Full Text of HB7015 93rd General Assembly
HB7015ham001 93RD GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 03/04/04
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09300HB7015ham001 |
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LRB093 18262 DRH 48299 a |
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| AMENDMENT TO HOUSE BILL 7015
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| AMENDMENT NO. ______. Amend House Bill 7015 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning transportation."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
| 7 |
| "Section 5. The Illinois Vehicle Code is amended by | 8 |
| changing Sections 4-204, 6-206, and 11-605 and by adding | 9 |
| Sections 11-605.1 and 11-605.2 as follows:
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| (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
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| Sec. 4-204. Police tows; reports, release of vehicles, | 12 |
| payment. When
a vehicle is authorized to be towed away as | 13 |
| provided in Section
4-202 ,
or 4-203 , or 11-605.1 :
| 14 |
| (a) The authorization, any hold order, and any release | 15 |
| shall be in
writing, or confirmed in writing, with a copy given | 16 |
| to the towing service.
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| (b) The police headquarters or office of the law officer
| 18 |
| authorizing the towing shall keep and maintain a record of the | 19 |
| vehicle
towed, listing the color, year of manufacture, | 20 |
| manufacturer's trade name,
manufacturer's series name, body | 21 |
| style, Vehicle Identification Number,
license plate year and | 22 |
| number and registration sticker year and number
displayed on | 23 |
| the vehicle. The record shall
also include the date and hour of |
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| tow, location towed from, location towed
to, reason for towing | 2 |
| and the name of the officer authorizing the tow.
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| (c) The owner, operator, or other legally entitled person | 4 |
| shall be
responsible to the towing service for payment of | 5 |
| applicable removal, towing,
storage, and processing charges | 6 |
| and collection costs associated with a vehicle
towed or held | 7 |
| under order or authorization of a law enforcement agency. If a
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| vehicle towed or held under order or authorization of a law | 9 |
| enforcement agency
is seized by the ordering or authorizing | 10 |
| agency or any other law enforcement
or governmental agency and | 11 |
| sold, any unpaid removal, towing, storage,
and processing | 12 |
| charges and collection costs shall be paid to the towing | 13 |
| service
from the proceeds of the sale. If applicable law | 14 |
| provides that the proceeds
are to be paid into the treasury of | 15 |
| the appropriate civil jurisdiction, then
any unpaid removal, | 16 |
| towing, storage, and processing charges and collection
costs | 17 |
| shall be paid to the towing service from the treasury of the | 18 |
| civil
jurisdiction. That payment shall not, however, exceed the | 19 |
| amount of proceeds
from the sale, with the balance to be paid | 20 |
| by the owner, operator, or other
legally entitled person.
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| (d) Upon delivery of a written release order to the towing | 22 |
| service, a
vehicle subject to a hold order shall be released to | 23 |
| the owner, operator, or
other legally entitled person upon | 24 |
| proof of ownership or other entitlement and
upon payment of | 25 |
| applicable removal, towing, storage, and processing charges | 26 |
| and
collection costs.
| 27 |
| (Source: P.A. 89-433, eff. 12-15-95.)
| 28 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 30 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 32 |
| revoke the
driving privileges of any person without preliminary | 33 |
| hearing upon a showing
of the person's records or other |
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| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 3 |
| revocation of
a driver's license or permit is required upon | 4 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 6 |
| against traffic
regulations governing the movement of | 7 |
| vehicles committed within any 12
month period. No | 8 |
| revocation or suspension shall be entered more than
6 | 9 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 11 |
| vehicle
collisions or has been repeatedly convicted of | 12 |
| offenses against laws and
ordinances regulating the | 13 |
| movement of traffic, to a degree that
indicates lack of | 14 |
| ability to exercise ordinary and reasonable care in
the | 15 |
| safe operation of a motor vehicle or disrespect for the | 16 |
| traffic laws
and the safety of other persons upon the | 17 |
| highway;
| 18 |
| 4. Has by the unlawful operation of a motor vehicle | 19 |
| caused or
contributed to an accident resulting in death or | 20 |
| injury requiring
immediate professional treatment in a | 21 |
| medical facility or doctor's office
to any person, except | 22 |
| that any suspension or revocation imposed by the
