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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0518
Introduced 2/1/2007, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/2-123 |
from Ch. 95 1/2, par. 2-123 |
625 ILCS 5/6-204 |
from Ch. 95 1/2, par. 6-204 |
625 ILCS 5/11-501.1 |
from Ch. 95 1/2, par. 11-501.1 |
625 ILCS 5/11-501.8 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may, without fee, allow the parent or guardian of a person under the age of 18 years, who holds a graduated driver's license or an instruction permit, to view the person's driving record online through a computer connection. Effective January 1, 2008.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Sections 2-123, 6-204, 11-501.1, and 11-501.8 as follows:
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| (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
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| Sec. 2-123. Sale and Distribution of Information.
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| (a) Except as otherwise provided in this Section, the |
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| Secretary may make the
driver's license, vehicle and title |
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| registration lists, in part or in whole,
and any statistical |
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| information derived from these lists available to local
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| governments, elected state officials, state educational |
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| institutions, and all
other governmental units of the State and |
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| Federal
Government
requesting them for governmental purposes. |
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| The Secretary shall require any such
applicant for services to |
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| pay for the costs of furnishing such services and the
use of |
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| the equipment involved, and in addition is empowered to |
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| establish prices
and charges for the services so furnished and |
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| for the use of the electronic
equipment utilized.
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| (b) The Secretary is further empowered to and he may, in |
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| his discretion,
furnish to any applicant, other than listed in |
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| subsection (a) of this Section,
vehicle or driver data on a |
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| computer tape, disk, other electronic format or
computer |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| processable medium, or printout at a fixed fee of
$250 for |
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| orders received before October 1, 2003 and $500 for orders |
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| received
on or after October 1, 2003, in advance, and require |
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| in addition a
further sufficient
deposit based upon the |
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| Secretary of State's estimate of the total cost of the
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| information requested and a charge of $25 for orders received |
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| before October
1, 2003 and $50 for orders received on or after |
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| October 1, 2003, per 1,000
units or part
thereof identified or |
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| the actual cost, whichever is greater. The Secretary is
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| authorized to refund any difference between the additional |
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| deposit and the
actual cost of the request. This service shall |
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| not be in lieu of an abstract
of a driver's record nor of a |
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| title or registration search. This service may
be limited to |
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| entities purchasing a minimum number of records as required by
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| administrative rule. The information
sold pursuant to this |
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| subsection shall be the entire vehicle or driver data
list, or |
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| part thereof. The information sold pursuant to this subsection
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| shall not contain personally identifying information unless |
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| the information is
to be used for one of the purposes |
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| identified in subsection (f-5) of this
Section. Commercial |
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| purchasers of driver and vehicle record databases shall
enter |
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| into a written agreement with the Secretary of State that |
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| includes
disclosure of the commercial use of the information to |
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| be purchased. |
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| (b-1) The Secretary is further empowered to and may, in his |
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| or her discretion, furnish vehicle or driver data on a computer |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| tape, disk, or other electronic format or computer processible |
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| medium, at no fee, to any State or local governmental agency |
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| that uses the information provided by the Secretary to transmit |
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| data back to the Secretary that enables the Secretary to |
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| maintain accurate driving records, including dispositions of |
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| traffic cases. This information may be provided without fee not |
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| more often than once every 6 months.
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| (c) Secretary of State may issue registration lists. The |
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| Secretary
of State shall compile and publish, at least |
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| annually, a list of all registered
vehicles. Each list of |
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| registered vehicles shall be arranged serially
according to the |
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| registration numbers assigned to registered vehicles and
shall |
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| contain in addition the names and addresses of registered |
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| owners and
a brief description of each vehicle including the |
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| serial or other
identifying number thereof. Such compilation |
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| may be in such form as in the
discretion of the Secretary of |
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| State may seem best for the purposes intended.
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| (d) The Secretary of State shall furnish no more than 2 |
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| current available
lists of such registrations to the sheriffs |
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| of all counties and to the chiefs
of police of all cities and |
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| villages and towns of 2,000 population and over
in this State |
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| at no cost. Additional copies may be purchased by the sheriffs
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| or chiefs of police at the fee
of $500 each or at the cost of |
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| producing the list as determined
by the Secretary of State. |
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| Such lists are to be used for governmental
purposes only.
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| (e) (Blank).
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| (e-1) (Blank).
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| (f) The Secretary of State shall make a title or |
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| registration search of the
records of his office and a written |
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| report on the same for any person, upon
written application of |
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| such person, accompanied by a fee of $5 for
each registration |
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| or title search. The written application shall set forth
the |
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| intended use of the requested information. No fee shall be |
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| charged for a
title or
registration search, or for the |
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| certification thereof requested by a government
agency. The |
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| report of the title or registration search shall not contain
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| personally identifying information unless the request for a |
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| search was made for
one of the purposes identified in |
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| subsection (f-5) of this Section. The report of the title or |
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| registration search shall not contain highly
restricted |
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| personal
information unless specifically authorized by this |
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| Code.
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| The Secretary of State shall certify a title or |
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| registration record upon
written request. The fee for |
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| certification shall be $5 in addition
to the fee required for a |
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| title or registration search. Certification shall
be made under |
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| the signature of the Secretary of State and shall be
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| authenticated by Seal of the Secretary of State.
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| The Secretary of State may notify the vehicle owner or |
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| registrant of
the request for purchase of his title or |
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| registration information as the
Secretary deems appropriate.
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| No information shall be released to the requestor until |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| expiration of a
10 day period. This 10 day period shall not |
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| apply to requests for
information made by law enforcement |
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| officials, government agencies,
financial institutions, |
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| attorneys, insurers, employers, automobile
associated |
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| businesses, persons licensed as a private detective or firms
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| licensed as a private detective agency under the Private |
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| Detective, Private
Alarm, Private Security, and Locksmith Act |
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| of 2004, who are employed by or are
acting on
behalf of law |
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| enforcement officials, government agencies, financial
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| institutions, attorneys, insurers, employers, automobile |
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| associated businesses,
and other business entities for |
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| purposes consistent with the Illinois Vehicle
Code, the vehicle |
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| owner or registrant or other entities as the Secretary may
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| exempt by rule and regulation.
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| Any misrepresentation made by a requestor of title or |
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| vehicle information
shall be punishable as a petty offense, |
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| except in the case of persons
licensed as a private detective |
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| or firms licensed as a private detective agency
which shall be |
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| subject to disciplinary sanctions under Section 40-10 of the
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| Private Detective, Private Alarm, Private Security, and |
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| Locksmith Act of 2004.
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| (f-5) The Secretary of State shall not disclose or |
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| otherwise make
available to
any person or entity any personally |
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| identifying information obtained by the
Secretary
of State in |
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| connection with a driver's license, vehicle, or title |
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| registration
record
unless the information is disclosed for one |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| of the following purposes:
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| (1) For use by any government agency, including any |
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| court or law
enforcement agency, in carrying out its |
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| functions, or any private person or
entity acting on behalf |
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| of a federal, State, or local agency in carrying out
its
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| functions.
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| (2) For use in connection with matters of motor vehicle |
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| or driver safety
and theft; motor vehicle emissions; motor |
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| vehicle product alterations, recalls,
or advisories; |
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| performance monitoring of motor vehicles, motor vehicle |
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| parts,
and dealers; and removal of non-owner records from |
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| the original owner
records of motor vehicle manufacturers.
