Full Text of HB5073 97th General Assembly
HB5073enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Secretary of State Act is amended by | 5 | | changing Section 5.5 and by adding Section 6b as follows:
| 6 | | (15 ILCS 305/5.5)
| 7 | | Sec. 5.5. Secretary of State fees. There shall be paid to
| 8 | | the Secretary of State the following fees:
| 9 | | For certificate or apostille, with seal: $2.
| 10 | | For each certificate, without seal: $1.
| 11 | | For each commission to any officer or other person (except | 12 | | military
commissions), with seal: $2.
| 13 | | For copies of exemplifications of records, or for a | 14 | | certified copy of any
document, instrument, or paper when not | 15 | | otherwise provided by law, and
it does not exceed legal size: | 16 | | $0.50 per page or any portion
of a page; and
$2 for the | 17 | | certificate, with seal affixed.
| 18 | | For copies of exemplifications of records or a certified | 19 | | copy of any
document, instrument, or paper, when not otherwise | 20 | | provided for by law,
that exceeds legal size: $1 per page or | 21 | | any portion of a
page; and $2 for
the certificate, with seal | 22 | | affixed.
| 23 | | For copies of bills or other papers: $0.50 per page or any
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| 1 | | portion
of a page; and $2 for the certificate, with seal
| 2 | | affixed, except that
there shall be no charge for making or | 3 | | certifying copies that are furnished
to any governmental agency | 4 | | for official use.
| 5 | | For recording a duplicate of an affidavit showing the | 6 | | appointment of
trustees
of a religious corporation: $0.50; and | 7 | | $2 for the certificate of
recording,
with seal affixed.
| 8 | | For filing and recording an application under the Soil | 9 | | Conservation
Districts Law and making and issuing a certificate | 10 | | for the application, under seal:
$10.
| 11 | | For recording any other document, instrument, or paper | 12 | | required or
permitted to be recorded with the Secretary of | 13 | | State, which recording shall
be done by any approved | 14 | | photographic or photostatic process, if
the page
to be recorded | 15 | | does not exceed legal size and the fees and charges therefor
| 16 | | are not otherwise fixed by law: $0.50 per page or any portion | 17 | | of
a page; and $2
for the certificate of recording, with seal | 18 | | affixed.
| 19 | | For recording any other document, instrument, or paper | 20 | | required or
permitted to be recorded with the Secretary of | 21 | | State, which recording shall
be done by any approved | 22 | | photographic or photostatic process, if
the page
to be recorded | 23 | | exceeds legal size and the fees and charges therefor are not
| 24 | | otherwise fixed by law: $1 per page or any portion of a page; | 25 | | and $2 for the
certificate of recording attached to the | 26 | | original, with seal
affixed.
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| 1 | | For each duplicate certified copy of a school land patent: | 2 | | $3.
| 3 | | For each photostatic copy of a township plat: $2.
| 4 | | For each page of a photostatic copy of surveyors field | 5 | | notes: $2.
| 6 | | For each page of a photostatic copy of a state land patent, | 7 | | including
certification: $4.
| 8 | | For each page of a photostatic copy of a swamp land grant: | 9 | | $2.
| 10 | | For each page of photostatic copies of all other | 11 | | instruments or
documents relating to land records: $2.
| 12 | | For any payment to each check, money order, or bank draft | 13 | | returned by the Secretary of
State when it has not been | 14 | | honored: $25. If the total amount due to the Secretary exceeds | 15 | | $100 and has not been paid in full within 60 days from the date | 16 | | the fee became due, the Secretary shall assess a penalty of 25% | 17 | | of the dishonored payment amount.
| 18 | | For any research request received after the effective date | 19 | | of the changes
made to this Section by this
amendatory Act of | 20 | | the 93rd General Assembly by an out-of-State or non-Illinois
| 21 | | resident: $10,
prepaid and nonrefundable, for which the | 22 | | requester will receive up to 2
unofficial
noncertified copies | 23 | | of the records requested. The fees under this paragraph
shall | 24 | | be deposited into
the
General Revenue Fund.
| 25 | | The Illinois State Archives is authorized to charge | 26 | | reasonable fees to
reimburse the cost of production and |
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| 1 | | distribution of copies of finding aids to
the
records that it | 2 | | holds or copies of published versions or editions of those
| 3 | | records
in printed, microfilm, or electronic formats. The fees | 4 | | under this paragraph
shall be deposited
into
the
General | 5 | | Revenue Fund.
| 6 | | As used in this Section, "legal size" means a sheet of | 7 | | paper that is 8.5
inches wide and 14 inches long, or written or | 8 | | printed matter on a sheet of
paper that does not exceed that | 9 | | width and length, or either of them.
| 10 | | (Source: P.A. 93-32, eff. 1-1-04.)
| 11 | | (15 ILCS 305/6b new) | 12 | | Sec. 6b. Waiver of certain fees for disaster victims. | 13 | | (a) The Secretary of State may, upon a proclamation by the | 14 | | Governor that a disaster exists, waive fees for a duplicate | 15 | | certificate of title, vehicle registration, driver's license, | 16 | | or State identification card if the citizen provides sufficient | 17 | | proof that he or she resides in the declared disaster area. | 18 | | This authority may only be exercised for a period of 30 days | 19 | | after the Governor files the proclamation. | 20 | | (b) The citizen shall provide to the Secretary written | 21 | | documentation evidencing his or her residence or, if the | 22 | | citizen has none, the Secretary shall require the citizen to | 23 | | verify personal information currently on file with the | 24 | | Secretary of State. The citizen must also provide an | 25 | | affirmation, under penalty of perjury, that the original |
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| 1 | | documents were lost or destroyed in the disaster. If the | 2 | | Secretary is unable to confirm the identity of the citizen or | 3 | | that the residence of the citizen was within the declared | 4 | | disaster area, no document will be issued. | 5 | | (c) If, upon review of the documentation provided by the | 6 | | citizen, the Secretary finds that the citizen was not entitled | 7 | | to a waiver of fees under this Section, the Secretary is to | 8 | | demand payment for services rendered within 60 days. If payment | 9 | | for services is not made by the citizen, the Secretary may | 10 | | cancel or revoke the duplicate certificate of title, vehicle | 11 | | registration, driver's license, or State identification card. | 12 | | The citizen may request a hearing under Section 2-118 of the | 13 | | Illinois Vehicle Code to contest the action of the Secretary. | 14 | | Section 10. The Illinois Vehicle Code is amended by | 15 | | changing Sections 1-125.9, 3-821, 6-102, 6-107, 6-201, 6-402, | 16 | | 6-411 and 11-501.6 as follows: | 17 | | (625 ILCS 5/1-125.9)
| 18 | | Sec. 1-125.9. Highly restricted personal information. An | 19 | | individual's photograph or image, signature, social security | 20 | | number, personal email address,
and
medical or disability | 21 | | information.
