HB1080 Enrolled LRB095 04297 DRH 24338 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-103, 6-204, and 6-205 as follows:
 
6     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
7     Sec. 6-103. What persons shall not be licensed as drivers
8 or granted permits. The Secretary of State shall not issue,
9 renew, or allow the retention of any driver's license nor issue
10 any permit under this Code:
11         1. To any person, as a driver, who is under the age of
12     18 years except as provided in Section 6-107, and except
13     that an instruction permit may be issued under Section
14     6-107.1 to a child who is not less than 15 years of age if
15     the child is enrolled in an approved driver education
16     course as defined in Section 1-103 of this Code and
17     requires an instruction permit to participate therein,
18     except that an instruction permit may be issued under the
19     provisions of Section 6-107.1 to a child who is 17 years
20     and 9 months of age without the child having enrolled in an
21     approved driver education course and except that an
22     instruction permit may be issued to a child who is at least
23     15 years and 6 months of age, is enrolled in school, meets

 

 

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1     the educational requirements of the Driver Education Act,
2     and has passed examinations the Secretary of State in his
3     or her discretion may prescribe;
4         2. To any person who is under the age of 18 as an
5     operator of a motorcycle other than a motor driven cycle
6     unless the person has, in addition to meeting the
7     provisions of Section 6-107 of this Code, successfully
8     completed a motorcycle training course approved by the
9     Illinois Department of Transportation and successfully
10     completes the required Secretary of State's motorcycle
11     driver's examination;
12         3. To any person, as a driver, whose driver's license
13     or permit has been suspended, during the suspension, nor to
14     any person whose driver's license or permit has been
15     revoked, except as provided in Sections 6-205, 6-206, and
16     6-208;
17         4. To any person, as a driver, who is a user of alcohol
18     or any other drug to a degree that renders the person
19     incapable of safely driving a motor vehicle;
20         5. To any person, as a driver, who has previously been
21     adjudged to be afflicted with or suffering from any mental
22     or physical disability or disease and who has not at the
23     time of application been restored to competency by the
24     methods provided by law;
25         6. To any person, as a driver, who is required by the
26     Secretary of State to submit an alcohol and drug evaluation

 

 

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1     or take an examination provided for in this Code unless the
2     person has successfully passed the examination and
3     submitted any required evaluation;
4         7. To any person who is required under the provisions
5     of the laws of this State to deposit security or proof of
6     financial responsibility and who has not deposited the
7     security or proof;
8         8. To any person when the Secretary of State has good
9     cause to believe that the person by reason of physical or
10     mental disability would not be able to safely operate a
11     motor vehicle upon the highways, unless the person shall
12     furnish to the Secretary of State a verified written
13     statement, acceptable to the Secretary of State, from a
14     competent medical specialist to the effect that the
15     operation of a motor vehicle by the person would not be
16     inimical to the public safety;
17         9. To any person, as a driver, who is 69 years of age
18     or older, unless the person has successfully complied with
19     the provisions of Section 6-109;
20         10. To any person convicted, within 12 months of
21     application for a license, of any of the sexual offenses
22     enumerated in paragraph 2 of subsection (b) of Section
23     6-205;
24         11. To any person who is under the age of 21 years with
25     a classification prohibited in paragraph (b) of Section
26     6-104 and to any person who is under the age of 18 years

 

 

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1     with a classification prohibited in paragraph (c) of
2     Section 6-104;
3         12. To any person who has been either convicted of or
4     adjudicated under the Juvenile Court Act of 1987 based upon
5     a violation of the Cannabis Control Act, the Illinois
6     Controlled Substances Act, or the Methamphetamine Control
7     and Community Protection Act while that person was in
8     actual physical control of a motor vehicle. For purposes of
9     this Section, any person placed on probation under Section
10     10 of the Cannabis Control Act, Section 410 of the Illinois
11     Controlled Substances Act, or Section 70 of the
12     Methamphetamine Control and Community Protection Act shall
13     not be considered convicted. Any person found guilty of
14     this offense, while in actual physical control of a motor
15     vehicle, shall have an entry made in the court record by
16     the judge that this offense did occur while the person was
17     in actual physical control of a motor vehicle and order the
18     clerk of the court to report the violation to the Secretary
19     of State as such. The Secretary of State shall not issue a
20     new license or permit for a period of one year;
21         13. To any person who is under the age of 18 years and
22     who has committed the offense of operating a motor vehicle
23     without a valid license or permit in violation of Section
24     6-101;
25         14. To any person who is 90 days or more delinquent in
26     court ordered child support payments or has been