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| (3) For use in the normal course of business by a |
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| legitimate business or
its agents, employees, or |
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| contractors, but only:
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| (A) to verify the accuracy of personal information |
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| submitted by
an individual to the business or its |
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| agents, employees, or contractors;
and
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| (B) if such information as so submitted is not |
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| correct or is no
longer correct, to obtain the correct |
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| information, but only for the
purposes of preventing |
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| fraud by, pursuing legal remedies against, or
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| recovering on a debt or security interest against, the |
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| individual.
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| (4) For use in research activities and for use in |
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| producing statistical
reports, if the personally |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| identifying information is not published,
redisclosed, or |
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| used to
contact individuals.
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| (5) For use in connection with any civil, criminal, |
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| administrative, or
arbitral proceeding in any federal, |
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| State, or local court or agency or before
any
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| self-regulatory body, including the service of process, |
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| investigation in
anticipation of litigation, and the |
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| execution or enforcement of judgments and
orders, or |
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| pursuant to an order of a federal, State, or local court.
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| (6) For use by any insurer or insurance support |
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| organization or by a
self-insured entity or its agents, |
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| employees, or contractors in connection with
claims |
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| investigation activities, antifraud activities, rating, or |
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| underwriting.
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| (7) For use in providing notice to the owners of towed |
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| or
impounded vehicles.
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| (8) For use by any person licensed as a private |
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| detective or firm licensed as a private
detective agency |
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| under
the Private Detective, Private Alarm, Private |
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| Security, and Locksmith Act of
1993, private investigative |
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| agency or security service
licensed in Illinois for any |
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| purpose permitted under this subsection.
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| (9) For use by an employer or its agent or insurer to |
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| obtain or verify
information relating to a holder of a |
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| commercial driver's license that is
required under chapter |
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| 313 of title 49 of the United States Code.
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| (10) For use in connection with the operation of |
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| private toll
transportation facilities.
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| (11) For use by any requester, if the requester |
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| demonstrates it has
obtained the written consent of the |
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| individual to whom the information
pertains.
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| (12) For use by members of the news media, as defined |
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| in
Section 1-148.5, for the purpose of newsgathering when |
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| the request relates to
the
operation of a motor vehicle or |
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| public safety.
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| (13) For any other use specifically authorized by law, |
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| if that use is
related to the operation of a motor vehicle |
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| or public safety. |
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| (f-6) The Secretary of State shall not disclose or |
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| otherwise make
available to any
person or entity any highly |
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| restricted personal information obtained by the
Secretary of
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| State in connection with a driver's license, vehicle, or
title |
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| registration
record unless
specifically authorized by this |
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| Code.
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| (g) 1. The Secretary of State may, upon receipt of a |
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| written request
and a fee of $6 before October 1, 2003 and |
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| a fee of $12 on and after October
1, 2003, furnish to the |
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| person or agency so requesting a
driver's record. Such |
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| document may include a record of: current driver's
license |
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| issuance information, except that the information on |
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| judicial driving
permits shall be available only as |
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| otherwise provided by this Code;
convictions; orders |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| entered revoking, suspending or cancelling a
driver's
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| license or privilege; and notations of accident |
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| involvement. All other
information, unless otherwise |
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| permitted by
this Code, shall remain confidential. |
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| Information released pursuant to a
request for a driver's |
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| record shall not contain personally identifying
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| information, unless the request for the driver's record was |
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| made for one of the
purposes set forth in subsection (f-5) |
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| of this Section. The Secretary of State may, without fee, |
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| allow a parent or guardian of a person under the age of 18 |
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| years, who holds an instruction permit or graduated |
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| driver's license, to view that person's driving record |
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| online, through a computer connection.
The parent or |
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| guardian's online access to the driving record will |
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| terminate when the instruction permit or graduated |
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| driver's license holder reaches the age of 18.
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| 2. The Secretary of State shall not disclose or |
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| otherwise make available
to any
person or
entity any highly |
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| restricted personal information obtained by the Secretary |
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| of
State in
connection with a driver's license, vehicle, or |
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| title
registration record
unless specifically
authorized |
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| by this Code. The Secretary of State may certify an |
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| abstract of a driver's record
upon written request |
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| therefor. Such certification
shall be made under the |
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| signature of the Secretary of State and shall be
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| authenticated by the Seal of his office.
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| 3. All requests for driving record information shall be |
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| made in a manner
prescribed by the Secretary and shall set |
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| forth the intended use of the
requested information.
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| The Secretary of State may notify the affected driver |
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| of the request
for purchase of his driver's record as the |
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| Secretary deems appropriate.
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| No information shall be released to the requester until |
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| expiration of a
10 day period. This 10 day period shall not |
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| apply to requests for information
made by law enforcement |
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| officials, government agencies, financial institutions,
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| attorneys, insurers, employers, automobile associated |
12 |
| businesses, persons
licensed as a private detective or |
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| firms licensed as a private detective agency
under the |
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| Private Detective, Private Alarm, Private Security, and |
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| Locksmith Act
of 2004,
who are employed by or are acting on |
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| behalf of law enforcement officials,
government agencies, |
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| financial institutions, attorneys, insurers, employers,
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| automobile associated businesses, and other business |
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| entities for purposes
consistent with the Illinois Vehicle |
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| Code, the affected driver or other
entities as the |
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| Secretary may exempt by rule and regulation.
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| Any misrepresentation made by a requestor of driver |
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| information shall
be punishable as a petty offense, except |
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| in the case of persons licensed as
a private detective or |
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| firms licensed as a private detective agency which shall
be |
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| subject to disciplinary sanctions under Section 40-10 of |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| the Private
Detective, Private Alarm, Private Security, |
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| and Locksmith Act of 2004.
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| 4. The Secretary of State may furnish without fee, upon |
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| the written
request of a law enforcement agency, any |
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| information from a driver's
record on file with the |
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| Secretary of State when such information is required
in the |
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| enforcement of this Code or any other law relating to the |
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| operation
of motor vehicles, including records of |
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| dispositions; documented
information involving the use of |
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| a motor vehicle; whether such individual
has, or previously |
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| had, a driver's license; and the address and personal
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| description as reflected on said driver's record.
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| 5. Except as otherwise provided in this Section, the |
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| Secretary of
State may furnish, without fee, information |
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| from an individual driver's
record on file, if a written |
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| request therefor is submitted
by any public transit system |
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| or authority, public defender, law enforcement
agency, a |
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| state or federal agency, or an Illinois local |
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| intergovernmental
association, if the request is for the |
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| purpose of a background check of
applicants for employment |
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| with the requesting agency, or for the purpose of
an |
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| official investigation conducted by the agency, or to |
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| determine a
current address for the driver so public funds |
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| can be recovered or paid to
the driver, or for any other |
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| purpose set forth in subsection (f-5)
of this Section.
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| The Secretary may also furnish the courts a copy of an |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| abstract of a
driver's record, without fee, subsequent to |
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| an arrest for a violation of
Section 11-501 or a similar |
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| provision of a local ordinance. Such abstract
may include |
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| records of dispositions; documented information involving
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| the use of a motor vehicle as contained in the current |
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| file; whether such
individual has, or previously had, a |
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| driver's license; and the address and
personal description |
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| as reflected on said driver's record.