Secretary | 23 |
| of State under the provisions of this subsection shall | 24 |
| start no
later than 6 months after being convicted of | 25 |
| violating a law or
ordinance regulating the movement of | 26 |
| traffic, which violation is related
to the accident, or | 27 |
| shall start not more than one year
after
the date of the | 28 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 30 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 32 |
| offenses in another
state, including the authorization | 33 |
| contained in Section 6-203.1, which
if committed within | 34 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 2 |
| provided for by
Section 6-207 or has failed to pass the | 3 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 5 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 7 |
| material fact
or has used false information or | 8 |
| identification in any application for a
license, | 9 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 11 |
| fraudulently use any
license, identification card, or | 12 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 14 |
| State when
the person's driving privilege or privilege to | 15 |
| obtain a driver's license
or permit was revoked or | 16 |
| suspended unless the operation was authorized by
a judicial | 17 |
| driving permit, probationary license to drive, or a | 18 |
| restricted
driving permit issued under this Code;
| 19 |
| 12. Has submitted to any portion of the application | 20 |
| process for
another person or has obtained the services of | 21 |
| another person to submit to
any portion of the application | 22 |
| process for the purpose of obtaining a
license, | 23 |
| identification card, or permit for some other person;
| 24 |
| 13. Has operated a motor vehicle upon a highway of this | 25 |
| State when
the person's driver's license or permit was | 26 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
| 27 |
| 14. Has committed a violation of Section 6-301, | 28 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 29 |
| of the Illinois Identification Card
Act;
| 30 |
| 15. Has been convicted of violating Section 21-2 of the | 31 |
| Criminal Code
of 1961 relating to criminal trespass to | 32 |
| vehicles in which case, the suspension
shall be for one | 33 |
| year;
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| 16. Has been convicted of violating Section 11-204 of |
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| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as | 3 |
| required under Section
11-501.1 of this Code and the person | 4 |
| has not sought a hearing as
provided for in Section | 5 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or | 7 |
| permit, been adjudged
to be afflicted with or suffering | 8 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 10 |
| of Section 6-101
relating to driving without a driver's | 11 |
| license;
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| 20. Has been convicted of violating Section 6-104 | 13 |
| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 16 |
| resulting in damage
to a vehicle in excess of $1,000, in | 17 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 19 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 20 |
| the Criminal Code of 1961 relating
to unlawful use of | 21 |
| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 24 |
| violation of
paragraph (a) of Section 11-502 of this Code | 25 |
| for a second or subsequent
time within one year of a | 26 |
| similar violation;
| 27 |
| 24. Has been convicted by a court-martial or punished | 28 |
| by non-judicial
punishment by military authorities of the | 29 |
| United States at a military
installation in Illinois of or | 30 |
| for a traffic related offense that is the
same as or | 31 |
| similar to an offense specified under Section 6-205 or | 32 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 34 |
| by another in
the application process in order to obtain or |
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| attempt to obtain a license,
identification card, or | 2 |
| permit;
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| 26. Has altered or attempted to alter a license or has | 4 |
| possessed an
altered license, identification card, or | 5 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 7 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 9 |
| operating or
in actual physical control, as a driver, of a | 10 |
| motor vehicle, of any
controlled substance prohibited | 11 |
| under the Illinois Controlled Substances
Act or any | 12 |
| cannabis prohibited under the provisions of the Cannabis | 13 |
| Control
Act, in which case the person's driving privileges | 14 |
| shall be suspended for
one year, and any driver who is | 15 |
| convicted of a second or subsequent
offense, within 5 years | 16 |
| of a previous conviction, for the illegal
possession, while | 17 |
| operating or in actual physical control, as a driver, of
a | 18 |
| motor vehicle, of any controlled substance prohibited | 19 |
| under the
provisions of the Illinois Controlled Substances | 20 |
| Act or any cannabis
prohibited under the Cannabis Control | 21 |
| Act shall be suspended for 5 years.