| 22 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 23 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
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| 1 | | Sec. 3-821. Miscellaneous Registration and Title Fees.
| 2 | | (a) The fee to be paid to the Secretary of State for the | 3 | | following
certificates, registrations or evidences of proper | 4 | | registration, or for
corrected or duplicate documents shall be | 5 | | in accordance with the following
schedule:
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6 | | Certificate of Title, except for an all-terrain |
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7 | | vehicle or off-highway motorcycle |
$95 |
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8 | | Certificate of Title for an all-terrain vehicle |
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9 | | or off-highway motorcycle |
$30 |
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10 | | Certificate of Title for an all-terrain
vehicle |
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11 | | or off-highway motorcycle used for production |
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12 | | agriculture, or accepted by a dealer in trade | 13 | |
13 | | Certificate of Title for a low-speed vehicle | 30 |
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14 | | Transfer of Registration or any evidence of |
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15 | | proper registration
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$25 |
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16 | | Duplicate Registration Card for plates or other |
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17 | | evidence of proper registration |
3 |
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18 | | Duplicate Registration Sticker or Stickers, each | 20 |
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19 | | Duplicate Certificate of Title |
95 |
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20 | | Corrected Registration Card or Card for other |
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21 | | evidence of proper registration |
3 |
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22 | | Corrected Certificate of Title |
95 |
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23 | | Salvage Certificate |
4 |
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24 | | Fleet Reciprocity Permit |
15 |
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25 | | Prorate Decal |
1 |
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26 | | Prorate Backing Plate |
3 |
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| 1 | | Special Corrected Certificate of Title | 15
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2 | | Expedited Title Service (to be charged in addition | 3 | | to other applicable fees) | 30 |
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4 | | A special corrected certificate of title shall be issued | 5 | | (i) to remove a co-owner's name due to the death of the | 6 | | co-owner or due to a divorce or (ii) to change a co-owner's | 7 | | name due to a marriage.
| 8 | | There shall be no fee paid for a Junking Certificate.
| 9 | | There shall be no fee paid for a certificate of title | 10 | | issued to a county when the vehicle is forfeited to the county | 11 | | under Article 36 of the Criminal Code of 1961. | 12 | | (a-5) The Secretary of State may revoke a certificate of | 13 | | title and registration card and issue a corrected certificate | 14 | | of title and registration card, at no fee to the vehicle owner | 15 | | or lienholder, if there is proof that the vehicle | 16 | | identification number is erroneously shown on the original | 17 | | certificate of title.
| 18 | | (b) The Secretary may prescribe the maximum service charge | 19 | | to be
imposed upon an applicant for renewal of a registration | 20 | | by any person
authorized by law to receive and remit or | 21 | | transmit to the Secretary such
renewal application and fees | 22 | | therewith.
| 23 | | (c) If payment a check is delivered to the Office of the | 24 | | Secretary of State
as payment of any fee or tax under this | 25 | | Code, and such payment check is not
honored by the bank on | 26 | | which it is drawn for any reason, the registrant
or other |
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| 1 | | person tendering the payment check remains liable for the | 2 | | payment of
such fee or tax. The Secretary of State may assess a | 3 | | service charge of $25
$19
in addition to the fee or tax due and | 4 | | owing for all dishonored payments
checks .
| 5 | | If the total amount then due and owing exceeds the sum of | 6 | | $100 $50 and
has not been paid in full within 60 days from the | 7 | | date such fee or tax
became due to the Secretary of State, the | 8 | | Secretary of State shall
assess a penalty of 25% of such amount | 9 | | remaining unpaid.
| 10 | | All amounts payable under this Section shall be computed to | 11 | | the
nearest dollar. Out of each fee collected for dishonored | 12 | | payments, $5 shall be deposited in the Secretary of State | 13 | | Special Services Fund.
| 14 | | (d) The minimum fee and tax to be paid by any applicant for
| 15 | | apportionment of a fleet of vehicles under this Code shall be | 16 | | $15
if the application was filed on or before the date | 17 | | specified by the
Secretary together with fees and taxes due. If | 18 | | an application and the
fees or taxes due are filed after the | 19 | | date specified by the Secretary,
the Secretary may prescribe | 20 | | the payment of interest at the rate of 1/2
of 1% per month or | 21 | | fraction thereof after such due date and a minimum of
$8.
| 22 | | (e) Trucks, truck tractors, truck tractors with loads, and | 23 | | motor buses,
any one of which having a combined total weight in | 24 | | excess of 12,000 lbs.
shall file an application for a Fleet | 25 | | Reciprocity Permit issued by the
Secretary of State. This | 26 | | permit shall be in the possession of any driver
operating a |
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| 1 | | vehicle on Illinois highways. Any foreign licensed vehicle of | 2 | | the
second division operating at any time in Illinois without a | 3 | | Fleet Reciprocity
Permit or other proper Illinois | 4 | | registration, shall subject the operator to the
penalties | 5 | | provided in Section 3-834 of this Code. For the purposes of | 6 | | this
Code, "Fleet Reciprocity Permit" means any second division | 7 | | motor vehicle with a
foreign license and used only in | 8 | | interstate transportation of goods. The fee
for such permit | 9 | | shall be $15 per fleet which shall include all
vehicles of the | 10 | | fleet being registered.
| 11 | | (f) For purposes of this Section, "all-terrain vehicle or | 12 | | off-highway
motorcycle used for production agriculture" means | 13 | | any all-terrain vehicle or
off-highway motorcycle used in the | 14 | | raising
of or the propagation of livestock, crops for sale for | 15 | | human consumption,
crops for livestock consumption, and | 16 | | production seed stock grown for the
propagation of feed grains | 17 | | and the husbandry of animals or for the purpose
of providing a | 18 | | food product, including the husbandry of blood stock as a
main | 19 | | source of providing a food product.
