|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5340 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the amendatory Act may be referred to as the License to Work Act. Deletes language providing that all notices sent to a person involved in administrative adjudications, hearings, and final orders shall state that failure to satisfy any fine or penalty shall result in the Secretary of State suspending his or her driving privileges, vehicle registration, or both. Deletes language providing that the Secretary is authorized to cancel a license or permit for failure to pay any fines, civil penalties owed to the Illinois Commerce Commission, or taxes or being a convicted sex offender. Provides that a person whose driver's license was cancelled due to a sex offense conviction shall have his or her driver's license reinstated. Deletes language providing that the reporting requirements for public officials to the Secretary shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Deletes language providing that the Secretary is authorized to suspend or revoke the driving privileges of a person without preliminary hearing for specific adjudications or violations. Provides that the Secretary is authorized to suspend or revoke the driving privileges of a person for specific violations. Provides that a person who's driver's license was suspended or revoked under certain circumstances shall have his or her driving privileges reinstated. Deletes language providing that the owner of a registered vehicle that has failed to pay any fine or penalty due and owing as a result of 10 or more violations shall have his or her driving privileges suspended. Repeals provisions providing the suspension of a driver's license of a person convicted of theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. This Act may be referred to as the License to |
5 | | Work Act. |
6 | | Section 5. The Illinois Vehicle Code is amended by changing |
7 | | Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-209, 6-306.5, |
8 | | and 11-208.3 and by adding Sections 6-209.1, and 6-213 as |
9 | | follows:
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10 | | (625 ILCS 5/3-704.2)
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11 | | Sec. 3-704.2.
Failure to satisfy fines or penalties for |
12 | | toll violations or
evasions; suspension of vehicle |
13 | | registration.
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14 | | (a) Upon receipt of a certified report, as prescribed by |
15 | | subsection (c) of
this Section, from the Authority stating that |
16 | | the owner of a registered vehicle
has failed to satisfy any |
17 | | fine or penalty resulting from a final order issued
by the |
18 | | Authority relating directly or indirectly to 5 or more toll |
19 | | violations,
toll evasions, or both, the Secretary of State |
20 | | shall suspend
the vehicle registration of the person in
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21 | | accordance with the procedures set forth in this Section.
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22 | | (b) Following receipt of the certified report of the |
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1 | | Authority as specified
in the Section, the Secretary of State |
2 | | shall notify the person whose name
appears on the certified |
3 | | report that the person's vehicle
registration will be suspended |
4 | | at the end of a specified period
unless the Secretary of State |
5 | | is presented with a notice from the
Authority certifying that |
6 | | the fines or penalties owing the Authority have been
satisfied |
7 | | or that inclusion of that person's name on the certified report |
8 | | was
in error. The Secretary's notice shall state in substance |
9 | | the information
contained in the Authority's certified report |
10 | | to the Secretary, and shall be
effective as specified by |
11 | | subsection (c) of Section 6-211 of this Code.
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12 | | (c) The report from the Authority notifying the Secretary |
13 | | of unsatisfied
fines
or penalties pursuant to this Section |
14 | | shall be certified and shall contain the
following:
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15 | | (1) The name, last known address, and driver's license |
16 | | number of the
person
who failed to satisfy the fines or |
17 | | penalties and the registration number of any
vehicle known |
18 | | to be registered in this State to that person.
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19 | | (2) A statement that the Authority sent a notice of |
20 | | impending suspension
of the person's driver's
license, |
21 | | vehicle registration,
or both, as prescribed by rules |
22 | | enacted pursuant to subsection (a-5) of
Section
10 of the |
23 | | Toll Highway Act, to the person named in the report at the
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24 | | address recorded with the Secretary of State; the date on |
25 | | which the notice was
sent; and the address to which the |
26 | | notice was sent.
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1 | | (d) The Authority, after making a certified report to the |
2 | | Secretary
pursuant to this Section, shall notify the Secretary, |
3 | | on a form prescribed by
the Secretary, whenever a person named |
4 | | in the certified report has satisfied
the previously reported |
5 | | fines or penalties or whenever the Authority determines
that |
6 | | the original report was in error. A certified copy of the |
7 | | notification
shall also be given upon request and at no |
8 | | additional charge to the person
named therein. Upon receipt of |
9 | | the Authority's notification or presentation of
a certified |
10 | | copy of the notification, the Secretary shall terminate
the |
11 | | suspension.
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12 | | (e) The Authority shall, by rule, establish procedures for |
13 | | persons to
challenge the accuracy of the certified report made |
14 | | pursuant to this Section.
The
rule shall also provide the |
15 | | grounds for a challenge, which may be
limited to:
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16 | | (1) the person not having been the owner or lessee of |
17 | | the vehicle
or
vehicles receiving 5 or more toll violation |
18 | | or toll evasion notices on the date
or dates the notices |
19 | | were issued; or
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20 | | (2) the person having already satisfied
the fines or |
21 | | penalties for the 5 or more toll violations or toll |
22 | | evasions
indicated on the certified report.
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23 | | (f) All notices sent by the Authority to persons involved |
24 | | in administrative
adjudications, hearings, and final orders |
25 | | issued pursuant to rules
implementing subsection (a-5) of |
26 | | Section 10 of the Toll Highway Act shall state , in clear and |
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1 | | unambiguous language, the consequences of
that failure
to |
2 | | satisfy any fine or penalty imposed by the Authority shall |
3 | | result in the
Secretary of State suspending the driving |
4 | | privileges, vehicle registration,
or both, of the person |
5 | | failing to satisfy the fines or penalties imposed by the
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6 | | Authority.
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7 | | (g) A person may request an administrative hearing to |
8 | | contest an impending
suspension or a
suspension made
pursuant |
9 | | to this Section upon filing a written request with the
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10 | | Secretary. The filing fee for this hearing is $20, to be paid
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11 | | at the time of the request. The Authority shall reimburse the |
12 | | Secretary
for all reasonable costs incurred by the Secretary as |
13 | | a result of the
filing of a certified report pursuant to this |
14 | | Section, including, but not
limited to, the costs of providing |
15 | | notice required pursuant to subsection (b)
and the costs |
16 | | incurred
by the Secretary in any hearing conducted with respect |
17 | | to the report pursuant
to this subsection and any appeal from |
18 | | that hearing.
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19 | | (h) The Secretary and the Authority may promulgate rules to |
20 | | enable
them to carry out their duties under this Section.
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21 | | (i) The Authority shall cooperate with the Secretary in the
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22 | | administration of this Section and shall provide the Secretary |
23 | | with any
information the Secretary may deem necessary for these |
24 | | purposes, including
regular and timely access to toll violation |
25 | | enforcement records.
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26 | | The Secretary shall cooperate with the Authority in the
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1 | | administration of this Section and shall provide the Authority |
2 | | with any
information the Authority may deem necessary for the |
3 | | purposes of this Section,
including regular and timely access |
4 | | to vehicle registration records. Section
2-123 of this Code |
5 | | shall not apply to the provision of this information, but
the |
6 | | Secretary shall be reimbursed for the cost of providing this |
7 | | information.
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8 | | (j) For purposes of this Section, the term "Authority" |
9 | | means the
Illinois State Toll Highway Authority.
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10 | | (Source: P.A. 91-277, eff. 1-1-00.)
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11 | | (625 ILCS 5/6-201)
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12 | | Sec. 6-201. Authority to cancel licenses and permits.
