Full Text of SB2962 94th General Assembly
SB2962eng 94TH GENERAL ASSEMBLY
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SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
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| AN ACT concerning driving privileges.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-101, 6-115, 6-201, and 6-206 as follows:
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| (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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| Sec. 6-101. Drivers must have licenses or permits.
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| (a) No person, except those expressly exempted by Section | 9 |
| 6-102, shall
drive any motor vehicle upon a highway in this | 10 |
| State unless such person has
a valid license or permit, or a | 11 |
| restricted driving permit, issued under the
provisions of this | 12 |
| Act.
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| (b) No person shall drive a motor vehicle unless he holds a | 14 |
| valid
license or permit, or a restricted driving permit issued | 15 |
| under the
provisions of Section 6-205, 6-206, or 6-113 of this | 16 |
| Act. Any person to
whom a license is issued under the | 17 |
| provisions of this Act must surrender to
the Secretary of State | 18 |
| all valid licenses or permits. No drivers license
shall be | 19 |
| issued to any person who holds a valid Foreign State license,
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| identification card, or permit
unless such person first | 21 |
| surrenders to the Secretary of State any such
valid Foreign | 22 |
| State license,
identification card, or permit.
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| (b-5) Any person who commits a violation of subsection (a) | 24 |
| or (b) of this Section is guilty of a Class A misdemeanor, if | 25 |
| at the time of the violation the person's driver's license or | 26 |
| permit was cancelled under clause (a)9 of Section 6-201 of this | 27 |
| Code.
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| (c) Any person licensed as a driver hereunder shall not be | 29 |
| required by
any city, village, incorporated town or other | 30 |
| municipal corporation to
obtain any other license to exercise | 31 |
| the privilege thereby granted.
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| (d) In addition to other penalties imposed under this |
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| Section, any person
in violation of this Section who is also in | 2 |
| violation of Section 7-601 of this
Code relating to mandatory | 3 |
| insurance requirements shall have his or her motor
vehicle | 4 |
| immediately impounded by the arresting law enforcement | 5 |
| officer. The
motor vehicle may be released to any licensed | 6 |
| driver upon a showing of proof of
insurance for the motor | 7 |
| vehicle that was impounded and the notarized written
consent | 8 |
| for the release by the vehicle owner.
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| (e) In addition to other penalties imposed under this | 10 |
| Section, the
vehicle
of any person
in violation of this Section | 11 |
| who is also in violation of Section 7-601 of this
Code relating | 12 |
| to mandatory insurance requirements and who, in violating this
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| Section, has caused death or personal injury to another person | 14 |
| is subject to
forfeiture under Sections 36-1 and 36-2 of the | 15 |
| Criminal Code of 1961.
For the purposes of this Section, a | 16 |
| personal injury shall include
any type A injury as indicated on | 17 |
| the traffic accident report completed
by a law enforcement | 18 |
| officer that requires immediate professional attention
in | 19 |
| either a doctor's office or a medical facility. A type A injury | 20 |
| shall
include severely bleeding wounds, distorted extremities, | 21 |
| and injuries that
require the injured party to be carried from | 22 |
| the scene.
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| (Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
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| Sec. 6-115. Expiration of driver's license.
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| (a) Except as provided elsewhere in this Section, every
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| driver's license issued under the provisions of
this Code shall
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| expire 4 years from the date of its issuance, or at such later
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| date, as the Secretary of State may by proper rule and | 30 |
| regulation designate,
not to exceed 12 calendar months; in the | 31 |
| event
that an applicant for renewal of a driver's license fails
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| to apply prior to
the expiration date of the previous driver's | 33 |
| license, the renewal driver's
license
shall expire 4 years from | 34 |
| the expiration date of the previous
driver's license, or at | 35 |
| such later date as the Secretary of State may
by proper rule |
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| and
regulation designate, not to exceed 12 calendar months.
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| The Secretary of State may, however, issue to a
person not | 3 |
| previously licensed as a driver in Illinois a driver's
license
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| which will expire not less than 4 years nor more than 5
years | 5 |
| from date of
issuance, except as provided elsewhere in this | 6 |
| Section.
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| The Secretary of State is authorized to issue driver's | 8 |
| licenses during
the years 1984 through 1987 which shall expire | 9 |
| not less than 3 years nor
more than 5 years from the date of | 10 |
| issuance, except as provided elsewhere
in this Section, for the | 11 |
| purpose of converting
all driver's licenses issued under this | 12 |
| Code to a 4 year expiration. Provided
that all original | 13 |
| driver's licenses, except as provided elsewhere in
this | 14 |
| Section, shall expire not less than 4 years nor more than
5 | 15 |
| years from the date of issuance.
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| (b) Before the expiration of a driver's license, except | 17 |
| those
licenses expiring on the individual's 21st birthday, or 3 | 18 |
| months after
the individual's 21st birthday, the holder thereof | 19 |
| may apply for a renewal
thereof, subject to all the provisions | 20 |
| of Section 6-103, and the Secretary
of State may require an | 21 |
| examination of the applicant. A licensee
whose driver's license | 22 |
| expires on his 21st birthday, or 3 months after
his 21st | 23 |
| birthday, may not apply for a renewal of his driving privileges
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| until he reaches the age of 21.
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| (c) The Secretary of State shall, 30 days prior to the | 26 |
| expiration of a
driver's license, forward to each person whose | 27 |
| license
is to expire a
notification of the expiration of said | 28 |
| license which may
be presented at the time of renewal of said | 29 |
| license.
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| There may be included with such notification information | 31 |
| explaining
the anatomical gift and Emergency Medical | 32 |
| Information Card provisions of
Section 6-110. The format and | 33 |
| text of such information
shall be prescribed by the Secretary.
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| There shall be included with such notification,
for a | 35 |
| period of 4 years beginning January 1, 2000 information | 36 |
| regarding the
Illinois Adoption Registry and Medical |
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| Information Exchange established in
Section 18.1 of the | 2 |
| Adoption Act.
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| (d) The Secretary may defer the expiration of the driver's | 4 |
| license
of a licensee, spouse, and dependent children who are | 5 |
| living with such licensee
while on active duty, serving in the | 6 |
| Armed Forces of the United
States outside of the State of | 7 |
| Illinois, and 45 days thereafter, upon such
terms and | 8 |
| conditions as the Secretary may prescribe.
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| (e) The Secretary of State may decline to process a renewal | 10 |
| of a driver's
license
of any person who has not paid any fee or | 11 |
| tax due under this Code and is not
paid upon reasonable notice | 12 |
| and demand.
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| (f) The Secretary shall provide that each original or | 14 |
| renewal driver's
license issued to a licensee under 21 years of | 15 |
| age shall expire 3 months
after the licensee's 21st birthday. | 16 |
| Persons whose current driver's licenses
expire on their 21st | 17 |
| birthday on or after January 1, 1986 shall not renew their
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| driver's license before their 21st birthday, and their current | 19 |
| driver's
license will be extended for an additional term of 3 | 20 |
| months beyond their
21st birthday. Thereafter, the expiration | 21 |
| and term of the driver's license
shall be governed by | 22 |
| subsection (a) hereof.
