's license may
9be renewed upon application and payment of the fee required
10herein, and submission of proof of coverage by an approved
11bond under the Retailers' Occupation Tax Act or proof that the
12applicant is not subject to such bonding requirements, as in
13the case of an original license, but in the case of an
14application for the renewal of an effective license made
15during the month of December, the effective license shall
16remain in force until the application for renewal is granted
17or denied by the Secretary of State.
18    (j) Each person licensed as a Buy Here, Pay Here used
19vehicle dealer is required to furnish each purchaser of a
20motor vehicle:
21        (1) a certificate of title properly assigned to the
22    purchaser;
23        (2) a statement verified under oath that all
24    identifying numbers on the vehicle agree with those on the
25    certificate of title;
26        (3) a bill of sale properly executed on behalf of the

 

 

HB5496- 209 -LRB102 25260 LNS 34533 b

1    person;
2        (4) a copy of the Uniform Invoice-transaction
3    reporting return referred to in Section 5-402;
4        (5) in the case of a rebuilt vehicle, a copy of the
5    Disclosure of Rebuilt Vehicle Status; and
6        (6) in the case of a vehicle for which the warranty has
7    been reinstated, a copy of the warranty.
8    (k) Except at the time of sale or repossession of the
9vehicle, no person licensed as a Buy Here, Pay Here used
10vehicle dealer may issue any other person a newly created key
11to a vehicle unless the Buy Here, Pay Here used vehicle dealer
12makes a color photocopy or electronic scan of the driver's
13license or State identification card of the person requesting
14or obtaining the newly created key. The Buy Here, Pay Here used
15vehicle dealer must retain the photocopy or scan for 30 days.
16    A Buy Here, Pay Here used vehicle dealer who violates this
17subsection (k) is guilty of a petty offense. Violation of this
18subsection (k) is not cause to suspend, revoke, cancel, or
19deny renewal of the used vehicle dealer's license.
20    (l) A Buy Here, Pay Here used vehicle dealer licensed
21under this Section shall provide the Secretary of State a
22register for the sale at auction of each salvage or junk
23certificate vehicle. Each register shall include the following
24information:
25        (1) the year, make, model, style, and color of the
26    vehicle;

 

 

HB5496- 210 -LRB102 25260 LNS 34533 b

1        (2) the vehicle's manufacturer's identification number
2    or, if applicable, the Secretary of State or Illinois
3    Department of State Police identification number;
4        (3) the date of acquisition of the vehicle;
5        (4) the name and address of the person from whom the
6    vehicle was acquired;
7        (5) the name and address of the person to whom any
8    vehicle was disposed, the person's Illinois license number
9    or, if the person is an out-of-state salvage vehicle
10    buyer, the license number from the state or jurisdiction
11    where the buyer is licensed; and
12        (6) the purchase price of the vehicle.
13    The register shall be submitted to the Secretary of State
14via written or electronic means within 10 calendar days from
15the date of the auction.
16    (m) If a licensee under this Section voluntarily
17surrenders a license to the Illinois Secretary of State Police
18or a representative of the Secretary of State Vehicle Services
19Department due to the licensee's inability to adhere to
20recordkeeping provisions, or the inability to properly issue
21certificates of title or registrations under this Code, or the
22Secretary revokes a license under this Section, then the
23licensee and the licensee's agent, designee, or legal
24representative, if applicable, may not be named on a new
25application for a licensee under this Section or under this
26Chapter, nor is the licensee or the licensee's agent,

 

 

HB5496- 211 -LRB102 25260 LNS 34533 b

1designee, or legal representative permitted to work for
2another licensee under this Chapter in a recordkeeping,
3management, or financial position or as an employee who
4handles certificate of title and registration documents and
5applications.
6(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
 
7    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
8    Sec. 6-101. Drivers must have licenses or permits.
9    (a) No person, except those expressly exempted by Section
106-102, shall drive any motor vehicle upon a highway in this
11State unless such person has a valid license or permit, or a
12restricted driving permit, issued under the provisions of this
13Act.
14    (b) No person shall drive a motor vehicle unless he holds a
15valid license or permit, or a restricted driving permit issued
16under the provisions of Section 6-205, 6-206, or 6-113 of this
17Act. Any person to whom a license is issued under the
18provisions of this Act must surrender to the Secretary of
19State all valid licenses or permits, except that an applicant
20for a non-domiciled commercial learner's permit or commercial
21driver's license shall not be required to surrender a license
22or permit issued by the applicant's state or country of
23domicile. No drivers license or instruction permit shall be
24issued to any person who holds a valid Foreign State license,
25identification card, or permit unless such person first

 

 

HB5496- 212 -LRB102 25260 LNS 34533 b

1surrenders to the Secretary of State any such valid Foreign
2State license, identification card, or permit.
3    (b-5) Any person who commits a violation of subsection (a)
4or (b) of this Section is guilty of a Class A misdemeanor, if
5at the time of the violation the person's driver's license or
6permit was cancelled under clause (a)9 of Section 6-201 of
7this Code.
8    (c) Any person licensed as a driver hereunder shall not be
9required by any city, village, incorporated town or other
10municipal corporation to obtain any other license to exercise
11the privilege thereby granted.
12    (d) In addition to other penalties imposed under this
13Section, any person in violation of this Section who is also in
14violation of Section 7-601 of this Code relating to mandatory
15insurance requirements shall have his or her motor vehicle
16immediately impounded by the arresting law enforcement
17officer. The motor vehicle may be released to any licensed
18driver upon a showing of proof of insurance for the motor
19vehicle that was impounded and the notarized written consent
20for the release by the vehicle owner.
21    (e) In addition to other penalties imposed under this
22Section, the vehicle of any person in violation of this
23Section who is also in violation of Section 7-601 of this Code
24relating to mandatory insurance requirements and who, in
25violating this Section, has caused death or personal injury to
26another person is subject to forfeiture under Sections 36-1

 

 

HB5496- 213 -LRB102 25260 LNS 34533 b

1and 36-2 of the Criminal Code of 2012. For the purposes of this
2Section, a personal injury shall include any type A injury as
3indicated on the traffic crash accident report completed by a
4law enforcement officer that requires immediate professional
5attention in either a doctor's office or a medical facility. A
6type A injury shall include severely bleeding wounds,
7distorted extremities, and injuries that require the injured
8party to be carried from the scene.
9(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
1098-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
1199-414 for the effective date of changes made by P.A.
1298-176).)
 
13    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
14    Sec. 6-106.1. School bus driver permit.
15    (a) The Secretary of State shall issue a school bus driver
16permit to those applicants who have met all the requirements
17of the application and screening process under this Section to
18insure the welfare and safety of children who are transported
19on school buses throughout the State of Illinois. Applicants
20shall obtain the proper application required by the Secretary
21of State from their prospective or current employer and submit
22the completed application to the prospective or current
23employer along with the necessary fingerprint submission as
24required by the Illinois State Police to conduct fingerprint
25based criminal background checks on current and future

 

 

HB5496- 214 -LRB102 25260 LNS 34533 b

1information available in the state system and current
2information available through the Federal Bureau of
3Investigation's system. Applicants who have completed the
4fingerprinting requirements shall not be subjected to the
5fingerprinting process when applying for subsequent permits or
6submitting proof of successful completion of the annual
7refresher course. Individuals who on July 1, 1995 (the
8effective date of Public Act 88-612) possess a valid school
9bus driver permit that has been previously issued by the
10appropriate Regional School Superintendent are not subject to
11the fingerprinting provisions of this Section as long as the
12permit remains valid and does not lapse. The applicant shall
13be required to pay all related application and fingerprinting
14fees as established by rule including, but not limited to, the
15amounts established by the Illinois State Police and the
16Federal Bureau of Investigation to process fingerprint based
17criminal background investigations. All fees paid for
18fingerprint processing services under this Section shall be
19deposited into the State Police Services Fund for the cost
20incurred in processing the fingerprint based criminal
21background investigations. All other fees paid under this
22Section shall be deposited into the Road Fund for the purpose
23of defraying the costs of the Secretary of State in
24administering this Section. All applicants must:
25        1. be 21 years of age or older;
26        2. possess a valid and properly classified driver's

 

 

HB5496- 215 -LRB102 25260 LNS 34533 b

1    license issued by the Secretary of State;
2        3. possess a valid driver's license, which has not
3    been revoked, suspended, or canceled for 3 years
4    immediately prior to the date of application, or have not
5    had his or her commercial motor vehicle driving privileges
6    disqualified within the 3 years immediately prior to the
7    date of application;
8        4. successfully pass a written test, administered by
9    the Secretary of State, on school bus operation, school
10    bus safety, and special traffic laws relating to school
11    buses and submit to a review of the applicant's driving
12    habits by the Secretary of State at the time the written
13    test is given;
14        5. demonstrate ability to exercise reasonable care in
15    the operation of school buses in accordance with rules
16    promulgated by the Secretary of State;
17        6. demonstrate physical fitness to operate school
18    buses by submitting the results of a medical examination,
19    including tests for drug use for each applicant not
20    subject to such testing pursuant to federal law, conducted
21    by a licensed physician, a licensed advanced practice
22    registered nurse, or a licensed physician assistant within
23    90 days of the date of application according to standards
24    promulgated by the Secretary of State;
25        7. affirm under penalties of perjury that he or she
26    has not made a false statement or knowingly concealed a

 

 

HB5496- 216 -LRB102 25260 LNS 34533 b

1    material fact in any application for permit;
2        8. have completed an initial classroom course,
3    including first aid procedures, in school bus driver
4    safety as promulgated by the Secretary of State; and after
5    satisfactory completion of said initial course an annual
6    refresher course; such courses and the agency or
7    organization conducting such courses shall be approved by
8    the Secretary of State; failure to complete the annual
9    refresher course, shall result in cancellation of the
10    permit until such course is completed;
11        9. not have been under an order of court supervision
12    for or convicted of 2 or more serious traffic offenses, as
13    defined by rule, within one year prior to the date of
14    application that may endanger the life or safety of any of
15    the driver's passengers within the duration of the permit
16    period;
17        10. not have been under an order of court supervision
18    for or convicted of reckless driving, aggravated reckless
19    driving, driving while under the influence of alcohol,
20    other drug or drugs, intoxicating compound or compounds or
21    any combination thereof, or reckless homicide resulting
22    from the operation of a motor vehicle within 3 years of the
23    date of application;
24        11. not have been convicted of committing or
25    attempting to commit any one or more of the following
26    offenses: (i) those offenses defined in Sections 8-1,

 

 

HB5496- 217 -LRB102 25260 LNS 34533 b

1    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
8    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
9    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
10    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
11    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
13    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
14    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
15    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
16    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
17    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
18    of Section 24-3, and those offenses contained in Article
19    29D of the Criminal Code of 1961 or the Criminal Code of
20    2012; (ii) those offenses defined in the Cannabis Control
21    Act except those offenses defined in subsections (a) and
22    (b) of Section 4, and subsection (a) of Section 5 of the
23    Cannabis Control Act; (iii) those offenses defined in the
24    Illinois Controlled Substances Act; (iv) those offenses
25    defined in the Methamphetamine Control and Community
26    Protection Act; and (v) any offense committed or attempted

 

 

HB5496- 218 -LRB102 25260 LNS 34533 b

1    in any other state or against the laws of the United
2    States, which if committed or attempted in this State
3    would be punishable as one or more of the foregoing
4    offenses; (vi) the offenses defined in Section 4.1 and 5.1
5    of the Wrongs to Children Act or Section 11-9.1A of the
6    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
7    those offenses defined in Section 6-16 of the Liquor
8    Control Act of 1934; and (viii) those offenses defined in
9    the Methamphetamine Precursor Control Act;
10        12. not have been repeatedly involved as a driver in
11    motor vehicle collisions or been repeatedly convicted of
12    offenses against laws and ordinances regulating the
13    movement of traffic, to a degree which 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        13. not have, through the unlawful operation of a
19    motor vehicle, caused a crash an accident resulting in the
20    death of any person;
21        14. not have, within the last 5 years, been adjudged
22    to be afflicted with or suffering from any mental
23    disability or disease;
24        15. consent, in writing, to the release of results of
25    reasonable suspicion drug and alcohol testing under
26    Section 6-106.1c of this Code by the employer of the

 

 

HB5496- 219 -LRB102 25260 LNS 34533 b

1    applicant to the Secretary of State; and
2        16. not have been convicted of committing or
3    attempting to commit within the last 20 years: (i) an
4    offense defined in subsection (c) of Section 4, subsection
5    (b) of Section 5, and subsection (a) of Section 8 of the
6    Cannabis Control Act; or (ii) any offenses in any other
7    state or against the laws of the United States that, if
8    committed or attempted in this State, would be punishable
9    as one or more of the foregoing offenses.
10    (b) A school bus driver permit shall be valid for a period
11specified by the Secretary of State as set forth by rule. It
12shall be renewable upon compliance with subsection (a) of this
13Section.
14    (c) A school bus driver permit shall contain the holder's
15driver's license number, legal name, residence address, zip
16code, and date of birth, a brief description of the holder and
17a space for signature. The Secretary of State may require a
18suitable photograph of the holder.
19    (d) The employer shall be responsible for conducting a
20pre-employment interview with prospective school bus driver
21candidates, distributing school bus driver applications and
22medical forms to be completed by the applicant, and submitting
23the applicant's fingerprint cards to the Illinois State Police
24that are required for the criminal background investigations.
25The employer shall certify in writing to the Secretary of
26State that all pre-employment conditions have been

 

 

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1successfully completed including the successful completion of
2an Illinois specific criminal background investigation through
3the Illinois State Police and the submission of necessary
4fingerprints to the Federal Bureau of Investigation for
5criminal history information available through the Federal
6Bureau of Investigation system. The applicant shall present
7the certification to the Secretary of State at the time of
8submitting the school bus driver permit application.
9    (e) Permits shall initially be provisional upon receiving
10certification from the employer that all pre-employment
11conditions have been successfully completed, and upon
12successful completion of all training and examination
13requirements for the classification of the vehicle to be
14operated, the Secretary of State shall provisionally issue a
15School Bus Driver Permit. The permit shall remain in a
16provisional status pending the completion of the Federal
17Bureau of Investigation's criminal background investigation
18based upon fingerprinting specimens submitted to the Federal
19Bureau of Investigation by the Illinois State Police. The
20Federal Bureau of Investigation shall report the findings
21directly to the Secretary of State. The Secretary of State
22shall remove the bus driver permit from provisional status
23upon the applicant's successful completion of the Federal
24Bureau of Investigation's criminal background investigation.
25    (f) A school bus driver permit holder shall notify the
26employer and the Secretary of State if he or she is issued an

 

 

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1order of court supervision for or convicted in another state
2of an offense that would make him or her ineligible for a
3permit under subsection (a) of this Section. The written
4notification shall be made within 5 days of the entry of the
5order of court supervision or conviction. Failure of the
6permit holder to provide the notification is punishable as a
7petty offense for a first violation and a Class B misdemeanor
8for a second or subsequent violation.
9    (g) Cancellation; suspension; notice and procedure.
10        (1) The Secretary of State shall cancel a school bus
11    driver permit of an applicant whose criminal background
12    investigation discloses that he or she is not in
13    compliance with the provisions of subsection (a) of this
14    Section.
15        (2) The Secretary of State shall cancel a school bus
16    driver permit when he or she receives notice that the
17    permit holder fails to comply with any provision of this
18    Section or any rule promulgated for the administration of
19    this Section.
20        (3) The Secretary of State shall cancel a school bus
21    driver permit if the permit holder's restricted commercial
22    or commercial driving privileges are withdrawn or
23    otherwise invalidated.
24        (4) The Secretary of State may not issue a school bus
25    driver permit for a period of 3 years to an applicant who
26    fails to obtain a negative result on a drug test as

 

 

HB5496- 222 -LRB102 25260 LNS 34533 b

1    required in item 6 of subsection (a) of this Section or
2    under federal law.
3        (5) The Secretary of State shall forthwith suspend a
4    school bus driver permit for a period of 3 years upon
5    receiving notice that the holder has failed to obtain a
6    negative result on a drug test as required in item 6 of
7    subsection (a) of this Section or under federal law.
8        (6) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving
10    notice from the employer that the holder failed to perform
11    the inspection procedure set forth in subsection (a) or
12    (b) of Section 12-816 of this Code.
13        (7) The Secretary of State shall suspend a school bus
14    driver permit for a period of 3 years upon receiving
15    notice from the employer that the holder refused to submit
16    to an alcohol or drug test as required by Section 6-106.1c
17    or has submitted to a test required by that Section which
18    disclosed an alcohol concentration of more than 0.00 or
19    disclosed a positive result on a National Institute on
20    Drug Abuse five-drug panel, utilizing federal standards
21    set forth in 49 CFR 40.87.
22    The Secretary of State shall notify the State
23Superintendent of Education and the permit holder's
24prospective or current employer that the applicant has (1) has
25failed a criminal background investigation or (2) is no longer
26eligible for a school bus driver permit; and of the related

 

 

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1cancellation of the applicant's provisional school bus driver
2permit. The cancellation shall remain in effect pending the
3outcome of a hearing pursuant to Section 2-118 of this Code.
4The scope of the hearing shall be limited to the issuance
5criteria contained in subsection (a) of this Section. A
6petition requesting a hearing shall be submitted to the
7Secretary of State and shall contain the reason the individual
8feels he or she is entitled to a school bus driver permit. The
9permit holder's employer shall notify in writing to the
10Secretary of State that the employer has certified the removal
11of the offending school bus driver from service prior to the
12start of that school bus driver's next workshift. An employing
13school board that fails to remove the offending school bus
14driver from service is subject to the penalties defined in
15Section 3-14.23 of the School Code. A school bus contractor
16who violates a provision of this Section is subject to the
17penalties defined in Section 6-106.11.
18    All valid school bus driver permits issued under this
19Section prior to January 1, 1995, shall remain effective until
20their expiration date unless otherwise invalidated.
21    (h) When a school bus driver permit holder who is a service
22member is called to active duty, the employer of the permit
23holder shall notify the Secretary of State, within 30 days of
24notification from the permit holder, that the permit holder
25has been called to active duty. Upon notification pursuant to
26this subsection, (i) the Secretary of State shall characterize

 

 

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1the permit as inactive until a permit holder renews the permit
2as provided in subsection (i) of this Section, and (ii) if a
3permit holder fails to comply with the requirements of this
4Section while called to active duty, the Secretary of State
5shall not characterize the permit as invalid.
6    (i) A school bus driver permit holder who is a service
7member returning from active duty must, within 90 days, renew
8a permit characterized as inactive pursuant to subsection (h)
9of this Section by complying with the renewal requirements of
10subsection (b) of this Section.
11    (j) For purposes of subsections (h) and (i) of this
12Section:
13    "Active duty" means active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor.
16    "Service member" means a member of the Armed Services or
17reserve forces of the United States or a member of the Illinois
18National Guard.
19    (k) A private carrier employer of a school bus driver
20permit holder, having satisfied the employer requirements of
21this Section, shall be held to a standard of ordinary care for
22intentional acts committed in the course of employment by the
23bus driver permit holder. This subsection (k) shall in no way
24limit the liability of the private carrier employer for
25violation of any provision of this Section or for the
26negligent hiring or retention of a school bus driver permit

 

 

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1holder.
2(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
3102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
410-13-21.)
 
5    (625 ILCS 5/6-106.1a)
6    Sec. 6-106.1a. Cancellation of school bus driver permit;
7trace of alcohol.
8    (a) A person who has been issued a school bus driver permit
9by the Secretary of State in accordance with Section 6-106.1
10of this Code and who drives or is in actual physical control of
11a school bus or any other vehicle owned or operated by or for a
12public or private school, or a school operated by a religious
13institution, when the vehicle is being used over a regularly
14scheduled route for the transportation of persons enrolled as
15students in grade 12 or below, in connection with any activity
16of the entities listed, upon the public highways of this State
17shall be deemed to have given consent to a chemical test or
18tests of blood, breath, other bodily substance, or urine for
19the purpose of determining the alcohol content of the person's
20blood if arrested, as evidenced by the issuance of a Uniform
21Traffic Ticket for any violation of this Code or a similar
22provision of a local ordinance, if a police officer has
23probable cause to believe that the driver has consumed any
24amount of an alcoholic beverage based upon evidence of the
25driver's physical condition or other first hand knowledge of

 

 

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1the police officer. The test or tests shall be administered at
2the direction of the arresting officer. The law enforcement
3agency employing the officer shall designate which of the
4aforesaid tests shall be administered. A urine or other bodily
5substance test may be administered even after a blood or
6breath test or both has been administered.
7    (b) A person who is dead, unconscious, or who is otherwise
8in a condition rendering that person incapable of refusal,
9shall be deemed not to have withdrawn the consent provided by
10paragraph (a) of this Section and the test or tests may be
11administered subject to the following provisions:
12        (1) Chemical analysis of the person's blood, urine,
13    breath, or other bodily substance, to be considered valid
14    under the provisions of this Section, shall have been
15    performed according to standards promulgated by the
16    Illinois State Police by an individual possessing a valid
17    permit issued by the Illinois State Police for this
18    purpose. The Director of the Illinois State Police is
19    authorized to approve satisfactory techniques or methods,
20    to ascertain the qualifications and competence of
21    individuals to conduct analyses, to issue permits that
22    shall be subject to termination or revocation at the
23    direction of the Illinois State Police, and to certify the
24    accuracy of breath testing equipment. The Illinois State
25    Police shall prescribe rules as necessary.
26        (2) When a person submits to a blood test at the

 

 

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1    request of a law enforcement officer under the provisions
2    of this Section, only a physician authorized to practice
3    medicine, a licensed physician assistant, a licensed
4    advanced practice registered nurse, a registered nurse, or
5    other qualified person trained in venipuncture and acting
6    under the direction of a licensed physician may withdraw
7    blood for the purpose of determining the alcohol content.
8    This limitation does not apply to the taking of breath,
9    other bodily substance, or urine specimens.
10        (3) The person tested may have a physician, qualified
11    technician, chemist, registered nurse, or other qualified
12    person of his or her own choosing administer a chemical
13    test or tests in addition to any test or tests
14    administered at the direction of a law enforcement
15    officer. The test administered at the request of the
16    person may be admissible into evidence at a hearing
17    conducted in accordance with Section 2-118 of this Code.
18    The failure or inability to obtain an additional test by a
19    person shall not preclude the consideration of the
20    previously performed chemical test.
21        (4) Upon a request of the person who submits to a
22    chemical test or tests at the request of a law enforcement
23    officer, full information concerning the test or tests
24    shall be made available to the person or that person's
25    attorney by the requesting law enforcement agency within
26    72 hours of receipt of the test result.

 

 

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1        (5) Alcohol concentration means either grams of
2    alcohol per 100 milliliters of blood or grams of alcohol
3    per 210 liters of breath.
4        (6) If a driver is receiving medical treatment as a
5    result of a motor vehicle crash accident, a physician
6    licensed to practice medicine, licensed physician
7    assistant, licensed advanced practice registered nurse,
8    registered nurse, or other qualified person trained in
9    venipuncture and acting under the direction of a licensed
10    physician shall withdraw blood for testing purposes to
11    ascertain the presence of alcohol upon the specific
12    request of a law enforcement officer. However, that
13    testing shall not be performed until, in the opinion of
14    the medical personnel on scene, the withdrawal can be made
15    without interfering with or endangering the well-being of
16    the patient.
17    (c) A person requested to submit to a test as provided in
18this Section shall be warned by the law enforcement officer
19requesting the test that a refusal to submit to the test, or
20submission to the test resulting in an alcohol concentration
21of more than 0.00, may result in the loss of that person's
22privilege to possess a school bus driver permit. The loss of
23the individual's privilege to possess a school bus driver
24permit shall be imposed in accordance with Section 6-106.1b of
25this Code. A person requested to submit to a test under this
26Section shall also acknowledge, in writing, receipt of the

 

 

HB5496- 229 -LRB102 25260 LNS 34533 b

1warning required under this subsection (c). If the person
2refuses to acknowledge receipt of the warning, the law
3enforcement officer shall make a written notation on the
4warning that the person refused to sign the warning. A
5person's refusal to sign the warning shall not be evidence
6that the person was not read the warning.
7    (d) If the person refuses testing or submits to a test that
8discloses an alcohol concentration of more than 0.00, the law
9enforcement officer shall immediately submit a sworn report to
10the Secretary of State on a form prescribed by the Secretary of
11State certifying that the test or tests were requested under
12subsection (a) and the person refused to submit to a test or
13tests or submitted to testing which disclosed an alcohol
14concentration of more than 0.00. The law enforcement officer
15shall submit the same sworn report when a person who has been
16issued a school bus driver permit and who was operating a
17school bus or any other vehicle owned or operated by or for a
18public or private school, or a school operated by a religious
19institution, when the vehicle is being used over a regularly
20scheduled route for the transportation of persons enrolled as
21students in grade 12 or below, in connection with any activity
22of the entities listed, submits to testing under Section
2311-501.1 of this Code and the testing discloses an alcohol
24concentration of more than 0.00 and less than the alcohol
25concentration at which driving or being in actual physical
26control of a motor vehicle is prohibited under paragraph (1)

 

 

HB5496- 230 -LRB102 25260 LNS 34533 b

1of subsection (a) of Section 11-501.
2    Upon receipt of the sworn report of a law enforcement
3officer, the Secretary of State shall enter the school bus
4driver permit sanction on the individual's driving record and
5the sanction shall be effective on the 46th day following the
6date notice of the sanction was given to the person.
7    The law enforcement officer submitting the sworn report
8shall serve immediate notice of this school bus driver permit
9sanction on the person and the sanction shall be effective on
10the 46th day following the date notice was given.
11    In cases where the blood alcohol concentration of more
12than 0.00 is established by a subsequent analysis of blood,
13other bodily substance, or urine, the police officer or
14arresting agency shall give notice as provided in this Section
15or by deposit in the United States mail of that notice in an
16envelope with postage prepaid and addressed to that person at
17his or her last known address and the loss of the school bus
18driver permit shall be effective on the 46th day following the
19date notice was given.
20    Upon receipt of the sworn report of a law enforcement
21officer, the Secretary of State shall also give notice of the
22school bus driver permit sanction to the driver and the
23driver's current employer by mailing a notice of the effective
24date of the sanction to the individual. However, shall the
25sworn report be defective by not containing sufficient
26information or be completed in error, the notice of the school

 

 

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1bus driver permit sanction may not be mailed to the person or
2his current employer or entered to the driving record, but
3rather the sworn report shall be returned to the issuing law
4enforcement agency.
5    (e) A driver may contest this school bus driver permit
6sanction by requesting an administrative hearing with the
7Secretary of State in accordance with Section 2-118 of this
8Code. An individual whose blood alcohol concentration is shown
9to be more than 0.00 is not subject to this Section if he or
10she consumed alcohol in the performance of a religious service
11or ceremony. An individual whose blood alcohol concentration
12is shown to be more than 0.00 shall not be subject to this
13Section if the individual's blood alcohol concentration
14resulted only from ingestion of the prescribed or recommended
15dosage of medicine that contained alcohol. The petition for
16that hearing shall not stay or delay the effective date of the
17impending suspension. The scope of this hearing shall be
18limited to the issues of:
19        (1) whether the police officer had probable cause to
20    believe that the person was driving or in actual physical
21    control of a school bus or any other vehicle owned or
22    operated by or for a public or private school, or a school
23    operated by a religious institution, when the vehicle is
24    being used over a regularly scheduled route for the
25    transportation of persons enrolled as students in grade 12
26    or below, in connection with any activity of the entities

 

 

HB5496- 232 -LRB102 25260 LNS 34533 b

1    listed, upon the public highways of the State and the
2    police officer had reason to believe that the person was
3    in violation of any provision of this Code or a similar
4    provision of a local ordinance; and
5        (2) whether the person was issued a Uniform Traffic
6    Ticket for any violation of this Code or a similar
7    provision of a local ordinance; and
8        (3) whether the police officer had probable cause to
9    believe that the driver had consumed any amount of an
10    alcoholic beverage based upon the driver's physical
11    actions or other first-hand knowledge of the police
12    officer; and
13        (4) whether the person, after being advised by the
14    officer that the privilege to possess a school bus driver
15    permit would be canceled if the person refused to submit
16    to and complete the test or tests, did refuse to submit to
17    or complete the test or tests to determine the person's
18    alcohol concentration; and
19        (5) whether the person, after being advised by the
20    officer that the privileges to possess a school bus driver
21    permit would be canceled if the person submits to a
22    chemical test or tests and the test or tests disclose an
23    alcohol concentration of more than 0.00 and the person did
24    submit to and complete the test or tests that determined
25    an alcohol concentration of more than 0.00; and
26        (6) whether the test result of an alcohol

 

 

HB5496- 233 -LRB102 25260 LNS 34533 b

1    concentration of more than 0.00 was based upon the
2    person's consumption of alcohol in the performance of a
3    religious service or ceremony; and
4        (7) whether the test result of an alcohol
5    concentration of more than 0.00 was based upon the
6    person's consumption of alcohol through ingestion of the
7    prescribed or recommended dosage of medicine.
8    The Secretary of State may adopt administrative rules
9setting forth circumstances under which the holder of a school
10bus driver permit is not required to appear in person at the
11hearing.
12    Provided that the petitioner may subpoena the officer, the
13hearing may be conducted upon a review of the law enforcement
14officer's own official reports. Failure of the officer to
15answer the subpoena shall be grounds for a continuance if, in
16the hearing officer's discretion, the continuance is
17appropriate. At the conclusion of the hearing held under
18Section 2-118 of this Code, the Secretary of State may
19rescind, continue, or modify the school bus driver permit
20sanction.
21    (f) The results of any chemical testing performed in
22accordance with subsection (a) of this Section are not
23admissible in any civil or criminal proceeding, except that
24the results of the testing may be considered at a hearing held
25under Section 2-118 of this Code. However, the results of the
26testing may not be used to impose driver's license sanctions

 

 

HB5496- 234 -LRB102 25260 LNS 34533 b

1under Section 11-501.1 of this Code. A law enforcement officer
2may, however, pursue a statutory summary suspension or
3revocation of driving privileges under Section 11-501.1 of
4this Code if other physical evidence or first hand knowledge
5forms the basis of that suspension or revocation.
6    (g) This Section applies only to drivers who have been
7issued a school bus driver permit in accordance with Section
86-106.1 of this Code at the time of the issuance of the Uniform
9Traffic Ticket for a violation of this Code or a similar
10provision of a local ordinance, and a chemical test request is
11made under this Section.
12    (h) The action of the Secretary of State in suspending,
13revoking, canceling, or denying any license, permit,
14registration, or certificate of title shall be subject to
15judicial review in the Circuit Court of Sangamon County or in
16the Circuit Court of Cook County, and the provisions of the
17Administrative Review Law and its rules are hereby adopted and
18shall apply to and govern every action for the judicial review
19of final acts or decisions of the Secretary of State under this
20Section.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (625 ILCS 5/6-106.2)  (from Ch. 95 1/2, par. 6-106.2)
23    Sec. 6-106.2. Religious organization bus driver. A
24religious organization bus driver shall meet the following
25requirements:

 

 

HB5496- 235 -LRB102 25260 LNS 34533 b

1        1. is 21 years of age or older;
2        2. has a valid and properly classified driver's
3    license issued by the Secretary of State;
4        3. has held a valid driver's license, not necessarily
5    of the same classification, for 3 years prior to the date
6    of application. A lapse in the renewal of the driver's
7    license of 30 days or less shall not render the applicant
8    ineligible. The Secretary of State may, in his or her
9    discretion, grant a waiver for a lapse in the renewal of
10    the driver's license in excess of 30 days;
11        4. has demonstrated an ability to exercise reasonable
12    care in the safe operation of religious organization buses
13    in accordance with such standards as the Secretary of
14    State prescribes including a driving test in a religious
15    organization bus; and
16        5. has not been convicted of any of the following
17    offenses within 3 years of the date of application:
18    Sections 11-401 (leaving the scene of a traffic crash
19    accident involving death or personal injury), 11-501
20    (driving under the influence), 11-503 (reckless driving),
21    11-504 (drag racing), and 11-506 (street racing) of this
22    Code, or Sections 9-3 (manslaughter or reckless homicide)
23    and 12-5 (reckless conduct arising from the use of a motor
24    vehicle) of the Criminal Code of 1961 or the Criminal Code
25    of 2012.
26(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 

 

 

HB5496- 236 -LRB102 25260 LNS 34533 b

1    (625 ILCS 5/6-106.3)  (from Ch. 95 1/2, par. 6-106.3)
2    Sec. 6-106.3. Senior citizen transportation - driver. A
3driver of a vehicle operated solely for the purpose of
4providing transportation for the elderly in connection with
5the activities of any public or private organization shall
6meet the following requirements:
7        (1) is 21 years of age or older;
8        (2) has a valid and properly classified driver's
9    license issued by the Secretary of State;
10        (3) has had a valid driver's license, not necessarily
11    of the same classification, for 3 years prior to the date
12    of application. A lapse in the renewal of the driver's
13    license of 30 days or less shall not render the applicant
14    ineligible. The Secretary of State may, in his or her
15    discretion, grant a waiver for a lapse in the renewal of
16    the driver's license in excess of 30 days;
17        (4) has demonstrated his ability to exercise
18    reasonable care in the safe operation of a motor vehicle
19    which will be utilized to transport persons in accordance
20    with such standards as the Secretary of State prescribes
21    including a driving test in such motor vehicle; and
22        (5) has not been convicted of any of the following
23    offenses within 3 years of the date of application:
24    Sections 11-401 (leaving the scene of a traffic crash
25    accident involving death or personal injury), 11-501

 

 

HB5496- 237 -LRB102 25260 LNS 34533 b

1    (driving under the influence), 11-503 (reckless driving),
2    11-504 (drag racing), and 11-506 (street racing) of this
3    Code, or Sections 9-3 (manslaughter or reckless homicide)
4    and 12-5 (reckless conduct arising from the use of a motor
5    vehicle) of the Criminal Code of 1961 or the Criminal Code
6    of 2012.
7(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 
8    (625 ILCS 5/6-106.4)  (from Ch. 95 1/2, par. 6-106.4)
9    Sec. 6-106.4. For-profit ridesharing arrangement - driver.
10No person may drive a commuter van while it is being used for a
11for-profit ridesharing arrangement unless such person:
12        (1) is 21 years of age or older;
13        (2) has a valid and properly classified driver's
14    license issued by the Secretary of State;
15        (3) has held a valid driver's license, not necessarily
16    of the same classification, for 3 years prior to the date
17    of application. A lapse in the renewal of the driver's
18    license of 30 days or less shall not render the applicant
19    ineligible. The Secretary of State may, in his or her
20    discretion, grant a waiver for a lapse in the renewal of
21    the driver's license in excess of 30 days;
22        (4) has demonstrated his ability to exercise
23    reasonable care in the safe operation of commuter vans
24    used in for-profit ridesharing arrangements in accordance
25    with such standards as the Secretary of State may

 

 

HB5496- 238 -LRB102 25260 LNS 34533 b

1    prescribe, which standards may require a driving test in a
2    commuter van; and
3        (5) has not been convicted of any of the following
4    offenses within 3 years of the date of application:
5    Sections 11-401 (leaving the scene of a traffic crash
6    accident involving death or personal injury), 11-501
7    (driving under the influence), 11-503 (reckless driving),
8    11-504 (drag racing), and 11-506 (street racing) of this
9    Code, or Sections 9-3 (manslaughter or reckless homicide)
10    and 12-5 (reckless conduct arising from the use of a motor
11    vehicle) of the Criminal Code of 1961 or the Criminal Code
12    of 2012.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-884, eff. 1-1-15.)
 
14    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
15    Sec. 6-107. Graduated license.
16    (a) The purpose of the Graduated Licensing Program is to
17develop safe and mature driving habits in young, inexperienced
18drivers and reduce or prevent motor vehicle crashes accidents,
19fatalities, and injuries by:
20        (1) providing for an increase in the time of practice
21    period before granting permission to obtain a driver's
22    license;
23        (2) strengthening driver licensing and testing
24    standards for persons under the age of 21 years;
25        (3) sanctioning driving privileges of drivers under

 

 

HB5496- 239 -LRB102 25260 LNS 34533 b

1    age 21 who have committed serious traffic violations or
2    other specified offenses; and
3        (4) setting stricter standards to promote the public's
4    health and safety.
5    (b) The application of any person under the age of 18
6years, and not legally emancipated, for a drivers license or
7permit to operate a motor vehicle issued under the laws of this
8State, shall be accompanied by the written consent of either
9parent of the applicant; otherwise by the guardian having
10custody of the applicant, or in the event there is no parent or
11guardian, then by another responsible adult. The written
12consent must accompany any application for a driver's license
13under this subsection (b), regardless of whether or not the
14required written consent also accompanied the person's
15previous application for an instruction permit.
16    No graduated driver's license shall be issued to any
17applicant under 18 years of age, unless the applicant is at
18least 16 years of age and has:
19        (1) Held a valid instruction permit for a minimum of 9
20    months.
21        (2) Passed an approved driver education course and
22    submits proof of having passed the course as may be
23    required.
24        (3) Certification by the parent, legal guardian, or
25    responsible adult that the applicant has had a minimum of
26    50 hours of behind-the-wheel practice time, at least 10

 

 

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1    hours of which have been at night, and is sufficiently
2    prepared and able to safely operate a motor vehicle.
3    (b-1) No graduated driver's license shall be issued to any
4applicant who is under 18 years of age and not legally
5emancipated, unless the applicant has graduated from a
6secondary school of this State or any other state, is enrolled
7in a course leading to a high school equivalency certificate,
8has obtained a high school equivalency certificate, is
9enrolled in an elementary or secondary school or college or
10university of this State or any other state and is not a
11chronic or habitual truant as provided in Section 26-2a of the
12School Code, or is receiving home instruction and submits
13proof of meeting any of those requirements at the time of
14application.
15    An applicant under 18 years of age who provides proof
16acceptable to the Secretary that the applicant has resumed
17regular school attendance or home instruction or that his or
18her application was denied in error shall be eligible to
19receive a graduated license if other requirements are met. The
20Secretary shall adopt rules for implementing this subsection
21(b-1).
22    (c) No graduated driver's license or permit shall be
23issued to any applicant under 18 years of age who has committed
24the offense of operating a motor vehicle without a valid
25license or permit in violation of Section 6-101 of this Code or
26a similar out of state offense and no graduated driver's

 

 

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1license or permit shall be issued to any applicant under 18
2years of age who has committed an offense that would otherwise
3result in a mandatory revocation of a license or permit as
4provided in Section 6-205 of this Code or who has been either
5convicted of or adjudicated a delinquent based upon a
6violation of the Cannabis Control Act, the Illinois Controlled
7Substances Act, the Use of Intoxicating Compounds Act, or the
8Methamphetamine Control and Community Protection Act while
9that individual was in actual physical control of a motor
10vehicle. For purposes of this Section, any person placed on
11probation under Section 10 of the Cannabis Control Act,
12Section 410 of the Illinois Controlled Substances Act, or
13Section 70 of the Methamphetamine Control and Community
14Protection Act shall not be considered convicted. Any person
15found guilty of this offense, while in actual physical control
16of a motor vehicle, shall have an entry made in the court
17record by the judge that this offense did occur while the
18person was in actual physical control of a motor vehicle and
19order the clerk of the court to report the violation to the
20Secretary of State as such.
21    (d) No graduated driver's license shall be issued for 9
22months to any applicant under the age of 18 years who has
23committed and subsequently been convicted of an offense
24against traffic regulations governing the movement of
25vehicles, any violation of this Section or Section 12-603.1 of
26this Code, or who has received a disposition of court

 

 

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1supervision for a violation of Section 6-20 of the Illinois
2Liquor Control Act of 1934 or a similar provision of a local
3ordinance.
4    (e) No graduated driver's license holder under the age of
518 years shall operate any motor vehicle, except a motor
6driven cycle or motorcycle, with more than one passenger in
7the front seat of the motor vehicle and no more passengers in
8the back seats than the number of available seat safety belts
9as set forth in Section 12-603 of this Code. If a graduated
10driver's license holder over the age of 18 committed an
11offense against traffic regulations governing the movement of
12vehicles or any violation of this Section or Section 12-603.1
13of this Code in the 6 months prior to the graduated driver's
14license holder's 18th birthday, and was subsequently convicted
15of the violation, the provisions of this paragraph shall
16continue to apply until such time as a period of 6 consecutive
17months has elapsed without an additional violation and
18subsequent conviction of an offense against traffic
19regulations governing the movement of vehicles or any
20violation of this Section or Section 12-603.1 of this Code.
21    (f) (Blank).
22    (g) If a graduated driver's license holder is under the
23age of 18 when he or she receives the license, for the first 12
24months he or she holds the license or until he or she reaches
25the age of 18, whichever occurs sooner, the graduated license
26holder may not operate a motor vehicle with more than one

 

 

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1passenger in the vehicle who is under the age of 20, unless any
2additional passenger or passengers are siblings,
3step-siblings, children, or stepchildren of the driver. If a
4graduated driver's license holder committed an offense against
5traffic regulations governing the movement of vehicles or any
6violation of this Section or Section 12-603.1 of this Code
7during the first 12 months the license is held and
8subsequently is convicted of the violation, the provisions of
9this paragraph shall remain in effect until such time as a
10period of 6 consecutive months has elapsed without an
11additional violation and subsequent conviction of an offense
12against traffic regulations governing the movement of vehicles
13or any violation of this Section or Section 12-603.1 of this
14Code.
15    (h) It shall be an offense for a person that is age 15, but
16under age 20, to be a passenger in a vehicle operated by a
17driver holding a graduated driver's license during the first
1812 months the driver holds the license or until the driver
19reaches the age of 18, whichever occurs sooner, if another
20passenger under the age of 20 is present, excluding a sibling,
21step-sibling, child, or step-child of the driver.
22    (i) No graduated driver's license shall be issued to any
23applicant under the age of 18 years if the applicant has been
24issued a traffic citation for which a disposition has not been
25rendered at the time of application.
26(Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12;

 

 

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198-168, eff. 1-1-14; 98-718, eff. 1-1-15.)
 
2    (625 ILCS 5/6-107.5)
3    Sec. 6-107.5. Adult Driver Education Course.
4    (a) The Secretary shall establish by rule the curriculum
5and designate the materials to be used in an adult driver
6education course. The course shall be at least 6 hours in
7length and shall include instruction on traffic laws; highway
8signs, signals, and markings that regulate, warn, or direct
9traffic; issues commonly associated with motor vehicle crashes
10accidents including poor decision-making, risk taking,
11impaired driving, distraction, speed, failure to use a safety
12belt, driving at night, failure to yield the right-of-way,
13texting while driving, using wireless communication devices,
14and alcohol and drug awareness; and instruction on law
15enforcement procedures during traffic stops, including actions
16that a motorist should take during a traffic stop and
17appropriate interactions with law enforcement officers. The
18curriculum shall not require the operation of a motor vehicle.
19    (b) The Secretary shall certify course providers. The
20requirements to be a certified course provider, the process
21for applying for certification, and the procedure for
22decertifying a course provider shall be established by rule.
23    (b-5) In order to qualify for certification as an adult
24driver education course provider, each applicant must
25authorize an investigation that includes a fingerprint-based

 

 

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1background check to determine if the applicant has ever been
2convicted of a criminal offense and, if so, the disposition of
3any conviction. This authorization shall indicate the scope of
4the inquiry and the agencies that may be contacted. Upon
5receiving this authorization, the Secretary of State may
6request and receive information and assistance from any
7federal, State, or local governmental agency as part of the
8authorized investigation. Each applicant shall submit his or
9her fingerprints to the Illinois State Police in the form and
10manner prescribed by the Illinois State Police. These
11fingerprints shall be checked against fingerprint records now
12and hereafter filed in the Illinois State Police and Federal
13Bureau of Investigation criminal history record databases. The
14Illinois State Police shall charge applicants a fee for
15conducting the criminal history record check, which shall be
16deposited into the State Police Services Fund and shall not
17exceed the actual cost of the State and national criminal
18history record check. The Illinois State Police shall furnish,
19pursuant to positive identification, records of Illinois
20criminal convictions to the Secretary and shall forward the
21national criminal history record information to the Secretary.
22Applicants shall pay any other fingerprint-related fees.
23Unless otherwise prohibited by law, the information derived
24from the investigation, including the source of the
25information and any conclusions or recommendations derived
26from the information by the Secretary of State, shall be

 

 

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1provided to the applicant upon request to the Secretary of
2State prior to any final action by the Secretary of State on
3the application. Any criminal conviction information obtained
4by the Secretary of State shall be confidential and may not be
5transmitted outside the Office of the Secretary of State,
6except as required by this subsection (b-5), and may not be
7transmitted to anyone within the Office of the Secretary of
8State except as needed for the purpose of evaluating the
9applicant. At any administrative hearing held under Section
102-118 of this Code relating to the denial, cancellation,
11suspension, or revocation of certification of an adult driver
12education course provider, the Secretary of State may utilize
13at that hearing any criminal history, criminal conviction, and
14disposition information obtained under this subsection (b-5).
15The information obtained from the investigation may be
16maintained by the Secretary of State or any agency to which the
17information was transmitted. Only information and standards
18which bear a reasonable and rational relation to the
19performance of providing adult driver education shall be used
20by the Secretary of State. Any employee of the Secretary of
21State who gives or causes to be given away any confidential
22information concerning any criminal convictions or disposition
23of criminal convictions of an applicant shall be guilty of a
24Class A misdemeanor unless release of the information is
25authorized by this Section.
26    (c) The Secretary may permit a course provider to offer

 

 

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1the course online, if the Secretary is satisfied the course
2provider has established adequate procedures for verifying:
3        (1) the identity of the person taking the course
4    online; and
5        (2) the person completes the entire course.
6    (d) The Secretary shall establish a method of electronic
7verification of a student's successful completion of the
8course.
9    (e) The fee charged by the course provider must bear a
10reasonable relationship to the cost of the course. The
11Secretary shall post on the Secretary of State's website a
12list of approved course providers, the fees charged by the
13providers, and contact information for each provider.
14    (f) In addition to any other fee charged by the course
15provider, the course provider shall collect a fee of $5 from
16each student to offset the costs incurred by the Secretary in
17administering this program. The $5 shall be submitted to the
18Secretary within 14 days of the day on which it was collected.
19All such fees received by the Secretary shall be deposited in
20the Secretary of State Driver Services Administration Fund.
21(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
22revised 10-12-21.)
 
23    (625 ILCS 5/6-108.1)
24    Sec. 6-108.1. Notice to Secretary; denial of license;
25persons under 18.

 

 

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1    (a) The State's Attorney must notify the Secretary of the
2charges pending against any person younger than 18 years of
3age who has been charged with a violation of this Code, the
4Criminal Code of 2012, or the Criminal Code of 1961 arising out
5of a crash an accident in which the person was involved as a
6driver and that caused the death of or a type A injury to
7another person. A "type A injury" includes severely bleeding
8wounds, distorted extremities, and injuries that require the
9injured party to be carried from the scene. The State's
10Attorney must notify the Secretary on a form prescribed by the
11Secretary.
12    (b) The Secretary, upon receiving notification from the
13State's Attorney, may deny any driver's license to any person
14younger than 18 years of age against whom the charges are
15pending.
16    (c) The State's Attorney must notify the Secretary of the
17final disposition of the case of any person who has been denied
18a driver's license under subsection (b).
19    (d) The Secretary must adopt rules for implementing this
20Section.
21(Source: P.A. 97-1150, eff. 1-25-13.)
 
22    (625 ILCS 5/6-113)  (from Ch. 95 1/2, par. 6-113)
23    Sec. 6-113. Restricted licenses and permits.
24    (a) The Secretary of State upon issuing a drivers license
25or permit shall have the authority whenever good cause appears

 

 

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1to impose restrictions suitable to the licensee's driving
2ability with respect to the type of, or special mechanical
3control devices required on, a motor vehicle which the
4licensee may operate or such other restrictions applicable to
5the licensee as the Secretary of State may determine to be
6appropriate to assure the safe operation of a motor vehicle by
7the licensee.
8    (b) The Secretary of State may either issue a special
9restricted license or permit or may set forth such
10restrictions upon the usual license or permit form.
11    (c) The Secretary of State may issue a probationary
12license to a person whose driving privileges have been
13suspended pursuant to subsection (d) of this Section or
14subsection (a)(2) of Section 6-206 of this Code. This
15subsection (c) does not apply to any driver required to
16possess a CDL for the purpose of operating a commercial motor
17vehicle. The Secretary of State shall promulgate rules
18pursuant to the Illinois Administrative Procedure Act, setting
19forth the conditions and criteria for the issuance and
20cancellation of probationary licenses.
21    (d) The Secretary of State may upon receiving satisfactory
22evidence of any violation of the restrictions of such license
23or permit suspend, revoke or cancel the same without
24preliminary hearing, but the licensee or permittee shall be
25entitled to a hearing as in the case of a suspension or
26revocation.

 

 

HB5496- 250 -LRB102 25260 LNS 34533 b

1    (e) It is unlawful for any person to operate a motor
2vehicle in any manner in violation of the restrictions imposed
3on a restricted license or permit issued to him.
4    (f) Whenever the holder of a restricted driving permit is
5issued a citation for any of the following offenses including
6similar local ordinances, the restricted driving permit is
7immediately invalidated:
8        1. Reckless homicide resulting from the operation of a
9    motor vehicle;
10        2. Violation of Section 11-501 of this Act relating to
11    the operation of a motor vehicle while under the influence
12    of intoxicating liquor or narcotic drugs;
13        3. Violation of Section 11-401 of this Act relating to
14    the offense of leaving the scene of a traffic crash
15    accident involving death or injury;
16        4. Violation of Section 11-504 of this Act relating to
17    the offense of drag racing; or
18        5. Violation of Section 11-506 of this Act relating to
19    the offense of street racing.
20    The police officer issuing the citation shall confiscate
21the restricted driving permit and forward it, along with the
22citation, to the Clerk of the Circuit Court of the county in
23which the citation was issued.
24    (g) The Secretary of State may issue a special restricted
25license for a period of 48 months to individuals using vision
26aid arrangements other than standard eyeglasses or contact

 

 

HB5496- 251 -LRB102 25260 LNS 34533 b

1lenses, allowing the operation of a motor vehicle during
2nighttime hours. The Secretary of State shall adopt rules
3defining the terms and conditions by which the individual may
4obtain and renew this special restricted license. At a
5minimum, all drivers must meet the following requirements:
6        1. Possess a valid driver's license and have operated
7    a motor vehicle during daylight hours for a period of 12
8    months using vision aid arrangements other than standard
9    eyeglasses or contact lenses.
10        2. Have a driving record that does not include any
11    traffic crashes accidents that occurred during nighttime
12    hours, for which the driver has been found to be at fault,
13    during the 12 months before he or she applied for the
14    special restricted license.
15        3. Successfully complete a road test administered
16    during nighttime hours.
17    The special restricted license holder must submit to the
18Secretary annually a vision specialist report from his or her
19ophthalmologist or optometrist that the special restricted
20license holder's vision has not changed. If the special
21restricted license holder fails to submit this vision
22specialist report, the special restricted license shall be
23cancelled under Section 6-201 of this Code.
24    At a minimum, all drivers renewing this license must meet
25the following requirements:
26        1. Successfully complete a road test administered

 

 

HB5496- 252 -LRB102 25260 LNS 34533 b

1    during nighttime hours.
2        2. Have a driving record that does not include any
3    traffic crashes accidents that occurred during nighttime
4    hours, for which the driver has been found to be at fault,
5    during the 12 months before he or she applied for the
6    special restricted license.
7    (h) Any driver issued a special restricted license as
8defined in subsection (g) whose privilege to drive during
9nighttime hours has been suspended due to a crash an accident
10occurring during nighttime hours may request a hearing as
11provided in Section 2-118 of this Code to contest that
12suspension. If it is determined that the crash accident for
13which the driver was at fault was not influenced by the
14driver's use of vision aid arrangements other than standard
15eyeglasses or contact lenses, the Secretary may reinstate that
16driver's privilege to drive during nighttime hours.
17    (i) The Secretary of State may issue a special restricted
18training permit for a period of 6 months to individuals using
19vision aid arrangements other than standard eyeglasses or
20contact lenses, allowing the operation of a motor vehicle
21between sunset and 10:00 p.m. provided the driver is
22accompanied by a person holding a valid driver's license
23without nighttime operation restrictions. The Secretary may
24adopt rules defining the terms and conditions by which the
25individual may obtain and renew this special restricted
26training permit. At a minimum, all persons applying for a

 

 

HB5496- 253 -LRB102 25260 LNS 34533 b

1special restricted training permit must meet the following
2requirements:
3        1. Possess a valid driver's license and have operated
4    a motor vehicle during daylight hours for a period of 6
5    months using vision aid arrangements other than standard
6    eyeglasses or contact lenses.
7        2. Have a driving record that does not include any
8    traffic crashes accidents, for which the person has been
9    found to be at fault, during the 6 months before he or she
10    applied for the special restricted training permit.
11    (j) Whenever the Secretary of State has issued an
12administrative order requiring an individual to use an
13ignition interlock device after his or her driver's license
14has been reinstated, that individual shall be issued a
15driver's license containing the ignition interlock device
16restriction. The administrative order shall set forth the
17duration of the restriction and any other applicable terms and
18conditions.
19(Source: P.A. 98-746, eff. 1-1-15; 98-747, eff. 1-1-15; 99-78,
20eff. 7-20-15; 99-289, eff. 8-6-15.)
 
21    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
22    Sec. 6-117. Records to be kept by the Secretary of State.
23    (a) The Secretary of State shall file every application
24for a license or permit accepted under this Chapter, and shall
25maintain suitable indexes thereof. The records of the

 

 

HB5496- 254 -LRB102 25260 LNS 34533 b

1Secretary of State shall indicate the action taken with
2respect to such applications.
3    (b) The Secretary of State shall maintain appropriate
4records of all licenses and permits refused, cancelled,
5disqualified, revoked, or suspended and of the revocation,
6suspension, and disqualification of driving privileges of
7persons not licensed under this Chapter, and such records
8shall note the reasons for such action.
9    (c) The Secretary of State shall maintain appropriate
10records of convictions reported under this Chapter. Records of
11conviction may be maintained in a computer processible medium.
12    (d) The Secretary of State may also maintain appropriate
13records of any crash accident reports received.
14    (e) The Secretary of State shall also maintain appropriate
15records of any disposition of supervision or records relative
16to a driver's referral to a driver remedial or rehabilitative
17program, as required by the Secretary of State or the courts.
18Such records shall only be available for use by the Secretary,
19the driver licensing administrator of any other state, law
20enforcement agencies, the courts, and the affected driver or,
21upon proper verification, such affected driver's attorney.
22    (f) The Secretary of State shall also maintain or contract
23to maintain appropriate records of all photographs and
24signatures obtained in the process of issuing any driver's
25license, permit, or identification card. The record shall be
26confidential and shall not be disclosed except to those

 

 

HB5496- 255 -LRB102 25260 LNS 34533 b

1entities listed under Section 6-110.1 of this Code.
2    (g) The Secretary of State may establish a First Person
3Consent organ and tissue donor registry in compliance with
4subsection (b-1) of Section 5-20 of the Illinois Anatomical
5Gift Act, as follows:
6        (1) The Secretary shall offer, to each applicant for
7    issuance or renewal of a driver's license or
8    identification card who is 16 years of age or older, the
9    opportunity to have his or her name included in the First
10    Person Consent organ and tissue donor registry. The
11    Secretary must advise the applicant or licensee that he or
12    she is under no compulsion to have his or her name included
13    in the registry. An individual who agrees to having his or
14    her name included in the First Person Consent organ and
15    tissue donor registry has given full legal consent to the
16    donation of any of his or her organs or tissue upon his or
17    her death. A brochure explaining this method of executing
18    an anatomical gift must be given to each applicant for
19    issuance or renewal of a driver's license or
20    identification card. The brochure must advise the
21    applicant or licensee (i) that he or she is under no
22    compulsion to have his or her name included in this
23    registry and (ii) that he or she may wish to consult with
24    family, friends, or clergy before doing so.
25        (2) The Secretary of State may establish additional
26    methods by which an individual may have his or her name

 

 

HB5496- 256 -LRB102 25260 LNS 34533 b

1    included in the First Person Consent organ and tissue
2    donor registry.
3        (3) When an individual has agreed to have his or her
4    name included in the First Person Consent organ and tissue
5    donor registry, the Secretary of State shall note that
6    agreement in the First Person consent organ and tissue
7    donor registry. Representatives of federally designated
8    organ procurement agencies and tissue banks and the
9    offices of Illinois county coroners and medical examiners
10    may inquire of the Secretary of State whether a potential
11    organ donor's name is included in the First Person Consent
12    organ and tissue donor registry, and the Secretary of
13    State may provide that information to the representative.
14        (4) An individual may withdraw his or her consent to
15    be listed in the First Person Consent organ and tissue
16    donor registry maintained by the Secretary of State by
17    notifying the Secretary of State in writing, or by any
18    other means approved by the Secretary, of the individual's
19    decision to have his or her name removed from the
20    registry.
21        (5) The Secretary of State may undertake additional
22    efforts, including education and awareness activities, to
23    promote organ and tissue donation.
24        (6) In the absence of gross negligence or willful
25    misconduct, the Secretary of State and his or her
26    employees are immune from any civil or criminal liability

 

 

HB5496- 257 -LRB102 25260 LNS 34533 b

1    in connection with an individual's consent to be listed in
2    the organ and tissue donor registry.
3(Source: P.A. 100-41, eff. 1-1-18.)
 
4    (625 ILCS 5/6-117.2)
5    Sec. 6-117.2. Emergency contact database.
6    (a) The Secretary of State shall establish a database of
7the emergency contacts of persons who hold a driver's license,
8instruction permit, or any other type of driving permit issued
9by the Secretary of State. Information in the database shall
10be accessible only to employees of the Office of the Secretary
11and law enforcement officers employed by a law enforcement
12agency. Law enforcement officers may share information
13contained in the emergency contact database, including
14disabilities and special needs information, with other public
15safety workers on scene, as needed to conduct official law
16enforcement duties.
17    (b) Any person holding a driver's license, instruction
18permit, or any other type of driving permit issued by the
19Secretary of State shall be afforded the opportunity to
20provide the Secretary of State, in a manner and form
21designated by the Secretary of State, the name, address,
22telephone number, and relationship to the holder of no more
23than 2 emergency contact persons whom the holder wishes to be
24contacted by a law enforcement officer if the holder is
25involved in a motor vehicle crash accident or other emergency

 

 

HB5496- 258 -LRB102 25260 LNS 34533 b

1situation and the holder is unable to communicate with the
2contact person or persons and may designate whether the holder
3has a disability or is a special needs individual. A contact
4person need not be the holder's next of kin.
5    (c) The Secretary shall adopt rules to implement this
6Section. At a minimum, the rules shall address all of the
7following:
8        (1) the method whereby a holder may provide the
9    Secretary of State with emergency contact, disability, and
10    special needs information;
11        (2) the method whereby a holder may provide the
12    Secretary of State with a change to the emergency contact,
13    disability, and special needs information; and
14        (3) any other aspect of the database or its operation
15    that the Secretary determines is necessary to implement
16    this Section.
17    (d) If a person involved in a motor vehicle crash accident
18or other emergency situation is unable to communicate with the
19contact person or persons specified in the database, a law
20enforcement officer shall make a good faith effort to notify
21the contact person or persons of the situation. Neither the
22law enforcement officer nor the law enforcement agency that
23employs that law enforcement officer incurs any liability,
24however, if the law enforcement officer is not able to make
25contact with the contact person. Except for willful or wanton
26misconduct, neither the law enforcement officer, nor the law

 

 

HB5496- 259 -LRB102 25260 LNS 34533 b

1enforcement agency that employs the law enforcement officer,
2shall incur any liability relating to the reporting or use of
3the database during a motor vehicle crash accident or other
4emergency situation.
5    (e) The Secretary of State shall make a good faith effort
6to maintain accurate data as provided by the driver's license
7or instruction permit holder and to provide that information
8to law enforcement as provided in subsection (a). The
9Secretary of State is not liable for any damages, costs, or
10expenses, including, without limitation, consequential
11damages, arising or resulting from any inaccurate or
12incomplete data or system unavailability. Except for willful
13or wanton misconduct, the Secretary of State shall not incur
14any liability relating to the reporting of disabilities or
15special needs individuals.
16    (f) As used in this Section:
17    "Disability" means an individual's physical or mental
18impairment that substantially limits one or more of the major
19life activities; a record of such impairment; or when the
20individual is regarded as having such impairment.
21    "Public safety worker" means a person employed by this
22State or a political subdivision thereof that provides
23firefighting, law enforcement, medical or other emergency
24services.
25    "Special needs individuals" means those individuals who
26have or are at increased risk for a chronic physical,

 

 

HB5496- 260 -LRB102 25260 LNS 34533 b

1developmental, behavioral, or emotional condition and who also
2require health and related services of a type or amount beyond
3that required by individuals generally.
4(Source: P.A. 95-898, eff. 7-1-09; 96-1168, eff. 1-1-11.)
 
5    (625 ILCS 5/6-201)
6    Sec. 6-201. Authority to cancel licenses and permits.
7    (a) The Secretary of State is authorized to cancel any
8license or permit upon determining that the holder thereof:
9        1. was not entitled to the issuance thereof hereunder;
10    or
11        2. failed to give the required or correct information
12    in his application; or
13        3. failed to pay any fees owed to the Secretary of
14    State under this Code for the license or permit; or
15        4. committed any fraud in the making of such
16    application; or
17        5. is ineligible therefor under the provisions of
18    Section 6-103 of this Act, as amended; or
19        6. has refused or neglected to submit an alcohol,
20    drug, and intoxicating compound evaluation or to submit to
21    examination or re-examination as required under this Act;
22    or
23        7. has been convicted of violating the Cannabis
24    Control Act, the Illinois Controlled Substances Act, the
25    Methamphetamine Control and Community Protection Act, or

 

 

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1    the Use of Intoxicating Compounds Act while that
2    individual was in actual physical control of a motor
3    vehicle. For purposes of this Section, any person placed
4    on probation under Section 10 of the Cannabis Control Act,
5    Section 410 of the Illinois Controlled Substances Act, or
6    Section 70 of the Methamphetamine Control and Community
7    Protection Act shall not be considered convicted. Any
8    person found guilty of this offense, while in actual
9    physical control of a motor vehicle, shall have an entry
10    made in the court record by the judge that this offense did
11    occur while the person was in actual physical control of a
12    motor vehicle and order the clerk of the court to report
13    the violation to the Secretary of State as such. After the
14    cancellation, the Secretary of State shall not issue a new
15    license or permit for a period of one year after the date
16    of cancellation. However, upon application, the Secretary
17    of State may, if satisfied that the person applying will
18    not endanger the public safety, or welfare, issue a
19    restricted driving permit granting the privilege of
20    driving a motor vehicle between the petitioner's residence
21    and petitioner's place of employment or within the scope
22    of the petitioner's employment related duties, or to allow
23    transportation for the petitioner or a household member of
24    the petitioner's family for the receipt of necessary
25    medical care, or provide transportation for the petitioner
26    to and from alcohol or drug remedial or rehabilitative

 

 

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1    activity recommended by a licensed service provider, or
2    for the petitioner to attend classes, as a student, in an
3    accredited educational institution. The petitioner must
4    demonstrate that no alternative means of transportation is
5    reasonably available; provided that the Secretary's
6    discretion shall be limited to cases where undue hardship,
7    as defined by the rules of the Secretary of State, would
8    result from a failure to issue such restricted driving
9    permit. In each case the Secretary of State may issue such
10    restricted driving permit for such period as he deems
11    appropriate, except that such permit shall expire no later
12    than 2 years from the date of issuance. A restricted
13    driving permit issued hereunder shall be subject to
14    cancellation, revocation and suspension by the Secretary
15    of State in like manner and for like cause as a driver's
16    license issued hereunder may be cancelled, revoked or
17    suspended; except that a conviction upon one or more
18    offenses against laws or ordinances regulating the
19    movement of traffic shall be deemed sufficient cause for
20    the revocation, suspension or cancellation of a restricted
21    driving permit. The Secretary of State may, as a condition
22    to the issuance of a restricted driving permit, require
23    the applicant to participate in a driver remedial or
24    rehabilitative program. In accordance with 49 C.F.R. 384,
25    the Secretary of State may not issue a restricted driving
26    permit for the operation of a commercial motor vehicle to

 

 

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1    a person holding a CDL whose driving privileges have been
2    revoked, suspended, cancelled, or disqualified under this
3    Code; or
4        8. failed to submit a report as required by Section
5    6-116.5 of this Code; or
6        9. has been convicted of a sex offense as defined in
7    the Sex Offender Registration Act. The driver's license
8    shall remain cancelled until the driver registers as a sex
9    offender as required by the Sex Offender Registration Act,
10    proof of the registration is furnished to the Secretary of
11    State and the sex offender provides proof of current
12    address to the Secretary; or
13        10. is ineligible for a license or permit under
14    Section 6-107, 6-107.1, or 6-108 of this Code; or
15        11. refused or neglected to appear at a Driver
16    Services facility to have the license or permit corrected
17    and a new license or permit issued or to present
18    documentation for verification of identity; or
19        12. failed to submit a medical examiner's certificate
20    or medical variance as required by 49 C.F.R. 383.71 or
21    submitted a fraudulent medical examiner's certificate or
22    medical variance; or
23        13. has had his or her medical examiner's certificate,
24    medical variance, or both removed or rescinded by the
25    Federal Motor Carrier Safety Administration; or
26        14. failed to self-certify as to the type of driving

 

 

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1    in which the CDL driver engages or expects to engage; or
2        15. has submitted acceptable documentation indicating
3    out-of-state residency to the Secretary of State to be
4    released from the requirement of showing proof of
5    financial responsibility in this State; or
6        16. was convicted of fraud relating to the testing or
7    issuance of a CDL or CLP, in which case only the CDL or CLP
8    shall be cancelled. After cancellation, the Secretary
9    shall not issue a CLP or CDL for a period of one year from
10    the date of cancellation; or
11        17. has a special restricted license under subsection
12    (g) of Section 6-113 of this Code and failed to submit the
13    required annual vision specialist report that the special
14    restricted license holder's vision has not changed; or
15        18. has a special restricted license under subsection
16    (g) of Section 6-113 of this Code and was convicted or
17    received court supervision for a violation of this Code
18    that occurred during nighttime hours or was involved in a
19    motor vehicle crash accident during nighttime hours in
20    which the restricted license holder was at fault; or
21        19. has assisted an out-of-state resident in acquiring
22    an Illinois driver's license or identification card by
23    providing or allowing the out-of-state resident to use his
24    or her Illinois address of residence and is complicit in
25    distributing and forwarding the Illinois driver's license
26    or identification card to the out-of-state resident.