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13 | | (a) The Secretary of State is authorized to cancel any |
14 | | license or permit
upon determining that the holder thereof:
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15 | | 1. was not entitled to the issuance thereof hereunder; |
16 | | or
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17 | | 2. failed to give the required or correct information |
18 | | in his
application; or
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19 | | 3. (blank); or failed to pay any fees, civil penalties |
20 | | owed to the Illinois Commerce
Commission, or taxes due |
21 | | under this Act and upon reasonable notice and demand;
or
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22 | | 4. committed any fraud in the making of such |
23 | | application; or
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24 | | 5. is ineligible therefor under the provisions of |
25 | | Section 6-103 of this
Act, as amended; or
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1 | | 6. has refused or neglected to submit an alcohol, drug, |
2 | | and
intoxicating compound evaluation or to
submit to |
3 | | examination or re-examination as required under this Act; |
4 | | or
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5 | | 7. has been convicted of violating the Cannabis Control |
6 | | Act,
the
Illinois Controlled Substances Act, the |
7 | | Methamphetamine Control and Community Protection Act, or |
8 | | the Use of Intoxicating Compounds
Act while that individual |
9 | | was in actual physical
control of a motor vehicle. For |
10 | | purposes of this Section, any person placed on
probation |
11 | | under Section 10 of the Cannabis Control Act, Section 410 |
12 | | of the
Illinois Controlled Substances Act, or Section 70 of |
13 | | the Methamphetamine Control and Community Protection Act |
14 | | shall not be considered convicted. Any
person found guilty |
15 | | of this offense, while in actual physical control of a
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16 | | motor vehicle, shall have an entry made in the court record |
17 | | by the
judge that this offense did occur while the person |
18 | | was in actual
physical control of a motor vehicle and order |
19 | | the clerk of the court to report
the violation to the |
20 | | Secretary of State as such. After the cancellation, the
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21 | | Secretary of State shall not issue a new license or permit |
22 | | for a period of one
year after the date of cancellation. |
23 | | However, upon application, the Secretary
of State may, if |
24 | | satisfied that the person applying will not endanger the
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25 | | public safety, or welfare, issue a restricted driving |
26 | | permit granting the
privilege of driving a motor vehicle |
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1 | | between the petitioner's residence and
petitioner's place |
2 | | of employment or within the scope of the petitioner's |
3 | | employment
related duties, or to allow transportation for
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4 | | the petitioner or a household member of the petitioner's |
5 | | family for the receipt of
necessary medical care, or |
6 | | provide transportation for the petitioner to and from |
7 | | alcohol or drug remedial or
rehabilitative activity |
8 | | recommended by a licensed service provider, or for the |
9 | | petitioner to attend classes, as a student,
in an |
10 | | accredited educational institution. The petitioner must
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11 | | demonstrate that no alternative means of transportation is |
12 | | reasonably
available; provided that the Secretary's |
13 | | discretion shall be limited to
cases where undue hardship, |
14 | | as defined by the rules of the Secretary of State, would |
15 | | result from a failure to issue such
restricted driving |
16 | | permit. In each case the Secretary of State may issue
such |
17 | | restricted driving permit for such period as he deems |
18 | | appropriate,
except that such permit shall expire within |
19 | | one year from the date of
issuance. A restricted driving |
20 | | permit issued hereunder shall be subject to
cancellation, |
21 | | revocation and suspension by the Secretary of State in like
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22 | | manner and for like cause as a driver's license issued |
23 | | hereunder may be
cancelled, revoked or suspended; except |
24 | | that a conviction upon one or more
offenses against laws or |
25 | | ordinances regulating the movement of traffic
shall be |
26 | | deemed sufficient cause for the revocation, suspension or
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1 | | cancellation of a restricted driving permit. The Secretary |
2 | | of State may,
as a condition to the issuance of a |
3 | | restricted driving permit, require the
applicant to |
4 | | participate in a driver remedial or rehabilitative
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5 | | program. In accordance with 49 C.F.R. 384, the Secretary of |
6 | | State may not issue a restricted driving permit for the |
7 | | operation of a commercial motor vehicle to a person holding |
8 | | a CDL whose driving privileges have been revoked, |
9 | | suspended, cancelled, or disqualified under this Code; or
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10 | | 8. failed to submit a report as required by Section |
11 | | 6-116.5 of this
Code; or
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12 | | 9. (blank); or has been convicted of a sex offense as |
13 | | defined in the Sex Offender Registration Act. The driver's |
14 | | license shall remain cancelled until the driver registers |
15 | | as a sex offender as required by the Sex Offender |
16 | | Registration Act, proof of the registration is furnished to |
17 | | the Secretary of State and the sex offender provides proof |
18 | | of current address to the Secretary; or
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19 | | 10. is ineligible for a license or permit under Section |
20 | | 6-107, 6-107.1, or
6-108 of this Code; or
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21 | | 11. refused or neglected to appear at a Driver Services |
22 | | facility to have the license or permit corrected and a new |
23 | | license or permit issued or to present documentation for |
24 | | verification of identity; or
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25 | | 12. failed to submit a medical examiner's certificate |
26 | | or medical variance as required by 49 C.F.R. 383.71 or |
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1 | | submitted a fraudulent medical examiner's certificate or |
2 | | medical variance; or |
3 | | 13. has had his or her medical examiner's certificate, |
4 | | medical variance, or both removed or rescinded by the |
5 | | Federal Motor Carrier Safety Administration; or |
6 | | 14. failed to self-certify as to the type of driving in |
7 | | which the CDL driver engages or expects to engage; or |
8 | | 15. has submitted acceptable documentation indicating |
9 | | out-of-state residency to the Secretary of State to be |
10 | | released from the requirement of showing proof of financial |
11 | | responsibility in this State; or |
12 | | 16. was convicted of fraud relating to the testing or |
13 | | issuance of a CDL or CLP, in which case only the CDL or CLP |
14 | | shall be cancelled. After cancellation, the Secretary |
15 | | shall not issue a CLP or CDL for a period of one year from |
16 | | the date of cancellation; or |
17 | | 17. has a special restricted license under subsection |
18 | | (g) of Section 6-113 of this Code and failed to submit the |
19 | | required annual vision specialist report that the special |
20 | | restricted license holder's vision has not changed; or |
21 | | 18. has a special restricted license under subsection |
22 | | (g) of Section 6-113 of this Code and was convicted or |
23 | | received court supervision for a violation of this Code |
24 | | that occurred during nighttime hours or was involved in a |
25 | | motor vehicle accident during nighttime hours in which the |
26 | | restricted license holder was at fault; or |
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1 | | 19. has assisted an out-of-state resident in acquiring |
2 | | an Illinois driver's license or identification card by |
3 | | providing or allowing the out-of-state resident to use his |
4 | | or her Illinois address of residence and is complicit in |
5 | | distributing and forwarding the Illinois driver's license |
6 | | or identification card to the out-of-state resident. |
7 | | (b) Upon such cancellation the licensee or permittee must |
8 | | surrender the
license or permit so cancelled to the Secretary |
9 | | of State.
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10 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the |
11 | | Secretary of State
shall have exclusive authority to grant, |
12 | | issue, deny, cancel, suspend and
revoke driving privileges, |
13 | | drivers' licenses and restricted driving permits.
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14 | | (c-5) A person whose driver's license was cancelled under |
15 | | paragraph (9) of subsection (a) of this Section before the |
16 | | effective date of this amendatory Act of the 100th General |
17 | | Assembly and remains cancelled shall have his or her driver's |
18 | | license reinstated. |
19 | | (d) The Secretary of State may adopt rules to implement |
20 | | this Section.
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21 | | (Source: P.A. 100-409, eff. 8-25-17.)
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22 | | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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23 | | Sec. 6-204. When court to forward license and reports.
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24 | | (a) For the purpose of providing to the Secretary of State |
25 | | the records
essential to the performance of the Secretary's |
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1 | | duties under this Code to
cancel, revoke or suspend the |
2 | | driver's license and privilege to drive motor
vehicles of |
3 | | certain minors adjudicated truant minors in need of |
4 | | supervision,
addicted, or delinquent and of persons
found |
5 | | guilty of the criminal offenses or traffic violations
which |
6 | | this Code recognizes as evidence relating to unfitness to |
7 | | safely operate
motor vehicles, the following duties are imposed |
8 | | upon public officials:
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9 | | (1) Whenever any person is convicted of any offense for |
10 | | which
this
Code makes mandatory the cancellation or |
11 | | revocation of the driver's
license or permit of such person |
12 | | by the Secretary of State, the judge of the
court in which |
13 | | such conviction is had shall require the surrender to the |
14 | | clerk
of the court of all driver's licenses or permits then |
15 | | held by the person so
convicted, and the clerk of the court |
16 | | shall, within 5 days thereafter, forward
the same, together |
17 | | with a report of such conviction, to the Secretary.