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| (g) The Secretary shall provide that each original or | 24 |
| renewal driver's
license issued to a licensee 81 years of age | 25 |
| through age 86 shall expire 2
years from the date of issuance, | 26 |
| or at such later date as the Secretary may
by rule and | 27 |
| regulation designate, not to exceed an additional 12 calendar
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| months. The
Secretary shall also provide that each original or | 29 |
| renewal driver's license
issued to a licensee 87 years of age | 30 |
| or older shall expire 12 months from
the date of issuance, or | 31 |
| at such later date as the Secretary may by rule
and regulation | 32 |
| designate, not to exceed an additional 12 calendar months.
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| (h) The Secretary of State shall provide that each special
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| restricted driver's license issued under subsection (g) of | 35 |
| Section
6-113 of this Code shall expire 12 months from the date | 36 |
| of
issuance. The Secretary shall adopt rules defining renewal
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| requirements.
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| (i) The Secretary of State shall provide that each driver's | 3 |
| license issued to a person convicted of a sex offense as | 4 |
| defined in Section 2 of the Sex Offender Registration Act shall | 5 |
| expire 12 months from the date of issuance or at such date as | 6 |
| the Secretary may by rule designate, not to exceed an | 7 |
| additional 12 calendar months. The Secretary may adopt rules | 8 |
| defining renewal requirements.
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| (Source: P.A. 91-417, eff. 1-1-00; 92-274, eff. 1-1-02.)
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 13 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 15 |
| or
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| 2. failed to give the required or correct information | 17 |
| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 19 |
| Illinois Commerce
Commission, or taxes due under this Act | 20 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 22 |
| application; or
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| 5. is ineligible therefor under the provisions of | 24 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 26 |
| and
intoxicating compound evaluation or to
submit to | 27 |
| examination or re-examination as required under this Act; | 28 |
| or
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| 7. has been convicted of violating the Cannabis Control | 30 |
| Act,
the
Illinois Controlled Substances Act, the | 31 |
| Methamphetamine Control and Community Protection Act, or | 32 |
| the Use of Intoxicating Compounds
Act while that individual | 33 |
| was in actual physical
control of a motor vehicle. For | 34 |
| purposes of this Section, any person placed on
probation | 35 |
| under Section 10 of the Cannabis Control Act, Section 410 |
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| of the
Illinois Controlled Substances Act, or Section 70 of | 2 |
| the Methamphetamine Control and Community Protection Act | 3 |
| shall not be considered convicted. Any
person found guilty | 4 |
| of this offense, while in actual physical control of a
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| motor vehicle, shall have an entry made in the court record | 6 |
| by the
judge that this offense did occur while the person | 7 |
| was in actual
physical control of a motor vehicle and order | 8 |
| the clerk of the court to report
the violation to the | 9 |
| Secretary of State as such. After the cancellation, the
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| Secretary of State shall not issue a new license or permit | 11 |
| for a period of one
year after the date of cancellation. | 12 |
| However, upon application, the Secretary
of State may, if | 13 |
| satisfied that the person applying will not endanger the
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| public safety, or welfare, issue a restricted driving | 15 |
| permit granting the
privilege of driving a motor vehicle | 16 |
| between the person's residence and
person's place of | 17 |
| employment or within the scope of the person's employment
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| related duties, or to allow transportation for
the person | 19 |
| or a household member of the person's family for the | 20 |
| receipt of
necessary medical care or, if the professional | 21 |
| evaluation indicates,
provide transportation for the | 22 |
| petitioner for alcohol remedial or
rehabilitative | 23 |
| activity, or for the person to attend classes, as a | 24 |
| student,
in an accredited educational institution; if the | 25 |
| person is able to
demonstrate that no alternative means of | 26 |
| transportation is reasonably
available; provided that the | 27 |
| Secretary's discretion shall be limited to
cases where | 28 |
| undue hardship would result from a failure to issue such
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| restricted driving permit. In each case the Secretary of | 30 |
| State may issue
such restricted driving permit for such | 31 |
| period as he deems appropriate,
except that such permit | 32 |
| shall expire within one year from the date of
issuance. A | 33 |
| restricted driving permit issued hereunder shall be | 34 |
| subject to
cancellation, revocation and suspension by the | 35 |
| Secretary of State in like
manner and for like cause as a | 36 |
| driver's license issued hereunder may be
cancelled, |
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| revoked or suspended; except that a conviction upon one or | 2 |
| more
offenses against laws or ordinances regulating the | 3 |
| movement of traffic
shall be deemed sufficient cause for | 4 |
| the revocation, suspension or
cancellation of a restricted | 5 |
| driving permit. The Secretary of State may,
as a condition | 6 |
| to the issuance of a restricted driving permit, require the
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| applicant to participate in a driver remedial or | 8 |
| rehabilitative
program; or
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| 8. failed to submit a report as required by Section | 10 |
| 6-116.5 of this
Code ; or
.
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| 9. has been convicted of a sex offense as defined in | 12 |
| the Sex Offender Registration Act. The driver's license | 13 |
| shall remain cancelled until the driver registers as a sex | 14 |
| offender as required by the Sex Offender Registration Act, | 15 |
| proof of the registration is furnished to the Secretary of | 16 |
| State and the sex offender provides proof of current | 17 |
| address to the Secretary.
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| (b) Upon such cancellation the licensee or permittee must | 19 |
| surrender the
license or permit so cancelled to the Secretary | 20 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 22 |
| Secretary of State
shall have exclusive authority to grant, | 23 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 24 |
| drivers' licenses and restricted driving permits.