Any defendant found | 22 |
| guilty of this offense while operating a motor vehicle,
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| shall have an entry made in the court record by the | 24 |
| presiding judge that
this offense did occur while the | 25 |
| defendant was operating a motor vehicle
and order the clerk | 26 |
| of the court to report the violation to the Secretary
of | 27 |
| State;
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| 29. Has been convicted of the following offenses that | 29 |
| were committed
while the person was operating or in actual | 30 |
| physical control, as a driver,
of a motor vehicle: criminal | 31 |
| sexual assault,
predatory criminal sexual assault of a | 32 |
| child,
aggravated criminal sexual
assault, criminal sexual | 33 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 34 |
| soliciting for a juvenile prostitute and the manufacture, |
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| sale or
delivery of controlled substances or instruments | 2 |
| used for illegal drug use
or abuse in which case the | 3 |
| driver's driving privileges shall be suspended
for one | 4 |
| year;
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| 30. Has been convicted a second or subsequent time for | 6 |
| any
combination of the offenses named in paragraph 29 of | 7 |
| this subsection,
in which case the person's driving | 8 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 10 |
| Section 11-501.6 or has submitted to a test resulting in
an | 11 |
| alcohol concentration of 0.08 or more or any amount of a | 12 |
| drug, substance, or
compound resulting from the unlawful | 13 |
| use or consumption of cannabis as listed
in the Cannabis | 14 |
| Control Act, a controlled substance as listed in the | 15 |
| Illinois
Controlled Substances Act, or an intoxicating | 16 |
| compound as listed in the Use of
Intoxicating Compounds | 17 |
| Act, in which case the penalty shall be
as prescribed in | 18 |
| Section 6-208.1;
| 19 |
| 32. Has been convicted of Section 24-1.2 of the | 20 |
| Criminal Code of
1961 relating to the aggravated discharge | 21 |
| of a firearm if the offender was
located in a motor vehicle | 22 |
| at the time the firearm was discharged, in which
case the | 23 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 25 |
| on the date of
the offense, been convicted a first time of | 26 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 27 |
| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 29 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 31 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 33 |
| and has been
convicted of not less than 2 offenses against | 34 |
| traffic regulations governing
the movement of vehicles |
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| committed within any 24 month period. No revocation
or | 2 |
| suspension shall be entered more than 6 months after the | 3 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 5 |
| Section 11-907 of this
Code;
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| 38. Has been convicted of a violation of Section 6-20 | 7 |
| of the Liquor
Control Act of 1934 or a similar provision of | 8 |
| a local ordinance; or
| 9 |
| 39. Has committed a second or subsequent violation of | 10 |
| Section
11-1201 of this Code ; or .
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| 40. Has committed a second or subsequent violation of | 12 |
| Section 11-605.1 of this Code, in which case the suspension | 13 |
| shall be for not less than 90 days.
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 15 |
| and 27 of this
subsection, license means any driver's license, | 16 |
| any traffic ticket issued when
the person's driver's license is | 17 |
| deposited in lieu of bail, a suspension
notice issued by the | 18 |
| Secretary of State, a duplicate or corrected driver's
license, | 19 |
| a probationary driver's license or a temporary driver's | 20 |
| license.
| 21 |
| (b) If any conviction forming the basis of a suspension or
| 22 |
| revocation authorized under this Section is appealed, the
| 23 |
| Secretary of State may rescind or withhold the entry of the | 24 |
| order of suspension
or revocation, as the case may be, provided | 25 |
| that a certified copy of a stay
order of a court is filed with | 26 |
| the Secretary of State. If the conviction is
affirmed on | 27 |
| appeal, the date of the conviction shall relate back to the | 28 |
| time
the original judgment of conviction was entered and the 6 | 29 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 31 |
| permit of
any person as authorized in this Section, the | 32 |
| Secretary of State shall
immediately notify the person in | 33 |
| writing of the revocation or suspension.
The notice to be | 34 |
| deposited in the United States mail, postage prepaid,
to |
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| the last known address of the person.
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| 2. If the Secretary of State suspends the driver's | 3 |
| license
of a person under subsection 2 of paragraph (a) of | 4 |
| this Section, a
person's privilege to operate a vehicle as | 5 |
| an occupation shall not be
suspended, provided an affidavit | 6 |
| is properly completed, the appropriate fee
received, and a | 7 |
| permit issued prior to the effective date of the
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| suspension, unless 5 offenses were committed, at least 2 of | 9 |
| which occurred
while operating a commercial vehicle in | 10 |
| connection with the driver's
regular occupation. All other | 11 |
| driving privileges shall be suspended by the
Secretary of | 12 |
| State. Any driver prior to operating a vehicle for
| 13 |
| occupational purposes only must submit the affidavit on | 14 |
| forms to be
provided by the Secretary of State setting | 15 |
| forth the facts of the person's
occupation. The affidavit | 16 |
| shall also state the number of offenses
committed while | 17 |
| operating a vehicle in connection with the driver's regular
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| occupation. The affidavit shall be accompanied by the | 19 |
| driver's license.
Upon receipt of a properly completed | 20 |
| affidavit, the Secretary of State
shall issue the driver a | 21 |
| permit to operate a vehicle in connection with the
driver's | 22 |
| regular occupation only. Unless the permit is issued by the
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| Secretary of State prior to the date of suspension, the | 24 |
| privilege to drive
any motor vehicle shall be suspended as | 25 |
| set forth in the notice that was
mailed under this Section. | 26 |
| If an affidavit is received subsequent to the
effective | 27 |
| date of this suspension, a permit may be issued for the | 28 |
| remainder
of the suspension period.
| 29 |
| The provisions of this subparagraph shall not apply to | 30 |
| any driver
required to obtain a commercial driver's license | 31 |
| under Section 6-507 during
the period of a disqualification | 32 |
| of commercial driving privileges under
Section 6-514.