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18 | | (2) Whenever any person is convicted of any offense |
19 | | under this
Code or
similar offenses under a municipal |
20 | | ordinance, other than regulations
governing standing, |
21 | | parking or weights of vehicles, and excepting the
following |
22 | | enumerated Sections of this Code: Sections 11-1406 |
23 | | (obstruction
to driver's view or control), 11-1407 |
24 | | (improper opening of door into
traffic), 11-1410 (coasting |
25 | | on downgrade), 11-1411 (following fire
apparatus), |
26 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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1 | | vehicle which is in unsafe condition or improperly |
2 | | equipped), 12-201(a)
(daytime lights on motorcycles), |
3 | | 12-202 (clearance, identification and
side marker lamps), |
4 | | 12-204 (lamp or flag on projecting load), 12-205
(failure |
5 | | to display the safety lights required), 12-401 |
6 | | (restrictions as
to tire equipment), 12-502 (mirrors), |
7 | | 12-503 (windshields must be
unobstructed and equipped with |
8 | | wipers), 12-601 (horns and warning
devices), 12-602 |
9 | | (mufflers, prevention of noise or smoke), 12-603 (seat
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10 | | safety belts), 12-702 (certain vehicles to carry flares or |
11 | | other warning
devices), 12-703 (vehicles for oiling roads |
12 | | operated on highways),
12-710 (splash guards and |
13 | | replacements), 13-101 (safety tests), 15-101
(size, weight |
14 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
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15 | | and address on second division vehicles), 15-107 (length of |
16 | | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
17 | | 15-112 (weights), 15-301
(weights), 15-316 (weights), |
18 | | 15-318 (weights), and also excepting the following
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19 | | enumerated Sections of the Chicago Municipal Code: |
20 | | Sections 27-245 (following
fire apparatus), 27-254 |
21 | | (obstruction of traffic), 27-258 (driving vehicle which
is |
22 | | in unsafe condition), 27-259 (coasting on downgrade), |
23 | | 27-264 (use of horns
and signal devices), 27-265 |
24 | | (obstruction to driver's view or driver mechanism),
27-267 |
25 | | (dimming of headlights), 27-268 (unattended motor |
26 | | vehicle), 27-272
(illegal funeral procession), 27-273 |
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1 | | (funeral procession on boulevard), 27-275
(driving freight |
2 | | hauling vehicles on boulevard), 27-276 (stopping and |
3 | | standing
of buses or taxicabs), 27-277 (cruising of public |
4 | | passenger vehicles), 27-305
(parallel parking), 27-306 |
5 | | (diagonal parking), 27-307 (parking not to obstruct
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6 | | traffic), 27-308 (stopping, standing or parking |
7 | | regulated), 27-311 (parking
regulations), 27-312 (parking |
8 | | regulations), 27-313 (parking regulations),
27-314 |
9 | | (parking regulations), 27-315 (parking regulations), |
10 | | 27-316 (parking
regulations), 27-317 (parking |
11 | | regulations), 27-318 (parking regulations),
27-319 |
12 | | (parking regulations), 27-320 (parking regulations), |
13 | | 27-321 (parking
regulations), 27-322 (parking |
14 | | regulations), 27-324 (loading and
unloading at an angle), |
15 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
16 | | the downtown district), 27-335 (load restrictions in
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17 | | residential areas), 27-338 (width of vehicles), 27-339 |
18 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 |
19 | | (reflectors on trailers),
27-353 (mufflers), 27-354 |
20 | | (display of plates), 27-355 (display of city
vehicle tax |
21 | | sticker), 27-357 (identification of vehicles), 27-358
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22 | | (projecting of loads), and also excepting the following |
23 | | enumerated
paragraphs of Section 2-201 of the Rules and |
24 | | Regulations of the Illinois
State Toll Highway Authority: |
25 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
26 | | transporting dangerous cargo not properly indicated), it
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1 | | shall be the duty of the clerk of the court in which such |
2 | | conviction is
had within 5 days thereafter to forward to |
3 | | the Secretary of State a report of
the conviction and the |
4 | | court may recommend the suspension of the driver's
license |
5 | | or permit of the person so convicted.
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6 | | The reporting requirements of this subsection shall |
7 | | apply to all
violations stated in paragraphs (1) and (2) of |
8 | | this
subsection when the
individual has been adjudicated |
9 | | under the Juvenile Court Act or the
Juvenile Court Act of |
10 | | 1987. Such reporting requirements shall also apply to
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11 | | individuals adjudicated under the Juvenile Court Act or the |
12 | | Juvenile Court Act
of 1987 who have committed a violation |
13 | | of Section 11-501 of this Code, or
similar provision of a |
14 | | local ordinance, or Section 9-3 of the Criminal Code
of |
15 | | 1961 or the Criminal Code of 2012, relating to the offense |
16 | | of reckless homicide, or Section 5-7 of the Snowmobile |
17 | | Registration and Safety Act or Section 5-16 of the Boat |
18 | | Registration and Safety Act, relating to the offense of |
19 | | operating a snowmobile or a watercraft while under the |
20 | | influence of alcohol, other drug or drugs, intoxicating |
21 | | compound or compounds, or combination thereof.
These |
22 | | reporting requirements also apply to individuals |
23 | | adjudicated under the Juvenile Court Act of 1987 based on |
24 | | any offense determined to have been committed in |
25 | | furtherance of the criminal activities of an organized |
26 | | gang, as provided in Section 5-710 of that Act, if those |
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1 | | activities and that involved the operation or use of a |
2 | | motor vehicle or the use of a driver's license or permit . |
3 | | The reporting requirements of this subsection shall also |
4 | | apply to
a truant minor in need of supervision, an addicted
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5 | | minor, or a delinquent minor and whose driver's license and |
6 | | privilege to
drive a motor vehicle has been ordered |
7 | | suspended for such times as determined
by the court, but |
8 | | only until he or she attains
18 years of age. It shall be |
9 | | the duty of the clerk of the court in which
adjudication is |
10 | | had within 5 days thereafter to forward to the Secretary of
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11 | | State a report of the adjudication and the court order |
12 | | requiring the Secretary
of State to suspend the minor's |
13 | | driver's license and driving privilege for such
time as |
14 | | determined by the court, but only until he or she attains |
15 | | the age of 18
years. All juvenile court dispositions |
16 | | reported to the Secretary of State
under this provision |
17 | | shall be processed by the Secretary of State as if the
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18 | | cases had been adjudicated in traffic or criminal court. |
19 | | However, information
reported relative to the offense of |
20 | | reckless homicide, or Section 11-501 of
this Code, or a |
21 | | similar provision of a local ordinance, shall be privileged
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22 | | and available only to the Secretary of State, courts, and |
23 | | police officers.
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24 | | The reporting requirements of this subsection (a) |
25 | | apply to all violations listed in paragraphs (1) and (2) of |
26 | | this subsection (a), excluding parking violations, when |
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1 | | the driver holds a CLP or CDL, regardless of the type of |
2 | | vehicle in which the violation occurred, or when any driver |
3 | | committed the violation in a commercial motor vehicle as |
4 | | defined in Section 6-500 of this Code.
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5 | | (3) Whenever an order is entered vacating the |
6 | | forfeiture of any
bail,
security or bond given to secure |
7 | | appearance for any offense under this
Code or similar |
8 | | offenses under municipal ordinance, it shall be the duty
of |
9 | | the clerk of the court in which such vacation was had or |
10 | | the judge of
such court if such court has no clerk, within |
11 | | 5 days thereafter to
forward to the Secretary of State a |
12 | | report of the vacation.
|
13 | | (4) A report of any disposition of court supervision |
14 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a |
15 | | similar provision of a local ordinance,
11-503, 11-504, and |
16 | | 11-506 of this Code, Section 5-7 of the Snowmobile |
17 | | Registration and Safety Act, and Section 5-16 of the Boat |
18 | | Registration and Safety Act shall be forwarded to the |
19 | | Secretary of State.
A report of any disposition of court |
20 | | supervision for a violation of an offense
defined as a |
21 | | serious traffic violation in this Code or a similar |
22 | | provision of a
local ordinance committed by a person under |
23 | | the age of 21 years shall be
forwarded to the Secretary of |
24 | | State.
|
25 | | (5) Reports of conviction
under this Code
and |
26 | | sentencing hearings under the
Juvenile Court
Act of 1987 in |
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1 | | an electronic format
or a computer processible medium
shall
|
2 | | be
forwarded to the Secretary of State via the Supreme |
3 | | Court in the form and
format required by the Illinois |
4 | | Supreme Court and established by a written
agreement |
5 | | between the Supreme Court and the Secretary of State.
In |
6 | | counties with a population over 300,000, instead of |
7 | | forwarding reports to
the Supreme Court, reports of |
8 | | conviction
under this Code
and sentencing hearings under |
9 | | the
Juvenile Court Act of 1987 in an electronic format
or a |
10 | | computer processible medium
may
be forwarded to the |
11 | | Secretary of State by the Circuit Court Clerk in a form and
|
12 | | format required by the Secretary of State and established |
13 | | by written agreement
between the Circuit Court Clerk and |
14 | | the Secretary of State. Failure to
forward the reports of |
15 | | conviction or sentencing hearing under the Juvenile
Court |
16 | | Act of 1987 as required by this Section shall be
deemed an |
17 | | omission of duty and it shall be the duty of the several |
18 | | State's
Attorneys to enforce the requirements of this |
19 | | Section.
|
20 | | (b) Whenever a restricted driving permit is forwarded to a |
21 | | court, as a
result of confiscation by a police officer pursuant |
22 | | to the authority in
Section 6-113(f), it shall be the duty of |
23 | | the clerk, or judge, if the court
has no clerk, to forward such |
24 | | restricted driving permit and a facsimile of
the officer's |
25 | | citation to the Secretary of State as expeditiously as
|
26 | | practicable.
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1 | | (c) For the purposes of this Code, a forfeiture of bail or |
2 | | collateral
deposited to secure a defendant's appearance in |
3 | | court when forfeiture
has not been vacated, or the failure of a |
4 | | defendant to appear for trial
after depositing his driver's |
5 | | license in lieu of other bail, shall be
equivalent to a |
6 | | conviction.
|
7 | | (d) For the purpose of providing the Secretary of State |
8 | | with records
necessary to properly monitor and assess driver |
9 | | performance and assist the
courts in the proper disposition of |
10 | | repeat traffic law offenders, the clerk
of the court shall |
11 | | forward to the Secretary of State,
on a form prescribed
by the |
12 | | Secretary, records of a driver's participation in a driver |
13 | | remedial
or rehabilitative program which was required, through |
14 | | a court order or court
supervision, in relation to the driver's |
15 | | arrest for a violation of Section
11-501 of this Code or a |
16 | | similar provision of a local ordinance.
The clerk of the court |
17 | | shall also forward to the Secretary, either on
paper or in an |
18 | | electronic format or a computer processible medium as required
|
19 | | under paragraph (5) of subsection (a) of this Section, any |
20 | | disposition
of court supervision for any traffic violation,
|
21 | | excluding those offenses listed in paragraph (2)
of subsection |
22 | | (a) of this Section.