 

 

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1     adjudicated in arrears in an amount equal to 90 days'
2     obligation or more and who has been found in contempt of
3     court for failure to pay the support, subject to the
4     requirements and procedures of Article VII of Chapter 7 of
5     the Illinois Vehicle Code;
6         15. To any person released from a term of imprisonment
7     for violating Section 9-3 of the Criminal Code of 1961 or a
8     similar provision of a law of another state relating to
9     reckless homicide or for violating subparagraph (F) of
10     paragraph (1) of subsection (d) of Section 11-501 of this
11     Code relating to aggravated driving under the influence of
12     alcohol, other drug or drugs, intoxicating compound or
13     compounds, or any combination thereof, if the violation was
14     the proximate cause of a death, within 24 months of release
15     from a term of imprisonment;
16         16. To any person who, with intent to influence any act
17     related to the issuance of any driver's license or permit,
18     by an employee of the Secretary of State's Office, or the
19     owner or employee of any commercial driver training school
20     licensed by the Secretary of State, or any other individual
21     authorized by the laws of this State to give driving
22     instructions or administer all or part of a driver's
23     license examination, promises or tenders to that person any
24     property or personal advantage which that person is not
25     authorized by law to accept. Any persons promising or
26     tendering such property or personal advantage shall be

 

 

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1     disqualified from holding any class of driver's license or
2     permit for 120 consecutive days. The Secretary of State
3     shall establish by rule the procedures for implementing
4     this period of disqualification and the procedures by which
5     persons so disqualified may obtain administrative review
6     of the decision to disqualify; or
7         17. To any person for whom the Secretary of State
8     cannot verify the accuracy of any information or
9     documentation submitted in application for a driver's
10     license; or .
11         18. To any person who has been adjudicated under the
12     Juvenile Court Act of 1987 based upon an offense that is
13     determined by the court to have been committed in
14     furtherance of the criminal activities of an organized
15     gang, as provided in Section 5-710 of that Act, and that
16     involved the operation or use of a motor vehicle or the use
17     of a driver's license or permit. The person shall be denied
18     a license or permit for the period determined by the court.
19     The Secretary of State shall retain all conviction
20 information, if the information is required to be held
21 confidential under the Juvenile Court Act of 1987.
22 (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
23 eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
24 eff. 9-11-05.)
 
25     (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)

 

 

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1     Sec. 6-204. When Court to forward License and Reports.
2     (a) For the purpose of providing to the Secretary of State
3 the records essential to the performance of the Secretary's
4 duties under this Code to cancel, revoke or suspend the
5 driver's license and privilege to drive motor vehicles of
6 certain minors adjudicated truant minors in need of
7 supervision, addicted, or delinquent and of persons found
8 guilty of the criminal offenses or traffic violations which
9 this Code recognizes as evidence relating to unfitness to
10 safely operate motor vehicles, the following duties are imposed
11 upon public officials:
12         (1) Whenever any person is convicted of any offense for
13     which this Code makes mandatory the cancellation or
14     revocation of the driver's license or permit of such person
15     by the Secretary of State, the judge of the court in which
16     such conviction is had shall require the surrender to the
17     clerk of the court of all driver's licenses or permits then
18     held by the person so convicted, and the clerk of the court
19     shall, within 5 days thereafter, forward the same, together
20     with a report of such conviction, to the Secretary.
21         (2) Whenever any person is convicted of any offense
22     under this Code or similar offenses under a municipal
23     ordinance, other than regulations governing standing,
24     parking or weights of vehicles, and excepting the following
25     enumerated Sections of this Code: Sections 11-1406
26     (obstruction to driver's view or control), 11-1407

 

 

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1     (improper opening of door into traffic), 11-1410 (coasting
2     on downgrade), 11-1411 (following fire apparatus),
3     11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
4     vehicle which is in unsafe condition or improperly
5     equipped), 12-201(a) (daytime lights on motorcycles),
6     12-202 (clearance, identification and side marker lamps),
7     12-204 (lamp or flag on projecting load), 12-205 (failure
8     to display the safety lights required), 12-401
9     (restrictions as to tire equipment), 12-502 (mirrors),
10     12-503 (windshields must be unobstructed and equipped with
11     wipers), 12-601 (horns and warning devices), 12-602
12     (mufflers, prevention of noise or smoke), 12-603 (seat
13     safety belts), 12-702 (certain vehicles to carry flares or
14     other warning devices), 12-703 (vehicles for oiling roads
15     operated on highways), 12-710 (splash guards and
16     replacements), 13-101 (safety tests), 15-101 (size, weight
17     and load), 15-102 (width), 15-103 (height), 15-104 (name
18     and address on second division vehicles), 15-107 (length of
19     vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
20     15-112 (weights), 15-301 (weights), 15-316 (weights),
21     15-318 (weights), and also excepting the following
22     enumerated Sections of the Chicago Municipal Code:
23     Sections 27-245 (following fire apparatus), 27-254
24     (obstruction of traffic), 27-258 (driving vehicle which is
25     in unsafe condition), 27-259 (coasting on downgrade),
26     27-264 (use of horns and signal devices), 27-265