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| Any person who falsely states any fact in the affidavit | 34 |
| required
herein shall be guilty of perjury under Section |
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| 6-302 and upon conviction
thereof shall have all driving | 2 |
| privileges revoked without further rights.
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| 3. At the conclusion of a hearing under Section 2-118 | 4 |
| of this Code,
the Secretary of State shall either rescind | 5 |
| or continue an order of
revocation or shall substitute an | 6 |
| order of suspension; or, good
cause appearing therefor, | 7 |
| rescind, continue, change, or extend the
order of | 8 |
| suspension. If the Secretary of State does not rescind the | 9 |
| order,
the Secretary may upon application,
to relieve undue | 10 |
| hardship, issue
a restricted driving permit granting the | 11 |
| privilege of driving a motor
vehicle between the | 12 |
| petitioner's residence and petitioner's place of
| 13 |
| employment or within the scope of his employment related | 14 |
| duties, or to
allow transportation for the petitioner, or a | 15 |
| household member of the
petitioner's family, to receive | 16 |
| necessary medical care and if the
professional evaluation | 17 |
| indicates, provide transportation for alcohol
remedial or | 18 |
| rehabilitative activity, or for the petitioner to attend
| 19 |
| classes, as a student, in an accredited educational | 20 |
| institution; if the
petitioner is able to demonstrate that | 21 |
| no alternative means of
transportation is reasonably | 22 |
| available and the petitioner will not endanger
the public | 23 |
| safety or welfare.
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| If a person's license or permit has been revoked or | 25 |
| suspended due to 2
or more convictions of violating Section | 26 |
| 11-501 of this Code or a similar
provision of a local | 27 |
| ordinance or a similar out-of-state offense, arising out
of | 28 |
| separate occurrences, that person, if issued a restricted | 29 |
| driving permit,
may not operate a vehicle unless it has | 30 |
| been equipped with an ignition
interlock device as defined | 31 |
| in Section 1-129.1.
| 32 |
| If a person's license or permit has been revoked or | 33 |
| suspended 2 or more
times within a 10 year period due to a | 34 |
| single conviction of violating Section
11-501 of this Code |
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| or a similar provision of a local ordinance or a similar
| 2 |
| out-of-state offense, and a statutory summary suspension | 3 |
| under Section
11-501.1, or 2 or more statutory summary | 4 |
| suspensions, or combination of 2
offenses, or of an offense | 5 |
| and a statutory summary suspension, arising out of
separate | 6 |
| occurrences, that person, if issued a restricted driving | 7 |
| permit, may
not operate a vehicle unless it has been
| 8 |
| equipped with an ignition interlock device as defined in | 9 |
| Section 1-129.1.
The person must pay to the Secretary of | 10 |
| State DUI Administration Fund an amount
not to exceed $20 | 11 |
| per month. The Secretary shall establish by rule the amount
| 12 |
| and the procedures, terms, and conditions relating to these | 13 |
| fees. If the
restricted driving permit was issued for | 14 |
| employment purposes, then this
provision does not apply to | 15 |
| the operation of an occupational vehicle owned or
leased by | 16 |
| that person's employer. In each case the Secretary may | 17 |
| issue a
restricted driving permit for a period deemed | 18 |
| appropriate, except that all
permits shall expire within | 19 |
| one year from the date of issuance. The Secretary
may not, | 20 |
| however, issue a restricted driving permit to any person | 21 |
| whose current
revocation is the result of a second or | 22 |
| subsequent conviction for a violation
of Section 11-501 of | 23 |
| this Code or a similar provision of a local ordinance
| 24 |
| relating to the offense of operating or being in physical | 25 |
| control of a motor
vehicle while under the influence of | 26 |
| alcohol, other drug or drugs, intoxicating
compound or | 27 |
| compounds, or any similar out-of-state offense, or any | 28 |
| combination
of those offenses, until the expiration of at | 29 |
| least one year from the date of
the revocation. A
| 30 |
| restricted driving permit issued under this Section shall | 31 |
| be subject to
cancellation, revocation, and suspension by | 32 |
| the Secretary of State in like
manner and for like cause as | 33 |
| a driver's license issued under this Code may be
cancelled, | 34 |
| revoked, or suspended; except that a conviction upon one or |
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| more
offenses against laws or ordinances regulating the | 2 |
| movement of traffic
shall be deemed sufficient cause for | 3 |
| the revocation, suspension, or
cancellation of a | 4 |
| restricted driving permit. The Secretary of State may, as
a | 5 |
| condition to the issuance of a restricted driving permit, | 6 |
| require the
applicant to participate in a designated driver | 7 |
| remedial or rehabilitative
program. The Secretary of State | 8 |
| is authorized to cancel a restricted
driving permit if the | 9 |
| permit holder does not successfully complete the program.