These reports
shall be sent within 5
days |
23 | | after disposition, or, if
the driver is
referred to a driver
|
24 | | remedial or rehabilitative program, within 5 days of the |
25 | | driver's referral
to that program.
These reports received by |
26 | | the Secretary of State, including those required to
be |
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1 | | forwarded under paragraph (a)(4), shall be privileged |
2 | | information, available
only (i) to the affected driver, (ii) to |
3 | | the parent or guardian of a person under the age of 18 years |
4 | | holding an instruction permit or a graduated driver's license, |
5 | | and (iii) for use by the courts, police
officers, prosecuting |
6 | | authorities, the Secretary of State, and the driver licensing |
7 | | administrator of any other state. In accordance with 49 C.F.R. |
8 | | Part 384, all reports of court supervision, except violations |
9 | | related to parking, shall be forwarded to the Secretary of |
10 | | State for all holders of a CLP or CDL or any driver who commits |
11 | | an offense while driving a commercial motor vehicle. These |
12 | | reports shall be recorded to the driver's record as a |
13 | | conviction for use in the disqualification of the driver's |
14 | | commercial motor vehicle privileges and shall not be privileged |
15 | | information.
|
16 | | (Source: P.A. 100-74, eff. 8-11-17.)
|
17 | | (625 ILCS 5/6-205)
|
18 | | Sec. 6-205. Mandatory revocation of license or permit; |
19 | | hardship cases.
|
20 | | (a) Except as provided in this Section, the Secretary of |
21 | | State shall
immediately revoke the license, permit, or driving |
22 | | privileges of
any driver upon receiving a
report of the |
23 | | driver's conviction of any of the following offenses:
|
24 | | 1. Reckless homicide resulting from the operation of a |
25 | | motor vehicle;
|
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1 | | 2. Violation of Section 11-501 of this Code or a |
2 | | similar provision of
a local ordinance relating to the |
3 | | offense of operating or being in physical
control of a |
4 | | vehicle while under the influence of alcohol, other drug or
|
5 | | drugs, intoxicating compound or compounds, or any |
6 | | combination thereof;
|
7 | | 3. Any felony under the laws of any State or the |
8 | | federal government
in the commission of which a motor |
9 | | vehicle was used;
|
10 | | 4. Violation of Section 11-401 of this Code relating to |
11 | | the offense of
leaving the scene of a traffic accident |
12 | | involving death or personal injury;
|
13 | | 5. Perjury or the making of a false affidavit or |
14 | | statement under
oath to the Secretary of State under this |
15 | | Code or under any
other law relating to the ownership or |
16 | | operation of motor vehicles;
|
17 | | 6. Conviction upon 3 charges of violation of Section |
18 | | 11-503 of this
Code relating to the offense of reckless |
19 | | driving committed within a
period of 12 months;
|
20 | | 7. Conviction of any offense
defined in
Section 4-102 |
21 | | of this Code if the vehicle is set in motion ;
|
22 | | 8. Violation of Section 11-504 of this Code relating to |
23 | | the offense
of drag racing;
|
24 | | 9. Violation of Chapters 8 and 9 of this Code;
|
25 | | 10. Violation of Section 12-5 of the Criminal Code of |
26 | | 1961 or the Criminal Code of 2012 arising from
the use of a |
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1 | | motor vehicle;
|
2 | | 11. Violation of Section 11-204.1 of this Code relating |
3 | | to aggravated
fleeing or attempting to elude a peace |
4 | | officer;
|
5 | | 12. Violation of paragraph (1) of subsection (b) of |
6 | | Section 6-507,
or a similar law of any other state, |
7 | | relating to the
unlawful operation of a commercial motor |
8 | | vehicle;
|
9 | | 13. Violation of paragraph (a) of Section 11-502 of |
10 | | this Code or a
similar provision of a local ordinance if |
11 | | the driver has been previously
convicted of a violation of |
12 | | that Section or a similar provision of a local
ordinance |
13 | | and the driver was less than 21 years of age at the time of |
14 | | the
offense;
|
15 | | 14. Violation of paragraph (a) of Section 11-506 of |
16 | | this Code or a similar provision of a local ordinance |
17 | | relating to the offense of street racing;
|
18 | | 15. A second or subsequent conviction of driving while |
19 | | the person's driver's license, permit or privileges was |
20 | | revoked for reckless homicide or a similar out-of-state |
21 | | offense; |
22 | | 16. Any offense against any provision in this Code, or |
23 | | any local ordinance, regulating the
movement of traffic |
24 | | when that offense was the proximate cause of the death of |
25 | | any person. Any person whose driving privileges have been |
26 | | revoked pursuant to this paragraph may seek to have the |
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1 | | revocation terminated or to have the length of revocation |
2 | | reduced by requesting an administrative hearing with the |
3 | | Secretary of State prior to the projected driver's license |
4 | | application eligibility date; |
5 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
6 | | of this Code or a similar provision of a local ordinance; |
7 | | 18. A second or subsequent conviction of illegal |
8 | | possession, while operating or in actual physical control, |
9 | | as a driver, of a motor vehicle, of any controlled |
10 | | substance prohibited under the Illinois Controlled |
11 | | Substances Act, any cannabis prohibited under the Cannabis |
12 | | Control Act, or any methamphetamine prohibited under the |
13 | | Methamphetamine Control and Community Protection Act. A |
14 | | defendant found guilty of this offense while operating a |
15 | | motor vehicle
shall have an entry made in the court record |
16 | | by the presiding judge that
this offense did occur while |
17 | | the defendant was operating a motor vehicle
and order the |
18 | | clerk of the court to report the violation to the Secretary
|
19 | | of State; |
20 | | 19. Violation of subsection (a) of Section 11-1414 of |
21 | | this Code, or a similar provision of a local ordinance, |
22 | | relating to the offense of overtaking or passing of a |
23 | | school bus when the driver, in committing the violation, is |
24 | | involved in a motor vehicle accident that results in death |
25 | | to another and the violation is a proximate cause of the |
26 | | death. |
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1 | | (b) The Secretary of State shall also immediately revoke |
2 | | the license
or permit of any driver in the following |
3 | | situations:
|
4 | | 1. Of any minor upon receiving the notice provided for |
5 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
6 | | minor has been
adjudicated under that Act as having |
7 | | committed an offense relating to
motor vehicles prescribed |
8 | | in Section 4-103 of this Code;
|
9 | | 2. Of any person when any other law of this State |
10 | | requires either the
revocation or suspension of a license |
11 | | or permit;
|
12 | | 3. Of any person adjudicated under the Juvenile Court |
13 | | Act of 1987 based on an offense determined to have been |
14 | | committed in furtherance of the criminal activities of an |
15 | | organized gang as provided in Section 5-710 of that Act, |
16 | | and that involved the operation or use of a motor vehicle |
17 | | or the use of a driver's license or permit. The revocation |
18 | | shall remain in effect for the period determined by the |
19 | | court. |
20 | | (c)(1) Whenever a person is convicted of any of the |
21 | | offenses enumerated in
this Section, the court may recommend |
22 | | and the Secretary of State in his
discretion, without regard to |
23 | | whether the recommendation is made by the
court may, upon |
24 | | application,
issue to the person a
restricted driving permit |
25 | | granting the privilege of driving a motor
vehicle between the |
26 | | petitioner's residence and petitioner's place
of employment or |
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1 | | within the scope of the petitioner's employment related
duties, |
2 | | or to allow the petitioner to transport himself or herself or a |
3 | | family member
of the petitioner's household to a medical |
4 | | facility for the receipt of necessary medical care or to allow |
5 | | the
petitioner to transport himself or herself to and from |
6 | | alcohol or drug remedial or rehabilitative activity |
7 | | recommended by a licensed service provider, or to allow the
|
8 | | petitioner to transport himself or herself or a family member |
9 | | of the petitioner's household to classes, as a student, at an |
10 | | accredited educational
institution, or to allow the petitioner |
11 | | to transport children, elderly persons, or persons with |
12 | | disabilities who do not hold driving privileges and are living |
13 | | in the petitioner's household to and from daycare; if the |
14 | | petitioner is able to demonstrate that no alternative means
of |
15 | | transportation is reasonably available and that the petitioner |
16 | | will not endanger
the public safety or welfare; provided that |
17 | | the Secretary's discretion shall be
limited to cases where |
18 | | undue hardship, as defined by the rules of the Secretary of |
19 | | State, would result from a failure to issue the
restricted |
20 | | driving permit.