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| (d) The Secretary of State may adopt rules to implement | 26 |
| this Section.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (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 | 34 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory |
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| revocation of
a driver's license or permit is required upon | 2 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 4 |
| against traffic
regulations governing the movement of | 5 |
| vehicles committed within any 12
month period. No | 6 |
| revocation or suspension shall be entered more than
6 | 7 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 9 |
| vehicle
collisions or has been repeatedly convicted of | 10 |
| offenses against laws and
ordinances regulating the | 11 |
| movement of traffic, to a degree that
indicates lack of | 12 |
| ability to exercise ordinary and reasonable care in
the | 13 |
| safe operation of a motor vehicle or disrespect for the | 14 |
| traffic laws
and the safety of other persons upon the | 15 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 17 |
| caused or
contributed to an accident resulting in death or | 18 |
| injury requiring
immediate professional treatment in a | 19 |
| medical facility or doctor's office
to any person, except | 20 |
| that any suspension or revocation imposed by the
Secretary | 21 |
| of State under the provisions of this subsection shall | 22 |
| start no
later than 6 months after being convicted of | 23 |
| violating a law or
ordinance regulating the movement of | 24 |
| traffic, which violation is related
to the accident, or | 25 |
| shall start not more than one year
after
the date of the | 26 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 28 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 30 |
| offenses in another
state, including the authorization | 31 |
| contained in Section 6-203.1, which
if committed within | 32 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 34 |
| provided for by
Section 6-207 or has failed to pass the | 35 |
| examination;
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| 8. Is ineligible for a driver's license or permit under |
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| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 3 |
| material fact
or has used false information or | 4 |
| identification in any application for a
license, | 5 |
| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to | 7 |
| fraudulently use any
license, identification card, or | 8 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 10 |
| State when
the person's driving privilege or privilege to | 11 |
| obtain a driver's license
or permit was revoked or | 12 |
| suspended unless the operation was authorized by
a judicial | 13 |
| driving permit, probationary license to drive, or a | 14 |
| restricted
driving permit issued under this Code;
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| 12. Has submitted to any portion of the application | 16 |
| process for
another person or has obtained the services of | 17 |
| another person to submit to
any portion of the application | 18 |
| process for the purpose of obtaining a
license, | 19 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 21 |
| State when
the person's driver's license or permit was | 22 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 24 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 25 |
| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 27 |
| Criminal Code
of 1961 relating to criminal trespass to | 28 |
| vehicles in which case, the suspension
shall be for one | 29 |
| year;
| 30 |
| 16. Has been convicted of violating Section 11-204 of | 31 |
| this Code relating
to fleeing from a peace officer;
| 32 |
| 17. Has refused to submit to a test, or tests, as | 33 |
| required under Section
11-501.1 of this Code and the person | 34 |
| has not sought a hearing as
provided for in Section | 35 |
| 11-501.1;
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| 18. Has, since issuance of a driver's license or |
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| permit, been adjudged
to be afflicted with or suffering | 2 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 4 |
| of Section 6-101
relating to driving without a driver's | 5 |
| license;
| 6 |
| 20. Has been convicted of violating Section 6-104 | 7 |
| relating to
classification of driver's license;
| 8 |
| 21. Has been convicted of violating Section 11-402 of
| 9 |
| this Code relating to leaving the scene of an accident | 10 |
| resulting in damage
to a vehicle in excess of $1,000, in | 11 |
| which case the suspension shall be
for one year;
| 12 |
| 22. Has used a motor vehicle in violating paragraph | 13 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 14 |
| the Criminal Code of 1961 relating
to unlawful use of | 15 |
| weapons, in which case the suspension shall be for one
| 16 |
| year;
| 17 |
| 23. Has, as a driver, been convicted of committing a | 18 |
| violation of
paragraph (a) of Section 11-502 of this Code | 19 |
| for a second or subsequent
time within one year of a | 20 |
| similar violation;
| 21 |
| 24. Has been convicted by a court-martial or punished | 22 |
| by non-judicial
punishment by military authorities of the | 23 |
| United States at a military
installation in Illinois of or | 24 |
| for a traffic related offense that is the
same as or | 25 |
| similar to an offense specified under Section 6-205 or | 26 |
| 6-206 of
this Code;
| 27 |
| 25. Has permitted any form of identification to be used | 28 |
| by another in
the application process in order to obtain or | 29 |
| attempt to obtain a license,
identification card, or | 30 |
| permit;
| 31 |
| 26. Has altered or attempted to alter a license or has | 32 |
| possessed an
altered license, identification card, or | 33 |
| permit;
| 34 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 35 |
| of 1934;
| 36 |
| 28. Has been convicted of the illegal possession, while |
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| operating or
in actual physical control, as a driver, of a | 2 |
| motor vehicle, of any
controlled substance prohibited | 3 |
| under the Illinois Controlled Substances
Act, any cannabis | 4 |
| prohibited under the Cannabis Control
Act, or any | 5 |
| methamphetamine prohibited under the Methamphetamine | 6 |
| Control and Community Protection Act, in which case the | 7 |
| person's driving privileges shall be suspended for
one | 8 |
| year, and any driver who is convicted of a second or | 9 |
| subsequent
offense, within 5 years of a previous | 10 |
| conviction, for the illegal
possession, while operating or | 11 |
| in actual physical control, as a driver, of
a motor | 12 |
| vehicle, of any controlled substance prohibited under the | 13 |
| Illinois Controlled Substances Act, any cannabis
| 14 |
| prohibited under the Cannabis Control Act, or any | 15 |
| methamphetamine prohibited under the Methamphetamine | 16 |
| Control and Community Protection Act shall be suspended for | 17 |
| 5 years.
Any defendant found guilty of this offense while | 18 |
| operating a motor vehicle,
shall have an entry made in the | 19 |
| court record by the presiding judge that
this offense did | 20 |
| occur while the defendant was operating a motor vehicle
and | 21 |
| order the clerk of the court to report the violation to the | 22 |
| Secretary
of State;
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| 29. Has been convicted of the following offenses that | 24 |
| were committed
while the person was operating or in actual | 25 |
| physical control, as a driver,
of a motor vehicle: criminal | 26 |
| sexual assault,
predatory criminal sexual assault of a | 27 |
| child,
aggravated criminal sexual
assault, criminal sexual | 28 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 29 |
| soliciting for a juvenile prostitute and the manufacture, | 30 |
| sale or
delivery of controlled substances or instruments | 31 |
| used for illegal drug use
or abuse in which case the | 32 |
| driver's driving privileges shall be suspended
for one | 33 |
| year;
| 34 |
| 30. Has been convicted a second or subsequent time for | 35 |
| any
combination of the offenses named in paragraph 29 of | 36 |
| this subsection,
in which case the person's driving |
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| privileges shall be suspended for 5
years;
| 2 |
| 31. Has refused to submit to a test as
required by | 3 |
| Section 11-501.6 or has submitted to a test resulting in
an | 4 |
| alcohol concentration of 0.08 or more or any amount of a | 5 |
| drug, substance, or
compound resulting from the unlawful | 6 |
| use or consumption of cannabis as listed
in the Cannabis | 7 |
| Control Act, a controlled substance as listed in the | 8 |
| Illinois
Controlled Substances Act, or an intoxicating | 9 |
| compound as listed in the Use of
Intoxicating Compounds | 10 |
| Act, in which case the penalty shall be
as prescribed in | 11 |
| Section 6-208.1;
| 12 |
| 32. Has been convicted of Section 24-1.2 of the | 13 |
| Criminal Code of
1961 relating to the aggravated discharge | 14 |
| of a firearm if the offender was
located in a motor vehicle | 15 |
| at the time the firearm was discharged, in which
case the | 16 |
| suspension shall be for 3 years;
| 17 |
| 33. Has as a driver, who was less than 21 years of age | 18 |
| on the date of
the offense, been convicted a first time of | 19 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 20 |
| or a similar provision of a local ordinance;
| 21 |
| 34. Has committed a violation of Section 11-1301.5 of | 22 |
| this Code;
| 23 |
| 35. Has committed a violation of Section 11-1301.6 of | 24 |
| this Code;
| 25 |
| 36. Is under the age of 21 years at the time of arrest | 26 |
| and has been
convicted of not less than 2 offenses against | 27 |
| traffic regulations governing
the movement of vehicles | 28 |
| committed within any 24 month period. No revocation
or | 29 |
| suspension shall be entered more than 6 months after the | 30 |
| date of last
conviction;
| 31 |
| 37. Has committed a violation of subsection (c) of | 32 |
| Section 11-907 of this
Code;
| 33 |
| 38. Has been convicted of a violation of Section 6-20 | 34 |
| of the Liquor
Control Act of 1934 or a similar provision of | 35 |
| a local ordinance;
| 36 |
| 39. Has committed a second or subsequent violation of |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| Section
11-1201 of this Code;
| 2 |
| 40. Has committed a violation of subsection (a-1) of | 3 |
| Section 11-908 of
this Code; or | 4 |
| 41. Has committed a second or subsequent violation of | 5 |
| Section 11-605.1 of this Code within 2 years of the date of | 6 |
| the previous violation, in which case the suspension shall | 7 |
| be for 90 days ; or
.