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| 6. Any certified abstract issued by the Secretary of |
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| State or
transmitted electronically by the Secretary of |
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| State pursuant to this
Section,
to a court or on request of |
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| a law enforcement agency, for the record of a
named person |
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| as to the status of the person's driver's license shall be
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| prima facie evidence of the facts therein stated and if the |
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| name appearing
in such abstract is the same as that of a |
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| person named in an information or
warrant, such abstract |
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| shall be prima facie evidence that the person named
in such |
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| information or warrant is the same person as the person |
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| named in
such abstract and shall be admissible for any |
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| prosecution under this Code and
be admitted as proof of any |
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| prior conviction or proof of records, notices, or
orders |
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| recorded on individual driving records maintained by the |
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| Secretary of
State.
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| 7. Subject to any restrictions contained in the |
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| Juvenile Court Act of
1987, and upon receipt of a proper |
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| request and a fee of $6 before October 1,
2003 and a fee of |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| $12 on or after October 1, 2003, the
Secretary of
State |
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| shall provide a driver's record to the affected driver, or |
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| the affected
driver's attorney, upon verification. Such |
4 |
| record shall contain all the
information referred to in |
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| paragraph 1 of this subsection (g) plus: any
recorded |
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| accident involvement as a driver; information recorded |
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| pursuant to
subsection (e) of Section 6-117 and paragraph |
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| (4) of subsection (a) of
Section 6-204 of this Code. All |
9 |
| other information, unless otherwise permitted
by this |
10 |
| Code, shall remain confidential.
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| (h) The Secretary shall not disclose social security |
12 |
| numbers or any associated information obtained from the Social |
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| Security Administration except pursuant
to a written request |
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| by, or with the prior written consent of, the
individual |
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| except: (1) to officers and employees of the Secretary
who
have |
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| a need to know the social security numbers in performance of |
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| their
official duties, (2) to law enforcement officials for a |
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| lawful, civil or
criminal law enforcement investigation, and if |
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| the head of the law enforcement
agency has made a written |
20 |
| request to the Secretary specifying the law
enforcement |
21 |
| investigation for which the social security numbers are being
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| sought, (3) to the United States Department of Transportation, |
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| or any other
State, pursuant to the administration and |
24 |
| enforcement of the Commercial
Motor Vehicle Safety Act of 1986, |
25 |
| (4) pursuant to the order of a court
of competent jurisdiction, |
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| or (5) to the Department of Healthcare and Family Services |
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| (formerly Department of Public Aid ) for
utilization
in the |
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| child support enforcement duties assigned to that Department |
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| under
provisions of the Illinois Public Aid Code after the |
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| individual has received advanced
meaningful notification of |
5 |
| what redisclosure is sought by the Secretary in
accordance with |
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| the federal Privacy Act.
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| (i) (Blank).
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| (j) Medical statements or medical reports received in the |
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| Secretary of
State's Office shall be confidential. No |
10 |
| confidential information may be
open to public inspection or |
11 |
| the contents disclosed to anyone, except
officers and employees |
12 |
| of the Secretary who have a need to know the information
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| contained in the medical reports and the Driver License Medical |
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| Advisory
Board, unless so directed by an order of a court of |
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| competent jurisdiction.
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| (k) All fees collected under this Section shall be paid |
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| into the Road
Fund of the State Treasury, except that (i) for |
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| fees collected before October
1, 2003, $3 of the $6 fee for a
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| driver's record shall be paid into the Secretary of State |
20 |
| Special Services
Fund, (ii) for fees collected on and after |
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| October 1, 2003, of the $12 fee
for a driver's record, $3 shall |
22 |
| be paid into the Secretary of State Special
Services Fund and |
23 |
| $6 shall be paid into the General Revenue Fund, and (iii) for
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| fees collected on and after October 1, 2003, 50% of the amounts |
25 |
| collected
pursuant to subsection (b) shall be paid into the |
26 |
| General Revenue Fund.
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HB0518 |
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LRB095 05320 DRH 27129 b |
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| (l) (Blank).
|
2 |
| (m) Notations of accident involvement that may be disclosed |
3 |
| under this
Section shall not include notations relating to |
4 |
| damage to a vehicle or other
property being transported by a |
5 |
| tow truck. This information shall remain
confidential, |
6 |
| provided that nothing in this subsection (m) shall limit
|
7 |
| disclosure of any notification of accident involvement to any |
8 |
| law enforcement
agency or official.
|
9 |
| (n) Requests made by the news media for driver's license, |
10 |
| vehicle, or
title registration information may be furnished |
11 |
| without charge or at a reduced
charge, as determined by the |
12 |
| Secretary, when the specific purpose for
requesting the |
13 |
| documents is deemed to be in the public interest. Waiver or
|
14 |
| reduction of the fee is in the public interest if the principal |
15 |
| purpose of the
request is to access and disseminate information |
16 |
| regarding the health, safety,
and welfare or the legal rights |
17 |
| of the general public and is not for the
principal purpose of |
18 |
| gaining a personal or commercial benefit.
The information |
19 |
| provided pursuant to this subsection shall not contain
|
20 |
| personally identifying information unless the information is |
21 |
| to be used for one
of the
purposes identified in subsection |
22 |
| (f-5) of this Section.
|
23 |
| (o) The redisclosure of personally identifying information
|
24 |
| obtained
pursuant
to this Section is prohibited, except to the |
25 |
| extent necessary to effectuate the
purpose
for which the |
26 |
| original disclosure of the information was permitted.
|
|
|
|
HB0518 |
- 16 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| (p) The Secretary of State is empowered to adopt rules
to
|
2 |
| effectuate this Section.
|
3 |
| (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, |
4 |
| eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
|
5 |
| (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
|
6 |
| Sec. 6-204. When Court to forward License and Reports.
|
7 |
| (a) For the purpose of providing to the Secretary of State |
8 |
| the records
essential to the performance of the Secretary's |
9 |
| duties under this Code to
cancel, revoke or suspend the |
10 |
| driver's license and privilege to drive motor
vehicles of |
11 |
| certain minors adjudicated truant minors in need of |
12 |
| supervision,
addicted, or delinquent and of persons
found |
13 |
| guilty of the criminal offenses or traffic violations
which |
14 |
| this Code recognizes as evidence relating to unfitness to |
15 |
| safely operate
motor vehicles, the following duties are imposed |
16 |
| upon public officials:
|
17 |
| (1) Whenever any person is convicted of any offense for |
18 |
| which
this
Code makes mandatory the cancellation or |
19 |
| revocation of the driver's
license or permit of such person |
20 |
| by the Secretary of State, the judge of the
court in which |
21 |
| such conviction is had shall require the surrender to the |
22 |
| clerk
of the court of all driver's licenses or permits then |
23 |
| held by the person so
convicted, and the clerk of the court |
24 |
| shall, within 5 days thereafter, forward
the same, together |
25 |
| with a report of such conviction, to the Secretary.