|
21 | | (1.5) A person subject to the provisions of paragraph 4 of |
22 | | subsection (b) of Section 6-208 of this Code may make |
23 | | application for a restricted driving permit at a hearing |
24 | | conducted under Section 2-118 of this Code after the expiration |
25 | | of 5 years from the effective date of the most recent |
26 | | revocation, or after 5 years from the date of release from a |
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1 | | period of imprisonment resulting from a conviction of the most |
2 | | recent offense, whichever is later, provided the person, in |
3 | | addition to all other requirements of the Secretary, shows by |
4 | | clear and convincing evidence: |
5 | | (A) a minimum of 3 years of uninterrupted abstinence |
6 | | from alcohol and the unlawful use or consumption of |
7 | | cannabis under the Cannabis Control Act, a controlled |
8 | | substance under the Illinois Controlled Substances Act, an |
9 | | intoxicating compound under the Use of Intoxicating |
10 | | Compounds Act, or methamphetamine under the |
11 | | Methamphetamine Control and Community Protection Act; and |
12 | | (B) the successful completion of any rehabilitative |
13 | | treatment and involvement in any ongoing rehabilitative |
14 | | activity that may be recommended by a properly licensed |
15 | | service provider according to an assessment of the person's |
16 | | alcohol or drug use under Section 11-501.01 of this Code. |
17 | | In determining whether an applicant is eligible for a |
18 | | restricted driving permit under this paragraph (1.5), the |
19 | | Secretary may consider any relevant evidence, including, but |
20 | | not limited to, testimony, affidavits, records, and the results |
21 | | of regular alcohol or drug tests. Persons subject to the |
22 | | provisions of paragraph 4 of subsection (b) of Section 6-208 of |
23 | | this Code and who have been convicted of more than one |
24 | | violation of paragraph (3), paragraph (4), or paragraph (5) of |
25 | | subsection (a) of Section 11-501 of this Code shall not be |
26 | | eligible to apply for a restricted driving permit. |
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1 | | A restricted driving permit issued under this paragraph |
2 | | (1.5) shall provide that the holder may only operate motor |
3 | | vehicles equipped with an ignition interlock device as required |
4 | | under paragraph (2) of subsection (c) of this Section and |
5 | | subparagraph (A) of paragraph 3 of subsection (c) of Section |
6 | | 6-206 of this Code. The Secretary may revoke a restricted |
7 | | driving permit or amend the conditions of a restricted driving |
8 | | permit issued under this paragraph (1.5) if the holder operates |
9 | | a vehicle that is not equipped with an ignition interlock |
10 | | device, or for any other reason authorized under this Code. |
11 | | A restricted driving permit issued under this paragraph |
12 | | (1.5) shall be revoked, and the holder barred from applying for |
13 | | or being issued a restricted driving permit in the future, if |
14 | | the holder is subsequently convicted of a violation of Section |
15 | | 11-501 of this Code, a similar provision of a local ordinance, |
16 | | or a similar offense in another state. |
17 | | (2) If a person's license or permit is revoked or suspended |
18 | | due to 2 or
more convictions of violating Section 11-501 of |
19 | | this Code or a similar
provision of a local ordinance or a |
20 | | similar out-of-state offense, or Section 9-3 of the Criminal |
21 | | Code of 1961 or the Criminal Code of 2012, where the use of |
22 | | alcohol or other drugs is recited as an element of the offense, |
23 | | or a similar out-of-state offense, or a combination of these |
24 | | offenses, arising out
of separate occurrences, that person, if |
25 | | issued a restricted driving permit,
may not operate a vehicle |
26 | | unless it has been equipped with an ignition
interlock device |
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1 | | as defined in Section 1-129.1.
|
2 | | (3) If:
|
3 | | (A) a person's license or permit is revoked or |
4 | | suspended 2 or more
times due to any combination of: |
5 | | (i)
a single conviction of violating Section
|
6 | | 11-501 of this Code or a similar provision of a local |
7 | | ordinance or a similar
out-of-state offense, or |
8 | | Section 9-3 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012, where the use of alcohol or |
10 | | other drugs is recited as an element of the offense, or |
11 | | a similar out-of-state offense; or |
12 | | (ii)
a statutory summary suspension or revocation |
13 | | under Section
11-501.1; or |
14 | | (iii)
a suspension pursuant to Section 6-203.1;
|
15 | | arising out of
separate occurrences; or |
16 | | (B)
a person has been convicted of one violation of |
17 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
18 | | of Section 11-501 of this Code, Section 9-3 of the Criminal |
19 | | Code of 1961 or the Criminal Code of 2012, relating to the |
20 | | offense of reckless homicide where the use of alcohol or |
21 | | other drugs was recited as an element of the offense, or a |
22 | | similar provision of a law of another state;
|
23 | | that person, if issued a restricted
driving permit, may not |
24 | | operate a vehicle unless it has been equipped with an
ignition |
25 | | interlock device as defined in Section 1-129.1. |
26 | | (4)
The person issued a permit conditioned on the use of an |
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1 | | ignition interlock device must pay to the Secretary of State |
2 | | DUI Administration Fund an amount
not to exceed $30 per month. |
3 | | The Secretary shall establish by rule the amount
and the |
4 | | procedures, terms, and conditions relating to these fees. |
5 | | (5)
If the restricted driving permit is issued for |
6 | | employment purposes, then
the prohibition against operating a |
7 | | motor vehicle that is not equipped with an ignition interlock |
8 | | device does not apply to the operation of an occupational |
9 | | vehicle
owned or leased by that person's employer when used |
10 | | solely for employment purposes. For any person who, within a |
11 | | 5-year period, is convicted of a second or subsequent offense |
12 | | under Section 11-501 of this Code, or a similar provision of a |
13 | | local ordinance or similar out-of-state offense, this |
14 | | employment exemption does not apply until either a one-year |
15 | | period has elapsed during which that person had his or her |
16 | | driving privileges revoked or a one-year period has elapsed |
17 | | during which that person had a restricted driving permit which |
18 | | required the use of an ignition interlock device on every motor |
19 | | vehicle owned or operated by that person. |
20 | | (6)
In each case the Secretary of State may issue a
|
21 | | restricted driving permit for a period he deems appropriate, |
22 | | except that the
permit shall expire within one year from the |
23 | | date of issuance. A restricted
driving permit issued under this |
24 | | Section shall be
subject to cancellation, revocation, and |
25 | | suspension by the Secretary of
State in like manner and for |
26 | | like cause as a driver's license issued
under this Code may be |
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1 | | cancelled, revoked, or
suspended; except that a conviction upon |
2 | | one or more offenses against laws or
ordinances regulating the |
3 | | movement of traffic shall be deemed sufficient cause
for the |
4 | | revocation, suspension, or cancellation of a restricted |
5 | | driving permit.
The Secretary of State may, as a condition to |
6 | | the issuance of a restricted
driving permit, require the |
7 | | petitioner to participate in a designated driver
remedial or |
8 | | rehabilitative program. The Secretary of State is authorized to
|
9 | | cancel a restricted driving permit if the permit holder does |
10 | | not successfully
complete the program. However, if an |
11 | | individual's driving privileges have been
revoked in |
12 | | accordance with paragraph 13 of subsection (a) of this Section, |
13 | | no
restricted driving permit shall be issued until the |
14 | | individual has served 6
months of the revocation period.
|
15 | | (c-5) (Blank).
|
16 | | (c-6) If a person is convicted of a second violation of |
17 | | operating a motor vehicle while the person's driver's license, |
18 | | permit or privilege was revoked, where the revocation was for a |
19 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012 relating to the offense of reckless |
21 | | homicide or a similar out-of-state offense, the person's |
22 | | driving privileges shall be revoked pursuant to subdivision |
23 | | (a)(15) of this Section. The person may not make application |
24 | | for a license or permit until the expiration of five years from |
25 | | the effective date of the revocation or the expiration of five |
26 | | years from the date of release from a term of imprisonment, |
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1 | | whichever is later. |
2 | | (c-7) If a person is convicted of a third or subsequent |
3 | | violation of operating a motor vehicle while the person's |
4 | | driver's license, permit or privilege was revoked, where the |
5 | | revocation was for a violation of Section 9-3 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012 relating to the |
7 | | offense of reckless homicide or a similar out-of-state offense, |
8 | | the person may never apply for a license or permit. |
9 | | (d)(1) Whenever a person under the age of 21 is convicted |
10 | | under Section
11-501 of this Code or a similar provision of a |
11 | | local ordinance or a similar out-of-state offense, the
|
12 | | Secretary of State shall revoke the driving privileges of that |
13 | | person. One
year after the date of revocation, and upon |
14 | | application, the Secretary of
State may, if satisfied that the |
15 | | person applying will not endanger the
public safety or welfare, |
16 | | issue a restricted driving permit granting the
privilege of |
17 | | driving a motor vehicle only between the hours of 5 a.m. and 9
|
18 | | p.m. or as otherwise provided by this Section for a period of |
19 | | one year.
After this one-year period, and upon reapplication |
20 | | for a license as
provided in Section 6-106, upon payment of the |
21 | | appropriate reinstatement
fee provided under paragraph (b) of |
22 | | Section 6-118, the Secretary of State,
in his discretion, may
|
23 | | reinstate the petitioner's driver's license and driving |
24 | | privileges, or extend the restricted driving permit as many |
25 | | times as the
Secretary of State deems appropriate, by |
26 | | additional periods of not more than
12 months each.