| 8 |
| 42. Has failed to comply with the annual renewal | 9 |
| provisions for driver's licenses issued to sex offenders.
| 10 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 11 |
| and 27 of this
subsection, license means any driver's license, | 12 |
| any traffic ticket issued when
the person's driver's license is | 13 |
| deposited in lieu of bail, a suspension
notice issued by the | 14 |
| Secretary of State, a duplicate or corrected driver's
license, | 15 |
| a probationary driver's license or a temporary driver's | 16 |
| license.
| 17 |
| (b) If any conviction forming the basis of a suspension or
| 18 |
| revocation authorized under this Section is appealed, the
| 19 |
| Secretary of State may rescind or withhold the entry of the | 20 |
| order of suspension
or revocation, as the case may be, provided | 21 |
| that a certified copy of a stay
order of a court is filed with | 22 |
| the Secretary of State. If the conviction is
affirmed on | 23 |
| appeal, the date of the conviction shall relate back to the | 24 |
| time
the original judgment of conviction was entered and the 6 | 25 |
| month limitation
prescribed shall not apply.
| 26 |
| (c) 1. Upon suspending or revoking the driver's license or | 27 |
| permit of
any person as authorized in this Section, the | 28 |
| Secretary of State shall
immediately notify the person in | 29 |
| writing of the revocation or suspension.
The notice to be | 30 |
| deposited in the United States mail, postage prepaid,
to | 31 |
| the last known address of the person.
| 32 |
| 2. If the Secretary of State suspends the driver's | 33 |
| license
of a person under subsection 2 of paragraph (a) of | 34 |
| this Section, a
person's privilege to operate a vehicle as | 35 |
| an occupation shall not be
suspended, provided an affidavit | 36 |
| is properly completed, the appropriate fee
received, and a |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| permit issued prior to the effective date of the
| 2 |
| suspension, unless 5 offenses were committed, at least 2 of | 3 |
| which occurred
while operating a commercial vehicle in | 4 |
| connection with the driver's
regular occupation. All other | 5 |
| driving privileges shall be suspended by the
Secretary of | 6 |
| State. Any driver prior to operating a vehicle for
| 7 |
| occupational purposes only must submit the affidavit on | 8 |
| forms to be
provided by the Secretary of State setting | 9 |
| forth the facts of the person's
occupation. The affidavit | 10 |
| shall also state the number of offenses
committed while | 11 |
| operating a vehicle in connection with the driver's regular
| 12 |
| occupation. The affidavit shall be accompanied by the | 13 |
| driver's license.
Upon receipt of a properly completed | 14 |
| affidavit, the Secretary of State
shall issue the driver a | 15 |
| permit to operate a vehicle in connection with the
driver's | 16 |
| regular occupation only. Unless the permit is issued by the
| 17 |
| Secretary of State prior to the date of suspension, the | 18 |
| privilege to drive
any motor vehicle shall be suspended as | 19 |
| set forth in the notice that was
mailed under this Section. | 20 |
| If an affidavit is received subsequent to the
effective | 21 |
| date of this suspension, a permit may be issued for the | 22 |
| remainder
of the suspension period.
| 23 |
| The provisions of this subparagraph shall not apply to | 24 |
| any driver
required to possess a CDL for the purpose of | 25 |
| operating a commercial motor vehicle.
| 26 |
| Any person who falsely states any fact in the affidavit | 27 |
| required
herein shall be guilty of perjury under Section | 28 |
| 6-302 and upon conviction
thereof shall have all driving | 29 |
| privileges revoked without further rights.
| 30 |
| 3. At the conclusion of a hearing under Section 2-118 | 31 |
| of this Code,
the Secretary of State shall either rescind | 32 |
| or continue an order of
revocation or shall substitute an | 33 |
| order of suspension; or, good
cause appearing therefor, | 34 |
| rescind, continue, change, or extend the
order of | 35 |
| suspension. If the Secretary of State does not rescind the | 36 |
| order,
the Secretary may upon application,
to relieve undue |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| hardship, issue
a restricted driving permit granting the | 2 |
| privilege of driving a motor
vehicle between the | 3 |
| petitioner's residence and petitioner's place of
| 4 |
| employment or within the scope of his employment related | 5 |
| duties, or to
allow transportation for the petitioner, or a | 6 |
| household member of the
petitioner's family, to receive | 7 |
| necessary medical care and if the
professional evaluation | 8 |
| indicates, provide transportation for alcohol
remedial or | 9 |
| rehabilitative activity, or for the petitioner to attend
| 10 |
| classes, as a student, in an accredited educational | 11 |
| institution; if the
petitioner is able to demonstrate that | 12 |
| no alternative means of
transportation is reasonably | 13 |
| available and the petitioner will not endanger
the public | 14 |
| safety or welfare.
| 15 |
| If a person's license or permit has been revoked or | 16 |
| suspended due to 2
or more convictions of violating Section | 17 |
| 11-501 of this Code or a similar
provision of a local | 18 |
| ordinance or a similar out-of-state offense, arising out
of | 19 |
| separate occurrences, that person, if issued a restricted | 20 |
| driving permit,
may not operate a vehicle unless it has | 21 |
| been equipped with an ignition
interlock device as defined | 22 |
| in Section 1-129.1.
| 23 |
| If a person's license or permit has been revoked or | 24 |
| suspended 2 or more
times within a 10 year period due to a | 25 |
| single conviction of violating Section
11-501 of this Code | 26 |
| or a similar provision of a local ordinance or a similar
| 27 |
| out-of-state offense, and a statutory summary suspension | 28 |
| under Section
11-501.1, or 2 or more statutory summary | 29 |
| suspensions, or combination of 2
offenses, or of an offense | 30 |
| and a statutory summary suspension, arising out of
separate | 31 |
| occurrences, that person, if issued a restricted driving | 32 |
| permit, may
not operate a vehicle unless it has been
| 33 |
| equipped with an ignition interlock device as defined in | 34 |
| Section 1-129.1.
The person must pay to the Secretary of | 35 |
| State DUI Administration Fund an amount
not to exceed $20 | 36 |
| per month. The Secretary shall establish by rule the amount
|
|
|
|
SB2962 Engrossed |
- 16 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| and the procedures, terms, and conditions relating to these | 2 |
| fees. If the
restricted driving permit was issued for | 3 |
| employment purposes, then this
provision does not apply to | 4 |
| the operation of an occupational vehicle owned or
leased by | 5 |
| that person's employer. In each case the Secretary may | 6 |
| issue a
restricted driving permit for a period deemed | 7 |
| appropriate, except that all
permits shall expire within | 8 |
| one year from the date of issuance. The Secretary
may not, | 9 |
| however, issue a restricted driving permit to any person | 10 |
| whose current
revocation is the result of a second or | 11 |
| subsequent conviction for a violation
of Section 11-501 of | 12 |
| this Code or a similar provision of a local ordinance
| 13 |
| relating to the offense of operating or being in physical | 14 |
| control of a motor
vehicle while under the influence of | 15 |
| alcohol, other drug or drugs, intoxicating
compound or | 16 |
| compounds, or any similar out-of-state offense, or any | 17 |
| combination
of those offenses, until the expiration of at | 18 |
| least one year from the date of
the revocation. A
| 19 |
| restricted driving permit issued under this Section shall | 20 |
| be subject to
cancellation, revocation, and suspension by | 21 |
| the Secretary of State in like
manner and for like cause as | 22 |
| a driver's license issued under this Code may be
cancelled, | 23 |
| revoked, or suspended; except that a conviction upon one or | 24 |
| more
offenses against laws or ordinances regulating the | 25 |
| movement of traffic
shall be deemed sufficient cause for | 26 |
| the revocation, suspension, or
cancellation of a | 27 |
| restricted driving permit. The Secretary of State may, as
a | 28 |
| condition to the issuance of a restricted driving permit, | 29 |
| require the
applicant to participate in a designated driver | 30 |
| remedial or rehabilitative
program. The Secretary of State | 31 |
| is authorized to cancel a restricted
driving permit if the | 32 |
| permit holder does not successfully complete the program.