|
|
|
|
HB0518 |
- 17 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| (2) Whenever any person is convicted of any offense |
2 |
| under this
Code or
similar offenses under a municipal |
3 |
| ordinance, other than regulations
governing standing, |
4 |
| parking or weights of vehicles, and excepting the
following |
5 |
| enumerated Sections of this Code: Sections 11-1406 |
6 |
| (obstruction
to driver's view or control), 11-1407 |
7 |
| (improper opening of door into
traffic), 11-1410 (coasting |
8 |
| on downgrade), 11-1411 (following fire
apparatus), |
9 |
| 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
|
10 |
| vehicle which is in unsafe condition or improperly |
11 |
| equipped), 12-201(a)
(daytime lights on motorcycles), |
12 |
| 12-202 (clearance, identification and
side marker lamps), |
13 |
| 12-204 (lamp or flag on projecting load), 12-205
(failure |
14 |
| to display the safety lights required), 12-401 |
15 |
| (restrictions as
to tire equipment), 12-502 (mirrors), |
16 |
| 12-503 (windshields must be
unobstructed and equipped with |
17 |
| wipers), 12-601 (horns and warning
devices), 12-602 |
18 |
| (mufflers, prevention of noise or smoke), 12-603 (seat
|
19 |
| safety belts), 12-702 (certain vehicles to carry flares or |
20 |
| other warning
devices), 12-703 (vehicles for oiling roads |
21 |
| operated on highways),
12-710 (splash guards and |
22 |
| replacements), 13-101 (safety tests), 15-101
(size, weight |
23 |
| and load), 15-102 (width), 15-103 (height), 15-104 (name
|
24 |
| and address on second division vehicles), 15-107 (length of |
25 |
| vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
26 |
| 15-112 (weights), 15-301
(weights), 15-316 (weights), |
|
|
|
HB0518 |
- 18 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| 15-318 (weights), and also excepting the following
|
2 |
| enumerated Sections of the Chicago Municipal Code: |
3 |
| Sections 27-245 (following
fire apparatus), 27-254 |
4 |
| (obstruction of traffic), 27-258 (driving vehicle which
is |
5 |
| in unsafe condition), 27-259 (coasting on downgrade), |
6 |
| 27-264 (use of horns
and signal devices), 27-265 |
7 |
| (obstruction to driver's view or driver mechanism),
27-267 |
8 |
| (dimming of headlights), 27-268 (unattended motor |
9 |
| vehicle), 27-272
(illegal funeral procession), 27-273 |
10 |
| (funeral procession on boulevard), 27-275
(driving freight |
11 |
| hauling vehicles on boulevard), 27-276 (stopping and |
12 |
| standing
of buses or taxicabs), 27-277 (cruising of public |
13 |
| passenger vehicles), 27-305
(parallel parking), 27-306 |
14 |
| (diagonal parking), 27-307 (parking not to obstruct
|
15 |
| traffic), 27-308 (stopping, standing or parking |
16 |
| regulated), 27-311 (parking
regulations), 27-312 (parking |
17 |
| regulations), 27-313 (parking regulations),
27-314 |
18 |
| (parking regulations), 27-315 (parking regulations), |
19 |
| 27-316 (parking
regulations), 27-317 (parking |
20 |
| regulations), 27-318 (parking regulations),
27-319 |
21 |
| (parking regulations), 27-320 (parking regulations), |
22 |
| 27-321 (parking
regulations), 27-322 (parking |
23 |
| regulations), 27-324 (loading and
unloading at an angle), |
24 |
| 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
25 |
| the downtown district), 27-335 (load restrictions in
|
26 |
| residential areas), 27-338 (width of vehicles), 27-339 |
|
|
|
HB0518 |
- 19 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| (height of
vehicles), 27-340 (length of vehicles), 27-352 |
2 |
| (reflectors on trailers),
27-353 (mufflers), 27-354 |
3 |
| (display of plates), 27-355 (display of city
vehicle tax |
4 |
| sticker), 27-357 (identification of vehicles), 27-358
|
5 |
| (projecting of loads), and also excepting the following |
6 |
| enumerated
paragraphs of Section 2-201 of the Rules and |
7 |
| Regulations of the Illinois
State Toll Highway Authority: |
8 |
| (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
9 |
| transporting dangerous cargo not properly indicated), it
|
10 |
| shall be the duty of the clerk of the court in which such |
11 |
| conviction is
had within 5 days thereafter to forward to |
12 |
| the Secretary of State a report of
the conviction and the |
13 |
| court may recommend the suspension of the driver's
license |
14 |
| or permit of the person so convicted.
|
15 |
| The reporting requirements of this subsection shall apply |
16 |
| to all
violations stated in paragraphs (1) and (2) of this
|
17 |
| subsection when the
individual has been adjudicated under the |
18 |
| Juvenile Court Act or the
Juvenile Court Act of 1987. Such |
19 |
| reporting requirements shall also apply to
individuals |
20 |
| adjudicated under the Juvenile Court Act or the Juvenile Court |
21 |
| Act
of 1987 who have committed a violation of Section 11-501 of |
22 |
| this Code, or
similar provision of a local ordinance, or |
23 |
| Section 9-3 of the Criminal Code
of 1961, as amended, relating |
24 |
| to the offense of reckless homicide.
The reporting requirements |
25 |
| of this subsection shall also apply to
a truant minor in need |
26 |
| of supervision, an addicted
minor, or a delinquent minor and |
|
|
|
HB0518 |
- 20 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| whose driver's license and privilege to
drive a motor vehicle |
2 |
| has been ordered suspended for such times as determined
by the |
3 |
| Court, but only until he or she attains
18 years of age. It |
4 |
| shall be the duty of the clerk of the court in which
|
5 |
| adjudication is had within 5 days thereafter to forward to the |
6 |
| Secretary of
State a report of the adjudication and the court |
7 |
| order requiring the Secretary
of State to suspend the minor's |
8 |
| driver's license and driving privilege for such
time as |
9 |
| determined by the Court, but only until he or she attains the |
10 |
| age of 18
years. All juvenile court dispositions reported to |
11 |
| the Secretary of State
under this provision shall be processed |
12 |
| by the Secretary of State as if the
cases had been adjudicated |
13 |
| in traffic or criminal court. However, information
reported |
14 |
| relative to the offense of reckless homicide, or Section 11-501 |
15 |
| of
this Code, or a similar provision of a local ordinance, |
16 |
| shall be privileged
and available only to the Secretary of |
17 |
| State, courts, and police officers.
|
18 |
| The reporting requirements of this subsection (a) |
19 |
| apply to all violations listed in paragraphs (1) and (2) of |
20 |
| this subsection (a), excluding parking violations, when |
21 |
| the driver holds a CDL, regardless of the type of vehicle |
22 |
| in which the violation occurred, or when any driver |
23 |
| committed the violation in a commercial motor vehicle as |
24 |
| defined in Section 6-500 of this Code.
|
25 |
| (3) Whenever an order is entered vacating the |
26 |
| forfeiture of any
bail,
security or bond given to secure |
|
|
|
HB0518 |
- 21 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| appearance for any offense under this
Code or similar |
2 |
| offenses under municipal ordinance, it shall be the duty
of |
3 |
| the clerk of the court in which such vacation was had or |
4 |
| the judge of
such court if such court has no clerk, within |
5 |
| 5 days thereafter to
forward to the Secretary of State a |
6 |
| report of the vacation.
|
7 |
| (4) A report of any disposition of court supervision |
8 |
| for a
violation of
Sections 6-303, 11-401, 11-501 or a |
9 |
| similar provision of a local ordinance,
11-503 and 11-504 |
10 |
| shall be forwarded to the Secretary of State.