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1 | | (2) If a person's license or permit is revoked or |
2 | | suspended due to 2 or
more convictions of violating Section |
3 | | 11-501 of this Code or a similar
provision of a local |
4 | | ordinance or a similar out-of-state offense, or Section 9-3 |
5 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
6 | | where the use of alcohol or other drugs is recited as an |
7 | | element of the offense, or a similar out-of-state offense, |
8 | | or a combination of these offenses, arising out
of separate |
9 | | occurrences, that person, if issued a restricted driving |
10 | | permit,
may not operate a vehicle unless it has been |
11 | | equipped with an ignition
interlock device as defined in |
12 | | Section 1-129.1.
|
13 | | (3) If a person's license or permit is revoked or |
14 | | suspended 2 or more times
due to any combination of: |
15 | | (A) a single conviction of violating Section |
16 | | 11-501
of this
Code or a similar provision of a local |
17 | | ordinance or a similar out-of-state
offense, or |
18 | | Section 9-3 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012, where the use of alcohol or |
20 | | other drugs is recited as an element of the offense, or |
21 | | a similar out-of-state offense; or |
22 | | (B)
a statutory summary suspension or revocation |
23 | | under Section 11-501.1; or |
24 | | (C) a suspension pursuant to Section 6-203.1; |
25 | | arising out of separate occurrences, that person, if issued |
26 | | a
restricted
driving permit, may not operate a vehicle |
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1 | | unless it has been equipped with an
ignition interlock |
2 | | device as defined in Section 1-129.1. |
3 | | (3.5) If a person's license or permit is revoked or |
4 | | suspended due to a conviction for a violation of |
5 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
6 | | of Section 11-501 of this Code, or a similar provision of a |
7 | | local ordinance or similar out-of-state offense, that |
8 | | person, if issued a restricted driving permit, may not |
9 | | operate a vehicle unless it has been equipped with an |
10 | | ignition interlock device as defined in Section 1-129.1. |
11 | | (4)
The person issued a permit conditioned upon the use |
12 | | of an interlock device must pay to the Secretary of State |
13 | | DUI Administration Fund an amount
not to exceed $30 per |
14 | | month. The Secretary shall establish by rule the amount
and |
15 | | the procedures, terms, and conditions relating to these |
16 | | fees. |
17 | | (5)
If the restricted driving permit is issued for |
18 | | employment purposes, then
the prohibition against driving |
19 | | a vehicle that is not equipped with an ignition interlock |
20 | | device does not apply to the operation of an occupational |
21 | | vehicle
owned or leased by that person's employer when used |
22 | | solely for employment purposes. For any person who, within |
23 | | a 5-year period, is convicted of a second or subsequent |
24 | | offense under Section 11-501 of this Code, or a similar |
25 | | provision of a local ordinance or similar out-of-state |
26 | | offense, this employment exemption does not apply until |
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1 | | either a one-year period has elapsed during which that |
2 | | person had his or her driving privileges revoked or a |
3 | | one-year period has elapsed during which that person had a |
4 | | restricted driving permit which required the use of an |
5 | | ignition interlock device on every motor vehicle owned or |
6 | | operated by that person. |
7 | | (6) A
restricted driving permit issued under this |
8 | | Section shall be subject to
cancellation, revocation, and |
9 | | suspension by the Secretary of State in like
manner and for |
10 | | like cause as a driver's license issued under this Code may |
11 | | be
cancelled, revoked, or suspended; except that a |
12 | | conviction upon one or more
offenses against laws or |
13 | | ordinances regulating the movement of traffic
shall be |
14 | | deemed sufficient cause for the revocation, suspension, or
|
15 | | cancellation of a restricted driving permit.
|
16 | | (d-5) The revocation of the license, permit, or driving |
17 | | privileges of a person convicted of a third or subsequent |
18 | | violation of Section 6-303 of this Code committed while his or |
19 | | her driver's license, permit, or privilege was revoked because |
20 | | of a violation of Section 9-3 of the Criminal Code of 1961 or |
21 | | the Criminal Code of 2012, relating to the offense of reckless |
22 | | homicide, or a similar provision of a law of another state, is |
23 | | permanent. The Secretary may not, at any time, issue a license |
24 | | or permit to that person.
|
25 | | (e) This Section is subject to the provisions of the Driver |
26 | | License
Compact.
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1 | | (f) Any revocation imposed upon any person under |
2 | | subsections 2
and 3 of paragraph (b) that is in effect on |
3 | | December 31, 1988 shall be
converted to a suspension for a like |
4 | | period of time.
|
5 | | (g) The Secretary of State shall not issue a restricted |
6 | | driving permit to
a person under the age of 16 years whose |
7 | | driving privileges have been revoked
under any provisions of |
8 | | this Code.
|
9 | | (h) The Secretary of State shall require the use of |
10 | | ignition interlock
devices for a period not less than 5 years |
11 | | on all vehicles owned by a person who has been convicted of a
|
12 | | second or subsequent offense under Section 11-501 of this Code |
13 | | or a similar
provision of a local ordinance. The person must |
14 | | pay to the Secretary of State DUI Administration Fund an amount |
15 | | not to exceed $30 for each month that he or she uses the |
16 | | device. The Secretary shall establish by rule and
regulation |
17 | | the procedures for certification and use of the interlock
|
18 | | system, the amount of the fee, and the procedures, terms, and |
19 | | conditions relating to these fees. During the time period in |
20 | | which a person is required to install an ignition interlock |
21 | | device under this subsection (h), that person shall only |
22 | | operate vehicles in which ignition interlock devices have been |
23 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of |
24 | | this Section.
|
25 | | (i) (Blank).
|
26 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
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1 | | State may not issue a restricted driving permit for the |
2 | | operation of a commercial motor vehicle to a person holding a |
3 | | CDL whose driving privileges have been revoked, suspended, |
4 | | cancelled, or disqualified under any provisions of this Code.
|
5 | | (k) The Secretary of State shall notify by mail any person |
6 | | whose driving privileges have been revoked under paragraph 16 |
7 | | of subsection (a) of this Section that his or her driving |
8 | | privileges and driver's license will be revoked 90 days from |
9 | | the date of the mailing of the notice. |
10 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; |
11 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; |
12 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16; |
13 | | 100-223, eff. 8-18-17.)
|
14 | | (625 ILCS 5/6-206)
|
15 | | Sec. 6-206. Discretionary authority to suspend or revoke |
16 | | license or
permit; right to a hearing.
|
17 | | (a) The Secretary of State is authorized to suspend or |
18 | | revoke the
driving privileges of any person without preliminary |
19 | | hearing upon a showing
of the person's records or other |
20 | | sufficient evidence that
the person:
|
21 | | 1. Has committed an offense for which mandatory |
22 | | revocation of
a driver's license or permit is required upon |
23 | | conviction;
|
24 | | 2. Has been convicted of not less than 3 offenses |
25 | | against traffic
regulations governing the movement of |
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1 | | vehicles committed within any 12
month period. No |
2 | | revocation or suspension shall be entered more than
6 |
3 | | months after the date of last conviction;
|
4 | | 3. Has been repeatedly involved as a driver in motor |
5 | | vehicle
collisions or has been repeatedly convicted of |
6 | | offenses against laws and
ordinances regulating the |
7 | | movement of traffic, to a degree that
indicates lack of |
8 | | ability to exercise ordinary and reasonable care in
the |
9 | | safe operation of a motor vehicle or disrespect for the |
10 | | traffic laws
and the safety of other persons upon the |
11 | | highway;
|
12 | | 4. Has by the unlawful operation of a motor vehicle |
13 | | caused or
contributed to an accident resulting in injury |
14 | | requiring
immediate professional treatment in a medical |
15 | | facility or doctor's office
to any person, except that any |
16 | | suspension or revocation imposed by the
Secretary of State |
17 | | under the provisions of this subsection shall start no
|
18 | | later than 6 months after being convicted of violating a |
19 | | law or
ordinance regulating the movement of traffic, which |
20 | | violation is related
to the accident, or shall start not |
21 | | more than one year
after
the date of the accident, |
22 | | whichever date occurs later;
|
23 | | 5. Has permitted an unlawful or fraudulent use of a |
24 | | driver's
license, identification card, or permit;
|
25 | | 6. Has been lawfully convicted of an offense or |
26 | | offenses in another
state, including the authorization |
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1 | | contained in Section 6-203.1, which
if committed within |
2 | | this State would be grounds for suspension or revocation;
|
3 | | 7. Has refused or failed to submit to an examination |
4 | | provided for by
Section 6-207 or has failed to pass the |
5 | | examination;
|
6 | | 8. Is ineligible for a driver's license or permit under |
7 | | the provisions