"All-terrain vehicle or | 20 | | off-highway motorcycle used in production agriculture"
also | 21 | | means any all-terrain vehicle or off-highway motorcycle used in | 22 | | animal
husbandry, floriculture, aquaculture, horticulture, and | 23 | | viticulture.
| 24 | | (g) All of the proceeds of the additional fees imposed by | 25 | | Public Act 96-34 shall be deposited into the Capital Projects | 26 | | Fund. |
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| 1 | | (Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554, | 2 | | eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10; | 3 | | 96-1274, eff. 7-26-10.)
| 4 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
| 5 | | Sec. 6-102. What persons are exempt. The following persons | 6 | | are exempt
from the requirements of Section 6-101 and are not | 7 | | required to have an
Illinois drivers license or permit if one | 8 | | or more of the following
qualifying exemptions are met and | 9 | | apply:
| 10 | | 1. Any employee of the United States Government or any | 11 | | member of the
Armed Forces of the United States, while | 12 | | operating a motor vehicle owned by
or leased to the United | 13 | | States Government and being operated on official
business | 14 | | need not be licensed;
| 15 | | 2. A nonresident who has in his immediate possession a | 16 | | valid license issued
to him in his home state or country | 17 | | may operate a motor vehicle for which
he is licensed for | 18 | | the period during which he is in this State;
| 19 | | 3. A nonresident and his spouse and children living | 20 | | with him who is a
student at a college or university in | 21 | | Illinois who have a valid license
issued by their home | 22 | | State.
| 23 | | 4. A person operating a road machine temporarily upon a | 24 | | highway or
operating a farm tractor between the home farm | 25 | | buildings and any adjacent
or nearby farm land for the |
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| 1 | | exclusive purpose of conducting farm operations
need not be | 2 | | licensed as a driver.
| 3 | | 5. A resident of this State who has been serving as a | 4 | | member of the
Armed Forces of the United States outside the | 5 | | Continental limits of the
United States, for a period of | 6 | | 120 90 days following his return to the
continental limits | 7 | | of the United States.
| 8 | | 6. A nonresident on active duty in the Armed Forces of | 9 | | the United States
who has a valid license issued by his | 10 | | home state and such nonresident's
spouse, and dependent | 11 | | children and living with parents, who have a valid
license | 12 | | issued by their home state.
| 13 | | 7. A nonresident who becomes a resident of this State, | 14 | | may for a period of
the first 90 days of residence in | 15 | | Illinois operate any motor vehicle which
he was qualified | 16 | | or licensed to drive by his home state or country so long
| 17 | | as he has in his possession, a valid and current license | 18 | | issued to him by
his home state or country. Upon expiration | 19 | | of such 90 day period, such new
resident must comply with | 20 | | the provisions of this Act and apply for an
Illinois | 21 | | license or permit.
| 22 | | 8. An engineer, conductor, brakeman, or any other | 23 | | member of the crew
of a locomotive or train being operated | 24 | | upon rails, including operation on
a railroad crossing over | 25 | | a public street, road or highway. Such person is
not | 26 | | required to display a driver's license to any law |
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| 1 | | enforcement officer
in connection with the operation of a | 2 | | locomotive or train within this State.
| 3 | | The provisions of this Section granting exemption to any | 4 | | nonresident
shall be operative to the same extent that the laws | 5 | | of the State or country
of such nonresident grant like | 6 | | exemption to residents of this State.
| 7 | | The Secretary of State may implement the exemption | 8 | | provisions of this
Section by inclusion thereof in a | 9 | | reciprocity agreement, arrangement or
declaration issued | 10 | | pursuant to this Act.
| 11 | | (Source: P.A. 96-607, eff. 8-24-09.)
| 12 | | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 13 | | Sec. 6-107. Graduated license.
| 14 | | (a) The purpose of the Graduated
Licensing Program is to | 15 | | develop safe and mature driving habits in young,
inexperienced | 16 | | drivers and reduce or prevent motor vehicle accidents,
| 17 | | fatalities,
and injuries by:
| 18 | | (1) providing for an increase in the time of practice | 19 | | period before
granting
permission to obtain a driver's | 20 | | license;
| 21 | | (2) strengthening driver licensing and testing | 22 | | standards for persons under
the age of 21 years;
| 23 | | (3) sanctioning driving privileges of drivers under | 24 | | age 21 who have
committed serious traffic violations or | 25 | | other specified offenses; and
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| 1 | | (4) setting stricter standards to promote the public's | 2 | | health and
safety.
| 3 | | (b) The application of any person under
the age of 18 | 4 | | years, and not legally emancipated by marriage , for a drivers
| 5 | | license or permit to operate a motor vehicle issued under the | 6 | | laws of this
State, shall be accompanied by the written consent | 7 | | of either parent of the
applicant; otherwise by the guardian | 8 | | having custody of the applicant, or
in the event there is no | 9 | | parent or guardian, then by another responsible adult. The | 10 | | written consent must accompany any application for a driver's | 11 | | license under this subsection (b), regardless of whether or not | 12 | | the required written consent also accompanied the person's | 13 | | previous application for an instruction permit.
| 14 | | No graduated driver's license shall be issued to any | 15 | | applicant under 18
years
of age, unless the applicant is at | 16 | | least 16 years of age and has:
| 17 | | (1) Held a valid instruction permit for a minimum of 9 | 18 | | months.
| 19 | | (2) Passed an approved driver education course
and | 20 | | submits proof of having passed the course as may
be | 21 | | required.
| 22 | | (3) Certification by the parent, legal guardian, or | 23 | | responsible adult that
the applicant has had a minimum of | 24 | | 50 hours of behind-the-wheel practice time, at least 10 | 25 | | hours of which have been at night,
and is sufficiently | 26 | | prepared and able to safely operate a motor vehicle.
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| 1 | | (b-1) No graduated
driver's license shall be issued to any | 2 | | applicant who is under 18 years of age
and not legally | 3 | | emancipated by marriage , unless the applicant has graduated
| 4 | | from a secondary school of this State or any other state, is | 5 | | enrolled in a
course leading to a general educational | 6 | | development (GED) certificate, has
obtained a GED certificate, | 7 | | is enrolled in an elementary or secondary school or college or | 8 | | university
of this State or any other state and is not a | 9 | | chronic or habitual truant as provided in Section 26-2a of the | 10 | | School Code, or is receiving home instruction and submits proof | 11 | | of meeting any of those
requirements at the time of | 12 | | application.
| 13 | | An applicant under 18 years of age who provides proof | 14 | | acceptable to the Secretary that the applicant has resumed | 15 | | regular school attendance or home instruction or that his or | 16 | | her application was denied in error shall be eligible to | 17 | | receive a graduated license if other requirements are met. The | 18 | | Secretary shall adopt rules for implementing this subsection | 19 | | (b-1).