 

 

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1     (obstruction to driver's view or driver mechanism), 27-267
2     (dimming of headlights), 27-268 (unattended motor
3     vehicle), 27-272 (illegal funeral procession), 27-273
4     (funeral procession on boulevard), 27-275 (driving freight
5     hauling vehicles on boulevard), 27-276 (stopping and
6     standing of buses or taxicabs), 27-277 (cruising of public
7     passenger vehicles), 27-305 (parallel parking), 27-306
8     (diagonal parking), 27-307 (parking not to obstruct
9     traffic), 27-308 (stopping, standing or parking
10     regulated), 27-311 (parking regulations), 27-312 (parking
11     regulations), 27-313 (parking regulations), 27-314
12     (parking regulations), 27-315 (parking regulations),
13     27-316 (parking regulations), 27-317 (parking
14     regulations), 27-318 (parking regulations), 27-319
15     (parking regulations), 27-320 (parking regulations),
16     27-321 (parking regulations), 27-322 (parking
17     regulations), 27-324 (loading and unloading at an angle),
18     27-333 (wheel and axle loads), 27-334 (load restrictions in
19     the downtown district), 27-335 (load restrictions in
20     residential areas), 27-338 (width of vehicles), 27-339
21     (height of vehicles), 27-340 (length of vehicles), 27-352
22     (reflectors on trailers), 27-353 (mufflers), 27-354
23     (display of plates), 27-355 (display of city vehicle tax
24     sticker), 27-357 (identification of vehicles), 27-358
25     (projecting of loads), and also excepting the following
26     enumerated paragraphs of Section 2-201 of the Rules and

 

 

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1     Regulations of the Illinois State Toll Highway Authority:
2     (l) (driving unsafe vehicle on tollway), (m) (vehicles
3     transporting dangerous cargo not properly indicated), it
4     shall be the duty of the clerk of the court in which such
5     conviction is had within 5 days thereafter to forward to
6     the Secretary of State a report of the conviction and the
7     court may recommend the suspension of the driver's license
8     or permit of the person so convicted.
9     The reporting requirements of this subsection shall apply
10 to all violations stated in paragraphs (1) and (2) of this
11 subsection when the individual has been adjudicated under the
12 Juvenile Court Act or the Juvenile Court Act of 1987. Such
13 reporting requirements shall also apply to individuals
14 adjudicated under the Juvenile Court Act or the Juvenile Court
15 Act of 1987 who have committed a violation of Section 11-501 of
16 this Code, or similar provision of a local ordinance, or
17 Section 9-3 of the Criminal Code of 1961, as amended, relating
18 to the offense of reckless homicide. These reporting
19 requirements also apply to individuals adjudicated under the
20 Juvenile Court Act of 1987 based on any offense determined to
21 have been committed in furtherance of the criminal activities
22 of an organized gang, as provided in Section 5-710 of that Act,
23 and that involved the operation or use of a motor vehicle or
24 the use of a driver's license or permit. The reporting
25 requirements of this subsection shall also apply to a truant
26 minor in need of supervision, an addicted minor, or a

 

 

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1 delinquent minor and whose driver's license and privilege to
2 drive a motor vehicle has been ordered suspended for such times
3 as determined by the Court, but only until he or she attains 18
4 years of age. It shall be the duty of the clerk of the court in
5 which adjudication is had within 5 days thereafter to forward
6 to the Secretary of State a report of the adjudication and the
7 court order requiring the Secretary of State to suspend the
8 minor's 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

 

 

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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

 

 

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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

 

 

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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 and (ii)
20 for use by the courts, police officers, prosecuting
21 authorities, and the Secretary of State. In accordance with 49
22 C.F.R. Part 384, all reports of court supervision, except
23 violations related to parking, shall be forwarded to the
24 Secretary of State for all holders of a CDL or any driver who
25 commits an offense while driving a commercial motor vehicle.
26 These reports shall be recorded to the driver's record as a