of Section 6-103;
|
8 | | 9. Has made a false statement or knowingly concealed a |
9 | | material fact
or has used false information or |
10 | | identification in any application for a
license, |
11 | | identification card, or permit;
|
12 | | 10. Has possessed, displayed, or attempted to |
13 | | fraudulently use any
license, identification card, or |
14 | | permit not issued to the person;
|
15 | | 11. Has operated a motor vehicle upon a highway of this |
16 | | State when
the person's driving privilege or privilege to |
17 | | obtain a driver's license
or permit was revoked or |
18 | | suspended unless the operation was authorized by
a |
19 | | monitoring device driving permit, judicial driving permit |
20 | | issued prior to January 1, 2009, probationary license to |
21 | | drive, or a restricted
driving permit issued under this |
22 | | Code;
|
23 | | 12. Has submitted to any portion of the application |
24 | | process for
another person or has obtained the services of |
25 | | another person to submit to
any portion of the application |
26 | | process for the purpose of obtaining a
license, |
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1 | | identification card, or permit for some other person;
|
2 | | 13. Has operated a motor vehicle upon a highway of this |
3 | | State when
the person's driver's license or permit was |
4 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
5 | | 14. Has committed a violation of Section 6-301, |
6 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
7 | | 14B of the Illinois Identification Card
Act;
|
8 | | 15. Has been convicted of violating Section 21-2 of the |
9 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating |
10 | | to criminal trespass to vehicles if the violation involves |
11 | | operating the vehicle, in which case, the suspension
shall |
12 | | be for one year;
|
13 | | 16. Has been convicted of violating Section 11-204 of |
14 | | this Code relating
to fleeing from a peace officer;
|
15 | | 17. Has refused to submit to a test, or tests, as |
16 | | required under Section
11-501.1 of this Code and the person |
17 | | has not sought a hearing as
provided for in Section |
18 | | 11-501.1;
|
19 | | 18. (Blank); Has, since issuance of a driver's license |
20 | | or permit, been adjudged
to be afflicted with or suffering |
21 | | from any mental disability or disease;
|
22 | | 19. Has committed a violation of paragraph (a) or (b) |
23 | | of Section 6-101
relating to driving without a driver's |
24 | | license;
|
25 | | 20. Has been convicted of violating Section 6-104 |
26 | | relating to
classification of driver's license;
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1 | | 21. Has been convicted of violating Section 11-402 of
|
2 | | this Code relating to leaving the scene of an accident |
3 | | resulting in damage
to a vehicle in excess of $1,000, in |
4 | | which case the suspension shall be
for one year;
|
5 | | 22. Has used a motor vehicle in violating paragraph |
6 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
7 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
8 | | relating
to unlawful use of weapons, in which case the |
9 | | suspension shall be for one
year;
|
10 | | 23. Has, as a driver, been convicted of committing a |
11 | | violation of
paragraph (a) of Section 11-502 of this Code |
12 | | for a second or subsequent
time within one year of a |
13 | | similar violation;
|
14 | | 24. Has been convicted by a court-martial or punished |
15 | | by non-judicial
punishment by military authorities of the |
16 | | United States at a military
installation in Illinois or in |
17 | | another state of or for a traffic related offense that is |
18 | | the
same as or similar to an offense specified under |
19 | | Section 6-205 or 6-206 of
this Code;
|
20 | | 25. Has permitted any form of identification to be used |
21 | | by another in
the application process in order to obtain or |
22 | | attempt to obtain a license,
identification card, or |
23 | | permit;
|
24 | | 26. Has altered or attempted to alter a license or has |
25 | | possessed an
altered license, identification card, or |
26 | | permit;
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1 | | 27. (Blank); Has violated Section 6-16 of the Liquor |
2 | | Control Act of 1934;
|
3 | | 28. Has been convicted for a first time of the illegal |
4 | | possession, while operating or
in actual physical control, |
5 | | as a driver, of a motor vehicle, of any
controlled |
6 | | substance prohibited under the Illinois Controlled |
7 | | Substances
Act, any cannabis prohibited under the Cannabis |
8 | | Control
Act, or any methamphetamine prohibited under the |
9 | | Methamphetamine Control and Community Protection Act, in |
10 | | which case the person's driving privileges shall be |
11 | | suspended for
one year.
Any defendant found guilty of this |
12 | | offense while operating a motor vehicle,
shall have an |
13 | | entry made in the court record by the presiding judge that
|
14 | | this offense did occur while the defendant was operating a |
15 | | motor vehicle
and order the clerk of the court to report |
16 | | the violation to the Secretary
of State;
|
17 | | 29. Has been convicted of the following offenses that |
18 | | were committed
while the person was operating or in actual |
19 | | physical control, as a driver,
of a motor vehicle: criminal |
20 | | sexual assault,
predatory criminal sexual assault of a |
21 | | child,
aggravated criminal sexual
assault, criminal sexual |
22 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
23 | | soliciting for a juvenile prostitute, promoting juvenile |
24 | | prostitution as described in subdivision (a)(1), (a)(2), |
25 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
26 | | or the Criminal Code of 2012, and the manufacture, sale or
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1 | | delivery of controlled substances or instruments used for |
2 | | illegal drug use
or abuse in which case the driver's |
3 | | driving privileges shall be suspended
for one year;
|
4 | | 30. Has been convicted a second or subsequent time for |
5 | | any
combination of the offenses named in paragraph 29 of |
6 | | this subsection,
in which case the person's driving |
7 | | privileges shall be suspended for 5
years;
|
8 | | 31. Has refused to submit to a test as
required by |
9 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
10 | | Registration and Safety Act or has submitted to a test |
11 | | resulting in
an alcohol concentration of 0.08 or more or |
12 | | any amount of a drug, substance, or
compound resulting from |
13 | | the unlawful use or consumption of cannabis as listed
in |
14 | | the Cannabis Control Act, a controlled substance as listed |
15 | | in the Illinois
Controlled Substances Act, an intoxicating |
16 | | compound as listed in the Use of
Intoxicating Compounds |
17 | | Act, or methamphetamine as listed in the Methamphetamine |
18 | | Control and Community Protection Act, in which case the |
19 | | penalty shall be
as prescribed in Section 6-208.1;
|
20 | | 32. Has been convicted of Section 24-1.2 of the |
21 | | Criminal Code of
1961 or the Criminal Code of 2012 relating |
22 | | to the aggravated discharge of a firearm if the offender |
23 | | was
located in a motor vehicle at the time the firearm was |
24 | | discharged, in which
case the suspension shall be for 3 |
25 | | years;
|
26 | | 33. Has as a driver, who was less than 21 years of age |
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1 | | on the date of
the offense, been convicted a first time of |
2 | | a violation of paragraph (a) of
Section 11-502 of this Code |
3 | | or a similar provision of a local ordinance;
|
4 | | 34. Has committed a violation of Section 11-1301.5 of |
5 | | this Code or a similar provision of a local ordinance;
|
6 | | 35. Has committed a violation of Section 11-1301.6 of |
7 | | this Code or a similar provision of a local ordinance;
|
8 | | 36. Is under the age of 21 years at the time of arrest |
9 | | and has been
convicted of not less than 2 offenses against |
10 | | traffic regulations governing
the movement of vehicles |
11 | | committed within any 24 month period. No revocation
or |
12 | | suspension shall be entered more than 6 months after the |
13 | | date of last
conviction;
|
14 | | 37. Has committed a violation of subsection (c) of |
15 | | Section 11-907 of this
Code that resulted in damage to the |
16 | | property of another or the death or injury of another;
|
17 | | 38. (Blank); Has been convicted of a violation of |
18 | | Section 6-20 of the Liquor
Control Act of 1934 or a similar |
19 | | provision of a local ordinance;
|
20 | | 39. Has committed a second or subsequent violation of |
21 | | Section
11-1201 of this Code;
|
22 | | 40. Has committed a violation of subsection (a-1) of |
23 | | Section 11-908 of
this Code; |
24 | | 41. Has committed a second or subsequent violation of |
25 | | Section 11-605.1 of this Code, a similar provision of a |
26 | | local ordinance, or a similar violation in any other state |
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1 | | within 2 years of the date of the previous violation, in |
2 | | which case the suspension shall be for 90 days; |
3 | | 42. Has committed a violation of subsection (a-1) of |
4 | | Section 11-1301.3 of this Code or a similar provision of a |
5 | | local ordinance;
|
6 | | 43. (Blank); Has received a disposition of court |
7 | | supervision for a violation of subsection (a), (d), or (e) |
8 | | of Section 6-20 of the Liquor
Control Act of 1934 or a |
9 | | similar provision of a local ordinance, in which case the |
10 | | suspension shall be for a period of 3 months;
|
11 | | 44.
Is under the age of 21 years at the time of arrest |
12 | | and has been convicted of an offense against traffic |
13 | | regulations governing the movement of vehicles after |
14 | | having previously had his or her driving privileges
|
15 | | suspended or revoked pursuant to subparagraph 36 of this |
16 | | Section; |
17 | | 45.