 

 

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1    (b) Upon such cancellation the licensee or permittee must
2surrender the license or permit so cancelled to the Secretary
3of State.
4    (c) Except as provided in Sections 6-206.1 and 7-702.1,
5the Secretary of State shall have exclusive authority to
6grant, issue, deny, cancel, suspend and revoke driving
7privileges, drivers' licenses and restricted driving permits.
8    (d) The Secretary of State may adopt rules to implement
9this Section.
10(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19;
11101-623, eff. 7-1-20.)
 
12    (625 ILCS 5/6-205)
13    Sec. 6-205. Mandatory revocation of license or permit;
14hardship cases.
15    (a) Except as provided in this Section, the Secretary of
16State shall immediately revoke the license, permit, or driving
17privileges of any driver upon receiving a report of the
18driver's conviction of any of the following offenses:
19        1. Reckless homicide resulting from the operation of a
20    motor vehicle;
21        2. Violation of Section 11-501 of this Code or a
22    similar provision of a local ordinance relating to the
23    offense of operating or being in physical control of a
24    vehicle while under the influence of alcohol, other drug
25    or drugs, intoxicating compound or compounds, or any

 

 

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1    combination thereof;
2        3. Any felony under the laws of any State or the
3    federal government in the commission of which a motor
4    vehicle was used;
5        4. Violation of Section 11-401 of this Code relating
6    to the offense of leaving the scene of a traffic crash
7    accident involving death or personal injury;
8        5. Perjury or the making of a false affidavit or
9    statement under oath to the Secretary of State under this
10    Code or under any other law relating to the ownership or
11    operation of motor vehicles;
12        6. Conviction upon 3 charges of violation of Section
13    11-503 of this Code relating to the offense of reckless
14    driving committed within a period of 12 months;
15        7. Conviction of any offense defined in Section 4-102
16    of this Code if the person exercised actual physical
17    control over the vehicle during the commission of the
18    offense;
19        8. Violation of Section 11-504 of this Code relating
20    to the offense of drag racing;
21        9. Violation of Chapters 8 and 9 of this Code;
22        10. Violation of Section 12-5 of the Criminal Code of
23    1961 or the Criminal Code of 2012 arising from the use of a
24    motor vehicle;
25        11. Violation of Section 11-204.1 of this Code
26    relating to aggravated fleeing or attempting to elude a

 

 

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1    peace officer;
2        12. Violation of paragraph (1) of subsection (b) of
3    Section 6-507, or a similar law of any other state,
4    relating to the unlawful operation of a commercial motor
5    vehicle;
6        13. Violation of paragraph (a) of Section 11-502 of
7    this Code or a similar provision of a local ordinance if
8    the driver has been previously convicted of a violation of
9    that Section or a similar provision of a local ordinance
10    and the driver was less than 21 years of age at the time of
11    the offense;
12        14. Violation of paragraph (a) of Section 11-506 of
13    this Code or a similar provision of a local ordinance
14    relating to the offense of street racing;
15        15. A second or subsequent conviction of driving while
16    the person's driver's license, permit or privileges was
17    revoked for reckless homicide or a similar out-of-state
18    offense;
19        16. Any offense against any provision in this Code, or
20    any local ordinance, regulating the movement of traffic
21    when that offense was the proximate cause of the death of
22    any person. Any person whose driving privileges have been
23    revoked pursuant to this paragraph may seek to have the
24    revocation terminated or to have the length of revocation
25    reduced by requesting an administrative hearing with the
26    Secretary of State prior to the projected driver's license

 

 

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1    application eligibility date;
2        17. Violation of subsection (a-2) of Section 11-1301.3
3    of this Code or a similar provision of a local ordinance;
4        18. A second or subsequent conviction of illegal
5    possession, while operating or in actual physical control,
6    as a driver, of a motor vehicle, of any controlled
7    substance prohibited under the Illinois Controlled
8    Substances Act, any cannabis prohibited under the Cannabis
9    Control Act, or any methamphetamine prohibited under the
10    Methamphetamine Control and Community Protection Act. A
11    defendant found guilty of this offense while operating a
12    motor vehicle shall have an entry made in the court record
13    by the presiding judge that this offense did occur while
14    the defendant was operating a motor vehicle and order the
15    clerk of the court to report the violation to the
16    Secretary of State;
17        19. Violation of subsection (a) of Section 11-1414 of
18    this Code, or a similar provision of a local ordinance,
19    relating to the offense of overtaking or passing of a
20    school bus when the driver, in committing the violation,
21    is involved in a motor vehicle crash accident that results
22    in death to another and the violation is a proximate cause
23    of the death.
24    (b) The Secretary of State shall also immediately revoke
25the license or permit of any driver in the following
26situations:

 

 

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1        1. Of any minor upon receiving the notice provided for
2    in Section 5-901 of the Juvenile Court Act of 1987 that the
3    minor has been adjudicated under that Act as having
4    committed an offense relating to motor vehicles prescribed
5    in Section 4-103 of this Code;
6        2. Of any person when any other law of this State
7    requires either the revocation or suspension of a license
8    or permit;
9        3. Of any person adjudicated under the Juvenile Court
10    Act of 1987 based on an offense determined to have been
11    committed in furtherance of the criminal activities of an
12    organized gang as provided in Section 5-710 of that Act,
13    and that involved the operation or use of a motor vehicle
14    or the use of a driver's license or permit. The revocation
15    shall remain in effect for the period determined by the
16    court.
17    (c)(1) Whenever a person is convicted of any of the
18offenses enumerated in this Section, the court may recommend
19and the Secretary of State in his discretion, without regard
20to whether the recommendation is made by the court may, upon
21application, issue to the person a restricted driving permit
22granting the privilege of driving a motor vehicle between the
23petitioner's residence and petitioner's place of employment or
24within the scope of the petitioner's employment related
25duties, or to allow the petitioner to transport himself or
26herself or a family member of the petitioner's household to a

 

 

HB5496- 270 -LRB102 25260 LNS 34533 b

1medical facility for the receipt of necessary medical care or
2to allow the petitioner to transport himself or herself to and
3from alcohol or drug remedial or rehabilitative activity
4recommended by a licensed service provider, or to allow the
5petitioner to transport himself or herself or a family member
6of the petitioner's household to classes, as a student, at an
7accredited educational institution, or to allow the petitioner
8to transport children, elderly persons, or persons with
9disabilities who do not hold driving privileges and are living
10in the petitioner's household to and from daycare; if the
11petitioner is able to demonstrate that no alternative means of
12transportation is reasonably available and that the petitioner
13will not endanger the public safety or welfare; provided that
14the Secretary's discretion shall be limited to cases where
15undue hardship, as defined by the rules of the Secretary of
16State, would result from a failure to issue the restricted
17driving permit.
18    (1.5) A person subject to the provisions of paragraph 4 of
19subsection (b) of Section 6-208 of this Code may make
20application for a restricted driving permit at a hearing
21conducted under Section 2-118 of this Code after the
22expiration of 5 years from the effective date of the most
23recent revocation, or after 5 years from the date of release
24from a period of imprisonment resulting from a conviction of
25the most recent offense, whichever is later, provided the
26person, in addition to all other requirements of the

 

 

HB5496- 271 -LRB102 25260 LNS 34533 b

1Secretary, shows by clear and convincing evidence:
2        (A) a minimum of 3 years of uninterrupted abstinence
3    from alcohol and the unlawful use or consumption of
4    cannabis under the Cannabis Control Act, a controlled
5    substance under the Illinois Controlled Substances Act, an
6    intoxicating compound under the Use of Intoxicating
7    Compounds Act, or methamphetamine under the
8    Methamphetamine Control and Community Protection Act; and
9        (B) the successful completion of any rehabilitative
10    treatment and involvement in any ongoing rehabilitative
11    activity that may be recommended by a properly licensed
12    service provider according to an assessment of the
13    person's alcohol or drug use under Section 11-501.01 of
14    this Code.
15    In determining whether an applicant is eligible for a
16restricted driving permit under this paragraph (1.5), the
17Secretary may consider any relevant evidence, including, but
18not limited to, testimony, affidavits, records, and the
19results of regular alcohol or drug tests. Persons subject to
20the provisions of paragraph 4 of subsection (b) of Section
216-208 of this Code and who have been convicted of more than one
22violation of paragraph (3), paragraph (4), or paragraph (5) of
23subsection (a) of Section 11-501 of this Code shall not be
24eligible to apply for a restricted driving permit.
25    A restricted driving permit issued under this paragraph
26(1.5) shall provide that the holder may only operate motor

 

 

HB5496- 272 -LRB102 25260 LNS 34533 b

1vehicles equipped with an ignition interlock device as
2required under paragraph (2) of subsection (c) of this Section
3and subparagraph (A) of paragraph 3 of subsection (c) of
4Section 6-206 of this Code. The Secretary may revoke a
5restricted driving permit or amend the conditions of a
6restricted driving permit issued under this paragraph (1.5) if
7the holder operates a vehicle that is not equipped with an
8ignition interlock device, or for any other reason authorized
9under this Code.
10    A restricted driving permit issued under this paragraph
11(1.5) shall be revoked, and the holder barred from applying
12for or being issued a restricted driving permit in the future,
13if the holder is subsequently convicted of a violation of
14Section 11-501 of this Code, a similar provision of a local
15ordinance, or a similar offense in another state.
16    (2) If a person's license or permit is revoked or
17suspended due to 2 or more convictions of violating Section
1811-501 of this Code or a similar provision of a local ordinance
19or a similar out-of-state offense, or Section 9-3 of the
20Criminal Code of 1961 or the Criminal Code of 2012, where the
21use of alcohol or other drugs is recited as an element of the
22offense, or a similar out-of-state offense, or a combination
23of these offenses, arising out of separate occurrences, that
24person, if issued a restricted driving permit, may not operate
25a vehicle unless it has been equipped with an ignition
26interlock device as defined in Section 1-129.1.

 

 

HB5496- 273 -LRB102 25260 LNS 34533 b

1    (3) If:
2        (A) a person's license or permit is revoked or
3    suspended 2 or more times due to any combination of:
4            (i) a single conviction of violating Section
5        11-501 of this Code or a similar provision of a local
6        ordinance or a similar out-of-state offense, or
7        Section 9-3 of the Criminal Code of 1961 or the
8        Criminal Code of 2012, where the use of alcohol or
9        other drugs is recited as an element of the offense, or
10        a similar out-of-state offense; or
11            (ii) a statutory summary suspension or revocation
12        under Section 11-501.1; or
13            (iii) a suspension pursuant to Section 6-203.1;
14    arising out of separate occurrences; or
15        (B) a person has been convicted of one violation of
16    subparagraph (C) or (F) of paragraph (1) of subsection (d)
17    of Section 11-501 of this Code, Section 9-3 of the
18    Criminal Code of 1961 or the Criminal Code of 2012,
19    relating to the offense of reckless homicide where the use
20    of alcohol or other drugs was recited as an element of the
21    offense, or a similar provision of a law of another state;
22that person, if issued a restricted driving permit, may not
23operate a vehicle unless it has been equipped with an ignition
24interlock device as defined in Section 1-129.1.
25    (4) The person issued a permit conditioned on the use of an
26ignition interlock device must pay to the Secretary of State

 

 

HB5496- 274 -LRB102 25260 LNS 34533 b

1DUI Administration Fund an amount not to exceed $30 per month.
2The Secretary shall establish by rule the amount and the
3procedures, terms, and conditions relating to these fees.
4    (5) If the restricted driving permit is issued for
5employment purposes, then the prohibition against operating a
6motor vehicle that is not equipped with an ignition interlock
7device does not apply to the operation of an occupational
8vehicle owned or leased by that person's employer when used
9solely for employment purposes. For any person who, within a
105-year period, is convicted of a second or subsequent offense
11under Section 11-501 of this Code, or a similar provision of a
12local ordinance or similar out-of-state offense, this
13employment exemption does not apply until either a one-year
14period has elapsed during which that person had his or her
15driving privileges revoked or a one-year period has elapsed
16during which that person had a restricted driving permit which
17required the use of an ignition interlock device on every
18motor vehicle owned or operated by that person.
19    (6) In each case the Secretary of State may issue a
20restricted driving permit for a period he deems appropriate,
21except that the permit shall expire no later than 2 years from
22the date of issuance. A restricted driving permit issued under
23this Section shall be subject to cancellation, revocation, and
24suspension by the Secretary of State in like manner and for
25like cause as a driver's license issued under this Code may be
26cancelled, revoked, or suspended; except that a conviction

 

 

HB5496- 275 -LRB102 25260 LNS 34533 b

1upon one or more offenses against laws or ordinances
2regulating the movement of traffic shall be deemed sufficient
3cause for the revocation, suspension, or cancellation of a
4restricted driving permit. The Secretary of State may, as a
5condition to the issuance of a restricted driving permit,
6require the petitioner to participate in a designated driver
7remedial or rehabilitative program. The Secretary of State is
8authorized to cancel a restricted driving permit if the permit
9holder does not successfully complete the program. However, if
10an individual's driving privileges have been revoked in
11accordance with paragraph 13 of subsection (a) of this
12Section, no restricted driving permit shall be issued until
13the individual has served 6 months of the revocation period.
14    (c-5) (Blank).
15    (c-6) If a person is convicted of a second violation of
16operating a motor vehicle while the person's driver's license,
17permit or privilege was revoked, where the revocation was for
18a violation of Section 9-3 of the Criminal Code of 1961 or the
19Criminal Code of 2012 relating to the offense of reckless
20homicide or a similar out-of-state offense, the person's
21driving privileges shall be revoked pursuant to subdivision
22(a)(15) of this Section. The person may not make application
23for a license or permit until the expiration of five years from
24the effective date of the revocation or the expiration of five
25years from the date of release from a term of imprisonment,
26whichever is later.

 

 

HB5496- 276 -LRB102 25260 LNS 34533 b

1    (c-7) If a person is convicted of a third or subsequent
2violation of operating a motor vehicle while the person's
3driver's license, permit or privilege was revoked, where the
4revocation was for a violation of Section 9-3 of the Criminal
5Code of 1961 or the Criminal Code of 2012 relating to the
6offense of reckless homicide or a similar out-of-state
7offense, the person may never apply for a license or permit.
8    (d)(1) Whenever a person under the age of 21 is convicted
9under Section 11-501 of this Code or a similar provision of a
10local ordinance or a similar out-of-state offense, the
11Secretary of State shall revoke the driving privileges of that
12person. One year after the date of revocation, and upon
13application, the Secretary of State may, if satisfied that the
14person applying will not endanger the public safety or
15welfare, issue a restricted driving permit granting the
16privilege of driving a motor vehicle only between the hours of
175 a.m. and 9 p.m. or as otherwise provided by this Section for
18a period of one year. After this one-year period, and upon
19reapplication for a license as provided in Section 6-106, upon
20payment of the appropriate reinstatement fee provided under
21paragraph (b) of Section 6-118, the Secretary of State, in his
22discretion, may reinstate the petitioner's driver's license
23and driving privileges, or extend the restricted driving
24permit as many times as the Secretary of State deems
25appropriate, by additional periods of not more than 24 months
26each.

 

 

HB5496- 277 -LRB102 25260 LNS 34533 b

1        (2) If a person's license or permit is revoked or
2    suspended due to 2 or more convictions of violating
3    Section 11-501 of this Code or a similar provision of a
4    local ordinance or a similar out-of-state offense, or
5    Section 9-3 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, where the use of alcohol or other drugs is
7    recited as an element of the offense, or a similar
8    out-of-state offense, or a combination of these offenses,
9    arising out of separate occurrences, that person, if
10    issued a restricted driving permit, may not operate a
11    vehicle unless it has been equipped with an ignition
12    interlock device as defined in Section 1-129.1.
13        (3) If a person's license or permit is revoked or
14    suspended 2 or more times due to any combination of:
15            (A) a single conviction of violating Section
16        11-501 of this Code or a similar provision of a local
17        ordinance or a similar out-of-state offense, or
18        Section 9-3 of the Criminal Code of 1961 or the
19        Criminal Code of 2012, where the use of alcohol or
20        other drugs is recited as an element of the offense, or
21        a similar out-of-state offense; or
22            (B) a statutory summary suspension or revocation
23        under Section 11-501.1; or
24            (C) a suspension pursuant to Section 6-203.1;
25    arising out of separate occurrences, that person, if
26    issued a restricted driving permit, may not operate a

 

 

HB5496- 278 -LRB102 25260 LNS 34533 b

1    vehicle unless it has been equipped with an ignition
2    interlock device as defined in Section 1-129.1.
3        (3.5) If a person's license or permit is revoked or
4    suspended due to a conviction for a violation of
5    subparagraph (C) or (F) of paragraph (1) of subsection (d)
6    of Section 11-501 of this Code, or a similar provision of a
7    local ordinance or similar out-of-state offense, that
8    person, if issued a restricted driving permit, may not
9    operate a vehicle unless it has been equipped with an
10    ignition interlock device as defined in Section 1-129.1.
11        (4) The person issued a permit conditioned upon the
12    use of an interlock device must pay to the Secretary of
13    State DUI Administration Fund an amount not to exceed $30
14    per month. The Secretary shall establish by rule the
15    amount and the procedures, terms, and conditions relating
16    to these fees.
17        (5) If the restricted driving permit is issued for
18    employment purposes, then the prohibition against driving
19    a vehicle that is not equipped with an ignition interlock
20    device does not apply to the operation of an occupational
21    vehicle owned or leased by that person's employer when
22    used solely for employment purposes. For any person who,
23    within a 5-year period, is convicted of a second or
24    subsequent offense under Section 11-501 of this Code, or a
25    similar provision of a local ordinance or similar
26    out-of-state offense, this employment exemption does not

 

 

HB5496- 279 -LRB102 25260 LNS 34533 b

1    apply until either a one-year period has elapsed during
2    which that person had his or her driving privileges
3    revoked or a one-year period has elapsed during which that
4    person had a restricted driving permit which required the
5    use of an ignition interlock device on every motor vehicle
6    owned or operated by that person.
7        (6) A restricted driving permit issued under this
8    Section shall be subject to cancellation, revocation, and
9    suspension by the Secretary of State in like manner and
10    for like cause as a driver's license issued under this
11    Code may be cancelled, revoked, or suspended; except that
12    a conviction upon one or more offenses against laws or
13    ordinances regulating the movement of traffic shall be
14    deemed sufficient cause for the revocation, suspension, or
15    cancellation of a restricted driving permit.
16    (d-5) The revocation of the license, permit, or driving
17privileges of a person convicted of a third or subsequent
18violation of Section 6-303 of this Code committed while his or
19her driver's license, permit, or privilege was revoked because
20of a violation of Section 9-3 of the Criminal Code of 1961 or
21the Criminal Code of 2012, relating to the offense of reckless
22homicide, or a similar provision of a law of another state, is
23permanent. The Secretary may not, at any time, issue a license
24or permit to that person.
25    (e) This Section is subject to the provisions of the
26Driver License Compact.

 

 

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1    (f) Any revocation imposed upon any person under
2subsections 2 and 3 of paragraph (b) that is in effect on
3December 31, 1988 shall be converted to a suspension for a like
4period of time.
5    (g) The Secretary of State shall not issue a restricted
6driving permit to a person under the age of 16 years whose
7driving privileges have been revoked under any provisions of
8this Code.
9    (h) The Secretary of State shall require the use of
10ignition interlock devices for a period not less than 5 years
11on all vehicles owned by a person who has been convicted of a
12second or subsequent offense under Section 11-501 of this Code
13or a similar provision of a local ordinance. The person must
14pay to the Secretary of State DUI Administration Fund an
15amount not to exceed $30 for each month that he or she uses the
16device. The Secretary shall establish by rule and regulation
17the procedures for certification and use of the interlock
18system, the amount of the fee, and the procedures, terms, and
19conditions relating to these fees. During the time period in
20which a person is required to install an ignition interlock
21device under this subsection (h), that person shall only
22operate vehicles in which ignition interlock devices have been
23installed, except as allowed by subdivision (c)(5) or (d)(5)
24of this Section. Regardless of whether an exemption under
25subdivision (c) (5) or (d) (5) applies, every person subject
26to this subsection shall not be eligible for reinstatement

 

 

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1until the person installs an ignition interlock device and
2maintains the ignition interlock device for 5 years.
3    (i) (Blank).
4    (j) In accordance with 49 C.F.R. 384, the Secretary of
5State may not issue a restricted driving permit for the
6operation of a commercial motor vehicle to a person holding a
7CDL whose driving privileges have been revoked, suspended,
8cancelled, or disqualified under any provisions of this Code.
9    (k) The Secretary of State shall notify by mail any person
10whose driving privileges have been revoked under paragraph 16
11of subsection (a) of this Section that his or her driving
12privileges and driver's license will be revoked 90 days from
13the date of the mailing of the notice.
14(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
 
15    (625 ILCS 5/6-206)
16    Sec. 6-206. Discretionary authority to suspend or revoke
17license or permit; right to a hearing.
18    (a) The Secretary of State is authorized to suspend or
19revoke the driving privileges of any person without
20preliminary hearing upon a showing of the person's records or
21other sufficient evidence that the person:
22        1. Has committed an offense for which mandatory
23    revocation of a driver's license or permit is required
24    upon conviction;
25        2. Has been convicted of not less than 3 offenses

 

 

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1    against traffic regulations governing the movement of
2    vehicles committed within any 12-month period. No
3    revocation or suspension shall be entered more than 6
4    months after the date of last conviction;
5        3. Has been repeatedly involved as a driver in motor
6    vehicle collisions or has been repeatedly convicted of
7    offenses against laws and ordinances regulating the
8    movement of traffic, to a degree that indicates lack of
9    ability to exercise ordinary and reasonable care in the
10    safe operation of a motor vehicle or disrespect for the
11    traffic laws and the safety of other persons upon the
12    highway;
13        4. Has by the unlawful operation of a motor vehicle
14    caused or contributed to a crash an accident resulting in
15    injury requiring immediate professional treatment in a
16    medical facility or doctor's office to any person, except
17    that any suspension or revocation imposed by the Secretary
18    of State under the provisions of this subsection shall
19    start no later than 6 months after being convicted of
20    violating a law or ordinance regulating the movement of
21    traffic, which violation is related to the crash accident,
22    or shall start not more than one year after the date of the
23    crash accident, whichever date occurs later;
24        5. Has permitted an unlawful or fraudulent use of a
25    driver's license, identification card, or permit;
26        6. Has been lawfully convicted of an offense or

 

 

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1    offenses in another state, including the authorization
2    contained in Section 6-203.1, which if committed within
3    this State would be grounds for suspension or revocation;
4        7. Has refused or failed to submit to an examination
5    provided for by Section 6-207 or has failed to pass the
6    examination;
7        8. Is ineligible for a driver's license or permit
8    under the provisions of Section 6-103;
9        9. Has made a false statement or knowingly concealed a
10    material fact or has used false information or
11    identification in any application for a license,
12    identification card, or permit;
13        10. Has possessed, displayed, or attempted to
14    fraudulently use any license, identification card, or
15    permit not issued to the person;
16        11. Has operated a motor vehicle upon a highway of
17    this State when the person's driving privilege or
18    privilege to obtain a driver's license or permit was
19    revoked or suspended unless the operation was authorized
20    by a monitoring device driving permit, judicial driving
21    permit issued prior to January 1, 2009, probationary
22    license to drive, or restricted driving permit issued
23    under this Code;
24        12. Has submitted to any portion of the application
25    process for another person or has obtained the services of
26    another person to submit to any portion of the application

 

 

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1    process for the purpose of obtaining a license,
2    identification card, or permit for some other person;
3        13. Has operated a motor vehicle upon a highway of
4    this State when the person's driver's license or permit
5    was invalid under the provisions of Sections 6-107.1 and
6    6-110;
7        14. Has committed a violation of Section 6-301,
8    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
9    14B of the Illinois Identification Card Act;
10        15. Has been convicted of violating Section 21-2 of
11    the Criminal Code of 1961 or the Criminal Code of 2012
12    relating to criminal trespass to vehicles if the person
13    exercised actual physical control over the vehicle during
14    the commission of the offense, in which case the
15    suspension shall be for one year;
16        16. Has been convicted of violating Section 11-204 of
17    this Code relating to fleeing from a peace officer;
18        17. Has refused to submit to a test, or tests, as
19    required under Section 11-501.1 of this Code and the
20    person has not sought a hearing as provided for in Section
21    11-501.1;
22        18. (Blank);
23        19. Has committed a violation of paragraph (a) or (b)
24    of Section 6-101 relating to driving without a driver's
25    license;
26        20. Has been convicted of violating Section 6-104

 

 

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1    relating to classification of driver's license;
2        21. Has been convicted of violating Section 11-402 of
3    this Code relating to leaving the scene of a crash an
4    accident resulting in damage to a vehicle in excess of
5    $1,000, in which case the suspension shall be for one
6    year;
7        22. Has used a motor vehicle in violating paragraph
8    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
9    the Criminal Code of 1961 or the Criminal Code of 2012
10    relating to unlawful use of weapons, in which case the
11    suspension shall be for one year;
12        23. Has, as a driver, been convicted of committing a
13    violation of paragraph (a) of Section 11-502 of this Code
14    for a second or subsequent time within one year of a
15    similar violation;
16        24. Has been convicted by a court-martial or punished
17    by non-judicial punishment by military authorities of the
18    United States at a military installation in Illinois or in
19    another state of or for a traffic-related offense that is
20    the same as or similar to an offense specified under
21    Section 6-205 or 6-206 of this Code;
22        25. Has permitted any form of identification to be
23    used by another in the application process in order to
24    obtain or attempt to obtain a license, identification
25    card, or permit;
26        26. Has altered or attempted to alter a license or has

 

 

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1    possessed an altered license, identification card, or
2    permit;
3        27. (Blank);
4        28. Has been convicted for a first time of the illegal
5    possession, while operating or in actual physical control,
6    as a driver, of a motor vehicle, of any controlled
7    substance prohibited under the Illinois Controlled
8    Substances Act, any cannabis prohibited under the Cannabis
9    Control Act, or any methamphetamine prohibited under the
10    Methamphetamine Control and Community Protection Act, in
11    which case the person's driving privileges shall be
12    suspended for one year. Any defendant found guilty of this
13    offense while operating a motor vehicle shall have an
14    entry made in the court record by the presiding judge that
15    this offense did occur while the defendant was operating a
16    motor vehicle and order the clerk of the court to report
17    the violation to the Secretary of State;
18        29. Has been convicted of the following offenses that
19    were committed while the person was operating or in actual
20    physical control, as a driver, of a motor vehicle:
21    criminal sexual assault, predatory criminal sexual assault
22    of a child, aggravated criminal sexual assault, criminal
23    sexual abuse, aggravated criminal sexual abuse, juvenile
24    pimping, soliciting for a juvenile prostitute, promoting
25    juvenile prostitution as described in subdivision (a)(1),
26    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

 

 

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1    of 1961 or the Criminal Code of 2012, and the manufacture,
2    sale or delivery of controlled substances or instruments
3    used for illegal drug use or abuse in which case the
4    driver's driving privileges shall be suspended for one
5    year;
6        30. Has been convicted a second or subsequent time for
7    any combination of the offenses named in paragraph 29 of
8    this subsection, in which case the person's driving
9    privileges shall be suspended for 5 years;
10        31. Has refused to submit to a test as required by
11    Section 11-501.6 of this Code or Section 5-16c of the Boat
12    Registration and Safety Act or has submitted to a test
13    resulting in an alcohol concentration of 0.08 or more or
14    any amount of a drug, substance, or compound resulting
15    from the unlawful use or consumption of cannabis as listed
16    in the Cannabis Control Act, a controlled substance as
17    listed in the Illinois Controlled Substances Act, an
18    intoxicating compound as listed in the Use of Intoxicating
19    Compounds Act, or methamphetamine as listed in the
20    Methamphetamine Control and Community Protection Act, in
21    which case the penalty shall be as prescribed in Section
22    6-208.1;
23        32. Has been convicted of Section 24-1.2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012
25    relating to the aggravated discharge of a firearm if the
26    offender was located in a motor vehicle at the time the

 

 

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1    firearm was discharged, in which case the suspension shall
2    be for 3 years;
3        33. Has as a driver, who was less than 21 years of age
4    on the date of the offense, been convicted a first time of
5    a violation of paragraph (a) of Section 11-502 of this
6    Code or a similar provision of a local ordinance;
7        34. Has committed a violation of Section 11-1301.5 of
8    this Code or a similar provision of a local ordinance;
9        35. Has committed a violation of Section 11-1301.6 of
10    this Code or a similar provision of a local ordinance;
11        36. Is under the age of 21 years at the time of arrest
12    and has been convicted of not less than 2 offenses against
13    traffic regulations governing the movement of vehicles
14    committed within any 24-month period. No revocation or
15    suspension shall be entered more than 6 months after the
16    date of last conviction;
17        37. Has committed a violation of subsection (c) of
18    Section 11-907 of this Code that resulted in damage to the
19    property of another or the death or injury of another;
20        38. Has been convicted of a violation of Section 6-20
21    of the Liquor Control Act of 1934 or a similar provision of
22    a local ordinance and the person was an occupant of a motor
23    vehicle at the time of the violation;
24        39. Has committed a second or subsequent violation of
25    Section 11-1201 of this Code;
26        40. Has committed a violation of subsection (a-1) of

 

 

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1    Section 11-908 of this Code;
2        41. Has committed a second or subsequent violation of
3    Section 11-605.1 of this Code, a similar provision of a
4    local ordinance, or a similar violation in any other state
5    within 2 years of the date of the previous violation, in
6    which case the suspension shall be for 90 days;
7        42. Has committed a violation of subsection (a-1) of
8    Section 11-1301.3 of this Code or a similar provision of a
9    local ordinance;
10        43. Has received a disposition of court supervision
11    for a violation of subsection (a), (d), or (e) of Section
12    6-20 of the Liquor Control Act of 1934 or a similar
13    provision of a local ordinance and the person was an
14    occupant of a motor vehicle at the time of the violation,
15    in which case the suspension shall be for a period of 3
16    months;
17        44. Is under the age of 21 years at the time of arrest
18    and has been convicted of an offense against traffic
19    regulations governing the movement of vehicles after
20    having previously had his or her driving privileges
21    suspended or revoked pursuant to subparagraph 36 of this
22    Section;
23        45. Has, in connection with or during the course of a
24    formal hearing conducted under Section 2-118 of this Code:
25    (i) committed perjury; (ii) submitted fraudulent or
26    falsified documents; (iii) submitted documents that have

 

 

HB5496- 290 -LRB102 25260 LNS 34533 b

1    been materially altered; or (iv) submitted, as his or her
2    own, documents that were in fact prepared or composed for
3    another person;
4        46. Has committed a violation of subsection (j) of
5    Section 3-413 of this Code;
6        47. Has committed a violation of subsection (a) of
7    Section 11-502.1 of this Code;
8        48. Has submitted a falsified or altered medical
9    examiner's certificate to the Secretary of State or
10    provided false information to obtain a medical examiner's
11    certificate;
12        49. Has been convicted of a violation of Section
13    11-1002 or 11-1002.5 that resulted in a Type A injury to
14    another, in which case the driving privileges of the
15    person shall be suspended for 12 months; or
16        50. Has committed a violation of subsection (b-5) of
17    Section 12-610.2 that resulted in great bodily harm,
18    permanent disability, or disfigurement, in which case the
19    driving privileges of the person shall be suspended for 12
20    months.; or 50
21    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
22and 27 of this subsection, license means any driver's license,
23any traffic ticket issued when the person's driver's license
24is deposited in lieu of bail, a suspension notice issued by the
25Secretary of State, a duplicate or corrected driver's license,
26a probationary driver's license, or a temporary driver's

 

 

HB5496- 291 -LRB102 25260 LNS 34533 b

1license.
2    (b) If any conviction forming the basis of a suspension or
3revocation authorized under this Section is appealed, the
4Secretary of State may rescind or withhold the entry of the
5order of suspension or revocation, as the case may be,
6provided that a certified copy of a stay order of a court is
7filed with the Secretary of State. If the conviction is
8affirmed on appeal, the date of the conviction shall relate
9back to the time the original judgment of conviction was
10entered and the 6-month limitation prescribed shall not apply.
11    (c) 1. Upon suspending or revoking the driver's license or
12permit of any person as authorized in this Section, the
13Secretary of State shall immediately notify the person in
14writing of the revocation or suspension. The notice to be
15deposited in the United States mail, postage prepaid, to the
16last known address of the person.
17    2. If the Secretary of State suspends the driver's license
18of a person under subsection 2 of paragraph (a) of this
19Section, a person's privilege to operate a vehicle as an
20occupation shall not be suspended, provided an affidavit is
21properly completed, the appropriate fee received, and a permit
22issued prior to the effective date of the suspension, unless 5
23offenses were committed, at least 2 of which occurred while
24operating a commercial vehicle in connection with the driver's
25regular occupation. All other driving privileges shall be
26suspended by the Secretary of State. Any driver prior to

 

 

HB5496- 292 -LRB102 25260 LNS 34533 b

1operating a vehicle for occupational purposes only must submit
2the affidavit on forms to be provided by the Secretary of State
3setting forth the facts of the person's occupation. The
4affidavit shall also state the number of offenses committed
5while operating a vehicle in connection with the driver's
6regular occupation. The affidavit shall be accompanied by the
7driver's license. Upon receipt of a properly completed
8affidavit, the Secretary of State shall issue the driver a
9permit to operate a vehicle in connection with the driver's
10regular occupation only. Unless the permit is issued by the
11Secretary of State prior to the date of suspension, the
12privilege to drive any motor vehicle shall be suspended as set
13forth in the notice that was mailed under this Section. If an
14affidavit is received subsequent to the effective date of this
15suspension, a permit may be issued for the remainder of the
16suspension period.
17    The provisions of this subparagraph shall not apply to any
18driver required to possess a CDL for the purpose of operating a
19commercial motor vehicle.
20    Any person who falsely states any fact in the affidavit
21required herein shall be guilty of perjury under Section 6-302
22and upon conviction thereof shall have all driving privileges
23revoked without further rights.
24    3. At the conclusion of a hearing under Section 2-118 of
25this Code, the Secretary of State shall either rescind or
26continue an order of revocation or shall substitute an order

 

 

HB5496- 293 -LRB102 25260 LNS 34533 b

1of suspension; or, good cause appearing therefor, rescind,
2continue, change, or extend the order of suspension. If the
3Secretary of State does not rescind the order, the Secretary
4may upon application, to relieve undue hardship (as defined by
5the rules of the Secretary of State), issue a restricted
6driving permit granting the privilege of driving a motor
7vehicle between the petitioner's residence and petitioner's
8place of employment or within the scope of the petitioner's
9employment-related duties, or to allow the petitioner to
10transport himself or herself, or a family member of the
11petitioner's household to a medical facility, to receive
12necessary medical care, to allow the petitioner to transport
13himself or herself to and from alcohol or drug remedial or
14rehabilitative activity recommended by a licensed service
15provider, or to allow the petitioner to transport himself or
16herself or a family member of the petitioner's household to
17classes, as a student, at an accredited educational
18institution, or to allow the petitioner to transport children,
19elderly persons, or persons with disabilities who do not hold
20driving privileges and are living in the petitioner's
21household to and from daycare. The petitioner must demonstrate
22that no alternative means of transportation is reasonably
23available and that the petitioner will not endanger the public
24safety or welfare.
25        (A) If a person's license or permit is revoked or
26    suspended due to 2 or more convictions of violating

 

 

HB5496- 294 -LRB102 25260 LNS 34533 b

1    Section 11-501 of this Code or a similar provision of a
2    local ordinance or a similar out-of-state offense, or
3    Section 9-3 of the Criminal Code of 1961 or the Criminal
4    Code of 2012, where the use of alcohol or other drugs is
5    recited as an element of the offense, or a similar
6    out-of-state offense, or a combination of these offenses,
7    arising out of separate occurrences, that person, if
8    issued a restricted driving permit, may not operate a
9    vehicle unless it has been equipped with an ignition
10    interlock device as defined in Section 1-129.1.
11        (B) If a person's license or permit is revoked or
12    suspended 2 or more times due to any combination of:
13            (i) a single conviction of violating Section
14        11-501 of this Code or a similar provision of a local
15        ordinance or a similar out-of-state offense or Section
16        9-3 of the Criminal Code of 1961 or the Criminal Code
17        of 2012, where the use of alcohol or other drugs is
18        recited as an element of the offense, or a similar
19        out-of-state offense; or
20            (ii) a statutory summary suspension or revocation
21        under Section 11-501.1; or
22            (iii) a suspension under Section 6-203.1;
23    arising out of separate occurrences; that person, if
24    issued a restricted driving permit, may not operate a
25    vehicle unless it has been equipped with an ignition
26    interlock device as defined in Section 1-129.1.

 

 

HB5496- 295 -LRB102 25260 LNS 34533 b

1        (B-5) If a person's license or permit is revoked or
2    suspended due to a conviction for a violation of
3    subparagraph (C) or (F) of paragraph (1) of subsection (d)
4    of Section 11-501 of this Code, or a similar provision of a
5    local ordinance or similar out-of-state offense, that
6    person, if issued a restricted driving permit, may not
7    operate a vehicle unless it has been equipped with an
8    ignition interlock device as defined in Section 1-129.1.
9        (C) The person issued a permit conditioned upon the
10    use of an ignition interlock device must pay to the
11    Secretary of State DUI Administration Fund an amount not
12    to exceed $30 per month. The Secretary shall establish by
13    rule the amount and the procedures, terms, and conditions
14    relating to these fees.
15        (D) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against
17    operating a motor vehicle that is not equipped with an
18    ignition interlock device does not apply to the operation
19    of an occupational vehicle owned or leased by that
20    person's employer when used solely for employment
21    purposes. For any person who, within a 5-year period, is
22    convicted of a second or subsequent offense under Section
23    11-501 of this Code, or a similar provision of a local
24    ordinance or similar out-of-state offense, this employment
25    exemption does not apply until either a one-year period
26    has elapsed during which that person had his or her

 

 

HB5496- 296 -LRB102 25260 LNS 34533 b

1    driving privileges revoked or a one-year period has
2    elapsed during which that person had a restricted driving
3    permit which required the use of an ignition interlock
4    device on every motor vehicle owned or operated by that
5    person.
6        (E) In each case the Secretary may issue a restricted
7    driving permit for a period deemed appropriate, except
8    that all permits shall expire no later than 2 years from
9    the date of issuance. A restricted driving permit issued
10    under this Section shall be subject to cancellation,
11    revocation, and suspension by the Secretary of State in
12    like manner and for like cause as a driver's license
13    issued under this Code may be cancelled, revoked, or
14    suspended; except that a conviction upon one or more
15    offenses against laws or ordinances regulating the
16    movement of traffic shall be deemed sufficient cause for
17    the revocation, suspension, or cancellation of a
18    restricted driving permit. The Secretary of State may, as
19    a condition to the issuance of a restricted driving
20    permit, require the applicant to participate in a
21    designated driver remedial or rehabilitative program. The
22    Secretary of State is authorized to cancel a restricted
23    driving permit if the permit holder does not successfully
24    complete the program.
25        (F) A person subject to the provisions of paragraph 4
26    of subsection (b) of Section 6-208 of this Code may make

 

 

HB5496- 297 -LRB102 25260 LNS 34533 b

1    application for a restricted driving permit at a hearing
2    conducted under Section 2-118 of this Code after the
3    expiration of 5 years from the effective date of the most
4    recent revocation or after 5 years from the date of
5    release from a period of imprisonment resulting from a
6    conviction of the most recent offense, whichever is later,
7    provided the person, in addition to all other requirements
8    of the Secretary, shows by clear and convincing evidence:
9            (i) a minimum of 3 years of uninterrupted
10        abstinence from alcohol and the unlawful use or
11        consumption of cannabis under the Cannabis Control
12        Act, a controlled substance under the Illinois
13        Controlled Substances Act, an intoxicating compound
14        under the Use of Intoxicating Compounds Act, or
15        methamphetamine under the Methamphetamine Control and
16        Community Protection Act; and
17            (ii) the successful completion of any
18        rehabilitative treatment and involvement in any
19        ongoing rehabilitative activity that may be
20        recommended by a properly licensed service provider
21        according to an assessment of the person's alcohol or
22        drug use under Section 11-501.01 of this Code.
23        In determining whether an applicant is eligible for a
24    restricted driving permit under this subparagraph (F), the
25    Secretary may consider any relevant evidence, including,
26    but not limited to, testimony, affidavits, records, and

 

 

HB5496- 298 -LRB102 25260 LNS 34533 b

1    the results of regular alcohol or drug tests. Persons
2    subject to the provisions of paragraph 4 of subsection (b)
3    of Section 6-208 of this Code and who have been convicted
4    of more than one violation of paragraph (3), paragraph
5    (4), or paragraph (5) of subsection (a) of Section 11-501
6    of this Code shall not be eligible to apply for a
7    restricted driving permit under this subparagraph (F).
8        A restricted driving permit issued under this
9    subparagraph (F) shall provide that the holder may only
10    operate motor vehicles equipped with an ignition interlock
11    device as required under paragraph (2) of subsection (c)
12    of Section 6-205 of this Code and subparagraph (A) of
13    paragraph 3 of subsection (c) of this Section. The
14    Secretary may revoke a restricted driving permit or amend
15    the conditions of a restricted driving permit issued under
16    this subparagraph (F) if the holder operates a vehicle
17    that is not equipped with an ignition interlock device, or
18    for any other reason authorized under this Code.
19        A restricted driving permit issued under this
20    subparagraph (F) shall be revoked, and the holder barred
21    from applying for or being issued a restricted driving
22    permit in the future, if the holder is convicted of a
23    violation of Section 11-501 of this Code, a similar
24    provision of a local ordinance, or a similar offense in
25    another state.
26    (c-3) In the case of a suspension under paragraph 43 of

 

 

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1subsection (a), reports received by the Secretary of State
2under this Section shall, except during the actual time the
3suspension is in effect, be privileged information and for use
4only by the courts, police officers, prosecuting authorities,
5the driver licensing administrator of any other state, the
6Secretary of State, or the parent or legal guardian of a driver
7under the age of 18. However, beginning January 1, 2008, if the
8person is a CDL holder, the suspension shall also be made
9available to the driver licensing administrator of any other
10state, the U.S. Department of Transportation, and the affected
11driver or motor carrier or prospective motor carrier upon
12request.
13    (c-4) In the case of a suspension under paragraph 43 of
14subsection (a), the Secretary of State shall notify the person
15by mail that his or her driving privileges and driver's
16license will be suspended one month after the date of the
17mailing of the notice.
18    (c-5) The Secretary of State may, as a condition of the
19reissuance of a driver's license or permit to an applicant
20whose driver's license or permit has been suspended before he
21or she reached the age of 21 years pursuant to any of the
22provisions of this Section, require the applicant to
23participate in a driver remedial education course and be
24retested under Section 6-109 of this Code.
25    (d) This Section is subject to the provisions of the
26Driver License Compact.

 

 

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1    (e) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been suspended or revoked under any
4provisions of this Code.
5    (f) In accordance with 49 C.F.R. 384, the Secretary of
6State may not issue a restricted driving permit for the
7operation of a commercial motor vehicle to a person holding a
8CDL whose driving privileges have been suspended, revoked,
9cancelled, or disqualified under any provisions of this Code.
10(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
11101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
128-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
 
13    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
14    Sec. 6-208.1. Period of statutory summary alcohol, other
15drug, or intoxicating compound related suspension or
16revocation.
17    (a) Unless the statutory summary suspension has been
18rescinded, any person whose privilege to drive a motor vehicle
19on the public highways has been summarily suspended, pursuant
20to Section 11-501.1, shall not be eligible for restoration of
21the privilege until the expiration of:
22        1. twelve months from the effective date of the
23    statutory summary suspension for a refusal or failure to
24    complete a test or tests to determine the alcohol, other
25    drug, or intoxicating compound concentration under Section

 

 

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1    11-501.1, if the person was not involved in a motor
2    vehicle crash accident that caused personal injury or
3    death to another; or
4        2. six months from the effective date of the statutory
5    summary suspension imposed following the person's
6    submission to a chemical test which disclosed an alcohol
7    concentration of 0.08 or more, the presence of cannabis as
8    listed in the Cannabis Control Act with a
9    tetrahydrocannabinol concentration as defined in paragraph
10    6 of subsection (a) of Section 11-501.2 of this Code, or
11    any amount of a drug, substance, or intoxicating compound
12    in such person's breath, blood, other bodily substance, or
13    urine resulting from the unlawful use or consumption of a
14    controlled substance listed in the Illinois Controlled
15    Substances Act, an intoxicating compound listed in the Use
16    of Intoxicating Compounds Act, or methamphetamine as
17    listed in the Methamphetamine Control and Community
18    Protection Act, pursuant to Section 11-501.1; or
19        3. three years from the effective date of the
20    statutory summary suspension for any person other than a
21    first offender who refuses or fails to complete a test or
22    tests to determine the alcohol, drug, or intoxicating
23    compound concentration pursuant to Section 11-501.1; or
24        4. one year from the effective date of the summary
25    suspension imposed for any person other than a first
26    offender following submission to a chemical test which

 

 

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1    disclosed an alcohol concentration of 0.08 or more
2    pursuant to Section 11-501.1, the presence of cannabis as
3    listed in the Cannabis Control Act with a
4    tetrahydrocannabinol concentration as defined in paragraph
5    6 of subsection (a) of Section 11-501.2 of this Code, or
6    any amount of a drug, substance or compound in such
7    person's blood, other bodily substance, or urine resulting
8    from the unlawful use or consumption of a controlled
9    substance listed in the Illinois Controlled Substances
10    Act, an intoxicating compound listed in the Use of
11    Intoxicating Compounds Act, or methamphetamine as listed
12    in the Methamphetamine Control and Community Protection
13    Act; or
14        5. (Blank).
15    (b) Following a statutory summary suspension of the
16privilege to drive a motor vehicle under Section 11-501.1,
17driving privileges shall be restored unless the person is
18otherwise suspended, revoked, or cancelled by this Code. If
19the court has reason to believe that the person's driving
20privilege should not be restored, the court shall notify the
21Secretary of State prior to the expiration of the statutory
22summary suspension so appropriate action may be taken pursuant
23to this Code.
24    (c) Driving privileges may not be restored until all
25applicable reinstatement fees, as provided by this Code, have
26been paid to the Secretary of State and the appropriate entry

 

 

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1made to the driver's record.
2    (d) Where a driving privilege has been summarily suspended
3or revoked under Section 11-501.1 and the person is
4subsequently convicted of violating Section 11-501, or a
5similar provision of a local ordinance, for the same incident,
6any period served on statutory summary suspension or
7revocation shall be credited toward the minimum period of
8revocation of driving privileges imposed pursuant to Section
96-205.
10    (e) A first offender who refused chemical testing and
11whose driving privileges were summarily revoked pursuant to
12Section 11-501.1 shall not be eligible for a monitoring device
13driving permit, but may make application for reinstatement or
14for a restricted driving permit after a period of one year has
15elapsed from the effective date of the revocation.
16    (f) (Blank).
17    (g) (Blank).
18    (h) (Blank).
19(Source: P.A. 98-122, eff. 1-1-14; 98-1015, eff. 8-22-14;
2098-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff.
217-29-16.)
 
22    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
23    Sec. 6-303. Driving while driver's license, permit, or
24privilege to operate a motor vehicle is suspended or revoked.
25    (a) Except as otherwise provided in subsection (a-5) or

 

 

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1(a-7), any person who drives or is in actual physical control
2of a motor vehicle on any highway of this State at a time when
3such person's driver's license, permit, or privilege to do so
4or the privilege to obtain a driver's license or permit is
5revoked or suspended as provided by this Code or the law of
6another state, except as may be specifically allowed by a
7judicial driving permit issued prior to January 1, 2009,
8monitoring device driving permit, family financial
9responsibility driving permit, probationary license to drive,
10or a restricted driving permit issued pursuant to this Code or
11under the law of another state, shall be guilty of a Class A
12misdemeanor.
13    (a-3) A second or subsequent violation of subsection (a)
14of this Section is a Class 4 felony if committed by a person
15whose driving or operation of a motor vehicle is the proximate
16cause of a motor vehicle crash accident that causes personal
17injury or death to another. For purposes of this subsection, a
18personal injury includes any Type A injury as indicated on the
19traffic crash accident report completed by a law enforcement
20officer that requires immediate professional attention in
21either a doctor's office or a medical facility. A Type A injury
22includes severe bleeding wounds, distorted extremities, and
23injuries that require the injured party to be carried from the
24scene.
25    (a-5) Any person who violates this Section as provided in
26subsection (a) while his or her driver's license, permit, or

 

 

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1privilege is revoked because of a violation of Section 9-3 of
2the Criminal Code of 1961 or the Criminal Code of 2012,
3relating to the offense of reckless homicide, or a violation
4of subparagraph (F) of paragraph (1) of subsection (d) of
5Section 11-501 of this Code, relating to the offense of
6aggravated driving under the influence of alcohol, other drug
7or drugs, or intoxicating compound or compounds, or any
8combination thereof when the violation was a proximate cause
9of a death, or a similar provision of a law of another state,
10is guilty of a Class 4 felony. The person shall be required to
11undergo a professional evaluation, as provided in Section
1211-501 of this Code, to determine if an alcohol, drug, or
13intoxicating compound problem exists and the extent of the
14problem, and to undergo the imposition of treatment as
15appropriate.
16    (a-7) Any person who violates this Section as provided in
17subsection (a) while his or her driver's license or privilege
18to drive is suspended under Section 6-306.5 or 7-702 of this
19Code shall receive a Uniform Traffic Citation from the law
20enforcement officer. A person who receives 3 or more Uniform
21Traffic Citations under this subsection (a-7) without paying
22any fees associated with the citations shall be guilty of a
23Class A misdemeanor.
24    (a-10) A person's driver's license, permit, or privilege
25to obtain a driver's license or permit may be subject to
26multiple revocations, multiple suspensions, or any combination

 

 

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1of both simultaneously. No revocation or suspension shall
2serve to negate, invalidate, cancel, postpone, or in any way
3lessen the effect of any other revocation or suspension
4entered prior or subsequent to any other revocation or
5suspension.
6    (b) (Blank).
7    (b-1) Except for a person under subsection (a-7) of this
8Section, upon receiving a report of the conviction of any
9violation indicating a person was operating a motor vehicle
10during the time when the person's driver's license, permit, or
11privilege was suspended by the Secretary of State or the
12driver's licensing administrator of another state, except as
13specifically allowed by a probationary license, judicial
14driving permit, restricted driving permit, or monitoring
15device driving permit, the Secretary shall extend the
16suspension for the same period of time as the originally
17imposed suspension unless the suspension has already expired,
18in which case the Secretary shall be authorized to suspend the
19person's driving privileges for the same period of time as the
20originally imposed suspension.
21    (b-2) Except as provided in subsection (b-6) or (a-7),
22upon receiving a report of the conviction of any violation
23indicating a person was operating a motor vehicle when the
24person's driver's license, permit, or privilege was revoked by
25the Secretary of State or the driver's license administrator
26of any other state, except as specifically allowed by a

 

 

HB5496- 307 -LRB102 25260 LNS 34533 b

1restricted driving permit issued pursuant to this Code or the
2law of another state, the Secretary shall not issue a driver's
3license for an additional period of one year from the date of
4such conviction indicating such person was operating a vehicle
5during such period of revocation.
6    (b-3) (Blank).
7    (b-4) When the Secretary of State receives a report of a
8conviction of any violation indicating a person was operating
9a motor vehicle that was not equipped with an ignition
10interlock device during a time when the person was prohibited
11from operating a motor vehicle not equipped with such a
12device, the Secretary shall not issue a driver's license to
13that person for an additional period of one year from the date
14of the conviction.
15    (b-5) Any person convicted of violating this Section shall
16serve a minimum term of imprisonment of 30 consecutive days or
17300 hours of community service when the person's driving
18privilege was revoked or suspended as a result of a violation
19of Section 9-3 of the Criminal Code of 1961 or the Criminal
20Code of 2012, relating to the offense of reckless homicide, or
21a violation of subparagraph (F) of paragraph (1) of subsection
22(d) of Section 11-501 of this Code, relating to the offense of
23aggravated driving under the influence of alcohol, other drug
24or drugs, or intoxicating compound or compounds, or any
25combination thereof when the violation was a proximate cause
26of a death, or a similar provision of a law of another state.

 

 

HB5496- 308 -LRB102 25260 LNS 34533 b

1The court may give credit toward the fulfillment of community
2service hours for participation in activities and treatment as
3determined by court services.
4    (b-6) Upon receiving a report of a first conviction of
5operating a motor vehicle while the person's driver's license,
6permit, or privilege was revoked where the revocation was for
7a violation of Section 9-3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 relating to the offense of reckless
9homicide, or a violation of subparagraph (F) of paragraph (1)
10of subsection (d) of Section 11-501 of this Code, relating to
11the offense of aggravated driving under the influence of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof when the violation was a
14proximate cause of a death, or a similar out-of-state offense,
15the Secretary shall not issue a driver's license for an
16additional period of 3 years from the date of such conviction.
17    (c) Except as provided in subsections (c-3) and (c-4), any
18person convicted of violating this Section shall serve a
19minimum term of imprisonment of 10 consecutive days or 30 days
20of community service when the person's driving privilege was
21revoked or suspended as a result of:
22        (1) a violation of Section 11-501 of this Code or a
23    similar provision of a local ordinance relating to the
24    offense of operating or being in physical control of a
25    vehicle while under the influence of alcohol, any other
26    drug or any combination thereof; or

 

 

HB5496- 309 -LRB102 25260 LNS 34533 b

1        (2) a violation of paragraph (b) of Section 11-401 of
2    this Code or a similar provision of a local ordinance
3    relating to the offense of leaving the scene of a motor
4    vehicle crash accident involving personal injury or death;
5    or
6        (3) a statutory summary suspension or revocation under
7    Section 11-501.1 of this Code.
8    Such sentence of imprisonment or community service shall
9not be subject to suspension in order to reduce such sentence.
10    (c-1) Except as provided in subsections (a-7), (c-5), and
11(d), any person convicted of a second violation of this
12Section shall be ordered by the court to serve a minimum of 100
13hours of community service. The court may give credit toward
14the fulfillment of community service hours for participation
15in activities and treatment as determined by court services.
16    (c-2) In addition to other penalties imposed under this
17Section, the court may impose on any person convicted a fourth
18time of violating this Section any of the following:
19        (1) Seizure of the license plates of the person's
20    vehicle.
21        (2) Immobilization of the person's vehicle for a
22    period of time to be determined by the court.
23    (c-3) Any person convicted of a violation of this Section
24during a period of summary suspension imposed pursuant to
25Section 11-501.1 when the person was eligible for a monitoring
26device driving permit shall be guilty of a Class 4 felony and

 

 

HB5496- 310 -LRB102 25260 LNS 34533 b

1shall serve a minimum term of imprisonment of 30 days.
2    (c-4) Any person who has been issued a monitoring device
3driving permit or a restricted driving permit which requires
4the person to operate only motor vehicles equipped with an
5ignition interlock device and who is convicted of a violation
6of this Section as a result of operating or being in actual
7physical control of a motor vehicle not equipped with an
8ignition interlock device at the time of the offense shall be
9guilty of a Class 4 felony and shall serve a minimum term of
10imprisonment of 30 days.
11    (c-5) Any person convicted of a second violation of this
12Section is guilty of a Class 2 felony, is not eligible for
13probation or conditional discharge, and shall serve a
14mandatory term of imprisonment, if:
15         (1) the current violation occurred when the person's
16    driver's license was suspended or revoked for a violation
17    of Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, relating to the offense of reckless
19    homicide, or a violation of subparagraph (F) of paragraph
20    (1) of subsection (d) of Section 11-501 of this Code,
21    relating to the offense of aggravated driving under the
22    influence of alcohol, other drug or drugs, or intoxicating
23    compound or compounds, or any combination thereof when the
24    violation was a proximate cause of a death, or a similar
25    out-of-state offense; and
26        (2) the prior conviction under this Section occurred

 

 

HB5496- 311 -LRB102 25260 LNS 34533 b

1    while the person's driver's license was suspended or
2    revoked for a violation of Section 9-3 of the Criminal
3    Code of 1961 or the Criminal Code of 2012 relating to the
4    offense of reckless homicide, or a violation of
5    subparagraph (F) of paragraph (1) of subsection (d) of
6    Section 11-501 of this Code, relating to the offense of
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof when the violation was a proximate
10    cause of a death, or a similar out-of-state offense, or
11    was suspended or revoked for a violation of Section 11-401
12    or 11-501 of this Code, a similar out-of-state offense, a
13    similar provision of a local ordinance, or a statutory
14    summary suspension or revocation under Section 11-501.1 of
15    this Code.
16    (d) Any person convicted of a second violation of this
17Section shall be guilty of a Class 4 felony and shall serve a
18minimum term of imprisonment of 30 days or 300 hours of
19community service, as determined by the court, if:
20        (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 11-401 or 11-501 of this Code, a similar
23    out-of-state offense, a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code; and
26        (2) the prior conviction under this Section occurred

 

 

HB5496- 312 -LRB102 25260 LNS 34533 b

1    while the person's driver's license was suspended or
2    revoked for a violation of Section 11-401 or 11-501 of
3    this Code, a similar out-of-state offense, a similar
4    provision of a local ordinance, or a statutory summary
5    suspension or revocation under Section 11-501.1 of this
6    Code, or for a violation of Section 9-3 of the Criminal
7    Code of 1961 or the Criminal Code of 2012, relating to the
8    offense of reckless homicide, or a violation of
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of this Code, relating to the offense of
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or
13    any combination thereof when the violation was a proximate
14    cause of a death, or a similar out-of-state offense.
15    The court may give credit toward the fulfillment of
16community service hours for participation in activities and
17treatment as determined by court services.
18    (d-1) Except as provided in subsections (a-7), (d-2),
19(d-2.5), and (d-3), any person convicted of a third or
20subsequent violation of this Section shall serve a minimum
21term of imprisonment of 30 days or 300 hours of community
22service, as determined by the court. The court may give credit
23toward the fulfillment of community service hours for
24participation in activities and treatment as determined by
25court services.
26    (d-2) Any person convicted of a third violation of this

 

 

HB5496- 313 -LRB102 25260 LNS 34533 b

1Section is guilty of a Class 4 felony and must serve a minimum
2term of imprisonment of 30 days, if:
3        (1) the current violation occurred when the person's
4    driver's license was suspended or revoked for a violation
5    of Section 11-401 or 11-501 of this Code, or a similar
6    out-of-state offense, or a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code; and
9        (2) the prior convictions under this Section occurred
10    while the person's driver's license was suspended or
11    revoked for a violation of Section 11-401 or 11-501 of
12    this Code, a similar out-of-state offense, a similar
13    provision of a local ordinance, or a statutory summary
14    suspension or revocation under Section 11-501.1 of this
15    Code, or for a violation of Section 9-3 of the Criminal
16    Code of 1961 or the Criminal Code of 2012, relating to the
17    offense of reckless homicide, or a violation of
18    subparagraph (F) of paragraph (1) of subsection (d) of
19    Section 11-501 of this Code, relating to the offense of
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds, or
22    any combination thereof when the violation was a proximate
23    cause of a death, or a similar out-of-state offense.
24    (d-2.5) Any person convicted of a third violation of this
25Section is guilty of a Class 1 felony, is not eligible for
26probation or conditional discharge, and must serve a mandatory

 

 

HB5496- 314 -LRB102 25260 LNS 34533 b

1term of imprisonment, if:
2        (1) the current violation occurred while the person's
3    driver's license was suspended or revoked for a violation
4    of Section 9-3 of the Criminal Code of 1961 or the Criminal
5    Code of 2012, relating to the offense of reckless
6    homicide, or a violation of subparagraph (F) of paragraph
7    (1) of subsection (d) of Section 11-501 of this Code,
8    relating to the offense of aggravated driving under the
9    influence of alcohol, other drug or drugs, or intoxicating
10    compound or compounds, or any combination thereof when the
11    violation was a proximate cause of a death, or a similar
12    out-of-state offense. The person's driving privileges
13    shall be revoked for the remainder of the person's life;
14    and
15        (2) the prior convictions under this Section occurred
16    while the person's driver's license was suspended or
17    revoked for a violation of Section 9-3 of the Criminal
18    Code of 1961 or the Criminal Code of 2012, relating to the
19    offense of reckless homicide, or a violation of
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of this Code, relating to the offense of
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof when the violation was a proximate
25    cause of a death, or a similar out-of-state offense, or
26    was suspended or revoked for a violation of Section 11-401

 

 

HB5496- 315 -LRB102 25260 LNS 34533 b

1    or 11-501 of this Code, a similar out-of-state offense, a
2    similar provision of a local ordinance, or a statutory
3    summary suspension or revocation under Section 11-501.1 of
4    this Code.
5    (d-3) Any person convicted of a fourth, fifth, sixth,
6seventh, eighth, or ninth violation of this Section is guilty
7of a Class 4 felony and must serve a minimum term of
8imprisonment of 180 days, if:
9        (1) the current violation occurred when the person's
10    driver's license was suspended or revoked for a violation
11    of Section 11-401 or 11-501 of this Code, a similar
12    out-of-state offense, a similar provision of a local
13    ordinance, or a statutory summary suspension or revocation
14    under Section 11-501.1 of this Code; and
15        (2) the prior convictions under this Section occurred
16    while the person's driver's license was suspended or
17    revoked for a violation of Section 11-401 or 11-501 of
18    this Code, a similar out-of-state offense, a similar
19    provision of a local ordinance, or a statutory summary
20    suspension or revocation under Section 11-501.1 of this
21    Code, or for a violation of Section 9-3 of the Criminal
22    Code of 1961 or the Criminal Code of 2012, relating to the
23    offense of reckless homicide, or a violation of
24    subparagraph (F) of paragraph (1) of subsection (d) of
25    Section 11-501 of this Code, relating to the offense of
26    aggravated driving under the influence of alcohol, other

 

 

HB5496- 316 -LRB102 25260 LNS 34533 b

1    drug or drugs, or intoxicating compound or compounds, or
2    any combination thereof when the violation was a proximate
3    cause of a death, or a similar out-of-state offense.
4    (d-3.5) Any person convicted of a fourth or subsequent
5violation of this Section is guilty of a Class 1 felony, is not
6eligible for probation or conditional discharge, must serve a
7mandatory term of imprisonment, and is eligible for an
8extended term, if:
9        (1) the current violation occurred when the person's
10    driver's license was suspended or revoked for a violation
11    of Section 9-3 of the Criminal Code of 1961 or the Criminal
12    Code of 2012, relating to the offense of reckless
13    homicide, or a violation of subparagraph (F) of paragraph
14    (1) of subsection (d) of Section 11-501 of this Code,
15    relating to the offense of aggravated driving under the
16    influence of alcohol, other drug or drugs, or intoxicating
17    compound or compounds, or any combination thereof when the
18    violation was a proximate cause of a death, or a similar
19    out-of-state offense; and
20        (2) the prior convictions under this Section occurred
21    while the person's driver's license was suspended or
22    revoked for a violation of Section 9-3 of the Criminal
23    Code of 1961 or the Criminal Code of 2012, relating to the
24    offense of reckless homicide, or a violation of
25    subparagraph (F) of paragraph (1) of subsection (d) of
26    Section 11-501 of this Code, relating to the offense of

 

 

HB5496- 317 -LRB102 25260 LNS 34533 b

1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof when the violation was a proximate
4    cause of a death, or a similar out-of-state offense, or
5    was suspended or revoked for a violation of Section 11-401
6    or 11-501 of this Code, a similar out-of-state offense, a
7    similar provision of a local ordinance, or a statutory
8    summary suspension or revocation under Section 11-501.1 of
9    this Code.
10    (d-4) Any person convicted of a tenth, eleventh, twelfth,
11thirteenth, or fourteenth violation of this Section is guilty
12of a Class 3 felony, and is not eligible for probation or
13conditional discharge, if:
14        (1) the current violation occurred when the person's
15    driver's license was suspended or revoked for a violation
16    of Section 11-401 or 11-501 of this Code, or a similar
17    out-of-state offense, or a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code; and
20        (2) the prior convictions under this Section occurred
21    while the person's driver's license was suspended or
22    revoked for a violation of Section 11-401 or 11-501 of
23    this Code, a similar out-of-state offense, a similar
24    provision of a local ordinance, or a statutory suspension
25    or revocation under Section 11-501.1 of this Code, or for
26    a violation of Section 9-3 of the Criminal Code of 1961 or

 

 