| 10 |
| (c-5) The Secretary of State may, as a condition of the | 11 |
| reissuance of a
driver's license or permit to an applicant | 12 |
| whose driver's license or permit has
been suspended before he | 13 |
| or she reached the age of 18 years pursuant to any of
the | 14 |
| provisions of this Section, require the applicant to | 15 |
| participate in a
driver remedial education course and be | 16 |
| retested under Section 6-109 of this
Code.
| 17 |
| (d) This Section is subject to the provisions of the | 18 |
| Drivers License
Compact.
| 19 |
| (e) The Secretary of State shall not issue a restricted | 20 |
| driving permit to
a person under the age of 16 years whose | 21 |
| driving privileges have been suspended
or revoked under any | 22 |
| provisions of this Code.
| 23 |
| (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | 24 |
| 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | 25 |
| 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
| 26 |
| (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| 27 |
| Sec. 11-605. Special speed limit while passing schools or | 28 |
| while traveling
through highway
construction or maintenance | 29 |
| zones .
| 30 |
| (a) For the purpose of this Section, "school" means the | 31 |
| following
entities:
| 32 |
| (1) A public or private primary or secondary school.
| 33 |
| (2) A primary or secondary school operated by a |
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| religious institution.
| 2 |
| (3) A public, private, or religious nursery school.
| 3 |
| On a school day when school children are present and so | 4 |
| close
thereto
that a potential hazard exists because of the | 5 |
| close proximity of the motorized
traffic, no person shall drive | 6 |
| a motor vehicle at a speed in excess of 20 miles
per hour while | 7 |
| passing a school zone or while traveling on a roadway on public
| 8 |
| school property or upon any public
thoroughfare where children | 9 |
| pass going
to and from school.
| 10 |
| For the purpose of this Section a school day shall begin at | 11 |
| seven ante
meridian and shall conclude at four post meridian.
| 12 |
| This Section shall not be applicable unless appropriate | 13 |
| signs are posted
upon streets and highways under their | 14 |
| respective jurisdiction and
maintained by the Department, | 15 |
| township, county, park district, city,
village or incorporated | 16 |
| town wherein the school zone is located. With regard
to the | 17 |
| special speed limit while passing schools, such signs
shall | 18 |
| give proper due warning that a school zone is being approached | 19 |
| and
shall indicate the school zone and the maximum speed limit | 20 |
| in effect during
school days when school children are present.
| 21 |
| (b) (Blank).
No person shall operate a motor vehicle in a | 22 |
| construction or
maintenance zone at a speed in excess of the | 23 |
| posted speed limit when workers
are present and so close to the | 24 |
| moving traffic that a potential hazard exists
because of the | 25 |
| motorized traffic.
| 26 |
| (c) Nothing in this Chapter shall
prohibit the use of | 27 |
| electronic speed-detecting devices within 500 feet of
signs | 28 |
| within a special school speed zone or a construction or | 29 |
| maintenance
zone indicating such zone, as defined
in this | 30 |
| Section, nor shall evidence obtained thereby be inadmissible in | 31 |
| any
prosecution for speeding provided the use of such device | 32 |
| shall apply only
to the enforcement of the speed limit in such | 33 |
| special school speed zone or a
construction or maintenance | 34 |
| zone .
|
|
|
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| 1 |
| (d) (Blank).