A report of |
11 |
| any disposition of court supervision for a violation of an |
12 |
| offense
defined as a serious traffic violation in this Code |
13 |
| or a similar provision of a
local ordinance committed by a |
14 |
| person under the age of 21 years shall be
forwarded to the |
15 |
| Secretary of State.
|
16 |
| (5) Reports of conviction
under this Code
and |
17 |
| sentencing hearings under the
Juvenile Court
Act of 1987 in |
18 |
| an electronic format
or a computer processible medium
shall
|
19 |
| be
forwarded to the Secretary of State via the Supreme |
20 |
| Court in the form and
format required by the Illinois |
21 |
| Supreme Court and established by a written
agreement |
22 |
| between the Supreme Court and the Secretary of State.
In |
23 |
| counties with a population over 300,000, instead of |
24 |
| forwarding reports to
the Supreme Court, reports of |
25 |
| conviction
under this Code
and sentencing hearings under |
26 |
| the
Juvenile Court Act of 1987 in an electronic format
or a |
|
|
|
HB0518 |
- 22 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| computer processible medium
may
be forwarded to the |
2 |
| Secretary of State by the Circuit Court Clerk in a form and
|
3 |
| format required by the Secretary of State and established |
4 |
| by written agreement
between the Circuit Court Clerk and |
5 |
| the Secretary of State. Failure to
forward the reports of |
6 |
| conviction or sentencing hearing under the Juvenile
Court |
7 |
| Act of 1987 as required by this Section shall be
deemed an |
8 |
| omission of duty and it shall be the duty of the several |
9 |
| State's
Attorneys to enforce the requirements of this |
10 |
| Section.
|
11 |
| (b) Whenever a restricted driving permit is forwarded to a |
12 |
| court, as a
result of confiscation by a police officer pursuant |
13 |
| to the authority in
Section 6-113(f), it shall be the duty of |
14 |
| the clerk, or judge, if the court
has no clerk, to forward such |
15 |
| restricted driving permit and a facsimile of
the officer's |
16 |
| citation to the Secretary of State as expeditiously as
|
17 |
| practicable.
|
18 |
| (c) For the purposes of this Code, a forfeiture of bail or |
19 |
| collateral
deposited to secure a defendant's appearance in |
20 |
| court when forfeiture
has not been vacated, or the failure of a |
21 |
| defendant to appear for trial
after depositing his driver's |
22 |
| license in lieu of other bail, shall be
equivalent to a |
23 |
| conviction.
|
24 |
| (d) For the purpose of providing the Secretary of State |
25 |
| with records
necessary to properly monitor and assess driver |
26 |
| performance and assist the
courts in the proper disposition of |
|
|
|
HB0518 |
- 23 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| repeat traffic law offenders, the clerk
of the court shall |
2 |
| forward to the Secretary of State,
on a form prescribed
by the |
3 |
| Secretary, records of a driver's participation in a driver |
4 |
| remedial
or rehabilitative program which was required, through |
5 |
| a court order or court
supervision, in relation to the driver's |
6 |
| arrest for a violation of Section
11-501 of this Code or a |
7 |
| similar provision of a local ordinance.
The clerk of the court |
8 |
| shall also forward to the Secretary, either on
paper or in an |
9 |
| electronic format or a computer processible medium as required
|
10 |
| under paragraph (5) of subsection (a) of this Section, any |
11 |
| disposition
of court supervision for any traffic violation,
|
12 |
| excluding those offenses listed in paragraph (2)
of subsection |
13 |
| (a) of this Section.
These reports
shall be sent within 5
days |
14 |
| after disposition, or, if
the driver is
referred to a driver
|
15 |
| remedial or rehabilitative program, within 5 days of the |
16 |
| driver's referral
to that program.
These reports received by |
17 |
| the Secretary of State, including those required to
be |
18 |
| forwarded under paragraph (a)(4), shall be privileged |
19 |
| information, available
only (i) to the affected driver , (ii) to |
20 |
| the parent or guardian of a person under the age of 18 years |
21 |
| holding an instruction permit or a graduated driver's license, |
22 |
| and (iii)
(ii) for use by the courts, police
officers, |
23 |
| prosecuting authorities, and the Secretary of State. In |
24 |
| accordance with 49 C.F.R. Part 384, all reports of court |
25 |
| supervision, except violations related to parking, shall be |
26 |
| forwarded to the Secretary of State for all holders of a CDL or |
|
|
|
HB0518 |
- 24 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| any driver who commits an offense while driving a commercial |
2 |
| motor vehicle. These reports shall be recorded to the driver's |
3 |
| record as a conviction for use in the disqualification of the |
4 |
| driver's commercial motor vehicle privileges and shall not be |
5 |
| privileged information.
|
6 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
|
7 |
| (625 ILCS 5/11-501.1) (from Ch. 95 1/2, par. 11-501.1)
|
8 |
| Sec. 11-501.1. Suspension of drivers license; statutory |
9 |
| summary
alcohol, other drug or drugs, or intoxicating compound |
10 |
| or
compounds related suspension; implied consent.
|
11 |
| (a) Any person who drives or is in actual physical control |
12 |
| of a motor
vehicle upon the public highways of this State shall |
13 |
| be deemed to have given
consent, subject to the provisions of |
14 |
| Section 11-501.2, to a chemical test or
tests of blood, breath, |
15 |
| or urine for the purpose of determining the content of
alcohol, |
16 |
| other drug or drugs, or intoxicating compound or compounds or
|
17 |
| any combination thereof in the person's blood if arrested,
as |
18 |
| evidenced by the issuance of a Uniform Traffic Ticket, for any |
19 |
| offense
as defined in Section 11-501 or a similar provision of |
20 |
| a local ordinance, or if arrested for violating Section 11-401.
|
21 |
| The test or tests shall be administered at the direction of the |
22 |
| arresting
officer. The law enforcement agency employing the |
23 |
| officer shall designate which
of the aforesaid tests shall be |
24 |
| administered. A urine test may be administered
even after a |
25 |
| blood or breath test or both has
been administered. For |
|
|
|
HB0518 |
- 25 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| purposes of this Section, an Illinois law
enforcement officer |
2 |
| of this State who is investigating the person for any
offense |
3 |
| defined in Section 11-501 may travel into an adjoining state, |
4 |
| where
the person has been transported for medical care, to |
5 |
| complete an
investigation and to request that the person submit |
6 |
| to the test or tests
set forth in this Section. The |
7 |
| requirements of this Section that the
person be arrested are |
8 |
| inapplicable, but the officer shall issue the person
a Uniform |
9 |
| Traffic Ticket for an offense as defined in Section 11-501 or a
|
10 |
| similar provision of a local ordinance prior to requesting that |
11 |
| the person
submit to the test or tests. The issuance of the |
12 |
| Uniform Traffic Ticket
shall not constitute an arrest, but |
13 |
| shall be for the purpose of notifying
the person that he or she |
14 |
| is subject to the provisions of this Section and
of the |
15 |
| officer's belief of the existence of probable cause to
arrest. |
16 |
| Upon returning to this State, the officer shall file the |
17 |
| Uniform
Traffic Ticket with the Circuit Clerk of the county |
18 |
| where the offense was
committed, and shall seek the issuance of |
19 |
| an arrest warrant or a summons
for the person.