| 33 |
| (c-5) The Secretary of State may, as a condition of the | 34 |
| reissuance of a
driver's license or permit to an applicant | 35 |
| whose driver's license or permit has
been suspended before he | 36 |
| or she reached the age of 18 years pursuant to any of
the |
|
|
|
SB2962 Engrossed |
- 17 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| provisions of this Section, require the applicant to | 2 |
| participate in a
driver remedial education course and be | 3 |
| retested under Section 6-109 of this
Code.
| 4 |
| (d) This Section is subject to the provisions of the | 5 |
| Drivers License
Compact.
| 6 |
| (e) 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 suspended
or revoked under any | 9 |
| provisions of this Code.
| 10 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 11 |
| State may not issue a restricted driving permit for the | 12 |
| operation of a commercial motor vehicle to a person holding a | 13 |
| CDL whose driving privileges have been revoked under any | 14 |
| provisions of this Code. | 15 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 16 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 17 |
| 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 18 |
| Section 10. The Unified Code of Corrections is amended by | 19 |
| changing Section 5-5-3 as follows:
| 20 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 21 |
| Sec. 5-5-3. Disposition.
| 22 |
| (a) Except as provided in Section 11-501 of the Illinois | 23 |
| Vehicle Code, every person convicted of an offense shall be | 24 |
| sentenced as provided
in this Section.
| 25 |
| (b) The following options shall be appropriate | 26 |
| dispositions, alone
or in combination, for all felonies and | 27 |
| misdemeanors other than those
identified in subsection (c) of | 28 |
| this Section:
| 29 |
| (1) A period of probation.
| 30 |
| (2) A term of periodic imprisonment.
| 31 |
| (3) A term of conditional discharge.
| 32 |
| (4) A term of imprisonment.
| 33 |
| (5) An order directing the offender to clean up and | 34 |
| repair the
damage, if the offender was convicted under |
|
|
|
SB2962 Engrossed |
- 18 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 2 |
| (now repealed).
| 3 |
| (6) A fine.
| 4 |
| (7) An order directing the offender to make restitution | 5 |
| to the
victim under Section 5-5-6 of this Code.
| 6 |
| (8) A sentence of participation in a county impact | 7 |
| incarceration
program under Section 5-8-1.2 of this Code. | 8 |
| (9) A term of imprisonment in combination with a term | 9 |
| of probation when the offender has been admitted into a | 10 |
| drug court program under Section 20 of the Drug Court | 11 |
| Treatment Act.
| 12 |
| Neither a fine nor restitution shall be the sole | 13 |
| disposition
for a felony and either or both may be imposed only | 14 |
| in conjunction with
another disposition.
| 15 |
| (c) (1) When a defendant is found guilty of first degree | 16 |
| murder the
State may either seek a sentence of imprisonment | 17 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 18 |
| a sentence of death under Section 9-1
of the Criminal Code | 19 |
| of 1961.
| 20 |
| (2) A period of probation, a term of periodic | 21 |
| imprisonment or
conditional discharge shall not be imposed | 22 |
| for the following offenses.
The court shall sentence the | 23 |
| offender to not less than the minimum term
of imprisonment | 24 |
| set forth in this Code for the following offenses, and
may | 25 |
| order a fine or restitution or both in conjunction with | 26 |
| such term of
imprisonment:
| 27 |
| (A) First degree murder where the death penalty is | 28 |
| not imposed.
| 29 |
| (B) Attempted first degree murder.
| 30 |
| (C) A Class X felony.
| 31 |
| (D) A violation of Section 401.1 or 407 of the
| 32 |
| Illinois Controlled Substances Act, or a violation of | 33 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 34 |
| which relates to more than 5 grams of a substance
| 35 |
| containing heroin or cocaine or an analog thereof.
| 36 |
| (E) A violation of Section 5.1 or 9 of the Cannabis |
|
|
|
SB2962 Engrossed |
- 19 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| Control
Act.
| 2 |
| (F) A Class 2 or greater felony if the offender had | 3 |
| been convicted
of a Class 2 or greater felony within 10 | 4 |
| years of the date on which the
offender
committed the | 5 |
| offense for which he or she is being sentenced, except | 6 |
| as
otherwise provided in Section 40-10 of the | 7 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 8 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 9 |
| 24-1.6 of the Criminal Code of 1961 for which | 10 |
| imprisonment is prescribed in those Sections.
| 11 |
| (G) Residential burglary, except as otherwise | 12 |
| provided in Section 40-10
of the Alcoholism and Other | 13 |
| Drug Abuse and Dependency Act.
| 14 |
| (H) Criminal sexual assault.
| 15 |
| (I) Aggravated battery of a senior citizen.
| 16 |
| (J) A forcible felony if the offense was related to | 17 |
| the activities of an
organized gang.
| 18 |
| Before July 1, 1994, for the purposes of this | 19 |
| paragraph, "organized
gang" means an association of 5 | 20 |
| or more persons, with an established hierarchy,
that | 21 |
| encourages members of the association to perpetrate | 22 |
| crimes or provides
support to the members of the | 23 |
| association who do commit crimes.
| 24 |
| Beginning July 1, 1994, for the purposes of this | 25 |
| paragraph,
"organized gang" has the meaning ascribed | 26 |
| to it in Section 10 of the Illinois
Streetgang | 27 |
| Terrorism Omnibus Prevention Act.
| 28 |
| (K) Vehicular hijacking.
| 29 |
| (L) A second or subsequent conviction for the | 30 |
| offense of hate crime
when the underlying offense upon | 31 |
| which the hate crime is based is felony
aggravated
| 32 |
| assault or felony mob action.
| 33 |
| (M) A second or subsequent conviction for the | 34 |
| offense of institutional
vandalism if the damage to the | 35 |
| property exceeds $300.
| 36 |
| (N) A Class 3 felony violation of paragraph (1) of |
|
|
|
SB2962 Engrossed |
- 20 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| subsection (a) of
Section 2 of the Firearm Owners | 2 |
| Identification Card Act.
| 3 |
| (O) A violation of Section 12-6.1 of the Criminal | 4 |
| Code of 1961.
| 5 |
| (P) A violation of paragraph (1), (2), (3), (4), | 6 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 7 |
| Criminal Code of 1961.
| 8 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 9 |
| Criminal Code of
1961.
| 10 |
| (R) A violation of Section 24-3A of the Criminal | 11 |
| Code of
1961.