 

 

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1 conviction for use in the disqualification of the driver's
2 commercial motor vehicle privileges and shall not be privileged
3 information.
4 (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
 
5     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
6     Sec. 6-205. Mandatory revocation of license or permit;
7 Hardship cases.
8     (a) Except as provided in this Section, the Secretary of
9 State shall immediately revoke the license, permit, or driving
10 privileges of any driver upon receiving a report of the
11 driver's conviction of any of the following offenses:
12         1. Reckless homicide resulting from the operation of a
13     motor vehicle;
14         2. Violation of Section 11-501 of this Code or a
15     similar provision of a local ordinance relating to the
16     offense of operating or being in physical control of a
17     vehicle while under the influence of alcohol, other drug or
18     drugs, intoxicating compound or compounds, or any
19     combination thereof;
20         3. Any felony under the laws of any State or the
21     federal government in the commission of which a motor
22     vehicle was used;
23         4. Violation of Section 11-401 of this Code relating to
24     the offense of leaving the scene of a traffic accident
25     involving death or personal injury;

 

 

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1         5. Perjury or the making of a false affidavit or
2     statement under oath to the Secretary of State under this
3     Code or under any other law relating to the ownership or
4     operation of motor vehicles;
5         6. Conviction upon 3 charges of violation of Section
6     11-503 of this Code relating to the offense of reckless
7     driving committed within a period of 12 months;
8         7. Conviction of any offense defined in Section 4-102
9     of this Code;
10         8. Violation of Section 11-504 of this Code relating to
11     the offense of drag racing;
12         9. Violation of Chapters 8 and 9 of this Code;
13         10. Violation of Section 12-5 of the Criminal Code of
14     1961 arising from the use of a motor vehicle;
15         11. Violation of Section 11-204.1 of this Code relating
16     to aggravated fleeing or attempting to elude a peace
17     officer;
18         12. Violation of paragraph (1) of subsection (b) of
19     Section 6-507, or a similar law of any other state,
20     relating to the unlawful operation of a commercial motor
21     vehicle;
22         13. Violation of paragraph (a) of Section 11-502 of
23     this Code or a similar provision of a local ordinance if
24     the driver has been previously convicted of a violation of
25     that Section or a similar provision of a local ordinance
26     and the driver was less than 21 years of age at the time of

 

 

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1     the offense.
2     (b) The Secretary of State shall also immediately revoke
3 the license or permit of any driver in the following
4 situations:
5         1. Of any minor upon receiving the notice provided for
6     in Section 5-901 of the Juvenile Court Act of 1987 that the
7     minor has been adjudicated under that Act as having
8     committed an offense relating to motor vehicles prescribed
9     in Section 4-103 of this Code;
10         2. Of any person when any other law of this State
11     requires either the revocation or suspension of a license
12     or permit; .
13         3. Of any person adjudicated under the Juvenile Court
14     Act of 1987 based on an offense determined to have been
15     committed in furtherance of the criminal activities of an
16     organized gang as provided in Section 5-710 of that Act,
17     and that involved the operation or use of a motor vehicle
18     or the use of a driver's license or permit. The revocation
19     shall remain in effect for the period determined by the
20     court. Upon the direction of the court, the Secretary shall
21     issue the person a judicial driving permit, also known as a
22     JDP. The JDP shall be subject to the same terms as a JDP
23     issued under Section 6-206.1, except that the court may
24     direct that a JDP issued under this subdivision (b)(3) be
25     effective immediately.
26     (c) Whenever a person is convicted of any of the offenses

 

 

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1 enumerated in this Section, the court may recommend and the
2 Secretary of State in his discretion, without regard to whether
3 the recommendation is made by the court may, upon application,
4 issue to the person a restricted driving permit granting the
5 privilege of driving a motor vehicle between the petitioner's
6 residence and petitioner's place of employment or within the
7 scope of the petitioner's employment related duties, or to
8 allow transportation for the petitioner or a household member
9 of the petitioner's family for the receipt of necessary medical
10 care or, if the professional evaluation indicates, provide
11 transportation for the petitioner for alcohol remedial or
12 rehabilitative activity, or for the petitioner to attend
13 classes, as a student, in an accredited educational
14 institution; if the petitioner is able to demonstrate that no
15 alternative means of transportation is reasonably available
16 and the petitioner will not endanger the public safety or
17 welfare; provided that the Secretary's discretion shall be
18 limited to cases where undue hardship would result from a
19 failure to issue the restricted driving permit.
20     If a person's license or permit has been revoked or
21 suspended due to 2 or more convictions of violating Section
22 11-501 of this Code or a similar provision of a local ordinance
23 or a similar out-of-state offense, arising out of separate
24 occurrences, that person, if issued a restricted driving
25 permit, may not operate a vehicle unless it has been equipped
26 with an ignition interlock device as defined in Section