|
20 |
| (b) Any person who is dead, unconscious, or who is |
21 |
| otherwise in a condition
rendering the person incapable of |
22 |
| refusal, shall be deemed not to have
withdrawn the consent |
23 |
| provided by paragraph (a) of this Section and the test or
tests |
24 |
| may be administered, subject to the provisions of Section |
25 |
| 11-501.2.
|
26 |
| (c) A person requested to submit to a test as provided |
|
|
|
HB0518 |
- 26 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| above shall
be warned by the law enforcement officer requesting |
2 |
| the test that a
refusal to submit to the test will result in |
3 |
| the statutory summary
suspension of the person's privilege to |
4 |
| operate a motor vehicle as provided
in Section 6-208.1 of this |
5 |
| Code. The person shall also be warned by the law
enforcement |
6 |
| officer that if the person submits to the test or tests
|
7 |
| provided in paragraph (a) of this Section and the alcohol |
8 |
| concentration in
the person's blood or breath is 0.08 or |
9 |
| greater, or any amount of
a
drug, substance, or compound |
10 |
| resulting from the unlawful use or consumption
of cannabis as |
11 |
| covered by the Cannabis Control Act, a controlled
substance
|
12 |
| listed in the Illinois Controlled Substances Act, or an |
13 |
| intoxicating compound
listed in the Use of Intoxicating |
14 |
| Compounds Act is detected in the person's
blood or urine, a |
15 |
| statutory summary suspension of the person's privilege to
|
16 |
| operate a motor vehicle, as provided in Sections 6-208.1 and |
17 |
| 11-501.1 of this
Code, will be imposed.
|
18 |
| A person who is under the age of 21 at the time the person |
19 |
| is requested to
submit to a test as provided above shall, in |
20 |
| addition to the warnings provided
for in this Section, be |
21 |
| further warned by the law enforcement officer
requesting the |
22 |
| test that if the person submits to the test or tests provided |
23 |
| in
paragraph (a) of this Section and the alcohol concentration |
24 |
| in the person's
blood or breath is greater than 0.00 and less |
25 |
| than 0.08, a
suspension of the
person's privilege to operate a |
26 |
| motor vehicle, as provided under Sections
6-208.2 and 11-501.8 |
|
|
|
HB0518 |
- 27 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| of this Code, will be imposed. The results of this test
shall |
2 |
| be admissible in a civil or criminal action or proceeding |
3 |
| arising from an
arrest for an offense as defined in Section |
4 |
| 11-501 of this Code or a similar
provision of a local ordinance |
5 |
| or pursuant to Section 11-501.4 in prosecutions
for reckless |
6 |
| homicide brought under the Criminal Code of 1961. These test
|
7 |
| results, however, shall be admissible only in actions or |
8 |
| proceedings directly
related to the incident upon which the |
9 |
| test request was made.
|
10 |
| (d) If the person refuses testing or submits to a test that |
11 |
| discloses
an alcohol concentration of 0.08 or more, or any |
12 |
| amount of a drug,
substance, or intoxicating compound in the |
13 |
| person's breath, blood,
or urine resulting from the
unlawful |
14 |
| use or consumption of cannabis listed in the Cannabis Control |
15 |
| Act, a controlled substance listed in the Illinois Controlled |
16 |
| Substances
Act, or an intoxicating compound listed in the Use |
17 |
| of Intoxicating Compounds
Act, the law enforcement officer |
18 |
| shall immediately submit a sworn report to
the
circuit court of |
19 |
| venue and the Secretary of State, certifying that the test or
|
20 |
| tests was or were requested under paragraph (a) and the person |
21 |
| refused to
submit to a test, or tests, or submitted to testing |
22 |
| that disclosed an alcohol
concentration of 0.08 or more.
|
23 |
| (e) Upon receipt of the sworn report of a law enforcement |
24 |
| officer
submitted under paragraph (d), the Secretary of State |
25 |
| shall enter the
statutory summary suspension for the periods |
26 |
| specified in Section 6-208.1,
and effective as provided in |
|
|
|
HB0518 |
- 28 - |
LRB095 05320 DRH 27129 b |
|
|
1 |
| paragraph (g).
|
2 |
| If the person is a first offender as defined in Section |
3 |
| 11-500 of this
Code, and is not convicted of a violation of |
4 |
| Section 11-501
of this Code or a similar provision of a local |
5 |
| ordinance, then reports
received by the Secretary of State |
6 |
| under this Section shall, except during
the actual time the |
7 |
| Statutory Summary Suspension is in effect, be
privileged |
8 |
| information and for use only by the courts, police officers,
|
9 |
| prosecuting authorities or the Secretary of State. Reports |
10 |
| received by the Secretary of State under this Section shall |
11 |
| also be made available to the parent or guardian of a person |
12 |
| under the age of 18 years that holds an instruction permit or a |
13 |
| graduated driver's license, regardless of whether the |
14 |
| statutory summary suspension is in effect.
|
15 |
| (f) The law enforcement officer submitting the sworn report |
16 |
| under paragraph
(d) shall serve immediate notice of the |
17 |
| statutory summary suspension on the
person and the suspension |
18 |
| shall be effective as provided in paragraph (g). In
cases where |
19 |
| the blood alcohol concentration of 0.08 or greater or
any |
20 |
| amount of
a drug, substance, or compound resulting from the |
21 |
| unlawful use or consumption
of cannabis as covered by the |
22 |
| Cannabis Control Act, a controlled
substance
listed in the |
23 |
| Illinois Controlled Substances Act, or an intoxicating |
24 |
| compound
listed in the Use of Intoxicating Compounds Act is |
25 |
| established by a
subsequent
analysis of blood or urine |
26 |
| collected at the time of arrest, the arresting
officer or |
|
|
|
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LRB095 05320 DRH 27129 b |
|
|
1 |
| arresting agency shall give notice as provided in this Section |
2 |
| or by
deposit in the United States mail of the notice in an |
3 |
| envelope with postage
prepaid and addressed to the person at |
4 |
| his address as shown on the Uniform
Traffic Ticket and the |
5 |
| statutory summary suspension shall begin as provided in
|
6 |
| paragraph (g). The officer shall confiscate any Illinois |
7 |
| driver's license or
permit on the person at the time of arrest. |
8 |
| If the person has a valid driver's
license or permit, the |
9 |
| officer shall issue the person a receipt, in
a form prescribed |
10 |
| by the Secretary of State, that will allow that person
to drive |
11 |
| during the periods provided for in paragraph (g). The officer
|
12 |
| shall immediately forward the driver's license or permit to the |
13 |
| circuit
court of venue along with the sworn report provided for |
14 |
| in
paragraph (d).
|
15 |
| (g) The statutory summary suspension referred to in this |
16 |
| Section shall
take effect on the 46th day following the date |
17 |
| the notice of the statutory
summary suspension was given to the |
18 |
| person.