| 12 |
| (S) (Blank).
| 13 |
| (T) A second or subsequent violation of the | 14 |
| Methamphetamine Control and Community Protection Act.
| 15 |
| (3) (Blank).
| 16 |
| (4) A minimum term of imprisonment of not less than 10
| 17 |
| consecutive days or 30 days of community service shall be | 18 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 19 |
| of the Illinois Vehicle Code.
| 20 |
| (4.1) (Blank).
| 21 |
| (4.2) Except as provided in paragraph (4.3) of this | 22 |
| subsection (c), a
minimum of
100 hours of community service | 23 |
| shall be imposed for a second violation of
Section 6-303
of | 24 |
| the Illinois Vehicle Code.
| 25 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 26 |
| hours of community
service, as determined by the court, | 27 |
| shall
be imposed for a second violation of subsection (c) | 28 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 29 |
| (4.4) Except as provided in paragraph (4.5) and | 30 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 31 |
| imprisonment of 30 days or 300 hours of community service, | 32 |
| as
determined by the court, shall
be imposed
for a third or | 33 |
| subsequent violation of Section 6-303 of the Illinois | 34 |
| Vehicle
Code.
| 35 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 36 |
| be imposed for a third violation of subsection (c) of
|
|
|
|
SB2962 Engrossed |
- 21 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| Section 6-303 of the Illinois Vehicle Code.
| 2 |
| (4.6) A minimum term of imprisonment of 180 days shall | 3 |
| be imposed for a
fourth or subsequent violation of | 4 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 5 |
| Code.
| 6 |
| (5) The court may sentence an offender convicted of a | 7 |
| business
offense or a petty offense or a corporation or | 8 |
| unincorporated
association convicted of any offense to:
| 9 |
| (A) a period of conditional discharge;
| 10 |
| (B) a fine;
| 11 |
| (C) make restitution to the victim under Section | 12 |
| 5-5-6 of this Code.
| 13 |
| (5.1) In addition to any penalties imposed under | 14 |
| paragraph (5) of this
subsection (c), and except as | 15 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 16 |
| violating subsection (c) of Section 11-907 of the Illinois
| 17 |
| Vehicle Code shall have his or her driver's license, | 18 |
| permit, or privileges
suspended for at least 90 days but | 19 |
| not more than one year, if the violation
resulted in damage | 20 |
| to the property of another person.
| 21 |
| (5.2) In addition to any penalties imposed under | 22 |
| paragraph (5) of this
subsection (c), and except as | 23 |
| provided in paragraph (5.3), a person convicted
of | 24 |
| violating subsection (c) of Section 11-907 of the Illinois | 25 |
| Vehicle Code
shall have his or her driver's license, | 26 |
| permit, or privileges suspended for at
least 180 days but | 27 |
| not more than 2 years, if the violation resulted in injury
| 28 |
| to
another person.
| 29 |
| (5.3) In addition to any penalties imposed under | 30 |
| paragraph (5) of
this
subsection (c), a person convicted of | 31 |
| violating subsection (c) of Section
11-907 of the Illinois | 32 |
| Vehicle Code shall have his or her driver's license,
| 33 |
| permit, or privileges suspended for 2 years, if the | 34 |
| violation resulted in the
death of another person.
| 35 |
| (6) In no case shall an offender be eligible for a | 36 |
| disposition of
probation or conditional discharge for a |
|
|
|
SB2962 Engrossed |
- 22 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| Class 1 felony committed while
he was serving a term of | 2 |
| probation or conditional discharge for a felony.
| 3 |
| (7) When a defendant is adjudged a habitual criminal | 4 |
| under Article
33B of the Criminal Code of 1961, the court | 5 |
| shall sentence
the defendant to a term of natural life | 6 |
| imprisonment.
| 7 |
| (8) When a defendant, over the age of 21 years, is | 8 |
| convicted of a
Class 1 or Class 2 felony, after having | 9 |
| twice been convicted
in any state or
federal court of an | 10 |
| offense that contains the same elements as an offense now
| 11 |
| classified in Illinois as a Class 2 or greater Class felony
| 12 |
| and such charges are
separately brought and tried and arise | 13 |
| out of different series of acts,
such defendant shall be | 14 |
| sentenced as a Class X offender. This paragraph
shall not | 15 |
| apply unless (1) the first felony was committed after the
| 16 |
| effective date of this amendatory Act of 1977; and (2) the | 17 |
| second felony
was committed after conviction on the first; | 18 |
| and (3) the third felony
was committed after conviction on | 19 |
| the second.
A person sentenced as a Class X offender under | 20 |
| this paragraph is not
eligible to apply for treatment as a | 21 |
| condition of probation as provided by
Section 40-10 of the | 22 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 23 |
| (9) A defendant convicted of a second or subsequent | 24 |
| offense of ritualized
abuse of a child may be sentenced to | 25 |
| a term of natural life imprisonment.
| 26 |
| (10) (Blank).
| 27 |
| (11) The court shall impose a minimum fine of $1,000 | 28 |
| for a first offense
and $2,000 for a second or subsequent | 29 |
| offense upon a person convicted of or
placed on supervision | 30 |
| for battery when the individual harmed was a sports
| 31 |
| official or coach at any level of competition and the act | 32 |
| causing harm to the
sports
official or coach occurred | 33 |
| within an athletic facility or within the immediate | 34 |
| vicinity
of the athletic facility at which the sports | 35 |
| official or coach was an active
participant
of the athletic | 36 |
| contest held at the athletic facility. For the purposes of
|
|
|
|
SB2962 Engrossed |
- 23 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| this paragraph (11), "sports official" means a person at an | 2 |
| athletic contest
who enforces the rules of the contest, | 3 |
| such as an umpire or referee; "athletic facility" means an | 4 |
| indoor or outdoor playing field or recreational area where | 5 |
| sports activities are conducted;
and "coach" means a person | 6 |
| recognized as a coach by the sanctioning
authority that | 7 |
| conducted the sporting event. | 8 |
| (12) A person may not receive a disposition of court | 9 |
| supervision for a
violation of Section 5-16 of the Boat | 10 |
| Registration and Safety Act if that
person has previously | 11 |
| received a disposition of court supervision for a
violation | 12 |
| of that Section.
| 13 |
| (d) In any case in which a sentence originally imposed is | 14 |
| vacated,
the case shall be remanded to the trial court. The | 15 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 16 |
| Unified Code of Corrections
which may include evidence of the | 17 |
| defendant's life, moral character and
occupation during the | 18 |
| time since the original sentence was passed. The
trial court | 19 |
| shall then impose sentence upon the defendant. The trial
court | 20 |
| may impose any sentence which could have been imposed at the
| 21 |
| original trial subject to Section 5-5-4 of the Unified Code of | 22 |
| Corrections.