For the purpose of this Section, a | 2 |
| construction or maintenance zone is
an area in which the | 3 |
| Department, Toll Highway Authority, or local agency has
| 4 |
| determined that the preexisting established speed limit | 5 |
| through a highway
construction or maintenance project is | 6 |
| greater than is reasonable or safe with
respect to the | 7 |
| conditions expected to exist in the construction or maintenance
| 8 |
| zone and has posted a lower speed limit with a highway | 9 |
| construction or
maintenance zone special speed limit sign.
| 10 |
| Highway construction or maintenance zone special speed | 11 |
| limit signs shall be
of a design approved by the Department. | 12 |
| The signs shall give proper due
warning that a construction or | 13 |
| maintenance zone is being approached and shall
indicate the | 14 |
| maximum speed limit in effect. The signs shall also state the
| 15 |
| amount of the minimum fine for a violation when workers are | 16 |
| present.
| 17 |
| (e) A first violation of this Section is a petty
offense | 18 |
| with a minimum fine
of $150. A second or subsequent violation | 19 |
| of this
Section is a petty offense with a minimum fine of $300.
| 20 |
| (f) When a fine for a violation of subsection (a) is $150 | 21 |
| or greater,
the person who violates subsection (a) shall be | 22 |
| charged an additional
$50 to be paid to the unit school
| 23 |
| district where the
violation
occurred for school safety | 24 |
| purposes. If the violation occurred in a dual
school district,
| 25 |
| $25 of the surcharge shall be paid to the elementary school | 26 |
| district for school
safety
purposes and $25 of the surcharge | 27 |
| shall be paid to the high school district for
school
safety | 28 |
| purposes. Notwithstanding any other provision of law, the | 29 |
| entire $50
surcharge
shall be paid to the appropriate school | 30 |
| district or districts.
| 31 |
| For purposes of this subsection (f), "school safety | 32 |
| purposes" includes the
costs
associated with school zone safety | 33 |
| education and
the purchase, installation, and maintenance of | 34 |
| caution lights
which are
mounted on school speed zone signs.
|
|
|
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|
| 1 |
| (g) (Blank).
When a fine for a violation of subsection (b) | 2 |
| is $150 or greater,
the person who violates subsection (b) | 3 |
| shall be charged an additional $50.
The $50 surcharge shall be | 4 |
| deposited into the Transportation Safety Highway
Hire-back | 5 |
| Fund.
| 6 |
| (h) (Blank).
The
Transportation Safety Highway
Hire-back | 7 |
| Fund is created as a special fund in the State treasury.
| 8 |
| Subject to appropriation by the General Assembly and approval | 9 |
| by the
Secretary, the Secretary of Transportation shall use all | 10 |
| moneys in the
Transportation Safety Highway
Hire-back Fund to | 11 |
| hire off-duty Department of State Police officers to monitor
| 12 |
| construction or maintenance zones.
| 13 |
| (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | 14 |
| eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
| 15 |
| (625 ILCS 5/11-605.1 new) | 16 |
| Sec. 11-605.1. Special limit while traveling through a | 17 |
| highway construction or maintenance speed zone. | 18 |
| (a) A person may not operate a motor vehicle in a | 19 |
| construction or maintenance speed zone at a speed in excess of | 20 |
| the posted speed limit.
| 21 |
| (b) Nothing in this Chapter prohibits the use of electronic | 22 |
| speed-detecting devices within 500 feet of signs within a | 23 |
| construction or maintenance speed zone indicating the zone, as | 24 |
| defined in this Section, nor shall evidence obtained by use of | 25 |
| those devices be inadmissible in any prosecution for speeding, | 26 |
| provided the use of the device shall apply only to the | 27 |
| enforcement of the speed limit in the construction or | 28 |
| maintenance speed zone.
| 29 |
| (c) As used in this Section, a "construction or maintenance | 30 |
| speed zone" is an area in which the Department, Toll Highway | 31 |
| Authority, or local agency has determined that the preexisting | 32 |
| established speed limit through a highway construction or | 33 |
| maintenance project is greater than is reasonable or safe with |
|
|
|
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| 1 |
| respect to the conditions expected to exist in the construction | 2 |
| or maintenance speed zone and has posted a lower speed limit | 3 |
| with a highway construction or maintenance speed zone special | 4 |
| speed limit sign. | 5 |
| Highway construction or maintenance speed zone special | 6 |
| speed limit signs shall be of a design approved by the | 7 |
| Department. The signs must give proper due warning that a | 8 |
| construction or maintenance speed zone is being approached and | 9 |
| must indicate the maximum speed limit in effect. The signs also | 10 |
| must state the amount of the minimum fine for a violation.