|
19 |
| (h) The following procedure shall apply
whenever a person |
20 |
| is arrested for any offense as defined in Section 11-501
or a |
21 |
| similar provision of a local ordinance:
|
22 |
| Upon receipt of the sworn report from the law enforcement |
23 |
| officer,
the Secretary of State shall confirm the statutory |
24 |
| summary suspension by
mailing a notice of the effective date of |
25 |
| the suspension to the person and
the court of venue. However, |
26 |
| should the sworn report be defective by not
containing |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| sufficient information or be completed in error, the
|
2 |
| confirmation of the statutory summary suspension shall not be |
3 |
| mailed to the
person or entered to the record; instead, the |
4 |
| sworn report shall
be
forwarded to the court of venue with a |
5 |
| copy returned to the issuing agency
identifying any defect.
|
6 |
| (Source: P.A. 94-115, eff. 1-1-06.)
|
7 |
| (625 ILCS 5/11-501.8)
|
8 |
| Sec. 11-501.8. Suspension of driver's license; persons |
9 |
| under age 21.
|
10 |
| (a) A person who is less than 21 years of age and who |
11 |
| drives or
is in actual physical control of a motor vehicle upon |
12 |
| the
public highways of this State shall be deemed to have given |
13 |
| consent to a
chemical test or tests of blood, breath, or urine |
14 |
| for the purpose of
determining the alcohol content of the |
15 |
| person's blood if arrested, as evidenced
by the issuance of a |
16 |
| Uniform Traffic Ticket for any violation of the Illinois
|
17 |
| Vehicle Code or a similar provision of a local ordinance, if a |
18 |
| police officer
has probable cause to believe that the driver |
19 |
| has consumed any amount of an
alcoholic beverage based upon |
20 |
| evidence of the driver's physical condition or
other first hand |
21 |
| knowledge of the police officer. The test or tests shall be
|
22 |
| administered at the direction of the arresting officer. The law |
23 |
| enforcement
agency employing the officer shall designate which |
24 |
| of the aforesaid tests shall
be administered. A urine test may |
25 |
| be administered even after a blood or
breath test or both has |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
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|
1 |
| been administered.
|
2 |
| (b) A person who is dead, unconscious, or who is otherwise |
3 |
| in a condition
rendering that person incapable of refusal, |
4 |
| shall be deemed not to have
withdrawn the consent provided by |
5 |
| paragraph (a) of this Section and the test or
tests may be |
6 |
| administered subject to the following provisions:
|
7 |
| (i) Chemical analysis of the person's blood, urine, |
8 |
| breath, or
other bodily substance, to be considered valid |
9 |
| under the provisions of this
Section, shall have been |
10 |
| performed according to standards promulgated by the |
11 |
| Department of State
Police
by an individual possessing a |
12 |
| valid permit issued by that Department for this
purpose. |
13 |
| The Director of State Police is authorized to approve |
14 |
| satisfactory
techniques or methods, to ascertain the |
15 |
| qualifications and competence of
individuals to conduct |
16 |
| analyses, to issue permits that shall be subject to
|
17 |
| termination or revocation at the direction of that |
18 |
| Department, and to certify
the accuracy of breath testing |
19 |
| equipment. The Department of
State Police shall prescribe |
20 |
| regulations as necessary.
|
21 |
| (ii) When a person submits to a blood test at the |
22 |
| request of a law
enforcement officer under the provisions |
23 |
| of this Section, only a physician
authorized to practice |
24 |
| medicine, a registered nurse, or other qualified person
|
25 |
| trained in venipuncture and acting under the direction of a |
26 |
| licensed physician
may withdraw blood for the purpose of |
|
|
|
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LRB095 05320 DRH 27129 b |
|
|
1 |
| determining the alcohol content therein.
This limitation |
2 |
| does not apply to the taking of breath or urine specimens.
|
3 |
| (iii) The person tested may have a physician, qualified |
4 |
| technician,
chemist, registered nurse, or other qualified |
5 |
| person of his or her own choosing
administer a chemical |
6 |
| test or tests in addition to any test or tests
administered |
7 |
| at the direction of a law enforcement officer. The failure |
8 |
| or
inability to obtain an additional test by a person shall |
9 |
| not preclude the
consideration of the previously performed |
10 |
| chemical test.
|
11 |
| (iv) Upon a request of the person who submits to a |
12 |
| chemical test or
tests at the request of a law enforcement |
13 |
| officer, full information concerning
the test or tests |
14 |
| shall be made available to the person or that person's
|
15 |
| attorney.
|
16 |
| (v) Alcohol concentration means either grams of |
17 |
| alcohol per 100
milliliters of blood or grams of alcohol |
18 |
| per 210 liters of breath.
|
19 |
| (vi) If a driver is receiving medical treatment as a |
20 |
| result of a motor
vehicle accident, a physician licensed to |
21 |
| practice medicine, registered nurse,
or other qualified |
22 |
| person trained in venipuncture and
acting under the |
23 |
| direction of a licensed physician shall
withdraw blood for |
24 |
| testing purposes to ascertain the presence of alcohol upon
|
25 |
| the specific request of a law enforcement officer. However, |
26 |
| that testing
shall not be performed until, in the opinion |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| of the medical personnel on scene,
the withdrawal can be |
2 |
| made without interfering with or endangering the
|
3 |
| well-being of the patient.
|
4 |
| (c) A person requested to submit to a test as provided |
5 |
| above shall be warned
by the law enforcement officer requesting |
6 |
| the test that a refusal to submit to
the test, or submission to |
7 |
| the test resulting in an alcohol concentration of
more than |
8 |
| 0.00, may result in the loss of that person's privilege to |
9 |
| operate a
motor vehicle. The loss of driving privileges shall |
10 |
| be imposed in accordance
with Section 6-208.2 of this Code.
|
11 |
| (d) If the person refuses testing or submits to a test that |
12 |
| discloses an
alcohol concentration of more than 0.00, the law |
13 |
| enforcement officer shall
immediately submit a sworn report to |
14 |
| the Secretary of State on a form
prescribed by the Secretary of |
15 |
| State, certifying that the test or tests were
requested under |
16 |
| subsection (a) and the person refused to submit to a test
or |
17 |
| tests or submitted to testing which disclosed an alcohol |
18 |
| concentration of
more than 0.00. The law enforcement officer |
19 |
| shall submit the same sworn report
when a person under the age |
20 |
| of 21 submits to testing under Section
11-501.1 of this Code |
21 |
| and the testing discloses an alcohol concentration of
more than |
22 |
| 0.00 and less than 0.08.
|
23 |
| Upon receipt of the sworn report of a law enforcement |
24 |
| officer, the Secretary
of State shall enter the driver's |
25 |
| license sanction on the individual's driving
record and the |
26 |
| sanctions shall be effective on the 46th day following the date
|
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
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|
1 |
| notice of the sanction was given to the person. If this |
2 |
| sanction is the
individual's first driver's license suspension |
3 |
| under this Section, reports
received by the Secretary of State |
4 |
| under this Section shall, except during the
time the suspension |
5 |
| is in effect, be privileged information and for use only by
the |
6 |
| courts, police officers, prosecuting authorities, the |
7 |
| Secretary of State,
or the individual personally. Reports |
8 |
| received by the Secretary of State under this Section shall |
9 |
| also be made available to the parent or guardian of a person |
10 |
| under the age of 18 years that holds an instruction permit or a |
11 |
| graduated driver's license, regardless of whether the |
12 |
| suspension is in effect.
|
13 |
| The law enforcement officer submitting the sworn report |
14 |
| shall serve immediate
notice of this driver's license sanction |
15 |
| on the person and the sanction shall
be effective on the 46th |
16 |
| day following the date notice was given.
|
17 |
| In cases where the blood alcohol concentration of more than |
18 |
| 0.00 is
established by a subsequent analysis of blood or urine, |
19 |
| the police officer or
arresting agency shall give notice as |
20 |
| provided in this Section or by deposit
in the United States |
21 |
| mail of that notice in an envelope with postage prepaid
and |
22 |
| addressed to that person at his last known address and the loss |
23 |
| of driving
privileges shall be effective on the 46th day |
24 |
| following the date notice was
given.
|
25 |
| Upon receipt of the sworn report of a law enforcement |
26 |
| officer, the Secretary
of State shall also give notice of the |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| driver's license sanction to the driver
by mailing a notice of |
2 |
| the effective date of the sanction to the individual.