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1    the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a violation of subparagraph (F) of
3    paragraph (1) of subsection (d) of Section 11-501 of this
4    Code, relating to the offense of aggravated driving under
5    the influence of alcohol, other drug or drugs, or
6    intoxicating compound or compounds, or any combination
7    thereof when the violation was a proximate cause of a
8    death, or a similar out-of-state offense.
9    (d-5) Any person convicted of a fifteenth or subsequent
10violation of this Section is guilty of a Class 2 felony, and is
11not eligible for probation or conditional discharge, if:
12        (1) the current violation occurred when the person's
13    driver's license was suspended or revoked for a violation
14    of Section 11-401 or 11-501 of this Code, or a similar
15    out-of-state offense, or a similar provision of a local
16    ordinance, or a statutory summary suspension or revocation
17    under Section 11-501.1 of this Code; and
18        (2) the prior convictions under this Section occurred
19    while the person's driver's license was suspended or
20    revoked for a violation of Section 11-401 or 11-501 of
21    this Code, a similar out-of-state offense, a similar
22    provision of a local ordinance, or a statutory summary
23    suspension or revocation under Section 11-501.1 of this
24    Code, or for a violation of Section 9-3 of the Criminal
25    Code of 1961 or the Criminal Code of 2012, relating to the
26    offense of reckless homicide, or a violation of

 

 

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1    subparagraph (F) of paragraph (1) of subsection (d) of
2    Section 11-501 of this Code, relating to the offense of
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof when the violation was a proximate
6    cause of a death, or a similar out-of-state offense.
7    (e) Any person in violation of this Section who is also in
8violation of Section 7-601 of this Code relating to mandatory
9insurance requirements, in addition to other penalties imposed
10under this Section, shall have his or her motor vehicle
11immediately impounded by the arresting law enforcement
12officer. The motor vehicle may be released to any licensed
13driver upon a showing of proof of insurance for the vehicle
14that was impounded and the notarized written consent for the
15release by the vehicle owner.
16    (f) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be
18admitted as proof of any prior conviction.
19    (g) The motor vehicle used in a violation of this Section
20is subject to seizure and forfeiture as provided in Sections
2136-1 and 36-2 of the Criminal Code of 2012 if the person's
22driving privilege was revoked or suspended as a result of:
23        (1) a violation of Section 11-501 of this Code, a
24    similar provision of a local ordinance, or a similar
25    provision of a law of another state;
26        (2) a violation of paragraph (b) of Section 11-401 of

 

 

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1    this Code, a similar provision of a local ordinance, or a
2    similar provision of a law of another state;
3        (3) a statutory summary suspension or revocation under
4    Section 11-501.1 of this Code or a similar provision of a
5    law of another state; or
6        (4) a violation of Section 9-3 of the Criminal Code of
7    1961 or the Criminal Code of 2012 relating to the offense
8    of reckless homicide, or a violation of subparagraph (F)
9    of paragraph (1) of subsection (d) of Section 11-501 of
10    this Code, relating to the offense of aggravated driving
11    under the influence of alcohol, other drug or drugs, or
12    intoxicating compound or compounds, or any combination
13    thereof when the violation was a proximate cause of a
14    death, or a similar provision of a law of another state.
15(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18;
16100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
17    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
18    Sec. 6-402. Qualifications of driver training schools. In
19order to qualify for a license to operate a driver training
20school, each applicant must:
21        (a) be of good moral character;
22        (b) be at least 21 years of age;
23        (c) maintain an established place of business open to
24    the public which meets the requirements of Section 6-403
25    through 6-407;

 

 

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1        (d) maintain bodily injury and property damage
2    liability insurance on motor vehicles while used in
3    driving instruction, insuring the liability of the driving
4    school, the driving instructors and any person taking
5    instruction in at least the following amounts: $50,000 for
6    bodily injury to or death of one person in any one crash
7    accident and, subject to said limit for one person,
8    $100,000 for bodily injury to or death of 2 or more persons
9    in any one crash accident and the amount of $10,000 for
10    damage to property of others in any one crash accident.
11    Evidence of such insurance coverage in the form of a
12    certificate from the insurance carrier shall be filed with
13    the Secretary of State, and such certificate shall
14    stipulate that the insurance shall not be cancelled except
15    upon 10 days prior written notice to the Secretary of
16    State. The decal showing evidence of insurance shall be
17    affixed to the windshield of the vehicle;
18        (e) provide a continuous surety company bond in the
19    principal sum of $10,000 for a non-accredited school,
20    $40,000 for a CDL or teenage accredited school, $60,000
21    for a CDL accredited and teenage accredited school,
22    $50,000 for a CDL or teenage accredited school with 3 or
23    more licensed branches, $70,000 for a CDL accredited and
24    teenage accredited school with 3 or more licensed branches
25    for the protection of the contractual rights of students
26    in such form as will meet with the approval of the

 

 

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1    Secretary of State and written by a company authorized to
2    do business in this State. However, the aggregate
3    liability of the surety for all breaches of the condition
4    of the bond in no event shall exceed the principal sum of
5    $10,000 for a non-accredited school, $40,000 for a CDL or
6    teenage accredited school, $60,000 for a CDL accredited
7    and teenage accredited school, $50,000 for a CDL or
8    teenage accredited school with 3 or more licensed
9    branches, $70,000 for a CDL accredited and teenage
10    accredited school with 3 or more licensed branches. The
11    surety on any such bond may cancel such bond on giving 30
12    days notice thereof in writing to the Secretary of State
13    and shall be relieved of liability for any breach of any
14    conditions of the bond which occurs after the effective
15    date of cancellation;
16        (f) have the equipment necessary to the giving of
17    proper instruction in the operation of motor vehicles;
18        (g) have and use a business telephone listing for all
19    business purposes;
20        (h) pay to the Secretary of State an application fee
21    of $500 and $50 for each branch application; and
22        (i) authorize an investigation to include a
23    fingerprint based background check to determine if the
24    applicant has ever been convicted of a crime and if so, the
25    disposition of those convictions. The authorization shall
26    indicate the scope of the inquiry and the agencies that

 

 

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1    may be contacted. Upon this authorization, the Secretary
2    of State may request and receive information and
3    assistance from any federal, State, or local governmental
4    agency as part of the authorized investigation. Each
5    applicant shall have his or her fingerprints submitted to
6    the Illinois State Police in the form and manner
7    prescribed by the Illinois State Police. The fingerprints
8    shall be checked against the Illinois State Police and
9    Federal Bureau of Investigation criminal history record
10    information databases. The Illinois State Police shall
11    charge a fee for conducting the criminal history records
12    check, which shall be deposited in the State Police
13    Services Fund and shall not exceed the actual cost of the
14    records check. The applicant shall be required to pay all
15    related fingerprint fees including, but not limited to,
16    the amounts established by the Illinois State Police and
17    the Federal Bureau of Investigation to process fingerprint
18    based criminal background investigations. The Illinois
19    State Police shall provide information concerning any
20    criminal convictions and disposition of criminal
21    convictions brought against the applicant upon request of
22    the Secretary of State provided that the request is made
23    in the form and manner required by the Illinois State
24    Police. Unless otherwise prohibited by law, the
25    information derived from the investigation including the
26    source of the information and any conclusions or

 

 

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1    recommendations derived from the information by the
2    Secretary of State shall be provided to the applicant, or
3    his designee, upon request to the Secretary of State,
4    prior to any final action by the Secretary of State on the
5    application. Any criminal convictions and disposition
6    information obtained by the Secretary of State shall be
7    confidential and may not be transmitted outside the Office
8    of the Secretary of State, except as required herein, and
9    may not be transmitted to anyone within the Office of the
10    Secretary of State except as needed for the purpose of
11    evaluating the applicant. At any administrative hearing
12    held under Section 2-118 of this Code relating to the
13    denial, cancellation, suspension, or revocation of a
14    driver training school license, the Secretary of State is
15    authorized to utilize at that hearing any criminal
16    histories, criminal convictions, and disposition
17    information obtained under this Section. The information
18    obtained from the investigation may be maintained by the
19    Secretary of State or any agency to which the information
20    was transmitted. Only information and standards, which
21    bear a reasonable and rational relation to the performance
22    of a driver training school owner, shall be used by the
23    Secretary of State. Any employee of the Secretary of State
24    who gives or causes to be given away any confidential
25    information concerning any criminal charges or disposition
26    of criminal charges of an applicant shall be guilty of a

 

 

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1    Class A misdemeanor, unless release of the information is
2    authorized by this Section.
3    No license shall be issued under this Section to a person
4who is a spouse, offspring, sibling, parent, grandparent,
5grandchild, uncle or aunt, nephew or niece, cousin, or in-law
6of the person whose license to do business at that location has
7been revoked or denied or to a person who was an officer or
8employee of a business firm that has had its license revoked or
9denied, unless the Secretary of State is satisfied the
10application was submitted in good faith and not for the
11purpose or effect of defeating the intent of this Code.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (625 ILCS 5/6-420)  (from Ch. 95 1/2, par. 6-420)
14    Sec. 6-420. Denial, Cancellation, Suspension, Revocation
15and Failure to Renew License. The Secretary may deny, cancel,
16suspend or revoke, or refuse to renew any driver training
17school license or any driver training instructor license:
18        (1) When the Secretary is satisfied that the licensee
19    fails to meet the requirements to receive or hold a
20    license under this Code;
21        (2) Whenever the licensee fails to keep the records
22    required by this Code;
23        (3) Whenever the licensee permits fraud or engages in
24    fraudulent practices either with reference to a student or
25    the Secretary, or induces or countenances fraud or

 

 

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1    fraudulent practices on the part of any applicant for a
2    driver's license or permit;
3        (4) Whenever the licensee fails to comply with any
4    provision of this Code or any rule of the Secretary made
5    pursuant thereto;
6        (5) Whenever the licensee represents himself as an
7    agent or employee of the Secretary or uses advertising
8    designed to lead or which would reasonably have the effect
9    of leading persons to believe that such licensee is in
10    fact an employee or representative of the Secretary;
11        (6) Whenever the licensee or any employee or agent of
12    the licensee solicits driver training or instruction in an
13    office of any department of the Secretary of State having
14    to do with the administration of any law relating to motor
15    vehicles, or within 1,500 feet of any such office;
16        (7) Whenever the licensee is convicted of driving
17    while under the influence of alcohol, other drugs, or a
18    combination thereof; leaving the scene of a crash an
19    accident; reckless homicide or reckless driving; or
20        (8) Whenever a driver training school advertises that
21    a driver's license is guaranteed upon completion of the
22    course of instruction.
23(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
 
24    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
25    (Text of Section before amendment by P.A. 101-652)

 

 

HB5496- 327 -LRB102 25260 LNS 34533 b

1    Sec. 6-500. Definitions of words and phrases.
2Notwithstanding the definitions set forth elsewhere in this
3Code, for purposes of the Uniform Commercial Driver's License
4Act (UCDLA), the words and phrases listed below have the
5meanings ascribed to them as follows:
6    (1) Alcohol. "Alcohol" means any substance containing any
7form of alcohol, including but not limited to ethanol,
8methanol, propanol, and isopropanol.
9    (2) Alcohol concentration. "Alcohol concentration" means:
10        (A) the number of grams of alcohol per 210 liters of
11    breath; or
12        (B) the number of grams of alcohol per 100 milliliters
13    of blood; or
14        (C) the number of grams of alcohol per 67 milliliters
15    of urine.
16    Alcohol tests administered within 2 hours of the driver
17being "stopped or detained" shall be considered that driver's
18"alcohol concentration" for the purposes of enforcing this
19UCDLA.
20    (3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (5.3) CDLIS driver record. "CDLIS driver record" means the
24electronic record of the individual CDL driver's status and
25history stored by the State-of-Record as part of the
26Commercial Driver's License Information System, or CDLIS,

 

 

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1established under 49 U.S.C. 31309.
2    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
3record" or "CDLIS MVR" means a report generated from the CDLIS
4driver record meeting the requirements for access to CDLIS
5information and provided by states to users authorized in 49
6C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
7Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
8    (5.7) Commercial driver's license downgrade. "Commercial
9driver's license downgrade" or "CDL downgrade" means either:
10        (A) a state allows the driver to change his or her
11    self-certification to interstate, but operating
12    exclusively in transportation or operation excepted from
13    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
14    391.2, 391.68, or 398.3;
15        (B) a state allows the driver to change his or her
16    self-certification to intrastate only, if the driver
17    qualifies under that state's physical qualification
18    requirements for intrastate only;
19        (C) a state allows the driver to change his or her
20    certification to intrastate, but operating exclusively in
21    transportation or operations excepted from all or part of
22    the state driver qualification requirements; or
23        (D) a state removes the CDL privilege from the driver
24    license.
25    (6) Commercial Motor Vehicle.
26        (A) "Commercial motor vehicle" or "CMV" means a motor

 

 

HB5496- 329 -LRB102 25260 LNS 34533 b

1    vehicle or combination of motor vehicles used in commerce,
2    except those referred to in subdivision (B), designed to
3    transport passengers or property if the motor vehicle:
4            (i) has a gross combination weight rating or gross
5        combination weight of 11,794 kilograms or more (26,001
6        pounds or more), whichever is greater, inclusive of
7        any towed unit with a gross vehicle weight rating or
8        gross vehicle weight of more than 4,536 kilograms
9        (10,000 pounds), whichever is greater; or
10            (i-5) has a gross vehicle weight rating or gross
11        vehicle weight of 11,794 or more kilograms (26,001
12        pounds or more), whichever is greater; or
13            (ii) is designed to transport 16 or more persons,
14        including the driver; or
15            (iii) is of any size and is used in transporting
16        hazardous materials as defined in 49 C.F.R. 383.5.
17        (B) Pursuant to the interpretation of the Commercial
18    Motor Vehicle Safety Act of 1986 by the Federal Highway
19    Administration, the definition of "commercial motor
20    vehicle" does not include:
21            (i) recreational vehicles, when operated primarily
22        for personal use;
23            (ii) vehicles owned by or operated under the
24        direction of the United States Department of Defense
25        or the United States Coast Guard only when operated by
26        non-civilian personnel. This includes any operator on

 

 

HB5496- 330 -LRB102 25260 LNS 34533 b

1        active military duty; members of the Reserves;
2        National Guard; personnel on part-time training; and
3        National Guard military technicians (civilians who are
4        required to wear military uniforms and are subject to
5        the Code of Military Justice); or
6            (iii) firefighting, police, and other emergency
7        equipment (including, without limitation, equipment
8        owned or operated by a HazMat or technical rescue team
9        authorized by a county board under Section 5-1127 of
10        the Counties Code), with audible and visual signals,
11        owned or operated by or for a governmental entity,
12        which is necessary to the preservation of life or
13        property or the execution of emergency governmental
14        functions which are normally not subject to general
15        traffic rules and regulations.
16    (7) Controlled Substance. "Controlled substance" shall
17have the same meaning as defined in Section 102 of the Illinois
18Controlled Substances Act, and shall also include cannabis as
19defined in Section 3 of the Cannabis Control Act and
20methamphetamine as defined in Section 10 of the
21Methamphetamine Control and Community Protection Act.
22    (8) Conviction. "Conviction" means an unvacated
23adjudication of guilt or a determination that a person has
24violated or failed to comply with the law in a court of
25original jurisdiction or by an authorized administrative
26tribunal; an unvacated forfeiture of bail or collateral

 

 

HB5496- 331 -LRB102 25260 LNS 34533 b

1deposited to secure the person's appearance in court; a plea
2of guilty or nolo contendere accepted by the court; the
3payment of a fine or court cost regardless of whether the
4imposition of sentence is deferred and ultimately a judgment
5dismissing the underlying charge is entered; or a violation of
6a condition of release without bail, regardless of whether or
7not the penalty is rebated, suspended or probated.
8    (8.5) Day. "Day" means calendar day.
9    (9) (Blank).
10    (10) (Blank).
11    (11) (Blank).
12    (12) (Blank).
13    (13) Driver. "Driver" means any person who drives,
14operates, or is in physical control of a commercial motor
15vehicle, any person who is required to hold a CDL, or any
16person who is a holder of a CDL while operating a
17non-commercial motor vehicle.
18    (13.5) Driver applicant. "Driver applicant" means an
19individual who applies to a state or other jurisdiction to
20obtain, transfer, upgrade, or renew a CDL or to obtain or renew
21a CLP.
22    (13.8) Electronic device. "Electronic device" includes,
23but is not limited to, a cellular telephone, personal digital
24assistant, pager, computer, or any other device used to input,
25write, send, receive, or read text.
26    (14) Employee. "Employee" means a person who is employed

 

 

HB5496- 332 -LRB102 25260 LNS 34533 b

1as a commercial motor vehicle driver. A person who is
2self-employed as a commercial motor vehicle driver must comply
3with the requirements of this UCDLA pertaining to employees.
4An owner-operator on a long-term lease shall be considered an
5employee.
6    (15) Employer. "Employer" means a person (including the
7United States, a State or a local authority) who owns or leases
8a commercial motor vehicle or assigns employees to operate
9such a vehicle. A person who is self-employed as a commercial
10motor vehicle driver must comply with the requirements of this
11UCDLA.
12    (15.1) Endorsement. "Endorsement" means an authorization
13to an individual's CLP or CDL required to permit the
14individual to operate certain types of commercial motor
15vehicles.
16    (15.2) Entry-level driver training. "Entry-level driver
17training" means the training an entry-level driver receives
18from an entity listed on the Federal Motor Carrier Safety
19Administration's Training Provider Registry prior to: (i)
20taking the CDL skills test required to receive the Class A or
21Class B CDL for the first time; (ii) taking the CDL skills test
22required to upgrade to a Class A or Class B CDL; or (iii)
23taking the CDL skills test required to obtain a passenger or
24school bus endorsement for the first time or the CDL knowledge
25test required to obtain a hazardous materials endorsement for
26the first time.

 

 

HB5496- 333 -LRB102 25260 LNS 34533 b

1    (15.3) Excepted interstate. "Excepted interstate" means a
2person who operates or expects to operate in interstate
3commerce, but engages exclusively in transportation or
4operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
5or 398.3 from all or part of the qualification requirements of
649 C.F.R. Part 391 and is not required to obtain a medical
7examiner's certificate by 49 C.F.R. 391.45.
8    (15.5) Excepted intrastate. "Excepted intrastate" means a
9person who operates in intrastate commerce but engages
10exclusively in transportation or operations excepted from all
11or parts of the state driver qualification requirements.
12    (16) (Blank).
13    (16.5) Fatality. "Fatality" means the death of a person as
14a result of a motor vehicle crash accident.
15    (16.7) Foreign commercial driver. "Foreign commercial
16driver" means a person licensed to operate a commercial motor
17vehicle by an authority outside the United States, or a
18citizen of a foreign country who operates a commercial motor
19vehicle in the United States.
20    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
21sovereign jurisdiction that does not fall within the
22definition of "State".
23    (18) (Blank).
24    (19) (Blank).
25    (20) Hazardous materials. "Hazardous material" means any
26material that has been designated under 49 U.S.C. 5103 and is

 

 

HB5496- 334 -LRB102 25260 LNS 34533 b

1required to be placarded under subpart F of 49 C.F.R. part 172
2or any quantity of a material listed as a select agent or toxin
3in 42 C.F.R. part 73.
4    (20.5) Imminent Hazard. "Imminent hazard" means the
5existence of any condition of a vehicle, employee, or
6commercial motor vehicle operations that substantially
7increases the likelihood of serious injury or death if not
8discontinued immediately; or a condition relating to hazardous
9material that presents a substantial likelihood that death,
10serious illness, severe personal injury, or a substantial
11endangerment to health, property, or the environment may occur
12before the reasonably foreseeable completion date of a formal
13proceeding begun to lessen the risk of that death, illness,
14injury or endangerment.
15    (20.6) Issuance. "Issuance" means initial issuance,
16transfer, renewal, or upgrade of a CLP or CDL and
17non-domiciled CLP or CDL.
18    (20.7) Issue. "Issue" means initial issuance, transfer,
19renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
20non-domiciled CDL.
21    (21) Long-term lease. "Long-term lease" means a lease of a
22commercial motor vehicle by the owner-lessor to a lessee, for
23a period of more than 29 days.
24    (21.01) Manual transmission. "Manual transmission" means a
25transmission utilizing a driver-operated clutch that is
26activated by a pedal or lever and a gear-shift mechanism

 

 

HB5496- 335 -LRB102 25260 LNS 34533 b

1operated either by hand or foot including those known as a
2stick shift, stick, straight drive, or standard transmission.
3All other transmissions, whether semi-automatic or automatic,
4shall be considered automatic for the purposes of the
5standardized restriction code.
6    (21.1) Medical examiner. "Medical examiner" means an
7individual certified by the Federal Motor Carrier Safety
8Administration and listed on the National Registry of
9Certified Medical Examiners in accordance with Federal Motor
10Carrier Safety Regulations, 49 CFR 390.101 et seq.
11    (21.2) Medical examiner's certificate. "Medical examiner's
12certificate" means either (1) prior to June 22, 2021, a
13document prescribed or approved by the Secretary of State that
14is issued by a medical examiner to a driver to medically
15qualify him or her to drive; or (2) beginning June 22, 2021, an
16electronic submission of results of an examination conducted
17by a medical examiner listed on the National Registry of
18Certified Medical Examiners to the Federal Motor Carrier
19Safety Administration of a driver to medically qualify him or
20her to drive.
21    (21.5) Medical variance. "Medical variance" means a driver
22has received one of the following from the Federal Motor
23Carrier Safety Administration which allows the driver to be
24issued a medical certificate: (1) an exemption letter
25permitting operation of a commercial motor vehicle pursuant to
2649 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

 

 

HB5496- 336 -LRB102 25260 LNS 34533 b

1skill performance evaluation (SPE) certificate permitting
2operation of a commercial motor vehicle pursuant to 49 C.F.R.
3391.49.
4    (21.7) Mobile telephone. "Mobile telephone" means a mobile
5communication device that falls under or uses any commercial
6mobile radio service, as defined in regulations of the Federal
7Communications Commission, 47 CFR 20.3. It does not include
8two-way or citizens band radio services.
9    (22) Motor Vehicle. "Motor vehicle" means every vehicle
10which is self-propelled, and every vehicle which is propelled
11by electric power obtained from over head trolley wires but
12not operated upon rails, except vehicles moved solely by human
13power and motorized wheel chairs.
14    (22.2) Motor vehicle record. "Motor vehicle record" means
15a report of the driving status and history of a driver
16generated from the driver record provided to users, such as
17drivers or employers, and is subject to the provisions of the
18Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
19    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
20combination of motor vehicles not defined by the term
21"commercial motor vehicle" or "CMV" in this Section.
22    (22.7) Non-excepted interstate. "Non-excepted interstate"
23means a person who operates or expects to operate in
24interstate commerce, is subject to and meets the qualification
25requirements under 49 C.F.R. Part 391, and is required to
26obtain a medical examiner's certificate by 49 C.F.R. 391.45.

 

 

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1    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
2means a person who operates only in intrastate commerce and is
3subject to State driver qualification requirements.
4    (23) Non-domiciled CLP or Non-domiciled CDL.
5"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
6respectively, issued by a state or other jurisdiction under
7either of the following two conditions:
8        (i) to an individual domiciled in a foreign country
9    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
10    of the Federal Motor Carrier Safety Administration.
11        (ii) to an individual domiciled in another state
12    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
13    of the Federal Motor Carrier Safety Administration.
14    (24) (Blank).
15    (25) (Blank).
16    (25.5) Railroad-Highway Grade Crossing Violation.
17"Railroad-highway grade crossing violation" means a violation,
18while operating a commercial motor vehicle, of any of the
19following:
20        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
21        (B) Any other similar law or local ordinance of any
22    state relating to railroad-highway grade crossing.
23    (25.7) School Bus. "School bus" means a commercial motor
24vehicle used to transport pre-primary, primary, or secondary
25school students from home to school, from school to home, or to
26and from school-sponsored events. "School bus" does not

 

 

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1include a bus used as a common carrier.
2    (26) Serious Traffic Violation. "Serious traffic
3violation" means:
4        (A) a conviction when operating a commercial motor
5    vehicle, or when operating a non-CMV while holding a CLP
6    or CDL, of:
7            (i) a violation relating to excessive speeding,
8        involving a single speeding charge of 15 miles per
9        hour or more above the legal speed limit; or
10            (ii) a violation relating to reckless driving; or
11            (iii) a violation of any State law or local
12        ordinance relating to motor vehicle traffic control
13        (other than parking violations) arising in connection
14        with a fatal traffic crash accident; or
15            (iv) a violation of Section 6-501, relating to
16        having multiple driver's licenses; or
17            (v) a violation of paragraph (a) of Section 6-507,
18        relating to the requirement to have a valid CLP or CDL;
19        or
20            (vi) a violation relating to improper or erratic
21        traffic lane changes; or
22            (vii) a violation relating to following another
23        vehicle too closely; or
24            (viii) a violation relating to texting while
25        driving; or
26            (ix) a violation relating to the use of a

 

 

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1        hand-held mobile telephone while driving; or
2        (B) any other similar violation of a law or local
3    ordinance of any state relating to motor vehicle traffic
4    control, other than a parking violation, which the
5    Secretary of State determines by administrative rule to be
6    serious.
7    (27) State. "State" means a state of the United States,
8the District of Columbia and any province or territory of
9Canada.
10    (28) (Blank).
11    (29) (Blank).
12    (30) (Blank).
13    (31) (Blank).
14    (32) Texting. "Texting" means manually entering
15alphanumeric text into, or reading text from, an electronic
16device.
17        (1) Texting includes, but is not limited to, short
18    message service, emailing, instant messaging, a command or
19    request to access a World Wide Web page, pressing more
20    than a single button to initiate or terminate a voice
21    communication using a mobile telephone, or engaging in any
22    other form of electronic text retrieval or entry for
23    present or future communication.
24        (2) Texting does not include:
25            (i) inputting, selecting, or reading information
26        on a global positioning system or navigation system;

 

 

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1        or
2            (ii) pressing a single button to initiate or
3        terminate a voice communication using a mobile
4        telephone; or
5            (iii) using a device capable of performing
6        multiple functions (for example, a fleet management
7        system, dispatching device, smart phone, citizens band
8        radio, or music player) for a purpose that is not
9        otherwise prohibited by Part 392 of the Federal Motor
10        Carrier Safety Regulations.
11    (32.3) Third party skills test examiner. "Third party
12skills test examiner" means a person employed by a third party
13tester who is authorized by the State to administer the CDL
14skills tests specified in 49 C.F.R. Part 383, subparts G and H.
15    (32.5) Third party tester. "Third party tester" means a
16person (including, but not limited to, another state, a motor
17carrier, a private driver training facility or other private
18institution, or a department, agency, or instrumentality of a
19local government) authorized by the State to employ skills
20test examiners to administer the CDL skills tests specified in
2149 C.F.R. Part 383, subparts G and H.
22    (32.7) United States. "United States" means the 50 states
23and the District of Columbia.
24    (33) Use a hand-held mobile telephone. "Use a hand-held
25mobile telephone" means:
26        (1) using at least one hand to hold a mobile telephone

 

 

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1    to conduct a voice communication;
2        (2) dialing or answering a mobile telephone by
3    pressing more than a single button; or
4        (3) reaching for a mobile telephone in a manner that
5    requires a driver to maneuver so that he or she is no
6    longer in a seated driving position, restrained by a seat
7    belt that is installed in accordance with 49 CFR 393.93
8    and adjusted in accordance with the vehicle manufacturer's
9    instructions.
10(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 
11    (Text of Section after amendment by P.A. 101-652)
12    Sec. 6-500. Definitions of words and phrases.
13Notwithstanding the definitions set forth elsewhere in this
14Code, for purposes of the Uniform Commercial Driver's License
15Act (UCDLA), the words and phrases listed below have the
16meanings ascribed to them as follows:
17    (1) Alcohol. "Alcohol" means any substance containing any
18form of alcohol, including but not limited to ethanol,
19methanol, propanol, and isopropanol.
20    (2) Alcohol concentration. "Alcohol concentration" means:
21        (A) the number of grams of alcohol per 210 liters of
22    breath; or
23        (B) the number of grams of alcohol per 100 milliliters
24    of blood; or
25        (C) the number of grams of alcohol per 67 milliliters

 

 

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1    of urine.
2    Alcohol tests administered within 2 hours of the driver
3being "stopped or detained" shall be considered that driver's
4"alcohol concentration" for the purposes of enforcing this
5UCDLA.
6    (3) (Blank).
7    (4) (Blank).
8    (5) (Blank).
9    (5.3) CDLIS driver record. "CDLIS driver record" means the
10electronic record of the individual CDL driver's status and
11history stored by the State-of-Record as part of the
12Commercial Driver's License Information System, or CDLIS,
13established under 49 U.S.C. 31309.
14    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
15record" or "CDLIS MVR" means a report generated from the CDLIS
16driver record meeting the requirements for access to CDLIS
17information and provided by states to users authorized in 49
18C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
19Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
20    (5.7) Commercial driver's license downgrade. "Commercial
21driver's license downgrade" or "CDL downgrade" means either:
22        (A) a state allows the driver to change his or her
23    self-certification to interstate, but operating
24    exclusively in transportation or operation excepted from
25    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
26    391.2, 391.68, or 398.3;

 

 

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1        (B) a state allows the driver to change his or her
2    self-certification to intrastate only, if the driver
3    qualifies under that state's physical qualification
4    requirements for intrastate only;
5        (C) a state allows the driver to change his or her
6    certification to intrastate, but operating exclusively in
7    transportation or operations excepted from all or part of
8    the state driver qualification requirements; or
9        (D) a state removes the CDL privilege from the driver
10    license.
11    (6) Commercial Motor Vehicle.
12        (A) "Commercial motor vehicle" or "CMV" means a motor
13    vehicle or combination of motor vehicles used in commerce,
14    except those referred to in subdivision (B), designed to
15    transport passengers or property if the motor vehicle:
16            (i) has a gross combination weight rating or gross
17        combination weight of 11,794 kilograms or more (26,001
18        pounds or more), whichever is greater, inclusive of
19        any towed unit with a gross vehicle weight rating or
20        gross vehicle weight of more than 4,536 kilograms
21        (10,000 pounds), whichever is greater; or
22            (i-5) has a gross vehicle weight rating or gross
23        vehicle weight of 11,794 or more kilograms (26,001
24        pounds or more), whichever is greater; or
25            (ii) is designed to transport 16 or more persons,
26        including the driver; or

 

 

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1            (iii) is of any size and is used in transporting
2        hazardous materials as defined in 49 C.F.R. 383.5.
3        (B) Pursuant to the interpretation of the Commercial
4    Motor Vehicle Safety Act of 1986 by the Federal Highway
5    Administration, the definition of "commercial motor
6    vehicle" does not include:
7            (i) recreational vehicles, when operated primarily
8        for personal use;
9            (ii) vehicles owned by or operated under the
10        direction of the United States Department of Defense
11        or the United States Coast Guard only when operated by
12        non-civilian personnel. This includes any operator on
13        active military duty; members of the Reserves;
14        National Guard; personnel on part-time training; and
15        National Guard military technicians (civilians who are
16        required to wear military uniforms and are subject to
17        the Code of Military Justice); or
18            (iii) firefighting, police, and other emergency
19        equipment (including, without limitation, equipment
20        owned or operated by a HazMat or technical rescue team
21        authorized by a county board under Section 5-1127 of
22        the Counties Code), with audible and visual signals,
23        owned or operated by or for a governmental entity,
24        which is necessary to the preservation of life or
25        property or the execution of emergency governmental
26        functions which are normally not subject to general

 

 

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1        traffic rules and regulations.
2    (7) Controlled Substance. "Controlled substance" shall
3have the same meaning as defined in Section 102 of the Illinois
4Controlled Substances Act, and shall also include cannabis as
5defined in Section 3 of the Cannabis Control Act and
6methamphetamine as defined in Section 10 of the
7Methamphetamine Control and Community Protection Act.
8    (8) Conviction. "Conviction" means an unvacated
9adjudication of guilt or a determination that a person has
10violated or failed to comply with the law in a court of
11original jurisdiction or by an authorized administrative
12tribunal; an unvacated revocation of pretrial release or
13forfeiture of bail or collateral deposited to secure the
14person's appearance in court; a plea of guilty or nolo
15contendere accepted by the court; the payment of a fine or
16court cost regardless of whether the imposition of sentence is
17deferred and ultimately a judgment dismissing the underlying
18charge is entered; or a violation of a condition of pretrial
19release without bail, regardless of whether or not the penalty
20is rebated, suspended or probated.
21    (8.5) Day. "Day" means calendar day.
22    (9) (Blank).
23    (10) (Blank).
24    (11) (Blank).
25    (12) (Blank).
26    (13) Driver. "Driver" means any person who drives,

 

 

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1operates, or is in physical control of a commercial motor
2vehicle, any person who is required to hold a CDL, or any
3person who is a holder of a CDL while operating a
4non-commercial motor vehicle.
5    (13.5) Driver applicant. "Driver applicant" means an
6individual who applies to a state or other jurisdiction to
7obtain, transfer, upgrade, or renew a CDL or to obtain or renew
8a CLP.
9    (13.8) Electronic device. "Electronic device" includes,
10but is not limited to, a cellular telephone, personal digital
11assistant, pager, computer, or any other device used to input,
12write, send, receive, or read text.
13    (14) Employee. "Employee" means a person who is employed
14as a commercial motor vehicle driver. A person who is
15self-employed as a commercial motor vehicle driver must comply
16with the requirements of this UCDLA pertaining to employees.
17An owner-operator on a long-term lease shall be considered an
18employee.
19    (15) Employer. "Employer" means a person (including the
20United States, a State or a local authority) who owns or leases
21a commercial motor vehicle or assigns employees to operate
22such a vehicle. A person who is self-employed as a commercial
23motor vehicle driver must comply with the requirements of this
24UCDLA.
25    (15.1) Endorsement. "Endorsement" means an authorization
26to an individual's CLP or CDL required to permit the

 

 

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1individual to operate certain types of commercial motor
2vehicles.
3    (15.2) Entry-level driver training. "Entry-level driver
4training" means the training an entry-level driver receives
5from an entity listed on the Federal Motor Carrier Safety
6Administration's Training Provider Registry prior to: (i)
7taking the CDL skills test required to receive the Class A or
8Class B CDL for the first time; (ii) taking the CDL skills test
9required to upgrade to a Class A or Class B CDL; or (iii)
10taking the CDL skills test required to obtain a passenger or
11school bus endorsement for the first time or the CDL knowledge
12test required to obtain a hazardous materials endorsement for
13the first time.
14    (15.3) Excepted interstate. "Excepted interstate" means a
15person who operates or expects to operate in interstate
16commerce, but engages exclusively in transportation or
17operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
18or 398.3 from all or part of the qualification requirements of
1949 C.F.R. Part 391 and is not required to obtain a medical
20examiner's certificate by 49 C.F.R. 391.45.
21    (15.5) Excepted intrastate. "Excepted intrastate" means a
22person who operates in intrastate commerce but engages
23exclusively in transportation or operations excepted from all
24or parts of the state driver qualification requirements.
25    (16) (Blank).
26    (16.5) Fatality. "Fatality" means the death of a person as

 

 

HB5496- 348 -LRB102 25260 LNS 34533 b

1a result of a motor vehicle crash accident.
2    (16.7) Foreign commercial driver. "Foreign commercial
3driver" means a person licensed to operate a commercial motor
4vehicle by an authority outside the United States, or a
5citizen of a foreign country who operates a commercial motor
6vehicle in the United States.
7    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
8sovereign jurisdiction that does not fall within the
9definition of "State".
10    (18) (Blank).
11    (19) (Blank).
12    (20) Hazardous materials. "Hazardous material" means any
13material that has been designated under 49 U.S.C. 5103 and is
14required to be placarded under subpart F of 49 C.F.R. part 172
15or any quantity of a material listed as a select agent or toxin
16in 42 C.F.R. part 73.
17    (20.5) Imminent Hazard. "Imminent hazard" means the
18existence of any condition of a vehicle, employee, or
19commercial motor vehicle operations that substantially
20increases the likelihood of serious injury or death if not
21discontinued immediately; or a condition relating to hazardous
22material that presents a substantial likelihood that death,
23serious illness, severe personal injury, or a substantial
24endangerment to health, property, or the environment may occur
25before the reasonably foreseeable completion date of a formal
26proceeding begun to lessen the risk of that death, illness,

 

 

HB5496- 349 -LRB102 25260 LNS 34533 b

1injury or endangerment.
2    (20.6) Issuance. "Issuance" means initial issuance,
3transfer, renewal, or upgrade of a CLP or CDL and
4non-domiciled CLP or CDL.
5    (20.7) Issue. "Issue" means initial issuance, transfer,
6renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
7non-domiciled CDL.
8    (21) Long-term lease. "Long-term lease" means a lease of a
9commercial motor vehicle by the owner-lessor to a lessee, for
10a period of more than 29 days.
11    (21.01) Manual transmission. "Manual transmission" means a
12transmission utilizing a driver-operated clutch that is
13activated by a pedal or lever and a gear-shift mechanism
14operated either by hand or foot including those known as a
15stick shift, stick, straight drive, or standard transmission.
16All other transmissions, whether semi-automatic or automatic,
17shall be considered automatic for the purposes of the
18standardized restriction code.
19    (21.1) Medical examiner. "Medical examiner" means an
20individual certified by the Federal Motor Carrier Safety
21Administration and listed on the National Registry of
22Certified Medical Examiners in accordance with Federal Motor
23Carrier Safety Regulations, 49 CFR 390.101 et seq.
24    (21.2) Medical examiner's certificate. "Medical examiner's
25certificate" means either (1) prior to June 22, 2021, a
26document prescribed or approved by the Secretary of State that

 

 

HB5496- 350 -LRB102 25260 LNS 34533 b

1is issued by a medical examiner to a driver to medically
2qualify him or her to drive; or (2) beginning June 22, 2021, an
3electronic submission of results of an examination conducted
4by a medical examiner listed on the National Registry of
5Certified Medical Examiners to the Federal Motor Carrier
6Safety Administration of a driver to medically qualify him or
7her to drive.
8    (21.5) Medical variance. "Medical variance" means a driver
9has received one of the following from the Federal Motor
10Carrier Safety Administration which allows the driver to be
11issued a medical certificate: (1) an exemption letter
12permitting operation of a commercial motor vehicle pursuant to
1349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
14skill performance evaluation (SPE) certificate permitting
15operation of a commercial motor vehicle pursuant to 49 C.F.R.
16391.49.
17    (21.7) Mobile telephone. "Mobile telephone" means a mobile
18communication device that falls under or uses any commercial
19mobile radio service, as defined in regulations of the Federal
20Communications Commission, 47 CFR 20.3. It does not include
21two-way or citizens band radio services.
22    (22) Motor Vehicle. "Motor vehicle" means every vehicle
23which is self-propelled, and every vehicle which is propelled
24by electric power obtained from over head trolley wires but
25not operated upon rails, except vehicles moved solely by human
26power and motorized wheel chairs.

 

 

HB5496- 351 -LRB102 25260 LNS 34533 b

1    (22.2) Motor vehicle record. "Motor vehicle record" means
2a report of the driving status and history of a driver
3generated from the driver record provided to users, such as
4drivers or employers, and is subject to the provisions of the
5Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
6    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
7combination of motor vehicles not defined by the term
8"commercial motor vehicle" or "CMV" in this Section.
9    (22.7) Non-excepted interstate. "Non-excepted interstate"
10means a person who operates or expects to operate in
11interstate commerce, is subject to and meets the qualification
12requirements under 49 C.F.R. Part 391, and is required to
13obtain a medical examiner's certificate by 49 C.F.R. 391.45.
14    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
15means a person who operates only in intrastate commerce and is
16subject to State driver qualification requirements.
17    (23) Non-domiciled CLP or Non-domiciled CDL.
18"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
19respectively, issued by a state or other jurisdiction under
20either of the following two conditions:
21        (i) to an individual domiciled in a foreign country
22    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
23    of the Federal Motor Carrier Safety Administration.
24        (ii) to an individual domiciled in another state
25    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

HB5496- 352 -LRB102 25260 LNS 34533 b

1    (24) (Blank).
2    (25) (Blank).
3    (25.5) Railroad-Highway Grade Crossing Violation.
4"Railroad-highway grade crossing violation" means a violation,
5while operating a commercial motor vehicle, of any of the
6following:
7        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
8        (B) Any other similar law or local ordinance of any
9    state relating to railroad-highway grade crossing.
10    (25.7) School Bus. "School bus" means a commercial motor
11vehicle used to transport pre-primary, primary, or secondary
12school students from home to school, from school to home, or to
13and from school-sponsored events. "School bus" does not
14include a bus used as a common carrier.
15    (26) Serious Traffic Violation. "Serious traffic
16violation" means:
17        (A) a conviction when operating a commercial motor
18    vehicle, or when operating a non-CMV while holding a CLP
19    or CDL, of:
20            (i) a violation relating to excessive speeding,
21        involving a single speeding charge of 15 miles per
22        hour or more above the legal speed limit; or
23            (ii) a violation relating to reckless driving; or
24            (iii) a violation of any State law or local
25        ordinance relating to motor vehicle traffic control
26        (other than parking violations) arising in connection

 

 

HB5496- 353 -LRB102 25260 LNS 34533 b

1        with a fatal traffic crash accident; or
2            (iv) a violation of Section 6-501, relating to
3        having multiple driver's licenses; or
4            (v) a violation of paragraph (a) of Section 6-507,
5        relating to the requirement to have a valid CLP or CDL;
6        or
7            (vi) a violation relating to improper or erratic
8        traffic lane changes; or
9            (vii) a violation relating to following another
10        vehicle too closely; or
11            (viii) a violation relating to texting while
12        driving; or
13            (ix) a violation relating to the use of a
14        hand-held mobile telephone while driving; or
15        (B) any other similar violation of a law or local
16    ordinance of any state relating to motor vehicle traffic
17    control, other than a parking violation, which the
18    Secretary of State determines by administrative rule to be
19    serious.
20    (27) State. "State" means a state of the United States,
21the District of Columbia and any province or territory of
22Canada.
23    (28) (Blank).
24    (29) (Blank).
25    (30) (Blank).
26    (31) (Blank).

 

 

HB5496- 354 -LRB102 25260 LNS 34533 b

1    (32) Texting. "Texting" means manually entering
2alphanumeric text into, or reading text from, an electronic
3device.
4        (1) Texting includes, but is not limited to, short
5    message service, emailing, instant messaging, a command or
6    request to access a World Wide Web page, pressing more
7    than a single button to initiate or terminate a voice
8    communication using a mobile telephone, or engaging in any
9    other form of electronic text retrieval or entry for
10    present or future communication.
11        (2) Texting does not include:
12            (i) inputting, selecting, or reading information
13        on a global positioning system or navigation system;
14        or
15            (ii) pressing a single button to initiate or
16        terminate a voice communication using a mobile
17        telephone; or
18            (iii) using a device capable of performing
19        multiple functions (for example, a fleet management
20        system, dispatching device, smart phone, citizens band
21        radio, or music player) for a purpose that is not
22        otherwise prohibited by Part 392 of the Federal Motor
23        Carrier Safety Regulations.
24    (32.3) Third party skills test examiner. "Third party
25skills test examiner" means a person employed by a third party
26tester who is authorized by the State to administer the CDL

 

 

HB5496- 355 -LRB102 25260 LNS 34533 b

1skills tests specified in 49 C.F.R. Part 383, subparts G and H.
2    (32.5) Third party tester. "Third party tester" means a
3person (including, but not limited to, another state, a motor
4carrier, a private driver training facility or other private
5institution, or a department, agency, or instrumentality of a
6local government) authorized by the State to employ skills
7test examiners to administer the CDL skills tests specified in
849 C.F.R. Part 383, subparts G and H.
9    (32.7) United States. "United States" means the 50 states
10and the District of Columbia.
11    (33) Use a hand-held mobile telephone. "Use a hand-held
12mobile telephone" means:
13        (1) using at least one hand to hold a mobile telephone
14    to conduct a voice communication;
15        (2) dialing or answering a mobile telephone by
16    pressing more than a single button; or
17        (3) reaching for a mobile telephone in a manner that
18    requires a driver to maneuver so that he or she is no
19    longer in a seated driving position, restrained by a seat
20    belt that is installed in accordance with 49 CFR 393.93
21    and adjusted in accordance with the vehicle manufacturer's
22    instructions.
23(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
24101-652, eff. 1-1-23.)
 
25    (625 ILCS 5/6-500.2)  (from Ch. 95 1/2, par. 6-500.2)

 

 

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1    Sec. 6-500.2. Statement of intent and purpose. The purpose
2of this UCDLA is to implement the federal Commercial Motor
3Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law
499-570) and reduce or prevent commercial motor vehicle crashes
5accidents, fatalities and injuries by:
6    (a) permitting commercial drivers to hold only one
7driver's license;
8    (b) disqualifying commercial drivers who have committed
9certain serious traffic violations, or other specified
10offenses; and
11    (c) strengthening commercial driver licensing and testing
12standards.
13    This UCDLA is remedial in nature and should be liberally
14construed to promote the public's health, safety and welfare.
15To the extent that this UCDLA conflicts with any other
16provisions of this Code, the UCDLA shall prevail. Where this
17UCDLA is silent, the other general provisions of this Code
18shall apply.
19(Source: P.A. 86-845.)
 
20    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
21    Sec. 6-514. Commercial driver's license (CDL); commercial
22learner's permit (CLP); disqualifications.
23    (a) A person shall be disqualified from driving a
24commercial motor vehicle for a period of not less than 12
25months for the first violation of:

 

 

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1        (1) Refusing to submit to or failure to complete a
2    test or tests to determine the driver's blood
3    concentration of alcohol, other drug, or both while
4    driving a commercial motor vehicle or, if the driver is a
5    CLP or CDL holder, while driving a non-CMV; or
6        (2) Operating a commercial motor vehicle while the
7    alcohol concentration of the person's blood, breath, other
8    bodily substance, or urine is at least 0.04, or any amount
9    of a drug, substance, or compound in the person's blood,
10    other bodily substance, or urine resulting from the
11    unlawful use or consumption of cannabis listed in the
12    Cannabis Control Act, a controlled substance listed in the
13    Illinois Controlled Substances Act, or methamphetamine as
14    listed in the Methamphetamine Control and Community
15    Protection Act as indicated by a police officer's sworn
16    report or other verified evidence; or operating a
17    non-commercial motor vehicle while the alcohol
18    concentration of the person's blood, breath, other bodily
19    substance, or urine was above the legal limit defined in
20    Section 11-501.1 or 11-501.8 or any amount of a drug,
21    substance, or compound in the person's blood, other bodily
22    substance, or urine resulting from the unlawful use or
23    consumption of cannabis listed in the Cannabis Control
24    Act, a controlled substance listed in the Illinois
25    Controlled Substances Act, or methamphetamine as listed in
26    the Methamphetamine Control and Community Protection Act

 

 

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1    as indicated by a police officer's sworn report or other
2    verified evidence while holding a CLP or CDL; or
3        (3) Conviction for a first violation of:
4            (i) Driving a commercial motor vehicle or, if the
5        driver is a CLP or CDL holder, driving a non-CMV while
6        under the influence of alcohol, or any other drug, or
7        combination of drugs to a degree which renders such
8        person incapable of safely driving; or
9            (ii) Knowingly leaving the scene of a crash an
10        accident while operating a commercial motor vehicle
11        or, if the driver is a CLP or CDL holder, while driving
12        a non-CMV; or
13            (iii) Driving a commercial motor vehicle or, if
14        the driver is a CLP or CDL holder, driving a non-CMV
15        while committing any felony; or
16            (iv) Driving a commercial motor vehicle while the
17        person's driving privileges or driver's license or
18        permit is revoked, suspended, or cancelled or the
19        driver is disqualified from operating a commercial
20        motor vehicle; or
21            (v) Causing a fatality through the negligent
22        operation of a commercial motor vehicle, including but
23        not limited to the crimes of motor vehicle
24        manslaughter, homicide by a motor vehicle, and
25        negligent homicide.
26            As used in this subdivision (a)(3)(v), "motor

 

 

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1        vehicle manslaughter" means the offense of involuntary
2        manslaughter if committed by means of a vehicle;
3        "homicide by a motor vehicle" means the offense of
4        first degree murder or second degree murder, if either
5        offense is committed by means of a vehicle; and
6        "negligent homicide" means reckless homicide under
7        Section 9-3 of the Criminal Code of 1961 or the
8        Criminal Code of 2012 and aggravated driving under the
9        influence of alcohol, other drug or drugs,
10        intoxicating compound or compounds, or any combination
11        thereof under subdivision (d)(1)(F) of Section 11-501
12        of this Code.
13        If any of the above violations or refusals occurred
14    while transporting hazardous material(s) required to be
15    placarded, the person shall be disqualified for a period
16    of not less than 3 years; or
17        (4) (Blank).
18    (b) A person is disqualified for life for a second
19conviction of any of the offenses specified in paragraph (a),
20or any combination of those offenses, arising from 2 or more
21separate incidents.
22    (c) A person is disqualified from driving a commercial
23motor vehicle for life if the person either (i) uses a
24commercial motor vehicle in the commission of any felony
25involving the manufacture, distribution, or dispensing of a
26controlled substance, or possession with intent to

 

 

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1manufacture, distribute or dispense a controlled substance or
2(ii) if the person is a CLP or CDL holder, uses a non-CMV in
3the commission of a felony involving any of those activities.
4    (d) The Secretary of State may, when the United States
5Secretary of Transportation so authorizes, issue regulations
6in which a disqualification for life under paragraph (b) may
7be reduced to a period of not less than 10 years. If a
8reinstated driver is subsequently convicted of another
9disqualifying offense, as specified in subsection (a) of this
10Section, he or she shall be permanently disqualified for life
11and shall be ineligible to again apply for a reduction of the
12lifetime disqualification.
13    (e) A person is disqualified from driving a commercial
14motor vehicle for a period of not less than 2 months if
15convicted of 2 serious traffic violations, committed in a
16commercial motor vehicle, non-CMV while holding a CLP or CDL,
17or any combination thereof, arising from separate incidents,
18occurring within a 3 year period, provided the serious traffic
19violation committed in a non-CMV would result in the
20suspension or revocation of the CLP or CDL holder's non-CMV
21privileges. However, a person will be disqualified from
22driving a commercial motor vehicle for a period of not less
23than 4 months if convicted of 3 serious traffic violations,
24committed in a commercial motor vehicle, non-CMV while holding
25a CLP or CDL, or any combination thereof, arising from
26separate incidents, occurring within a 3 year period, provided

 

 

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1the serious traffic violation committed in a non-CMV would
2result in the suspension or revocation of the CLP or CDL
3holder's non-CMV privileges. If all the convictions occurred
4in a non-CMV, the disqualification shall be entered only if
5the convictions would result in the suspension or revocation
6of the CLP or CDL holder's non-CMV privileges.
7    (e-1) (Blank).
8    (f) Notwithstanding any other provision of this Code, any
9driver disqualified from operating a commercial motor vehicle,
10pursuant to this UCDLA, shall not be eligible for restoration
11of commercial driving privileges during any such period of
12disqualification.
13    (g) After suspending, revoking, or cancelling a CLP or
14CDL, the Secretary of State must update the driver's records
15to reflect such action within 10 days. After suspending or
16revoking the driving privilege of any person who has been
17issued a CLP or CDL from another jurisdiction, the Secretary
18shall originate notification to such issuing jurisdiction
19within 10 days.
20    (h) The "disqualifications" referred to in this Section
21shall not be imposed upon any commercial motor vehicle driver,
22by the Secretary of State, unless the prohibited action(s)
23occurred after March 31, 1992.
24    (i) A person is disqualified from driving a commercial
25motor vehicle in accordance with the following:
26        (1) For 6 months upon a first conviction of paragraph

 

 

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1    (2) of subsection (b) or subsection (b-3) of Section 6-507
2    of this Code.
3        (2) For 2 years upon a second conviction of paragraph
4    (2) of subsection (b) or subsection (b-3) or any
5    combination of paragraphs (2) or (3) of subsection (b) or
6    subsections (b-3) or (b-5) of Section 6-507 of this Code
7    within a 10-year period if the second conviction is a
8    violation of paragraph (2) of subsection (b) or subsection
9    (b-3).
10        (3) For 3 years upon a third or subsequent conviction
11    of paragraph (2) of subsection (b) or subsection (b-3) or
12    any combination of paragraphs (2) or (3) of subsection (b)
13    or subsections (b-3) or (b-5) of Section 6-507 of this
14    Code within a 10-year period if the third or subsequent
15    conviction is a violation of paragraph (2) of subsection
16    (b) or subsection (b-3).
17        (4) For one year upon a first conviction of paragraph
18    (3) of subsection (b) or subsection (b-5) of Section 6-507
19    of this Code.
20        (5) For 3 years upon a second conviction of paragraph
21    (3) of subsection (b) or subsection (b-5) or any
22    combination of paragraphs (2) or (3) of subsection (b) or
23    subsections (b-3) or (b-5) of Section 6-507 of this Code
24    within a 10-year period if the second conviction is a
25    violation of paragraph (3) of subsection (b) or (b-5).
26        (6) For 5 years upon a third or subsequent conviction

 

 

HB5496- 363 -LRB102 25260 LNS 34533 b

1    of paragraph (3) of subsection (b) or subsection (b-5) or
2    any combination of paragraphs (2) or (3) of subsection (b)
3    or subsections (b-3) or (b-5) of Section 6-507 of this
4    Code within a 10-year period if the third or subsequent
5    conviction is a violation of paragraph (3) of subsection
6    (b) or (b-5).
7    (j) Disqualification for railroad-highway grade crossing
8violation.
9        (1) General rule. A driver who is convicted of a
10    violation of a federal, State, or local law or regulation
11    pertaining to one of the following 6 offenses at a
12    railroad-highway grade crossing must be disqualified from
13    operating a commercial motor vehicle for the period of
14    time specified in paragraph (2) of this subsection (j) if
15    the offense was committed while operating a commercial
16    motor vehicle:
17            (i) For drivers who are not required to always
18        stop, failing to slow down and check that the tracks
19        are clear of an approaching train or railroad track
20        equipment, as described in subsection (a-5) of Section
21        11-1201 of this Code;
22            (ii) For drivers who are not required to always
23        stop, failing to stop before reaching the crossing, if
24        the tracks are not clear, as described in subsection
25        (a) of Section 11-1201 of this Code;
26            (iii) For drivers who are always required to stop,

 

 

HB5496- 364 -LRB102 25260 LNS 34533 b

1        failing to stop before driving onto the crossing, as
2        described in Section 11-1202 of this Code;
3            (iv) For all drivers, failing to have sufficient
4        space to drive completely through the crossing without
5        stopping, as described in subsection (b) of Section
6        11-1425 of this Code;
7            (v) For all drivers, failing to obey a traffic
8        control device or the directions of an enforcement
9        official at the crossing, as described in subdivision
10        (a)2 of Section 11-1201 of this Code;
11            (vi) For all drivers, failing to negotiate a
12        crossing because of insufficient undercarriage
13        clearance, as described in subsection (d-1) of Section
14        11-1201 of this Code.
15        (2) Duration of disqualification for railroad-highway
16    grade crossing violation.
17            (i) First violation. A driver must be disqualified
18        from operating a commercial motor vehicle for not less
19        than 60 days if the driver is convicted of a violation
20        described in paragraph (1) of this subsection (j) and,
21        in the three-year period preceding the conviction, the
22        driver had no convictions for a violation described in
23        paragraph (1) of this subsection (j).
24            (ii) Second violation. A driver must be
25        disqualified from operating a commercial motor vehicle
26        for not less than 120 days if the driver is convicted

 

 

HB5496- 365 -LRB102 25260 LNS 34533 b

1        of a violation described in paragraph (1) of this
2        subsection (j) and, in the three-year period preceding
3        the conviction, the driver had one other conviction
4        for a violation described in paragraph (1) of this
5        subsection (j) that was committed in a separate
6        incident.
7            (iii) Third or subsequent violation. A driver must
8        be disqualified from operating a commercial motor
9        vehicle for not less than one year if the driver is
10        convicted of a violation described in paragraph (1) of
11        this subsection (j) and, in the three-year period
12        preceding the conviction, the driver had 2 or more
13        other convictions for violations described in
14        paragraph (1) of this subsection (j) that were
15        committed in separate incidents.
16    (k) Upon notification of a disqualification of a driver's
17commercial motor vehicle privileges imposed by the U.S.
18Department of Transportation, Federal Motor Carrier Safety
19Administration, in accordance with 49 C.F.R. 383.52, the
20Secretary of State shall immediately record to the driving
21record the notice of disqualification and confirm to the
22driver the action that has been taken.
23    (l) A foreign commercial driver is subject to
24disqualification under this Section.
25(Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of
26P.A. 98-722 and Section 10 of P.A. 99-414 for the effective

 

 

HB5496- 366 -LRB102 25260 LNS 34533 b

1date of changes made by P.A. 98-176); 98-722, eff. 7-16-14;
298-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff.
37-29-16.)
 
4    (625 ILCS 5/6-516)  (from Ch. 95 1/2, par. 6-516)
5    Sec. 6-516. Implied consent requirements for commercial
6motor vehicle drivers.
7    (a) Effective April 1, 1992, any person who drives a
8commercial motor vehicle upon the highways is hereby deemed to
9have given consent to submit to a test or tests, subject to the
10provisions of Section 11-501.2 of this Code, of such person's
11breath, blood or urine for the purpose of determining the
12presence of alcohol, or other drugs, in such person's system.
13    (b) A test or tests may be administered at the direction of
14a law enforcement officer, who after stopping or detaining the
15commercial motor vehicle driver, has probable cause to believe
16that driver was driving a commercial motor vehicle while
17having alcohol or any amount of a drug, substance, or compound
18resulting from the unlawful use or consumption of cannabis
19listed in the Cannabis Control Act, a controlled substance
20listed in the Illinois Controlled Substances Act, or
21methamphetamine as listed in the Methamphetamine Control and
22Community Protection Act in such driver's system.
23    (c) Effective April 1, 1992, any person who operates a
24school bus at the time of a crash an accident involving the
25school bus is hereby deemed to have given consent to submit to

 

 

HB5496- 367 -LRB102 25260 LNS 34533 b

1a test or tests to be administered at the direction of a law
2enforcement officer, subject to the provisions of Section
311-501.2 of this Code, of the driver's breath, blood or urine
4for the purpose of determining the presence of alcohol, or
5other drugs, in the person's system.
6(Source: P.A. 95-355, eff. 1-1-08.)
 
7    (625 ILCS 5/6-703)  (from Ch. 95 1/2, par. 6-703)
8    Sec. 6-703. Effect of Conviction.
9    (a) The licensing authority in the home state, for the
10purposes of suspension, revocation or limitation of the
11license to operate a motor vehicle, shall give the same effect
12to the conduct reported, pursuant to Section 6-702, as it
13would if such conduct had occurred in the home state, in the
14case of convictions for:
15    1. Manslaughter or negligent homicide resulting from the
16operation of a motor vehicle;
17    2. Driving a motor vehicle while under the influence of
18intoxicating liquor or a narcotic drug, or under the influence
19of any other drug to a degree which renders the driver
20incapable of safely driving a motor vehicle;
21    3. Any felony in the commission of which a motor vehicle is
22used;
23    4. Failure to stop and render aid in the event of a motor
24vehicle crash accident resulting in the death or personal
25injury of another.

 

 

HB5496- 368 -LRB102 25260 LNS 34533 b

1    (b) As to other convictions, reported pursuant to Section
26-702, the licensing authority in the home state shall give
3such effect to the conduct as is provided by the laws of the
4home state.
5    (c) If the laws of a party state do not provide for
6offenses or violations denominated or described in precisely
7the words employed in paragraph (a) of this Section, such
8party state shall construe the denominations and descriptions
9appearing in paragraph (a) hereof as being applicable to and
10identifying those offenses or violations of a substantially
11similar nature, and the laws of such party state shall contain
12such provision as may be necessary to ensure that full force
13and effect is given to this Section.
14(Source: P.A. 76-1615.)
 
15    (625 ILCS 5/6-1002)
16    Sec. 6-1002. Enhanced skills driving school
17qualifications. In order to qualify for a license to operate
18an enhanced skills driving school, each applicant must:
19        (1) Be of good moral character;
20        (2) Be at least 21 years of age;
21        (3) Maintain bodily injury and property damage
22    liability insurance on motor vehicles while used in
23    driving instruction, insuring the liability of the driving
24    school, the driving instructors and any person taking
25    instruction in at least the following amounts: $500,000

 

 

HB5496- 369 -LRB102 25260 LNS 34533 b

1    for bodily injury to or death of one person in any one
2    crash accident and, subject to said limit for one person,
3    $1,000,000 for bodily injury to or death of 2 or more
4    persons in any one crash accident and the amount of
5    $100,000 for damage to property of others in any one crash
6    accident. Evidence of such insurance coverage in the form
7    of a certificate from the insurance carrier shall be filed
8    with the Secretary of State, and such certificate shall
9    stipulate that the insurance shall not be cancelled except
10    upon 10 days' prior written notice to the Secretary of
11    State;
12        (4) Have the equipment necessary to the giving of
13    proper instruction in the operation of motor vehicles; and
14        (5) Pay to the Secretary of State an application fee
15    of $500 and $50 for each branch application.
16(Source: P.A. 96-740, eff. 1-1-10.)
 
17    (625 ILCS 5/6-1004)
18    Sec. 6-1004. Qualifications of enhanced skills driving
19school instructors. In order to qualify for a license as an
20instructor for an enhanced skills driving school, an applicant
21must:
22        (1) Be of good moral character;
23        (2) Have never been convicted of driving while under
24    the influence of alcohol, other drugs, or a combination
25    thereof; leaving the scene of a crash an accident;

 

 

HB5496- 370 -LRB102 25260 LNS 34533 b

1    reckless homicide or reckless driving;
2        (3) Be physically able to operate safely a motor
3    vehicle and to train others in the operation of motor
4    vehicles;
5        (4) Hold a valid drivers license; and
6        (5) Pay to the Secretary of State an application and
7    license fee of $70.
8(Source: P.A. 96-740, eff. 1-1-10.)
 
9    (625 ILCS 5/6-1009)
10    Sec. 6-1009. Denial, cancellation, suspension, revocation,
11and failure to renew license. The Secretary may deny, cancel,
12suspend or revoke, or refuse to renew any enhanced skills
13driving school license or any enhanced skills driving school
14instructor license:
15        (1) When the Secretary is satisfied that the licensee
16    fails to meet the requirements to receive or hold a
17    license under this Code;
18        (2) Whenever the licensee fails to keep records
19    required by this Code or by any rule prescribed by the
20    Secretary;
21        (3) Whenever the licensee fails to comply with any
22    provision of this Code or any rule of the Secretary made
23    pursuant thereto;
24        (4) Whenever the licensee represents himself or
25    herself as an agent or employee of the Secretary or uses

 

 

HB5496- 371 -LRB102 25260 LNS 34533 b

1    advertising designed to lead or which would reasonably
2    have the effect of leading persons to believe that such
3    licensee is in fact an employee or representative of the
4    Secretary;
5        (5) Whenever the licensee or any employee or agent of
6    the licensee solicits driver training or instruction in an
7    office of any department of the Secretary of State having
8    to do with the administration of any law relating to motor
9    vehicles, or within 1,500 feet of any such office; or
10        (6) Whenever the licensee is convicted of driving
11    while under the influence of alcohol, other drugs, or a
12    combination thereof; leaving the scene of a crash an
13    accident; reckless homicide or reckless driving.
14(Source: P.A. 96-740, eff. 1-1-10.)
 
15    (625 ILCS 5/Ch. 7 Art. II heading)
16
ARTICLE II. SECURITY FOLLOWING CRASH ACCIDENT

 
17    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
18    Sec. 7-201. Application of Article II. The Administrator
19as soon as practicable after the receipt of the report,
20required to be filed under Sections 11-406 and 11-410, of a
21motor vehicle crash accident occurring within this State and
22that has resulted in bodily injury or death of any person or
23that damage to the property of any one person in excess of
24$1,500 (or $500 if any of the vehicles involved in the crash

 

 

HB5496- 372 -LRB102 25260 LNS 34533 b

1accident is subject to Section 7-601 but is not covered by a
2liability insurance policy in accordance with Section 7-601)
3was sustained, shall determine:
4        1. Whether Section 7-202 of this Code requires the
5    deposit of security by or on behalf of any person who was
6    the operator or owner of any motor vehicle in any manner
7    involved in the crash accident; and
8        2. What amount of security shall be sufficient to
9    satisfy any potential judgment or judgments for money
10    damages resulting from the crash accident as may be
11    recovered against the operator or owner, which amount
12    shall in no event be less than $1,500 (or $500 if any of
13    the vehicles involved in the crash accident is subject to
14    Section 7-601 but is not covered by a liability insurance
15    policy in accordance with Section 7-601).
16(Source: P.A. 95-754, eff. 1-1-09.)
 
17    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
18    Sec. 7-201.1. If the Administrator has not received a
19report required to be filed under Sections 11-406 and 11-410,
20or if the information contained in a report is insufficient,
21the Administrator shall send to the person required to file
22the report a written request for the missing report or the
23missing information. The Administrator shall send such request
24no later than 45 days after the crash accident or 7 days after
25receiving information that such crash accident has occurred,

 

 

HB5496- 373 -LRB102 25260 LNS 34533 b

1whichever is later.
2    If the request is sent to a driver involved in a crash an
3accident, the request or an attachment thereto shall contain
4in bold print a warning that failure to comply with the request
5within 15 days may result in the suspension of the driver's
6license.
7(Source: P.A. 84-797.)
 