| 11 |
| (d) Except as provided under subsection (e), a first | 12 |
| violation of this Section is a petty offense with a minimum | 13 |
| fine of $375. A second or subsequent violation of this Section | 14 |
| is a petty offense with a minimum fine of $750. | 15 |
| (e) Whenever a police officer determines that a person | 16 |
| committed a violation of this Section by traveling 20 miles per | 17 |
| hour or more in excess of the posted construction or | 18 |
| maintenance speed zone speed limit, the officer may immediately | 19 |
| arrest and take into custody that person and may cause the | 20 |
| removal of the motor vehicle used in that offense. The motor | 21 |
| vehicle will be removed by a towing service, as authorized by a | 22 |
| law enforcement agency having jurisdiction, or by another | 23 |
| licensed driver having permission of the registered owner to | 24 |
| operate the motor vehicle. | 25 |
| A person who drives a vehicle within a construction or | 26 |
| maintenance speed zone at a speed that is 20 miles per hour or | 27 |
| more in excess of the posted construction or maintenance speed | 28 |
| zone speed limit commits a Class A misdemeanor.
| 29 |
| (f) If a fine for a violation of this Section is $375 or | 30 |
| greater, the person who violated this Section shall be charged | 31 |
| an additional $125, which shall be deposited into the | 32 |
| Transportation Safety Highway Hire-back Fund. In the case of a | 33 |
| second or subsequent violation of this Section, if the fine is | 34 |
| $750 or greater, the person who violated this Section shall be |
|
|
|
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LRB093 18262 DRH 48299 a |
|
| 1 |
| charged an additional $250, which shall be deposited into the | 2 |
| Transportation Safety Highway Hire-back Fund.
| 3 |
| (g) The Transportation Safety Highway Hire-back Fund, | 4 |
| which was created by Public Act 92-619, shall continue to be a | 5 |
| special fund in the State treasury. Subject to appropriation by | 6 |
| the General Assembly and approval by the Secretary, the | 7 |
| Secretary of Transportation shall use all moneys in the | 8 |
| Transportation Safety Highway Hire-back Fund to hire off-duty | 9 |
| Department of State Police officers to monitor construction or | 10 |
| maintenance zones. | 11 |
| (h) For a second or subsequent violation of this Section, | 12 |
| the Secretary of State shall suspend the driver's license of | 13 |
| the violator for a period of not less than 90 days.
| 14 |
| (625 ILCS 5/11-605.2 new) | 15 |
| Sec. 11-605.2. Automated construction or maintenance speed | 16 |
| zone enforcement system. | 17 |
| (a) As used in this Section, an "automated construction or | 18 |
| maintenance speed zone enforcement system" is a system operated | 19 |
| by the Illinois State Police in cooperation with the Illinois | 20 |
| Department of Transportation or the Illinois State Toll Highway | 21 |
| Authority that records a driver's speed in a construction or | 22 |
| maintenance speed zone as defined in Section 11-605.1.
| 23 |
| (b) The Illinois State Police, in cooperation with the | 24 |
| Illinois Department of Transportation or the Illinois State | 25 |
| Toll Highway Authority, may operate an automated construction | 26 |
| or maintenance speed zone enforcement system on highways under | 27 |
| the jurisdiction of the Illinois Department of Transportation | 28 |
| or the Toll Highway Authority.
| 29 |
| (c) For each violation of Section 11-605.1 recorded by an | 30 |
| automated construction or maintenance speed zone enforcement | 31 |
| system, the Illinois State Police shall issue a written Uniform | 32 |
| Traffic Citation of the violation to the registered owner of | 33 |
| the vehicle as the alleged violator. |
|
|
|
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|
| 1 |
| The Uniform Traffic Citation shall be delivered to the | 2 |
| registered owner of the vehicle, by mail, within 30 days of the | 3 |
| violation. The Uniform Traffic Citation shall include the name | 4 |
| and address of vehicle owner, the vehicle registration number, | 5 |
| the offense charged, the time, date, and location of the | 6 |
| violation, the first available court date, and a statement | 7 |
| indicating that the basis of the citation is the photograph or | 8 |
| other recorded image from the automated construction or | 9 |
| maintenance speed zone enforcement system. | 10 |
| (d) The Uniform Traffic Citation issued to the registered | 11 |
| owner of the vehicle shall be accompanied by a written notice, | 12 |
| the contents of which is set forth in subsection (e) of this | 13 |
| Section, explaining how the registered owner of the vehicle can | 14 |
| elect to proceed by either paying the fine or challenging the | 15 |
| issuance of the Uniform Traffic Citation. | 16 |
| (e) The written notice explaining the alleged violator's | 17 |
| rights and obligations must include the following text: | 18 |
| "You have been served with the accompanying Uniform Traffic | 19 |