However, |
3 |
| should the sworn report be defective by not containing |
4 |
| sufficient
information or be completed in error, the notice of |
5 |
| the driver's license
sanction may not be mailed to the person |
6 |
| or entered to the driving record,
but rather the sworn report |
7 |
| shall be returned to the issuing law enforcement
agency.
|
8 |
| (e) A driver may contest this driver's license sanction by |
9 |
| requesting an
administrative hearing with the Secretary of |
10 |
| State in accordance with Section
2-118 of this Code. An |
11 |
| individual whose blood alcohol concentration is shown
to be |
12 |
| more than 0.00 is not subject to this Section if he or she |
13 |
| consumed
alcohol in the performance of a religious service or |
14 |
| ceremony. An individual
whose blood alcohol concentration is |
15 |
| shown to be more than 0.00 shall not be
subject to this Section |
16 |
| if the individual's blood alcohol concentration
resulted only |
17 |
| from ingestion of the prescribed or recommended dosage of
|
18 |
| medicine that contained alcohol. The petition for that hearing |
19 |
| shall not stay
or delay the effective date of the impending |
20 |
| suspension. The scope of this
hearing shall be limited to the |
21 |
| issues of:
|
22 |
| (1) whether the police officer had probable cause to |
23 |
| believe that the
person was driving or in actual physical |
24 |
| control of a motor vehicle upon the
public highways of the |
25 |
| State and the police officer had reason to believe that
the |
26 |
| person was in violation of any provision of the Illinois |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| Vehicle Code or a
similar provision of a local ordinance; |
2 |
| and
|
3 |
| (2) whether the person was issued a Uniform Traffic |
4 |
| Ticket for any
violation of the Illinois Vehicle Code or a |
5 |
| similar provision of a local
ordinance; and
|
6 |
| (3) whether the police officer had probable cause to |
7 |
| believe that the
driver
had consumed any amount of an |
8 |
| alcoholic beverage based upon the driver's
physical |
9 |
| actions or other first-hand knowledge of the police |
10 |
| officer; and
|
11 |
| (4) whether the person, after being advised by the |
12 |
| officer that the
privilege to operate a motor vehicle would |
13 |
| be suspended if the person refused
to submit to and |
14 |
| complete the test or tests, did refuse to submit to or
|
15 |
| complete the test or tests to determine the person's |
16 |
| alcohol concentration;
and
|
17 |
| (5) whether the person, after being advised by the |
18 |
| officer that the
privileges to operate a motor vehicle |
19 |
| would be suspended if the person submits
to a chemical test |
20 |
| or tests and the test or tests disclose an alcohol
|
21 |
| concentration of more than 0.00, did submit to and
complete |
22 |
| the
test or tests that determined an alcohol concentration |
23 |
| of more than 0.00; and
|
24 |
| (6) whether the test result of an alcohol concentration |
25 |
| of more than 0.00
was based upon the person's consumption |
26 |
| of alcohol in the performance of a
religious service or |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| ceremony; and
|
2 |
| (7) whether the test result of an alcohol concentration |
3 |
| of more than 0.00
was based upon the person's consumption |
4 |
| of alcohol through ingestion of the
prescribed or |
5 |
| recommended dosage of medicine.
|
6 |
| Provided that the petitioner may subpoena the officer, the |
7 |
| hearing may be
conducted upon a review of the law enforcement |
8 |
| officer's own official reports.
Failure of the officer to |
9 |
| answer the subpoena shall be grounds for a
continuance if, in |
10 |
| the hearing officer's discretion, the continuance is
|
11 |
| appropriate. At the conclusion of the hearing held under |
12 |
| Section 2-118 of
this Code, the Secretary of State may rescind, |
13 |
| continue, or modify the driver's
license sanction. If the |
14 |
| Secretary of State does not rescind the sanction, a
restricted |
15 |
| driving permit may be granted by the Secretary of State upon
|
16 |
| application being made and good cause shown. A restricted |
17 |
| driving permit may be
granted to relieve undue hardship by |
18 |
| allowing driving for employment,
educational, and medical |
19 |
| purposes as outlined in item (3) of part (c) of
Section 6-206 |
20 |
| of this Code. The provisions of item (3) of part (c) of Section
|
21 |
| 6-206 of this Code and of subsection (f) of that Section shall |
22 |
| apply. The Secretary of State shall promulgate rules
providing |
23 |
| for participation in an alcohol education and awareness program |
24 |
| or
activity, a drug education and awareness program or |
25 |
| activity, or both as a
condition to the issuance of a |
26 |
| restricted driving permit for suspensions
imposed under this |
|
|
|
HB0518 |
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LRB095 05320 DRH 27129 b |
|
|
1 |
| Section.
|
2 |
| (f) The results of any chemical testing performed in |
3 |
| accordance with
subsection (a) of this Section are not |
4 |
| admissible in any civil or criminal
proceeding, except that the |
5 |
| results of the testing may be considered at a
hearing held |
6 |
| under Section 2-118 of this Code. However, the results of
the |
7 |
| testing may not be used to impose driver's license sanctions |
8 |
| under
Section 11-501.1 of this Code. A law enforcement officer |
9 |
| may, however, pursue
a statutory summary suspension of driving |
10 |
| privileges under Section 11-501.1 of
this Code if other |
11 |
| physical evidence or first hand knowledge forms the basis
of |
12 |
| that suspension.
|
13 |
| (g) This Section applies only to drivers who are under
age |
14 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for |
15 |
| a
violation of the Illinois Vehicle Code or a similar provision |
16 |
| of a local
ordinance, and a chemical test request is made under |
17 |
| this Section.
|
18 |
| (h) The action of the Secretary of State in suspending, |
19 |
| revoking, or
denying any license, permit, registration, or |
20 |
| certificate of title shall be
subject to judicial review in the |
21 |
| Circuit Court of Sangamon County or in the
Circuit Court of |
22 |
| Cook County, and the provisions of the Administrative Review
|
23 |
| Law and its rules are hereby adopted and shall apply to and |
24 |
| govern every action
for the judicial review of final acts or |
25 |
| decisions of the Secretary of State
under this Section.
|
26 |
| (Source: P.A. 94-307, eff. 9-30-05.)
|