 

 

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1 1-129.1.
2     If a person's license or permit has been revoked or
3 suspended 2 or more times within a 10 year period due to a
4 single conviction of violating Section 11-501 of this Code or a
5 similar provision of a local ordinance or a similar
6 out-of-state offense, and a statutory summary suspension under
7 Section 11-501.1, or 2 or more statutory summary suspensions,
8 or combination of 2 offenses, or of an offense and a statutory
9 summary suspension, arising out of separate occurrences, that
10 person, if issued a restricted driving permit, may not operate
11 a vehicle unless it has been equipped with an ignition
12 interlock device as defined in Section 1-129.1. The person must
13 pay to the Secretary of State DUI Administration Fund an amount
14 not to exceed $20 per month. The Secretary shall establish by
15 rule the amount and the procedures, terms, and conditions
16 relating to these fees. If the restricted driving permit was
17 issued for employment purposes, then this provision does not
18 apply to the operation of an occupational vehicle owned or
19 leased by that person's employer. In each case the Secretary of
20 State may issue a restricted driving permit for a period he
21 deems appropriate, except that the permit shall expire within
22 one year from the date of issuance. The Secretary may not,
23 however, issue a restricted driving permit to any person whose
24 current revocation is the result of a second or subsequent
25 conviction for a violation of Section 11-501 of this Code or a
26 similar provision of a local ordinance relating to the offense

 

 

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1 of operating or being in physical control of a motor vehicle
2 while under the influence of alcohol, other drug or drugs,
3 intoxicating compound or compounds, or any similar
4 out-of-state offense, or any combination thereof, until the
5 expiration of at least one year from the date of the
6 revocation. A restricted driving permit issued under this
7 Section shall be subject to cancellation, revocation, and
8 suspension by the Secretary of State in like manner and for
9 like cause as a driver's license issued under this Code may be
10 cancelled, revoked, or suspended; except that a conviction upon
11 one or more offenses against laws or ordinances regulating the
12 movement of traffic shall be deemed sufficient cause for the
13 revocation, suspension, or cancellation of a restricted
14 driving permit. The Secretary of State may, as a condition to
15 the issuance of a restricted driving permit, require the
16 applicant to participate in a designated driver remedial or
17 rehabilitative program. The Secretary of State is authorized to
18 cancel a restricted driving permit if the permit holder does
19 not successfully complete the program. However, if an
20 individual's driving privileges have been revoked in
21 accordance with paragraph 13 of subsection (a) of this Section,
22 no restricted driving permit shall be issued until the
23 individual has served 6 months of the revocation period.
24     (d) Whenever a person under the age of 21 is convicted
25 under Section 11-501 of this Code or a similar provision of a
26 local ordinance, the Secretary of State shall revoke the

 

 

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1 driving privileges of that person. One year after the date of
2 revocation, and upon application, the Secretary of State may,
3 if satisfied that the person applying will not endanger the
4 public safety or welfare, issue a restricted driving permit
5 granting the privilege of driving a motor vehicle only between
6 the hours of 5 a.m. and 9 p.m. or as otherwise provided by this
7 Section for a period of one year. After this one year period,
8 and upon reapplication for a license as provided in Section
9 6-106, upon payment of the appropriate reinstatement fee
10 provided under paragraph (b) of Section 6-118, the Secretary of
11 State, in his discretion, may issue the applicant a license, or
12 extend the restricted driving permit as many times as the
13 Secretary of State deems appropriate, by additional periods of
14 not more than 12 months each, until the applicant attains 21
15 years of age.
16     If a person's license or permit has been revoked or
17 suspended due to 2 or more convictions of violating Section
18 11-501 of this Code or a similar provision of a local ordinance
19 or a similar out-of-state offense, arising out of separate
20 occurrences, that person, if issued a restricted driving
21 permit, may not operate a vehicle unless it has been equipped
22 with an ignition interlock device as defined in Section
23 1-129.1.
24     If a person's license or permit has been revoked or
25 suspended 2 or more times within a 10 year period due to a
26 single conviction of violating Section 11-501 of this Code or a

 

 