| 20 | | (c) No graduated driver's license or permit shall be issued | 21 | | to
any applicant under 18
years of age who has committed the | 22 | | offense of operating a motor vehicle
without a valid license or | 23 | | permit in violation of Section 6-101 of this Code
or a similar | 24 | | out of state offense and no graduated driver's
license or | 25 | | permit shall be issued to any applicant under 18 years of age
| 26 | | who has committed an offense that would otherwise result in a
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| 1 | | mandatory revocation of a license or permit as provided in | 2 | | Section 6-205 of
this Code or who has been either convicted of | 3 | | or adjudicated a delinquent based
upon a violation of the | 4 | | Cannabis Control Act, the Illinois Controlled
Substances Act, | 5 | | the Use of Intoxicating Compounds Act, or the Methamphetamine | 6 | | Control and Community Protection Act while that individual was | 7 | | in actual physical control of a motor
vehicle. For purposes of | 8 | | this Section, any person placed on probation under
Section 10 | 9 | | of the Cannabis Control Act, Section 410 of the Illinois
| 10 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 11 | | Control and Community Protection Act shall not be considered | 12 | | convicted. Any person found
guilty of this offense, while in | 13 | | actual physical control of a motor vehicle,
shall have an entry | 14 | | made in the court record by the judge that this offense did
| 15 | | occur while the person was in actual physical control of a | 16 | | motor vehicle and
order the clerk of the court to report the | 17 | | violation to the Secretary of State
as such.
| 18 | | (d) No graduated driver's license shall be issued for 9 | 19 | | months to any
applicant
under
the
age of 18 years who has | 20 | | committed and subsequently been convicted of an offense against | 21 | | traffic regulations governing the movement of vehicles, any | 22 | | violation of this Section or Section 12-603.1 of this Code, or | 23 | | who has received a disposition of court supervision for a | 24 | | violation of Section 6-20 of the Illinois Liquor Control Act of | 25 | | 1934 or a similar provision of a local ordinance.
| 26 | | (e) No graduated driver's license holder under the age
of |
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| 1 | | 18 years shall operate any
motor vehicle, except a motor driven | 2 | | cycle or motorcycle, with
more than one passenger in the front | 3 | | seat of the motor vehicle
and no more passengers in the back | 4 | | seats than the number of available seat
safety belts as set | 5 | | forth in Section 12-603 of this Code. If a graduated driver's | 6 | | license holder over the age of 18 committed an offense against | 7 | | traffic regulations governing the movement of vehicles or any | 8 | | violation of this Section or Section 12-603.1 of this Code in | 9 | | the 6 months prior to the graduated driver's license holder's | 10 | | 18th birthday, and was subsequently convicted of the violation, | 11 | | the provisions of this paragraph shall continue to apply until | 12 | | such time as a period of 6 consecutive months has elapsed | 13 | | without an additional violation and subsequent conviction of an | 14 | | offense against traffic regulations governing the movement of | 15 | | vehicles or any violation of this Section or Section 12-603.1 | 16 | | of this Code.
| 17 | | (f) (Blank). No graduated driver's license holder under the | 18 | | age of 18 shall operate a
motor vehicle unless each driver and | 19 | | passenger under the
age of 19 is wearing a properly adjusted | 20 | | and fastened seat safety belt and each child under the age of 8 | 21 | | is protected as required under the Child Passenger Protection | 22 | | Act. If a graduated driver's license holder over the age of 18 | 23 | | committed an offense against traffic regulations governing the | 24 | | movement of vehicles or any violation of this Section or | 25 | | Section 12-603.1 of this Code in the 6 months prior to the | 26 | | graduated driver's license holder's 18th birthday, and was |
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| 1 | | subsequently convicted of the violation, the provisions of this | 2 | | paragraph shall continue to apply until such time as a period | 3 | | of 6 consecutive months has elapsed without an additional | 4 | | violation and subsequent conviction of an offense against | 5 | | traffic regulations governing the movement of vehicles or any | 6 | | violation of this Section or Section 12-603.1 of this Code.
| 7 | | (g) If a graduated driver's license holder is under the age | 8 | | of 18 when he
or she receives the license, for the first 12 | 9 | | months he or she holds the license
or
until he or she reaches | 10 | | the age of 18, whichever occurs sooner, the graduated
license
| 11 | | holder may not operate a motor vehicle with more than one | 12 | | passenger in the
vehicle
who is under the age of 20, unless any | 13 | | additional passenger or passengers are
siblings, | 14 | | step-siblings, children, or stepchildren of the driver. If a | 15 | | graduated driver's license holder committed an offense against | 16 | | traffic regulations governing the movement of vehicles or any | 17 | | violation of this Section or Section 12-603.1 of this Code | 18 | | during the first 12 months the license is held and subsequently | 19 | | is convicted of the violation, the provisions of this paragraph | 20 | | shall remain in effect until such time as a period of 6 | 21 | | consecutive months has elapsed without an additional violation | 22 | | and subsequent conviction of an offense against traffic | 23 | | regulations governing the movement of vehicles or any violation | 24 | | of this Section or Section 12-603.1 of this Code.
| 25 | | (h) It shall be an offense for a person that is age 15, but | 26 | | under age 20, to be a passenger in a vehicle operated by a |
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| 1 | | driver holding a graduated driver's license during the first 12 | 2 | | months the driver holds the license or until the driver reaches | 3 | | the age of 18, whichever occurs sooner, if another passenger | 4 | | under the age of 20 is present, excluding a sibling, | 5 | | step-sibling, child, or step-child of the driver.
| 6 | | (Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11.)
| 7 | | (625 ILCS 5/6-201)
| 8 | | Sec. 6-201. Authority to cancel licenses and permits.