8    (625 ILCS 5/7-201.2)  (from Ch. 95 1/2, par. 7-201.2)
9    Sec. 7-201.2. The Administrator, within 30 days after
10compiling sufficient information on a motor vehicle crash
11accident, shall certify to the Secretary of State the name of
12each owner and the name of each operator of any vehicle
13involved in the crash accident, his determination that
14security is required under this Code, and the amount of the
15security. The Administrator also shall supply to the Secretary
16of State a copy of any crash accident report requested by the
17Secretary.
18    The Administrator shall send a copy of the certification
19to each person whose name is certified. The copy, or an
20attachment thereto, shall contain in bold print an explanation
21that, because the person did not furnish the Department of
22Transportation with evidence that he or she is insured or
23otherwise able to pay for damages resulting from the crash
24accident, the person's name has been forwarded to the
25Secretary of State for possible suspension of his or her

 

 

HB5496- 374 -LRB102 25260 LNS 34533 b

1driver's license.
2(Source: P.A. 84-797.)
 
3    (625 ILCS 5/7-202)  (from Ch. 95 1/2, par. 7-202)
4    Sec. 7-202. Exceptions to requirements of security. (a)
5The requirements as to security and suspension as provided by
6Sections 7-201 and 7-205 shall not apply:
7    1. To the driver or owner if such owner had in effect at
8the time of such motor vehicle crash accident a liability
9policy covering such driver and owner with respect to the
10vehicle involved in such motor vehicle crash accident;
11    2. To the driver, if not the owner of such vehicle, if
12there was in effect at the time of such motor vehicle crash
13accident a liability policy or bond with respect to the
14operation of motor vehicles not owned by the driver;
15    3. To the driver or owner if the liability of such driver
16or owner for damages resulting from such motor vehicle crash
17accident is covered by any other form of liability insurance
18policy or bond;
19    4. To the driver or owner, if such owner is qualified as a
20self-insurer as provided in Section 7-502;
21    5. To the owner if such owner at the time of such motor
22vehicle crash accident was in compliance with Section 8-101 or
23Section 9-101;
24    6. To the driver or owner if such owner at the time of such
25motor vehicle crash accident was in compliance with the

 

 

HB5496- 375 -LRB102 25260 LNS 34533 b

1Federal Revised Interstate Commerce Act (P.L. 95-473), as now
2or hereafter amended;
3    7. To the owner if the vehicle involved in such motor
4vehicle crash accident was owned by the United States, this
5State or any political sub-division of this State, any
6municipality therein, or any local Mass Transit District;
7    8. To the driver or the owner of a vehicle involved in a
8motor vehicle crash accident wherein no injury or damage was
9caused to the person or property of any one other than such
10driver or owner;
11    9. To the driver or the owner of a vehicle which at the
12time of the motor vehicle crash accident was parked, unless
13such vehicle was parked at a place where parking was at the
14time of the crash accident prohibited under any applicable law
15or ordinance;
16    10. To the owner of a vehicle if at the time of the motor
17vehicle crash accident the vehicle was being operated without
18his permission, express or implied, or was parked by a person
19who had been operating such motor vehicle without such
20permission;
21    11. To the driver, if not the owner, of a commercial motor
22vehicle on which there was no liability policy or bond with
23respect to the operation of such vehicle in effect at the time
24of the motor vehicle crash accident when the driver was
25operating the vehicle in the course of the driver's employment
26and had no actual knowledge of such lack of a liability policy

 

 

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1or bond prior to the motor vehicle crash accident.
2    (b) If at the time of the motor vehicle crash accident, an
3owner or driver is covered by a motor vehicle liability policy
4or bond meeting the requirements of this Code, such owner or
5driver shall be exempt from suspension under Section 7-205 as
6to that motor vehicle crash accident, if the company issuing
7the policy or bond has failed, and such policy or bond was not
8effective at the time of the motor vehicle crash accident or
9any time thereafter, provided, that the owner or driver had no
10knowledge of the company's failure prior to the motor vehicle
11crash accident, and such owner or driver has secured within 30
12days after learning of such failure another liability policy
13or bond meeting the requirements of the Code relating to
14future occurrences or motor vehicle crashes accidents.
15    As used in this paragraph, the words "failed" or "failure"
16mean that the company has suspended operations by order of a
17court.
18(Source: P.A. 85-293.)
 
19    (625 ILCS 5/7-203)  (from Ch. 95 1/2, par. 7-203)
20    Sec. 7-203. Requirements as to policy or bond. No such
21policy or bond referred to in Section 7-202 shall be effective
22under this Section unless issued by an insurance company or
23surety company authorized to do business in this State, except
24that if such motor vehicle was not registered in this State, or
25was a motor vehicle which was registered elsewhere than in

 

 

HB5496- 377 -LRB102 25260 LNS 34533 b

1this State at the effective date of the policy or bond, or the
2most recent renewal thereof, such policy or bond shall not be
3effective under this Section unless the insurance company or
4surety company, if not authorized to do business in this
5State, shall execute a power of attorney authorizing the
6Secretary of State to accept service on its behalf of notice or
7process in any action upon such policy or bond arising out of
8such motor vehicle crash accident. However, every such policy
9or bond is subject, if the motor vehicle crash accident has
10resulted in bodily injury or death, to a limit, exclusive of
11interest and costs, of not less than $25,000 because of bodily
12injury to or death of any one person in any one motor vehicle
13crash accident and, subject to said limit for one person, to a
14limit of not less than $50,000 because of bodily injury to or
15death of 2 or more persons in any one motor vehicle crash
16accident, and, if the motor vehicle crash accident has
17resulted in injury to or destruction of property, to a limit of
18not less than $20,000 because of injury to or destruction of
19property of others in any one motor vehicle crash accident.
20The changes to this Section made by this amendatory Act of the
2198th General Assembly apply only to policies issued or renewed
22on or after January 1, 2015.
23    Upon receipt of a written motor vehicle crash accident
24report from the Administrator the insurance company or surety
25company named in such notice shall notify the Administrator
26within such time and in such manner as the Administrator may

 

 

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1require, in case such policy or bond was not in effect at the
2time of such motor vehicle crash accident.
3(Source: P.A. 98-519, eff. 1-1-15.)
 
4    (625 ILCS 5/7-204)  (from Ch. 95 1/2, par. 7-204)
5    Sec. 7-204. Form and amount of security - Definition.
6    (A) Any security required to be deposited under this Act
7shall be in the form as the Secretary of State may require by
8administrative rule, and in the amounts as the Administrator
9may determine to be sufficient to satisfy any judgment or
10judgments for damages against an operator or owner but in no
11case in excess of the limits specified in Section 7-203 of this
12Act in reference to the acceptable limits of a policy or bond
13nor for an amount less than $1,500 (or $500 if any of the
14vehicles involved in the crash accident is subject to Section
157-601 but is not covered by a liability insurance policy in
16accordance with Section 7-601).
17    (B) The person depositing security shall specify in
18writing the person or persons on whose behalf the deposit is
19made and, while at any time the deposit is in the custody of
20the Secretary of State or State Treasurer, the person
21depositing it may, in writing, amend the specification of the
22person or persons on whose behalf the deposit is made to
23include an additional person or persons; provided, however,
24that a single deposit of security shall be applicable only on
25behalf of persons, required to furnish security because of the

 

 

HB5496- 379 -LRB102 25260 LNS 34533 b

1same crash accident.
2    (C) Within 10 days after any security required under the
3provisions of this Article is deposited with the Secretary of
4State, the Secretary shall send notice of the security deposit
5to the following, if known:
6        1. To each owner and operator of any vehicle involved
7    in the crash accident that sustained damage in excess of
8    $1,500 (or $500 if any of the vehicles involved in the
9    crash accident is subject to Section 7-601 but is not
10    covered by a liability insurance policy in accordance with
11    Section 7-601);
12        2. To any person who sustained damage to personal or
13    real property in excess of $1,500 (or $500 if any of the
14    vehicles involved in the crash accident is subject to
15    Section 7-601 but is not covered by a liability insurance
16    policy in accordance with Section 7-601);
17        3. To any person who was injured as a result of the
18    crash accident; and
19        4. To the estate of any person killed as a result of
20    the crash accident.
21(Source: P.A. 95-754, eff. 1-1-09.)
 
22    (625 ILCS 5/7-208)  (from Ch. 95 1/2, par. 7-208)
23    Sec. 7-208. Agreements for payment of damages. (a) Any 2
24or more of the persons involved in a motor vehicle crash
25accident subject to the provisions of Section 7-201 or their

 

 

HB5496- 380 -LRB102 25260 LNS 34533 b

1authorized representatives, may at any time enter into a
2written agreement for the payment of an agreed amount in
3installments, with respect to all claims for injuries or
4damages resulting from the motor vehicle crash accident.
5    (b) The Secretary of State, to the extent provided by any
6such written agreement properly filed with him, shall not
7require the deposit of security and shall terminate any prior
8order of suspension, or, if security has previously been
9deposited, the Secretary of State shall immediately return
10such security to the depositor or an appropriate personal
11representative.
12    (c) In the event of a default in any payment under such
13agreement and upon notice of such default the Secretary of
14State shall forthwith suspend the driver's license and
15registration, or nonresident's operating privileges, of such
16person in default which shall not be restored unless and
17until:
18        1. Such person deposits and thereafter maintains
19    security as required under Section 7-201 in such amount as
20    the Secretary of State may then determine,
21        2. Two years have elapsed since the acceptance of the
22    notice of default by the Secretary of State and during
23    such period no action upon such agreement has been
24    instituted in any court having jurisdiction, or
25        3. The person enters into a second written agreement
26    for the payment of an agreed amount in installments with

 

 

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1    respect to all claims for injuries or damages resulting
2    from the motor vehicle crash accident.
3(Source: P.A. 90-774, eff. 8-14-98.)
 
4    (625 ILCS 5/7-209)  (from Ch. 95 1/2, par. 7-209)
5    Sec. 7-209. Payment upon judgment. The payment of a
6judgment arising out of a motor vehicle crash accident or the
7payment upon such judgment of an amount equal to the maximum
8amount which could be required for deposit under this Article
9shall for the purposes of this Code be deemed satisfied.
10(Source: P.A. 83-831.)
 
11    (625 ILCS 5/7-211)  (from Ch. 95 1/2, par. 7-211)
12    Sec. 7-211. Duration of suspension.
13    (a) Unless a suspension is terminated under other
14provisions of this Code, the driver's license or registration
15and nonresident's operating privilege suspended as provided in
16Section 7-205 shall remain suspended and shall not be renewed
17nor shall any license or registration be issued to the person
18until:
19        1. The person deposits or there shall be deposited and
20    filed on the person's behalf the security required under
21    Section 7-201;
22        2. Two years have elapsed following the date the
23    driver's license and registrations were suspended and
24    evidence satisfactory to the Secretary of State that

 

 

HB5496- 382 -LRB102 25260 LNS 34533 b

1    during the period no action for damages arising out of a
2    motor vehicle crash accident has been properly filed;
3        3. Receipt of proper notice that the person has filed
4    bankruptcy which would include all claims for personal
5    injury and property damage resulting from the crash
6    accident;
7        4. After the expiration of 5 years from the date of the
8    crash accident, the Secretary of State has not received
9    documentation that any action at law for damages arising
10    out of the motor vehicle crash accident has been filed
11    against the person; or
12        5. The statute of limitations has expired and the
13    person seeking reinstatement provides evidence
14    satisfactory to the Secretary of State that, during the
15    statute of limitations period, no action for damages
16    arising out of a motor vehicle crash accident has been
17    properly filed.
18    An affidavit that no action at law for damages arising out
19of the motor vehicle crash accident has been filed against the
20applicant, or if filed that it is not still pending shall be
21prima facie evidence of that fact. The Secretary of State may
22take whatever steps are necessary to verify the statement set
23forth in the applicant's affidavit.
24    (b) The driver's license or registration and nonresident's
25operating privileges suspended as provided in Section 7-205
26shall also remain suspended and shall not be renewed nor shall

 

 

HB5496- 383 -LRB102 25260 LNS 34533 b

1any license or registration be issued to the person until the
2person gives proof of his or her financial responsibility in
3the future as provided in Section 1-164.5. The proof is to be
4maintained by the person in a manner satisfactory to the
5Secretary of State for a period of 3 years after the date the
6proof is first filed.
7(Source: P.A. 102-52, eff. 1-1-22.)
 
8    (625 ILCS 5/7-212)  (from Ch. 95 1/2, par. 7-212)
9    Sec. 7-212. Authority of Administrator and Secretary of
10State to decrease amount of security. The Administrator may
11reduce the amount of security ordered in any case within one
12year after the date of the crash accident, but in no event for
13an amount less than $1,500 (or $500 if any of the vehicles
14involved in the crash accident is subject to Section 7-601 but
15is not covered by a liability insurance policy in accordance
16with Section 7-601), if, in the judgment of the Administrator
17the amount ordered is excessive, or may revoke or rescind its
18order requiring the deposit of security in any case within one
19year after the date of the crash accident if, in the judgment
20of the Administrator, the provisions of Sections 7-202 and
217-203 excuse or exempt the operator or owner from the
22requirement of the deposit. In case the security originally
23ordered has been deposited the excess of the reduced amount
24ordered shall be returned to the depositor or his or her
25personal representative forthwith, notwithstanding the

 

 

HB5496- 384 -LRB102 25260 LNS 34533 b

1provisions of Section 7-214. The Secretary of State likewise
2shall have authority granted to the Administrator to reduce
3the amount of security ordered by the Administrator.
4(Source: P.A. 95-754, eff. 1-1-09.)
 
5    (625 ILCS 5/7-214)  (from Ch. 95 1/2, par. 7-214)
6    Sec. 7-214. Disposition of security. Such security shall
7be applicable only to the payment of a judgment or judgments,
8rendered against the person or persons on whose behalf the
9deposit was made, for damages arising out of the crash
10accident in question, in an action at law, begun not later than
11the later of (i) the expiration of the relevant statute of
12limitations or (ii) 2 years after the date of any default in
13any payment under an installment agreement for payment of
14damages, and such deposit or any balance thereof shall be
15returned to the depositor or his or her personal
16representative when evidence satisfactory to the Secretary of
17State has been filed with him:
18        1. that there has been a release from liability, or a
19    final adjudication of non-liability; or
20        2. a duly acknowledged written agreement in accordance
21    with Section 7-208 of this Act; or
22        3. whenever after the expiration of the statute of
23    limitations or (ii) 2 years after the date of any default
24    in any payment under an installment agreement for payment
25    of damages, the Secretary of State shall be given

 

 

HB5496- 385 -LRB102 25260 LNS 34533 b

1    reasonable evidence that there is no such action pending
2    and no judgment rendered in such action left unpaid.
3    If, after releasing security to a judgment debtor or
4claimant, the balance of the security posted with the
5Secretary is $5 or less, the balance shall be transferred to
6the General Revenue Fund. The Secretary shall compile a list
7of all security amounts of $5 or less annually in July and
8shall certify that amount to the State Comptroller. As soon as
9possible after receiving the certification, the State
10Comptroller shall order transferred and the State Treasurer
11shall transfer the amount certified to the General Revenue
12Fund.
13(Source: P.A. 102-52, eff. 1-1-22.)
 
14    (625 ILCS 5/7-216)  (from Ch. 95 1/2, par. 7-216)
15    Sec. 7-216. Reciprocity; residents and nonresidents;
16licensing of nonresidents.
17    (a) When a nonresident's operating privilege is suspended
18pursuant to Section 7-205 the Secretary of State shall
19transmit a certified copy of the record of such action to the
20official in charge of the issuance of driver's license and
21registration certificates in the state in which such
22nonresident resides, if the law of such other state provides
23for action in relation thereto similar to that provided for in
24subsection (b).
25    (b) Upon receipt of such certification that the operating

 

 

HB5496- 386 -LRB102 25260 LNS 34533 b

1privilege of a resident of this State has been suspended or
2revoked in any such other state pursuant to a law providing for
3its suspension or revocation for failure to deposit security
4for the payment of judgments arising out of a motor vehicle
5crash accident, or for failure to deposit security under
6circumstances which would require the Secretary of State to
7suspend a nonresident's operating privilege had the motor
8vehicle crash accident occurred in this State, the Secretary
9of State shall suspend the driver's license of such resident
10and all other registrations. Such suspension shall continue
11until such resident furnishes evidence of compliance with the
12law of such other state relating to the deposit of such
13security.
14    (c) In case the operator or the owner of a motor vehicle
15involved in a motor vehicle crash accident within this State
16has no driver's license or registration, such operator shall
17not be allowed a driver's license or registration until the
18operator has complied with the requirements of Sections 7-201
19through 7-216 to the same extent that would be necessary if, at
20the time of the motor vehicle crash accident, such operator
21had held a license and registration.
22(Source: P.A. 100-863, eff. 8-14-18.)
 
23    (625 ILCS 5/7-303)  (from Ch. 95 1/2, par. 7-303)
24    Sec. 7-303. Suspension of driver's licenses, registration
25certificates, license plates or digital license plates, and

 

 

HB5496- 387 -LRB102 25260 LNS 34533 b

1registration stickers or digital registration stickers for
2failure to satisfy judgment.
3    (a) The Secretary of State shall, except as provided in
4paragraph (d), suspend the driver's license issued to any
5person upon receiving an authenticated report as hereinafter
6provided for in Section 7-307 that the person has failed for a
7period of 30 days to satisfy any final judgment in amounts as
8hereinafter stated, and shall also suspend the registration
9certificate, license plates or digital license plates, and
10registration sticker or digital registration sticker of the
11judgment debtor's motor vehicle involved in the crash as
12indicated in the authenticated report.
13    (b) The term "judgment" shall mean: A final judgment of
14any court of competent jurisdiction of any State, against a
15person as defendant for damages on account of bodily injury to
16or death of any person or damages to property resulting from
17the operation, on and after July 12, 1938, of any motor
18vehicle.
19    (c) The term "State" shall mean: Any State, Territory, or
20possession of the United States, the District of Columbia, or
21any province of the Dominion of Canada.
22    (d) The Secretary of State shall not suspend the driver's
23license, registration certificates, registration stickers or
24digital registration stickers, or license plates or digital
25license plates of the judgment debtor, nor shall such judgment
26debtor be subject to the suspension provisions of Sections

 

 

HB5496- 388 -LRB102 25260 LNS 34533 b

17-308 and 7-309 if all the following conditions are met:
2        1. At the time of the motor vehicle crash accident
3    which gave rise to the unsatisfied judgment the judgment
4    debtor was covered by a motor vehicle liability policy or
5    bond meeting the requirements of this Chapter;
6        2. The insurance company which issued the policy or
7    bond has failed and has suspended operations by order of a
8    court;
9        3. The judgment debtor had no knowledge of the
10    insurance company's failure prior to the motor vehicle
11    crash accident;
12        4. Within 30 days after learning of the insurance
13    company's failure the judgment debtor secured another
14    liability policy or bond meeting the requirements of this
15    Article relating to future occurrences or crashes
16    accidents;
17        5. The insurance company which issued the motor
18    vehicle liability policy or bond that covered the judgment
19    debtor at the time of the motor vehicle crash accident is
20    unable to satisfy the judgment in the amounts specified in
21    Section 7-311;
22        6. The judgment debtor presents to the Secretary of
23    State such certified documents or other proofs as the
24    Secretary of State may require that all of the conditions
25    set forth in this Section have been met.
26(Source: P.A. 101-395, eff. 8-16-19.)
 

 

 

HB5496- 389 -LRB102 25260 LNS 34533 b

1    (625 ILCS 5/7-309)  (from Ch. 95 1/2, par. 7-309)
2    Sec. 7-309. Suspension to continue until judgments paid
3and proof given.
4    (a) The suspension of such driver's license, license
5plates and registration stickers shall remain in effect and no
6other vehicle shall be registered in the name of such judgment
7debtor, nor any new license issued to such person (including
8any such person not previously licensed), unless and until the
9Secretary of State receives authenticated documentation that
10such judgment is satisfied, or dormant as provided for in
11Section 12-108 of the Code of Civil Procedure, as now or
12hereafter amended, or stayed by court order, and the judgment
13debtor gives proof of financial responsibility, as hereinafter
14provided. The Secretary of State may terminate the suspension
15of such person's driver's license, license plates and
16registration stickers and no proof of financial responsibility
17shall be required on any existing suspensions under this
18Article which are more than 20 years old.
19    (b) Whenever, after one judgment is satisfied and proof of
20financial responsibility is given as herein required, another
21such judgment is rendered against the judgment debtor for any
22motor vehicle crash accident occurring prior to the date of
23the giving of said proof and such person fails to satisfy the
24latter judgment within the amounts specified herein within 30
25days after the same becomes final, then the Secretary of State

 

 

HB5496- 390 -LRB102 25260 LNS 34533 b

1shall again suspend the driver's license of such judgment
2debtor and shall again suspend the registration of any vehicle
3registered in the name of such judgment debtor as owner. Such
4driver's license and registration shall not be renewed nor
5shall a driver's license and registration of any vehicle be
6issued to such judgment debtor while such latter judgment
7remains in effect and unsatisfied within the amount specified
8herein.
9(Source: P.A. 90-655, eff. 7-30-98.)
 
10    (625 ILCS 5/7-310)  (from Ch. 95 1/2, par. 7-310)
11    Sec. 7-310. Petition for discharge filed in bankruptcy. A
12petition for discharge filed in bankruptcy following the
13rendering of any judgment shall relieve the judgment debtor
14from the requirements of this Chapter 7, except that the
15judgment debtor's drivers license shall remain suspended and
16may not be renewed, and the judgment debtor may not be issued a
17license or registration, until the judgment debtor gives proof
18of his or her financial responsibility in the future, as
19provided in Section 1-164.5. The proof is to be maintained by
20the judgment debtor, in a manner satisfactory to the Secretary
21of State, for a period of 3 years after the date on which the
22proof is first filed.
23    A petition for discharge filed in bankruptcy of the owner
24or lessee of a commercial vehicle by whom the judgment debtor
25is employed at the time of the motor vehicle crash accident

 

 

HB5496- 391 -LRB102 25260 LNS 34533 b

1that gives rise to the judgment also shall relieve the
2judgment debtor so employed from any of the requirements of
3this Chapter 7 if the discharge of the owner or lessee follows
4the rendering of the judgment and if the judgment debtor so
5employed was operating the commercial vehicle in connection
6with his or her regular employment or occupation at the time of
7the crash accident. This amendatory act of 1985 applies to all
8cases irrespective of whether the crash accident giving rise
9to the suspension of license or registration occurred before,
10on, or after its effective date.
11(Source: P.A. 93-982, eff. 1-1-05.)
 
12    (625 ILCS 5/7-311)  (from Ch. 95 1/2, par. 7-311)
13    Sec. 7-311. Payments sufficient to satisfy requirements.
14    (a) Judgments herein referred to arising out of motor
15vehicle crashes accidents occurring on or after January 1,
162015 (the effective date of Public Act 98-519) shall for the
17purpose of this Chapter be deemed satisfied:
18        1. when $25,000 has been credited upon any judgment or
19    judgments rendered in excess of that amount for bodily
20    injury to or the death of one person as the result of any
21    one motor vehicle crash accident; or
22        2. when, subject to said limit of $25,000 as to any one
23    person, the sum of $50,000 has been credited upon any
24    judgment or judgments rendered in excess of that amount
25    for bodily injury to or the death of more than one person

 

 

HB5496- 392 -LRB102 25260 LNS 34533 b

1    as the result of any one motor vehicle crash accident; or
2        3. when $20,000 has been credited upon any judgment or
3    judgments, rendered in excess of that amount for damages
4    to property of others as a result of any one motor vehicle
5    crash accident.
6    The changes to this subsection made by Public Act 98-519
7apply only to policies issued or renewed on or after January 1,
82015.
9    (b) Credit for such amounts shall be deemed a satisfaction
10of any such judgment or judgments in excess of said amounts
11only for the purposes of this Chapter.
12    (c) Whenever payment has been made in settlement of any
13claim for bodily injury, death, or property damage arising
14from a motor vehicle crash accident resulting in injury,
15death, or property damage to two or more persons in such crash
16accident, any such payment shall be credited in reduction of
17the amounts provided for in this Section.
18(Source: P.A. 99-78, eff. 7-20-15; 100-201, eff. 8-18-17.)
 
19    (625 ILCS 5/7-316)  (from Ch. 95 1/2, par. 7-316)
20    Sec. 7-316. Certificate furnished by nonresident as proof.
21Any nonresident owner of a motor vehicle not registered in
22this State may give proof of financial responsibility by
23filing with the Secretary of State a certificate or
24certificates of an insurance carrier authorized to transact
25business in the state or province of the Dominion of Canada in

 

 

HB5496- 393 -LRB102 25260 LNS 34533 b

1which the motor vehicle or motor vehicles described in such
2certificate are registered, or if such nonresident does not
3own a motor vehicle then in the state or province of the
4Dominion of Canada in which the insured resides, and otherwise
5conforming to the provisions of this Code, and the Secretary
6of State shall accept the same if such carrier shall:
7    1. Execute a power of attorney authorizing the Secretary
8of State to accept service on its behalf of notice of process
9in any action arising out of a motor vehicle crash accident in
10this State;
11    2. Duly adopt a resolution which shall be binding upon it
12declaring that its policies shall be deemed to be varied to
13comply with the laws of this State relating to the terms of
14motor vehicle liability policies as required by Section 7-317;
15and
16    3. Agree to accept as final and binding any final judgment
17duly rendered in any action arising out of a motor vehicle
18crash accident in any court of competent jurisdiction in this
19State.
20(Source: P.A. 83-831.)
 
21    (625 ILCS 5/7-317)  (from Ch. 95 1/2, par. 7-317)
22    Sec. 7-317. "Motor vehicle liability policy" defined.
23    (a) Certification. -A "motor vehicle liability policy", as
24that term is used in this Act, means an "owner's policy" or an
25"operator's policy" of liability insurance, certified as

 

 

HB5496- 394 -LRB102 25260 LNS 34533 b

1provided in Section 7-315 or Section 7-316 as proof of
2financial responsibility for the future, and issued, except as
3otherwise provided in Section 7-316, by an insurance carrier
4duly authorized to transact business in this State, to or for
5the benefit of the person named therein as insured.
6    (b) Owner's Policy. --Such owner's policy of liability
7insurance:
8        1. Shall designate by explicit description or by
9    appropriate reference, all motor vehicles with respect to
10    which coverage is thereby intended to be granted;
11        2. Shall insure the person named therein and any other
12    person using or responsible for the use of such motor
13    vehicle or vehicles with the express or implied permission
14    of the insured;
15        3. Shall insure every named insured and any other
16    person using or responsible for the use of any motor
17    vehicle owned by the named insured and used by such other
18    person with the express or implied permission of the named
19    insured on account of the maintenance, use or operation of
20    any motor vehicle owned by the named insured, within the
21    continental limits of the United States or the Dominion of
22    Canada against loss from liability imposed by law arising
23    from such maintenance, use or operation, to the extent and
24    aggregate amount, exclusive of interest and cost, with
25    respect to each motor vehicle, of $25,000 for bodily
26    injury to or death of one person as a result of any one

 

 

HB5496- 395 -LRB102 25260 LNS 34533 b

1    crash accident and, subject to such limit as to one
2    person, the amount of $50,000 for bodily injury to or
3    death of all persons as a result of any one crash accident
4    and the amount of $20,000 for damage to property of others
5    as a result of any one crash accident. The changes to this
6    paragraph made by this amendatory Act of the 98th General
7    Assembly apply only to policies issued or renewed on or
8    after January 1, 2015.
9    (c) Operator's Policy. --When an operator's policy is
10required, it shall insure the person named therein as insured
11against the liability imposed by law upon the insured for
12bodily injury to or death of any person or damage to property
13to the amounts and limits above set forth and growing out of
14the use or operation by the insured within the continental
15limits of the United States or the Dominion of Canada of any
16motor vehicle not owned by him.
17    (d) Required Statements in Policies. --Every motor vehicle
18liability policy must specify the name and address of the
19insured, the coverage afforded by the policy, the premium
20charged therefor, the policy period, and the limits of
21liability, and shall contain an agreement that the insurance
22thereunder is provided in accordance with the coverage defined
23in this Act, as respects bodily injury and death or property
24damage or both, and is subject to all the provisions of this
25Act.
26    (e) Policy Need Not Insure Workers' Compensation. --Any

 

 

HB5496- 396 -LRB102 25260 LNS 34533 b

1liability policy or policies issued hereunder need not cover
2any liability of the insured assumed by or imposed upon the
3insured under any workers' compensation law nor any liability
4for damage to property in charge of the insured or the
5insured's employees.
6    (f) Provisions Incorporated in Policy. --Every motor
7vehicle liability policy is subject to the following
8provisions which need not be contained therein:
9        1. The liability of the insurance carrier under any
10    such policy shall become absolute whenever loss or damage
11    covered by the policy occurs and the satisfaction by the
12    insured of a final judgment for such loss or damage shall
13    not be a condition precedent to the right or obligation of
14    the carrier to make payment on account of such loss or
15    damage.
16        2. No such policy may be cancelled or annulled as
17    respects any loss or damage, by any agreement between the
18    carrier and the insured after the insured has become
19    responsible for such loss or damage, and any such
20    cancellation or annulment shall be void.
21        3. The insurance carrier shall, however, have the
22    right to settle any claim covered by the policy, and if
23    such settlement is made in good faith, the amount thereof
24    shall be deductible from the limits of liability specified
25    in the policy.
26        4. The policy, the written application therefor, if

 

 

HB5496- 397 -LRB102 25260 LNS 34533 b

1    any, and any rider or endorsement which shall not conflict
2    with the provisions of this Act shall constitute the
3    entire contract between the parties.
4    (g) Excess or Additional Coverage. --Any motor vehicle
5liability policy may, however, grant any lawful coverage in
6excess of or in addition to the coverage herein specified or
7contain any agreements, provisions, or stipulations not in
8conflict with the provisions of this Act and not otherwise
9contrary to law.
10    (h) Reimbursement Provision Permitted. --The policy may
11provide that the insured, or any other person covered by the
12policy shall reimburse the insurance carrier for payment made
13on account of any loss or damage claim or suit involving a
14breach of the terms, provisions or conditions of the policy;
15and further, if the policy shall provide for limits in excess
16of the limits specified in this Act, the insurance carrier may
17plead against any plaintiff, with respect to the amount of
18such excess limits of liability, any defense which it may be
19entitled to plead against the insured.
20    (i) Proration of Insurance Permitted. --The policy may
21provide for the pro-rating of the insurance thereunder with
22other applicable valid and collectible insurance.
23    (j) Binders. --Any binder pending the issuance of any
24policy, which binder contains or by reference includes the
25provisions hereunder shall be sufficient proof of ability to
26respond in damages.

 

 

HB5496- 398 -LRB102 25260 LNS 34533 b

1    (k) Copy of Policy to Be Filed with Department of
2Insurance--Approval. --A copy of the form of every motor
3vehicle liability policy which is to be used to meet the
4requirements of this Act must be filed, by the company
5offering such policy, with the Department of Insurance, which
6shall approve or disapprove the policy within 30 days of its
7filing. If the Department approves the policy in writing
8within such 30 day period or fails to take action for 30 days,
9the form of policy shall be deemed approved as filed. If within
10the 30 days the Department disapproves the form of policy
11filed upon the ground that it does not comply with the
12requirements of this Act, the Department shall give written
13notice of its decision and its reasons therefor to the carrier
14and the policy shall not be accepted as proof of financial
15responsibility under this Act.
16    (l) Insurance Carrier Required to File Certificate. --An
17insurance carrier who has issued a motor vehicle liability
18policy or policies or an operator's policy meeting the
19requirements of this Act shall, upon the request of the
20insured therein, deliver to the insured for filing, or at the
21request of the insured, shall file direct, with the Secretary
22of State a certificate, as required by this Act, which shows
23that such policy or policies have been issued. No insurance
24carrier may require the payment of any extra fee or surcharge,
25in addition to the insurance premium, for the execution,
26delivery or filing of such certificate.

 

 

HB5496- 399 -LRB102 25260 LNS 34533 b

1    (m) Proof When Made By Endorsement. --Any motor vehicle
2liability policy which by endorsement contains the provisions
3required hereunder shall be sufficient proof of ability to
4respond in damages.
5(Source: P.A. 98-519, eff. 1-1-15.)
 
6    (625 ILCS 5/7-328)  (from Ch. 95 1/2, par. 7-328)
7    Sec. 7-328. Duration of proof - When proof may be canceled
8or returned. The Secretary of State shall upon request cancel
9any bond or return any certificate of insurance, or the
10Secretary of State shall direct and the State Treasurer shall
11return to the person entitled thereto any money or securities,
12deposited pursuant to this Chapter as proof of financial
13responsibility or waive the requirements of filing proof of
14financial responsibility in any of the following events:
15    1. In the event of the death of the person on whose behalf
16such proof was filed, or the permanent incapacity of such
17person to operate a motor vehicle;
18    2. In the event the person who has given proof of financial
19responsibility surrenders such person's driver's license,
20registration certificates, license plates and registration
21stickers, but the Secretary of State shall not release such
22proof in the event any action for damages upon a liability
23referred to in this Article is then pending or any judgment
24upon any such liability is then outstanding and unsatisfied or
25in the event the Secretary of State has received notice that

 

 

HB5496- 400 -LRB102 25260 LNS 34533 b

1such person has, within the period of 3 months immediately
2preceding, been involved as a driver in any motor vehicle
3crash accident. An affidavit of the applicant of the
4nonexistence of such facts shall be sufficient evidence
5thereof in the absence of evidence to the contrary in the
6records of the Secretary of State. Any person who has not
7completed the required 3 year period of proof of financial
8responsibility pursuant to Section 7-304, and to whom proof
9has been surrendered as provided in this paragraph applies for
10a driver's license or the registration of a motor vehicle
11shall have the application denied unless the applicant
12re-establishes such proof for the remainder of such period.
13    3. In the event that proof of financial responsibility has
14been deposited voluntarily, at any time upon request of the
15person entitled thereto, provided that the person on whose
16behalf such proof was given has not, during the period between
17the date of the original deposit thereof and the date of such
18request, been convicted of any offense for which revocation is
19mandatory as provided in Section 6-205; provided, further,
20that no action for damages is pending against such person on
21whose behalf such proof of financial responsibility was
22furnished and no judgment against such person is outstanding
23and unsatisfied in respect to bodily injury, or in respect to
24damage to property resulting from the ownership, maintenance,
25use or operation hereafter of a motor vehicle. An affidavit of
26the applicant under this Section shall be sufficient evidence

 

 

HB5496- 401 -LRB102 25260 LNS 34533 b

1of the facts in the absence of evidence to the contrary in the
2records of the Secretary of State.
3(Source: P.A. 85-321.)
 
4    (625 ILCS 5/7-329)  (from Ch. 95 1/2, par. 7-329)
5    Sec. 7-329. Proof of financial responsibility made
6voluntarily. 1. Proof of financial responsibility may be
7voluntarily by or on behalf of any person. The privilege of
8operation of any motor vehicle within this State by such
9person shall not be suspended or withdrawn under the
10provisions of this Article if such proof of financial
11responsibility has been voluntarily filed or deposited prior
12to the offense or crash accident out of which any conviction,
13judgment, or order arises and if such proof, at the date of
14such conviction, judgment, or order, is valid and sufficient
15for the requirements of this Code.
16    2. If the Secretary of State receives record of any
17conviction or judgment against such person which, in the
18absence of such proof of financial responsibility would have
19caused the suspension of the driver's license of such person,
20the Secretary of State shall forthwith notify the insurer or
21surety of such person of the conviction or judgment so
22reported.
23(Source: P.A. 83-831.)
 
24    (625 ILCS 5/7-502)  (from Ch. 95 1/2, par. 7-502)

 

 

HB5496- 402 -LRB102 25260 LNS 34533 b

1    Sec. 7-502. Self-insurers. Any person in whose name more
2than 25 motor vehicles are registered may qualify as a
3self-insurer by obtaining a certificate of self-insurance
4issued by the Director of the Department of Insurance as
5provided in this Section.
6    The Director may, in his discretion, upon the application
7of such a person, issue a certificate of self-insurance when
8he is satisfied that such person is possessed and will
9continue to be possessed of ability to pay judgment obtained
10against such person.
11    Upon not less than 5 days' notice, and a hearing pursuant
12to such notice, the Director may upon reasonable grounds
13cancel a certificate of self-insurance. Failure to pay any
14judgment against any person covered by such certificate of
15self-insurance and arising out of any crash accident in which
16a motor vehicle covered by such certificate of self-insurance
17has been involved within 30 days after such judgment shall
18have become final shall constitute a reasonable ground for the
19cancellation of a certificate of self-insurance.
20(Source: P.A. 82-138.)
 
21    (625 ILCS 5/7-504)
22    Sec. 7-504. Emergency telephone system outages;
23reimbursement. Any person who negligently causes a motor
24vehicle crash accident that causes an emergency telephone
25system outage must reimburse the public safety agency that

 

 

HB5496- 403 -LRB102 25260 LNS 34533 b

1provides personnel to answer calls or to maintain or operate
2an emergency telephone system during the outage for the
3agency's costs associated with answering calls or maintaining
4or operating the system during the outage. For the purposes of
5this Section, "public safety agency" means the same as in
6Section 2.02 of the Emergency Telephone System Act.
7(Source: P.A. 92-149, eff. 1-1-02.)
 
8    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)
9    Sec. 7-604. Verification of liability insurance policy.
10    (a) The Secretary of State may select random samples of
11registrations of motor vehicles subject to Section 7-601 of
12this Code, or owners thereof, for the purpose of verifying
13whether or not the motor vehicles are insured.
14    In addition to such general random samples of motor
15vehicle registrations, the Secretary may select for
16verification other random samples, including, but not limited
17to registrations of motor vehicles owned by persons:
18        (1) whose motor vehicle registrations during the
19    preceding 4 years have been suspended pursuant to Section
20    7-606 or 7-607 of this Code;
21        (2) who during the preceding 4 years have been
22    convicted of violating Section 3-707, 3-708, or 3-710 of
23    this Code while operating vehicles owned by other persons;
24        (3) whose driving privileges have been suspended
25    during the preceding 4 years;

 

 

HB5496- 404 -LRB102 25260 LNS 34533 b

1        (4) who during the preceding 4 years acquired
2    ownership of motor vehicles while the registrations of
3    such vehicles under the previous owners were suspended
4    pursuant to Section 7-606 or 7-607 of this Code; or
5        (5) who during the preceding 4 years have received a
6    disposition of supervision under subsection (c) of Section
7    5-6-1 of the Unified Code of Corrections for a violation
8    of Section 3-707, 3-708, or 3-710 of this Code.
9    (b) Upon receiving certification from the Department of
10Transportation under Section 7-201.2 of this Code of the name
11of an owner or operator of any motor vehicle involved in a
12crash an accident, the Secretary may verify whether or not at
13the time of the crash accident such motor vehicle was covered
14by a liability insurance policy in accordance with Section
157-601 of this Code.
16    (c) In preparation for selection of random samples and
17their verification, the Secretary may send to owners of
18randomly selected motor vehicles, or to randomly selected
19motor vehicle owners, requests for information about their
20motor vehicles and liability insurance coverage electronically
21or, if electronic means are unavailable, via U.S. mail. The
22request shall require the owner to state whether or not the
23motor vehicle was insured on the verification date stated in
24the Secretary's request and the request may require, but is
25not limited to, a statement by the owner of the names and
26addresses of insurers, policy numbers, and expiration dates of

 

 

HB5496- 405 -LRB102 25260 LNS 34533 b

1insurance coverage.
2    (d) Within 30 days after the Secretary sends a request
3under subsection (c) of this Section, the owner to whom it is
4sent shall furnish the requested information to the Secretary
5above the owner's signed affirmation that such information is
6true and correct. Proof of insurance in effect on the
7verification date, as prescribed by the Secretary, may be
8considered by the Secretary to be a satisfactory response to
9the request for information.
10    Any owner whose response indicates that his or her vehicle
11was not covered by a liability insurance policy in accordance
12with Section 7-601 of this Code shall be deemed to have
13registered or maintained registration of a motor vehicle in
14violation of that Section. Any owner who fails to respond to
15such a request shall be deemed to have registered or
16maintained registration of a motor vehicle in violation of
17Section 7-601 of this Code.
18    (e) If the owner responds to the request for information
19by asserting that his or her vehicle was covered by a liability
20insurance policy on the verification date stated in the
21Secretary's request, the Secretary may conduct a verification
22of the response by furnishing necessary information to the
23insurer named in the response. The insurer shall within 45
24days inform the Secretary whether or not on the verification
25date stated the motor vehicle was insured by the insurer in
26accordance with Section 7-601 of this Code. The Secretary may

 

 

HB5496- 406 -LRB102 25260 LNS 34533 b

1by rule and regulation prescribe the procedures for
2verification.
3    (f) No random sample selected under this Section shall be
4categorized on the basis of race, color, religion, sex,
5national origin, ancestry, age, marital status, physical or
6mental disability, economic status, or geography.
7    (g) (Blank).
8    (h) This Section shall be inoperative upon the effective
9date of the rules adopted by the Secretary to implement
10Section 7-603.5 of this Code.
11(Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A.
1299-483 for the effective date of changes made by P.A. 99-333);
1399-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff.
141-1-18; 100-863, eff. 8-14-18.)
 
15    (625 ILCS 5/9-105)  (from Ch. 95 1/2, par. 9-105)
16    Sec. 9-105. Insurance policy as proof - requirements. A
17motor vehicle liability policy in a solvent and responsible
18company, authorized to do business in the State of Illinois,
19providing that the insurance carrier will pay any judgment
20within 30 days after it becomes final, recovered against the
21customer or against any person operating the motor vehicle
22with the customer's express or implied consent, for damage to
23property other than to the rented motor vehicles, or for an
24injury to or for the death of any person, including an occupant
25of the rented motor vehicle, resulting from the operation of

 

 

HB5496- 407 -LRB102 25260 LNS 34533 b

1the motor vehicle shall serve as proof of financial
2responsibility; provided however, every such policy provides
3insurance insuring the operator of the rented motor vehicle
4against liability upon such insured to a minimum amount of
5$50,000 because of bodily injury to, or death of any one person
6or damage to property and $100,000 because of bodily injury to
7or death of 2 or more persons in any one motor vehicle crash
8accident.
9(Source: P.A. 86-880.)
 
10    (625 ILCS 5/10-201)  (from Ch. 95 1/2, par. 10-201)
11    Sec. 10-201. Liability for bodily injury to or death of
12guest.
13    No person riding in or upon a motor vehicle or motorcycle
14as a guest without payment for such ride and who has solicited
15such ride in violation of Subsection (a) of Section 11-1006 of
16this Act, nor his personal representative in the event of the
17death of such guest, shall have a cause of action for damages
18against the driver or operator of such motor vehicle or
19motorcycle, or its owner or his employee or agent for injury,
20death or loss, in case of a crash accident, unless such crash
21accident has been caused by the willful and wanton misconduct
22of the driver or operator of such motor vehicle or motorcycle
23or its owner or his employee or agent and unless such willful
24and wanton misconduct contributed to the injury, death or loss
25for which the action is brought.

 

 

HB5496- 408 -LRB102 25260 LNS 34533 b

1    Nothing contained in this section relieves a motor vehicle
2or motorcycle carrier of passengers for hire of responsibility
3for injury or death sustained by any passenger for hire.
4    This amendatory Act of 1971 shall apply only to causes of
5action arising from crashes accidents occurring after its
6effective date.
7(Source: P.A. 77-1482.)
 
8    (625 ILCS 5/11-208.6)
9    Sec. 11-208.6. Automated traffic law enforcement system.
10    (a) As used in this Section, "automated traffic law
11enforcement system" means a device with one or more motor
12vehicle sensors working in conjunction with a red light signal
13to produce recorded images of motor vehicles entering an
14intersection against a red signal indication in violation of
15Section 11-306 of this Code or a similar provision of a local
16ordinance.
17    An automated traffic law enforcement system is a system,
18in a municipality or county operated by a governmental agency,
19that produces a recorded image of a motor vehicle's violation
20of a provision of this Code or a local ordinance and is
21designed to obtain a clear recorded image of the vehicle and
22the vehicle's license plate. The recorded image must also
23display the time, date, and location of the violation.
24    (b) As used in this Section, "recorded images" means
25images recorded by an automated traffic law enforcement system

 

 

HB5496- 409 -LRB102 25260 LNS 34533 b

1on:
2        (1) 2 or more photographs;
3        (2) 2 or more microphotographs;
4        (3) 2 or more electronic images; or
5        (4) a video recording showing the motor vehicle and,
6    on at least one image or portion of the recording, clearly
7    identifying the registration plate or digital registration
8    plate number of the motor vehicle.
9    (b-5) A municipality or county that produces a recorded
10image of a motor vehicle's violation of a provision of this
11Code or a local ordinance must make the recorded images of a
12violation accessible to the alleged violator by providing the
13alleged violator with a website address, accessible through
14the Internet.
15    (c) Except as provided under Section 11-208.8 of this
16Code, a county or municipality, including a home rule county
17or municipality, may not use an automated traffic law
18enforcement system to provide recorded images of a motor
19vehicle for the purpose of recording its speed. Except as
20provided under Section 11-208.8 of this Code, the regulation
21of the use of automated traffic law enforcement systems to
22record vehicle speeds is an exclusive power and function of
23the State. This subsection (c) is a denial and limitation of
24home rule powers and functions under subsection (h) of Section
256 of Article VII of the Illinois Constitution.
26    (c-5) A county or municipality, including a home rule

 

 

HB5496- 410 -LRB102 25260 LNS 34533 b

1county or municipality, may not use an automated traffic law
2enforcement system to issue violations in instances where the
3motor vehicle comes to a complete stop and does not enter the
4intersection, as defined by Section 1-132 of this Code, during
5the cycle of the red signal indication unless one or more
6pedestrians or bicyclists are present, even if the motor
7vehicle stops at a point past a stop line or crosswalk where a
8driver is required to stop, as specified in subsection (c) of
9Section 11-306 of this Code or a similar provision of a local
10ordinance.
11    (c-6) A county, or a municipality with less than 2,000,000
12inhabitants, including a home rule county or municipality, may
13not use an automated traffic law enforcement system to issue
14violations in instances where a motorcyclist enters an
15intersection against a red signal indication when the red
16signal fails to change to a green signal within a reasonable
17period of time not less than 120 seconds because of a signal
18malfunction or because the signal has failed to detect the
19arrival of the motorcycle due to the motorcycle's size or
20weight.
21    (d) For each violation of a provision of this Code or a
22local ordinance recorded by an automatic traffic law
23enforcement system, the county or municipality having
24jurisdiction shall issue a written notice of the violation to
25the registered owner of the vehicle as the alleged violator.
26The notice shall be delivered to the registered owner of the

 

 

HB5496- 411 -LRB102 25260 LNS 34533 b

1vehicle, by mail, within 30 days after the Secretary of State
2notifies the municipality or county of the identity of the
3owner of the vehicle, but in no event later than 90 days after
4the violation.
5    The notice shall include:
6        (1) the name and address of the registered owner of
7    the vehicle;
8        (2) the registration number of the motor vehicle
9    involved in the violation;
10        (3) the violation charged;
11        (4) the location where the violation occurred;
12        (5) the date and time of the violation;
13        (6) a copy of the recorded images;
14        (7) the amount of the civil penalty imposed and the
15    requirements of any traffic education program imposed and
16    the date by which the civil penalty should be paid and the
17    traffic education program should be completed;
18        (8) a statement that recorded images are evidence of a
19    violation of a red light signal;
20        (9) a warning that failure to pay the civil penalty,
21    to complete a required traffic education program, or to
22    contest liability in a timely manner is an admission of
23    liability;
24        (10) a statement that the person may elect to proceed
25    by:
26            (A) paying the fine, completing a required traffic

 

 

HB5496- 412 -LRB102 25260 LNS 34533 b

1        education program, or both; or
2            (B) challenging the charge in court, by mail, or
3        by administrative hearing; and
4        (11) a website address, accessible through the
5    Internet, where the person may view the recorded images of
6    the violation.
7    (e) (Blank).
8    (f) Based on inspection of recorded images produced by an
9automated traffic law enforcement system, a notice alleging
10that the violation occurred shall be evidence of the facts
11contained in the notice and admissible in any proceeding
12alleging a violation under this Section.
13    (g) Recorded images made by an automatic traffic law
14enforcement system are confidential and shall be made
15available only to the alleged violator and governmental and
16law enforcement agencies for purposes of adjudicating a
17violation of this Section, for statistical purposes, or for
18other governmental purposes. Any recorded image evidencing a
19violation of this Section, however, may be admissible in any
20proceeding resulting from the issuance of the citation.
21    (h) The court or hearing officer may consider in defense
22of a violation:
23        (1) that the motor vehicle or registration plates or
24    digital registration plates of the motor vehicle were
25    stolen before the violation occurred and not under the
26    control of or in the possession of the owner at the time of

 

 

HB5496- 413 -LRB102 25260 LNS 34533 b

1    the violation;
2        (2) that the driver of the vehicle passed through the
3    intersection when the light was red either (i) in order to
4    yield the right-of-way to an emergency vehicle or (ii) as
5    part of a funeral procession; and
6        (3) any other evidence or issues provided by municipal
7    or county ordinance.
8    (i) To demonstrate that the motor vehicle or the
9registration plates or digital registration plates were stolen
10before the violation occurred and were not under the control
11or possession of the owner at the time of the violation, the
12owner must submit proof that a report concerning the stolen
13motor vehicle or registration plates was filed with a law
14enforcement agency in a timely manner.
15    (j) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $100 or the completion of a traffic
19education program, or both, plus an additional penalty of not
20more than $100 for failure to pay the original penalty or to
21complete a required traffic education program, or both, in a
22timely manner, if the motor vehicle is recorded by an
23automated traffic law enforcement system. A violation for
24which a civil penalty is imposed under this Section is not a
25violation of a traffic regulation governing the movement of
26vehicles and may not be recorded on the driving record of the

 

 

HB5496- 414 -LRB102 25260 LNS 34533 b

1owner of the vehicle.
2    (j-3) A registered owner who is a holder of a valid
3commercial driver's license is not required to complete a
4traffic education program.
5    (j-5) For purposes of the required traffic education
6program only, a registered owner may submit an affidavit to
7the court or hearing officer swearing that at the time of the
8alleged violation, the vehicle was in the custody and control
9of another person. The affidavit must identify the person in
10custody and control of the vehicle, including the person's
11name and current address. The person in custody and control of
12the vehicle at the time of the violation is required to
13complete the required traffic education program. If the person
14in custody and control of the vehicle at the time of the
15violation completes the required traffic education program,
16the registered owner of the vehicle is not required to
17complete a traffic education program.
18    (k) An intersection equipped with an automated traffic law
19enforcement system must be posted with a sign visible to
20approaching traffic indicating that the intersection is being
21monitored by an automated traffic law enforcement system.
22    (k-3) A municipality or county that has one or more
23intersections equipped with an automated traffic law
24enforcement system must provide notice to drivers by posting
25the locations of automated traffic law systems on the
26municipality or county website.

 

 

HB5496- 415 -LRB102 25260 LNS 34533 b

1    (k-5) An intersection equipped with an automated traffic
2law enforcement system must have a yellow change interval that
3conforms with the Illinois Manual on Uniform Traffic Control
4Devices (IMUTCD) published by the Illinois Department of
5Transportation.
6    (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36 month period
24following installation of the system indicates that there has
25been an increase in the rate of crashes accidents at the
26approach to the intersection monitored by the system, the

 

 

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1municipality or county shall undertake additional studies to
2determine the cause and severity of the crashes accidents, and
3may take any action that it determines is necessary or
4appropriate to reduce the number or severity of the crashes
5accidents at that intersection.
6    (l) The compensation paid for an automated traffic law
7enforcement system must be based on the value of the equipment
8or the services provided and may not be based on the number of
9traffic citations issued or the revenue generated by the
10system.
11    (m) This Section applies only to the counties of Cook,
12DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
13to municipalities located within those counties.
14    (n) The fee for participating in a traffic education
15program under this Section shall not exceed $25.
16    A low-income individual required to complete a traffic
17education program under this Section who provides proof of
18eligibility for the federal earned income tax credit under
19Section 32 of the Internal Revenue Code or the Illinois earned
20income tax credit under Section 212 of the Illinois Income Tax
21Act shall not be required to pay any fee for participating in a
22required traffic education program.
23    (o) (Blank).
24    (p) No person who is the lessor of a motor vehicle pursuant
25to a written lease agreement shall be liable for an automated
26speed or traffic law enforcement system violation involving

 

 

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1such motor vehicle during the period of the lease; provided
2that upon the request of the appropriate authority received
3within 120 days after the violation occurred, the lessor
4provides within 60 days after such receipt the name and
5address of the lessee.
6    Upon the provision of information by the lessor pursuant
7to this subsection, the county or municipality may issue the
8violation to the lessee of the vehicle in the same manner as it
9would issue a violation to a registered owner of a vehicle
10pursuant to this Section, and the lessee may be held liable for
11the violation.
12(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
13    (625 ILCS 5/11-208.9)
14    Sec. 11-208.9. Automated traffic law enforcement system;
15approaching, overtaking, and passing a school bus.
16    (a) As used in this Section, "automated traffic law
17enforcement system" means a device with one or more motor
18vehicle sensors working in conjunction with the visual signals
19on a school bus, as specified in Sections 12-803 and 12-805 of
20this Code, to produce recorded images of motor vehicles that
21fail to stop before meeting or overtaking, from either
22direction, any school bus stopped at any location for the
23purpose of receiving or discharging pupils in violation of
24Section 11-1414 of this Code or a similar provision of a local
25ordinance.

 

 

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1    An automated traffic law enforcement system is a system,
2in a municipality or county operated by a governmental agency,
3that produces a recorded image of a motor vehicle's violation
4of a provision of this Code or a local ordinance and is
5designed to obtain a clear recorded image of the vehicle and
6the vehicle's license plate. The recorded image must also
7display the time, date, and location of the violation.
8    (b) As used in this Section, "recorded images" means
9images recorded by an automated traffic law enforcement system
10on:
11        (1) 2 or more photographs;
12        (2) 2 or more microphotographs;
13        (3) 2 or more electronic images; or
14        (4) a video recording showing the motor vehicle and,
15    on at least one image or portion of the recording, clearly
16    identifying the registration plate or digital registration
17    plate number of the motor vehicle.
18    (c) A municipality or county that produces a recorded
19image of a motor vehicle's violation of a provision of this
20Code or a local ordinance must make the recorded images of a
21violation accessible to the alleged violator by providing the
22alleged violator with a website address, accessible through
23the Internet.
24    (d) For each violation of a provision of this Code or a
25local ordinance recorded by an automated traffic law
26enforcement system, the county or municipality having

 

 

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1jurisdiction shall issue a written notice of the violation to
2the registered owner of the vehicle as the alleged violator.
3The notice shall be delivered to the registered owner of the
4vehicle, by mail, within 30 days after the Secretary of State
5notifies the municipality or county of the identity of the
6owner of the vehicle, but in no event later than 90 days after
7the violation.
8    (e) The notice required under subsection (d) shall
9include:
10        (1) the name and address of the registered owner of
11    the vehicle;
12        (2) the registration number of the motor vehicle
13    involved in the violation;
14        (3) the violation charged;
15        (4) the location where the violation occurred;
16        (5) the date and time of the violation;
17        (6) a copy of the recorded images;
18        (7) the amount of the civil penalty imposed and the
19    date by which the civil penalty should be paid;
20        (8) a statement that recorded images are evidence of a
21    violation of overtaking or passing a school bus stopped
22    for the purpose of receiving or discharging pupils;
23        (9) a warning that failure to pay the civil penalty or
24    to contest liability in a timely manner is an admission of
25    liability;
26        (10) a statement that the person may elect to proceed

 

 

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1    by:
2            (A) paying the fine; or
3            (B) challenging the charge in court, by mail, or
4        by administrative hearing; and
5        (11) a website address, accessible through the
6    Internet, where the person may view the recorded images of
7    the violation.
8    (f) (Blank).
9    (g) Based on inspection of recorded images produced by an
10automated traffic law enforcement system, a notice alleging
11that the violation occurred shall be evidence of the facts
12contained in the notice and admissible in any proceeding
13alleging a violation under this Section.
14    (h) Recorded images made by an automated traffic law
15enforcement system are confidential and shall be made
16available only to the alleged violator and governmental and
17law enforcement agencies for purposes of adjudicating a
18violation of this Section, for statistical purposes, or for
19other governmental purposes. Any recorded image evidencing a
20violation of this Section, however, may be admissible in any
21proceeding resulting from the issuance of the citation.
22    (i) The court or hearing officer may consider in defense
23of a violation:
24        (1) that the motor vehicle or registration plates or
25    digital registration plates of the motor vehicle were
26    stolen before the violation occurred and not under the

 

 

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1    control of or in the possession of the owner at the time of
2    the violation;
3        (2) that the driver of the motor vehicle received a
4    Uniform Traffic Citation from a police officer for a
5    violation of Section 11-1414 of this Code within
6    one-eighth of a mile and 15 minutes of the violation that
7    was recorded by the system;
8        (3) that the visual signals required by Sections
9    12-803 and 12-805 of this Code were damaged, not
10    activated, not present in violation of Sections 12-803 and
11    12-805, or inoperable; and
12        (4) any other evidence or issues provided by municipal
13    or county ordinance.
14    (j) To demonstrate that the motor vehicle or the
15registration plates or digital registration plates were stolen
16before the violation occurred and were not under the control
17or possession of the owner at the time of the violation, the
18owner must submit proof that a report concerning the stolen
19motor vehicle or registration plates was filed with a law
20enforcement agency in a timely manner.
21    (k) Unless the driver of the motor vehicle received a
22Uniform Traffic Citation from a police officer at the time of
23the violation, the motor vehicle owner is subject to a civil
24penalty not exceeding $150 for a first time violation or $500
25for a second or subsequent violation, plus an additional
26penalty of not more than $100 for failure to pay the original

 

 

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1penalty in a timely manner, if the motor vehicle is recorded by
2an automated traffic law enforcement system. A violation for
3which a civil penalty is imposed under this Section is not a
4violation of a traffic regulation governing the movement of
5vehicles and may not be recorded on the driving record of the
6owner of the vehicle, but may be recorded by the municipality
7or county for the purpose of determining if a person is subject
8to the higher fine for a second or subsequent offense.
9    (l) A school bus equipped with an automated traffic law
10enforcement system must be posted with a sign indicating that
11the school bus is being monitored by an automated traffic law
12enforcement system.
13    (m) A municipality or county that has one or more school
14buses equipped with an automated traffic law enforcement
15system must provide notice to drivers by posting a list of
16school districts using school buses equipped with an automated
17traffic law enforcement system on the municipality or county
18website. School districts that have one or more school buses
19equipped with an automated traffic law enforcement system must
20provide notice to drivers by posting that information on their
21websites.
22    (n) A municipality or county operating an automated
23traffic law enforcement system shall conduct a statistical
24analysis to assess the safety impact in each school district
25using school buses equipped with an automated traffic law
26enforcement system following installation of the system. The

 

 

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1statistical analysis shall be based upon the best available
2crash, traffic, and other data, and shall cover a period of
3time before and after installation of the system sufficient to
4provide a statistically valid comparison of safety impact. The
5statistical analysis shall be consistent with professional
6judgment and acceptable industry practice. The statistical
7analysis also shall be consistent with the data required for
8valid comparisons of before and after conditions and shall be
9conducted within a reasonable period following the
10installation of the automated traffic law enforcement system.
11The statistical analysis required by this subsection shall be
12made available to the public and shall be published on the
13website of the municipality or county. If the statistical
14analysis for the 36-month period following installation of the
15system indicates that there has been an increase in the rate of
16crashes accidents at the approach to school buses monitored by
17the system, the municipality or county shall undertake
18additional studies to determine the cause and severity of the
19crashes accidents, and may take any action that it determines
20is necessary or appropriate to reduce the number or severity
21of the crashes accidents involving school buses equipped with
22an automated traffic law enforcement system.
23    (o) The compensation paid for an automated traffic law
24enforcement system must be based on the value of the equipment
25or the services provided and may not be based on the number of
26traffic citations issued or the revenue generated by the

 

 

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1system.
2    (p) No person who is the lessor of a motor vehicle pursuant
3to a written lease agreement shall be liable for an automated
4speed or traffic law enforcement system violation involving
5such motor vehicle during the period of the lease; provided
6that upon the request of the appropriate authority received
7within 120 days after the violation occurred, the lessor
8provides within 60 days after such receipt the name and
9address of the lessee.
10    Upon the provision of information by the lessor pursuant
11to this subsection, the county or municipality may issue the
12violation to the lessee of the vehicle in the same manner as it
13would issue a violation to a registered owner of a vehicle
14pursuant to this Section, and the lessee may be held liable for
15the violation.
16    (q) (Blank).
17    (r) After a municipality or county enacts an ordinance
18providing for automated traffic law enforcement systems under
19this Section, each school district within that municipality or
20county's jurisdiction may implement an automated traffic law
21enforcement system under this Section. The elected school
22board for that district must approve the implementation of an
23automated traffic law enforcement system. The school district
24shall be responsible for entering into a contract, approved by
25the elected school board of that district, with vendors for
26the installation, maintenance, and operation of the automated

 

 

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1traffic law enforcement system. The school district must enter
2into an intergovernmental agreement, approved by the elected
3school board of that district, with the municipality or county
4with jurisdiction over that school district for the
5administration of the automated traffic law enforcement
6system. The proceeds from a school district's automated
7traffic law enforcement system's fines shall be divided
8equally between the school district and the municipality or
9county administering the automated traffic law enforcement
10system.
11(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
12    (625 ILCS 5/Ch. 11 Art. IV heading)
13
ARTICLE IV. CRASHES ACCIDENTS

 
14    (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
15    Sec. 11-401. Motor vehicle crashes accidents involving
16death or personal injuries.
17    (a) The driver of any vehicle involved in a motor vehicle
18crashes accident resulting in personal injury to or death of
19any person shall immediately stop such vehicle at the scene of
20such crash accident, or as close thereto as possible and shall
21then forthwith return to, and in every event shall remain at
22the scene of the crash accident until the requirements of
23Section 11-403 have been fulfilled. Every such stop shall be
24made without obstructing traffic more than is necessary.

 

 

HB5496- 426 -LRB102 25260 LNS 34533 b

1    (b) Any person who has failed to stop or to comply with the
2requirements of paragraph (a) shall, as soon as possible but
3in no case later than one-half hour after such motor vehicle
4crash accident, or, if hospitalized and incapacitated from
5reporting at any time during such period, as soon as possible
6but in no case later than one-half hour after being discharged
7from the hospital, report the place of the crash accident, the
8date, the approximate time, the driver's name and address, the
9registration number of the vehicle driven, and the names of
10all other occupants of such vehicle, at a police station or
11sheriff's office near the place where such crash accident
12occurred. No report made as required under this paragraph
13shall be used, directly or indirectly, as a basis for the
14prosecution of any violation of paragraph (a).
15    (b-1) Any person arrested for violating this Section is
16subject to chemical testing of his or her blood, breath, other
17bodily substance, or urine for the presence of alcohol, other
18drug or drugs, intoxicating compound or compounds, or any
19combination thereof, as provided in Section 11-501.1, if the
20testing occurs within 12 hours of the time of the occurrence of
21the crash accident that led to his or her arrest. The person's
22driving privileges are subject to statutory summary suspension
23under Section 11-501.1 if he or she fails testing or statutory
24summary revocation under Section 11-501.1 if he or she refuses
25to undergo the testing.
26    For purposes of this Section, personal injury shall mean

 

 

HB5496- 427 -LRB102 25260 LNS 34533 b

1any injury requiring immediate professional treatment in a
2medical facility or doctor's office.
3    (c) Any person failing to comply with paragraph (a) shall
4be guilty of a Class 4 felony.
5    (d) Any person failing to comply with paragraph (b) is
6guilty of a Class 2 felony if the motor vehicle crash accident
7does not result in the death of any person. Any person failing
8to comply with paragraph (b) when the crash accident results
9in the death of any person is guilty of a Class 1 felony.
10    (e) The Secretary of State shall revoke the driving
11privilege of any person convicted of a violation of this
12Section.
13(Source: P.A. 99-697, eff. 7-29-16.)
 
14    (625 ILCS 5/11-402)  (from Ch. 95 1/2, par. 11-402)
15    Sec. 11-402. Motor vehicle crash accident involving damage
16to vehicle.
17    (a) The driver of any vehicle involved in a motor vehicle
18crash accident resulting only in damage to a vehicle which is
19driven or attended by any person shall immediately stop such
20vehicle at the scene of such motor vehicle crash accident or as
21close thereto as possible, but shall forthwith return to and
22in every event shall remain at the scene of such motor vehicle
23crash accident until the requirements of Section 11-403 have
24been fulfilled. A driver does not violate this Section if the
25driver moves the vehicle as soon as possible off the highway to

 

 

HB5496- 428 -LRB102 25260 LNS 34533 b

1the nearest safe location on an exit ramp shoulder, a frontage
2road, the nearest suitable cross street, or other suitable
3location that does not obstruct traffic and remains at that
4location until the driver has fulfilled the requirements of
5Section 11-403. Every such stop shall be made without
6obstructing traffic more than is necessary. If a damaged
7vehicle is obstructing traffic lanes, the driver of the
8vehicle must make every reasonable effort to move the vehicle
9or have it moved so as not to block the traffic lanes.
10    Any person failing to comply with this Section shall be
11guilty of a Class A misdemeanor.
12    (b) Upon conviction of a violation of this Section, the
13court shall make a finding as to whether the damage to a
14vehicle is in excess of $1,000, and in such case a statement of
15this finding shall be reported to the Secretary of State with
16the report of conviction as required by Section 6-204 of this
17Code. Upon receipt of such report of conviction and statement
18of finding that the damage to a vehicle is in excess of $1,000,
19the Secretary of State shall suspend the driver's license or
20any nonresident's driving privilege.
21    (c) If any peace officer or highway authority official
22finds (i) a vehicle standing upon a highway or toll highway in
23violation of a prohibition, limitation, or restriction on
24stopping, standing, or parking imposed under this Code or (ii)
25a disabled vehicle that obstructs the roadway of a highway or
26toll highway, the peace officer or highway authority official

 

 

HB5496- 429 -LRB102 25260 LNS 34533 b

1is authorized to move the vehicle or to require the operator of
2the vehicle to move the vehicle to the shoulder of the road, to
3a position where parking is permitted, or to public parking or
4storage premises. The removal may be performed by, or under
5the direction of, the peace officer or highway authority
6official or may be contracted for by local authorities. After
7the vehicle has been removed, the peace officer or highway
8authority official shall follow appropriate procedures, as
9provided in Section 4-203 of this Code.
10    (d) A towing service, its officers, and its employees are
11not liable for loss of or damages to any real or personal
12property that occurs as the result of the removal or towing of
13any vehicle under subsection (c), as provided in subsection
14(b) of Section 4-213.
15(Source: P.A. 97-763, eff. 1-1-13.)
 