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1 similar provision of a local ordinance or a similar
2 out-of-state offense, and a statutory summary suspension under
3 Section 11-501.1, or 2 or more statutory summary suspensions,
4 or combination of 2 offenses, or of an offense and a statutory
5 summary suspension, arising out of separate occurrences, that
6 person, if issued a restricted driving permit, may not operate
7 a vehicle unless it has been equipped with an ignition
8 interlock device as defined in Section 1-129.1. The person must
9 pay to the Secretary of State DUI Administration Fund an amount
10 not to exceed $20 per month. The Secretary shall establish by
11 rule the amount and the procedures, terms, and conditions
12 relating to these fees. If the restricted driving permit was
13 issued for employment purposes, then this provision does not
14 apply to the operation of an occupational vehicle owned or
15 leased by that person's employer. A restricted driving permit
16 issued under this Section shall be subject to cancellation,
17 revocation, and suspension by the Secretary of State in like
18 manner and for like cause as a driver's license issued under
19 this Code may be cancelled, revoked, or suspended; except that
20 a conviction upon one or more offenses against laws or
21 ordinances regulating the movement of traffic shall be deemed
22 sufficient cause for the revocation, suspension, or
23 cancellation of a restricted driving permit. The revocation
24 periods contained in this subparagraph shall apply to similar
25 out-of-state convictions.
26     (e) This Section is subject to the provisions of the Driver

 

 

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1 License Compact.
2     (f) Any revocation imposed upon any person under
3 subsections 2 and 3 of paragraph (b) that is in effect on
4 December 31, 1988 shall be converted to a suspension for a like
5 period of time.
6     (g) The Secretary of State shall not issue a restricted
7 driving permit to a person under the age of 16 years whose
8 driving privileges have been revoked under any provisions of
9 this Code.
10     (h) The Secretary of State shall require the use of
11 ignition interlock devices on all vehicles owned by an
12 individual who has been convicted of a second or subsequent
13 offense under Section 11-501 of this Code or a similar
14 provision of a local ordinance. The Secretary shall establish
15 by rule and regulation the procedures for certification and use
16 of the interlock system.
17     (i) The Secretary of State may not issue a restricted
18 driving permit for a period of one year after a second or
19 subsequent revocation of driving privileges under clause
20 (a)(2) of this Section; however, one year after the date of a
21 second or subsequent revocation of driving privileges under
22 clause (a)(2) of this Section, the Secretary of State may, upon
23 application, issue a restricted driving permit under the terms
24 and conditions of subsection (c).
25     (j) In accordance with 49 C.F.R. 384, the Secretary of
26 State may not issue a restricted driving permit for the

 

 

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1 operation of a commercial motor vehicle to a person holding a
2 CDL whose driving privileges have been revoked under any
3 provisions of this Code.
4 (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
 
5     Section 10. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-710 as follows:
 
7     (705 ILCS 405/5-710)
8     Sec. 5-710. Kinds of sentencing orders.
9     (1) The following kinds of sentencing orders may be made in
10 respect of wards of the court:
11         (a) Except as provided in Sections 5-805, 5-810, 5-815,
12     a minor who is found guilty under Section 5-620 may be:
13             (i) put on probation or conditional discharge and
14         released to his or her parents, guardian or legal
15         custodian, provided, however, that any such minor who
16         is not committed to the Department of Juvenile Justice
17         under this subsection and who is found to be a
18         delinquent for an offense which is first degree murder,
19         a Class X felony, or a forcible felony shall be placed
20         on probation;
21             (ii) placed in accordance with Section 5-740, with
22         or without also being put on probation or conditional
23         discharge;
24             (iii) required to undergo a substance abuse

 

 

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1         assessment conducted by a licensed provider and
2         participate in the indicated clinical level of care;
3             (iv) placed in the guardianship of the Department
4         of Children and Family Services, but only if the
5         delinquent minor is under 13 years of age;
6             (v) placed in detention for a period not to exceed
7         30 days, either as the exclusive order of disposition
8         or, where appropriate, in conjunction with any other
9         order of disposition issued under this paragraph,
10         provided that any such detention shall be in a juvenile
11         detention home and the minor so detained shall be 10
12         years of age or older. However, the 30-day limitation
13         may be extended by further order of the court for a
14         minor under age 13 committed to the Department of
15         Children and Family Services if the court finds that
16         the minor is a danger to himself or others. The minor
17         shall be given credit on the sentencing order of
18         detention for time spent in detention under Sections
19         5-501, 5-601, 5-710, or 5-720 of this Article as a
20         result of the offense for which the sentencing order
21         was imposed. The court may grant credit on a sentencing
22         order of detention entered under a violation of
23         probation or violation of conditional discharge under
24         Section 5-720 of this Article for time spent in
25         detention before the filing of the petition alleging
26         the violation. A minor shall not be deprived of credit