| 9 | | (a) The Secretary of State is authorized to cancel any | 10 | | license or permit
upon determining that the holder thereof:
| 11 | | 1. was not entitled to the issuance thereof hereunder; | 12 | | or
| 13 | | 2. failed to give the required or correct information | 14 | | in his
application; or
| 15 | | 3. failed to pay any fees, civil penalties owed to the | 16 | | Illinois Commerce
Commission, or taxes due under this Act | 17 | | and upon reasonable notice and demand;
or
| 18 | | 4. committed any fraud in the making of such | 19 | | application; or
| 20 | | 5. is ineligible therefor under the provisions of | 21 | | Section 6-103 of this
Act, as amended; or
| 22 | | 6. has refused or neglected to submit an alcohol, drug, | 23 | | and
intoxicating compound evaluation or to
submit to | 24 | | examination or re-examination as required under this Act; | 25 | | or
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| 1 | | 7. has been convicted of violating the Cannabis Control | 2 | | Act,
the
Illinois Controlled Substances Act, the | 3 | | Methamphetamine Control and Community Protection Act, or | 4 | | the Use of Intoxicating Compounds
Act while that individual | 5 | | was in actual physical
control of a motor vehicle. For | 6 | | purposes of this Section, any person placed on
probation | 7 | | under Section 10 of the Cannabis Control Act, Section 410 | 8 | | of the
Illinois Controlled Substances Act, or Section 70 of | 9 | | the Methamphetamine Control and Community Protection Act | 10 | | shall not be considered convicted. Any
person found guilty | 11 | | of this offense, while in actual physical control of a
| 12 | | motor vehicle, shall have an entry made in the court record | 13 | | by the
judge that this offense did occur while the person | 14 | | was in actual
physical control of a motor vehicle and order | 15 | | the clerk of the court to report
the violation to the | 16 | | Secretary of State as such. After the cancellation, the
| 17 | | Secretary of State shall not issue a new license or permit | 18 | | for a period of one
year after the date of cancellation. | 19 | | However, upon application, the Secretary
of State may, if | 20 | | satisfied that the person applying will not endanger the
| 21 | | public safety, or welfare, issue a restricted driving | 22 | | permit granting the
privilege of driving a motor vehicle | 23 | | between the petitioner's residence and
petitioner's place | 24 | | of employment or within the scope of the petitioner's | 25 | | employment
related duties, or to allow transportation for
| 26 | | the petitioner or a household member of the petitioner's |
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| 1 | | family for the receipt of
necessary medical care, or | 2 | | provide transportation for the petitioner to and from | 3 | | alcohol or drug remedial or
rehabilitative activity | 4 | | recommended by a licensed service provider, or for the | 5 | | petitioner to attend classes, as a student,
in an | 6 | | accredited educational institution. The petitioner must
| 7 | | demonstrate that no alternative means of transportation is | 8 | | reasonably
available; provided that the Secretary's | 9 | | discretion shall be limited to
cases where undue hardship, | 10 | | as defined by the rules of the Secretary of State, would | 11 | | result from a failure to issue such
restricted driving | 12 | | permit. In each case the Secretary of State may issue
such | 13 | | restricted driving permit for such period as he deems | 14 | | appropriate,
except that such permit shall expire within | 15 | | one year from the date of
issuance. A restricted driving | 16 | | permit issued hereunder shall be subject to
cancellation, | 17 | | revocation and suspension by the Secretary of State in like
| 18 | | manner and for like cause as a driver's license issued | 19 | | hereunder may be
cancelled, revoked or suspended; except | 20 | | that a conviction upon one or more
offenses against laws or | 21 | | ordinances regulating the movement of traffic
shall be | 22 | | deemed sufficient cause for the revocation, suspension or
| 23 | | cancellation of a restricted driving permit. The Secretary | 24 | | of State may,
as a condition to the issuance of a | 25 | | restricted driving permit, require the
applicant to | 26 | | participate in a driver remedial or rehabilitative
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| 1 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 2 | | State may not issue a restricted driving permit for the | 3 | | operation of a commercial motor vehicle to a person holding | 4 | | a CDL whose driving privileges have been revoked, | 5 | | suspended, cancelled, or disqualified under this Code; or
| 6 | | 8. failed to submit a report as required by Section | 7 | | 6-116.5 of this
Code; or
| 8 | | 9. has been convicted of a sex offense as defined in | 9 | | the Sex Offender Registration Act. The driver's license | 10 | | shall remain cancelled until the driver registers as a sex | 11 | | offender as required by the Sex Offender Registration Act, | 12 | | proof of the registration is furnished to the Secretary of | 13 | | State and the sex offender provides proof of current | 14 | | address to the Secretary; or
| 15 | | 10. is ineligible for a license or permit under Section | 16 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 17 | | 11. refused or neglected to appear at a Driver Services | 18 | | facility to have the license or permit corrected and a new | 19 | | license or permit issued or to present documentation for | 20 | | verification of identity; or
| 21 | | 12. failed to submit a medical examiner's certificate | 22 | | or medical variance as required by 49 C.F.R. 383.71 or | 23 | | submitted a fraudulent medical examiner's certificate or | 24 | | medical variance ; or . | 25 | | 13. has had his or her medical examiner's certificate, | 26 | | medical variance, or both removed or rescinded by the |
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| 1 | | Federal Motor Carrier Safety Administration; or | 2 | | 14. failed to self-certify as to the type of driving in | 3 | | which the CDL driver engages or expects to engage. | 4 | | (b) Upon such cancellation the licensee or permittee must | 5 | | surrender the
license or permit so cancelled to the Secretary | 6 | | of State.
| 7 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 8 | | Secretary of State
shall have exclusive authority to grant, | 9 | | issue, deny, cancel, suspend and
revoke driving privileges, | 10 | | drivers' licenses and restricted driving permits.
| 11 | | (d) The Secretary of State may adopt rules to implement | 12 | | this Section.
| 13 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 14 | | revised 10-4-11.)
| 15 | | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| 16 | | Sec. 6-402. Qualifications of driver training schools. In | 17 | | order to
qualify for a license to operate a driver training | 18 | | school, each applicant must:
| 19 | | (a) be of good moral character;
| 20 | | (b) be at least 21 years of age;
| 21 | | (c) maintain an established place of business open to | 22 | | the public which
meets the requirements of Section 6-403 | 23 | | through 6-407;
| 24 | | (d) maintain bodily injury and property damage | 25 | | liability insurance on
motor vehicles while used in driving |
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| 1 | | instruction, insuring the liability of
the driving school, | 2 | | the driving instructors and any person taking
instruction | 3 | | in at least the following amounts: $50,000 for bodily | 4 | | injury to
or death of one person in any one accident and, | 5 | | subject to said limit for
one person, $100,000 for bodily | 6 | | injury to or death of 2 or more persons in
any one accident | 7 | | and the amount of $10,000 for damage to property of others
| 8 | | in any one accident. Evidence of such insurance coverage in | 9 | | the form of a
certificate from the insurance carrier shall | 10 | | be filed with the Secretary of
State, and such certificate | 11 | | shall stipulate that the insurance shall not be
cancelled | 12 | | except upon 10 days prior written notice to the Secretary | 13 | | of
State. The decal showing evidence of insurance shall be | 14 | | affixed to the
windshield of the vehicle;