If a sentence is vacated on appeal or on | 23 |
| collateral attack due to the
failure of the trier of fact at | 24 |
| trial to determine beyond a reasonable doubt
the
existence of a | 25 |
| fact (other than a prior conviction) necessary to increase the
| 26 |
| punishment for the offense beyond the statutory maximum | 27 |
| otherwise applicable,
either the defendant may be re-sentenced | 28 |
| to a term within the range otherwise
provided or, if the State | 29 |
| files notice of its intention to again seek the
extended | 30 |
| sentence, the defendant shall be afforded a new trial.
| 31 |
| (e) In cases where prosecution for
aggravated criminal | 32 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 33 |
| results in conviction of a defendant
who was a family member of | 34 |
| the victim at the time of the commission of the
offense, the | 35 |
| court shall consider the safety and welfare of the victim and
| 36 |
| may impose a sentence of probation only where:
|
|
|
|
SB2962 Engrossed |
- 24 - |
LRB094 18882 RLC 54326 b |
|
| 1 |
| (1) the court finds (A) or (B) or both are appropriate:
| 2 |
| (A) the defendant is willing to undergo a court | 3 |
| approved counseling
program for a minimum duration of 2 | 4 |
| years; or
| 5 |
| (B) the defendant is willing to participate in a | 6 |
| court approved plan
including but not limited to the | 7 |
| defendant's:
| 8 |
| (i) removal from the household;
| 9 |
| (ii) restricted contact with the victim;
| 10 |
| (iii) continued financial support of the | 11 |
| family;
| 12 |
| (iv) restitution for harm done to the victim; | 13 |
| and
| 14 |
| (v) compliance with any other measures that | 15 |
| the court may
deem appropriate; and
| 16 |
| (2) the court orders the defendant to pay for the | 17 |
| victim's counseling
services, to the extent that the court | 18 |
| finds, after considering the
defendant's income and | 19 |
| assets, that the defendant is financially capable of
paying | 20 |
| for such services, if the victim was under 18 years of age | 21 |
| at the
time the offense was committed and requires | 22 |
| counseling as a result of the
offense.
| 23 |
| Probation may be revoked or modified pursuant to Section | 24 |
| 5-6-4; except
where the court determines at the hearing that | 25 |
| the defendant violated a
condition of his or her probation | 26 |
| restricting contact with the victim or
other family members or | 27 |
| commits another offense with the victim or other
family | 28 |
| members, the court shall revoke the defendant's probation and
| 29 |
| impose a term of imprisonment.
| 30 |
| For the purposes of this Section, "family member" and | 31 |
| "victim" shall have
the meanings ascribed to them in Section | 32 |
| 12-12 of the Criminal Code of
1961.
| 33 |
| (f) This Article shall not deprive a court in other | 34 |
| proceedings to
order a forfeiture of property, to suspend or | 35 |
| cancel a license, to
remove a person from office, or to impose | 36 |
| any other civil penalty.
|
|
|
|
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LRB094 18882 RLC 54326 b |
|
| 1 |
| (g) Whenever a defendant is convicted of an offense under | 2 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 3 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 4 |
| of the Criminal Code of 1961,
the defendant shall undergo | 5 |
| medical testing to
determine whether the defendant has any | 6 |
| sexually transmissible disease,
including a test for infection | 7 |
| with human immunodeficiency virus (HIV) or
any other identified | 8 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 9 |
| Any such medical test shall be performed only by appropriately
| 10 |
| licensed medical practitioners and may include an analysis of | 11 |
| any bodily
fluids as well as an examination of the defendant's | 12 |
| person.
Except as otherwise provided by law, the results of | 13 |
| such test shall be kept
strictly confidential by all medical | 14 |
| personnel involved in the testing and must
be personally | 15 |
| delivered in a sealed envelope to the judge of the court in | 16 |
| which
the conviction was entered for the judge's inspection in | 17 |
| camera. Acting in
accordance with the best interests of the | 18 |
| victim and the public, the judge
shall have the discretion to | 19 |
| determine to whom, if anyone, the results of the
testing may be | 20 |
| revealed. The court shall notify the defendant
of the test | 21 |
| results. The court shall
also notify the victim if requested by | 22 |
| the victim, and if the victim is under
the age of 15 and if | 23 |
| requested by the victim's parents or legal guardian, the
court | 24 |
| shall notify the victim's parents or legal guardian of the test
| 25 |
| results.
The court shall provide information on the | 26 |
| availability of HIV testing
and counseling at Department of | 27 |
| Public Health facilities to all parties to
whom the results of | 28 |
| the testing are revealed and shall direct the State's
Attorney | 29 |
| to provide the information to the victim when possible.
A | 30 |
| State's Attorney may petition the court to obtain the results | 31 |
| of any HIV test
administered under this Section, and the court | 32 |
| shall grant the disclosure if
the State's Attorney shows it is | 33 |
| relevant in order to prosecute a charge of
criminal | 34 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 35 |
| of 1961
against the defendant. The court shall order that the | 36 |
| cost of any such test
shall be paid by the county and may be |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| taxed as costs against the convicted
defendant.
| 2 |
| (g-5) When an inmate is tested for an airborne communicable | 3 |
| disease, as
determined by the Illinois Department of Public | 4 |
| Health including but not
limited to tuberculosis, the results | 5 |
| of the test shall be
personally delivered by the warden or his | 6 |
| or her designee in a sealed envelope
to the judge of the court | 7 |
| in which the inmate must appear for the judge's
inspection in | 8 |
| camera if requested by the judge. Acting in accordance with the
| 9 |
| best interests of those in the courtroom, the judge shall have | 10 |
| the discretion
to determine what if any precautions need to be | 11 |
| taken to prevent transmission
of the disease in the courtroom.
| 12 |
| (h) Whenever a defendant is convicted of an offense under | 13 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 14 |
| defendant shall undergo
medical testing to determine whether | 15 |
| the defendant has been exposed to human
immunodeficiency virus | 16 |
| (HIV) or any other identified causative agent of
acquired | 17 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 18 |
| by
law, the results of such test shall be kept strictly | 19 |
| confidential by all
medical personnel involved in the testing | 20 |
| and must be personally delivered in a
sealed envelope to the | 21 |
| judge of the court in which the conviction was entered
for the | 22 |
| judge's inspection in camera. Acting in accordance with the | 23 |
| best
interests of the public, the judge shall have the | 24 |
| discretion to determine to
whom, if anyone, the results of the | 25 |
| testing may be revealed. The court shall
notify the defendant | 26 |
| of a positive test showing an infection with the human
| 27 |
| immunodeficiency virus (HIV). The court shall provide | 28 |
| information on the
availability of HIV testing and counseling | 29 |
| at Department of Public Health
facilities to all parties to | 30 |
| whom the results of the testing are revealed and
shall direct | 31 |
| the State's Attorney to provide the information to the victim | 32 |
| when
possible. A State's Attorney may petition the court to | 33 |
| obtain the results of
any HIV test administered under this | 34 |
| Section, and the court shall grant the
disclosure if the | 35 |
| State's Attorney shows it is relevant in order to prosecute a
| 36 |
| charge of criminal transmission of HIV under Section 12-16.2 of |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| the Criminal
Code of 1961 against the defendant. The court | 2 |
| shall order that the cost of any
such test shall be paid by the | 3 |
| county and may be taxed as costs against the
convicted | 4 |
| defendant.
| 5 |
| (i) All fines and penalties imposed under this Section for | 6 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 7 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 8 |
| any violation
of the Child Passenger Protection Act, or a | 9 |
| similar provision of a local
ordinance, shall be collected and | 10 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 11 |
| of the Clerks of Courts Act.
| 12 |
| (j) In cases when prosecution for any violation of Section | 13 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 14 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 15 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 16 |
| Code of 1961, any violation of the Illinois Controlled | 17 |
| Substances Act,
any violation of the Cannabis Control Act, or | 18 |
| any violation of the Methamphetamine Control and Community | 19 |
| Protection Act results in conviction, a
disposition of court | 20 |
| supervision, or an order of probation granted under
Section 10 | 21 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 22 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 23 |
| Control and Community Protection Act of a defendant, the court | 24 |
| shall determine whether the
defendant is employed by a facility | 25 |
| or center as defined under the Child Care
Act of 1969, a public | 26 |
| or private elementary or secondary school, or otherwise
works | 27 |
| with children under 18 years of age on a daily basis. When a | 28 |
| defendant
is so employed, the court shall order the Clerk of | 29 |
| the Court to send a copy of
the judgment of conviction or order | 30 |
| of supervision or probation to the
defendant's employer by | 31 |
| certified mail.