16    (625 ILCS 5/11-403)  (from Ch. 95 1/2, par. 11-403)
17    Sec. 11-403. Duty to give information and render aid. The
18driver of any vehicle involved in a motor vehicle crash
19accident resulting in injury to or death of any person or
20damage to any vehicle which is driven or attended by any person
21shall give the driver's name, address, registration number and
22owner of the vehicle the driver is operating and shall upon
23request and if available exhibit such driver's license to the
24person struck or the driver or occupant of or person attending
25any vehicle collided with and shall render to any person

 

 

HB5496- 430 -LRB102 25260 LNS 34533 b

1injured in such crash accident reasonable assistance,
2including the carrying or the making of arrangements for the
3carrying of such person to a physician, surgeon or hospital
4for medical or surgical treatment, if it is apparent that such
5treatment is necessary or if such carrying is requested by the
6injured person.
7    If none of the persons entitled to information pursuant to
8this Section is in condition to receive and understand such
9information and no police officer is present, such driver
10after rendering reasonable assistance shall forthwith report
11such motor vehicle crash accident at the nearest office of a
12duly authorized police authority, disclosing the information
13required by this Section.
14    Any person failing to comply with this Section shall be
15guilty of a Class A misdemeanor.
16(Source: P.A. 83-831.)
 
17    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
18    Sec. 11-404. Duty upon damaging unattended vehicle or
19other property.
20    (a) The driver of any vehicle which collides with or is
21involved in a motor vehicle crash accident with any vehicle
22which is unattended, or other property, resulting in any
23damage to such other vehicle or property shall immediately
24stop and shall then and there either locate and notify the
25operator or owner of such vehicle or other property of the

 

 

HB5496- 431 -LRB102 25260 LNS 34533 b

1driver's name, address, registration number and owner of the
2vehicle the driver was operating or shall attach securely in a
3conspicuous place on or in the vehicle or other property
4struck a written notice giving the driver's name, address,
5registration number and owner of the vehicle the driver was
6driving and shall without unnecessary delay notify the nearest
7office of a duly authorized police authority and shall make a
8written report of such crash accident when and as required in
9Section 11-406. Every such stop shall be made without
10obstructing traffic more than is necessary. If a damaged
11vehicle is obstructing traffic lanes, the driver of the
12vehicle must make every reasonable effort to move the vehicle
13or have it moved so as not to block the traffic lanes.
14    (b) Any person failing to comply with this Section shall
15be guilty of a Class A misdemeanor.
16    (c) If any peace officer or highway authority official
17finds (i) a vehicle standing upon a highway or toll highway in
18violation of a prohibition, limitation, or restriction on
19stopping, standing, or parking imposed under this Code or (ii)
20a disabled vehicle that obstructs the roadway of a highway or
21toll highway, the peace officer or highway authority official
22is authorized to move the vehicle or to require the operator of
23the vehicle to move the vehicle to the shoulder of the road, to
24a position where parking is permitted, or to public parking or
25storage premises. The removal may be performed by, or under
26the direction of, the peace officer or highway authority

 

 

HB5496- 432 -LRB102 25260 LNS 34533 b

1official or may be contracted for by local authorities. After
2the vehicle has been removed, the peace officer or highway
3authority official shall follow appropriate procedures, as
4provided in Section 4-203 of this Code.
5    (d) A towing service, its officers, and its employees are
6not liable for loss of or damages to any real or personal
7property that occurs as the result of the removal or towing of
8any vehicle under subsection (c), as provided in subsection
9(b) of Section 4-213.
10(Source: P.A. 95-407, eff. 1-1-08.)
 
11    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
12    Sec. 11-407. Immediate notice of crash accident.
13    (a) The driver of a vehicle which is in any manner involved
14in a crash an accident described in Section 11-406 of this
15Chapter shall, if no police officer is present, give notice of
16the crash accident by the fastest available means of
17communication to the local police department if such crash
18accident occurs within a municipality or otherwise to the
19nearest office of the county sheriff or nearest headquarters
20of the Illinois State Police.
21    (b) Whenever the driver of a vehicle is physically
22incapable of giving immediate notice of a crash an accident as
23required in Subsection (a) and there was another occupant in
24the vehicle at the time of the crash accident capable of doing
25so, that occupant must give notice as required in Subsection

 

 

HB5496- 433 -LRB102 25260 LNS 34533 b

1(a).
2(Source: P.A. 76-2163.)
 
3    (625 ILCS 5/11-408)  (from Ch. 95 1/2, par. 11-408)
4    Sec. 11-408. Police to report motor vehicle crash accident
5investigations.
6    (a) Every law enforcement officer who investigates a motor
7vehicle crash accident for which a report is required by this
8Article or who prepares a written report as a result of an
9investigation either at the time and scene of such motor
10vehicle crash accident or thereafter by interviewing
11participants or witnesses shall forward a written report of
12such motor vehicle crash accident to the Administrator on
13forms provided by the Administrator under Section 11-411
14within 10 days after investigation of the motor vehicle crash
15accident, or within such other time as is prescribed by the
16Administrator. Such written reports and the information
17contained in those reports required to be forwarded by law
18enforcement officers shall not be held confidential by the
19reporting law enforcement officer or agency. The Secretary of
20State may also disclose notations of crash accident
21involvement maintained on individual driving records. However,
22the Administrator or the Secretary of State may require a
23supplemental written report from the reporting law enforcement
24officer.
25    (b) The Department at its discretion may require a

 

 

HB5496- 434 -LRB102 25260 LNS 34533 b

1supplemental written report from the reporting law enforcement
2officer on a form supplied by the Department to be submitted
3directly to the Department. Such supplemental report may be
4used only for crash accident studies and statistical or
5analytical purposes under Section 11-412 or 11-414 of this
6Code.
7    (c) The Department at its discretion may provide for
8in-depth investigations of crashes accidents involving
9Department employees or other motor vehicle crashes accidents
10by individuals or special investigation groups, including but
11not limited to police officers, photographers, engineers,
12doctors, mechanics, and as a result of the investigation may
13require the submission of written reports, photographs,
14charts, sketches, graphs, or a combination of all. Such
15individual written reports, photographs, charts, sketches, or
16graphs may be used only for crash accident studies and
17statistical or analytical purposes under Section 11-412 or
1811-414 of this Code.
19    (d) On and after July 1, 1997, law enforcement officers
20who have reason to suspect that the motor vehicle crash
21accident was the result of a driver's loss of consciousness
22due to a medical condition, as defined by the Driver's License
23Medical Review Law of 1992, or the result of any medical
24condition that impaired the driver's ability to safely operate
25a motor vehicle shall notify the Secretary of this
26determination. The Secretary, in conjunction with the Driver's

 

 

HB5496- 435 -LRB102 25260 LNS 34533 b

1License Medical Advisory Board, shall determine by
2administrative rule the temporary conditions not required to
3be reported under the provisions of this Section. The
4Secretary shall, in conjunction with the Illinois State Police
5and representatives of local and county law enforcement
6agencies, promulgate any rules necessary and develop the
7procedures and documents that may be required to obtain
8written, electronic, or other agreed upon methods of
9notification to implement the provisions of this Section.
10    (e) Law enforcement officers reporting under the
11provisions of subsection (d) of this Section shall enjoy the
12same immunities granted members of the Driver's License
13Medical Advisory Board under Section 6-910 of this Code.
14    (f) All information furnished to the Secretary under
15subsection (d) of this Section shall be deemed confidential
16and for the privileged use of the Secretary in accordance with
17the provisions of subsection (j) of Section 2-123 of this
18Code.
19(Source: P.A. 100-96, eff. 1-1-18.)
 
20    (625 ILCS 5/11-409)  (from Ch. 95 1/2, par. 11-409)
21    Sec. 11-409. False motor vehicle crash accident reports or
22notices. Any person who provides information in an oral or
23written report required by this Code with knowledge or reason
24to believe that such information is false shall be guilty of a
25Class C misdemeanor.

 

 

HB5496- 436 -LRB102 25260 LNS 34533 b

1(Source: P.A. 83-831.)
 
2    (625 ILCS 5/11-411)  (from Ch. 95 1/2, par. 11-411)
3    Sec. 11-411. Crash Accident report forms.
4    (a) The Administrator must prepare and upon request supply
5to police departments, sheriffs and other appropriate agencies
6or individuals, forms for written crash accident reports as
7required hereunder, suitable with respect to the persons
8required to make such reports and the purposes to be served.
9The written reports must call for sufficiently detailed
10information to disclose with reference to a vehicle crash
11accident the cause, conditions then existing, and the persons
12and vehicles involved or any other data concerning such crash
13accident that may be required for a complete analysis of all
14related circumstances and events leading to the crash accident
15or subsequent to the occurrence.
16    (b) Every crash accident report required to be made in
17writing must be made on an approved form or in an approved
18electronic format provided by the Administrator and must
19contain all the information required therein unless that
20information is not available. The Department shall adopt any
21rules necessary to implement this subsection (b).
22    (c) Should special crash accident studies be required by
23the Administrator, the Administrator may provide the
24supplemental forms for the special studies.
25(Source: P.A. 100-96, eff. 1-1-18.)
 

 

 

HB5496- 437 -LRB102 25260 LNS 34533 b

1    (625 ILCS 5/11-412)  (from Ch. 95 1/2, par. 11-412)
2    Sec. 11-412. Motor vehicle crash accident reports
3confidential.
4    (a) All required written motor vehicle crash accident
5reports and supplemental reports shall be without prejudice to
6the individual so reporting and shall be for the confidential
7use of the Department and the Secretary of State and, in the
8case of second division vehicles operated under certificate of
9convenience and necessity issued by the Illinois Commerce
10Commission, of the Commission, except that the Administrator
11or the Secretary of State or the Commission may disclose the
12identity of a person involved in a motor vehicle crash
13accident when such identity is not otherwise known or when
14such person denies his presence at such motor vehicle crash
15accident and the Department shall disclose the identity of the
16insurance carrier, if any, upon demand. The Secretary of State
17may also disclose notations of crash accident involvement
18maintained on individual driving records.
19    (b) Upon written request, the Department shall furnish
20copies of its written crash accident reports or any
21supplemental reports to federal, State, and local agencies
22that are engaged in highway safety research and studies and to
23any person or entity that has a contractual agreement with the
24Department or a federal, State, or local agency to complete a
25highway safety research and study for the Department or the

 

 

HB5496- 438 -LRB102 25260 LNS 34533 b

1federal, State, or local agency. Reports furnished to any
2agency, person, or entity other than the Secretary of State or
3the Illinois Commerce Commission may be used only for
4statistical or analytical purposes and shall be held
5confidential by that agency, person, or entity. These reports
6shall be exempt from inspection and copying under the Freedom
7of Information Act and shall not be used as evidence in any
8trial, civil or criminal, arising out of a motor vehicle crash
9accident, except that the Administrator shall furnish upon
10demand of any person who has, or claims to have, made such a
11written or supplemental report, or upon demand of any court, a
12certificate showing that a specified written crash accident
13report or supplemental report has or has not been made to the
14Administrator solely to prove a compliance or a failure to
15comply with the requirement that such a written or
16supplemental report be made to the Administrator.
17    (c) Upon written request, the Department shall furnish
18motor vehicle crash accident data to a federal, State, or
19local agency, the Secretary of State, the Illinois Commerce
20Commission, or any other person or entity under Section 11-417
21of this Code.
22    (d) The Department at its discretion may provide for
23in-depth investigations of crashes accidents involving
24Department employees or other motor vehicle crashes accidents.
25A written report describing the preventability of such a crash
26an accident may be prepared to enhance the safety of

 

 

HB5496- 439 -LRB102 25260 LNS 34533 b

1Department employees or the traveling public. Such reports and
2the information contained in those reports and any opinions
3expressed in the review of the crash accident as to the
4preventability of the crash accident shall be for the
5privileged use of the Department and held confidential and
6shall not be obtainable or used in any civil or criminal
7proceeding.
8(Source: P.A. 100-96, eff. 1-1-18.)
 
9    (625 ILCS 5/11-413)  (from Ch. 95 1/2, par. 11-413)
10    Sec. 11-413. Coroners to report. All coroners shall on or
11before the 10th day of each month report in writing to the
12Administrator the death of any person within their respective
13jurisdiction, during the preceding calendar month, as the
14result of a traffic crash accident giving the time and place of
15the crash accident and the circumstances relating thereto.
16(Source: P.A. 83-831.)
 
17    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
18    Sec. 11-414. Department to tabulate and analyze motor
19vehicle crash accident reports. The Department shall tabulate
20and may analyze all written motor vehicle crash accident
21reports received in compliance with this Code and shall
22publish annually or at more frequent intervals motor vehicle
23crash accident data. The Department:
24        1. (blank);

 

 

HB5496- 440 -LRB102 25260 LNS 34533 b

1        2. shall, upon written request, make available to the
2    public motor vehicle crash accident data that shall be
3    distributed under Sections 11-412 and 11-417 of this Code;
4        3. may conduct special investigations of motor vehicle
5    crashes accidents and may solicit supplementary reports
6    from drivers, owners, police departments, sheriffs,
7    coroners, or any other individual. Failure of any
8    individual to submit a supplementary report subjects such
9    individual to the same penalties for failure to report as
10    designated under Section 11-406.
11(Source: P.A. 100-96, eff. 1-1-18.)
 
12    (625 ILCS 5/11-415)  (from Ch. 95 1/2, par. 11-415)
13    Sec. 11-415. Municipalities may require traffic crash
14accident reports. Municipalities may by ordinance require that
15the driver or owner of a vehicle involved in a traffic crash
16accident file with the designated municipal office a written
17report of such crash accident. All such reports shall be for
18the confidential use of the municipal office and subject to
19the provisions of Section 11-412.
20(Source: P.A. 83-831.)
 
21    (625 ILCS 5/11-416)  (from Ch. 95 1/2, par. 11-416)
22    Sec. 11-416. Furnishing copies - Fees. The Illinois State
23Police may furnish copies of an Illinois State Police Traffic
24Crash Accident Report that has been investigated by the

 

 

HB5496- 441 -LRB102 25260 LNS 34533 b

1Illinois State Police and shall be paid a fee of $5 for each
2such copy, or in the case of a crash an accident which was
3investigated by a crash an accident reconstruction officer or
4crash accident reconstruction team, a fee of $20 shall be
5paid. These fees shall be deposited into the State Police
6Services Fund.
7    Other State law enforcement agencies or law enforcement
8agencies of local authorities may furnish copies of traffic
9crash accident reports prepared by such agencies and may
10receive a fee not to exceed $5 for each copy or in the case of
11a crash an accident which was investigated by a crash an
12accident reconstruction officer or crash accident
13reconstruction team, the State or local law enforcement agency
14may receive a fee not to exceed $20.
15    Any written crash accident report required or requested to
16be furnished the Administrator shall be provided without cost
17or fee charges authorized under this Section or any other
18provision of law.
19(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
 
20    (625 ILCS 5/11-417)
21    Sec. 11-417. Motor vehicle crash accident report and motor
22vehicle crash accident data.
23    (a) Upon written request and payment of the required fee,
24the Department shall make available to the public motor
25vehicle crash accident data received in compliance with this

 

 

HB5496- 442 -LRB102 25260 LNS 34533 b

1Code. The Department shall adopt any rules necessary to
2establish a fee schedule for motor vehicle crash accident data
3made available under Section 11-414 of this Code.
4    (b) The Department shall provide copies of a written motor
5vehicle crash accident report or motor vehicle crash accident
6data without any cost or fees authorized under any provision
7of law to a federal, State, or local agency, the Secretary of
8State, the Illinois Commerce Commission, or any other person
9or entity that has a contractual agreement with the Department
10or a federal, State, or local agency to complete a highway
11safety research and study for the Department or the federal,
12State, or local agency.
13    (c) All fees collected under this Section shall be placed
14in the Road Fund to be used, subject to appropriation, for the
15costs associated with motor vehicle crash accident records and
16motor vehicle crash accident data.
17(Source: P.A. 100-96, eff. 1-1-18.)
 
18    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
19    Sec. 11-501. Driving while under the influence of alcohol,
20other drug or drugs, intoxicating compound or compounds or any
21combination thereof.
22    (a) A person shall not drive or be in actual physical
23control of any vehicle within this State while:
24        (1) the alcohol concentration in the person's blood,
25    other bodily substance, or breath is 0.08 or more based on

 

 

HB5496- 443 -LRB102 25260 LNS 34533 b

1    the definition of blood and breath units in Section
2    11-501.2;
3        (2) under the influence of alcohol;
4        (3) under the influence of any intoxicating compound
5    or combination of intoxicating compounds to a degree that
6    renders the person incapable of driving safely;
7        (4) under the influence of any other drug or
8    combination of drugs to a degree that renders the person
9    incapable of safely driving;
10        (5) under the combined influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds to a
12    degree that renders the person incapable of safely
13    driving;
14        (6) there is any amount of a drug, substance, or
15    compound in the person's breath, blood, other bodily
16    substance, or urine resulting from the unlawful use or
17    consumption of a controlled substance listed in the
18    Illinois Controlled Substances Act, an intoxicating
19    compound listed in the Use of Intoxicating Compounds Act,
20    or methamphetamine as listed in the Methamphetamine
21    Control and Community Protection Act; or
22        (7) the person has, within 2 hours of driving or being
23    in actual physical control of a vehicle, a
24    tetrahydrocannabinol concentration in the person's whole
25    blood or other bodily substance as defined in paragraph 6
26    of subsection (a) of Section 11-501.2 of this Code.

 

 

HB5496- 444 -LRB102 25260 LNS 34533 b

1    Subject to all other requirements and provisions under
2    this Section, this paragraph (7) does not apply to the
3    lawful consumption of cannabis by a qualifying patient
4    licensed under the Compassionate Use of Medical Cannabis
5    Program Act who is in possession of a valid registry card
6    issued under that Act, unless that person is impaired by
7    the use of cannabis.
8    (b) The fact that any person charged with violating this
9Section is or has been legally entitled to use alcohol,
10cannabis under the Compassionate Use of Medical Cannabis
11Program Act, other drug or drugs, or intoxicating compound or
12compounds, or any combination thereof, shall not constitute a
13defense against any charge of violating this Section.
14    (c) Penalties.
15        (1) Except as otherwise provided in this Section, any
16    person convicted of violating subsection (a) of this
17    Section is guilty of a Class A misdemeanor.
18        (2) A person who violates subsection (a) or a similar
19    provision a second time shall be sentenced to a mandatory
20    minimum term of either 5 days of imprisonment or 240 hours
21    of community service in addition to any other criminal or
22    administrative sanction.
23        (3) A person who violates subsection (a) is subject to
24    6 months of imprisonment, an additional mandatory minimum
25    fine of $1,000, and 25 days of community service in a
26    program benefiting children if the person was transporting

 

 

HB5496- 445 -LRB102 25260 LNS 34533 b

1    a person under the age of 16 at the time of the violation.
2        (4) A person who violates subsection (a) a first time,
3    if the alcohol concentration in his or her blood, breath,
4    other bodily substance, or urine was 0.16 or more based on
5    the definition of blood, breath, other bodily substance,
6    or urine units in Section 11-501.2, shall be subject, in
7    addition to any other penalty that may be imposed, to a
8    mandatory minimum of 100 hours of community service and a
9    mandatory minimum fine of $500.
10        (5) A person who violates subsection (a) a second
11    time, if at the time of the second violation the alcohol
12    concentration in his or her blood, breath, other bodily
13    substance, or urine was 0.16 or more based on the
14    definition of blood, breath, other bodily substance, or
15    urine units in Section 11-501.2, shall be subject, in
16    addition to any other penalty that may be imposed, to a
17    mandatory minimum of 2 days of imprisonment and a
18    mandatory minimum fine of $1,250.
19    (d) Aggravated driving under the influence of alcohol,
20other drug or drugs, or intoxicating compound or compounds, or
21any combination thereof.
22        (1) Every person convicted of committing a violation
23    of this Section shall be guilty of aggravated driving
24    under the influence of alcohol, other drug or drugs, or
25    intoxicating compound or compounds, or any combination
26    thereof if:

 

 

HB5496- 446 -LRB102 25260 LNS 34533 b

1            (A) the person committed a violation of subsection
2        (a) or a similar provision for the third or subsequent
3        time;
4            (B) the person committed a violation of subsection
5        (a) while driving a school bus with one or more
6        passengers on board;
7            (C) the person in committing a violation of
8        subsection (a) was involved in a motor vehicle crash
9        accident that resulted in great bodily harm or
10        permanent disability or disfigurement to another, when
11        the violation was a proximate cause of the injuries;
12            (D) the person committed a violation of subsection
13        (a) and has been previously convicted of violating
14        Section 9-3 of the Criminal Code of 1961 or the
15        Criminal Code of 2012 or a similar provision of a law
16        of another state relating to reckless homicide in
17        which the person was determined to have been under the
18        influence of alcohol, other drug or drugs, or
19        intoxicating compound or compounds as an element of
20        the offense or the person has previously been
21        convicted under subparagraph (C) or subparagraph (F)
22        of this paragraph (1);
23            (E) the person, in committing a violation of
24        subsection (a) while driving at any speed in a school
25        speed zone at a time when a speed limit of 20 miles per
26        hour was in effect under subsection (a) of Section

 

 

HB5496- 447 -LRB102 25260 LNS 34533 b

1        11-605 of this Code, was involved in a motor vehicle
2        crash accident that resulted in bodily harm, other
3        than great bodily harm or permanent disability or
4        disfigurement, to another person, when the violation
5        of subsection (a) was a proximate cause of the bodily
6        harm;
7            (F) the person, in committing a violation of
8        subsection (a), was involved in a motor vehicle crash
9        or , snowmobile, all-terrain vehicle, or watercraft
10        accident that resulted in the death of another person,
11        when the violation of subsection (a) was a proximate
12        cause of the death;
13            (G) the person committed a violation of subsection
14        (a) during a period in which the defendant's driving
15        privileges are revoked or suspended, where the
16        revocation or suspension was for a violation of
17        subsection (a) or a similar provision, Section
18        11-501.1, paragraph (b) of Section 11-401, or for
19        reckless homicide as defined in Section 9-3 of the
20        Criminal Code of 1961 or the Criminal Code of 2012;
21            (H) the person committed the violation while he or
22        she did not possess a driver's license or permit or a
23        restricted driving permit or a judicial driving permit
24        or a monitoring device driving permit;
25            (I) the person committed the violation while he or
26        she knew or should have known that the vehicle he or

 

 

HB5496- 448 -LRB102 25260 LNS 34533 b

1        she was driving was not covered by a liability
2        insurance policy;
3            (J) the person in committing a violation of
4        subsection (a) was involved in a motor vehicle crash
5        accident that resulted in bodily harm, but not great
6        bodily harm, to the child under the age of 16 being
7        transported by the person, if the violation was the
8        proximate cause of the injury;
9            (K) the person in committing a second violation of
10        subsection (a) or a similar provision was transporting
11        a person under the age of 16; or
12            (L) the person committed a violation of subsection
13        (a) of this Section while transporting one or more
14        passengers in a vehicle for-hire.
15        (2)(A) Except as provided otherwise, a person
16    convicted of aggravated driving under the influence of
17    alcohol, other drug or drugs, or intoxicating compound or
18    compounds, or any combination thereof is guilty of a Class
19    4 felony.
20        (B) A third violation of this Section or a similar
21    provision is a Class 2 felony. If at the time of the third
22    violation the alcohol concentration in his or her blood,
23    breath, other bodily substance, or urine was 0.16 or more
24    based on the definition of blood, breath, other bodily
25    substance, or urine units in Section 11-501.2, a mandatory
26    minimum of 90 days of imprisonment and a mandatory minimum

 

 

HB5496- 449 -LRB102 25260 LNS 34533 b

1    fine of $2,500 shall be imposed in addition to any other
2    criminal or administrative sanction. If at the time of the
3    third violation, the defendant was transporting a person
4    under the age of 16, a mandatory fine of $25,000 and 25
5    days of community service in a program benefiting children
6    shall be imposed in addition to any other criminal or
7    administrative sanction.
8        (C) A fourth violation of this Section or a similar
9    provision is a Class 2 felony, for which a sentence of
10    probation or conditional discharge may not be imposed. If
11    at the time of the violation, the alcohol concentration in
12    the defendant's blood, breath, other bodily substance, or
13    urine was 0.16 or more based on the definition of blood,
14    breath, other bodily substance, or urine units in Section
15    11-501.2, a mandatory minimum fine of $5,000 shall be
16    imposed in addition to any other criminal or
17    administrative sanction. If at the time of the fourth
18    violation, the defendant was transporting a person under
19    the age of 16 a mandatory fine of $25,000 and 25 days of
20    community service in a program benefiting children shall
21    be imposed in addition to any other criminal or
22    administrative sanction.
23        (D) A fifth violation of this Section or a similar
24    provision is a Class 1 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

HB5496- 450 -LRB102 25260 LNS 34533 b

1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or
6    administrative sanction. If at the time of the fifth
7    violation, the defendant was transporting a person under
8    the age of 16, a mandatory fine of $25,000, and 25 days of
9    community service in a program benefiting children shall
10    be imposed in addition to any other criminal or
11    administrative sanction.
12        (E) A sixth or subsequent violation of this Section or
13    similar provision is a Class X felony. If at the time of
14    the violation, the alcohol concentration in the
15    defendant's blood, breath, other bodily substance, or
16    urine was 0.16 or more based on the definition of blood,
17    breath, other bodily substance, or urine units in Section
18    11-501.2, a mandatory minimum fine of $5,000 shall be
19    imposed in addition to any other criminal or
20    administrative sanction. If at the time of the violation,
21    the defendant was transporting a person under the age of
22    16, a mandatory fine of $25,000 and 25 days of community
23    service in a program benefiting children shall be imposed
24    in addition to any other criminal or administrative
25    sanction.
26        (F) For a violation of subparagraph (C) of paragraph

 

 

HB5496- 451 -LRB102 25260 LNS 34533 b

1    (1) of this subsection (d), the defendant, if sentenced to
2    a term of imprisonment, shall be sentenced to not less
3    than one year nor more than 12 years.
4        (G) A violation of subparagraph (F) of paragraph (1)
5    of this subsection (d) is a Class 2 felony, for which the
6    defendant, unless the court determines that extraordinary
7    circumstances exist and require probation, shall be
8    sentenced to: (i) a term of imprisonment of not less than 3
9    years and not more than 14 years if the violation resulted
10    in the death of one person; or (ii) a term of imprisonment
11    of not less than 6 years and not more than 28 years if the
12    violation resulted in the deaths of 2 or more persons.
13        (H) For a violation of subparagraph (J) of paragraph
14    (1) of this subsection (d), a mandatory fine of $2,500,
15    and 25 days of community service in a program benefiting
16    children shall be imposed in addition to any other
17    criminal or administrative sanction.
18        (I) A violation of subparagraph (K) of paragraph (1)
19    of this subsection (d), is a Class 2 felony and a mandatory
20    fine of $2,500, and 25 days of community service in a
21    program benefiting children shall be imposed in addition
22    to any other criminal or administrative sanction. If the
23    child being transported suffered bodily harm, but not
24    great bodily harm, in a motor vehicle crash accident, and
25    the violation was the proximate cause of that injury, a
26    mandatory fine of $5,000 and 25 days of community service

 

 

HB5496- 452 -LRB102 25260 LNS 34533 b

1    in a program benefiting children shall be imposed in
2    addition to any other criminal or administrative sanction.
3        (J) A violation of subparagraph (D) of paragraph (1)
4    of this subsection (d) is a Class 3 felony, for which a
5    sentence of probation or conditional discharge may not be
6    imposed.
7        (3) Any person sentenced under this subsection (d) who
8    receives a term of probation or conditional discharge must
9    serve a minimum term of either 480 hours of community
10    service or 10 days of imprisonment as a condition of the
11    probation or conditional discharge in addition to any
12    other criminal or administrative sanction.
13    (e) Any reference to a prior violation of subsection (a)
14or a similar provision includes any violation of a provision
15of a local ordinance or a provision of a law of another state
16or an offense committed on a military installation that is
17similar to a violation of subsection (a) of this Section.
18    (f) The imposition of a mandatory term of imprisonment or
19assignment of community service for a violation of this
20Section shall not be suspended or reduced by the court.
21    (g) Any penalty imposed for driving with a license that
22has been revoked for a previous violation of subsection (a) of
23this Section shall be in addition to the penalty imposed for
24any subsequent violation of subsection (a).
25    (h) For any prosecution under this Section, a certified
26copy of the driving abstract of the defendant shall be

 

 

HB5496- 453 -LRB102 25260 LNS 34533 b

1admitted as proof of any prior conviction.
2(Source: P.A. 101-363, eff. 8-9-19.)
 
3    (625 ILCS 5/11-501.1)
4    Sec. 11-501.1. Suspension of drivers license; statutory
5summary alcohol, other drug or drugs, or intoxicating compound
6or compounds related suspension or revocation; implied
7consent.
8    (a) Any person who drives or is in actual physical control
9of a motor vehicle upon the public highways of this State shall
10be deemed to have given consent, subject to the provisions of
11Section 11-501.2, to a chemical test or tests of blood,
12breath, other bodily substance, or urine for the purpose of
13determining the content of alcohol, other drug or drugs, or
14intoxicating compound or compounds or any combination thereof
15in the person's blood if arrested, as evidenced by the
16issuance of a Uniform Traffic Ticket, for any offense as
17defined in Section 11-501 or a similar provision of a local
18ordinance, or if arrested for violating Section 11-401. If a
19law enforcement officer has probable cause to believe the
20person was under the influence of alcohol, other drug or
21drugs, intoxicating compound or compounds, or any combination
22thereof, the law enforcement officer shall request a chemical
23test or tests which shall be administered at the direction of
24the arresting officer. The law enforcement agency employing
25the officer shall designate which of the aforesaid tests shall

 

 

HB5496- 454 -LRB102 25260 LNS 34533 b

1be administered. Up to 2 additional tests of urine or other
2bodily substance may be administered even after a blood or
3breath test or both has been administered. For purposes of
4this Section, an Illinois law enforcement officer of this
5State who is investigating the person for any offense defined
6in Section 11-501 may travel into an adjoining state, where
7the person has been transported for medical care, to complete
8an investigation and to request that the person submit to the
9test or tests set forth in this Section. The requirements of
10this Section that the person be arrested are inapplicable, but
11the officer shall issue the person a Uniform Traffic Ticket
12for an offense as defined in Section 11-501 or a similar
13provision of a local ordinance prior to requesting that the
14person submit to the test or tests. The issuance of the Uniform
15Traffic Ticket shall not constitute an arrest, but shall be
16for the purpose of notifying the person that he or she is
17subject to the provisions of this Section and of the officer's
18belief of the existence of probable cause to arrest. Upon
19returning to this State, the officer shall file the Uniform
20Traffic Ticket with the Circuit Clerk of the county where the
21offense was committed, and shall seek the issuance of an
22arrest warrant or a summons for the person.
23    (a-5) (Blank).
24    (b) Any person who is dead, unconscious, or who is
25otherwise in a condition rendering the person incapable of
26refusal, shall be deemed not to have withdrawn the consent

 

 

HB5496- 455 -LRB102 25260 LNS 34533 b

1provided by paragraph (a) of this Section and the test or tests
2may be administered, subject to the provisions of Section
311-501.2.
4    (c) A person requested to submit to a test as provided
5above shall be warned by the law enforcement officer
6requesting the test that a refusal to submit to the test will
7result in the statutory summary suspension of the person's
8privilege to operate a motor vehicle, as provided in Section
96-208.1 of this Code, and will also result in the
10disqualification of the person's privilege to operate a
11commercial motor vehicle, as provided in Section 6-514 of this
12Code, if the person is a CDL holder. The person shall also be
13warned that a refusal to submit to the test, when the person
14was involved in a motor vehicle crash accident that caused
15personal injury or death to another, will result in the
16statutory summary revocation of the person's privilege to
17operate a motor vehicle, as provided in Section 6-208.1, and
18will also result in the disqualification of the person's
19privilege to operate a commercial motor vehicle, as provided
20in Section 6-514 of this Code, if the person is a CDL holder.
21The person shall also be warned by the law enforcement officer
22that if the person submits to the test or tests provided in
23paragraph (a) of this Section and the alcohol concentration in
24the person's blood, other bodily substance, or breath is 0.08
25or greater, or testing discloses the presence of cannabis as
26listed in the Cannabis Control Act with a tetrahydrocannabinol

 

 

HB5496- 456 -LRB102 25260 LNS 34533 b

1concentration as defined in paragraph 6 of subsection (a) of
2Section 11-501.2 of this Code, or any amount of a drug,
3substance, or compound resulting from the unlawful use or
4consumption of a controlled substance listed in the Illinois
5Controlled Substances Act, an intoxicating compound listed in
6the Use of Intoxicating Compounds Act, or methamphetamine as
7listed in the Methamphetamine Control and Community Protection
8Act is detected in the person's blood, other bodily substance
9or urine, a statutory summary suspension of the person's
10privilege to operate a motor vehicle, as provided in Sections
116-208.1 and 11-501.1 of this Code, will be imposed. If the
12person is also a CDL holder, he or she shall be warned by the
13law enforcement officer that if the person submits to the test
14or tests provided in paragraph (a) of this Section and the
15alcohol concentration in the person's blood, other bodily
16substance, or breath is 0.08 or greater, or any amount of a
17drug, substance, or compound resulting from the unlawful use
18or consumption of cannabis as covered by the Cannabis Control
19Act, a controlled substance listed in the Illinois Controlled
20Substances Act, an intoxicating compound listed in the Use of
21Intoxicating Compounds Act, or methamphetamine as listed in
22the Methamphetamine Control and Community Protection Act is
23detected in the person's blood, other bodily substance, or
24urine, a disqualification of the person's privilege to operate
25a commercial motor vehicle, as provided in Section 6-514 of
26this Code, will be imposed.

 

 

HB5496- 457 -LRB102 25260 LNS 34533 b

1    A person who is under the age of 21 at the time the person
2is requested to submit to a test as provided above shall, in
3addition to the warnings provided for in this Section, be
4further warned by the law enforcement officer requesting the
5test that if the person submits to the test or tests provided
6in paragraph (a) of this Section and the alcohol concentration
7in the person's blood, other bodily substance, or breath is
8greater than 0.00 and less than 0.08, a suspension of the
9person's privilege to operate a motor vehicle, as provided
10under Sections 6-208.2 and 11-501.8 of this Code, will be
11imposed. The results of this test shall be admissible in a
12civil or criminal action or proceeding arising from an arrest
13for an offense as defined in Section 11-501 of this Code or a
14similar provision of a local ordinance or pursuant to Section
1511-501.4 in prosecutions for reckless homicide brought under
16the Criminal Code of 1961 or the Criminal Code of 2012. These
17test results, however, shall be admissible only in actions or
18proceedings directly related to the incident upon which the
19test request was made.
20    A person requested to submit to a test shall also
21acknowledge, in writing, receipt of the warning required under
22this Section. If the person refuses to acknowledge receipt of
23the warning, the law enforcement officer shall make a written
24notation on the warning that the person refused to sign the
25warning. A person's refusal to sign the warning shall not be
26evidence that the person was not read the warning.

 

 

HB5496- 458 -LRB102 25260 LNS 34533 b

1    (d) If the person refuses testing or submits to a test that
2discloses an alcohol concentration of 0.08 or more, or testing
3discloses the presence of cannabis as listed in the Cannabis
4Control Act with a tetrahydrocannabinol concentration as
5defined in paragraph 6 of subsection (a) of Section 11-501.2
6of this Code, or any amount of a drug, substance, or
7intoxicating compound in the person's breath, blood, other
8bodily substance, or urine resulting from the unlawful use or
9consumption of a controlled substance listed in the Illinois
10Controlled Substances Act, an intoxicating compound listed in
11the Use of Intoxicating Compounds Act, or methamphetamine as
12listed in the Methamphetamine Control and Community Protection
13Act, the law enforcement officer shall immediately submit a
14sworn report to the circuit court of venue and the Secretary of
15State, certifying that the test or tests was or were requested
16under paragraph (a) and the person refused to submit to a test,
17or tests, or submitted to testing that disclosed an alcohol
18concentration of 0.08 or more, testing discloses the presence
19of cannabis as listed in the Cannabis Control Act with a
20tetrahydrocannabinol concentration as defined in paragraph 6
21of subsection (a) of Section 11-501.2 of this Code, or any
22amount of a drug, substance, or intoxicating compound in the
23person's breath, blood, other bodily substance, or urine
24resulting from the unlawful use or consumption of a controlled
25substance listed in the Illinois Controlled Substances Act, an
26intoxicating compound listed in the Use of Intoxicating

 

 

HB5496- 459 -LRB102 25260 LNS 34533 b

1Compounds Act, or methamphetamine as listed in the
2Methamphetamine Control and Community Protection Act. If the
3person is also a CDL holder and refuses testing or submits to a
4test that discloses an alcohol concentration of 0.08 or more,
5or any amount of a drug, substance, or intoxicating compound
6in the person's breath, blood, other bodily substance, or
7urine resulting from the unlawful use or consumption of
8cannabis listed in the Cannabis Control Act, a controlled
9substance listed in the Illinois Controlled Substances Act, an
10intoxicating compound listed in the Use of Intoxicating
11Compounds Act, or methamphetamine as listed in the
12Methamphetamine Control and Community Protection Act, the law
13enforcement officer shall also immediately submit a sworn
14report to the circuit court of venue and the Secretary of
15State, certifying that the test or tests was or were requested
16under paragraph (a) and the person refused to submit to a test,
17or tests, or submitted to testing that disclosed an alcohol
18concentration of 0.08 or more, or any amount of a drug,
19substance, or intoxicating compound in the person's breath,
20blood, other bodily substance, or urine resulting from the
21unlawful use or consumption of cannabis listed in the Cannabis
22Control Act, a controlled substance listed in the Illinois
23Controlled Substances Act, an intoxicating compound listed in
24the Use of Intoxicating Compounds Act, or methamphetamine as
25listed in the Methamphetamine Control and Community Protection
26Act.

 

 

HB5496- 460 -LRB102 25260 LNS 34533 b

1    (e) Upon receipt of the sworn report of a law enforcement
2officer submitted under paragraph (d), the Secretary of State
3shall enter the statutory summary suspension or revocation and
4disqualification for the periods specified in Sections 6-208.1
5and 6-514, respectively, and effective as provided in
6paragraph (g).
7    If the person is a first offender as defined in Section
811-500 of this Code, and is not convicted of a violation of
9Section 11-501 of this Code or a similar provision of a local
10ordinance, then reports received by the Secretary of State
11under this Section shall, except during the actual time the
12Statutory Summary Suspension is in effect, be privileged
13information and for use only by the courts, police officers,
14prosecuting authorities or the Secretary of State, unless the
15person is a CDL holder, is operating a commercial motor
16vehicle or vehicle required to be placarded for hazardous
17materials, in which case the suspension shall not be
18privileged. Reports received by the Secretary of State under
19this Section shall also be made available to the parent or
20guardian of a person under the age of 18 years that holds an
21instruction permit or a graduated driver's license, regardless
22of whether the statutory summary suspension is in effect. A
23statutory summary revocation shall not be privileged
24information.
25    (f) The law enforcement officer submitting the sworn
26report under paragraph (d) shall serve immediate notice of the

 

 

HB5496- 461 -LRB102 25260 LNS 34533 b

1statutory summary suspension or revocation on the person and
2the suspension or revocation and disqualification shall be
3effective as provided in paragraph (g).
4        (1) In cases involving a person who is not a CDL holder
5    where the blood alcohol concentration of 0.08 or greater
6    or any amount of a drug, substance, or compound resulting
7    from the unlawful use or consumption of a controlled
8    substance listed in the Illinois Controlled Substances
9    Act, an intoxicating compound listed in the Use of
10    Intoxicating Compounds Act, or methamphetamine as listed
11    in the Methamphetamine Control and Community Protection
12    Act is established by a subsequent analysis of blood,
13    other bodily substance, or urine or analysis of whole
14    blood or other bodily substance establishes a
15    tetrahydrocannabinol concentration as defined in paragraph
16    6 of subsection (a) of Section 11-501.2 of this Code,
17    collected at the time of arrest, the arresting officer or
18    arresting agency shall give notice as provided in this
19    Section or by deposit in the United States mail of the
20    notice in an envelope with postage prepaid and addressed
21    to the person at his or her address as shown on the Uniform
22    Traffic Ticket and the statutory summary suspension shall
23    begin as provided in paragraph (g).
24        (1.3) In cases involving a person who is a CDL holder
25    where the blood alcohol concentration of 0.08 or greater
26    or any amount of a drug, substance, or compound resulting

 

 

HB5496- 462 -LRB102 25260 LNS 34533 b

1    from the unlawful use or consumption of cannabis as
2    covered by the Cannabis Control Act, a controlled
3    substance listed in the Illinois Controlled Substances
4    Act, an intoxicating compound listed in the Use of
5    Intoxicating Compounds Act, or methamphetamine as listed
6    in the Methamphetamine Control and Community Protection
7    Act is established by a subsequent analysis of blood,
8    other bodily substance, or urine collected at the time of
9    arrest, the arresting officer or arresting agency shall
10    give notice as provided in this Section or by deposit in
11    the United States mail of the notice in an envelope with
12    postage prepaid and addressed to the person at his or her
13    address as shown on the Uniform Traffic Ticket and the
14    statutory summary suspension and disqualification shall
15    begin as provided in paragraph (g).
16        (1.5) The officer shall confiscate any Illinois
17    driver's license or permit on the person at the time of
18    arrest. If the person has a valid driver's license or
19    permit, the officer shall issue the person a receipt, in a
20    form prescribed by the Secretary of State, that will allow
21    that person to drive during the periods provided for in
22    paragraph (g). The officer shall immediately forward the
23    driver's license or permit to the circuit court of venue
24    along with the sworn report provided for in paragraph (d).
25        (2) (Blank).
26    (g) The statutory summary suspension or revocation and

 

 

HB5496- 463 -LRB102 25260 LNS 34533 b

1disqualification referred to in this Section shall take effect
2on the 46th day following the date the notice of the statutory
3summary suspension or revocation was given to the person.
4    (h) The following procedure shall apply whenever a person
5is arrested for any offense as defined in Section 11-501 or a
6similar provision of a local ordinance:
7    Upon receipt of the sworn report from the law enforcement
8officer, the Secretary of State shall confirm the statutory
9summary suspension or revocation by mailing a notice of the
10effective date of the suspension or revocation to the person
11and the court of venue. The Secretary of State shall also mail
12notice of the effective date of the disqualification to the
13person. However, should the sworn report be defective by not
14containing sufficient information or be completed in error,
15the confirmation of the statutory summary suspension or
16revocation shall not be mailed to the person or entered to the
17record; instead, the sworn report shall be forwarded to the
18court of venue with a copy returned to the issuing agency
19identifying any defect.
20    (i) As used in this Section, "personal injury" includes
21any Type A injury as indicated on the traffic crash accident
22report completed by a law enforcement officer that requires
23immediate professional attention in either a doctor's office
24or a medical facility. A Type A injury includes severely
25bleeding wounds, distorted extremities, and injuries that
26require the injured party to be carried from the scene.

 

 

HB5496- 464 -LRB102 25260 LNS 34533 b

1(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
299-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
 
3    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
4    Sec. 11-501.2. Chemical and other tests.
5    (a) Upon the trial of any civil or criminal action or
6proceeding arising out of an arrest for an offense as defined
7in Section 11-501 or a similar local ordinance or proceedings
8pursuant to Section 2-118.1, evidence of the concentration of
9alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof in a person's blood or
11breath at the time alleged, as determined by analysis of the
12person's blood, urine, breath, or other bodily substance,
13shall be admissible. Where such test is made the following
14provisions shall apply:
15        1. Chemical analyses of the person's blood, urine,
16    breath, or other bodily substance to be considered valid
17    under the provisions of this Section shall have been
18    performed according to standards promulgated by the
19    Illinois State Police by a licensed physician, registered
20    nurse, trained phlebotomist, licensed paramedic, or other
21    individual possessing a valid permit issued by that
22    Department for this purpose. The Director of the Illinois
23    State Police is authorized to approve satisfactory
24    techniques or methods, to ascertain the qualifications and
25    competence of individuals to conduct such analyses, to

 

 

HB5496- 465 -LRB102 25260 LNS 34533 b

1    issue permits which shall be subject to termination or
2    revocation at the discretion of that Department and to
3    certify the accuracy of breath testing equipment. The
4    Illinois State Police shall prescribe regulations as
5    necessary to implement this Section.
6        2. When a person in this State shall submit to a blood
7    test at the request of a law enforcement officer under the
8    provisions of Section 11-501.1, only a physician
9    authorized to practice medicine, a licensed physician
10    assistant, a licensed advanced practice registered nurse,
11    a registered nurse, trained phlebotomist, or licensed
12    paramedic, or other qualified person approved by the
13    Illinois State Police may withdraw blood for the purpose
14    of determining the alcohol, drug, or alcohol and drug
15    content therein. This limitation shall not apply to the
16    taking of breath, other bodily substance, or urine
17    specimens.
18        When a blood test of a person who has been taken to an
19    adjoining state for medical treatment is requested by an
20    Illinois law enforcement officer, the blood may be
21    withdrawn only by a physician authorized to practice
22    medicine in the adjoining state, a licensed physician
23    assistant, a licensed advanced practice registered nurse,
24    a registered nurse, a trained phlebotomist acting under
25    the direction of the physician, or licensed paramedic. The
26    law enforcement officer requesting the test shall take

 

 

HB5496- 466 -LRB102 25260 LNS 34533 b

1    custody of the blood sample, and the blood sample shall be
2    analyzed by a laboratory certified by the Illinois State
3    Police for that purpose.
4        3. The person tested may have a physician, or a
5    qualified technician, chemist, registered nurse, or other
6    qualified person of their own choosing administer a
7    chemical test or tests in addition to any administered at
8    the direction of a law enforcement officer. The failure or
9    inability to obtain an additional test by a person shall
10    not preclude the admission of evidence relating to the
11    test or tests taken at the direction of a law enforcement
12    officer.
13        4. Upon the request of the person who shall submit to a
14    chemical test or tests at the request of a law enforcement
15    officer, full information concerning the test or tests
16    shall be made available to the person or such person's
17    attorney.
18        5. Alcohol concentration shall mean either grams of
19    alcohol per 100 milliliters of blood or grams of alcohol
20    per 210 liters of breath.
21        6. Tetrahydrocannabinol concentration means either 5
22    nanograms or more of delta-9-tetrahydrocannabinol per
23    milliliter of whole blood or 10 nanograms or more of
24    delta-9-tetrahydrocannabinol per milliliter of other
25    bodily substance.
26    (a-5) Law enforcement officials may use validated roadside

 

 

HB5496- 467 -LRB102 25260 LNS 34533 b

1chemical tests or standardized field sobriety tests approved
2by the National Highway Traffic Safety Administration when
3conducting investigations of a violation of Section 11-501 or
4similar local ordinance by drivers suspected of driving under
5the influence of cannabis. The General Assembly finds that (i)
6validated roadside chemical tests are effective means to
7determine if a person is under the influence of cannabis and
8(ii) standardized field sobriety tests approved by the
9National Highway Traffic Safety Administration are divided
10attention tasks that are intended to determine if a person is
11under the influence of cannabis. The purpose of these tests is
12to determine the effect of the use of cannabis on a person's
13capacity to think and act with ordinary care and therefore
14operate a motor vehicle safely. Therefore, the results of
15these validated roadside chemical tests and standardized field
16sobriety tests, appropriately administered, shall be
17admissible in the trial of any civil or criminal action or
18proceeding arising out of an arrest for a cannabis-related
19offense as defined in Section 11-501 or a similar local
20ordinance or proceedings under Section 2-118.1 or 2-118.2.
21Where a test is made the following provisions shall apply:
22        1. The person tested may have a physician, or a
23    qualified technician, chemist, registered nurse, or other
24    qualified person of their own choosing administer a
25    chemical test or tests in addition to the standardized
26    field sobriety test or tests administered at the direction

 

 

HB5496- 468 -LRB102 25260 LNS 34533 b

1    of a law enforcement officer. The failure or inability to
2    obtain an additional test by a person does not preclude
3    the admission of evidence relating to the test or tests
4    taken at the direction of a law enforcement officer.
5        2. Upon the request of the person who shall submit to
6    validated roadside chemical tests or a standardized field
7    sobriety test or tests at the request of a law enforcement
8    officer, full information concerning the test or tests
9    shall be made available to the person or the person's
10    attorney.
11        3. At the trial of any civil or criminal action or
12    proceeding arising out of an arrest for an offense as
13    defined in Section 11-501 or a similar local ordinance or
14    proceedings under Section 2-118.1 or 2-118.2 in which the
15    results of these validated roadside chemical tests or
16    standardized field sobriety tests are admitted, the person
17    may present and the trier of fact may consider evidence
18    that the person lacked the physical capacity to perform
19    the validated roadside chemical tests or standardized
20    field sobriety tests.
21    (b) Upon the trial of any civil or criminal action or
22proceeding arising out of acts alleged to have been committed
23by any person while driving or in actual physical control of a
24vehicle while under the influence of alcohol, the
25concentration of alcohol in the person's blood or breath at
26the time alleged as shown by analysis of the person's blood,

 

 

HB5496- 469 -LRB102 25260 LNS 34533 b

1urine, breath, or other bodily substance shall give rise to
2the following presumptions:
3        1. If there was at that time an alcohol concentration
4    of 0.05 or less, it shall be presumed that the person was
5    not under the influence of alcohol.
6        2. If there was at that time an alcohol concentration
7    in excess of 0.05 but less than 0.08, such facts shall not
8    give rise to any presumption that the person was or was not
9    under the influence of alcohol, but such fact may be
10    considered with other competent evidence in determining
11    whether the person was under the influence of alcohol.
12        3. If there was at that time an alcohol concentration
13    of 0.08 or more, it shall be presumed that the person was
14    under the influence of alcohol.
15        4. The foregoing provisions of this Section shall not
16    be construed as limiting the introduction of any other
17    relevant evidence bearing upon the question whether the
18    person was under the influence of alcohol.
19    (b-5) Upon the trial of any civil or criminal action or
20proceeding arising out of acts alleged to have been committed
21by any person while driving or in actual physical control of a
22vehicle while under the influence of alcohol, other drug or
23drugs, intoxicating compound or compounds or any combination
24thereof, the concentration of cannabis in the person's whole
25blood or other bodily substance at the time alleged as shown by
26analysis of the person's blood or other bodily substance shall

 

 

HB5496- 470 -LRB102 25260 LNS 34533 b

1give rise to the following presumptions:
2        1. If there was a tetrahydrocannabinol concentration
3    of 5 nanograms or more in whole blood or 10 nanograms or
4    more in an other bodily substance as defined in this
5    Section, it shall be presumed that the person was under
6    the influence of cannabis.
7        2. If there was at that time a tetrahydrocannabinol
8    concentration of less than 5 nanograms in whole blood or
9    less than 10 nanograms in an other bodily substance, such
10    facts shall not give rise to any presumption that the
11    person was or was not under the influence of cannabis, but
12    such fact may be considered with other competent evidence
13    in determining whether the person was under the influence
14    of cannabis.
15    (c) 1. If a person under arrest refuses to submit to a
16chemical test under the provisions of Section 11-501.1,
17evidence of refusal shall be admissible in any civil or
18criminal action or proceeding arising out of acts alleged to
19have been committed while the person under the influence of
20alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof was driving or in actual
22physical control of a motor vehicle.
23    2. Notwithstanding any ability to refuse under this Code
24to submit to these tests or any ability to revoke the implied
25consent to these tests, if a law enforcement officer has
26probable cause to believe that a motor vehicle driven by or in

 

 

HB5496- 471 -LRB102 25260 LNS 34533 b

1actual physical control of a person under the influence of
2alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof has caused the death or
4personal injury to another, the law enforcement officer shall
5request, and that person shall submit, upon the request of a
6law enforcement officer, to a chemical test or tests of his or
7her blood, breath, other bodily substance, or urine for the
8purpose of determining the alcohol content thereof or the
9presence of any other drug or combination of both.
10    This provision does not affect the applicability of or
11imposition of driver's license sanctions under Section
1211-501.1 of this Code.
13    3. For purposes of this Section, a personal injury
14includes any Type A injury as indicated on the traffic crash
15accident report completed by a law enforcement officer that
16requires immediate professional attention in either a doctor's
17office or a medical facility. A Type A injury includes severe
18bleeding wounds, distorted extremities, and injuries that
19require the injured party to be carried from the scene.
20    (d) If a person refuses validated roadside chemical tests
21or standardized field sobriety tests under Section 11-501.9 of
22this Code, evidence of refusal shall be admissible in any
23civil or criminal action or proceeding arising out of acts
24committed while the person was driving or in actual physical
25control of a vehicle and alleged to have been impaired by the
26use of cannabis.

 

 

HB5496- 472 -LRB102 25260 LNS 34533 b

1    (e) Illinois State Police compliance with the changes in
2this amendatory Act of the 99th General Assembly concerning
3testing of other bodily substances and tetrahydrocannabinol
4concentration by Illinois State Police laboratories is subject
5to appropriation and until the Illinois State Police adopt
6standards and completion validation. Any laboratories that
7test for the presence of cannabis or other drugs under this
8Article, the Snowmobile Registration and Safety Act, or the
9Boat Registration and Safety Act must comply with ISO/IEC
1017025:2005.
11(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
 
12    (625 ILCS 5/11-501.4-1)
13    Sec. 11-501.4-1. Reporting of test results of blood, other
14bodily substance, or urine conducted in the regular course of
15providing emergency medical treatment.
16    (a) Notwithstanding any other provision of law, the
17results of blood, other bodily substance, or urine tests
18performed for the purpose of determining the content of
19alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof, in an individual's
21blood, other bodily substance, or urine conducted upon persons
22receiving medical treatment in a hospital emergency room for
23injuries resulting from a motor vehicle crash accident shall
24be disclosed to the Illinois State Police or local law
25enforcement agencies of jurisdiction, upon request. Such

 

 

HB5496- 473 -LRB102 25260 LNS 34533 b

1blood, other bodily substance, or urine tests are admissible
2in evidence as a business record exception to the hearsay rule
3only in prosecutions for any violation of Section 11-501 of
4this Code or a similar provision of a local ordinance, or in
5prosecutions for reckless homicide brought under the Criminal
6Code of 1961 or the Criminal Code of 2012.
7    (b) The confidentiality provisions of law pertaining to
8medical records and medical treatment shall not be applicable
9with regard to tests performed upon an individual's blood,
10other bodily substance, or urine under the provisions of
11subsection (a) of this Section. No person shall be liable for
12civil damages or professional discipline as a result of the
13disclosure or reporting of the tests or the evidentiary use of
14an individual's blood, other bodily substance, or urine test
15results under this Section or Section 11-501.4 or as a result
16of that person's testimony made available under this Section
17or Section 11-501.4, except for willful or wanton misconduct.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
20    Sec. 11-501.6. Driver involvement in personal injury or
21fatal motor vehicle crash accident; chemical test.
22    (a) Any person who drives or is in actual control of a
23motor vehicle upon the public highways of this State and who
24has been involved in a personal injury or fatal motor vehicle
25crash accident, shall be deemed to have given consent to a

 

 

HB5496- 474 -LRB102 25260 LNS 34533 b

1breath test using a portable device as approved by the
2Illinois State Police or to a chemical test or tests of blood,
3breath, other bodily substance, or urine for the purpose of
4determining the content of alcohol, other drug or drugs, or
5intoxicating compound or compounds of such person's blood if
6arrested as evidenced by the issuance of a Uniform Traffic
7Ticket for any violation of the Illinois Vehicle Code or a
8similar provision of a local ordinance, with the exception of
9equipment violations contained in Chapter 12 of this Code, or
10similar provisions of local ordinances. The test or tests
11shall be administered at the direction of the arresting
12officer. The law enforcement agency employing the officer
13shall designate which of the aforesaid tests shall be
14administered. Up to 2 additional tests of urine or other
15bodily substance may be administered even after a blood or
16breath test or both has been administered. Compliance with
17this Section does not relieve such person from the
18requirements of Section 11-501.1 of this Code.
19    (b) Any person who is dead, unconscious or who is
20otherwise in a condition rendering such person incapable of
21refusal shall be deemed not to have withdrawn the consent
22provided by subsection (a) of this Section. In addition, if a
23driver of a vehicle is receiving medical treatment as a result
24of a motor vehicle crash accident, any physician licensed to
25practice medicine, licensed physician assistant, licensed
26advanced practice registered nurse, registered nurse or a

 

 

HB5496- 475 -LRB102 25260 LNS 34533 b

1phlebotomist acting under the direction of a licensed
2physician shall withdraw blood for testing purposes to
3ascertain the presence of alcohol, other drug or drugs, or
4intoxicating compound or compounds, upon the specific request
5of a law enforcement officer. However, no such testing shall
6be performed until, in the opinion of the medical personnel on
7scene, the withdrawal can be made without interfering with or
8endangering the well-being of the patient.
9    (c) A person requested to submit to a test as provided
10above shall be warned by the law enforcement officer
11requesting the test that a refusal to submit to the test, or
12submission to the test resulting in an alcohol concentration
13of 0.08 or more, or testing discloses the presence of cannabis
14as listed in the Cannabis Control Act with a
15tetrahydrocannabinol concentration as defined in paragraph 6
16of subsection (a) of Section 11-501.2 of this Code, or any
17amount of a drug, substance, or intoxicating compound
18resulting from the unlawful use or consumption of a controlled
19substance listed in the Illinois Controlled Substances Act, an
20intoxicating compound listed in the Use of Intoxicating
21Compounds Act, or methamphetamine as listed in the
22Methamphetamine Control and Community Protection Act as
23detected in such person's blood, other bodily substance, or
24urine, may result in the suspension of such person's privilege
25to operate a motor vehicle. If the person is also a CDL holder,
26he or she shall be warned by the law enforcement officer

 

 

HB5496- 476 -LRB102 25260 LNS 34533 b

1requesting the test that a refusal to submit to the test, or
2submission to the test resulting in an alcohol concentration
3of 0.08 or more, or any amount of a drug, substance, or
4intoxicating compound resulting from the unlawful use or
5consumption of cannabis, as covered by the Cannabis Control
6Act, a controlled substance listed in the Illinois Controlled
7Substances Act, an intoxicating compound listed in the Use of
8Intoxicating Compounds Act, or methamphetamine as listed in
9the Methamphetamine Control and Community Protection Act as
10detected in the person's blood, other bodily substance, or
11urine, may result in the disqualification of the person's
12privilege to operate a commercial motor vehicle, as provided
13in Section 6-514 of this Code. The length of the suspension
14shall be the same as outlined in Section 6-208.1 of this Code
15regarding statutory summary suspensions.
16    A person requested to submit to a test shall also
17acknowledge, in writing, receipt of the warning required under
18this Section. If the person refuses to acknowledge receipt of
19the warning, the law enforcement officer shall make a written
20notation on the warning that the person refused to sign the
21warning. A person's refusal to sign the warning shall not be
22evidence that the person was not read the warning.
23    (d) If the person refuses testing or submits to a test
24which discloses an alcohol concentration of 0.08 or more, the
25presence of cannabis as listed in the Cannabis Control Act
26with a tetrahydrocannabinol concentration as defined in

 

 

HB5496- 477 -LRB102 25260 LNS 34533 b

1paragraph 6 of subsection (a) of Section 11-501.2 of this
2Code, or any amount of a drug, substance, or intoxicating
3compound in such person's blood or urine resulting from the
4unlawful use or consumption of a controlled substance listed
5in the Illinois Controlled Substances Act, an intoxicating
6compound listed in the Use of Intoxicating Compounds Act, or
7methamphetamine as listed in the Methamphetamine Control and
8Community Protection Act, the law enforcement officer shall
9immediately submit a sworn report to the Secretary of State on
10a form prescribed by the Secretary, certifying that the test
11or tests were requested under subsection (a) and the person
12refused to submit to a test or tests or submitted to testing
13which disclosed an alcohol concentration of 0.08 or more, the
14presence of cannabis as listed in the Cannabis Control Act
15with a tetrahydrocannabinol concentration as defined in
16paragraph 6 of subsection (a) of Section 11-501.2 of this
17Code, or any amount of a drug, substance, or intoxicating
18compound in such person's blood, other bodily substance, or
19urine, resulting from the unlawful use or consumption of a
20controlled substance listed in the Illinois Controlled
21Substances Act, an intoxicating compound listed in the Use of
22Intoxicating Compounds Act, or methamphetamine as listed in
23the Methamphetamine Control and Community Protection Act. If
24the person is also a CDL holder and refuses testing or submits
25to a test which discloses an alcohol concentration of 0.08 or
26more, or any amount of a drug, substance, or intoxicating

 

 

HB5496- 478 -LRB102 25260 LNS 34533 b

1compound in the person's blood, other bodily substance, or
2urine resulting from the unlawful use or consumption of
3cannabis listed in the Cannabis Control Act, a controlled
4substance listed in the Illinois Controlled Substances Act, an
5intoxicating compound listed in the Use of Intoxicating
6Compounds Act, or methamphetamine as listed in the
7Methamphetamine Control and Community Protection Act, the law
8enforcement officer shall immediately submit a sworn report to
9the Secretary of State on a form prescribed by the Secretary,
10certifying that the test or tests were requested under
11subsection (a) and the person refused to submit to a test or
12tests or submitted to testing which disclosed an alcohol
13concentration of 0.08 or more, or any amount of a drug,
14substance, or intoxicating compound in such person's blood,
15other bodily substance, or urine, resulting from the unlawful
16use or consumption of cannabis listed in the Cannabis Control
17Act, a controlled substance listed in the Illinois Controlled
18Substances Act, an intoxicating compound listed in the Use of
19Intoxicating Compounds Act, or methamphetamine as listed in
20the Methamphetamine Control and Community Protection Act.
21    Upon receipt of the sworn report of a law enforcement
22officer, the Secretary shall enter the suspension and
23disqualification to the individual's driving record and the
24suspension and disqualification shall be effective on the 46th
25day following the date notice of the suspension was given to
26the person.

 

 

HB5496- 479 -LRB102 25260 LNS 34533 b

1    The law enforcement officer submitting the sworn report
2shall serve immediate notice of this suspension on the person
3and such suspension and disqualification shall be effective on
4the 46th day following the date notice was given.
5    In cases involving a person who is not a CDL holder where
6the blood alcohol concentration of 0.08 or more, or blood
7testing discloses the presence of cannabis as listed in the
8Cannabis Control Act with a tetrahydrocannabinol concentration
9as defined in paragraph 6 of subsection (a) of Section
1011-501.2 of this Code, or any amount of a drug, substance, or
11intoxicating compound resulting from the unlawful use or
12consumption of a controlled substance listed in the Illinois
13Controlled Substances Act, an intoxicating compound listed in
14the Use of Intoxicating Compounds Act, or methamphetamine as
15listed in the Methamphetamine Control and Community Protection
16Act, is established by a subsequent analysis of blood, other
17bodily substance, or urine collected at the time of arrest,
18the arresting officer shall give notice as provided in this
19Section or by deposit in the United States mail of such notice
20in an envelope with postage prepaid and addressed to such
21person at his or her address as shown on the Uniform Traffic
22Ticket and the suspension shall be effective on the 46th day
23following the date notice was given.
24    In cases involving a person who is a CDL holder where the
25blood alcohol concentration of 0.08 or more, or any amount of a
26drug, substance, or intoxicating compound resulting from the

 

 

HB5496- 480 -LRB102 25260 LNS 34533 b

1unlawful use or consumption of cannabis as listed in the
2Cannabis Control Act, a controlled substance listed in the
3Illinois Controlled Substances Act, an intoxicating compound
4listed in the Use of Intoxicating Compounds Act, or
5methamphetamine as listed in the Methamphetamine Control and
6Community Protection Act, is established by a subsequent
7analysis of blood, other bodily substance, or urine collected
8at the time of arrest, the arresting officer shall give notice
9as provided in this Section or by deposit in the United States
10mail of such notice in an envelope with postage prepaid and
11addressed to the person at his or her address as shown on the
12Uniform Traffic Ticket and the suspension and disqualification
13shall be effective on the 46th day following the date notice
14was given.
15    Upon receipt of the sworn report of a law enforcement
16officer, the Secretary shall also give notice of the
17suspension and disqualification to the driver by mailing a
18notice of the effective date of the suspension and
19disqualification to the individual. However, should the sworn
20report be defective by not containing sufficient information
21or be completed in error, the notice of the suspension and
22disqualification shall not be mailed to the person or entered
23to the driving record, but rather the sworn report shall be
24returned to the issuing law enforcement agency.
25    (e) A driver may contest this suspension of his or her
26driving privileges and disqualification of his or her CDL

 

 

HB5496- 481 -LRB102 25260 LNS 34533 b

1privileges by requesting an administrative hearing with the
2Secretary in accordance with Section 2-118 of this Code. At
3the conclusion of a hearing held under Section 2-118 of this
4Code, the Secretary may rescind, continue, or modify the
5orders of suspension and disqualification. If the Secretary
6does not rescind the orders of suspension and
7disqualification, a restricted driving permit may be granted
8by the Secretary upon application being made and good cause
9shown. A restricted driving permit may be granted to relieve
10undue hardship to allow driving for employment, educational,
11and medical purposes as outlined in Section 6-206 of this
12Code. The provisions of Section 6-206 of this Code shall
13apply. In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been suspended, revoked,
17cancelled, or disqualified.
18    (f) (Blank).
19    (g) For the purposes of this Section, a personal injury
20shall include any type A injury as indicated on the traffic
21crash accident report completed by a law enforcement officer
22that requires immediate professional attention in either a
23doctor's office or a medical facility. A type A injury shall
24include severely bleeding wounds, distorted extremities, and
25injuries that require the injured party to be carried from the
26scene.