| Citation and cited with having violated Section 11-605.1 of the | 20 |
| Illinois Vehicle Code. You can elect to proceed by: | 21 |
| 1. paying the fine; | 22 |
| 2. challenging the issuance of the Uniform Traffic | 23 |
| Citation in court; or | 24 |
| 3. if you were not the operator of the vehicle at the | 25 |
| time of the alleged offense, notifying in writing the | 26 |
| Illinois State Police of the number of the Uniform Traffic | 27 |
| Citation received and the name, driver's license number, | 28 |
| and address of the person operating the vehicle at the time | 29 |
| of the alleged offense. If you fail to so notify in writing | 30 |
| the Illinois State Police of the name, driver's license | 31 |
| number, and address of the person operating the vehicle at | 32 |
| the time of the alleged offense, you shall be presumed to | 33 |
| have been the operator of the vehicle at the time of the | 34 |
| alleged offense." |
|
|
|
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LRB093 18262 DRH 48299 a |
|
| 1 |
| (f) If the registered owner of the vehicle was not the | 2 |
| operator of the vehicle at the time of the alleged offense, and | 3 |
| if the registered owner notifies the Illinois State Police of | 4 |
| the name, driver's license number, and address of the operator | 5 |
| of the vehicle at the time of the alleged offense, the Illinois | 6 |
| State Police shall then issue a written Uniform Traffic | 7 |
| Citation to the person alleged by the registered owner to have | 8 |
| been the operator of the vehicle at the time of the alleged | 9 |
| offense. If the registered owner fails to notify in writing the | 10 |
| Illinois State Police of the name, driver's license number, and | 11 |
| address of the operator of the vehicle at the time of the | 12 |
| alleged offense, the registered owner shall be presumed to have | 13 |
| been the operator of the vehicle at the time of the alleged | 14 |
| offense. | 15 |
| (g) A certificate alleging that a violation of Section | 16 |
| 11-605.1 occurred, sworn to or affirmed by a duly authorized | 17 |
| agency, based on inspection of recorded images produced by an | 18 |
| automated construction or maintenance speed zone enforcement | 19 |
| system, is evidence of the facts contained in the certificate | 20 |
| and is admissible in any proceeding alleging a violation under | 21 |
| this Section.
| 22 |
| (h) Photographs or recorded images made by an automated | 23 |
| construction or maintenance speed zone enforcement system are | 24 |
| confidential and shall be made available only to the alleged | 25 |
| violator and government and law enforcement agencies for | 26 |
| purposes of adjudicating a violation of Section 11-605.1 of | 27 |
| this Code. Any photograph or other recorded image evidencing a | 28 |
| violation of Section ll-605.1, however, is admissible in any | 29 |
| proceeding resulting from the issuance of the Uniform Traffic | 30 |
| Citation if there is reasonable and sufficient proof of the | 31 |
| accuracy of the camera or electronic instrument recording the | 32 |
| image. There is a rebuttable presumption that the photograph or | 33 |
| recorded image is accurate if the camera or electronic | 34 |
| recording instrument was in good working order before and after |
|
|
|
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LRB093 18262 DRH 48299 a |
|
| 1 |
| the alleged offense. | 2 |
| (i) If any part or parts of this Section are held by a | 3 |
| court of competent jurisdiction to be unconstitutional, the | 4 |
| unconstitutionality shall not affect the validity of the | 5 |
| remaining parts of this Section. The General Assembly hereby | 6 |
| declares that it would have passed the remaining parts of this | 7 |
| Section if it had known that the other part or parts of this | 8 |
| Section would be declared unconstitutional. | 9 |
| (j) Except as provided in subsection (e) of Section | 10 |
| 11-605.1, violation of Section 11-605.1 as detected by an | 11 |
| automated construction or maintenance speed zone enforcement | 12 |
| system is a petty offense for which a fine of $375 shall be | 13 |
| imposed for a first violation and a fine of $750 shall be | 14 |
| imposed for a second of subsequent violation. | 15 |
| (k) If a fine for a violation of Section 11-605.1 is $375 | 16 |
| or greater, the person who violated Section 11-605.1 shall be | 17 |
| charged an additional $125, which shall be deposited into the | 18 |
| Transportation Safety Highway Hire-back Fund. In the case of a | 19 |
| second or subsequent violation of Section 11-605.1, if the fine | 20 |
| for the violations is $750 or greater, the person who violated | 21 |
| Section 11-605.1 shall be charged an additional $250, which | 22 |
| shall be deposited into the Transportation Safety Highway | 23 |
| Hire-back Fund. | 24 |
| (l) For a second or subsequent violation of Section | 25 |
| 11-605.1, the Secretary of State shall suspend the driver's | 26 |
| license of the violator for a period of not less than 90 days.
| 27 |
| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
|
|