If the employer of the defendant is a school, | 32 |
| the Clerk of the Court shall
direct the mailing of a copy of | 33 |
| the judgment of conviction or order of
supervision or probation | 34 |
| to the appropriate regional superintendent of schools.
The | 35 |
| regional superintendent of schools shall notify the State Board | 36 |
| of
Education of any notification under this subsection.
|
|
|
|
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| 1 |
| (j-5) A defendant at least 17 years of age who is convicted | 2 |
| of a felony and
who has not been previously convicted of a | 3 |
| misdemeanor or felony and who is
sentenced to a term of | 4 |
| imprisonment in the Illinois Department of Corrections
shall as | 5 |
| a condition of his or her sentence be required by the court to | 6 |
| attend
educational courses designed to prepare the defendant | 7 |
| for a high school diploma
and to work toward a high school | 8 |
| diploma or to work toward passing the high
school level Test of | 9 |
| General Educational Development (GED) or to work toward
| 10 |
| completing a vocational training program offered by the | 11 |
| Department of
Corrections. If a defendant fails to complete the | 12 |
| educational training
required by his or her sentence during the | 13 |
| term of incarceration, the Prisoner
Review Board shall, as a | 14 |
| condition of mandatory supervised release, require the
| 15 |
| defendant, at his or her own expense, to pursue a course of | 16 |
| study toward a high
school diploma or passage of the GED test. | 17 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 18 |
| release of a defendant who wilfully fails to
comply with this | 19 |
| subsection (j-5) upon his or her release from confinement in a
| 20 |
| penal institution while serving a mandatory supervised release | 21 |
| term; however,
the inability of the defendant after making a | 22 |
| good faith effort to obtain
financial aid or pay for the | 23 |
| educational training shall not be deemed a wilful
failure to | 24 |
| comply. The Prisoner Review Board shall recommit the defendant
| 25 |
| whose mandatory supervised release term has been revoked under | 26 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 27 |
| subsection (j-5) does not apply to a
defendant who has a high | 28 |
| school diploma or has successfully passed the GED
test. This | 29 |
| subsection (j-5) does not apply to a defendant who is | 30 |
| determined by
the court to be developmentally disabled or | 31 |
| otherwise mentally incapable of
completing the educational or | 32 |
| vocational program.
| 33 |
| (k) A court may not impose a sentence or disposition for a
| 34 |
| felony or misdemeanor that requires the defendant to be | 35 |
| implanted or injected
with or to use any form of birth control.
| 36 |
| (l) (A) Except as provided
in paragraph (C) of subsection |
|
|
|
SB2962 Engrossed |
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LRB094 18882 RLC 54326 b |
|
| 1 |
| (l), whenever a defendant,
who is an alien as defined by | 2 |
| the Immigration and Nationality Act, is convicted
of any | 3 |
| felony or misdemeanor offense, the court after sentencing | 4 |
| the defendant
may, upon motion of the State's Attorney, | 5 |
| hold sentence in abeyance and remand
the defendant to the | 6 |
| custody of the Attorney General of
the United States or his | 7 |
| or her designated agent to be deported when:
| 8 |
| (1) a final order of deportation has been issued | 9 |
| against the defendant
pursuant to proceedings under | 10 |
| the Immigration and Nationality Act, and
| 11 |
| (2) the deportation of the defendant would not | 12 |
| deprecate the seriousness
of the defendant's conduct | 13 |
| and would not be inconsistent with the ends of
justice.
| 14 |
| Otherwise, the defendant shall be sentenced as | 15 |
| provided in this Chapter V.
| 16 |
| (B) If the defendant has already been sentenced for a | 17 |
| felony or
misdemeanor
offense, or has been placed on | 18 |
| probation under Section 10 of the Cannabis
Control Act,
| 19 |
| Section 410 of the Illinois Controlled Substances Act, or | 20 |
| Section 70 of the Methamphetamine Control and Community | 21 |
| Protection Act, the court
may, upon motion of the State's | 22 |
| Attorney to suspend the
sentence imposed, commit the | 23 |
| defendant to the custody of the Attorney General
of the | 24 |
| United States or his or her designated agent when:
| 25 |
| (1) a final order of deportation has been issued | 26 |
| against the defendant
pursuant to proceedings under | 27 |
| the Immigration and Nationality Act, and
| 28 |
| (2) the deportation of the defendant would not | 29 |
| deprecate the seriousness
of the defendant's conduct | 30 |
| and would not be inconsistent with the ends of
justice.
| 31 |
| (C) This subsection (l) does not apply to offenders who | 32 |
| are subject to the
provisions of paragraph (2) of | 33 |
| subsection (a) of Section 3-6-3.
| 34 |
| (D) Upon motion of the State's Attorney, if a defendant | 35 |
| sentenced under
this Section returns to the jurisdiction of | 36 |
| the United States, the defendant
shall be recommitted to |
|
|
|
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LRB094 18882 RLC 54326 b |
|
| 1 |
| the custody of the county from which he or she was
| 2 |
| sentenced.
Thereafter, the defendant shall be brought | 3 |
| before the sentencing court, which
may impose any sentence | 4 |
| that was available under Section 5-5-3 at the time of
| 5 |
| initial sentencing. In addition, the defendant shall not be | 6 |
| eligible for
additional good conduct credit for | 7 |
| meritorious service as provided under
Section 3-6-6.
| 8 |
| (m) A person convicted of criminal defacement of property | 9 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 10 |
| property damage exceeds $300
and the property damaged is a | 11 |
| school building, shall be ordered to perform
community service | 12 |
| that may include cleanup, removal, or painting over the
| 13 |
| defacement.
| 14 |
| (n) The court may sentence a person convicted of a | 15 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 16 |
| Code of 1961 (i) to an impact
incarceration program if the | 17 |
| person is otherwise eligible for that program
under Section | 18 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 19 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 20 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 21 |
| program licensed under that
Act. | 22 |
| (o) Whenever a person is convicted of a sex offense as | 23 |
| defined in Section 2 of the Sex Offender Registration Act, the | 24 |
| defendant's driver's license or permit shall be subject to | 25 |
| renewal on an annual basis in accordance with the provisions of | 26 |
| license renewal established by the Secretary of State.
| 27 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 28 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 29 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 30 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 31 |
| eff. 9-11-05; revised 8-19-05.)
| 32 |
| Section 99. Effective date. This Act takes effect on | 33 |
| January 1, 2007.
|
|