 

 

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1         for time spent in detention before the filing of a
2         violation of probation or conditional discharge
3         alleging the same or related act or acts;
4             (vi) ordered partially or completely emancipated
5         in accordance with the provisions of the Emancipation
6         of Minors Act;
7             (vii) subject to having his or her driver's license
8         or driving privileges suspended for such time as
9         determined by the court but only until he or she
10         attains 18 years of age;
11             (viii) put on probation or conditional discharge
12         and placed in detention under Section 3-6039 of the
13         Counties Code for a period not to exceed the period of
14         incarceration permitted by law for adults found guilty
15         of the same offense or offenses for which the minor was
16         adjudicated delinquent, and in any event no longer than
17         upon attainment of age 21; this subdivision (viii)
18         notwithstanding any contrary provision of the law; or
19             (ix) ordered to undergo a medical or other
20         procedure to have a tattoo symbolizing allegiance to a
21         street gang removed from his or her body.
22         (b) A minor found to be guilty may be committed to the
23     Department of Juvenile Justice under Section 5-750 if the
24     minor is 13 years of age or older, provided that the
25     commitment to the Department of Juvenile Justice shall be
26     made only if a term of incarceration is permitted by law

 

 

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1     for adults found guilty of the offense for which the minor
2     was adjudicated delinquent. The time during which a minor
3     is in custody before being released upon the request of a
4     parent, guardian or legal custodian shall be considered as
5     time spent in detention.
6         (c) When a minor is found to be guilty for an offense
7     which is a violation of the Illinois Controlled Substances
8     Act, the Cannabis Control Act, or the Methamphetamine
9     Control and Community Protection Act and made a ward of the
10     court, the court may enter a disposition order requiring
11     the minor to undergo assessment, counseling or treatment in
12     a substance abuse program approved by the Department of
13     Human Services.
14     (2) Any sentencing order other than commitment to the
15 Department of Juvenile Justice may provide for protective
16 supervision under Section 5-725 and may include an order of
17 protection under Section 5-730.
18     (3) Unless the sentencing order expressly so provides, it
19 does not operate to close proceedings on the pending petition,
20 but is subject to modification until final closing and
21 discharge of the proceedings under Section 5-750.
22     (4) In addition to any other sentence, the court may order
23 any minor found to be delinquent to make restitution, in
24 monetary or non-monetary form, under the terms and conditions
25 of Section 5-5-6 of the Unified Code of Corrections, except
26 that the "presentencing hearing" referred to in that Section

 

 

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1 shall be the sentencing hearing for purposes of this Section.
2 The parent, guardian or legal custodian of the minor may be
3 ordered by the court to pay some or all of the restitution on
4 the minor's behalf, pursuant to the Parental Responsibility
5 Law. The State's Attorney is authorized to act on behalf of any
6 victim in seeking restitution in proceedings under this
7 Section, up to the maximum amount allowed in Section 5 of the
8 Parental Responsibility Law.
9     (5) Any sentencing order where the minor is committed or
10 placed in accordance with Section 5-740 shall provide for the
11 parents or guardian of the estate of the minor to pay to the
12 legal custodian or guardian of the person of the minor such
13 sums as are determined by the custodian or guardian of the
14 person of the minor as necessary for the minor's needs. The
15 payments may not exceed the maximum amounts provided for by
16 Section 9.1 of the Children and Family Services Act.
17     (6) Whenever the sentencing order requires the minor to
18 attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22     (7) In no event shall a guilty minor be committed to the
23 Department of Juvenile Justice for a period of time in excess
24 of that period for which an adult could be committed for the
25 same act.
26     (8) A minor found to be guilty for reasons that include a

 

 