 

 

HB5496- 482 -LRB102 25260 LNS 34533 b

1(Source: P.A. 102-538, eff. 8-20-21.)
 
2    (625 ILCS 5/11-501.7)  (from Ch. 95 1/2, par. 11-501.7)
3    Sec. 11-501.7. (a) As a condition of probation or
4discharge of a person convicted of a violation of Section
511-501 of this Code, who was less than 21 years of age at the
6time of the offense, or a person adjudicated delinquent
7pursuant to the Juvenile Court Act of 1987, for violation of
8Section 11-501 of this Code, the Court may order the offender
9to participate in the Youthful Intoxicated Drivers' Visitation
10Program. The Program shall consist of a supervised visitation
11as provided by this Section by the person to at least one of
12the following, to the extent that personnel and facilities are
13available:
14        (1) A State or private rehabilitation facility that
15    cares for victims of motor vehicle crashes accidents
16    involving persons under the influence of alcohol.
17        (2) A facility which cares for advanced alcoholics to
18    observe persons in the terminal stages of alcoholism,
19    under the supervision of appropriately licensed medical
20    personnel.
21        (3) If approved by the coroner of the county where the
22    person resides, the county coroner's office or the county
23    morgue to observe appropriate victims of motor vehicle
24    crashes accidents involving persons under the influence of
25    alcohol, under the supervision of the coroner or deputy

 

 

HB5496- 483 -LRB102 25260 LNS 34533 b

1    coroner.
2    (b) The Program shall be operated by the appropriate
3probation authorities of the courts of the various circuits.
4The youthful offender ordered to participate in the Program
5shall bear all costs associated with participation in the
6Program. A parent or guardian of the offender may assume the
7obligation of the offender to pay the costs of the Program. The
8court may waive the requirement that the offender pay the
9costs of participation in the Program upon a finding of
10indigency.
11    (c) As used in this Section, "appropriate victims" means
12victims whose condition is determined by the visit supervisor
13to demonstrate the results of motor vehicle crashes accidents
14involving persons under the influence of alcohol without being
15excessively gruesome or traumatic to the observer.
16    (d) Any visitation shall include, before any observation
17of victims or persons with disabilities, a comprehensive
18counseling session with the visitation supervisor at which the
19supervisor shall explain and discuss the experiences which may
20be encountered during the visitation in order to ascertain
21whether the visitation is appropriate.
22(Source: P.A. 101-81, eff. 7-12-19.)
 
23    (625 ILCS 5/11-501.8)
24    Sec. 11-501.8. Suspension of driver's license; persons
25under age 21.

 

 

HB5496- 484 -LRB102 25260 LNS 34533 b

1    (a) A person who is less than 21 years of age and who
2drives or is in actual physical control of a motor vehicle upon
3the public highways of this State shall be deemed to have given
4consent to a chemical test or tests of blood, breath, other
5bodily substance, or urine for the purpose of determining the
6alcohol content of the person's blood if arrested, as
7evidenced by the issuance of a Uniform Traffic Ticket for any
8violation of the Illinois Vehicle Code or a similar provision
9of a local ordinance, if a police officer has probable cause to
10believe that the driver has consumed any amount of an
11alcoholic beverage based upon evidence of the driver's
12physical condition or other first hand knowledge of the police
13officer. The test or tests shall be administered at the
14direction of the arresting officer. The law enforcement agency
15employing the officer shall designate which of the aforesaid
16tests shall be administered. Up to 2 additional tests of urine
17or other bodily substance may be administered even after a
18blood or breath test or both has been administered.
19    (b) A person who is dead, unconscious, or who is otherwise
20in a condition rendering that person incapable of refusal,
21shall be deemed not to have withdrawn the consent provided by
22paragraph (a) of this Section and the test or tests may be
23administered subject to the following provisions:
24        (i) Chemical analysis of the person's blood, urine,
25    breath, or other bodily substance, to be considered valid
26    under the provisions of this Section, shall have been

 

 

HB5496- 485 -LRB102 25260 LNS 34533 b

1    performed according to standards promulgated by the
2    Illinois State Police by an individual possessing a valid
3    permit issued by that Department for this purpose. The
4    Director of the Illinois State Police is authorized to
5    approve satisfactory techniques or methods, to ascertain
6    the qualifications and competence of individuals to
7    conduct analyses, to issue permits that shall be subject
8    to termination or revocation at the direction of that
9    Department, and to certify the accuracy of breath testing
10    equipment. The Illinois State Police shall prescribe
11    regulations as necessary.
12        (ii) When a person submits to a blood test at the
13    request of a law enforcement officer under the provisions
14    of this Section, only a physician authorized to practice
15    medicine, a licensed physician assistant, a licensed
16    advanced practice registered nurse, a registered nurse, or
17    other qualified person trained in venipuncture and acting
18    under the direction of a licensed physician may withdraw
19    blood for the purpose of determining the alcohol content
20    therein. This limitation does not apply to the taking of
21    breath, other bodily substance, or urine specimens.
22        (iii) The person tested may have a physician,
23    qualified technician, chemist, registered nurse, or other
24    qualified person of his or her own choosing administer a
25    chemical test or tests in addition to any test or tests
26    administered at the direction of a law enforcement

 

 

HB5496- 486 -LRB102 25260 LNS 34533 b

1    officer. The failure or inability to obtain an additional
2    test by a person shall not preclude the consideration of
3    the previously performed chemical test.
4        (iv) Upon a request of the person who submits to a
5    chemical test or tests at the request of a law enforcement
6    officer, full information concerning the test or tests
7    shall be made available to the person or that person's
8    attorney.
9        (v) Alcohol concentration means either grams of
10    alcohol per 100 milliliters of blood or grams of alcohol
11    per 210 liters of breath.
12        (vi) If a driver is receiving medical treatment as a
13    result of a motor vehicle crashes accident, a physician
14    licensed to practice medicine, licensed physician
15    assistant, licensed advanced practice registered nurse,
16    registered nurse, or other qualified person trained in
17    venipuncture and acting under the direction of a licensed
18    physician shall withdraw blood for testing purposes to
19    ascertain the presence of alcohol upon the specific
20    request of a law enforcement officer. However, that
21    testing shall not be performed until, in the opinion of
22    the medical personnel on scene, the withdrawal can be made
23    without interfering with or endangering the well-being of
24    the patient.
25    (c) A person requested to submit to a test as provided
26above shall be warned by the law enforcement officer

 

 

HB5496- 487 -LRB102 25260 LNS 34533 b

1requesting the test that a refusal to submit to the test, or
2submission to the test resulting in an alcohol concentration
3of more than 0.00, may result in the loss of that person's
4privilege to operate a motor vehicle and may result in the
5disqualification of the person's privilege to operate a
6commercial motor vehicle, as provided in Section 6-514 of this
7Code, if the person is a CDL holder. The loss of driving
8privileges shall be imposed in accordance with Section 6-208.2
9of this Code.
10    A person requested to submit to a test shall also
11acknowledge, in writing, receipt of the warning required under
12this Section. If the person refuses to acknowledge receipt of
13the warning, the law enforcement officer shall make a written
14notation on the warning that the person refused to sign the
15warning. A person's refusal to sign the warning shall not be
16evidence that the person was not read the warning.
17    (d) If the person refuses testing or submits to a test that
18discloses an alcohol concentration of more than 0.00, the law
19enforcement officer shall immediately submit a sworn report to
20the Secretary of State on a form prescribed by the Secretary of
21State, certifying that the test or tests were requested under
22subsection (a) and the person refused to submit to a test or
23tests or submitted to testing which disclosed an alcohol
24concentration of more than 0.00. The law enforcement officer
25shall submit the same sworn report when a person under the age
26of 21 submits to testing under Section 11-501.1 of this Code

 

 

HB5496- 488 -LRB102 25260 LNS 34533 b

1and the testing discloses an alcohol concentration of more
2than 0.00 and less than 0.08.
3    Upon receipt of the sworn report of a law enforcement
4officer, the Secretary of State shall enter the suspension and
5disqualification on the individual's driving record and the
6suspension and disqualification shall be effective on the 46th
7day following the date notice of the suspension was given to
8the person. If this suspension is the individual's first
9driver's license suspension under this Section, reports
10received by the Secretary of State under this Section shall,
11except during the time the suspension is in effect, be
12privileged information and for use only by the courts, police
13officers, prosecuting authorities, the Secretary of State, or
14the individual personally, unless the person is a CDL holder,
15is operating a commercial motor vehicle or vehicle required to
16be placarded for hazardous materials, in which case the
17suspension shall not be privileged. Reports received by the
18Secretary of State under this Section shall also be made
19available to the parent or guardian of a person under the age
20of 18 years that holds an instruction permit or a graduated
21driver's license, regardless of whether the suspension is in
22effect.
23    The law enforcement officer submitting the sworn report
24shall serve immediate notice of this suspension on the person
25and the suspension and disqualification shall be effective on
26the 46th day following the date notice was given.

 

 

HB5496- 489 -LRB102 25260 LNS 34533 b

1    In cases where the blood alcohol concentration of more
2than 0.00 is established by a subsequent analysis of blood,
3other bodily substance, or urine, the police officer or
4arresting agency shall give notice as provided in this Section
5or by deposit in the United States mail of that notice in an
6envelope with postage prepaid and addressed to that person at
7his last known address and the loss of driving privileges
8shall be effective on the 46th day following the date notice
9was given.
10    Upon receipt of the sworn report of a law enforcement
11officer, the Secretary of State shall also give notice of the
12suspension and disqualification to the driver by mailing a
13notice of the effective date of the suspension and
14disqualification to the individual. However, should the sworn
15report be defective by not containing sufficient information
16or be completed in error, the notice of the suspension and
17disqualification shall not be mailed to the person or entered
18to the driving record, but rather the sworn report shall be
19returned to the issuing law enforcement agency.
20    (e) A driver may contest this suspension and
21disqualification by requesting an administrative hearing with
22the Secretary of State in accordance with Section 2-118 of
23this Code. An individual whose blood alcohol concentration is
24shown to be more than 0.00 is not subject to this Section if he
25or she consumed alcohol in the performance of a religious
26service or ceremony. An individual whose blood alcohol

 

 

HB5496- 490 -LRB102 25260 LNS 34533 b

1concentration is shown to be more than 0.00 shall not be
2subject to this Section if the individual's blood alcohol
3concentration resulted only from ingestion of the prescribed
4or recommended dosage of medicine that contained alcohol. The
5petition for that hearing shall not stay or delay the
6effective date of the impending suspension. The scope of this
7hearing shall be limited to the issues of:
8        (1) whether the police officer had probable cause to
9    believe that the person was driving or in actual physical
10    control of a motor vehicle upon the public highways of the
11    State and the police officer had reason to believe that
12    the person was in violation of any provision of the
13    Illinois Vehicle Code or a similar provision of a local
14    ordinance; and
15        (2) whether the person was issued a Uniform Traffic
16    Ticket for any violation of the Illinois Vehicle Code or a
17    similar provision of a local ordinance; and
18        (3) whether the police officer had probable cause to
19    believe that the driver had consumed any amount of an
20    alcoholic beverage based upon the driver's physical
21    actions or other first-hand knowledge of the police
22    officer; and
23        (4) whether the person, after being advised by the
24    officer that the privilege to operate a motor vehicle
25    would be suspended if the person refused to submit to and
26    complete the test or tests, did refuse to submit to or

 

 

HB5496- 491 -LRB102 25260 LNS 34533 b

1    complete the test or tests to determine the person's
2    alcohol concentration; and
3        (5) whether the person, after being advised by the
4    officer that the privileges to operate a motor vehicle
5    would be suspended if the person submits to a chemical
6    test or tests and the test or tests disclose an alcohol
7    concentration of more than 0.00, did submit to and
8    complete the test or tests that determined an alcohol
9    concentration of more than 0.00; and
10        (6) whether the test result of an alcohol
11    concentration of more than 0.00 was based upon the
12    person's consumption of alcohol in the performance of a
13    religious service or ceremony; and
14        (7) whether the test result of an alcohol
15    concentration of more than 0.00 was based upon the
16    person's consumption of alcohol through ingestion of the
17    prescribed or recommended dosage of medicine.
18    At the conclusion of the hearing held under Section 2-118
19of this Code, the Secretary of State may rescind, continue, or
20modify the suspension and disqualification. If the Secretary
21of State does not rescind the suspension and disqualification,
22a restricted driving permit may be granted by the Secretary of
23State upon application being made and good cause shown. A
24restricted driving permit may be granted to relieve undue
25hardship by allowing driving for employment, educational, and
26medical purposes as outlined in item (3) of part (c) of Section

 

 

HB5496- 492 -LRB102 25260 LNS 34533 b

16-206 of this Code. The provisions of item (3) of part (c) of
2Section 6-206 of this Code and of subsection (f) of that
3Section shall apply. The Secretary of State shall promulgate
4rules providing for participation in an alcohol education and
5awareness program or activity, a drug education and awareness
6program or activity, or both as a condition to the issuance of
7a restricted driving permit for suspensions imposed under this
8Section.
9    (f) The results of any chemical testing performed in
10accordance with subsection (a) of this Section are not
11admissible in any civil or criminal proceeding, except that
12the results of the testing may be considered at a hearing held
13under Section 2-118 of this Code. However, the results of the
14testing may not be used to impose driver's license sanctions
15under Section 11-501.1 of this Code. A law enforcement officer
16may, however, pursue a statutory summary suspension or
17revocation of driving privileges under Section 11-501.1 of
18this Code if other physical evidence or first hand knowledge
19forms the basis of that suspension or revocation.
20    (g) This Section applies only to drivers who are under age
2121 at the time of the issuance of a Uniform Traffic Ticket for
22a violation of the Illinois Vehicle Code or a similar
23provision of a local ordinance, and a chemical test request is
24made under this Section.
25    (h) The action of the Secretary of State in suspending,
26revoking, cancelling, or disqualifying any license or permit

 

 

HB5496- 493 -LRB102 25260 LNS 34533 b

1shall be subject to judicial review in the Circuit Court of
2Sangamon County or in the Circuit Court of Cook County, and the
3provisions of the Administrative Review Law and its rules are
4hereby adopted and shall apply to and govern every action for
5the judicial review of final acts or decisions of the
6Secretary of State under this Section.
7(Source: P.A. 102-538, eff. 8-20-21.)
 
8    (625 ILCS 5/11-506)
9    Sec. 11-506. Street racing; aggravated street racing.
10    (a) No person shall engage in street racing on any street
11or highway of this State.
12    (b) No owner of any vehicle shall acquiesce in or permit
13his or her vehicle to be used by another for the purpose of
14street racing.
15    (c) For the purposes of this Section, the following words
16shall have the meanings ascribed to them:
17    "Acquiesce" or "permit" means actual knowledge that the
18motor vehicle was to be used for the purpose of street racing.
19    "Street racing" means:
20        (1) The operation of 2 or more vehicles from a point
21    side by side at accelerating speeds in a competitive
22    attempt to outdistance each other; or
23        (2) The operation of one or more vehicles over a
24    common selected course, each starting at the same point,
25    for the purpose of comparing the relative speeds or power

 

 

HB5496- 494 -LRB102 25260 LNS 34533 b

1    of acceleration of such vehicle or vehicles within a
2    certain distance or time limit; or
3        (3) The use of one or more vehicles in an attempt to
4    outgain or outdistance another vehicle; or
5        (4) The use of one or more vehicles to prevent another
6    vehicle from passing; or
7        (5) The use of one or more vehicles to arrive at a
8    given destination ahead of another vehicle or vehicles; or
9        (6) The use of one or more vehicles to test the
10    physical stamina or endurance of drivers over
11    long-distance driving routes.
12    (d) Penalties.
13        (1) Any person who is convicted of a violation of
14    subsection (a) shall be guilty of a Class A misdemeanor
15    for the first offense and shall be subject to a minimum
16    fine of $250. Any person convicted of a violation of
17    subsection (a) a second or subsequent time shall be guilty
18    of a Class 4 felony and shall be subject to a minimum fine
19    of $500. The driver's license of any person convicted of
20    subsection (a) shall be revoked in the manner provided by
21    Section 6-205 of this Code.
22        (2) Any person who is convicted of a violation of
23    subsection (b) shall be guilty of a Class B misdemeanor.
24    Any person who is convicted of subsection (b) for a second
25    or subsequent time shall be guilty of a Class A
26    misdemeanor.

 

 

HB5496- 495 -LRB102 25260 LNS 34533 b

1        (3) Every person convicted of committing a violation
2    of subsection (a) of this Section shall be guilty of
3    aggravated street racing if the person, in committing a
4    violation of subsection (a) was involved in a motor
5    vehicle crashes accident that resulted in great bodily
6    harm or permanent disability or disfigurement to another,
7    where the violation was a proximate cause of the injury.
8    Aggravated street racing is a Class 4 felony for which the
9    defendant, if sentenced to a term of imprisonment shall be
10    sentenced to not less than one year nor more than 12 years.
11(Source: P.A. 95-310, eff. 1-1-08.)
 
12    (625 ILCS 5/11-610)  (from Ch. 95 1/2, par. 11-610)
13    Sec. 11-610. Charging Violations and Rule in Civil
14Actions. (a) In every charge of violation of any speed
15regulation in this article the complaint, and also the summons
16or notice to appear, shall specify the speed at which the
17defendant is alleged to have driven and the maximum speed
18applicable within the district or at the location.
19    (b) The provision of this article declaring maximum speed
20limitations shall not be construed to relieve the plaintiff in
21any action from the burden of proving negligence on the part of
22the defendant as the proximate cause of a crash an accident.
23(Source: P.A. 79-1069.)
 
24    (625 ILCS 5/11-1431)

 

 

HB5496- 496 -LRB102 25260 LNS 34533 b

1    Sec. 11-1431. Solicitations at crash accident or
2disablement scene prohibited.
3    (a) A tower, as defined by Section 1-205.2 of this Code, or
4an employee or agent of a tower may not: (i) stop at the scene
5of a motor vehicle crash accident or at or near a damaged or
6disabled vehicle for the purpose of soliciting the owner or
7operator of the damaged or disabled vehicle to enter into a
8towing service transaction; or (ii) stop at the scene of a
9crash an accident or at or near a damaged or disabled vehicle
10unless called to the location by a law enforcement officer,
11the Illinois Department of Transportation, the Illinois State
12Toll Highway Authority, a local agency having jurisdiction
13over the highway, the owner or operator of the damaged or
14disabled vehicle, or the owner or operator's authorized agent,
15including his or her insurer or motor club of which the owner
16or operator is a member. This Section shall not apply to
17employees of the Department, the Illinois State Toll Highway
18Authority, or local agencies when engaged in their official
19duties. Nothing in this Section shall prevent a tower from
20stopping at the scene of a motor vehicle crash accident or at
21or near a damaged or disabled vehicle if the owner or operator
22signals the tower for assistance from the location of the
23motor vehicle crash accident or damaged or disabled vehicle.
24    (b) A person or company who violates this Section is
25guilty of a Class 4 felony. A person convicted of violating
26this Section shall also have his or her driver's license,

 

 

HB5496- 497 -LRB102 25260 LNS 34533 b

1permit, or privileges suspended for 3 months. After the
2expiration of the 3-month suspension, the person's driver's
3license, permit, or privileges shall not be reinstated until
4he or she has paid a reinstatement fee of $100. If a person
5violates this Section while his or her driver's license,
6permit, or privileges are suspended under this subsection (b),
7his or her driver's license, permit, or privileges shall be
8suspended for an additional 6 months, and shall not be
9reinstated after the expiration of the 6-month suspension
10until he or she pays a reinstatement fee of $100. A vehicle
11owner, or his or her authorized agent or automobile insurer,
12may bring a claim against a company or person who willfully and
13materially violates this Section. A court may award the
14prevailing party reasonable attorney's fees, costs, and
15expenses relating to that action.
16(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;
17100-201, eff. 8-18-17.)
 
18    (625 ILCS 5/12-215)  (from Ch. 95 1/2, par. 12-215)
19    Sec. 12-215. Oscillating, rotating or flashing lights on
20motor vehicles. Except as otherwise provided in this Code:
21    (a) The use of red or white oscillating, rotating or
22flashing lights, whether lighted or unlighted, is prohibited
23except on:
24        1. Law enforcement vehicles of State, Federal or local
25    authorities;

 

 

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1        2. A vehicle operated by a police officer or county
2    coroner and designated or authorized by local authorities,
3    in writing, as a law enforcement vehicle; however, such
4    designation or authorization must be carried in the
5    vehicle;
6        2.1. A vehicle operated by a fire chief, deputy fire
7    chief, or assistant fire chief who has completed an
8    emergency vehicle operation training course approved by
9    the Office of the State Fire Marshal and designated or
10    authorized by local authorities, in writing, as a fire
11    department, fire protection district, or township fire
12    department vehicle; however, the designation or
13    authorization must be carried in the vehicle, and the
14    lights may be visible or activated only when responding to
15    a bona fide emergency;
16        3. Vehicles of local fire departments and State or
17    federal firefighting vehicles;
18        4. Vehicles which are designed and used exclusively as
19    ambulances or rescue vehicles; furthermore, such lights
20    shall not be lighted except when responding to an
21    emergency call for and while actually conveying the sick
22    or injured;
23        4.5. Vehicles which are occasionally used as rescue
24    vehicles that have been authorized for use as rescue
25    vehicles by a volunteer EMS provider, provided that the
26    operator of the vehicle has successfully completed an

 

 

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1    emergency vehicle operation training course recognized by
2    the Department of Public Health; furthermore, the lights
3    shall not be lighted except when responding to an
4    emergency call for the sick or injured;
5        5. Tow trucks licensed in a state that requires such
6    lights; furthermore, such lights shall not be lighted on
7    any such tow truck while the tow truck is operating in the
8    State of Illinois;
9        6. Vehicles of the Illinois Emergency Management
10    Agency, vehicles of the Office of the Illinois State Fire
11    Marshal, vehicles of the Illinois Department of Public
12    Health, vehicles of the Illinois Department of
13    Corrections, and vehicles of the Illinois Department of
14    Juvenile Justice;
15        7. Vehicles operated by a local or county emergency
16    management services agency as defined in the Illinois
17    Emergency Management Agency Act;
18        8. School buses operating alternately flashing head
19    lamps as permitted under Section 12-805 of this Code;
20        9. Vehicles that are equipped and used exclusively as
21    organ transplant vehicles when used in combination with
22    blue oscillating, rotating, or flashing lights;
23    furthermore, these lights shall be lighted only when the
24    transportation is declared an emergency by a member of the
25    transplant team or a representative of the organ
26    procurement organization;

 

 

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1        10. Vehicles of the Illinois Department of Natural
2    Resources that are used for mine rescue and explosives
3    emergency response;
4        11. Vehicles of the Illinois Department of
5    Transportation identified as Emergency Traffic Patrol; the
6    lights shall not be lighted except when responding to an
7    emergency call or when parked or stationary while engaged
8    in motor vehicle assistance or at the scene of the
9    emergency; and
10        12. Vehicles of the Illinois State Toll Highway
11    Authority with a gross vehicle weight rating of 9,000
12    pounds or more and those identified as Highway Emergency
13    Lane Patrol; the lights shall not be lighted except when
14    responding to an emergency call or when parked or
15    stationary while engaged in motor vehicle assistance or at
16    the scene of the emergency.
17    (b) The use of amber oscillating, rotating or flashing
18lights, whether lighted or unlighted, is prohibited except on:
19        1. Second division vehicles designed and used for
20    towing or hoisting vehicles; furthermore, such lights
21    shall not be lighted except as required in this paragraph
22    1; such lights shall be lighted when such vehicles are
23    actually being used at the scene of a crash an accident or
24    disablement; if the towing vehicle is equipped with a flat
25    bed that supports all wheels of the vehicle being
26    transported, the lights shall not be lighted while the

 

 

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1    vehicle is engaged in towing on a highway; if the towing
2    vehicle is not equipped with a flat bed that supports all
3    wheels of a vehicle being transported, the lights shall be
4    lighted while the towing vehicle is engaged in towing on a
5    highway during all times when the use of headlights is
6    required under Section 12-201 of this Code; in addition,
7    these vehicles may use white oscillating, rotating, or
8    flashing lights in combination with amber oscillating,
9    rotating, or flashing lights as provided in this
10    paragraph;
11        2. Motor vehicles or equipment of the State of
12    Illinois, the Illinois State Toll Highway Authority, local
13    authorities and contractors; furthermore, such lights
14    shall not be lighted except while such vehicles are
15    engaged in maintenance or construction operations within
16    the limits of construction projects;
17        3. Vehicles or equipment used by engineering or survey
18    crews; furthermore, such lights shall not be lighted
19    except while such vehicles are actually engaged in work on
20    a highway;
21        4. Vehicles of public utilities, municipalities, or
22    other construction, maintenance or automotive service
23    vehicles except that such lights shall be lighted only as
24    a means for indicating the presence of a vehicular traffic
25    hazard requiring unusual care in approaching, overtaking
26    or passing while such vehicles are engaged in maintenance,

 

 

HB5496- 502 -LRB102 25260 LNS 34533 b

1    service or construction on a highway;
2        5. Oversized vehicle or load; however, such lights
3    shall only be lighted when moving under permit issued by
4    the Department under Section 15-301 of this Code;
5        6. The front and rear of motorized equipment owned and
6    operated by the State of Illinois or any political
7    subdivision thereof, which is designed and used for
8    removal of snow and ice from highways;
9        6.1. The front and rear of motorized equipment or
10    vehicles that (i) are not owned by the State of Illinois or
11    any political subdivision of the State, (ii) are designed
12    and used for removal of snow and ice from highways and
13    parking lots, and (iii) are equipped with a snow plow that
14    is 12 feet in width; these lights may not be lighted except
15    when the motorized equipment or vehicle is actually being
16    used for those purposes on behalf of a unit of government;
17        7. Fleet safety vehicles registered in another state,
18    furthermore, such lights shall not be lighted except as
19    provided for in Section 12-212 of this Code;
20        8. Such other vehicles as may be authorized by local
21    authorities;
22        9. Law enforcement vehicles of State or local
23    authorities when used in combination with red oscillating,
24    rotating or flashing lights;
25        9.5. Propane delivery trucks;
26        10. Vehicles used for collecting or delivering mail

 

 

HB5496- 503 -LRB102 25260 LNS 34533 b

1    for the United States Postal Service provided that such
2    lights shall not be lighted except when such vehicles are
3    actually being used for such purposes;
4        10.5. Vehicles of the Office of the Illinois State
5    Fire Marshal, provided that such lights shall not be
6    lighted except for when such vehicles are engaged in work
7    for the Office of the Illinois State Fire Marshal;
8        11. Any vehicle displaying a slow-moving vehicle
9    emblem as provided in Section 12-205.1;
10        12. All trucks equipped with self-compactors or
11    roll-off hoists and roll-on containers for garbage,
12    recycling, or refuse hauling. Such lights shall not be
13    lighted except when such vehicles are actually being used
14    for such purposes;
15        13. Vehicles used by a security company, alarm
16    responder, control agency, or the Illinois Department of
17    Corrections;
18        14. Security vehicles of the Department of Human
19    Services; however, the lights shall not be lighted except
20    when being used for security related purposes under the
21    direction of the superintendent of the facility where the
22    vehicle is located; and
23        15. Vehicles of union representatives, except that the
24    lights shall be lighted only while the vehicle is within
25    the limits of a construction project.
26    (c) The use of blue oscillating, rotating or flashing

 

 

HB5496- 504 -LRB102 25260 LNS 34533 b

1lights, whether lighted or unlighted, is prohibited except on:
2        1. Rescue squad vehicles not owned by a fire
3    department and vehicles owned or operated by a:
4            voluntary firefighter;
5            paid firefighter;
6            part-paid firefighter;
7            call firefighter;
8            member of the board of trustees of a fire
9        protection district;
10            paid or unpaid member of a rescue squad;
11            paid or unpaid member of a voluntary ambulance
12        unit; or
13            paid or unpaid members of a local or county
14        emergency management services agency as defined in the
15        Illinois Emergency Management Agency Act, designated
16        or authorized by local authorities, in writing, and
17        carrying that designation or authorization in the
18        vehicle.
19        However, such lights are not to be lighted except when
20    responding to a bona fide emergency or when parked or
21    stationary at the scene of a fire, rescue call, ambulance
22    call, or motor vehicle crash accident.
23        Any person using these lights in accordance with this
24    subdivision (c)1 must carry on his or her person an
25    identification card or letter identifying the bona fide
26    member of a fire department, fire protection district,

 

 

HB5496- 505 -LRB102 25260 LNS 34533 b

1    rescue squad, ambulance unit, or emergency management
2    services agency that owns or operates that vehicle. The
3    card or letter must include:
4            (A) the name of the fire department, fire
5        protection district, rescue squad, ambulance unit, or
6        emergency management services agency;
7            (B) the member's position within the fire
8        department, fire protection district, rescue squad,
9        ambulance unit, or emergency management services
10        agency;
11            (C) the member's term of service; and
12            (D) the name of a person within the fire
13        department, fire protection district, rescue squad,
14        ambulance unit, or emergency management services
15        agency to contact to verify the information provided.
16        2. Police department vehicles in cities having a
17    population of 500,000 or more inhabitants.
18        3. Law enforcement vehicles of State or local
19    authorities when used in combination with red oscillating,
20    rotating or flashing lights.
21        4. Vehicles of local fire departments and State or
22    federal firefighting vehicles when used in combination
23    with red oscillating, rotating or flashing lights.
24        5. Vehicles which are designed and used exclusively as
25    ambulances or rescue vehicles when used in combination
26    with red oscillating, rotating or flashing lights;

 

 

HB5496- 506 -LRB102 25260 LNS 34533 b

1    furthermore, such lights shall not be lighted except when
2    responding to an emergency call.
3        6. Vehicles that are equipped and used exclusively as
4    organ transport vehicles when used in combination with red
5    oscillating, rotating, or flashing lights; furthermore,
6    these lights shall only be lighted when the transportation
7    is declared an emergency by a member of the transplant
8    team or a representative of the organ procurement
9    organization.
10        7. Vehicles of the Illinois Emergency Management
11    Agency, vehicles of the Office of the Illinois State Fire
12    Marshal, vehicles of the Illinois Department of Public
13    Health, vehicles of the Illinois Department of
14    Corrections, and vehicles of the Illinois Department of
15    Juvenile Justice, when used in combination with red
16    oscillating, rotating, or flashing lights.
17        8. Vehicles operated by a local or county emergency
18    management services agency as defined in the Illinois
19    Emergency Management Agency Act, when used in combination
20    with red oscillating, rotating, or flashing lights.
21        9. Vehicles of the Illinois Department of Natural
22    Resources that are used for mine rescue and explosives
23    emergency response, when used in combination with red
24    oscillating, rotating, or flashing lights.
25    (c-1) In addition to the blue oscillating, rotating, or
26flashing lights permitted under subsection (c), and

 

 

HB5496- 507 -LRB102 25260 LNS 34533 b

1notwithstanding subsection (a), a vehicle operated by a
2voluntary firefighter, a voluntary member of a rescue squad,
3or a member of a voluntary ambulance unit may be equipped with
4flashing white headlights and blue grill lights, which may be
5used only in responding to an emergency call or when parked or
6stationary at the scene of a fire, rescue call, ambulance
7call, or motor vehicle crash accident.
8    (c-2) In addition to the blue oscillating, rotating, or
9flashing lights permitted under subsection (c), and
10notwithstanding subsection (a), a vehicle operated by a paid
11or unpaid member of a local or county emergency management
12services agency as defined in the Illinois Emergency
13Management Agency Act, may be equipped with white oscillating,
14rotating, or flashing lights to be used in combination with
15blue oscillating, rotating, or flashing lights, if
16authorization by local authorities is in writing and carried
17in the vehicle.
18    (d) The use of a combination of amber and white
19oscillating, rotating or flashing lights, whether lighted or
20unlighted, is prohibited except on second division vehicles
21designed and used for towing or hoisting vehicles or motor
22vehicles or equipment of the State of Illinois, local
23authorities, contractors, and union representatives;
24furthermore, such lights shall not be lighted on second
25division vehicles designed and used for towing or hoisting
26vehicles or vehicles of the State of Illinois, local

 

 

HB5496- 508 -LRB102 25260 LNS 34533 b

1authorities, and contractors except while such vehicles are
2engaged in a tow operation, highway maintenance, or
3construction operations within the limits of highway
4construction projects, and shall not be lighted on the
5vehicles of union representatives except when those vehicles
6are within the limits of a construction project.
7    (e) All oscillating, rotating or flashing lights referred
8to in this Section shall be of sufficient intensity, when
9illuminated, to be visible at 500 feet in normal sunlight.
10    (f) Nothing in this Section shall prohibit a manufacturer
11of oscillating, rotating or flashing lights or his
12representative or authorized vendor from temporarily mounting
13such lights on a vehicle for demonstration purposes only. If
14the lights are not covered while the vehicle is operated upon a
15highway, the vehicle shall display signage indicating that the
16vehicle is out of service or not an emergency vehicle. The
17signage shall be displayed on all sides of the vehicle in
18letters at least 2 inches tall and one-half inch wide. A
19vehicle authorized to have oscillating, rotating, or flashing
20lights mounted for demonstration purposes may not activate the
21lights while the vehicle is operated upon a highway.
22    (g) Any person violating the provisions of subsections
23(a), (b), (c) or (d) of this Section who without lawful
24authority stops or detains or attempts to stop or detain
25another person shall be guilty of a Class 2 felony.
26    (h) Except as provided in subsection (g) above, any person

 

 

HB5496- 509 -LRB102 25260 LNS 34533 b

1violating the provisions of subsections (a) or (c) of this
2Section shall be guilty of a Class A misdemeanor.
3(Source: P.A. 100-62, eff. 8-11-17; 101-56, eff. 1-1-20.)
 
4    (625 ILCS 5/12-604.1)
5    Sec. 12-604.1. Video devices.
6    (a) A person may not operate a motor vehicle if a
7television receiver, a video monitor, a television or video
8screen, or any other similar means of visually displaying a
9television broadcast or video signal that produces
10entertainment or business applications is operating and is
11located in the motor vehicle at any point forward of the back
12of the driver's seat, or is operating and visible to the driver
13while driving the motor vehicle.
14    (a-5) A person commits aggravated use of a video device
15when he or she violates subsection (a) and in committing the
16violation he or she was involved in a motor vehicle crash
17accident that results in great bodily harm, permanent
18disability, disfigurement, or death to another and the
19violation was a proximate cause of the injury or death.
20    (b) This Section does not apply to the following
21equipment, whether or not permanently installed in a vehicle:
22        (1) a vehicle information display;
23        (2) a global positioning display;
24        (3) a mapping or navigation display;
25        (4) a visual display used to enhance or supplement the

 

 

HB5496- 510 -LRB102 25260 LNS 34533 b

1    driver's view forward, behind, or to the sides of a motor
2    vehicle for the purpose of maneuvering the vehicle;
3        (5) television-type receiving equipment used
4    exclusively for safety or traffic engineering studies; or
5        (6) a television receiver, video monitor, television
6    or video screen, or any other similar means of visually
7    displaying a television broadcast or video signal, if that
8    equipment has an interlock device that, when the motor
9    vehicle is driven, disables the equipment for all uses
10    except as a visual display as described in paragraphs (1)
11    through (5) of this subsection (b).
12    (c) This Section does not apply to a mobile, digital
13terminal installed in an authorized emergency vehicle, a motor
14vehicle providing emergency road service or roadside
15assistance, or to motor vehicles utilized for public
16transportation.
17    (d) This Section does not apply to a television receiver,
18video monitor, television or video screen, or any other
19similar means of visually displaying a television broadcast or
20video signal if: (i) the equipment is permanently installed in
21the motor vehicle; and (ii) the moving entertainment images
22that the equipment displays are not visible to the driver
23while the motor vehicle is in motion.
24    (d-5) This Section does not apply to a video event
25recorder, as defined in Section 1-218.10 of this Code,
26installed in a contract carrier vehicle.

 

 

HB5496- 511 -LRB102 25260 LNS 34533 b

1    (e) Except as provided in subsection (f) of this Section,
2a person convicted of violating this Section is guilty of a
3petty offense and shall be fined not more than $100 for a first
4offense, not more than $200 for a second offense within one
5year of a previous conviction, and not more than $250 for a
6third or subsequent offense within one year of 2 previous
7convictions.
8    (f) A person convicted of violating subsection (a-5)
9commits a Class A misdemeanor if the violation resulted in
10great bodily harm, permanent disability, or disfigurement to
11another. A person convicted of violating subsection (a-5)
12commits a Class 4 felony if the violation resulted in the death
13of another person.
14(Source: P.A. 98-507, eff. 1-1-14; 99-689, eff. 1-1-17.)
 
15    (625 ILCS 5/12-610.1)
16    Sec. 12-610.1. Wireless telephones.
17    (a) As used in this Section, "wireless telephone" means a
18device that is capable of transmitting or receiving telephonic
19communications without a wire connecting the device to the
20telephone network.
21    (b) A person under the age of 19 years who holds an
22instruction permit issued under Section 6-105 or 6-107.1, or a
23person under the age of 19 years who holds a graduated license
24issued under Section 6-107, may not drive a vehicle on a
25roadway while using a wireless phone.

 

 

HB5496- 512 -LRB102 25260 LNS 34533 b

1    (b-5) A person under the age of 19 commits aggravated use
2of a wireless telephone when he or she violates subsection (b)
3and in committing the violation he or she was involved in a
4motor vehicle crash accident that results in great bodily
5harm, permanent disability, disfigurement, or death to another
6and the violation was a proximate cause of the injury or death.
7    (c) This Section does not apply to a person under the age
8of 19 years using a wireless telephone for emergency purposes,
9including, but not limited to, an emergency call to a law
10enforcement agency, health care provider, fire department, or
11other emergency services agency or entity.
12    (d) If a graduated driver's license holder over the age of
1318 committed an offense against traffic regulations governing
14the movement of vehicles or any violation of Section 6-107 or
15Section 12-603.1 of this Code in the 6 months prior to the
16graduated driver's license holder's 18th birthday, and was
17subsequently convicted of the violation, the provisions of
18paragraph (b) shall continue to apply until such time as a
19period of 6 consecutive months has elapsed without an
20additional violation and subsequent conviction of an offense
21against traffic regulations governing the movement of vehicles
22or any violation of Section 6-107 or Section 12-603.1 of this
23Code.
24    (e) A person, regardless of age, may not use a wireless
25telephone at any time while operating a motor vehicle on a
26roadway in a school speed zone established under Section

 

 

HB5496- 513 -LRB102 25260 LNS 34533 b

111-605, on a highway in a construction or maintenance speed
2zone established under Section 11-605.1, or within 500 feet of
3an emergency scene. As used in this Section, "emergency scene"
4means a location where an authorized emergency vehicle as
5defined by Section 1-105 of this Code is present and has
6activated its oscillating, rotating, or flashing lights. This
7subsection (e) does not apply to (i) a person engaged in a
8highway construction or maintenance project for which a
9construction or maintenance speed zone has been established
10under Section 11-605.1, (ii) a person using a wireless
11telephone for emergency purposes, including, but not limited
12to, law enforcement agency, health care provider, fire
13department, or other emergency services agency or entity,
14(iii) a law enforcement officer or operator of an emergency
15vehicle when performing the officer's or operator's official
16duties, (iv) a person using a wireless telephone in
17voice-operated mode, which may include the use of a headset,
18(v) a person using a wireless telephone by pressing a single
19button to initiate or terminate a voice communication, or (vi)
20a person using an electronic communication device for the sole
21purpose of reporting an emergency situation and continued
22communication with emergency personnel during the emergency
23situation.
24    (e-5) A person commits aggravated use of a wireless
25telephone when he or she violates subsection (e) and in
26committing the violation he or she was involved in a motor

 

 

HB5496- 514 -LRB102 25260 LNS 34533 b

1vehicle crash accident that results in great bodily harm,
2permanent disability, disfigurement, or death to another and
3the violation was a proximate cause of the injury or death.
4    (f) A person convicted of violating subsection (b-5) or
5(e-5) commits a Class A misdemeanor if the violation resulted
6in great bodily harm, permanent disability, or disfigurement
7to another. A person convicted of violating subsection (b-5)
8or (e-5) commits a Class 4 felony if the violation resulted in
9the death of another person.
10(Source: P.A. 97-828, eff. 7-20-12; 97-830, eff. 1-1-13;
1198-463, eff. 8-16-13; 98-507, eff. 1-1-14.)
 
12    (625 ILCS 5/12-610.2)
13    Sec. 12-610.2. Electronic communication devices.
14    (a) As used in this Section:
15    "Electronic communication device" means an electronic
16device, including, but not limited to, a hand-held wireless
17telephone, hand-held personal digital assistant, or a portable
18or mobile computer, but does not include a global positioning
19system or navigation system or a device that is physically or
20electronically integrated into the motor vehicle.
21    (b) A person may not operate a motor vehicle on a roadway
22while using an electronic communication device, including
23using an electronic communication device to watch or stream
24video.
25    (b-5) A person commits aggravated use of an electronic

 

 

HB5496- 515 -LRB102 25260 LNS 34533 b

1communication device when he or she violates subsection (b)
2and in committing the violation he or she is involved in a
3motor vehicle crash accident that results in great bodily
4harm, permanent disability, disfigurement, or death to another
5and the violation is a proximate cause of the injury or death.
6    (c) A violation of this Section is an offense against
7traffic regulations governing the movement of vehicles. A
8person who violates this Section shall be fined a maximum of
9$75 for a first offense, $100 for a second offense, $125 for a
10third offense, and $150 for a fourth or subsequent offense,
11except that a person who violates subsection (b-5) shall be
12assessed a minimum fine of $1,000.
13    (d) This Section does not apply to:
14        (1) a law enforcement officer or operator of an
15    emergency vehicle while performing his or her official
16    duties;
17        (1.5) a first responder, including a volunteer first
18    responder, while operating his or her own personal motor
19    vehicle using an electronic communication device for the
20    sole purpose of receiving information about an emergency
21    situation while en route to performing his or her official
22    duties;
23        (2) a driver using an electronic communication device
24    for the sole purpose of reporting an emergency situation
25    and continued communication with emergency personnel
26    during the emergency situation;

 

 

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1        (3) a driver using an electronic communication device
2    in hands-free or voice-operated mode, which may include
3    the use of a headset;
4        (4) a driver of a commercial motor vehicle reading a
5    message displayed on a permanently installed communication
6    device designed for a commercial motor vehicle with a
7    screen that does not exceed 10 inches tall by 10 inches
8    wide in size;
9        (5) a driver using an electronic communication device
10    while parked on the shoulder of a roadway;
11        (6) a driver using an electronic communication device
12    when the vehicle is stopped due to normal traffic being
13    obstructed and the driver has the motor vehicle
14    transmission in neutral or park;
15        (7) a driver using two-way or citizens band radio
16    services;
17        (8) a driver using two-way mobile radio transmitters
18    or receivers for licensees of the Federal Communications
19    Commission in the amateur radio service;
20        (9) a driver using an electronic communication device
21    by pressing a single button to initiate or terminate a
22    voice communication; or
23        (10) a driver using an electronic communication device
24    capable of performing multiple functions, other than a
25    hand-held wireless telephone or hand-held personal digital
26    assistant (for example, a fleet management system,

 

 

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1    dispatching device, citizens band radio, or music player)
2    for a purpose that is not otherwise prohibited by this
3    Section.
4    (e) A person convicted of violating subsection (b-5)
5commits a Class A misdemeanor if the violation resulted in
6great bodily harm, permanent disability, or disfigurement to
7another. A person convicted of violating subsection (b-5)
8commits a Class 4 felony if the violation resulted in the death
9of another person.
10(Source: P.A. 101-81, eff. 7-12-19; 101-90, eff. 7-1-20;
11101-297, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
12    (625 ILCS 5/12-707.01)  (from Ch. 95 1/2, par. 12-707.01)
13    Sec. 12-707.01. Liability insurance.
14    (a) No school bus, first division vehicle including a taxi
15which is used for a purpose that requires a school bus driver
16permit, commuter van or motor vehicle owned by or used for hire
17by and in connection with the operation of private or public
18schools, day camps, summer camps or nursery schools, and no
19commuter van or passenger car used for a for-profit
20ridesharing arrangement, shall be operated for such purposes
21unless the owner thereof shall carry a minimum of personal
22injury liability insurance in the amount of $25,000 for any
23one person in any one crash accident, and subject to the limit
24for one person, $100,000 for two or more persons injured by
25reason of the operation of the vehicle in any one crash

 

 

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1accident. This subsection (a) applies only to personal injury
2liability policies issued or renewed before January 1, 2013.
3    (b) Liability insurance policies issued or renewed on and
4after January 1, 2013 shall comply with the following:
5        (1) except as provided in subparagraph (2) of this
6    subsection (b), any vehicle that is used for a purpose
7    that requires a school bus driver permit under Section
8    6-104 of this Code shall carry a minimum of liability
9    insurance in the amount of $2,000,000. This minimum
10    insurance requirement may be satisfied by either (i) a
11    $2,000,000 combined single limit primary commercial
12    automobile policy; or (ii) a $1 million primary commercial
13    automobile policy and a minimum $5,000,000 excess or
14    umbrella liability policy;
15        (2) any vehicle that is used for a purpose that
16    requires a school bus driver permit under Section 6-104 of
17    this Code and is used in connection with the operation of
18    private day care facilities, day camps, summer camps, or
19    nursery schools shall carry a minimum of liability
20    insurance in the amount of $1,000,000 combined single
21    limit per crash accident;
22        (3) any commuter van or passenger car used for a
23    for-profit ridesharing arrangement shall carry a minimum
24    of liability insurance in the amount of $500,000 combined
25    single limit per crash accident.
26    (c) Primary insurance coverage under the provisions of

 

 

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1this Section must be provided by a licensed and admitted
2insurance carrier or an intergovernmental cooperative formed
3under Section 10 of Article VII of the Illinois Constitution,
4or Section 6 or 9 of the Intergovernmental Cooperation Act, or
5provided by a certified self-insurer under Section 7-502 of
6this Code. The excess or umbrella liability coverage
7requirement may be met by securing surplus line insurance as
8defined under Section 445 of the Illinois Insurance Code. If
9the excess or umbrella liability coverage requirement is met
10by securing surplus line insurance, that coverage must be
11effected through a licensed surplus line producer acting under
12the surplus line insurance laws and regulations of this State.
13Nothing in this subsection (c) shall be construed as
14prohibiting a licensed and admitted insurance carrier or an
15intergovernmental cooperative formed under Section 10 of
16Article VII of the Illinois Constitution, or Section 6 or 9 of
17the Intergovernmental Cooperation Act, or a certified
18self-insurer under Section 7-502 of this Code, from retaining
19the risk required under paragraphs (1) and (2) of subsection
20(b) of this Section or issuing a single primary policy meeting
21the requirements of paragraphs (1) and (2) of subsection (b).
22    (d) Each owner of a vehicle required to obtain the minimum
23liability requirements under subsection (b) of this Section
24shall attest that the vehicle meets the minimum insurance
25requirements under this Section. The Secretary of State shall
26create a form for each owner of a vehicle to attest that the

 

 

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1owner meets the minimum insurance requirements and the owner
2of the vehicle shall submit the form with each registration
3application. The form shall be valid for the full registration
4period; however, if at any time the Secretary has reason to
5believe that the owner does not have the minimum required
6amount of insurance for a vehicle, then the Secretary may
7require a certificate of insurance, or its equivalent, to
8ensure the vehicle is insured. If the owner fails to produce a
9certificate of insurance, or its equivalent, within 2 calendar
10days after the request was made, then the Secretary may revoke
11the vehicle owner's registration until the Secretary is
12assured the vehicle meets the minimum insurance requirements.
13If the owner of a vehicle participates in an intergovernmental
14cooperative or is self-insured, then the owner shall attest
15that the insurance required under this Section is equivalent
16to or greater than the insurance required under paragraph (1)
17of subsection (b) of this Section. The Secretary may adopt any
18rules necessary to enforce the provisions of this subsection
19(d).
20(Source: P.A. 99-595, eff. 1-1-17.)
 
21    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
22    Sec. 13-109. Safety test prior to application for license -
23 Subsequent tests - Repairs - Retest.
24    (a) Except as otherwise provided in Chapter 13, each
25second division vehicle, first division vehicle including a

 

 

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1taxi which is used for a purpose that requires a school bus
2driver permit, and medical transport vehicle, except those
3vehicles other than school buses or medical transport vehicles
4owned or operated by a municipal corporation or political
5subdivision having a population of 1,000,000 or more
6inhabitants which are subjected to safety tests imposed by
7local ordinance or resolution, operated in whole or in part
8over the highways of this State, motor vehicle used for driver
9education training, and each vehicle designed to carry 15 or
10fewer passengers operated by a contract carrier transporting
11employees in the course of their employment on a highway of
12this State, shall be subjected to the safety test provided for
13in Chapter 13 of this Code. Tests shall be conducted at an
14official testing station within 6 months prior to the
15application for registration as provided for in this Code.
16Subsequently each vehicle shall be subject to tests (i) at
17least every 6 months, (ii) in the case of school buses and
18first division vehicles including taxis which are used for a
19purpose that requires a school bus driver permit, at least
20every 6 months or 10,000 miles, whichever occurs first, (iii)
21in the case of driver education vehicles used by public high
22schools, at least every 12 months for vehicles over 5 model
23years of age or having an odometer reading of over 75,000
24miles, whichever occurs first, or (iv) in the case of truck
25tractors, semitrailers, and property-carrying vehicles
26registered for a gross weight of more than 10,000 pounds but

 

 

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1less than 26,001 pounds, at least every 12 months, and
2according to schedules established by rules and regulations
3promulgated by the Department. Any component subject to
4regular inspection which is damaged in a reportable crash
5accident must be reinspected before the bus or first division
6vehicle including a taxi which is used for a purpose that
7requires a school bus driver permit is returned to service.
8    (b) The Department shall also conduct periodic
9nonscheduled inspections of school buses, of buses registered
10as charitable vehicles and of religious organization buses. If
11such inspection reveals that a vehicle is not in substantial
12compliance with the rules promulgated by the Department, the
13Department shall remove the Certificate of Safety from the
14vehicle, and shall place the vehicle out-of-service. A bright
15orange, triangular decal shall be placed on an out-of-service
16vehicle where the Certificate of Safety has been removed. The
17vehicle must pass a safety test at an official testing station
18before it is again placed in service.
19    (c) If the violation is not substantial a bright yellow,
20triangular sticker shall be placed next to the Certificate of
21Safety at the time the nonscheduled inspection is made. The
22Department shall reinspect the vehicle after 3 working days to
23determine that the violation has been corrected and remove the
24yellow, triangular decal. If the violation is not corrected
25within 3 working days, the Department shall place the vehicle
26out-of-service in accordance with procedures in subsection

 

 

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1(b).
2    (d) If a violation is not substantial and does not
3directly affect the safe operation of the vehicle, the
4Department shall issue a warning notice requiring correction
5of the violation. Such correction shall be accomplished as
6soon as practicable and a report of the correction shall be
7made to the Department within 30 days in a manner established
8by the Department. If the Department has not been advised that
9the corrections have been made, and the violations still
10exist, the Department shall place the vehicle out-of-service
11in accordance with procedures in subsection (b).
12    (e) The Department is authorized to promulgate regulations
13to implement its program of nonscheduled inspections. Causing
14or allowing the operation of an out-of-service vehicle with
15passengers or unauthorized removal of an out-of-service
16sticker is a Class 3 felony. Causing or allowing the operation
17of a vehicle with a 3-day sticker for longer than 3 days with
18the sticker attached or the unauthorized removal of a 3-day
19sticker is a Class C misdemeanor.
20    (f) If a second division vehicle, first division vehicle
21including a taxi which is used for a purpose that requires a
22school bus driver permit, medical transport vehicle, or
23vehicle operated by a contract carrier as provided in
24subsection (a) of this Section is in safe mechanical
25condition, as determined pursuant to Chapter 13, the operator
26of the official testing station must at once issue to the

 

 

HB5496- 524 -LRB102 25260 LNS 34533 b

1second division vehicle, first division vehicle including a
2taxi which is used for a purpose that requires a school bus
3driver permit, or medical transport vehicle a certificate of
4safety, in the form and manner prescribed by the Department,
5which shall be affixed to the vehicle by the certified safety
6tester who performed the safety tests. The owner of the second
7division vehicle, first division vehicle including a taxi
8which is used for a purpose that requires a school bus driver
9permit, or medical transport vehicle or the contract carrier
10shall at all times display the Certificate of Safety on the
11second division vehicle, first division vehicle including a
12taxi which is used for a purpose that requires a school bus
13driver permit, medical transport vehicle, or vehicle operated
14by a contract carrier in the manner prescribed by the
15Department.
16    (g) If a test shows that a second division vehicle, first
17division vehicle including a taxi which is used for a purpose
18that requires a school bus driver permit, medical transport
19vehicle, or vehicle operated by a contract carrier is not in
20safe mechanical condition as provided in this Section, it
21shall not be operated on the highways until it has been
22repaired and submitted to a retest at an official testing
23station. If the owner or contract carrier submits the vehicle
24to a retest at a different official testing station from that
25where it failed to pass the first test, he or she shall present
26to the operator of the second station the report of the

 

 

HB5496- 525 -LRB102 25260 LNS 34533 b

1original test, and shall notify the Department in writing,
2giving the name and address of the original testing station
3and the defects which prevented the issuance of a Certificate
4of Safety, and the name and address of the second official
5testing station making the retest.
6(Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
 
7    (625 ILCS 5/13-111)  (from Ch. 95 1/2, par. 13-111)
8    Sec. 13-111. Operation without certificate of safety
9attached; Effective date of certificate.
10    (a) Except as provided for in Chapter 13, no person shall
11operate any vehicle required to be inspected by this Chapter
12upon the highways of this State unless there is affixed to that
13vehicle a certificate of safety then in effect. The Secretary
14of State, State Police, and other police officers shall
15enforce this Section. The Department shall determine the
16expiration date of the certificate of safety.
17    The certificates, all forms and records, reports of tests
18and retests, and the full procedure and methods of making the
19tests and retests, shall be in the form prescribed by the
20Department.
21    (b) Every person convicted of violating this Section is
22guilty of a petty offense with a minimum fine of $95 and a
23maximum fine of $250; unless the violation is contemporaneous
24with a motor vehicle crash accident, in which case the person
25is guilty of a Class C misdemeanor.

 

 

HB5496- 526 -LRB102 25260 LNS 34533 b

1(Source: P.A. 98-489, eff. 1-1-14.)
 
2    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
3    Sec. 15-301. Permits for excess size and weight.
4    (a) The Department with respect to highways under its
5jurisdiction and local authorities with respect to highways
6under their jurisdiction may, in their discretion, upon
7application and good cause being shown therefor, issue a
8special permit authorizing the applicant to operate or move a
9vehicle or combination of vehicles of a size or weight of
10vehicle or load exceeding the maximum specified in this Code
11or otherwise not in conformity with this Code upon any highway
12under the jurisdiction of the party granting such permit and
13for the maintenance of which the party is responsible.
14Applications and permits other than those in written or
15printed form may only be accepted from and issued to the
16company or individual making the movement. Except for an
17application to move directly across a highway, it shall be the
18duty of the applicant to establish in the application that the
19load to be moved by such vehicle or combination cannot
20reasonably be dismantled or disassembled, the reasonableness
21of which shall be determined by the Secretary of the
22Department. For the purpose of over length movements, more
23than one object may be carried side by side as long as the
24height, width, and weight laws are not exceeded and the cause
25for the over length is not due to multiple objects. For the

 

 

HB5496- 527 -LRB102 25260 LNS 34533 b

1purpose of over height movements, more than one object may be
2carried as long as the cause for the over height is not due to
3multiple objects and the length, width, and weight laws are
4not exceeded. For the purpose of an over width movement, more
5than one object may be carried as long as the cause for the
6over width is not due to multiple objects and length, height,
7and weight laws are not exceeded. Except for transporting
8fluid milk products, no State or local agency shall authorize
9the issuance of excess size or weight permits for vehicles and
10loads that are divisible and that can be carried, when
11divided, within the existing size or weight maximums specified
12in this Chapter. Any excess size or weight permit issued in
13violation of the provisions of this Section shall be void at
14issue and any movement made thereunder shall not be authorized
15under the terms of the void permit. In any prosecution for a
16violation of this Chapter when the authorization of an excess
17size or weight permit is at issue, it is the burden of the
18defendant to establish that the permit was valid because the
19load to be moved could not reasonably be dismantled or
20disassembled, or was otherwise nondivisible.
21    (a-1) As used in this Section, "extreme heavy duty tow and
22recovery vehicle" means a tow truck manufactured as a unit
23having a lifting capacity of not less than 50 tons, and having
24either 4 axles and an unladen weight of not more than 80,000
25pounds or 5 axles and an unladen weight not more than 90,000
26pounds. Notwithstanding otherwise applicable gross and axle

 

 

HB5496- 528 -LRB102 25260 LNS 34533 b

1weight limits, an extreme heavy duty tow and recovery vehicle
2may lawfully travel to and from the scene of a disablement and
3clear a disabled vehicle if the towing service has obtained an
4extreme heavy duty tow and recovery permit for the vehicle.
5The form and content of the permit shall be determined by the
6Department with respect to highways under its jurisdiction and
7by local authorities with respect to highways under their
8jurisdiction.
9    (b) The application for any such permit shall: (1) state
10whether such permit is requested for a single trip or for
11limited continuous operation; (2) (blank); (3) specifically
12describe and identify the vehicle or vehicles and load to be
13operated or moved; (4) state the routing requested, including
14the points of origin and destination, and may identify and
15include a request for routing to the nearest certified scale
16in accordance with the Department's rules and regulations,
17provided the applicant has approval to travel on local roads;
18and (5) (blank).
19    (c) The Department or local authority when not
20inconsistent with traffic safety is authorized to issue or
21withhold such permit at its discretion; or, if such permit is
22issued at its discretion to prescribe the route or routes to be
23traveled, to limit the number of trips, to establish seasonal
24or other time limitations within which the vehicles described
25may be operated on the highways indicated, or otherwise to
26limit or prescribe conditions of operations of such vehicle or

 

 

HB5496- 529 -LRB102 25260 LNS 34533 b

1vehicles, when necessary to assure against undue damage to the
2road foundations, surfaces or structures, and may require such
3undertaking or other security as may be deemed necessary to
4compensate for any injury to any roadway or road structure.
5The Department shall maintain a daily record of each permit
6issued along with the fee and the stipulated dimensions,
7weights, conditions, and restrictions authorized and this
8record shall be presumed correct in any case of questions or
9dispute. The Department shall install an automatic device for
10recording telephone conversations involving permit
11applications. The Department and applicant waive all
12objections to the recording of the conversation.
13    (d) The Department shall, upon application in writing from
14any local authority, issue an annual permit authorizing the
15local authority to move oversize highway construction,
16transportation, utility, and maintenance equipment over roads
17under the jurisdiction of the Department. The permit shall be
18applicable only to equipment and vehicles owned by or
19registered in the name of the local authority, and no fee shall
20be charged for the issuance of such permits.
21    (e) As an exception to subsection (a) of this Section, the
22Department and local authorities, with respect to highways
23under their respective jurisdictions, in their discretion and
24upon application in writing, may issue a special permit for
25limited continuous operation, authorizing the applicant to
26move loads of agricultural commodities on a 2-axle single

 

 

HB5496- 530 -LRB102 25260 LNS 34533 b

1vehicle registered by the Secretary of State with axle loads
2not to exceed 35%, on a 3-axle or 4-axle vehicle registered by
3the Secretary of State with axle loads not to exceed 20%, and
4on a 5-axle vehicle registered by the Secretary of State not to
5exceed 10% above those provided in Section 15-111. The total
6gross weight of the vehicle, however, may not exceed the
7maximum gross weight of the registration class of the vehicle
8allowed under Section 3-815 or 3-818 of this Code.
9    As used in this Section, "agricultural commodities" means:
10        (1) cultivated plants or agricultural produce grown,
11    including, but not limited to, corn, soybeans, wheat,
12    oats, grain sorghum, canola, and rice;
13        (2) livestock, including, but not limited to, hogs,
14    equine, sheep, and poultry;
15        (3) ensilage; and
16        (4) fruits and vegetables.
17    Permits may be issued for a period not to exceed 40 days
18and moves may be made of a distance not to exceed 50 miles from
19a field, an on-farm grain storage facility, a warehouse as
20defined in the Grain Code, or a livestock management facility
21as defined in the Livestock Management Facilities Act over any
22highway except the National System of Interstate and Defense
23Highways. The operator of the vehicle, however, must abide by
24posted bridge and posted highway weight limits. All implements
25of husbandry operating under this Section between sunset and
26sunrise shall be equipped as prescribed in Section 12-205.1.

 

 

HB5496- 531 -LRB102 25260 LNS 34533 b

1    (e-1) A special permit shall be issued by the Department
2under this Section and shall be required from September 1
3through December 31 for a vehicle that exceeds the maximum
4axle weight and gross weight limits under Section 15-111 of
5this Code or exceeds the vehicle's registered gross weight,
6provided that the vehicle's axle weight and gross weight do
7not exceed 10% above the maximum limits under Section 15-111
8of this Code and does not exceed the vehicle's registered
9gross weight by 10%. All other restrictions that apply to
10permits issued under this Section shall apply during the
11declared time period and no fee shall be charged for the
12issuance of those permits. Permits issued by the Department
13under this subsection (e-1) are only valid on federal and
14State highways under the jurisdiction of the Department,
15except interstate highways. With respect to highways under the
16jurisdiction of local authorities, the local authorities may,
17at their discretion, waive special permit requirements and set
18a divisible load weight limit not to exceed 10% above a
19vehicle's registered gross weight, provided that the vehicle's
20axle weight and gross weight do not exceed 10% above the
21maximum limits specified in Section 15-111. Permits issued
22under this subsection (e-1) shall apply to all registered
23vehicles eligible to obtain permits under this Section,
24including vehicles used in private or for-hire movement of
25divisible load agricultural commodities during the declared
26time period.