| 15 | | (e) provide a continuous surety company bond in the | 16 | | principal sum of
$10,000 for a non-accredited school, | 17 | | $40,000 for a CDL or teenage accredited school, $60,000 for | 18 | | a CDL accredited and teenage accredited school, $50,000 for | 19 | | a CDL or teenage accredited school with 3 or more licensed | 20 | | branches, $70,000 for a CDL accredited and teenage | 21 | | accredited school with 3 or more licensed branches for the | 22 | | protection of the contractual rights of
students in such
| 23 | | form as will meet with the approval of the Secretary of | 24 | | State and written
by a company authorized to do business in | 25 | | this State. However, the
aggregate liability of the surety | 26 | | for all breaches of the condition of the
bond in no event |
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| 1 | | shall exceed the principal sum of $10,000 for a | 2 | | non-accredited school, $40,000 for a CDL or teenage | 3 | | accredited school, $60,000 for a CDL accredited and teenage | 4 | | accredited school, $50,000 for a CDL or teenage accredited | 5 | | school with 3 or more licensed branches, $70,000 for a CDL | 6 | | accredited and teenage accredited school with 3 or more | 7 | | licensed branches. The
surety on
any such bond may cancel | 8 | | such bond on giving 30 days notice thereof in
writing to | 9 | | the Secretary of State and shall be relieved of liability | 10 | | for
any breach of any conditions of the bond which occurs | 11 | | after the effective
date of cancellation;
| 12 | | (f) have the equipment necessary to the giving of | 13 | | proper instruction in
the operation of motor vehicles;
| 14 | | (g) have and use a business telephone listing for all | 15 | | business
purposes;
| 16 | | (h) pay to the Secretary of State an application fee of
| 17 | | $500 and $50 for each branch application; and
| 18 | | (i) authorize an investigation to include a | 19 | | fingerprint based background
check
to determine if the | 20 | | applicant has ever been convicted of a crime and if so, the
| 21 | | disposition of those convictions. The authorization shall | 22 | | indicate the scope
of
the inquiry and the agencies that may | 23 | | be contacted. Upon this authorization,
the
Secretary of | 24 | | State may request and receive information and assistance | 25 | | from any
federal, State, or local governmental agency as | 26 | | part of the authorized
investigation. Each applicant shall |
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| 1 | | have his or her fingerprints submitted to
the Department of | 2 | | State Police in the form and manner prescribed by the
| 3 | | Department of State Police. The fingerprints shall be | 4 | | checked against the
Department of State Police and Federal | 5 | | Bureau of Investigation criminal history
record | 6 | | information databases. The Department of State
Police | 7 | | shall charge a fee for conducting the criminal history | 8 | | records check,
which shall be deposited in the State Police | 9 | | Services Fund and shall not exceed
the actual cost of the | 10 | | records check. The applicant shall be required to pay
all
| 11 | | related fingerprint fees including, but not limited to, the | 12 | | amounts established
by the Department of State Police and | 13 | | the Federal Bureau of Investigation to
process fingerprint | 14 | | based criminal background investigations. The Department | 15 | | of
State Police shall provide information concerning any | 16 | | criminal convictions and
disposition of criminal | 17 | | convictions brought against the applicant upon request
of | 18 | | the Secretary
of State provided that the request is made in | 19 | | the form and manner required by
the
Department of the State | 20 | | Police. Unless otherwise prohibited by law, the
| 21 | | information derived from the investigation including the | 22 | | source of the
information and any conclusions or | 23 | | recommendations derived from the
information by the | 24 | | Secretary of State shall be provided to the applicant, or
| 25 | | his
designee, upon request to the Secretary of State, prior | 26 | | to any final action by
the Secretary of State on the |
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| 1 | | application. Any criminal convictions and
disposition | 2 | | information obtained by the Secretary of State shall be
| 3 | | confidential
and may not be transmitted outside the Office | 4 | | of the Secretary of State, except
as required herein, and | 5 | | may not be transmitted to anyone within the Office of
the | 6 | | Secretary of State except as needed for the purpose of | 7 | | evaluating the
applicant. At any administrative hearing | 8 | | held under Section 2-118 of this Code relating to the | 9 | | denial, cancellation, suspension, or revocation of a | 10 | | driver training school license, the Secretary of State is | 11 | | authorized to utilize at that hearing any criminal | 12 | | histories, criminal convictions, and disposition | 13 | | information obtained under this Section. The information | 14 | | obtained from the investigation may be maintained
by the | 15 | | Secretary of State or any agency to which the information | 16 | | was
transmitted.
Only information and standards, which | 17 | | bear a reasonable and rational relation
to
the performance | 18 | | of a driver training school owner, shall be used by the
| 19 | | Secretary of State. Any employee of the Secretary of State | 20 | | who gives or causes
to be given away any confidential | 21 | | information concerning any criminal charges
or disposition | 22 | | of criminal charges of an applicant shall be guilty of a | 23 | | Class A
misdemeanor,
unless release of the information is | 24 | | authorized by this Section.
| 25 | | No license shall be issued under this Section to a person | 26 | | who is a
spouse, offspring, sibling, parent, grandparent, |
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| 1 | | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | 2 | | of the person whose license to do
business at that location has | 3 | | been revoked or denied or to a person who was
an officer or | 4 | | employee of a business firm that has had its license revoked
or | 5 | | denied, unless the Secretary of State is satisfied the | 6 | | application was
submitted in good faith and not for the purpose | 7 | | or effect of defeating the
intent of this Code.
| 8 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; | 9 | | 96-1062, eff. 7-14-10; 97-333, eff. 8-12-11.)
| 10 | | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| 11 | | Sec. 6-411. Qualifications of Driver Training Instructors. | 12 | | In order to
qualify for a license as an instructor for a | 13 | | driving school, an applicant must:
| 14 | | (a) Be of good moral character;
| 15 | | (b) Authorize an investigation to include a | 16 | | fingerprint based background
check to determine if the | 17 | | applicant has ever
been convicted of a crime and if so, the | 18 | | disposition of those convictions;
this authorization shall | 19 | | indicate the scope of the inquiry and the agencies
which | 20 | | may be contacted. Upon this authorization the Secretary of | 21 | | State
may request and receive information and assistance | 22 | | from any federal, state
or local governmental agency as | 23 | | part of the authorized investigation.
Each applicant shall | 24 | | submit his or her fingerprints to
the Department
of State | 25 | | Police in the form and manner prescribed by the Department |
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| 1 | | of State
Police. These fingerprints shall be checked | 2 | | against the fingerprint records now
and hereafter filed in | 3 | | the Department of State
Police and Federal Bureau of | 4 | | Investigation criminal history records
databases. The | 5 | | Department of State Police shall charge
a fee for | 6 | | conducting the criminal history records check, which shall | 7 | | be
deposited in the State Police Services Fund and shall | 8 | | not exceed the actual
cost of the records check. The | 9 | | applicant shall be required to pay all related
fingerprint | 10 | | fees including, but not limited to, the amounts established | 11 | | by the
Department of State Police and the Federal Bureau of | 12 | | Investigation to process
fingerprint based criminal | 13 | | background investigations.