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1 violation of Section 21-1.3 of the Criminal Code of 1961 shall
2 be ordered to perform community service for not less than 30
3 and not more than 120 hours, if community service is available
4 in the jurisdiction. The community service shall include, but
5 need not be limited to, the cleanup and repair of the damage
6 that was caused by the violation or similar damage to property
7 located in the municipality or county in which the violation
8 occurred. The order may be in addition to any other order
9 authorized by this Section.
10     (8.5) A minor found to be guilty for reasons that include a
11 violation of Section 3.02 or Section 3.03 of the Humane Care
12 for Animals Act or paragraph (d) of subsection (1) of Section
13 21-1 of the Criminal Code of 1961 shall be ordered to undergo
14 medical or psychiatric treatment rendered by a psychiatrist or
15 psychological treatment rendered by a clinical psychologist.
16 The order may be in addition to any other order authorized by
17 this Section.
18     (9) In addition to any other sentencing order, the court
19 shall order any minor found to be guilty for an act which would
20 constitute, predatory criminal sexual assault of a child,
21 aggravated criminal sexual assault, criminal sexual assault,
22 aggravated criminal sexual abuse, or criminal sexual abuse if
23 committed by an adult to undergo medical testing to determine
24 whether the defendant has any sexually transmissible disease
25 including a test for infection with human immunodeficiency
26 virus (HIV) or any other identified causative agency of

 

 

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1 acquired immunodeficiency syndrome (AIDS). Any medical test
2 shall be performed only by appropriately licensed medical
3 practitioners and may include an analysis of any bodily fluids
4 as well as an examination of the minor's person. Except as
5 otherwise provided by law, the results of the test shall be
6 kept strictly confidential by all medical personnel involved in
7 the testing and must be personally delivered in a sealed
8 envelope to the judge of the court in which the sentencing
9 order was entered for the judge's inspection in camera. Acting
10 in accordance with the best interests of the victim and the
11 public, the judge shall have the discretion to determine to
12 whom the results of the testing may be revealed. The court
13 shall notify the minor of the results of the test for infection
14 with the human immunodeficiency virus (HIV). The court shall
15 also notify the victim if requested by the victim, and if the
16 victim is under the age of 15 and if requested by the victim's
17 parents or legal guardian, the court shall notify the victim's
18 parents or the legal guardian, of the results of the test for
19 infection with the human immunodeficiency virus (HIV). The
20 court shall provide information on the availability of HIV
21 testing and counseling at the Department of Public Health
22 facilities to all parties to whom the results of the testing
23 are revealed. The court shall order that the cost of any test
24 shall be paid by the county and may be taxed as costs against
25 the minor.
26     (10) When a court finds a minor to be guilty the court

 

 

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1 shall, before entering a sentencing order under this Section,
2 make a finding whether the offense committed either: (a) was
3 related to or in furtherance of the criminal activities of an
4 organized gang or was motivated by the minor's membership in or
5 allegiance to an organized gang, or (b) involved a violation of
6 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
7 a violation of any Section of Article 24 of the Criminal Code
8 of 1961, or a violation of any statute that involved the
9 wrongful use of a firearm. If the court determines the question
10 in the affirmative, and the court does not commit the minor to
11 the Department of Juvenile Justice, the court shall order the
12 minor to perform community service for not less than 30 hours
13 nor more than 120 hours, provided that community service is
14 available in the jurisdiction and is funded and approved by the
15 county board of the county where the offense was committed. The
16 community service shall include, but need not be limited to,
17 the cleanup and repair of any damage caused by a violation of
18 Section 21-1.3 of the Criminal Code of 1961 and similar damage
19 to property located in the municipality or county in which the
20 violation occurred. When possible and reasonable, the
21 community service shall be performed in the minor's
22 neighborhood. This order shall be in addition to any other
23 order authorized by this Section except for an order to place
24 the minor in the custody of the Department of Juvenile Justice.
25 For the purposes of this Section, "organized gang" has the
26 meaning ascribed to it in Section 10 of the Illinois Streetgang

 

 

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1 Terrorism Omnibus Prevention Act.
2     (11) If the court determines that the offense was committed
3 in furtherance of the criminal activities of an organized gang,
4 as provided in subsection (10), and that the offense involved
5 the operation or use of a motor vehicle or the use of a
6 driver's license or permit, the court shall notify the
7 Secretary of State of that determination and of the period for
8 which the minor shall be denied driving privileges. If, at the
9 time of the determination, the minor does not hold a driver's
10 license or permit, the court shall provide that the minor shall
11 not be issued a driver's license or permit until his or her
12 18th birthday. If the minor holds a driver's license or permit
13 at the time of the determination, the court shall provide that
14 the minor's driver's license or permit shall be revoked until
15 his or her 21st birthday, or until a later date or occurrence
16 determined by the court. If the minor holds a driver's license
17 at the time of the determination, the court may direct the
18 Secretary of State to issue the minor a judicial driving
19 permit, also known as a JDP. The JDP shall be subject to the
20 same terms as a JDP issued under Section 6-206.1 of the
21 Illinois Vehicle Code, except that the court may direct that
22 the JDP be effective immediately.
23 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)