 

 

HB5496- 532 -LRB102 25260 LNS 34533 b

1    (f) The form and content of the permit shall be determined
2by the Department with respect to highways under its
3jurisdiction and by local authorities with respect to highways
4under their jurisdiction. Every permit shall be in written
5form and carried in the vehicle or combination of vehicles to
6which it refers and shall be open to inspection by any police
7officer or authorized agent of any authority granting the
8permit and no person shall violate any of the terms or
9conditions of such special permit. Violation of the terms and
10conditions of the permit shall not be deemed a revocation of
11the permit; however, any vehicle and load found to be off the
12route prescribed in the permit shall be held to be operating
13without a permit. Any off-route vehicle and load shall be
14required to obtain a new permit or permits, as necessary, to
15authorize the movement back onto the original permit routing.
16No rule or regulation, nor anything herein, shall be construed
17to authorize any police officer, court, or authorized agent of
18any authority granting the permit to remove the permit from
19the possession of the permittee unless the permittee is
20charged with a fraudulent permit violation as provided in
21subsection (i). However, upon arrest for an offense of
22violation of permit, operating without a permit when the
23vehicle is off route, or any size or weight offense under this
24Chapter when the permittee plans to raise the issuance of the
25permit as a defense, the permittee, or his agent, must produce
26the permit at any court hearing concerning the alleged

 

 

HB5496- 533 -LRB102 25260 LNS 34533 b

1offense.
2    If the permit designates and includes a routing to a
3certified scale, the permittee, while en route to the
4designated scale, shall be deemed in compliance with the
5weight provisions of the permit provided the axle or gross
6weights do not exceed any of the permitted limits by more than
7the following amounts:
8        Single axle               2000 pounds
9        Tandem axle               3000 pounds
10        Gross                     5000 pounds
11    (g) The Department is authorized to adopt, amend, and make
12available to interested persons a policy concerning reasonable
13rules, limitations and conditions or provisions of operation
14upon highways under its jurisdiction in addition to those
15contained in this Section for the movement by special permit
16of vehicles, combinations, or loads which cannot reasonably be
17dismantled or disassembled, including manufactured and modular
18home sections and portions thereof. All rules, limitations and
19conditions or provisions adopted in the policy shall have due
20regard for the safety of the traveling public and the
21protection of the highway system and shall have been
22promulgated in conformity with the provisions of the Illinois
23Administrative Procedure Act. The requirements of the policy
24for flagmen and escort vehicles shall be the same for all moves
25of comparable size and weight. When escort vehicles are
26required, they shall meet the following requirements:

 

 

HB5496- 534 -LRB102 25260 LNS 34533 b

1        (1) All operators shall be 18 years of age or over and
2    properly licensed to operate the vehicle.
3        (2) Vehicles escorting oversized loads more than 12
4    feet wide must be equipped with a rotating or flashing
5    amber light mounted on top as specified under Section
6    12-215.
7    The Department shall establish reasonable rules and
8regulations regarding liability insurance or self insurance
9for vehicles with oversized loads promulgated under the
10Illinois Administrative Procedure Act. Police vehicles may be
11required for escort under circumstances as required by rules
12and regulations of the Department.
13    (h) Violation of any rule, limitation or condition or
14provision of any permit issued in accordance with the
15provisions of this Section shall not render the entire permit
16null and void but the violator shall be deemed guilty of
17violation of permit and guilty of exceeding any size, weight,
18or load limitations in excess of those authorized by the
19permit. The prescribed route or routes on the permit are not
20mere rules, limitations, conditions, or provisions of the
21permit, but are also the sole extent of the authorization
22granted by the permit. If a vehicle and load are found to be
23off the route or routes prescribed by any permit authorizing
24movement, the vehicle and load are operating without a permit.
25Any off-route movement shall be subject to the size and weight
26maximums, under the applicable provisions of this Chapter, as

 

 

HB5496- 535 -LRB102 25260 LNS 34533 b

1determined by the type or class highway upon which the vehicle
2and load are being operated.
3    (i) Whenever any vehicle is operated or movement made
4under a fraudulent permit, the permit shall be void, and the
5person, firm, or corporation to whom such permit was granted,
6the driver of such vehicle in addition to the person who issued
7such permit and any accessory, shall be guilty of fraud and
8either one or all persons may be prosecuted for such
9violation. Any person, firm, or corporation committing such
10violation shall be guilty of a Class 4 felony and the
11Department shall not issue permits to the person, firm, or
12corporation convicted of such violation for a period of one
13year after the date of conviction. Penalties for violations of
14this Section shall be in addition to any penalties imposed for
15violation of other Sections of this Code.
16    (j) Whenever any vehicle is operated or movement made in
17violation of a permit issued in accordance with this Section,
18the person to whom such permit was granted, or the driver of
19such vehicle, is guilty of such violation and either, but not
20both, persons may be prosecuted for such violation as stated
21in this subsection (j). Any person, firm, or corporation
22convicted of such violation shall be guilty of a petty offense
23and shall be fined, for the first offense, not less than $50
24nor more than $200 and, for the second offense by the same
25person, firm, or corporation within a period of one year, not
26less than $200 nor more than $300 and, for the third offense by

 

 

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1the same person, firm, or corporation within a period of one
2year after the date of the first offense, not less than $300
3nor more than $500 and the Department may, in its discretion,
4not issue permits to the person, firm, or corporation
5convicted of a third offense during a period of one year after
6the date of conviction or supervision for such third offense.
7If any violation is the cause or contributing cause in a motor
8vehicle crash accident causing damage to property, injury, or
9death to a person, the Department may, in its discretion, not
10issue a permit to the person, firm, or corporation for a period
11of one year after the date of conviction or supervision for the
12offense.
13    (k) Whenever any vehicle is operated on local roads under
14permits for excess width or length issued by local
15authorities, such vehicle may be moved upon a State highway
16for a distance not to exceed one-half mile without a permit for
17the purpose of crossing the State highway.
18    (l) Notwithstanding any other provision of this Section,
19the Department, with respect to highways under its
20jurisdiction, and local authorities, with respect to highways
21under their jurisdiction, may at their discretion authorize
22the movement of a vehicle in violation of any size or weight
23requirement, or both, that would not ordinarily be eligible
24for a permit, when there is a showing of extreme necessity that
25the vehicle and load should be moved without unnecessary
26delay.

 

 

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1    For the purpose of this subsection, showing of extreme
2necessity shall be limited to the following: shipments of
3livestock, hazardous materials, liquid concrete being hauled
4in a mobile cement mixer, or hot asphalt.
5    (m) Penalties for violations of this Section shall be in
6addition to any penalties imposed for violating any other
7Section of this Code.
8    (n) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction, in their discretion and upon
11application in writing, may issue a special permit for
12continuous limited operation, authorizing the applicant to
13operate a tow truck that exceeds the weight limits provided
14for in subsection (a) of Section 15-111, provided:
15        (1) no rear single axle of the tow truck exceeds
16    26,000 pounds;
17        (2) no rear tandem axle of the tow truck exceeds
18    50,000 pounds;
19        (2.1) no triple rear axle on a manufactured recovery
20    unit exceeds 60,000 pounds;
21        (3) neither the disabled vehicle nor the disabled
22    combination of vehicles exceed the weight restrictions
23    imposed by this Chapter 15, or the weight limits imposed
24    under a permit issued by the Department prior to hookup;
25        (4) the tow truck prior to hookup does not exceed the
26    weight restrictions imposed by this Chapter 15;

 

 

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1        (5) during the tow operation the tow truck does not
2    violate any weight restriction sign;
3        (6) the tow truck is equipped with flashing, rotating,
4    or oscillating amber lights, visible for at least 500 feet
5    in all directions;
6        (7) the tow truck is specifically designed and
7    licensed as a tow truck;
8        (8) the tow truck has a gross vehicle weight rating of
9    sufficient capacity to safely handle the load;
10        (9) the tow truck is equipped with air brakes;
11        (10) the tow truck is capable of utilizing the
12    lighting and braking systems of the disabled vehicle or
13    combination of vehicles;
14        (11) the tow commences at the initial point of wreck
15    or disablement and terminates at a point where the repairs
16    are actually to occur;
17        (12) the permit issued to the tow truck is carried in
18    the tow truck and exhibited on demand by a police officer;
19    and
20        (13) the movement shall be valid only on State routes
21    approved by the Department.
22    (o) (Blank).
23    (p) In determining whether a load may be reasonably
24dismantled or disassembled for the purpose of subsection (a),
25the Department shall consider whether there is a significant
26negative impact on the condition of the pavement and

 

 

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1structures along the proposed route, whether the load or
2vehicle as proposed causes a safety hazard to the traveling
3public, whether dismantling or disassembling the load promotes
4or stifles economic development, and whether the proposed
5route travels less than 5 miles. A load is not required to be
6dismantled or disassembled for the purposes of subsection (a)
7if the Secretary of the Department determines there will be no
8significant negative impact to pavement or structures along
9the proposed route, the proposed load or vehicle causes no
10safety hazard to the traveling public, dismantling or
11disassembling the load does not promote economic development,
12and the proposed route travels less than 5 miles. The
13Department may promulgate rules for the purpose of
14establishing the divisibility of a load pursuant to subsection
15(a). Any load determined by the Secretary to be nondivisible
16shall otherwise comply with the existing size or weight
17maximums specified in this Chapter.
18(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20;
19102-124, eff. 7-23-21.)
 
20    (625 ILCS 5/16-108)
21    Sec. 16-108. Claims of diplomatic immunity.
22    (a) This Section applies only to an individual that
23displays to a police officer a driver's license issued by the
24U.S. Department of State or that otherwise claims immunities
25or privileges under Title 22, Chapter 6 of the United States

 

 

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1Code with respect to the individual's violation of Section 9-3
2or Section 9-3.2 of the Criminal Code of 2012 or his or her
3violation of a traffic regulation governing the movement of
4vehicles under this Code or a similar provision of a local
5ordinance.
6    (b) If a driver subject to this Section is stopped by a
7police officer that has probable cause to believe that the
8driver has committed a violation described in subsection (a)
9of this Section, the police officer shall:
10        (1) as soon as practicable contact the U.S. Department
11    of State office in order to verify the driver's status and
12    immunity, if any;
13        (2) record all relevant information from any driver's
14    license or identification card, including a driver's
15    license or identification card issued by the U.S.
16    Department of State; and
17        (3) within 5 workdays after the date of the stop,
18    forward the following to the Secretary of State of
19    Illinois:
20            (A) a vehicle crash accident report, if the driver
21        was involved in a vehicle crash accident;
22            (B) if a citation or charge was issued to the
23        driver, a copy of the citation or charge; and
24            (C) if a citation or charge was not issued to the
25        driver, a written report of the incident.
26    (c) Upon receiving material submitted under paragraph (3)

 

 

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1of subsection (b) of this Section, the Secretary of State
2shall:
3        (1) file each vehicle crash accident report, citation
4    or charge, and incident report received;
5        (2) keep convenient records or make suitable notations
6    showing each:
7            (A) conviction;
8            (B) disposition of court supervision for any
9        violation of Section 11-501 of this Code; and
10            (C) vehicle crash accident; and
11        (3) send a copy of each document and record described
12    in paragraph (2) of this subsection (c) to the Bureau of
13    Diplomatic Security, Office of Foreign Missions, of the
14    U.S. Department of State.
15    (d) This Section does not prohibit or limit the
16application of any law to a criminal or motor vehicle
17violation by an individual who has or claims immunities or
18privileges under Title 22, Chapter 6 of the United States
19Code.
20(Source: P.A. 97-1150, eff. 1-25-13.)
 
21    (625 ILCS 5/18a-301)  (from Ch. 95 1/2, par. 18a-301)
22    Sec. 18a-301. Commercial vehicle relocators - Security
23requirements. Every commercial vehicle relocator shall file
24with the Commission and have in effect an indemnity bond or
25insurance policy or certificates of bonds or insurance in lieu

 

 

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1thereof which shall indemnify or insure the relocator for its
2liability: (1) for injury to person, in an amount not less than
3$100,000 to any one person and $300,000 for any one crash
4accident; (2) in case of damage to property other than a
5vehicle being removed, in an amount not less than $50,000 for
6any one crash accident; and (3) in case of damage to any
7vehicle relocated or stored by the relocator, in an amount not
8less than $15,000 per vehicle. Any such bond or policy shall be
9issued by a bonding or insurance firm authorized to do
10business as such in the State of Illinois. All certificates or
11indemnity bonds or insurance filed with the Commission must
12show the coverage effective continuously until cancelled, and
13the Commission may require such evidence of continued validity
14as it deems necessary.
15(Source: P.A. 85-1396.)
 
16    (625 ILCS 5/18b-105)  (from Ch. 95 1/2, par. 18b-105)
17    Sec. 18b-105. Rules and Regulations.
18    (a) The Department is authorized to make and adopt
19reasonable rules and regulations and orders consistent with
20law necessary to carry out the provisions of this Chapter.
21    (b) The following parts of Title 49 of the Code of Federal
22Regulations, as now in effect, are hereby adopted by reference
23as though they were set out in full:
24    Part 40 - Procedures For Transportation Workplace Drug and
25Alcohol Testing Programs;

 

 

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1    Part 380 - Special Training Requirements;
2    Part 382 - Controlled Substances and Alcohol Use and
3Testing;
4    Part 383 - Commercial Driver's License Standards,
5Requirements, and Penalties;
6    Part 385 - Safety Fitness Procedures;
7    Part 386 Appendix B - Penalty Schedule; Violations and
8Maximum Monetary Penalties;
9    Part 387 - Minimum Levels of Financial Responsibility for
10Motor Carriers;
11    Part 390 - Federal Motor Carrier Safety Regulations:
12General;
13    Part 391 - Qualifications of Drivers;
14    Part 392 - Driving of Motor Vehicles;
15    Part 393 - Parts and Accessories Necessary for Safe
16Operation;
17    Part 395 - Hours of Service of Drivers, except as provided
18in Section 18b-106.1;
19    Part 396 - Inspection, Repair and Maintenance; and
20    Part 397 - Transportation of hazardous materials; Driving
21and Parking Rules.
22    (b-5) Individuals who meet the requirements set forth in
23the definition of "medical examiner" in Section 390.5 of Part
24390 of Title 49 of the Code of Federal Regulations may act as
25medical examiners in accordance with Part 391 of Title 49 of
26the Code of Federal Regulations.

 

 

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1    (c) The following parts and Sections of the Federal Motor
2Carrier Safety Regulations shall not apply to those intrastate
3carriers, drivers or vehicles subject to subsection (b).
4        (1) Section 393.93 of Part 393 for those vehicles
5    manufactured before June 30, 1972.
6        (2) Section 393.86 of Part 393 for those vehicles
7    registered as farm trucks under subsection (c) of Section
8    3-815 of this Code.
9        (3) (Blank).
10        (4) (Blank).
11        (5) Paragraph (b)(1) of Section 391.11 of Part 391.
12        (6) All of Part 395 for all agricultural operations as
13    defined in Section 18b-101 of this Chapter at any time of
14    the year and all farm to market agricultural
15    transportation as defined in Chapter 1 and for grain
16    hauling operations within a radius of 200 air miles of the
17    normal work reporting location.
18        (7) Paragraphs (b)(3) (insulin dependent diabetic) and
19    (b)(10) (minimum visual acuity) of Section 391.41 of part
20    391, but only for any driver who immediately prior to July
21    29, 1986 was eligible and licensed to operate a motor
22    vehicle subject to this Section and was engaged in
23    operating such vehicles, and who was disqualified on July
24    29, 1986 by the adoption of Part 391 by reason of the
25    application of paragraphs (b)(3) and (b)(10) of Section
26    391.41 with respect to a physical condition existing at

 

 

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1    that time unless such driver has a record of crashes
2    accidents which would indicate a lack of ability to
3    operate a motor vehicle in a safe manner.
4    (d) Intrastate carriers subject to the recording
5provisions of Section 395.8 of Part 395 of the Federal Motor
6Carrier Safety Regulations shall be exempt as established
7under paragraph (1) of Section 395.8; provided, however, for
8the purpose of this Code, drivers shall operate within a 150
9air-mile radius of the normal work reporting location to
10qualify for exempt status.
11    (e) Regulations adopted by the Department subsequent to
12those adopted under subsection (b) hereof shall be identical
13in substance to the Federal Motor Carrier Safety Regulations
14of the United States Department of Transportation and adopted
15in accordance with the procedures for rulemaking in Section
165-35 of the Illinois Administrative Procedure Act.
17(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05;
1894-739, eff. 5-5-06.)
 
19    (625 ILCS 5/18b-108)  (from Ch. 95 1/2, par. 18b-108)
20    Sec. 18b-108. Violations; criminal penalties.
21    (a) The provisions of Chapter 16 shall be applicable to
22acts committed by a driver of a motor vehicle that violate this
23Chapter or any rule or regulation issued under this Chapter.
24    (b) Except as provided in subsection (d), any driver who
25willfully violates any provision of this Chapter or any rule

 

 

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1or regulation issued under this Chapter is guilty of a Class 4
2felony. In addition to any other penalties prescribed by law,
3the maximum fine for each offense is $10,000. Such violation
4shall be prosecuted by the State's Attorney or the Attorney
5General.
6    (c) Except as provided in subsection (d), any person,
7other than a driver, who willfully violates or causes another
8to violate any provision of this Chapter or any rule or
9regulation issued under this Chapter is guilty of a Class 3
10felony. In addition to any other penalties prescribed by law,
11the maximum fine for each offense is $25,000. Such violation
12shall be prosecuted at the request of the Department by the
13State's Attorney or the Attorney General.
14    (d) Any driver who willfully violates Parts 392, 395,
15Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any
16other Part of Title 49 of the Code of Federal Regulations, as
17adopted by reference in Section 18b-105 of this Code, which
18would place the driver or vehicle out of service, when the
19violation results in a motor vehicle crash accident that
20causes great bodily harm, permanent disability or
21disfigurement, or death to another person, is guilty of a
22Class 3 felony. Any person other than the driver who willfully
23violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or
24391.45 of Part 391 or any other Part of Title 49 of the Code of
25Federal Regulations, as adopted by reference in Section
2618b-105 of this Code, which would place the driver or vehicle

 

 

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1out of service, when the violation results in a motor vehicle
2crash accident that causes great bodily harm, permanent
3disability or disfigurement, or death to another person, is
4guilty of a Class 2 felony.
5(Source: P.A. 99-291, eff. 1-1-16.)
 
6    (625 ILCS 5/18c-6502)  (from Ch. 95 1/2, par. 18c-6502)
7    Sec. 18c-6502. Report and Investigation of Crashes
8Accidents. (1) Reports. Every motor carrier of passengers
9shall report to the Commission, by the speediest means
10possible, whether telephone, telegraph, or otherwise, every
11crash accident involving its equipment which resulted in loss
12of life to any person. In addition to reports required to be
13filed with the Department of Transportation, under Article IV
14of Chapter 11 and Chapter 7 of this Code, such carrier shall
15file a written report with the Commission, in accordance with
16regulations adopted hereunder, of any crash accident which
17results in injury or loss of life to any employee, or damage to
18the person or property of any member of the public. The
19Commission and the Department of Transportation may adopt, by
20reference, such state or federal reporting requirements as
21will effectuate the purposes of this Section and promote
22uniformity in bus crash accident reporting.
23    (2) Investigations. The Commission and the Department of
24Transportation may investigate any bus crash accident reported
25to it or of which it acquires knowledge independent of reports

 

 

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1made by motor carriers of passengers, and shall have the power
2to enter such orders and adopt such regulations as will
3minimize the risk of future crashes accidents.
4(Source: P.A. 84-1246.)
 
5    (625 ILCS 5/18c-7402)  (from Ch. 95 1/2, par. 18c-7402)
6    Sec. 18c-7402. Safety requirements for railroad
7operations.
8    (1) Obstruction of crossings.
9        (a) Obstruction of emergency vehicles. Every railroad
10    shall be operated in such a manner as to minimize
11    obstruction of emergency vehicles at crossings. Where such
12    obstruction occurs and the train crew is aware of the
13    obstruction, the train crew shall immediately take any
14    action, consistent with safe operating procedure,
15    necessary to remove the obstruction. In the Chicago and
16    St. Louis switching districts, every railroad dispatcher
17    or other person responsible for the movement of railroad
18    equipment in a specific area who receives notification
19    that railroad equipment is obstructing the movement of an
20    emergency vehicle at any crossing within such area shall
21    immediately notify the train crew through use of existing
22    communication facilities. Upon notification, the train
23    crew shall take immediate action in accordance with this
24    paragraph.
25        (b) Obstruction of highway at grade crossing

 

 

HB5496- 549 -LRB102 25260 LNS 34533 b

1    prohibited. It is unlawful for a rail carrier to permit
2    any train, railroad car or engine to obstruct public
3    travel at a railroad-highway grade crossing for a period
4    in excess of 10 minutes, except where such train or
5    railroad car is continuously moving or cannot be moved by
6    reason of circumstances over which the rail carrier has no
7    reasonable control.
8        In a county with a population of greater than
9    1,000,000, as determined by the most recent federal
10    census, during the hours of 7:00 a.m. through 9:00 a.m.
11    and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail
12    carrier to permit any single train or railroad car to
13    obstruct public travel at a railroad-highway grade
14    crossing in excess of a total of 10 minutes during a 30
15    minute period, except where the train or railroad car
16    cannot be moved by reason or circumstances over which the
17    rail carrier has no reasonable control. Under no
18    circumstances will a moving train be stopped for the
19    purposes of issuing a citation related to this Section.
20        However, no employee acting under the rules or orders
21    of the rail carrier or its supervisory personnel may be
22    prosecuted for a violation of this subsection (b).
23        (c) Punishment for obstruction of grade crossing. Any
24    rail carrier violating paragraph (b) of this subsection
25    shall be guilty of a petty offense and fined not less than
26    $200 nor more than $500 if the duration of the obstruction

 

 

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1    is in excess of 10 minutes but no longer than 15 minutes.
2    If the duration of the obstruction exceeds 15 minutes the
3    violation shall be a business offense and the following
4    fines shall be imposed: if the duration of the obstruction
5    is in excess of 15 minutes but no longer than 20 minutes,
6    the fine shall be $500; if the duration of the obstruction
7    is in excess of 20 minutes but no longer than 25 minutes,
8    the fine shall be $700; if the duration of the obstruction
9    is in excess of 25 minutes, but no longer than 30 minutes,
10    the fine shall be $900; if the duration of the obstruction
11    is in excess of 30 minutes but no longer than 35 minutes,
12    the fine shall be $1,000; if the duration of the
13    obstruction is in excess of 35 minutes, the fine shall be
14    $1,000 plus an additional $500 for each 5 minutes of
15    obstruction in excess of 25 minutes of obstruction.
16    (2) Other operational requirements.
17        (a) Bell and whistle-crossings. Every rail carrier
18    shall cause a bell, and a whistle or horn to be placed and
19    kept on each locomotive, and shall cause the same to be
20    rung or sounded by the engineer or fireman, at the
21    distance of at least 1,320 feet, from the place where the
22    railroad crosses or intersects any public highway, and
23    shall be kept ringing or sounding until the highway is
24    reached; provided that at crossings where the Commission
25    shall by order direct, only after a hearing has been held
26    to determine the public is reasonably and sufficiently

 

 

HB5496- 551 -LRB102 25260 LNS 34533 b

1    protected, the rail carrier may be excused from giving
2    warning provided by this paragraph.
3        (a-5) The requirements of paragraph (a) of this
4    subsection (2) regarding ringing a bell and sounding a
5    whistle or horn do not apply at a railroad crossing that
6    has a permanently installed automated audible warning
7    device authorized by the Commission under Section
8    18c-7402.1 that sounds automatically when an approaching
9    train is at least 1,320 feet from the crossing and that
10    keeps sounding until the lead locomotive has crossed the
11    highway. The engineer or fireman may ring the bell or
12    sound the whistle or horn at a railroad crossing that has a
13    permanently installed audible warning device.
14        (b) Speed limits. Each rail carrier shall operate its
15    trains in compliance with speed limits set by the
16    Commission. The Commission may set train speed limits only
17    where such limits are necessitated by extraordinary
18    circumstances affecting the public safety, and shall
19    maintain such train speed limits in effect only for such
20    time as the extraordinary circumstances prevail.
21        The Commission and the Department of Transportation
22    shall conduct a study of the relation between train speeds
23    and railroad-highway grade crossing safety. The Commission
24    shall report the findings of the study to the General
25    Assembly no later than January 5, 1997.
26        (c) Special speed limit; pilot project. The Commission

 

 

HB5496- 552 -LRB102 25260 LNS 34533 b

1    and the Board of the Commuter Rail Division of the
2    Regional Transportation Authority shall conduct a pilot
3    project in the Village of Fox River Grove, the site of the
4    fatal school bus crash accident at a railroad crossing on
5    October 25, 1995, in order to improve railroad crossing
6    safety. For this project, the Commission is directed to
7    set the maximum train speed limit for Regional
8    Transportation Authority trains at 50 miles per hour at
9    intersections on that portion of the intrastate rail line
10    located in the Village of Fox River Grove. If the Regional
11    Transportation Authority deliberately fails to comply with
12    this maximum speed limit, then any entity, governmental or
13    otherwise, that provides capital or operational funds to
14    the Regional Transportation Authority shall appropriately
15    reduce or eliminate that funding. The Commission shall
16    report to the Governor and the General Assembly on the
17    results of this pilot project in January 1999, January
18    2000, and January 2001. The Commission shall also submit a
19    final report on the pilot project to the Governor and the
20    General Assembly in January 2001. The provisions of this
21    subsection (c), other than this sentence, are inoperative
22    after February 1, 2001.
23        (d) Freight train crew size. No rail carrier shall
24    operate or cause to operate a train or light engine used in
25    connection with the movement of freight unless it has an
26    operating crew consisting of at least 2 individuals. The

 

 

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1    minimum freight train crew size indicated in this
2    subsection (d) shall remain in effect until a federal law
3    or rule encompassing the subject matter has been adopted.
4    The Commission, with respect to freight train crew member
5    size under this subsection (d), has the power to conduct
6    evidentiary hearings, make findings, and issue and enforce
7    orders, including sanctions under Section 18c-1704 of this
8    Chapter. As used in this subsection (d), "train or light
9    engine" does not include trains operated by a hostler
10    service or utility employees.
11    (3) Report and investigation of rail accidents.
12        (a) Reports. Every rail carrier shall report to the
13    Commission, by the speediest means possible, whether
14    telephone, telegraph, or otherwise, every accident
15    involving its equipment, track, or other property which
16    resulted in loss of life to any person. In addition, such
17    carriers shall file a written report with the Commission.
18    Reports submitted under this paragraph shall be strictly
19    confidential, shall be specifically prohibited from
20    disclosure, and shall not be admissible in any
21    administrative or judicial proceeding relating to the
22    accidents reported.
23        (b) Investigations. The Commission may investigate all
24    railroad accidents reported to it or of which it acquires
25    knowledge independent of reports made by rail carriers,
26    and shall have the power, consistent with standards and

 

 

HB5496- 554 -LRB102 25260 LNS 34533 b

1    procedures established under the Federal Railroad Safety
2    Act, as amended, to enter such temporary orders as will
3    minimize the risk of future accidents pending notice,
4    hearing, and final action by the Commission.
5(Source: P.A. 100-201, eff. 8-18-17; 101-294, eff. 1-1-20.)
 
6    (625 ILCS 5/20-202)  (from Ch. 95 1/2, par. 20-202)
7    Sec. 20-202. Act not retroactive. This Act shall not have
8a retroactive effect and shall not apply to any traffic crash
9accident, to a cause of action arising out of a traffic crash
10accident or judgment arising therefrom, or to any violation of
11the laws of this State, occurring prior to the effective date
12of this Act.
13(Source: P.A. 76-1586.)
 
14    (625 ILCS 5/20-205 new)
15    Sec. 20-205. Use of current documents. A State agency may
16exhaust any copies of a form or document using "accident", in
17relation to automobile accidents, motor vehicle accidents, and
18traffic accidents before printing copies of a new version of
19the form or document that uses "crash" pursuant to the changes
20made by this amendatory Act of the 102nd General Assembly.
 
21    Section 110. The Child Passenger Protection Act is amended
22by changing Section 2 as follows:
 

 

 

HB5496- 555 -LRB102 25260 LNS 34533 b

1    (625 ILCS 25/2)  (from Ch. 95 1/2, par. 1102)
2    Sec. 2. Legislative Finding - Purpose. The General
3Assembly finds that a substantial number of passengers under
4the age of 8 years riding in motor vehicles, which are most
5frequently operated by a parent, annually die or sustain
6serious physical injury as a direct result of not being placed
7in an appropriate child passenger restraint system. Motor
8vehicle crashes are the leading cause of death for children of
9every age from 4 to 14 years old. The General Assembly further
10finds that the safety of the motoring public is seriously
11threatened as indicated by the significant number of traffic
12crashes accidents annually caused, directly or indirectly, by
13driver distraction or other impairment of driving ability
14induced by the movement or actions of unrestrained passengers
15under the age of 8 years.
16    It is the purpose of this Act to further protect the
17health, safety and welfare of motor vehicle passengers under
18the age of 8 years and the motoring public through the proper
19utilization of approved child restraint systems.
20(Source: P.A. 93-100, eff. 1-1-04.)
 
21    Section 115. The Renter's Financial Responsibility and
22Protection Act is amended by changing Section 5 as follows:
 
23    (625 ILCS 27/5)
24    Sec. 5. Legislative findings. The General Assembly finds

 

 

HB5496- 556 -LRB102 25260 LNS 34533 b

1and declares the following:
2    (a) Amendments enacted in 1988 which limit negligent
3drivers' liability for damage to vehicles rented from motor
4vehicle rental companies to $200 have had the unintended,
5anti-consumer effect of unfairly transferring most of the
6costs of liability for renters' negligence to car rental
7companies.
8    (b) This transfer of liability from negligent renters has
9forced Illinois rental companies and dealers to experience
10significant financial losses in the form of actual costs to
11repair, service, and replace vehicles and loss of economic
12opportunity by being deprived of the rental use of damaged or
13destroyed rental cars; as a result, many Illinois vehicle
14rental companies in Illinois have been forced to close because
15of the current amendments, and high risk to capital threatens
16to close existing companies; economic losses have also
17resulted in Illinois renters paying daily and weekly vehicle
18rental rates almost two-fold higher than renters in other
19states, including those states surrounding Illinois.
20    (c) As the vast majority of renters in Illinois are
21non-Illinois residents, the increased damage costs of rental
22car companies and dealers are absorbed and paid by all
23Illinois consumers and business.
24    (d) The current law also threatens the public safety of
25all Illinois citizens as it has contributed to an almost
26three-fold increase in driver crash accident and fatality

 

 

HB5496- 557 -LRB102 25260 LNS 34533 b

1rates in Illinois.
2(Source: P.A. 90-113, eff. 7-14-97.)
 
3    Section 120. The Transportation Network Providers Act is
4amended by changing Section 10 as follows:
 
5    (625 ILCS 57/10)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 10. Insurance.
8    (a) Transportation network companies and participating TNC
9drivers shall comply with the automobile liability insurance
10requirements of this Section as required.
11    (b) The following automobile liability insurance
12requirements shall apply from the moment a participating TNC
13driver logs on to the transportation network company's digital
14network or software application until the TNC driver accepts a
15request to transport a passenger, and from the moment the TNC
16driver completes the transaction on the digital network or
17software application or the ride is complete, whichever is
18later, until the TNC driver either accepts another ride
19request on the digital network or software application or logs
20off the digital network or software application:
21        (1) Automobile liability insurance shall be in the
22    amount of at least $50,000 for death and personal injury
23    per person, $100,000 for death and personal injury per
24    incident, and $25,000 for property damage.

 

 

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1        (2) Contingent automobile liability insurance in the
2    amounts required in paragraph (1) of this subsection (b)
3    shall be maintained by a transportation network company
4    and provide coverage in the event a participating TNC
5    driver's own automobile liability policy excludes coverage
6    according to its policy terms or does not provide at least
7    the limits of coverage required in paragraph (1) of this
8    subsection (b).
9    (c) The following automobile liability insurance
10requirements shall apply from the moment a TNC driver accepts
11a ride request on the transportation network company's digital
12network or software application until the TNC driver completes
13the transaction on the digital network or software application
14or until the ride is complete, whichever is later:
15        (1) Automobile liability insurance shall be primary
16    and in the amount of $1,000,000 for death, personal
17    injury, and property damage. The requirements for the
18    coverage required by this paragraph (1) may be satisfied
19    by any of the following:
20            (A) automobile liability insurance maintained by a
21        participating TNC driver;
22            (B) automobile liability company insurance
23        maintained by a transportation network company; or
24            (C) any combination of subparagraphs (A) and (B).
25        (2) Insurance coverage provided under this subsection
26    (c) shall also provide for uninsured motorist coverage and

 

 

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1    underinsured motorist coverage in the amount of $50,000
2    from the moment a passenger enters the vehicle of a
3    participating TNC driver until the passenger exits the
4    vehicle.
5        (3) The insurer, in the case of insurance coverage
6    provided under this subsection (c), shall have the duty to
7    defend and indemnify the insured.
8        (4) Coverage under an automobile liability insurance
9    policy required under this subsection (c) shall not be
10    dependent on a personal automobile insurance policy first
11    denying a claim nor shall a personal automobile insurance
12    policy be required to first deny a claim.
13    (d) In every instance when automobile liability insurance
14maintained by a participating TNC driver to fulfill the
15insurance obligations of this Section has lapsed or ceased to
16exist, the transportation network company shall provide the
17coverage required by this Section beginning with the first
18dollar of a claim.
19    (e) This Section shall not limit the liability of a
20transportation network company arising out of an automobile
21crash accident involving a participating TNC driver in any
22action for damages against a transportation network company
23for an amount above the required insurance coverage.
24    (f) The transportation network company shall disclose in
25writing to TNC drivers, as part of its agreement with those TNC
26drivers, the following:

 

 

HB5496- 560 -LRB102 25260 LNS 34533 b

1        (1) the insurance coverage and limits of liability
2    that the transportation network company provides while the
3    TNC driver uses a vehicle in connection with a
4    transportation network company's digital network or
5    software application; and
6        (2) that the TNC driver's own insurance policy may not
7    provide coverage while the TNC driver uses a vehicle in
8    connection with a transportation network company digital
9    network depending on its terms.
10    (g) An insurance policy required by this Section may be
11placed with an admitted Illinois insurer, or with an
12authorized surplus line insurer under Section 445 of the
13Illinois Insurance Code; and is not subject to any restriction
14or limitation on the issuance of a policy contained in Section
15445a of the Illinois Insurance Code.
16    (h) Any insurance policy required by this Section shall
17satisfy the financial responsibility requirement for a motor
18vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle
19Code.
20    (i) If a transportation network company's insurer makes a
21payment for a claim covered under comprehensive coverage or
22collision coverage, the transportation network company shall
23cause its insurer to issue the payment directly to the
24business repairing the vehicle, or jointly to the owner of the
25vehicle and the primary lienholder on the covered vehicle.
26(Source: Reenacted by P.A. 101-660, eff. 4-2-21.)
 

 

 

HB5496- 561 -LRB102 25260 LNS 34533 b

1    Section 125. The Criminal Code of 2012 is amended by
2changing Sections 3-5, 12C-60, and 36-1 as follows:
 
3    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
4    Sec. 3-5. General limitations.
5    (a) A prosecution for: (1) first degree murder, attempt to
6commit first degree murder, second degree murder, involuntary
7manslaughter, reckless homicide, a violation of subparagraph
8(F) of paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code for the offense of aggravated driving
10under the influence of alcohol, other drug or drugs, or
11intoxicating compound or compounds, or any combination thereof
12when the violation was a proximate cause of a death, leaving
13the scene of a motor vehicle crash accident involving death or
14personal injuries under Section 11-401 of the Illinois Vehicle
15Code, failing to give information and render aid under Section
1611-403 of the Illinois Vehicle Code, concealment of homicidal
17death, treason, arson, residential arson, aggravated arson,
18forgery, child pornography under paragraph (1) of subsection
19(a) of Section 11-20.1, or aggravated child pornography under
20paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
21any offense involving sexual conduct or sexual penetration, as
22defined by Section 11-0.1 of this Code may be commenced at any
23time.
24    (a-5) A prosecution for theft of property exceeding

 

 

HB5496- 562 -LRB102 25260 LNS 34533 b

1$100,000 in value under Section 16-1, identity theft under
2subsection (a) of Section 16-30, aggravated identity theft
3under subsection (b) of Section 16-30, financial exploitation
4of an elderly person or a person with a disability under
5Section 17-56; theft by deception of a victim 60 years of age
6or older or a person with a disability under Section 16-1; or
7any offense set forth in Article 16H or Section 17-10.6 may be
8commenced within 7 years of the last act committed in
9furtherance of the crime.
10    (b) Unless the statute describing the offense provides
11otherwise, or the period of limitation is extended by Section
123-6, a prosecution for any offense not designated in
13subsection (a) or (a-5) must be commenced within 3 years after
14the commission of the offense if it is a felony, or within one
15year and 6 months after its commission if it is a misdemeanor.
16(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
17    (720 ILCS 5/12C-60)
18    Sec. 12C-60. Curfew.
19    (a) Curfew offenses.
20        (1) A minor commits a curfew offense when he or she
21    remains in any public place or on the premises of any
22    establishment during curfew hours.
23        (2) A parent or guardian of a minor or other person in
24    custody or control of a minor commits a curfew offense
25    when he or she knowingly permits the minor to remain in any

 

 

HB5496- 563 -LRB102 25260 LNS 34533 b

1    public place or on the premises of any establishment
2    during curfew hours.
3    (b) Curfew defenses. It is a defense to prosecution under
4subsection (a) that the minor was:
5        (1) accompanied by the minor's parent or guardian or
6    other person in custody or control of the minor;
7        (2) on an errand at the direction of the minor's
8    parent or guardian, without any detour or stop;
9        (3) in a motor vehicle involved in interstate travel;
10        (4) engaged in an employment activity or going to or
11    returning home from an employment activity, without any
12    detour or stop;
13        (5) involved in an emergency;
14        (6) on the sidewalk abutting the minor's residence or
15    abutting the residence of a next-door neighbor if the
16    neighbor did not complain to the police department about
17    the minor's presence;
18        (7) attending an official school, religious, or other
19    recreational activity supervised by adults and sponsored
20    by a government or governmental agency, a civic
21    organization, or another similar entity that takes
22    responsibility for the minor, or going to or returning
23    home from, without any detour or stop, an official school,
24    religious, or other recreational activity supervised by
25    adults and sponsored by a government or governmental
26    agency, a civic organization, or another similar entity

 

 

HB5496- 564 -LRB102 25260 LNS 34533 b

1    that takes responsibility for the minor;
2        (8) exercising First Amendment rights protected by the
3    United States Constitution, such as the free exercise of
4    religion, freedom of speech, and the right of assembly; or
5        (9) married or had been married or is an emancipated
6    minor under the Emancipation of Minors Act.
7    (c) Enforcement. Before taking any enforcement action
8under this Section, a law enforcement officer shall ask the
9apparent offender's age and reason for being in the public
10place. The officer shall not issue a citation or make an arrest
11under this Section unless the officer reasonably believes that
12an offense has occurred and that, based on any response and
13other circumstances, no defense in subsection (b) is present.
14    (d) Definitions. In this Section:
15        (1) "Curfew hours" means:
16            (A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
17            (B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
18        and
19            (C) Between 11:00 p.m. on Sunday to Thursday,
20        inclusive, and 6:00 a.m. on the following day.
21        (2) "Emergency" means an unforeseen combination of
22    circumstances or the resulting state that calls for
23    immediate action. The term includes, but is not limited
24    to, a fire, a natural disaster, an automobile crash
25    accident, or any situation requiring immediate action to
26    prevent serious bodily injury or loss of life.

 

 

HB5496- 565 -LRB102 25260 LNS 34533 b

1        (3) "Establishment" means any privately-owned place of
2    business operated for a profit to which the public is
3    invited, including, but not limited to, any place of
4    amusement or entertainment.
5        (4) "Guardian" means:
6            (A) a person who, under court order, is the
7        guardian of the person of a minor; or
8            (B) a public or private agency with whom a minor
9        has been placed by a court.
10        (5) "Minor" means any person under 17 years of age.
11        (6) "Parent" means a person who is:
12            (A) a natural parent, adoptive parent, or
13        step-parent of another person; or
14            (B) at least 18 years of age and authorized by a
15        parent or guardian to have the care and custody of a
16        minor.
17        (7) "Public place" means any place to which the public
18    or a substantial group of the public has access and
19    includes, but is not limited to, streets, highways, and
20    the common areas of schools, hospitals, apartment houses,
21    office buildings, transport facilities, and shops.
22        (8) "Remain" means to:
23            (A) linger or stay; or
24            (B) fail to leave premises when requested to do so
25        by a police officer or the owner, operator, or other
26        person in control of the premises.

 

 

HB5496- 566 -LRB102 25260 LNS 34533 b

1        (9) "Serious bodily injury" means bodily injury that
2    creates a substantial risk of death or that causes death,
3    serious permanent disfigurement, or protracted loss or
4    impairment of the function of any bodily member or organ.
5    (e) Sentence. A violation of this Section is a petty
6offense with a fine of not less than $10 nor more than $500,
7except that neither a person who has been made a ward of the
8court under the Juvenile Court Act of 1987, nor that person's
9legal guardian, shall be subject to any fine. In addition to or
10instead of the fine imposed by this Section, the court may
11order a parent, legal guardian, or other person convicted of a
12violation of subsection (a) of this Section to perform
13community service as determined by the court, except that the
14legal guardian of a person who has been made a ward of the
15court under the Juvenile Court Act of 1987 may not be ordered
16to perform community service. The dates and times established
17for the performance of community service by the parent, legal
18guardian, or other person convicted of a violation of
19subsection (a) of this Section shall not conflict with the
20dates and times that the person is employed in his or her
21regular occupation.
22    (f) County, municipal and other local boards and bodies
23authorized to adopt local police laws and regulations under
24the constitution and laws of this State may exercise
25legislative or regulatory authority over this subject matter
26by ordinance or resolution incorporating the substance of this

 

 

HB5496- 567 -LRB102 25260 LNS 34533 b

1Section or increasing the requirements thereof or otherwise
2not in conflict with this Section.
3(Source: P.A. 97-1109, eff. 1-1-13.)
 
4    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
5    Sec. 36-1. Property subject to forfeiture.
6    (a) Any vessel or watercraft, vehicle, or aircraft is
7subject to forfeiture under this Article if the vessel or
8watercraft, vehicle, or aircraft is used with the knowledge
9and consent of the owner in the commission of or in the attempt
10to commit as defined in Section 8-4 of this Code:
11        (1) an offense prohibited by Section 9-1 (first degree
12    murder), Section 9-3 (involuntary manslaughter and
13    reckless homicide), Section 10-2 (aggravated kidnaping),
14    Section 11-1.20 (criminal sexual assault), Section 11-1.30
15    (aggravated criminal sexual assault), Section 11-1.40
16    (predatory criminal sexual assault of a child), subsection
17    (a) of Section 11-1.50 (criminal sexual abuse), subsection
18    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
19    sexual abuse), Section 11-6 (indecent solicitation of a
20    child), Section 11-14.4 (promoting juvenile prostitution
21    except for keeping a place of juvenile prostitution),
22    Section 11-20.1 (child pornography), paragraph (a)(1),
23    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
24    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
25    (aggravated battery), Section 12-7.3 (stalking), Section

 

 

HB5496- 568 -LRB102 25260 LNS 34533 b

1    12-7.4 (aggravated stalking), Section 16-1 (theft if the
2    theft is of precious metal or of scrap metal), subdivision
3    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
4    18-2 (armed robbery), Section 19-1 (burglary), Section
5    19-2 (possession of burglary tools), Section 19-3
6    (residential burglary), Section 20-1 (arson; residential
7    arson; place of worship arson), Section 20-2 (possession
8    of explosives or explosive or incendiary devices),
9    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
10    of weapons), Section 24-1.2 (aggravated discharge of a
11    firearm), Section 24-1.2-5 (aggravated discharge of a
12    machine gun or a firearm equipped with a device designed
13    or used for silencing the report of a firearm), Section
14    24-1.5 (reckless discharge of a firearm), Section 28-1
15    (gambling), or Section 29D-15.2 (possession of a deadly
16    substance) of this Code;
17        (2) an offense prohibited by Section 21, 22, 23, 24 or
18    26 of the Cigarette Tax Act if the vessel or watercraft,
19    vehicle, or aircraft contains more than 10 cartons of such
20    cigarettes;
21        (3) an offense prohibited by Section 28, 29, or 30 of
22    the Cigarette Use Tax Act if the vessel or watercraft,
23    vehicle, or aircraft contains more than 10 cartons of such
24    cigarettes;
25        (4) an offense prohibited by Section 44 of the
26    Environmental Protection Act;

 

 

HB5496- 569 -LRB102 25260 LNS 34533 b

1        (5) an offense prohibited by Section 11-204.1 of the
2    Illinois Vehicle Code (aggravated fleeing or attempting to
3    elude a peace officer);
4        (6) an offense prohibited by Section 11-501 of the
5    Illinois Vehicle Code (driving while under the influence
6    of alcohol or other drug or drugs, intoxicating compound
7    or compounds or any combination thereof) or a similar
8    provision of a local ordinance, and:
9            (A) during a period in which his or her driving
10        privileges are revoked or suspended if the revocation
11        or suspension was for:
12                (i) Section 11-501 (driving under the
13            influence of alcohol or other drug or drugs,
14            intoxicating compound or compounds or any
15            combination thereof),
16                (ii) Section 11-501.1 (statutory summary
17            suspension or revocation),
18                (iii) paragraph (b) of Section 11-401 (motor
19            vehicle crashes accidents involving death or
20            personal injuries), or
21                (iv) reckless homicide as defined in Section
22            9-3 of this Code;
23            (B) has been previously convicted of reckless
24        homicide or a similar provision of a law of another
25        state relating to reckless homicide in which the
26        person was determined to have been under the influence

 

 

HB5496- 570 -LRB102 25260 LNS 34533 b

1        of alcohol, other drug or drugs, or intoxicating
2        compound or compounds as an element of the offense or
3        the person has previously been convicted of committing
4        a violation of driving under the influence of alcohol
5        or other drug or drugs, intoxicating compound or
6        compounds or any combination thereof and was involved
7        in a motor vehicle crash accident that resulted in
8        death, great bodily harm, or permanent disability or
9        disfigurement to another, when the violation was a
10        proximate cause of the death or injuries;
11            (C) the person committed a violation of driving
12        under the influence of alcohol or other drug or drugs,
13        intoxicating compound or compounds or any combination
14        thereof under Section 11-501 of the Illinois Vehicle
15        Code or a similar provision for the third or
16        subsequent time;
17            (D) he or she did not possess a valid driver's
18        license or permit or a valid restricted driving permit
19        or a valid judicial driving permit or a valid
20        monitoring device driving permit; or
21            (E) he or she knew or should have known that the
22        vehicle he or she was driving was not covered by a
23        liability insurance policy;
24        (7) an offense described in subsection (g) of Section
25    6-303 of the Illinois Vehicle Code;
26        (8) an offense described in subsection (e) of Section

 

 

HB5496- 571 -LRB102 25260 LNS 34533 b

1    6-101 of the Illinois Vehicle Code; or
2        (9)(A) operating a watercraft under the influence of
3    alcohol, other drug or drugs, intoxicating compound or
4    compounds, or combination thereof under Section 5-16 of
5    the Boat Registration and Safety Act during a period in
6    which his or her privileges to operate a watercraft are
7    revoked or suspended and the revocation or suspension was
8    for operating a watercraft under the influence of alcohol,
9    other drug or drugs, intoxicating compound or compounds,
10    or combination thereof; (B) operating a watercraft under
11    the influence of alcohol, other drug or drugs,
12    intoxicating compound or compounds, or combination thereof
13    and has been previously convicted of reckless homicide or
14    a similar provision of a law in another state relating to
15    reckless homicide in which the person was determined to
16    have been under the influence of alcohol, other drug or
17    drugs, intoxicating compound or compounds, or combination
18    thereof as an element of the offense or the person has
19    previously been convicted of committing a violation of
20    operating a watercraft under the influence of alcohol,
21    other drug or drugs, intoxicating compound or compounds,
22    or combination thereof and was involved in an accident
23    that resulted in death, great bodily harm, or permanent
24    disability or disfigurement to another, when the violation
25    was a proximate cause of the death or injuries; or (C) the
26    person committed a violation of operating a watercraft

 

 

HB5496- 572 -LRB102 25260 LNS 34533 b

1    under the influence of alcohol, other drug or drugs,
2    intoxicating compound or compounds, or combination thereof
3    under Section 5-16 of the Boat Registration and Safety Act
4    or a similar provision for the third or subsequent time.
5    (b) In addition, any mobile or portable equipment used in
6the commission of an act which is in violation of Section 7g of
7the Metropolitan Water Reclamation District Act shall be
8subject to seizure and forfeiture under the same procedures
9provided in this Article for the seizure and forfeiture of
10vessels or watercraft, vehicles, and aircraft, and any such
11equipment shall be deemed a vessel or watercraft, vehicle, or
12aircraft for purposes of this Article.
13    (c) In addition, when a person discharges a firearm at
14another individual from a vehicle with the knowledge and
15consent of the owner of the vehicle and with the intent to
16cause death or great bodily harm to that individual and as a
17result causes death or great bodily harm to that individual,
18the vehicle shall be subject to seizure and forfeiture under
19the same procedures provided in this Article for the seizure
20and forfeiture of vehicles used in violations of clauses (1),
21(2), (3), or (4) of subsection (a) of this Section.
22    (d) If the spouse of the owner of a vehicle seized for an
23offense described in subsection (g) of Section 6-303 of the
24Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
25(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
2611-501 of the Illinois Vehicle Code, or Section 9-3 of this

 

 

HB5496- 573 -LRB102 25260 LNS 34533 b

1Code makes a showing that the seized vehicle is the only source
2of transportation and it is determined that the financial
3hardship to the family as a result of the seizure outweighs the
4benefit to the State from the seizure, the vehicle may be
5forfeited to the spouse or family member and the title to the
6vehicle shall be transferred to the spouse or family member
7who is properly licensed and who requires the use of the
8vehicle for employment or family transportation purposes. A
9written declaration of forfeiture of a vehicle under this
10Section shall be sufficient cause for the title to be
11transferred to the spouse or family member. The provisions of
12this paragraph shall apply only to one forfeiture per vehicle.
13If the vehicle is the subject of a subsequent forfeiture
14proceeding by virtue of a subsequent conviction of either
15spouse or the family member, the spouse or family member to
16whom the vehicle was forfeited under the first forfeiture
17proceeding may not utilize the provisions of this paragraph in
18another forfeiture proceeding. If the owner of the vehicle
19seized owns more than one vehicle, the procedure set out in
20this paragraph may be used for only one vehicle.
21    (e) In addition, property subject to forfeiture under
22Section 40 of the Illinois Streetgang Terrorism Omnibus
23Prevention Act may be seized and forfeited under this Article.
24(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
25    Section 130. The Code of Criminal Procedure of 1963 is

 

 

HB5496- 574 -LRB102 25260 LNS 34533 b

1amended by changing Section 102-7.1 as follows:
 
2    (725 ILCS 5/102-7.1)
3    Sec. 102-7.1. "Category A offense". "Category A offense"
4means a Class 1 felony, Class 2 felony, Class X felony, first
5degree murder, a violation of Section 11-204 of the Illinois
6Vehicle Code, a second or subsequent violation of Section
711-501 of the Illinois Vehicle Code, a violation of subsection
8(d) of Section 11-501 of the Illinois Vehicle Code, a
9violation of Section 11-401 of the Illinois Vehicle Code if
10the crash accident results in injury and the person failed to
11report the crash accident within 30 minutes, a violation of
12Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1,
1311-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a,
1412-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1,
1524-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of
162012, a second or subsequent violation of 12-3.2 or 12-3.4 of
17the Criminal Code of 2012, a violation of paragraph (5) or (6)
18of subsection (b) of Section 10-9 of the Criminal Code of 2012,
19a violation of subsection (b) or (c) or paragraph (1) or (2) of
20subsection (a) of Section 11-1.50 of the Criminal Code of
212012, a violation of Section 12-7 of the Criminal Code of 2012
22if the defendant inflicts bodily harm on the victim to obtain a
23confession, statement, or information, a violation of Section
2412-7.5 of the Criminal Code of 2012 if the action results in
25bodily harm, a violation of paragraph (3) of subsection (b) of

 

 

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1Section 17-2 of the Criminal Code of 2012, a violation of
2subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
32012, a violation of paragraph (6) of subsection (a) of
4Section 24-1 of the Criminal Code of 2012, a first violation of
5Section 24-1.6 of the Criminal Code of 2012 by a person 18
6years of age or older where the factors listed in both items
7(A) and (C) or both items (A-5) and (C) of paragraph (3) of
8subsection (a) of Section 24-1.6 of the Criminal Code of 2012
9are present, a Class 3 felony violation of paragraph (1) of
10subsection (a) of Section 2 of the Firearm Owners
11Identification Card Act, or a violation of Section 10 of the
12Sex Offender Registration Act.
13(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
14    Section 135. The Rights of Crime Victims and Witnesses Act
15is amended by changing Section 3 as follows:
 
16    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
17    Sec. 3. The terms used in this Act shall have the following
18meanings:
19    (a) "Crime victim" or "victim" means: (1) any natural
20person determined by the prosecutor or the court to have
21suffered direct physical or psychological harm as a result of
22a violent crime perpetrated or attempted against that person
23or direct physical or psychological harm as a result of (i) a
24violation of Section 11-501 of the Illinois Vehicle Code or

 

 

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1similar provision of a local ordinance or (ii) a violation of
2Section 9-3 of the Criminal Code of 1961 or the Criminal Code
3of 2012; (2) in the case of a crime victim who is under 18
4years of age or an adult victim who is incompetent or
5incapacitated, both parents, legal guardians, foster parents,
6or a single adult representative; (3) in the case of an adult
7deceased victim, 2 representatives who may be the spouse,
8parent, child or sibling of the victim, or the representative
9of the victim's estate; and (4) an immediate family member of a
10victim under clause (1) of this paragraph (a) chosen by the
11victim. If the victim is 18 years of age or over, the victim
12may choose any person to be the victim's representative. In no
13event shall the defendant or any person who aided and abetted
14in the commission of the crime be considered a victim, a crime
15victim, or a representative of the victim.
16    A board, agency, or other governmental entity making
17decisions regarding an offender's release, sentence reduction,
18or clemency can determine additional persons are victims for
19the purpose of its proceedings.
20    (a-3) "Advocate" means a person whose communications with
21the victim are privileged under Section 8-802.1 or 8-802.2 of
22the Code of Civil Procedure, or Section 227 of the Illinois
23Domestic Violence Act of 1986.
24    (a-5) "Confer" means to consult together, share
25information, compare opinions and carry on a discussion or
26deliberation.

 

 

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1    (a-7) "Sentence" includes, but is not limited to, the
2imposition of sentence, a request for a reduction in sentence,
3parole, mandatory supervised release, aftercare release, early
4release, inpatient treatment, outpatient treatment,
5conditional release after a finding that the defendant is not
6guilty by reason of insanity, clemency, or a proposal that
7would reduce the defendant's sentence or result in the
8defendant's release. "Early release" refers to a discretionary
9release.
10    (a-9) "Sentencing" includes, but is not limited to, the
11imposition of sentence and a request for a reduction in
12sentence, parole, mandatory supervised release, aftercare
13release, early release, consideration of inpatient treatment
14or outpatient treatment, or conditional release after a
15finding that the defendant is not guilty by reason of
16insanity.
17    (a-10) "Status hearing" means a hearing designed to
18provide information to the court, at which no motion of a
19substantive nature and no constitutional or statutory right of
20a crime victim is implicated or at issue.
21    (b) "Witness" means: any person who personally observed
22the commission of a crime and who will testify on behalf of the
23State of Illinois; or a person who will be called by the
24prosecution to give testimony establishing a necessary nexus
25between the offender and the violent crime.
26    (c) "Violent crime" means: (1) any felony in which force

 

 

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1or threat of force was used against the victim; (2) any offense
2involving sexual exploitation, sexual conduct, or sexual
3penetration; (3) a violation of Section 11-20.1, 11-20.1B,
411-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
5Criminal Code of 2012; (4) domestic battery or stalking; (5)
6violation of an order of protection, a civil no contact order,
7or a stalking no contact order; (6) any misdemeanor which
8results in death or great bodily harm to the victim; or (7) any
9violation of Section 9-3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, or Section 11-501 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, if
12the violation resulted in personal injury or death. "Violent
13crime" includes any action committed by a juvenile that would
14be a violent crime if committed by an adult. For the purposes
15of this paragraph, "personal injury" shall include any Type A
16injury as indicated on the traffic crash accident report
17completed by a law enforcement officer that requires immediate
18professional attention in either a doctor's office or medical
19facility. A type A injury shall include severely bleeding
20wounds, distorted extremities, and injuries that require the
21injured party to be carried from the scene.
22    (d) (Blank).
23    (e) "Court proceedings" includes, but is not limited to,
24the preliminary hearing, any post-arraignment hearing the
25effect of which may be the release of the defendant from
26custody or to alter the conditions of bond, change of plea

 

 

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1hearing, the trial, any pretrial or post-trial hearing,
2sentencing, any oral argument or hearing before an Illinois
3appellate court, any hearing under the Mental Health and
4Developmental Disabilities Code or Section 5-2-4 of the
5Unified Code of Corrections after a finding that the defendant
6is not guilty by reason of insanity, including a hearing for
7conditional release, any hearing related to a modification of
8sentence, probation revocation hearing, aftercare release or
9parole hearings, post-conviction relief proceedings, habeas
10corpus proceedings and clemency proceedings related to the
11defendant's conviction or sentence. For purposes of the
12victim's right to be present, "court proceedings" does not
13include (1) hearings under Section 109-1 of the Code of
14Criminal Procedure of 1963, (2) grand jury proceedings, (3)
15status hearings, or (4) the issuance of an order or decision of
16an Illinois court that dismisses a charge, reverses a
17conviction, reduces a sentence, or releases an offender under
18a court rule.
19    (f) "Concerned citizen" includes relatives of the victim,
20friends of the victim, witnesses to the crime, or any other
21person associated with the victim or prisoner.
22    (g) "Victim's attorney" means an attorney retained by the
23victim for the purposes of asserting the victim's
24constitutional and statutory rights. An attorney retained by
25the victim means an attorney who is hired to represent the
26victim at the victim's expense or an attorney who has agreed to

 

 

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1provide pro bono representation. Nothing in this statute
2creates a right to counsel at public expense for a victim.
3    (h) "Support person" means a person chosen by a victim to
4be present at court proceedings.
5(Source: P.A. 99-143, eff. 7-27-15; 99-413, eff. 8-20-15;
699-642, eff. 7-28-16; 99-671, eff. 1-1-17; 100-961, eff.
71-1-19.)
 