The
Department of State Police | 14 | | shall provide information concerning any criminal
| 15 | | convictions, and their disposition, brought against the | 16 | | applicant upon request
of the Secretary of State when the | 17 | | request is made in the form and manner
required by the | 18 | | Department of State Police. Unless otherwise prohibited by
| 19 | | law, the information derived
from this investigation | 20 | | including the source of this information, and any
| 21 | | conclusions or recommendations derived from this | 22 | | information by the Secretary
of State shall be provided to | 23 | | the applicant, or his designee, upon request
to the | 24 | | Secretary of State, prior to any final action by the
| 25 | | Secretary of State on the application. At any | 26 | | administrative hearing held under Section 2-118 of this |
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| 1 | | Code relating to the denial, cancellation, suspension, or | 2 | | revocation of a driver training school license, the | 3 | | Secretary of State is authorized to utilize at that hearing | 4 | | any criminal histories, criminal convictions, and | 5 | | disposition information obtained under this Section. Any | 6 | | criminal
convictions and their disposition information | 7 | | obtained by the Secretary
of State shall be confidential | 8 | | and may not be transmitted outside the Office
of the | 9 | | Secretary of State, except as required herein, and may not | 10 | | be
transmitted to anyone within the Office of the Secretary | 11 | | of State except as
needed for
the purpose of evaluating the | 12 | | applicant. The information obtained from this
| 13 | | investigation may be maintained by the
Secretary of State | 14 | | or
any agency to which such information was
transmitted. | 15 | | Only information
and standards which bear a reasonable and | 16 | | rational relation to the performance
of a driver training | 17 | | instructor shall be used by the Secretary of State.
Any | 18 | | employee of the Secretary of State who gives or causes to | 19 | | be given away
any confidential information concerning any
| 20 | | criminal charges and their disposition of an applicant | 21 | | shall be guilty of
a Class A misdemeanor unless release of | 22 | | such information is authorized by this
Section;
| 23 | | (c) Pass such examination as the Secretary of State | 24 | | shall require on (1)
traffic laws, (2) safe driving | 25 | | practices, (3) operation of motor vehicles,
and (4) | 26 | | qualifications of teacher;
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| 1 | | (d) Be physically able to operate safely a motor | 2 | | vehicle and to train
others in the operation of motor | 3 | | vehicles. An instructors license application
must be | 4 | | accompanied by a medical examination report completed by a | 5 | | competent
physician licensed to practice in the State of | 6 | | Illinois;
| 7 | | (e) Hold a valid Illinois drivers license;
| 8 | | (f) Have graduated from an accredited high school after | 9 | | at least 4 years
of high school education or the | 10 | | equivalent; and
| 11 | | (g) Pay to the Secretary of State an application and | 12 | | license fee of $70.
| 13 | | If a driver training school class room instructor teaches | 14 | | an approved driver
education course, as defined in Section | 15 | | 1-103 of this Code, to students
under 18 years of age, he or | 16 | | she shall furnish to
the Secretary of State a certificate | 17 | | issued by the State Board of Education
that the said instructor | 18 | | is qualified and meets the minimum educational
standards for | 19 | | teaching driver education courses in the local public or
| 20 | | parochial school systems, except that no State Board of | 21 | | Education certification
shall be required of any instructor who | 22 | | teaches exclusively in a
commercial driving school. On and | 23 | | after July 1, 1986, the existing
rules and regulations of the | 24 | | State
Board of Education concerning commercial driving schools | 25 | | shall continue to
remain in effect but shall be administered by | 26 | | the Secretary of State until
such time as the Secretary of |
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| 1 | | State shall amend or repeal the rules in
accordance with the | 2 | | Illinois Administrative Procedure Act. Upon request,
the | 3 | | Secretary of State shall issue a certificate of completion to a | 4 | | student
under 18 years of age who has completed an approved | 5 | | driver education course
at a commercial driving school.
| 6 | | (Source: P.A. 95-331, eff. 8-21-07; 96-740, eff. 1-1-10; | 7 | | 96-962, eff. 7-2-10.)
| 8 | | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
| 9 | | Sec. 11-501.6. Driver involvement in personal injury or | 10 | | fatal motor
vehicle accident not involving an arrest for a | 11 | | violation of Section 11-501; driving under the influence of | 12 | | alcohol, other drug or drugs, intoxicating compounds, or any | 13 | | combination thereof ; chemical test. | 14 | | (a) Any person who drives or is in actual control of a | 15 | | motor vehicle
upon the public highways of this State and who | 16 | | has been involved in a
personal injury or fatal motor vehicle | 17 | | accident, shall be deemed to have
given consent to a breath | 18 | | test using a portable device as approved by the
Department of | 19 | | State Police or to a chemical test or tests
of blood, breath, | 20 | | or
urine for the purpose of determining the content of alcohol,
| 21 | | other
drug or drugs, or intoxicating compound or compounds of | 22 | | such
person's blood if arrested as evidenced by the issuance of | 23 | | a Uniform Traffic
Ticket for any violation of the Illinois | 24 | | Vehicle Code or a similar provision of
a local ordinance, with | 25 | | the exception of equipment violations contained in
Chapter 12 |
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| 1 | | of this Code, or similar provisions of local ordinances. This | 2 | | Section shall not apply to those persons arrested for a | 3 | | violation of Section 11-501 or a similar violation of a local | 4 | | ordinance, in which case the provisions of Section 11-501.1 | 5 | | shall apply. The test
or tests shall be administered at the | 6 | | direction of the arresting officer. The
law enforcement agency | 7 | | employing the officer shall designate which of the
aforesaid | 8 | | tests shall be administered. A urine test may be administered | 9 | | even
after a blood or breath test or both has been | 10 | | administered. Compliance with
this Section does not relieve | 11 | | such person from the requirements of Section
11-501.1 of this | 12 | | Code. | 13 | | (b) Any person who is dead, unconscious or who is otherwise | 14 | | in a
condition rendering such person incapable of refusal shall | 15 | | be deemed not to
have withdrawn the consent provided by | 16 | | subsection (a) of this Section. In
addition, if a driver of a | 17 | | vehicle is receiving medical treatment as a
result of a motor | 18 | | vehicle accident, any physician licensed to practice
medicine, | 19 | | licensed physician assistant, licensed advanced practice | 20 | | nurse, registered nurse or a phlebotomist acting under the | 21 | | direction of
a licensed physician shall withdraw blood for | 22 | | testing purposes to ascertain
the presence of alcohol, other | 23 | | drug or drugs, or intoxicating
compound or compounds, upon the | 24 | | specific request of a law
enforcement officer. However, no such | 25 | | testing shall be performed until, in
the opinion of the medical | 26 | | personnel on scene, the withdrawal can be made
without |
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| 1 | | interfering with or endangering the well-being of the patient. | 2 | | (c) A person requested to submit to a test as provided | 3 | | above shall be
warned by the law enforcement officer requesting | 4 | | the test that a refusal to
submit to the test, or submission to | 5 | | the test resulting in an alcohol
concentration of 0.08 or more, | 6 | | or any amount of a drug, substance,
or intoxicating compound
| 7 | | resulting from the unlawful use or consumption of cannabis, as | 8 | | covered by the
Cannabis Control Act, a controlled substance | 9 | | listed in the Illinois
Controlled Substances Act, an | 10 | | intoxicating compound listed in the Use of
Intoxicating | 11 | | Compounds Act, or methamphetamine as listed in the | 12 | | Methamphetamine Control and Community Protection Act as | 13 | | detected in such person's blood or urine, may
result in the | 14 | | suspension of such person's privilege to operate a motor | 15 | | vehicle and may result in the disqualification of the person's | 16 | | privilege to operate a commercial motor vehicle, as provided in | 17 | | Section 6-514 of this Code, if the person is a CDL holder.