8    Section 140. The Unified Code of Corrections is amended by
9changing Sections 5-5-3.2 and 5-8-4 as follows:
 
10    (730 ILCS 5/5-5-3.2)
11    (Text of Section before amendment by P.A. 101-652)
12    Sec. 5-5-3.2. Factors in aggravation and extended-term
13sentencing.
14    (a) The following factors shall be accorded weight in
15favor of imposing a term of imprisonment or may be considered
16by the court as reasons to impose a more severe sentence under
17Section 5-8-1 or Article 4.5 of Chapter V:
18        (1) the defendant's conduct caused or threatened
19    serious harm;
20        (2) the defendant received compensation for committing
21    the offense;
22        (3) the defendant has a history of prior delinquency
23    or criminal activity;
24        (4) the defendant, by the duties of his office or by

 

 

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1    his position, was obliged to prevent the particular
2    offense committed or to bring the offenders committing it
3    to justice;
4        (5) the defendant held public office at the time of
5    the offense, and the offense related to the conduct of
6    that office;
7        (6) the defendant utilized his professional reputation
8    or position in the community to commit the offense, or to
9    afford him an easier means of committing it;
10        (7) the sentence is necessary to deter others from
11    committing the same crime;
12        (8) the defendant committed the offense against a
13    person 60 years of age or older or such person's property;
14        (9) the defendant committed the offense against a
15    person who has a physical disability or such person's
16    property;
17        (10) by reason of another individual's actual or
18    perceived race, color, creed, religion, ancestry, gender,
19    sexual orientation, physical or mental disability, or
20    national origin, the defendant committed the offense
21    against (i) the person or property of that individual;
22    (ii) the person or property of a person who has an
23    association with, is married to, or has a friendship with
24    the other individual; or (iii) the person or property of a
25    relative (by blood or marriage) of a person described in
26    clause (i) or (ii). For the purposes of this Section,

 

 

HB5496- 582 -LRB102 25260 LNS 34533 b

1    "sexual orientation" has the meaning ascribed to it in
2    paragraph (O-1) of Section 1-103 of the Illinois Human
3    Rights Act;
4        (11) the offense took place in a place of worship or on
5    the grounds of a place of worship, immediately prior to,
6    during or immediately following worship services. For
7    purposes of this subparagraph, "place of worship" shall
8    mean any church, synagogue or other building, structure or
9    place used primarily for religious worship;
10        (12) the defendant was convicted of a felony committed
11    while he was released on bail or his own recognizance
12    pending trial for a prior felony and was convicted of such
13    prior felony, or the defendant was convicted of a felony
14    committed while he was serving a period of probation,
15    conditional discharge, or mandatory supervised release
16    under subsection (d) of Section 5-8-1 for a prior felony;
17        (13) the defendant committed or attempted to commit a
18    felony while he was wearing a bulletproof vest. For the
19    purposes of this paragraph (13), a bulletproof vest is any
20    device which is designed for the purpose of protecting the
21    wearer from bullets, shot or other lethal projectiles;
22        (14) the defendant held a position of trust or
23    supervision such as, but not limited to, family member as
24    defined in Section 11-0.1 of the Criminal Code of 2012,
25    teacher, scout leader, baby sitter, or day care worker, in
26    relation to a victim under 18 years of age, and the

 

 

HB5496- 583 -LRB102 25260 LNS 34533 b

1    defendant committed an offense in violation of Section
2    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3    11-14.4 except for an offense that involves keeping a
4    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6    or 12-16 of the Criminal Code of 1961 or the Criminal Code
7    of 2012 against that victim;
8        (15) the defendant committed an offense related to the
9    activities of an organized gang. For the purposes of this
10    factor, "organized gang" has the meaning ascribed to it in
11    Section 10 of the Streetgang Terrorism Omnibus Prevention
12    Act;
13        (16) the defendant committed an offense in violation
14    of one of the following Sections while in a school,
15    regardless of the time of day or time of year; on any
16    conveyance owned, leased, or contracted by a school to
17    transport students to or from school or a school related
18    activity; on the real property of a school; or on a public
19    way within 1,000 feet of the real property comprising any
20    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25    for subdivision (a)(4) or (g)(1), of the Criminal Code of
26    1961 or the Criminal Code of 2012;

 

 

HB5496- 584 -LRB102 25260 LNS 34533 b

1        (16.5) the defendant committed an offense in violation
2    of one of the following Sections while in a day care
3    center, regardless of the time of day or time of year; on
4    the real property of a day care center, regardless of the
5    time of day or time of year; or on a public way within
6    1,000 feet of the real property comprising any day care
7    center, regardless of the time of day or time of year:
8    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12    18-2, or 33A-2, or Section 12-3.05 except for subdivision
13    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14    Criminal Code of 2012;
15        (17) the defendant committed the offense by reason of
16    any person's activity as a community policing volunteer or
17    to prevent any person from engaging in activity as a
18    community policing volunteer. For the purpose of this
19    Section, "community policing volunteer" has the meaning
20    ascribed to it in Section 2-3.5 of the Criminal Code of
21    2012;
22        (18) the defendant committed the offense in a nursing
23    home or on the real property comprising a nursing home.
24    For the purposes of this paragraph (18), "nursing home"
25    means a skilled nursing or intermediate long term care
26    facility that is subject to license by the Illinois

 

 

HB5496- 585 -LRB102 25260 LNS 34533 b

1    Department of Public Health under the Nursing Home Care
2    Act, the Specialized Mental Health Rehabilitation Act of
3    2013, the ID/DD Community Care Act, or the MC/DD Act;
4        (19) the defendant was a federally licensed firearm
5    dealer and was previously convicted of a violation of
6    subsection (a) of Section 3 of the Firearm Owners
7    Identification Card Act and has now committed either a
8    felony violation of the Firearm Owners Identification Card
9    Act or an act of armed violence while armed with a firearm;
10        (20) the defendant (i) committed the offense of
11    reckless homicide under Section 9-3 of the Criminal Code
12    of 1961 or the Criminal Code of 2012 or the offense of
13    driving under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds or any
15    combination thereof under Section 11-501 of the Illinois
16    Vehicle Code or a similar provision of a local ordinance
17    and (ii) was operating a motor vehicle in excess of 20
18    miles per hour over the posted speed limit as provided in
19    Article VI of Chapter 11 of the Illinois Vehicle Code;
20        (21) the defendant (i) committed the offense of
21    reckless driving or aggravated reckless driving under
22    Section 11-503 of the Illinois Vehicle Code and (ii) was
23    operating a motor vehicle in excess of 20 miles per hour
24    over the posted speed limit as provided in Article VI of
25    Chapter 11 of the Illinois Vehicle Code;
26        (22) the defendant committed the offense against a

 

 

HB5496- 586 -LRB102 25260 LNS 34533 b

1    person that the defendant knew, or reasonably should have
2    known, was a member of the Armed Forces of the United
3    States serving on active duty. For purposes of this clause
4    (22), the term "Armed Forces" means any of the Armed
5    Forces of the United States, including a member of any
6    reserve component thereof or National Guard unit called to
7    active duty;
8        (23) the defendant committed the offense against a
9    person who was elderly or infirm or who was a person with a
10    disability by taking advantage of a family or fiduciary
11    relationship with the elderly or infirm person or person
12    with a disability;
13        (24) the defendant committed any offense under Section
14    11-20.1 of the Criminal Code of 1961 or the Criminal Code
15    of 2012 and possessed 100 or more images;
16        (25) the defendant committed the offense while the
17    defendant or the victim was in a train, bus, or other
18    vehicle used for public transportation;
19        (26) the defendant committed the offense of child
20    pornography or aggravated child pornography, specifically
21    including paragraph (1), (2), (3), (4), (5), or (7) of
22    subsection (a) of Section 11-20.1 of the Criminal Code of
23    1961 or the Criminal Code of 2012 where a child engaged in,
24    solicited for, depicted in, or posed in any act of sexual
25    penetration or bound, fettered, or subject to sadistic,
26    masochistic, or sadomasochistic abuse in a sexual context

 

 

HB5496- 587 -LRB102 25260 LNS 34533 b

1    and specifically including paragraph (1), (2), (3), (4),
2    (5), or (7) of subsection (a) of Section 11-20.1B or
3    Section 11-20.3 of the Criminal Code of 1961 where a child
4    engaged in, solicited for, depicted in, or posed in any
5    act of sexual penetration or bound, fettered, or subject
6    to sadistic, masochistic, or sadomasochistic abuse in a
7    sexual context;
8        (27) the defendant committed the offense of first
9    degree murder, assault, aggravated assault, battery,
10    aggravated battery, robbery, armed robbery, or aggravated
11    robbery against a person who was a veteran and the
12    defendant knew, or reasonably should have known, that the
13    person was a veteran performing duties as a representative
14    of a veterans' organization. For the purposes of this
15    paragraph (27), "veteran" means an Illinois resident who
16    has served as a member of the United States Armed Forces, a
17    member of the Illinois National Guard, or a member of the
18    United States Reserve Forces; and "veterans' organization"
19    means an organization comprised of members of which
20    substantially all are individuals who are veterans or
21    spouses, widows, or widowers of veterans, the primary
22    purpose of which is to promote the welfare of its members
23    and to provide assistance to the general public in such a
24    way as to confer a public benefit;
25        (28) the defendant committed the offense of assault,
26    aggravated assault, battery, aggravated battery, robbery,

 

 

HB5496- 588 -LRB102 25260 LNS 34533 b

1    armed robbery, or aggravated robbery against a person that
2    the defendant knew or reasonably should have known was a
3    letter carrier or postal worker while that person was
4    performing his or her duties delivering mail for the
5    United States Postal Service;
6        (29) the defendant committed the offense of criminal
7    sexual assault, aggravated criminal sexual assault,
8    criminal sexual abuse, or aggravated criminal sexual abuse
9    against a victim with an intellectual disability, and the
10    defendant holds a position of trust, authority, or
11    supervision in relation to the victim;
12        (30) the defendant committed the offense of promoting
13    juvenile prostitution, patronizing a prostitute, or
14    patronizing a minor engaged in prostitution and at the
15    time of the commission of the offense knew that the
16    prostitute or minor engaged in prostitution was in the
17    custody or guardianship of the Department of Children and
18    Family Services;
19        (31) the defendant (i) committed the offense of
20    driving while under the influence of alcohol, other drug
21    or drugs, intoxicating compound or compounds or any
22    combination thereof in violation of Section 11-501 of the
23    Illinois Vehicle Code or a similar provision of a local
24    ordinance and (ii) the defendant during the commission of
25    the offense was driving his or her vehicle upon a roadway
26    designated for one-way traffic in the opposite direction

 

 

HB5496- 589 -LRB102 25260 LNS 34533 b

1    of the direction indicated by official traffic control
2    devices;
3        (32) the defendant committed the offense of reckless
4    homicide while committing a violation of Section 11-907 of
5    the Illinois Vehicle Code;
6        (33) the defendant was found guilty of an
7    administrative infraction related to an act or acts of
8    public indecency or sexual misconduct in the penal
9    institution. In this paragraph (33), "penal institution"
10    has the same meaning as in Section 2-14 of the Criminal
11    Code of 2012; or
12        (34) the defendant committed the offense of leaving
13    the scene of a crash an accident in violation of
14    subsection (b) of Section 11-401 of the Illinois Vehicle
15    Code and the crash accident resulted in the death of a
16    person and at the time of the offense, the defendant was:
17    (i) driving under the influence of alcohol, other drug or
18    drugs, intoxicating compound or compounds or any
19    combination thereof as defined by Section 11-501 of the
20    Illinois Vehicle Code; or (ii) operating the motor vehicle
21    while using an electronic communication device as defined
22    in Section 12-610.2 of the Illinois Vehicle Code.
23    For the purposes of this Section:
24    "School" is defined as a public or private elementary or
25secondary school, community college, college, or university.
26    "Day care center" means a public or private State

 

 

HB5496- 590 -LRB102 25260 LNS 34533 b

1certified and licensed day care center as defined in Section
22.09 of the Child Care Act of 1969 that displays a sign in
3plain view stating that the property is a day care center.
4    "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7    "Public transportation" means the transportation or
8conveyance of persons by means available to the general
9public, and includes paratransit services.
10    "Traffic control devices" means all signs, signals,
11markings, and devices that conform to the Illinois Manual on
12Uniform Traffic Control Devices, placed or erected by
13authority of a public body or official having jurisdiction,
14for the purpose of regulating, warning, or guiding traffic.
15    (b) The following factors, related to all felonies, may be
16considered by the court as reasons to impose an extended term
17sentence under Section 5-8-2 upon any offender:
18        (1) When a defendant is convicted of any felony, after
19    having been previously convicted in Illinois or any other
20    jurisdiction of the same or similar class felony or
21    greater class felony, when such conviction has occurred
22    within 10 years after the previous conviction, excluding
23    time spent in custody, and such charges are separately
24    brought and tried and arise out of different series of
25    acts; or
26        (2) When a defendant is convicted of any felony and

 

 

HB5496- 591 -LRB102 25260 LNS 34533 b

1    the court finds that the offense was accompanied by
2    exceptionally brutal or heinous behavior indicative of
3    wanton cruelty; or
4        (3) When a defendant is convicted of any felony
5    committed against:
6            (i) a person under 12 years of age at the time of
7        the offense or such person's property;
8            (ii) a person 60 years of age or older at the time
9        of the offense or such person's property; or
10            (iii) a person who had a physical disability at
11        the time of the offense or such person's property; or
12        (4) When a defendant is convicted of any felony and
13    the offense involved any of the following types of
14    specific misconduct committed as part of a ceremony, rite,
15    initiation, observance, performance, practice or activity
16    of any actual or ostensible religious, fraternal, or
17    social group:
18            (i) the brutalizing or torturing of humans or
19        animals;
20            (ii) the theft of human corpses;
21            (iii) the kidnapping of humans;
22            (iv) the desecration of any cemetery, religious,
23        fraternal, business, governmental, educational, or
24        other building or property; or
25            (v) ritualized abuse of a child; or
26        (5) When a defendant is convicted of a felony other

 

 

HB5496- 592 -LRB102 25260 LNS 34533 b

1    than conspiracy and the court finds that the felony was
2    committed under an agreement with 2 or more other persons
3    to commit that offense and the defendant, with respect to
4    the other individuals, occupied a position of organizer,
5    supervisor, financier, or any other position of management
6    or leadership, and the court further finds that the felony
7    committed was related to or in furtherance of the criminal
8    activities of an organized gang or was motivated by the
9    defendant's leadership in an organized gang; or
10        (6) When a defendant is convicted of an offense
11    committed while using a firearm with a laser sight
12    attached to it. For purposes of this paragraph, "laser
13    sight" has the meaning ascribed to it in Section 26-7 of
14    the Criminal Code of 2012; or
15        (7) When a defendant who was at least 17 years of age
16    at the time of the commission of the offense is convicted
17    of a felony and has been previously adjudicated a
18    delinquent minor under the Juvenile Court Act of 1987 for
19    an act that if committed by an adult would be a Class X or
20    Class 1 felony when the conviction has occurred within 10
21    years after the previous adjudication, excluding time
22    spent in custody; or
23        (8) When a defendant commits any felony and the
24    defendant used, possessed, exercised control over, or
25    otherwise directed an animal to assault a law enforcement
26    officer engaged in the execution of his or her official

 

 

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1    duties or in furtherance of the criminal activities of an
2    organized gang in which the defendant is engaged; or
3        (9) When a defendant commits any felony and the
4    defendant knowingly video or audio records the offense
5    with the intent to disseminate the recording.
6    (c) The following factors may be considered by the court
7as reasons to impose an extended term sentence under Section
85-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
9offenses:
10        (1) When a defendant is convicted of first degree
11    murder, after having been previously convicted in Illinois
12    of any offense listed under paragraph (c)(2) of Section
13    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
14    occurred within 10 years after the previous conviction,
15    excluding time spent in custody, and the charges are
16    separately brought and tried and arise out of different
17    series of acts.
18        (1.5) When a defendant is convicted of first degree
19    murder, after having been previously convicted of domestic
20    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
21    (720 ILCS 5/12-3.3) committed on the same victim or after
22    having been previously convicted of violation of an order
23    of protection (720 ILCS 5/12-30) in which the same victim
24    was the protected person.
25        (2) When a defendant is convicted of voluntary
26    manslaughter, second degree murder, involuntary

 

 

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1    manslaughter, or reckless homicide in which the defendant
2    has been convicted of causing the death of more than one
3    individual.
4        (3) When a defendant is convicted of aggravated
5    criminal sexual assault or criminal sexual assault, when
6    there is a finding that aggravated criminal sexual assault
7    or criminal sexual assault was also committed on the same
8    victim by one or more other individuals, and the defendant
9    voluntarily participated in the crime with the knowledge
10    of the participation of the others in the crime, and the
11    commission of the crime was part of a single course of
12    conduct during which there was no substantial change in
13    the nature of the criminal objective.
14        (4) If the victim was under 18 years of age at the time
15    of the commission of the offense, when a defendant is
16    convicted of aggravated criminal sexual assault or
17    predatory criminal sexual assault of a child under
18    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
19    of Section 12-14.1 of the Criminal Code of 1961 or the
20    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
21        (5) When a defendant is convicted of a felony
22    violation of Section 24-1 of the Criminal Code of 1961 or
23    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
24    finding that the defendant is a member of an organized
25    gang.
26        (6) When a defendant was convicted of unlawful use of

 

 

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1    weapons under Section 24-1 of the Criminal Code of 1961 or
2    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
3    a weapon that is not readily distinguishable as one of the
4    weapons enumerated in Section 24-1 of the Criminal Code of
5    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
6        (7) When a defendant is convicted of an offense
7    involving the illegal manufacture of a controlled
8    substance under Section 401 of the Illinois Controlled
9    Substances Act (720 ILCS 570/401), the illegal manufacture
10    of methamphetamine under Section 25 of the Methamphetamine
11    Control and Community Protection Act (720 ILCS 646/25), or
12    the illegal possession of explosives and an emergency
13    response officer in the performance of his or her duties
14    is killed or injured at the scene of the offense while
15    responding to the emergency caused by the commission of
16    the offense. In this paragraph, "emergency" means a
17    situation in which a person's life, health, or safety is
18    in jeopardy; and "emergency response officer" means a
19    peace officer, community policing volunteer, fireman,
20    emergency medical technician-ambulance, emergency medical
21    technician-intermediate, emergency medical
22    technician-paramedic, ambulance driver, other medical
23    assistance or first aid personnel, or hospital emergency
24    room personnel.
25        (8) When the defendant is convicted of attempted mob
26    action, solicitation to commit mob action, or conspiracy

 

 

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1    to commit mob action under Section 8-1, 8-2, or 8-4 of the
2    Criminal Code of 2012, where the criminal object is a
3    violation of Section 25-1 of the Criminal Code of 2012,
4    and an electronic communication is used in the commission
5    of the offense. For the purposes of this paragraph (8),
6    "electronic communication" shall have the meaning provided
7    in Section 26.5-0.1 of the Criminal Code of 2012.
8    (d) For the purposes of this Section, "organized gang" has
9the meaning ascribed to it in Section 10 of the Illinois
10Streetgang Terrorism Omnibus Prevention Act.
11    (e) The court may impose an extended term sentence under
12Article 4.5 of Chapter V upon an offender who has been
13convicted of a felony violation of Section 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
16when the victim of the offense is under 18 years of age at the
17time of the commission of the offense and, during the
18commission of the offense, the victim was under the influence
19of alcohol, regardless of whether or not the alcohol was
20supplied by the offender; and the offender, at the time of the
21commission of the offense, knew or should have known that the
22victim had consumed alcohol.
23(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
24101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
25    (Text of Section after amendment by P.A. 101-652)

 

 

HB5496- 597 -LRB102 25260 LNS 34533 b

1    Sec. 5-5-3.2. Factors in aggravation and extended-term
2sentencing.
3    (a) The following factors shall be accorded weight in
4favor of imposing a term of imprisonment or may be considered
5by the court as reasons to impose a more severe sentence under
6Section 5-8-1 or Article 4.5 of Chapter V:
7        (1) the defendant's conduct caused or threatened
8    serious harm;
9        (2) the defendant received compensation for committing
10    the offense;
11        (3) the defendant has a history of prior delinquency
12    or criminal activity;
13        (4) the defendant, by the duties of his office or by
14    his position, was obliged to prevent the particular
15    offense committed or to bring the offenders committing it
16    to justice;
17        (5) the defendant held public office at the time of
18    the offense, and the offense related to the conduct of
19    that office;
20        (6) the defendant utilized his professional reputation
21    or position in the community to commit the offense, or to
22    afford him an easier means of committing it;
23        (7) the sentence is necessary to deter others from
24    committing the same crime;
25        (8) the defendant committed the offense against a
26    person 60 years of age or older or such person's property;

 

 

HB5496- 598 -LRB102 25260 LNS 34533 b

1        (9) the defendant committed the offense against a
2    person who has a physical disability or such person's
3    property;
4        (10) by reason of another individual's actual or
5    perceived race, color, creed, religion, ancestry, gender,
6    sexual orientation, physical or mental disability, or
7    national origin, the defendant committed the offense
8    against (i) the person or property of that individual;
9    (ii) the person or property of a person who has an
10    association with, is married to, or has a friendship with
11    the other individual; or (iii) the person or property of a
12    relative (by blood or marriage) of a person described in
13    clause (i) or (ii). For the purposes of this Section,
14    "sexual orientation" has the meaning ascribed to it in
15    paragraph (O-1) of Section 1-103 of the Illinois Human
16    Rights Act;
17        (11) the offense took place in a place of worship or on
18    the grounds of a place of worship, immediately prior to,
19    during or immediately following worship services. For
20    purposes of this subparagraph, "place of worship" shall
21    mean any church, synagogue or other building, structure or
22    place used primarily for religious worship;
23        (12) the defendant was convicted of a felony committed
24    while he was on pretrial release or his own recognizance
25    pending trial for a prior felony and was convicted of such
26    prior felony, or the defendant was convicted of a felony

 

 

HB5496- 599 -LRB102 25260 LNS 34533 b

1    committed while he was serving a period of probation,
2    conditional discharge, or mandatory supervised release
3    under subsection (d) of Section 5-8-1 for a prior felony;
4        (13) the defendant committed or attempted to commit a
5    felony while he was wearing a bulletproof vest. For the
6    purposes of this paragraph (13), a bulletproof vest is any
7    device which is designed for the purpose of protecting the
8    wearer from bullets, shot or other lethal projectiles;
9        (14) the defendant held a position of trust or
10    supervision such as, but not limited to, family member as
11    defined in Section 11-0.1 of the Criminal Code of 2012,
12    teacher, scout leader, baby sitter, or day care worker, in
13    relation to a victim under 18 years of age, and the
14    defendant committed an offense in violation of Section
15    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
16    11-14.4 except for an offense that involves keeping a
17    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
18    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
19    or 12-16 of the Criminal Code of 1961 or the Criminal Code
20    of 2012 against that victim;
21        (15) the defendant committed an offense related to the
22    activities of an organized gang. For the purposes of this
23    factor, "organized gang" has the meaning ascribed to it in
24    Section 10 of the Streetgang Terrorism Omnibus Prevention
25    Act;
26        (16) the defendant committed an offense in violation

 

 

HB5496- 600 -LRB102 25260 LNS 34533 b

1    of one of the following Sections while in a school,
2    regardless of the time of day or time of year; on any
3    conveyance owned, leased, or contracted by a school to
4    transport students to or from school or a school related
5    activity; on the real property of a school; or on a public
6    way within 1,000 feet of the real property comprising any
7    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
8    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
9    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
10    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
11    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
12    for subdivision (a)(4) or (g)(1), of the Criminal Code of
13    1961 or the Criminal Code of 2012;
14        (16.5) the defendant committed an offense in violation
15    of one of the following Sections while in a day care
16    center, regardless of the time of day or time of year; on
17    the real property of a day care center, regardless of the
18    time of day or time of year; or on a public way within
19    1,000 feet of the real property comprising any day care
20    center, regardless of the time of day or time of year:
21    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
22    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
23    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
24    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25    18-2, or 33A-2, or Section 12-3.05 except for subdivision
26    (a)(4) or (g)(1), of the Criminal Code of 1961 or the

 

 

HB5496- 601 -LRB102 25260 LNS 34533 b

1    Criminal Code of 2012;
2        (17) the defendant committed the offense by reason of
3    any person's activity as a community policing volunteer or
4    to prevent any person from engaging in activity as a
5    community policing volunteer. For the purpose of this
6    Section, "community policing volunteer" has the meaning
7    ascribed to it in Section 2-3.5 of the Criminal Code of
8    2012;
9        (18) the defendant committed the offense in a nursing
10    home or on the real property comprising a nursing home.
11    For the purposes of this paragraph (18), "nursing home"
12    means a skilled nursing or intermediate long term care
13    facility that is subject to license by the Illinois
14    Department of Public Health under the Nursing Home Care
15    Act, the Specialized Mental Health Rehabilitation Act of
16    2013, the ID/DD Community Care Act, or the MC/DD Act;
17        (19) the defendant was a federally licensed firearm
18    dealer and was previously convicted of a violation of
19    subsection (a) of Section 3 of the Firearm Owners
20    Identification Card Act and has now committed either a
21    felony violation of the Firearm Owners Identification Card
22    Act or an act of armed violence while armed with a firearm;
23        (20) the defendant (i) committed the offense of
24    reckless homicide under Section 9-3 of the Criminal Code
25    of 1961 or the Criminal Code of 2012 or the offense of
26    driving under the influence of alcohol, other drug or

 

 

HB5496- 602 -LRB102 25260 LNS 34533 b

1    drugs, intoxicating compound or compounds or any
2    combination thereof under Section 11-501 of the Illinois
3    Vehicle Code or a similar provision of a local ordinance
4    and (ii) was operating a motor vehicle in excess of 20
5    miles per hour over the posted speed limit as provided in
6    Article VI of Chapter 11 of the Illinois Vehicle Code;
7        (21) the defendant (i) committed the offense of
8    reckless driving or aggravated reckless driving under
9    Section 11-503 of the Illinois Vehicle Code and (ii) was
10    operating a motor vehicle in excess of 20 miles per hour
11    over the posted speed limit as provided in Article VI of
12    Chapter 11 of the Illinois Vehicle Code;
13        (22) the defendant committed the offense against a
14    person that the defendant knew, or reasonably should have
15    known, was a member of the Armed Forces of the United
16    States serving on active duty. For purposes of this clause
17    (22), the term "Armed Forces" means any of the Armed
18    Forces of the United States, including a member of any
19    reserve component thereof or National Guard unit called to
20    active duty;
21        (23) the defendant committed the offense against a
22    person who was elderly or infirm or who was a person with a
23    disability by taking advantage of a family or fiduciary
24    relationship with the elderly or infirm person or person
25    with a disability;
26        (24) the defendant committed any offense under Section

 

 

HB5496- 603 -LRB102 25260 LNS 34533 b

1    11-20.1 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 and possessed 100 or more images;
3        (25) the defendant committed the offense while the
4    defendant or the victim was in a train, bus, or other
5    vehicle used for public transportation;
6        (26) the defendant committed the offense of child
7    pornography or aggravated child pornography, specifically
8    including paragraph (1), (2), (3), (4), (5), or (7) of
9    subsection (a) of Section 11-20.1 of the Criminal Code of
10    1961 or the Criminal Code of 2012 where a child engaged in,
11    solicited for, depicted in, or posed in any act of sexual
12    penetration or bound, fettered, or subject to sadistic,
13    masochistic, or sadomasochistic abuse in a sexual context
14    and specifically including paragraph (1), (2), (3), (4),
15    (5), or (7) of subsection (a) of Section 11-20.1B or
16    Section 11-20.3 of the Criminal Code of 1961 where a child
17    engaged in, solicited for, depicted in, or posed in any
18    act of sexual penetration or bound, fettered, or subject
19    to sadistic, masochistic, or sadomasochistic abuse in a
20    sexual context;
21        (27) the defendant committed the offense of first
22    degree murder, assault, aggravated assault, battery,
23    aggravated battery, robbery, armed robbery, or aggravated
24    robbery against a person who was a veteran and the
25    defendant knew, or reasonably should have known, that the
26    person was a veteran performing duties as a representative

 

 

HB5496- 604 -LRB102 25260 LNS 34533 b

1    of a veterans' organization. For the purposes of this
2    paragraph (27), "veteran" means an Illinois resident who
3    has served as a member of the United States Armed Forces, a
4    member of the Illinois National Guard, or a member of the
5    United States Reserve Forces; and "veterans' organization"
6    means an organization comprised of members of which
7    substantially all are individuals who are veterans or
8    spouses, widows, or widowers of veterans, the primary
9    purpose of which is to promote the welfare of its members
10    and to provide assistance to the general public in such a
11    way as to confer a public benefit;
12        (28) the defendant committed the offense of assault,
13    aggravated assault, battery, aggravated battery, robbery,
14    armed robbery, or aggravated robbery against a person that
15    the defendant knew or reasonably should have known was a
16    letter carrier or postal worker while that person was
17    performing his or her duties delivering mail for the
18    United States Postal Service;
19        (29) the defendant committed the offense of criminal
20    sexual assault, aggravated criminal sexual assault,
21    criminal sexual abuse, or aggravated criminal sexual abuse
22    against a victim with an intellectual disability, and the
23    defendant holds a position of trust, authority, or
24    supervision in relation to the victim;
25        (30) the defendant committed the offense of promoting
26    juvenile prostitution, patronizing a prostitute, or

 

 

HB5496- 605 -LRB102 25260 LNS 34533 b

1    patronizing a minor engaged in prostitution and at the
2    time of the commission of the offense knew that the
3    prostitute or minor engaged in prostitution was in the
4    custody or guardianship of the Department of Children and
5    Family Services;
6        (31) the defendant (i) committed the offense of
7    driving while under the influence of alcohol, other drug
8    or drugs, intoxicating compound or compounds or any
9    combination thereof in violation of Section 11-501 of the
10    Illinois Vehicle Code or a similar provision of a local
11    ordinance and (ii) the defendant during the commission of
12    the offense was driving his or her vehicle upon a roadway
13    designated for one-way traffic in the opposite direction
14    of the direction indicated by official traffic control
15    devices;
16        (32) the defendant committed the offense of reckless
17    homicide while committing a violation of Section 11-907 of
18    the Illinois Vehicle Code;
19        (33) the defendant was found guilty of an
20    administrative infraction related to an act or acts of
21    public indecency or sexual misconduct in the penal
22    institution. In this paragraph (33), "penal institution"
23    has the same meaning as in Section 2-14 of the Criminal
24    Code of 2012; or
25        (34) the defendant committed the offense of leaving
26    the scene of a crash an accident in violation of

 

 

HB5496- 606 -LRB102 25260 LNS 34533 b

1    subsection (b) of Section 11-401 of the Illinois Vehicle
2    Code and the crash accident resulted in the death of a
3    person and at the time of the offense, the defendant was:
4    (i) driving under the influence of alcohol, other drug or
5    drugs, intoxicating compound or compounds or any
6    combination thereof as defined by Section 11-501 of the
7    Illinois Vehicle Code; or (ii) operating the motor vehicle
8    while using an electronic communication device as defined
9    in Section 12-610.2 of the Illinois Vehicle Code.
10    For the purposes of this Section:
11    "School" is defined as a public or private elementary or
12secondary school, community college, college, or university.
13    "Day care center" means a public or private State
14certified and licensed day care center as defined in Section
152.09 of the Child Care Act of 1969 that displays a sign in
16plain view stating that the property is a day care center.
17    "Intellectual disability" means significantly subaverage
18intellectual functioning which exists concurrently with
19impairment in adaptive behavior.
20    "Public transportation" means the transportation or
21conveyance of persons by means available to the general
22public, and includes paratransit services.
23    "Traffic control devices" means all signs, signals,
24markings, and devices that conform to the Illinois Manual on
25Uniform Traffic Control Devices, placed or erected by
26authority of a public body or official having jurisdiction,

 

 

HB5496- 607 -LRB102 25260 LNS 34533 b

1for the purpose of regulating, warning, or guiding traffic.
2    (b) The following factors, related to all felonies, may be
3considered by the court as reasons to impose an extended term
4sentence under Section 5-8-2 upon any offender:
5        (1) When a defendant is convicted of any felony, after
6    having been previously convicted in Illinois or any other
7    jurisdiction of the same or similar class felony or
8    greater class felony, when such conviction has occurred
9    within 10 years after the previous conviction, excluding
10    time spent in custody, and such charges are separately
11    brought and tried and arise out of different series of
12    acts; or
13        (2) When a defendant is convicted of any felony and
14    the court finds that the offense was accompanied by
15    exceptionally brutal or heinous behavior indicative of
16    wanton cruelty; or
17        (3) When a defendant is convicted of any felony
18    committed against:
19            (i) a person under 12 years of age at the time of
20        the offense or such person's property;
21            (ii) a person 60 years of age or older at the time
22        of the offense or such person's property; or
23            (iii) a person who had a physical disability at
24        the time of the offense or such person's property; or
25        (4) When a defendant is convicted of any felony and
26    the offense involved any of the following types of

 

 

HB5496- 608 -LRB102 25260 LNS 34533 b

1    specific misconduct committed as part of a ceremony, rite,
2    initiation, observance, performance, practice or activity
3    of any actual or ostensible religious, fraternal, or
4    social group:
5            (i) the brutalizing or torturing of humans or
6        animals;
7            (ii) the theft of human corpses;
8            (iii) the kidnapping of humans;
9            (iv) the desecration of any cemetery, religious,
10        fraternal, business, governmental, educational, or
11        other building or property; or
12            (v) ritualized abuse of a child; or
13        (5) When a defendant is convicted of a felony other
14    than conspiracy and the court finds that the felony was
15    committed under an agreement with 2 or more other persons
16    to commit that offense and the defendant, with respect to
17    the other individuals, occupied a position of organizer,
18    supervisor, financier, or any other position of management
19    or leadership, and the court further finds that the felony
20    committed was related to or in furtherance of the criminal
21    activities of an organized gang or was motivated by the
22    defendant's leadership in an organized gang; or
23        (6) When a defendant is convicted of an offense
24    committed while using a firearm with a laser sight
25    attached to it. For purposes of this paragraph, "laser
26    sight" has the meaning ascribed to it in Section 26-7 of

 

 

HB5496- 609 -LRB102 25260 LNS 34533 b

1    the Criminal Code of 2012; or
2        (7) When a defendant who was at least 17 years of age
3    at the time of the commission of the offense is convicted
4    of a felony and has been previously adjudicated a
5    delinquent minor under the Juvenile Court Act of 1987 for
6    an act that if committed by an adult would be a Class X or
7    Class 1 felony when the conviction has occurred within 10
8    years after the previous adjudication, excluding time
9    spent in custody; or
10        (8) When a defendant commits any felony and the
11    defendant used, possessed, exercised control over, or
12    otherwise directed an animal to assault a law enforcement
13    officer engaged in the execution of his or her official
14    duties or in furtherance of the criminal activities of an
15    organized gang in which the defendant is engaged; or
16        (9) When a defendant commits any felony and the
17    defendant knowingly video or audio records the offense
18    with the intent to disseminate the recording.
19    (c) The following factors may be considered by the court
20as reasons to impose an extended term sentence under Section
215-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
22offenses:
23        (1) When a defendant is convicted of first degree
24    murder, after having been previously convicted in Illinois
25    of any offense listed under paragraph (c)(2) of Section
26    5-5-3 (730 ILCS 5/5-5-3), when that conviction has

 

 

HB5496- 610 -LRB102 25260 LNS 34533 b

1    occurred within 10 years after the previous conviction,
2    excluding time spent in custody, and the charges are
3    separately brought and tried and arise out of different
4    series of acts.
5        (1.5) When a defendant is convicted of first degree
6    murder, after having been previously convicted of domestic
7    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
8    (720 ILCS 5/12-3.3) committed on the same victim or after
9    having been previously convicted of violation of an order
10    of protection (720 ILCS 5/12-30) in which the same victim
11    was the protected person.
12        (2) When a defendant is convicted of voluntary
13    manslaughter, second degree murder, involuntary
14    manslaughter, or reckless homicide in which the defendant
15    has been convicted of causing the death of more than one
16    individual.
17        (3) When a defendant is convicted of aggravated
18    criminal sexual assault or criminal sexual assault, when
19    there is a finding that aggravated criminal sexual assault
20    or criminal sexual assault was also committed on the same
21    victim by one or more other individuals, and the defendant
22    voluntarily participated in the crime with the knowledge
23    of the participation of the others in the crime, and the
24    commission of the crime was part of a single course of
25    conduct during which there was no substantial change in
26    the nature of the criminal objective.

 

 

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1        (4) If the victim was under 18 years of age at the time
2    of the commission of the offense, when a defendant is
3    convicted of aggravated criminal sexual assault or
4    predatory criminal sexual assault of a child under
5    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
6    of Section 12-14.1 of the Criminal Code of 1961 or the
7    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8        (5) When a defendant is convicted of a felony
9    violation of Section 24-1 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
11    finding that the defendant is a member of an organized
12    gang.
13        (6) When a defendant was convicted of unlawful use of
14    weapons under Section 24-1 of the Criminal Code of 1961 or
15    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
16    a weapon that is not readily distinguishable as one of the
17    weapons enumerated in Section 24-1 of the Criminal Code of
18    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19        (7) When a defendant is convicted of an offense
20    involving the illegal manufacture of a controlled
21    substance under Section 401 of the Illinois Controlled
22    Substances Act (720 ILCS 570/401), the illegal manufacture
23    of methamphetamine under Section 25 of the Methamphetamine
24    Control and Community Protection Act (720 ILCS 646/25), or
25    the illegal possession of explosives and an emergency
26    response officer in the performance of his or her duties

 

 

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1    is killed or injured at the scene of the offense while
2    responding to the emergency caused by the commission of
3    the offense. In this paragraph, "emergency" means a
4    situation in which a person's life, health, or safety is
5    in jeopardy; and "emergency response officer" means a
6    peace officer, community policing volunteer, fireman,
7    emergency medical technician-ambulance, emergency medical
8    technician-intermediate, emergency medical
9    technician-paramedic, ambulance driver, other medical
10    assistance or first aid personnel, or hospital emergency
11    room personnel.
12        (8) When the defendant is convicted of attempted mob
13    action, solicitation to commit mob action, or conspiracy
14    to commit mob action under Section 8-1, 8-2, or 8-4 of the
15    Criminal Code of 2012, where the criminal object is a
16    violation of Section 25-1 of the Criminal Code of 2012,
17    and an electronic communication is used in the commission
18    of the offense. For the purposes of this paragraph (8),
19    "electronic communication" shall have the meaning provided
20    in Section 26.5-0.1 of the Criminal Code of 2012.
21    (d) For the purposes of this Section, "organized gang" has
22the meaning ascribed to it in Section 10 of the Illinois
23Streetgang Terrorism Omnibus Prevention Act.
24    (e) The court may impose an extended term sentence under
25Article 4.5 of Chapter V upon an offender who has been
26convicted of a felony violation of Section 11-1.20, 11-1.30,

 

 

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111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
3when the victim of the offense is under 18 years of age at the
4time of the commission of the offense and, during the
5commission of the offense, the victim was under the influence
6of alcohol, regardless of whether or not the alcohol was
7supplied by the offender; and the offender, at the time of the
8commission of the offense, knew or should have known that the
9victim had consumed alcohol.
10(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
11101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
121-1-23; 102-558, eff. 8-20-21.)
 
13    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
14    Sec. 5-8-4. Concurrent and consecutive terms of
15imprisonment.
16    (a) Concurrent terms; multiple or additional sentences.
17When an Illinois court (i) imposes multiple sentences of
18imprisonment on a defendant at the same time or (ii) imposes a
19sentence of imprisonment on a defendant who is already subject
20to a sentence of imprisonment imposed by an Illinois court, a
21court of another state, or a federal court, then the sentences
22shall run concurrently unless otherwise determined by the
23Illinois court under this Section.
24    (b) Concurrent terms; misdemeanor and felony. A defendant
25serving a sentence for a misdemeanor who is convicted of a

 

 

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1felony and sentenced to imprisonment shall be transferred to
2the Department of Corrections, and the misdemeanor sentence
3shall be merged in and run concurrently with the felony
4sentence.
5    (c) Consecutive terms; permissive. The court may impose
6consecutive sentences in any of the following circumstances:
7        (1) If, having regard to the nature and circumstances
8    of the offense and the history and character of the
9    defendant, it is the opinion of the court that consecutive
10    sentences are required to protect the public from further
11    criminal conduct by the defendant, the basis for which the
12    court shall set forth in the record.
13        (2) If one of the offenses for which a defendant was
14    convicted was a violation of Section 32-5.2 (aggravated
15    false personation of a peace officer) of the Criminal Code
16    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
17    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
18    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
19    offense was committed in attempting or committing a
20    forcible felony.
21    (d) Consecutive terms; mandatory. The court shall impose
22consecutive sentences in each of the following circumstances:
23        (1) One of the offenses for which the defendant was
24    convicted was first degree murder or a Class X or Class 1
25    felony and the defendant inflicted severe bodily injury.
26        (2) The defendant was convicted of a violation of

 

 

HB5496- 615 -LRB102 25260 LNS 34533 b

1    Section 11-1.20 or 12-13 (criminal sexual assault),
2    11-1.30 or 12-14 (aggravated criminal sexual assault), or
3    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
4    child) of the Criminal Code of 1961 or the Criminal Code of
5    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
6    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
7    5/12-14.1).
8        (2.5) The defendant was convicted of a violation of
9    paragraph (1), (2), (3), (4), (5), or (7) of subsection
10    (a) of Section 11-20.1 (child pornography) or of paragraph
11    (1), (2), (3), (4), (5), or (7) of subsection (a) of
12    Section 11-20.1B or 11-20.3 (aggravated child pornography)
13    of the Criminal Code of 1961 or the Criminal Code of 2012;
14    or the defendant was convicted of a violation of paragraph
15    (6) of subsection (a) of Section 11-20.1 (child
16    pornography) or of paragraph (6) of subsection (a) of
17    Section 11-20.1B or 11-20.3 (aggravated child pornography)
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    when the child depicted is under the age of 13.
20        (3) The defendant was convicted of armed violence
21    based upon the predicate offense of any of the following:
22    solicitation of murder, solicitation of murder for hire,
23    heinous battery as described in Section 12-4.1 or
24    subdivision (a)(2) of Section 12-3.05, aggravated battery
25    of a senior citizen as described in Section 12-4.6 or
26    subdivision (a)(4) of Section 12-3.05, criminal sexual

 

 

HB5496- 616 -LRB102 25260 LNS 34533 b

1    assault, a violation of subsection (g) of Section 5 of the
2    Cannabis Control Act (720 ILCS 550/5), cannabis
3    trafficking, a violation of subsection (a) of Section 401
4    of the Illinois Controlled Substances Act (720 ILCS
5    570/401), controlled substance trafficking involving a
6    Class X felony amount of controlled substance under
7    Section 401 of the Illinois Controlled Substances Act (720
8    ILCS 570/401), a violation of the Methamphetamine Control
9    and Community Protection Act (720 ILCS 646/), calculated
10    criminal drug conspiracy, or streetgang criminal drug
11    conspiracy.
12        (4) The defendant was convicted of the offense of
13    leaving the scene of a motor vehicle crash accident
14    involving death or personal injuries under Section 11-401
15    of the Illinois Vehicle Code (625 ILCS 5/11-401) and
16    either: (A) aggravated driving under the influence of
17    alcohol, other drug or drugs, or intoxicating compound or
18    compounds, or any combination thereof under Section 11-501
19    of the Illinois Vehicle Code (625 ILCS 5/11-501), (B)
20    reckless homicide under Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or
22    (C) both an offense described in item (A) and an offense
23    described in item (B).
24        (5) The defendant was convicted of a violation of
25    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
26    death) or Section 12-20.5 (dismembering a human body) of

 

 

HB5496- 617 -LRB102 25260 LNS 34533 b

1    the Criminal Code of 1961 or the Criminal Code of 2012 (720
2    ILCS 5/9-3.1 or 5/12-20.5).
3        (5.5) The defendant was convicted of a violation of
4    Section 24-3.7 (use of a stolen firearm in the commission
5    of an offense) of the Criminal Code of 1961 or the Criminal
6    Code of 2012.
7        (6) If the defendant was in the custody of the
8    Department of Corrections at the time of the commission of
9    the offense, the sentence shall be served consecutive to
10    the sentence under which the defendant is held by the
11    Department of Corrections. If, however, the defendant is
12    sentenced to punishment by death, the sentence shall be
13    executed at such time as the court may fix without regard
14    to the sentence under which the defendant may be held by
15    the Department.
16        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
17    for escape or attempted escape shall be served consecutive
18    to the terms under which the offender is held by the
19    Department of Corrections.
20        (8) If a person charged with a felony commits a
21    separate felony while on pretrial release or in pretrial
22    detention in a county jail facility or county detention
23    facility, then the sentences imposed upon conviction of
24    these felonies shall be served consecutively regardless of
25    the order in which the judgments of conviction are
26    entered.

 

 

HB5496- 618 -LRB102 25260 LNS 34533 b

1        (8.5) If a person commits a battery against a county
2    correctional officer or sheriff's employee while serving a
3    sentence or in pretrial detention in a county jail
4    facility, then the sentence imposed upon conviction of the
5    battery shall be served consecutively with the sentence
6    imposed upon conviction of the earlier misdemeanor or
7    felony, regardless of the order in which the judgments of
8    conviction are entered.
9        (9) If a person admitted to bail following conviction
10    of a felony commits a separate felony while free on bond or
11    if a person detained in a county jail facility or county
12    detention facility following conviction of a felony
13    commits a separate felony while in detention, then any
14    sentence following conviction of the separate felony shall
15    be consecutive to that of the original sentence for which
16    the defendant was on bond or detained.
17        (10) If a person is found to be in possession of an
18    item of contraband, as defined in Section 31A-0.1 of the
19    Criminal Code of 2012, while serving a sentence in a
20    county jail or while in pre-trial detention in a county
21    jail, the sentence imposed upon conviction for the offense
22    of possessing contraband in a penal institution shall be
23    served consecutively to the sentence imposed for the
24    offense in which the person is serving sentence in the
25    county jail or serving pretrial detention, regardless of
26    the order in which the judgments of conviction are

 

 

HB5496- 619 -LRB102 25260 LNS 34533 b

1    entered.
2        (11) If a person is sentenced for a violation of bail
3    bond under Section 32-10 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, any sentence imposed for that
5    violation shall be served consecutive to the sentence
6    imposed for the charge for which bail had been granted and
7    with respect to which the defendant has been convicted.
8    (e) Consecutive terms; subsequent non-Illinois term. If an
9Illinois court has imposed a sentence of imprisonment on a
10defendant and the defendant is subsequently sentenced to a
11term of imprisonment by a court of another state or a federal
12court, then the Illinois sentence shall run consecutively to
13the sentence imposed by the court of the other state or the
14federal court. That same Illinois court, however, may order
15that the Illinois sentence run concurrently with the sentence
16imposed by the court of the other state or the federal court,
17but only if the defendant applies to that same Illinois court
18within 30 days after the sentence imposed by the court of the
19other state or the federal court is finalized.
20    (f) Consecutive terms; aggregate maximums and minimums.
21The aggregate maximum and aggregate minimum of consecutive
22sentences shall be determined as follows:
23        (1) For sentences imposed under law in effect prior to
24    February 1, 1978, the aggregate maximum of consecutive
25    sentences shall not exceed the maximum term authorized
26    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

 

 

HB5496- 620 -LRB102 25260 LNS 34533 b

1    Chapter V for the 2 most serious felonies involved. The
2    aggregate minimum period of consecutive sentences shall
3    not exceed the highest minimum term authorized under
4    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
5    V for the 2 most serious felonies involved. When sentenced
6    only for misdemeanors, a defendant shall not be
7    consecutively sentenced to more than the maximum for one
8    Class A misdemeanor.
9        (2) For sentences imposed under the law in effect on
10    or after February 1, 1978, the aggregate of consecutive
11    sentences for offenses that were committed as part of a
12    single course of conduct during which there was no
13    substantial change in the nature of the criminal objective
14    shall not exceed the sum of the maximum terms authorized
15    under Article 4.5 of Chapter V for the 2 most serious
16    felonies involved, but no such limitation shall apply for
17    offenses that were not committed as part of a single
18    course of conduct during which there was no substantial
19    change in the nature of the criminal objective. When
20    sentenced only for misdemeanors, a defendant shall not be
21    consecutively sentenced to more than the maximum for one
22    Class A misdemeanor.
23    (g) Consecutive terms; manner served. In determining the
24manner in which consecutive sentences of imprisonment, one or
25more of which is for a felony, will be served, the Department
26of Corrections shall treat the defendant as though he or she

 

 

HB5496- 621 -LRB102 25260 LNS 34533 b

1had been committed for a single term subject to each of the
2following:
3        (1) The maximum period of a term of imprisonment shall
4    consist of the aggregate of the maximums of the imposed
5    indeterminate terms, if any, plus the aggregate of the
6    imposed determinate sentences for felonies, plus the
7    aggregate of the imposed determinate sentences for
8    misdemeanors, subject to subsection (f) of this Section.
9        (2) The parole or mandatory supervised release term
10    shall be as provided in paragraph (e) of Section 5-4.5-50
11    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
12    involved.
13        (3) The minimum period of imprisonment shall be the
14    aggregate of the minimum and determinate periods of
15    imprisonment imposed by the court, subject to subsection
16    (f) of this Section.
17        (4) The defendant shall be awarded credit against the
18    aggregate maximum term and the aggregate minimum term of
19    imprisonment for all time served in an institution since
20    the commission of the offense or offenses and as a
21    consequence thereof at the rate specified in Section 3-6-3
22    (730 ILCS 5/3-6-3).
23    (h) Notwithstanding any other provisions of this Section,
24all sentences imposed by an Illinois court under this Code
25shall run concurrent to any and all sentences imposed under
26the Juvenile Court Act of 1987.

 

 

HB5496- 622 -LRB102 25260 LNS 34533 b

1(Source: P.A. 102-350, eff. 8-13-21.)
 
2    Section 145. The Cannabis and Controlled Substances Tort
3Claims Act is amended by changing Section 2 as follows:
 
4    (740 ILCS 20/2)  (from Ch. 70, par. 902)
5    Sec. 2. Findings and intent.
6    (a) The General Assembly finds that the abuse of cannabis
7and controlled substances:
8        (1) greatly increases incidents involving crimes of
9    violence and threats of crimes of violence;
10        (2) causes death or severe and often irreversible
11    injuries to newborn children;
12        (3) accounts for the commission of the majority of
13    property crimes committed within this State;
14        (4) causes motor vehicle crashes and job-related , job
15    related, and numerous other types of accidents that
16    frequently result in death or permanent injuries;
17        (5) contributes to the disintegration of the family;
18        (6) interferes with the duty of parents and legal
19    guardians to provide for the physical, mental, and
20    emotional well-being of their unemancipated children and
21    with the rights of parents and legal guardians to raise
22    the children free from the physical, mental, and emotional
23    trauma that is caused by the abuse of cannabis and
24    controlled substances;

 

 

HB5496- 623 -LRB102 25260 LNS 34533 b

1        (7) encourages and fosters the growth of urban gangs
2    engaged in violent and nonviolent crime;
3        (8) furthers the interests of elements of organized
4    criminals;
5        (9) increases the dropout, truancy, and failure rates
6    of children attending schools within this State;
7        (10) stifles educational opportunities for both drug
8    users and nonusers;
9        (11) contributes to the unemployment rate within this
10    State;
11        (12) reduces the productivity of employees, retards
12    competitiveness within the established business community,
13    and hinders the formation and growth of new businesses;
14        (13) reduces the value of real property;
15        (14) costs the citizens of this State billions of
16    dollars in federal, State, and local taxes for increased
17    costs for law enforcement, welfare, and education;
18        (15) costs the citizens of this State billions of
19    dollars in increased costs for consumer goods and
20    services, insurance premiums, and medical treatment;
21        (16) hinders citizens from freely using public parks,
22    streets, schools, forest preserves, playgrounds, and other
23    public areas; and
24        (17) contributes to a lower quality of life and
25    standard of living for the citizens of this State.
26    (b) The General Assembly finds that, in light of the

 

 

HB5496- 624 -LRB102 25260 LNS 34533 b

1findings made in subsection (a), any violation of the Cannabis
2Control Act, the Methamphetamine Control and Community
3Protection Act, or the Illinois Controlled Substances Act that
4involves the nonconsensual use of the real or personal
5property of another person, whether that person is an
6individual or a governmental or private entity representing a
7collection of individuals, is so injurious to the property
8interests and the well-being of that person that the violation
9gives rise to a cause of action sounding in tort. The General
10Assembly also finds that the delivery of a controlled
11substance or cannabis in violation of the Illinois Controlled
12Substances Act, the Methamphetamine Control and Community
13Protection Act, or the Cannabis Control Act to an
14unemancipated minor under the age of 18 is so injurious to the
15rights and duties of parents and legal guardians relating to
16the physical, mental, and emotional well-being of that minor
17that the violation also gives rise to a cause of action
18sounding in tort. The General Assembly further finds that
19although the damage a person suffers through the nonconsensual
20use of his property to facilitate such a violation or the
21damage a parent or legal guardian suffers as the result of the
22delivery to the minor of cannabis or a substance in violation
23of the Cannabis Control Act, the Methamphetamine Control and
24Community Protection Act, or the Illinois Controlled
25Substances Act is often subtle and incapable of precise
26articulation, that damage is nonetheless real and substantial.

 

 

HB5496- 625 -LRB102 25260 LNS 34533 b

1It is therefore the intent of the General Assembly to create a
2cause of action with statutorily prescribed damages for the
3conduct described in this Act.
4(Source: P.A. 94-556, eff. 9-11-05.)
 
5    Section 150. The Crime Victims Compensation Act is amended
6by changing Section 2 as follows:
 
7    (740 ILCS 45/2)  (from Ch. 70, par. 72)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Applicant" means any person who applies for
11compensation under this Act or any person the Court of Claims
12or the Attorney General finds is entitled to compensation,
13including the guardian of a minor or of a person under legal
14disability. It includes any person who was a dependent of a
15deceased victim of a crime of violence for his or her support
16at the time of the death of that victim.
17    The changes made to this subsection by this amendatory Act
18of the 101st General Assembly apply to actions commenced or
19pending on or after January 1, 2022.
20    (b) "Court of Claims" means the Court of Claims created by
21the Court of Claims Act.
22    (c) "Crime of violence" means and includes any offense
23defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2410-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

 

 

HB5496- 626 -LRB102 25260 LNS 34533 b

111-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
212-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
312-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
412-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
5or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
6subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
71961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
8the Cemetery Protection Act, Section 125 of the Stalking No
9Contact Order Act, Section 219 of the Civil No Contact Order
10Act, driving under the influence as defined in Section 11-501
11of the Illinois Vehicle Code, a violation of Section 11-401 of
12the Illinois Vehicle Code, provided the victim was a
13pedestrian or was operating a vehicle moved solely by human
14power or a mobility device at the time of contact, and a
15violation of Section 11-204.1 of the Illinois Vehicle Code; so
16long as the offense did not occur during a civil riot,
17insurrection or rebellion. "Crime of violence" does not
18include any other offense or crash accident involving a motor
19vehicle except those vehicle offenses specifically provided
20for in this paragraph. "Crime of violence" does include all of
21the offenses specifically provided for in this paragraph that
22occur within this State but are subject to federal
23jurisdiction and crimes involving terrorism as defined in 18
24U.S.C. 2331.
25    (d) "Victim" means (1) a person killed or injured in this
26State as a result of a crime of violence perpetrated or

 

 

HB5496- 627 -LRB102 25260 LNS 34533 b

1attempted against him or her, (2) the spouse, parent, or child
2of a person killed or injured in this State as a result of a
3crime of violence perpetrated or attempted against the person,
4or anyone living in the household of a person killed or injured
5in a relationship that is substantially similar to that of a
6parent, spouse, or child, (3) a person killed or injured in
7this State while attempting to assist a person against whom a
8crime of violence is being perpetrated or attempted, if that
9attempt of assistance would be expected of a reasonable person
10under the circumstances, (4) a person killed or injured in
11this State while assisting a law enforcement official
12apprehend a person who has perpetrated a crime of violence or
13prevent the perpetration of any such crime if that assistance
14was in response to the express request of the law enforcement
15official, (5) a person who personally witnessed a violent
16crime, (5.05) a person who will be called as a witness by the
17prosecution to establish a necessary nexus between the
18offender and the violent crime, (5.1) solely for the purpose
19of compensating for pecuniary loss incurred for psychological
20treatment of a mental or emotional condition caused or
21aggravated by the crime, any other person under the age of 18
22who is the brother, sister, half brother, or half sister of a
23person killed or injured in this State as a result of a crime
24of violence, (6) an Illinois resident who is a victim of a
25"crime of violence" as defined in this Act except, if the crime
26occurred outside this State, the resident has the same rights

 

 

HB5496- 628 -LRB102 25260 LNS 34533 b

1under this Act as if the crime had occurred in this State upon
2a showing that the state, territory, country, or political
3subdivision of a country in which the crime occurred does not
4have a compensation of victims of crimes law for which that
5Illinois resident is eligible, (7) a deceased person whose
6body is dismembered or whose remains are desecrated as the
7result of a crime of violence, or (8) solely for the purpose of
8compensating for pecuniary loss incurred for psychological
9treatment of a mental or emotional condition caused or
10aggravated by the crime, any parent, spouse, or child under
11the age of 18 of a deceased person whose body is dismembered or
12whose remains are desecrated as the result of a crime of
13violence.
14    (e) "Dependent" means a relative of a deceased victim who
15was wholly or partially dependent upon the victim's income at
16the time of his or her death and shall include the child of a
17victim born after his or her death.
18    (f) "Relative" means a spouse, parent, grandparent,
19stepfather, stepmother, child, grandchild, brother,
20brother-in-law, sister, sister-in-law, half brother, half
21sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
22living in the household of a person killed or injured in a
23relationship that is substantially similar to that of a
24parent, spouse, or child.
25    (g) "Child" means a son or daughter and includes a
26stepchild, an adopted child or a child born out of wedlock.

 

 

HB5496- 629 -LRB102 25260 LNS 34533 b

1    (h) "Pecuniary loss" means, in the case of injury,
2appropriate medical expenses and hospital expenses including
3expenses of medical examinations, rehabilitation, medically
4required nursing care expenses, appropriate psychiatric care
5or psychiatric counseling expenses, appropriate expenses for
6care or counseling by a licensed clinical psychologist,
7licensed clinical social worker, licensed professional
8counselor, or licensed clinical professional counselor and
9expenses for treatment by Christian Science practitioners and
10nursing care appropriate thereto; transportation expenses to
11and from medical and counseling treatment facilities;
12prosthetic appliances, eyeglasses, and hearing aids necessary
13or damaged as a result of the crime; costs associated with
14trafficking tattoo removal by a person authorized or licensed
15to perform the specific removal procedure; replacement costs
16for clothing and bedding used as evidence; costs associated
17with temporary lodging or relocation necessary as a result of
18the crime, including, but not limited to, the first month's
19rent and security deposit of the dwelling that the claimant
20relocated to and other reasonable relocation expenses incurred
21as a result of the violent crime; locks or windows necessary or
22damaged as a result of the crime; the purchase, lease, or
23rental of equipment necessary to create usability of and
24accessibility to the victim's real and personal property, or
25the real and personal property which is used by the victim,
26necessary as a result of the crime; the costs of appropriate

 

 

HB5496- 630 -LRB102 25260 LNS 34533 b

1crime scene clean-up; replacement services loss, to a maximum
2of $1,250 per month; dependents replacement services loss, to
3a maximum of $1,250 per month; loss of tuition paid to attend
4grammar school or high school when the victim had been
5enrolled as a student prior to the injury, or college or
6graduate school when the victim had been enrolled as a day or
7night student prior to the injury when the victim becomes
8unable to continue attendance at school as a result of the
9crime of violence perpetrated against him or her; loss of
10earnings, loss of future earnings because of disability
11resulting from the injury, and, in addition, in the case of
12death, expenses for funeral, burial, and travel and transport
13for survivors of homicide victims to secure bodies of deceased
14victims and to transport bodies for burial all of which may be
15awarded up to a maximum of $10,000 and loss of support of the
16dependents of the victim; in the case of dismemberment or
17desecration of a body, expenses for funeral and burial, all of
18which may be awarded up to a maximum of $10,000. Loss of future
19earnings shall be reduced by any income from substitute work
20actually performed by the victim or by income he or she would
21have earned in available appropriate substitute work he or she
22was capable of performing but unreasonably failed to
23undertake. Loss of earnings, loss of future earnings and loss
24of support shall be determined on the basis of the victim's
25average net monthly earnings for the 6 months immediately
26preceding the date of the injury or on $2,400 per month,

 

 

HB5496- 631 -LRB102 25260 LNS 34533 b

1whichever is less or, in cases where the absences commenced
2more than 3 years from the date of the crime, on the basis of
3the net monthly earnings for the 6 months immediately
4preceding the date of the first absence, not to exceed $2,400
5per month. If a divorced or legally separated applicant is
6claiming loss of support for a minor child of the deceased, the
7amount of support for each child shall be based either on the
8amount of support pursuant to the judgment prior to the date of
9the deceased victim's injury or death, or, if the subject of
10pending litigation filed by or on behalf of the divorced or
11legally separated applicant prior to the injury or death, on
12the result of that litigation. Real and personal property
13includes, but is not limited to, vehicles, houses, apartments,
14town houses, or condominiums. Pecuniary loss does not include
15pain and suffering or property loss or damage.
16    The changes made to this subsection by this amendatory Act
17of the 101st General Assembly apply to actions commenced or
18pending on or after January 1, 2022.
19    (i) "Replacement services loss" means expenses reasonably
20incurred in obtaining ordinary and necessary services in lieu
21of those the injured person would have performed, not for
22income, but for the benefit of himself or herself or his or her
23family, if he or she had not been injured.
24    (j) "Dependents replacement services loss" means loss
25reasonably incurred by dependents or private legal guardians
26of minor dependents after a victim's death in obtaining

 

 

HB5496- 632 -LRB102 25260 LNS 34533 b

1ordinary and necessary services in lieu of those the victim
2would have performed, not for income, but for their benefit,
3if he or she had not been fatally injured.
4    (k) "Survivor" means immediate family including a parent,
5stepfather, stepmother, child, brother, sister, or spouse.
6    (l) "Parent" means a natural parent, adopted parent,
7stepparent, or permanent legal guardian of another person.
8    (m) "Trafficking tattoo" is a tattoo which is applied to a
9victim in connection with the commission of a violation of
10Section 10-9 of the Criminal Code of 2012.
11(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
12102-27, eff. 6-25-21.)
 
13    Section 155. The Automotive Collision Repair Act is
14amended by changing Sections 10 and 30 as follows:
 
15    (815 ILCS 308/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Automotive collision and body repair" means all repairs
18that are commonly performed by a body repair technician to
19restore a motor vehicle damaged in a crash an accident or
20collision to a condition similar to the motor vehicle
21condition prior to the damage or deterioration including, but
22not limited to, the diagnosis, installation, exchange, repair,
23or refinishing of exterior body panels, trim, lighting, and
24structural chassis. The term does not include commercial fleet

 

 

HB5496- 633 -LRB102 25260 LNS 34533 b

1repair or maintenance transactions involving 2 or more motor
2vehicles or ongoing service or maintenance contracts involving
3motor vehicles used primarily for business purposes.
4    "Automotive collision and body repair facility" means a
5person, firm, association, or corporation that for
6compensation engages in the business of cosmetic repair,
7structural repair, or refinishing of motor vehicles with
8defect related to crash accident or collision.
9    "New part" means a part or component manufactured or
10supplied by the original motor vehicle manufacturer in an
11unused condition.
12    "Used part" means an original motor vehicle manufacturer
13part or component removed from a motor vehicle of similar
14make, model, and condition without the benefit of being
15rebuilt or remanufactured.
16    "Rebuilt part" or "reconditioned part" means a used part
17that has been inspected and remanufactured to restore
18functionality and performance.
19    "Aftermarket part" means a new part that is not
20manufactured or supplied by the original motor vehicle
21manufacturer for addition to, or replacement of, exterior body
22panel or trim.
23(Source: P.A. 93-565, eff. 1-1-04.)
 
24    (815 ILCS 308/30)
25    Sec. 30. Consumers authorizations of repairs or other

 

 

HB5496- 634 -LRB102 25260 LNS 34533 b

1actions. After receiving the estimate, the owner or the
2owner's agent may (i) authorize the repairs at the estimate of
3cost and time in writing, or (ii) request the return of the
4motor vehicle in a disassembled state. If the consumer elects
5the return of the motor vehicle in a disassembled or partially
6repaired state, the consumer may also request the return of
7all parts that were removed during disassembly or repair with
8the exception of parts that were damaged in a crash an accident
9or collision to the extent that retention by the collision
10repair facility was not feasible. The collision repair
11facility shall make the motor vehicle available for possession
12within 3 working days after the time of request. The collision
13repair facility may receive payment for only those items on
14the schedule of charges to which the facility is entitled.
15(Source: P.A. 93-565, eff. 1-1-04.)
 
16    Section 995. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.

 

 

HB5496- 635 -LRB102 25260 LNS 34533 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7from Ch. 116, par. 207
4    5 ILCS 350/2from Ch. 127, par. 1302
5    15 ILCS 335/11A
6    20 ILCS 2705/2705-210was 20 ILCS 2705/49.15
7    20 ILCS 2705/2705-317
8    20 ILCS 2910/1from Ch. 127 1/2, par. 501
9    40 ILCS 5/1-108from Ch. 108 1/2, par. 1-108
10    50 ILCS 705/7
11    50 ILCS 709/5-5
12    50 ILCS 727/1-5
13    50 ILCS 727/1-10
14    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
15    55 ILCS 5/5-1182
16    65 ILCS 5/11-80-9from Ch. 24, par. 11-80-9
17    215 ILCS 5/143.01from Ch. 73, par. 755.01
18    215 ILCS 5/143.19from Ch. 73, par. 755.19
19    215 ILCS 5/143.19.1from Ch. 73, par. 755.19.1
20    215 ILCS 5/143.19.3
21    215 ILCS 5/143.24bfrom Ch. 73, par. 755.24b
22    215 ILCS 5/143.29from Ch. 73, par. 755.29
23    215 ILCS 5/143.32
24    215 ILCS 5/143afrom Ch. 73, par. 755a
25    215 ILCS 5/143a-2from Ch. 73, par. 755a-2

 

 

HB5496- 636 -LRB102 25260 LNS 34533 b

1    225 ILCS 10/5.1from Ch. 23, par. 2215.1
2    235 ILCS 5/6-29.1
3    410 ILCS 53/5
4    410 ILCS 130/5
5    425 ILCS 7/5
6    510 ILCS 92/5
7    605 ILCS 5/1-102from Ch. 121, par. 1-102
8    605 ILCS 10/19.1
9    605 ILCS 125/23.1
10    625 ILCS 5/1-146.5
11    625 ILCS 5/1-159.2
12    625 ILCS 5/1-164.5
13    625 ILCS 5/1-187.001
14    625 ILCS 5/1-197.6
15    625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1
16    625 ILCS 5/2-123from Ch. 95 1/2, par. 2-123
17    625 ILCS 5/4-203from Ch. 95 1/2, par. 4-203
18    625 ILCS 5/5-101from Ch. 95 1/2, par. 5-101
19    625 ILCS 5/5-101.1
20    625 ILCS 5/5-102from Ch. 95 1/2, par. 5-102
21    625 ILCS 5/5-102.8
22    625 ILCS 5/6-101from Ch. 95 1/2, par. 6-101
23    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
24    625 ILCS 5/6-106.1a
25    625 ILCS 5/6-106.2from Ch. 95 1/2, par. 6-106.2
26    625 ILCS 5/6-106.3from Ch. 95 1/2, par. 6-106.3

 

 

HB5496- 637 -LRB102 25260 LNS 34533 b

1    625 ILCS 5/6-106.4from Ch. 95 1/2, par. 6-106.4
2    625 ILCS 5/6-107from Ch. 95 1/2, par. 6-107
3    625 ILCS 5/6-107.5
4    625 ILCS 5/6-108.1
5    625 ILCS 5/6-113from Ch. 95 1/2, par. 6-113
6    625 ILCS 5/6-117from Ch. 95 1/2, par. 6-117
7    625 ILCS 5/6-117.2
8    625 ILCS 5/6-201
9    625 ILCS 5/6-205
10    625 ILCS 5/6-206
11    625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1
12    625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303
13    625 ILCS 5/6-402from Ch. 95 1/2, par. 6-402
14    625 ILCS 5/6-420from Ch. 95 1/2, par. 6-420
15    625 ILCS 5/6-500from Ch. 95 1/2, par. 6-500
16    625 ILCS 5/6-500.2from Ch. 95 1/2, par. 6-500.2
17    625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514
18    625 ILCS 5/6-516from Ch. 95 1/2, par. 6-516
19    625 ILCS 5/6-703from Ch. 95 1/2, par. 6-703
20    625 ILCS 5/6-1002
21    625 ILCS 5/6-1004
22    625 ILCS 5/6-1009
23    625 ILCS 5/Ch. 7 Art. II
24    heading
25    625 ILCS 5/7-201from Ch. 95 1/2, par. 7-201
26    625 ILCS 5/7-201.1from Ch. 95 1/2, par. 7-201.1

 

 

HB5496- 638 -LRB102 25260 LNS 34533 b

1    625 ILCS 5/7-201.2from Ch. 95 1/2, par. 7-201.2
2    625 ILCS 5/7-202from Ch. 95 1/2, par. 7-202
3    625 ILCS 5/7-203from Ch. 95 1/2, par. 7-203
4    625 ILCS 5/7-204from Ch. 95 1/2, par. 7-204
5    625 ILCS 5/7-208from Ch. 95 1/2, par. 7-208
6    625 ILCS 5/7-209from Ch. 95 1/2, par. 7-209
7    625 ILCS 5/7-211from Ch. 95 1/2, par. 7-211
8    625 ILCS 5/7-212from Ch. 95 1/2, par. 7-212
9    625 ILCS 5/7-214from Ch. 95 1/2, par. 7-214
10    625 ILCS 5/7-216from Ch. 95 1/2, par. 7-216
11    625 ILCS 5/7-303from Ch. 95 1/2, par. 7-303
12    625 ILCS 5/7-309from Ch. 95 1/2, par. 7-309
13    625 ILCS 5/7-310from Ch. 95 1/2, par. 7-310
14    625 ILCS 5/7-311from Ch. 95 1/2, par. 7-311
15    625 ILCS 5/7-316from Ch. 95 1/2, par. 7-316
16    625 ILCS 5/7-317from Ch. 95 1/2, par. 7-317
17    625 ILCS 5/7-328from Ch. 95 1/2, par. 7-328
18    625 ILCS 5/7-329from Ch. 95 1/2, par. 7-329
19    625 ILCS 5/7-502from Ch. 95 1/2, par. 7-502
20    625 ILCS 5/7-504
21    625 ILCS 5/7-604from Ch. 95 1/2, par. 7-604
22    625 ILCS 5/9-105from Ch. 95 1/2, par. 9-105
23    625 ILCS 5/10-201from Ch. 95 1/2, par. 10-201
24    625 ILCS 5/11-208.6
25    625 ILCS 5/11-208.9

 

 

HB5496- 639 -LRB102 25260 LNS 34533 b

1    625 ILCS 5/Ch. 11 Art. IV
2    heading
3    625 ILCS 5/11-401from Ch. 95 1/2, par. 11-401
4    625 ILCS 5/11-402from Ch. 95 1/2, par. 11-402
5    625 ILCS 5/11-403from Ch. 95 1/2, par. 11-403
6    625 ILCS 5/11-404from Ch. 95 1/2, par. 11-404
7    625 ILCS 5/11-407from Ch. 95 1/2, par. 11-407
8    625 ILCS 5/11-408from Ch. 95 1/2, par. 11-408
9    625 ILCS 5/11-409from Ch. 95 1/2, par. 11-409
10    625 ILCS 5/11-411from Ch. 95 1/2, par. 11-411
11    625 ILCS 5/11-412from Ch. 95 1/2, par. 11-412
12    625 ILCS 5/11-413from Ch. 95 1/2, par. 11-413
13    625 ILCS 5/11-414from Ch. 95 1/2, par. 11-414
14    625 ILCS 5/11-415from Ch. 95 1/2, par. 11-415
15    625 ILCS 5/11-416from Ch. 95 1/2, par. 11-416
16    625 ILCS 5/11-417
17    625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501
18    625 ILCS 5/11-501.1
19    625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
20    625 ILCS 5/11-501.4-1
21    625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6
22    625 ILCS 5/11-501.7from Ch. 95 1/2, par. 11-501.7
23    625 ILCS 5/11-501.8
24    625 ILCS 5/11-506
25    625 ILCS 5/11-610from Ch. 95 1/2, par. 11-610
26    625 ILCS 5/11-1431

 

 

HB5496- 640 -LRB102 25260 LNS 34533 b

1    625 ILCS 5/12-215from Ch. 95 1/2, par. 12-215
2    625 ILCS 5/12-604.1
3    625 ILCS 5/12-610.1
4    625 ILCS 5/12-610.2
5    625 ILCS 5/12-707.01from Ch. 95 1/2, par. 12-707.01
6    625 ILCS 5/13-109from Ch. 95 1/2, par. 13-109
7    625 ILCS 5/13-111from Ch. 95 1/2, par. 13-111
8    625 ILCS 5/15-301from Ch. 95 1/2, par. 15-301
9    625 ILCS 5/16-108
10    625 ILCS 5/18a-301from Ch. 95 1/2, par. 18a-301
11    625 ILCS 5/18b-105from Ch. 95 1/2, par. 18b-105
12    625 ILCS 5/18b-108from Ch. 95 1/2, par. 18b-108
13    625 ILCS 5/18c-6502from Ch. 95 1/2, par. 18c-6502
14    625 ILCS 5/18c-7402from Ch. 95 1/2, par. 18c-7402
15    625 ILCS 5/20-202from Ch. 95 1/2, par. 20-202
16    625 ILCS 5/20-205 new
17    625 ILCS 25/2from Ch. 95 1/2, par. 1102
18    625 ILCS 27/5
19    625 ILCS 57/10
20    720 ILCS 5/3-5from Ch. 38, par. 3-5
21    720 ILCS 5/12C-60
22    720 ILCS 5/36-1from Ch. 38, par. 36-1
23    725 ILCS 5/102-7.1
24    725 ILCS 120/3from Ch. 38, par. 1403
25    730 ILCS 5/5-5-3.2
26    730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4

 

 

HB5496- 641 -LRB102 25260 LNS 34533 b

1    740 ILCS 20/2from Ch. 70, par. 902
2    740 ILCS 45/2from Ch. 70, par. 72
3    815 ILCS 308/10
4    815 ILCS 308/30