The | 18 | | length of the suspension shall be the same as outlined in | 19 | | Section
6-208.1 of this Code regarding statutory summary | 20 | | suspensions. | 21 | | (d) If the person refuses testing or submits to a test | 22 | | which discloses
an alcohol concentration of 0.08 or more, or | 23 | | any amount of a drug,
substance,
or intoxicating compound in | 24 | | such person's blood or urine resulting from the
unlawful use or
| 25 | | consumption of cannabis listed in the Cannabis Control Act, a | 26 | | controlled
substance listed in the Illinois Controlled |
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| 1 | | Substances Act, an
intoxicating
compound listed in the Use of | 2 | | Intoxicating Compounds Act, or methamphetamine as listed in the | 3 | | Methamphetamine Control and Community Protection Act, the law
| 4 | | enforcement officer shall immediately submit a sworn report to | 5 | | the Secretary of
State on a form prescribed by the Secretary, | 6 | | certifying that the test or tests
were requested pursuant to | 7 | | subsection (a) and the person refused to submit to a
test or | 8 | | tests or submitted to testing which disclosed an alcohol | 9 | | concentration
of 0.08 or more, or any amount of a drug, | 10 | | substance, or intoxicating
compound
in such
person's blood or | 11 | | urine, resulting from the unlawful use or consumption of
| 12 | | cannabis listed in the Cannabis Control Act, a controlled | 13 | | substance
listed in
the Illinois Controlled Substances Act,
an | 14 | | intoxicating compound listed in
the Use of Intoxicating | 15 | | Compounds Act, or methamphetamine as listed in the | 16 | | Methamphetamine Control and Community Protection Act. | 17 | | Upon receipt of the sworn report of a law enforcement | 18 | | officer, the
Secretary shall enter the suspension and | 19 | | disqualification to the individual's driving record and the
| 20 | | suspension and disqualification shall be effective on the 46th | 21 | | day following the date notice of the
suspension was given to | 22 | | the person. | 23 | | The law enforcement officer submitting the sworn report | 24 | | shall serve immediate
notice of this suspension on the person | 25 | | and such suspension and disqualification shall be effective
on | 26 | | the 46th day following the date notice was given. |
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| 1 | | In cases where the blood alcohol concentration of 0.08 or | 2 | | more,
or any amount
of a drug, substance, or intoxicating | 3 | | compound resulting from the unlawful
use or
consumption of | 4 | | cannabis as listed in the Cannabis Control Act, a
controlled
| 5 | | substance listed in the Illinois Controlled Substances Act,
an
| 6 | | intoxicating
compound listed in the Use of Intoxicating | 7 | | Compounds Act, or methamphetamine as listed in the | 8 | | Methamphetamine Control and Community Protection Act, is | 9 | | established by a
subsequent analysis of blood or urine | 10 | | collected at the time of arrest, the
arresting officer shall | 11 | | give notice as provided in this Section or by deposit
in the | 12 | | United States mail of such notice in an envelope with postage | 13 | | prepaid
and addressed to such person at his address as shown on | 14 | | the Uniform Traffic
Ticket and the suspension and | 15 | | disqualification shall be effective on the 46th day following | 16 | | the date
notice was given. | 17 | | Upon receipt of the sworn report of a law enforcement | 18 | | officer, the Secretary
shall also give notice of the suspension | 19 | | and disqualification to the driver by mailing a notice of
the | 20 | | effective date of the suspension and disqualification to the | 21 | | individual. However, should the
sworn report be defective by | 22 | | not containing sufficient information or be
completed in error, | 23 | | the notice of the suspension and disqualification shall not be | 24 | | mailed to the
person or entered to the driving record, but | 25 | | rather the sworn report shall be
returned to the issuing law | 26 | | enforcement agency. |
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| 1 | | (e) A driver may contest this suspension of his or her
| 2 | | driving privileges and disqualification of his or her CDL | 3 | | privileges by
requesting an administrative hearing with the | 4 | | Secretary in accordance with
Section 2-118 of this Code. At the | 5 | | conclusion of a hearing held under
Section 2-118 of this Code, | 6 | | the Secretary may rescind, continue, or modify the
orders
of | 7 | | suspension and disqualification. If the Secretary does not | 8 | | rescind the orders of suspension and disqualification, a | 9 | | restricted
driving permit may be granted by the Secretary upon | 10 | | application being made and
good cause shown. A restricted | 11 | | driving permit may be granted to relieve undue
hardship to | 12 | | allow driving for employment, educational, and medical | 13 | | purposes as
outlined in Section 6-206 of this Code. The | 14 | | provisions of Section 6-206 of
this Code shall apply. In | 15 | | accordance with 49 C.F.R. 384, the Secretary of State may not | 16 | | issue a restricted driving permit for the operation of a | 17 | | commercial motor vehicle to a person holding a CDL whose | 18 | | driving privileges have been suspended, revoked, cancelled, or | 19 | | disqualified.
| 20 | | (f) (Blank). | 21 | | (g) For the purposes of this Section, a personal injury | 22 | | shall include
any type A injury as indicated on the traffic | 23 | | accident report completed
by a law enforcement officer that | 24 | | requires immediate professional attention
in either a doctor's | 25 | | office or a medical facility. A type A injury shall
include | 26 | | severely bleeding wounds, distorted extremities, and injuries |
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| 1 | | that
require the injured party to be carried from the scene. | 2 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
| 3 | | Section 99. Effective date. Sec. 5.5 of Section 5 and Sec. | 4 | | 3-821 of Section 10 of this Act take effect January 1, 2013. | 5 | | The remainder of this Act takes effect upon becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 15 ILCS 305/5.5 | | | 4 | | 15 ILCS 305/6b new | | | 5 | | 625 ILCS 5/3-821 | from Ch. 95 1/2, par. 3-821 | | 6 | | 625 ILCS 5/6-102 | from Ch. 95 1/2, par. 6-102 | | 7 | | 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 | | 8 | | 625 ILCS 5/6-201 | | | 9 | | 625 ILCS 5/6-402 | from Ch. 95 1/2, par. 6-402 | | 10 | | 625 ILCS 5/6-411 | from Ch. 95 1/2, par. 6-411 | | 11 | | 625 ILCS 5/11-501.6 | from Ch. 95 1/2, par. 11-501.6 |
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