Has, in connection with or during the course of a |
18 | | formal hearing conducted under Section 2-118 of this Code: |
19 | | (i) committed perjury; (ii) submitted fraudulent or |
20 | | falsified documents; (iii) submitted documents that have |
21 | | been materially altered; or (iv) submitted, as his or her |
22 | | own, documents that were in fact prepared or composed for |
23 | | another person; |
24 | | 46. (Blank); Has committed a violation of subsection |
25 | | (j) of Section 3-413 of this Code;
|
26 | | 47. Has committed a violation of subsection (a) of |
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1 | | Section 11-502.1 of this Code; or |
2 | | 48. Has submitted a falsified or altered medical |
3 | | examiner's certificate to the Secretary of State or |
4 | | provided false information to obtain a medical examiner's |
5 | | certificate. |
6 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
7 | | and 27 of this
subsection, license means any driver's license, |
8 | | any traffic ticket issued when
the person's driver's license is |
9 | | deposited in lieu of bail, a suspension
notice issued by the |
10 | | Secretary of State, a duplicate or corrected driver's
license, |
11 | | a probationary driver's license or a temporary driver's |
12 | | license. |
13 | | (b) If any conviction forming the basis of a suspension or
|
14 | | revocation authorized under this Section is appealed, the
|
15 | | Secretary of State may rescind or withhold the entry of the |
16 | | order of suspension
or revocation, as the case may be, provided |
17 | | that a certified copy of a stay
order of a court is filed with |
18 | | the Secretary of State. If the conviction is
affirmed on |
19 | | appeal, the date of the conviction shall relate back to the |
20 | | time
the original judgment of conviction was entered and the 6 |
21 | | month limitation
prescribed shall not apply.
|
22 | | (c) 1. Upon suspending or revoking the driver's license or |
23 | | permit of
any person as authorized in this Section, the |
24 | | Secretary of State shall
immediately notify the person in |
25 | | writing of the revocation or suspension.
The notice to be |
26 | | deposited in the United States mail, postage prepaid,
to the |
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1 | | last known address of the person.
|
2 | | 2. If the Secretary of State suspends the driver's license
|
3 | | of a person under subsection 2 of paragraph (a) of this |
4 | | Section, a
person's privilege to operate a vehicle as an |
5 | | occupation shall not be
suspended, provided an affidavit is |
6 | | properly completed, the appropriate fee
received, and a permit |
7 | | issued prior to the effective date of the
suspension, unless 5 |
8 | | offenses were committed, at least 2 of which occurred
while |
9 | | operating a commercial vehicle in connection with the driver's
|
10 | | regular occupation. All other driving privileges shall be |
11 | | suspended by the
Secretary of State. Any driver prior to |
12 | | operating a vehicle for
occupational purposes only must submit |
13 | | the affidavit on forms to be
provided by the Secretary of State |
14 | | setting forth the facts of the person's
occupation. The |
15 | | affidavit shall also state the number of offenses
committed |
16 | | while operating a vehicle in connection with the driver's |
17 | | regular
occupation. The affidavit shall be accompanied by the |
18 | | driver's license.
Upon receipt of a properly completed |
19 | | affidavit, the Secretary of State
shall issue the driver a |
20 | | permit to operate a vehicle in connection with the
driver's |
21 | | regular occupation only. Unless the permit is issued by the
|
22 | | Secretary of State prior to the date of suspension, the |
23 | | privilege to drive
any motor vehicle shall be suspended as set |
24 | | forth in the notice that was
mailed under this Section. If an |
25 | | affidavit is received subsequent to the
effective date of this |
26 | | suspension, a permit may be issued for the remainder
of the |
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1 | | suspension period.
|
2 | | The provisions of this subparagraph shall not apply to any |
3 | | driver
required to possess a CDL for the purpose of operating a |
4 | | commercial motor vehicle.
|
5 | | Any person who falsely states any fact in the affidavit |
6 | | required
herein shall be guilty of perjury under Section 6-302 |
7 | | and upon conviction
thereof shall have all driving privileges |
8 | | revoked without further rights.
|
9 | | 3. At the conclusion of a hearing under Section 2-118 of |
10 | | this Code,
the Secretary of State shall either rescind or |
11 | | continue an order of
revocation or shall substitute an order of |
12 | | suspension; or, good
cause appearing therefor, rescind, |
13 | | continue, change, or extend the
order of suspension. If the |
14 | | Secretary of State does not rescind the order,
the Secretary |
15 | | may upon application,
to relieve undue hardship (as defined by |
16 | | the rules of the Secretary of State), issue
a restricted |
17 | | driving permit granting the privilege of driving a motor
|
18 | | vehicle between the petitioner's residence and petitioner's |
19 | | place of
employment or within the scope of the petitioner's |
20 | | employment related duties, or to
allow the petitioner to |
21 | | transport himself or herself, or a family member of the
|
22 | | petitioner's household to a medical facility, to receive |
23 | | necessary medical care, to allow the petitioner to transport |
24 | | himself or herself to and from alcohol or drug
remedial or |
25 | | rehabilitative activity recommended by a licensed service |
26 | | provider, or to allow the petitioner to transport himself or |
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1 | | herself or a family member of the petitioner's household to |
2 | | classes, as a student, at an accredited educational |
3 | | institution, or to allow the petitioner to transport children, |
4 | | elderly persons, or persons with disabilities who do not hold |
5 | | driving privileges and are living in the petitioner's household |
6 | | to and from daycare. The
petitioner must demonstrate that no |
7 | | alternative means of
transportation is reasonably available |
8 | | and that the petitioner will not endanger
the public safety or |
9 | | welfare.
|
10 | | (A) If a person's license or permit is revoked or |
11 | | suspended due to 2
or more convictions of violating Section |
12 | | 11-501 of this Code or a similar
provision of a local |
13 | | ordinance or a similar out-of-state offense, or Section 9-3 |
14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
15 | | where the use of alcohol or other drugs is recited as an |
16 | | element of the offense, or a similar out-of-state offense, |
17 | | or a combination of these offenses, arising out
of separate |
18 | | occurrences, that person, if issued a restricted driving |
19 | | permit,
may not operate a vehicle unless it has been |
20 | | equipped with an ignition
interlock device as defined in |
21 | | Section 1-129.1.
|
22 | | (B) If a person's license or permit is revoked or |
23 | | suspended 2 or more
times due to any combination of: |
24 | | (i) a single conviction of violating Section
|
25 | | 11-501 of this Code or a similar provision of a local |
26 | | ordinance or a similar
out-of-state offense or Section |
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1 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
2 | | of 2012, where the use of alcohol or other drugs is |
3 | | recited as an element of the offense, or a similar |
4 | | out-of-state offense; or |
5 | | (ii) a statutory summary suspension or revocation |
6 | | under Section
11-501.1; or |
7 | | (iii) a suspension under Section 6-203.1; |
8 | | arising out of
separate occurrences; that person, if issued |
9 | | a restricted driving permit, may
not operate a vehicle |
10 | | unless it has been
equipped with an ignition interlock |
11 | | device as defined in Section 1-129.1. |
12 | | (B-5) If a person's license or permit is revoked or |
13 | | suspended due to a conviction for a violation of |
14 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
15 | | of Section 11-501 of this Code, or a similar provision of a |
16 | | local ordinance or similar out-of-state offense, that |
17 | | person, if issued a restricted driving permit, may not |
18 | | operate a vehicle unless it has been equipped with an |
19 | | ignition interlock device as defined in Section 1-129.1. |
20 | | (C)
The person issued a permit conditioned upon the use |
21 | | of an ignition interlock device must pay to the Secretary |
22 | | of State DUI Administration Fund an amount
not to exceed |
23 | | $30 per month. The Secretary shall establish by rule the |
24 | | amount
and the procedures, terms, and conditions relating |
25 | | to these fees. |
26 | | (D) If the
restricted driving permit is issued for |
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1 | | employment purposes, then the prohibition against |
2 | | operating a motor vehicle that is not equipped with an |
3 | | ignition interlock device does not apply to the operation |
4 | | of an occupational vehicle owned or
leased by that person's |
5 | | employer when used solely for employment purposes. For any |
6 | | person who, within a 5-year period, is convicted of a |
7 | | second or subsequent offense under Section 11-501 of this |
8 | | Code, or a similar provision of a local ordinance or |
9 | | similar out-of-state offense, this employment exemption |
10 | | does not apply until either a one-year period has elapsed |
11 | | during which that person had his or her driving privileges |
12 | | revoked or a one-year period has elapsed during which that |
13 | | person had a restricted driving permit which required the |
14 | | use of an ignition interlock device on every motor vehicle |
15 | | owned or operated by that person. |
16 | | (E) In each case the Secretary may issue a
restricted |
17 | | driving permit for a period deemed appropriate, except that |
18 | | all
permits shall expire within one year from the date of |
19 | | issuance. A
restricted driving permit issued under this |
20 | | Section shall be subject to
cancellation, revocation, and |
21 | | suspension by the Secretary of State in like
manner and for |
22 | | like cause as a driver's license issued under this Code may |
23 | | be
cancelled, revoked, or suspended; except that a |
24 | | conviction upon one or more
offenses against laws or |
25 | | ordinances regulating the movement of traffic
shall be |
26 | | deemed sufficient cause for the revocation, suspension, or
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1 | | cancellation of a restricted driving permit. The Secretary |
2 | | of State may, as
a condition to the issuance of a |
3 | | restricted driving permit, require the
applicant to |
4 | | participate in a designated driver remedial or |
5 | | rehabilitative
program. The Secretary of State is |
6 | | authorized to cancel a restricted
driving permit if the |
7 | | permit holder does not successfully complete the program.
|
8 | | (F) A person subject to the provisions of paragraph 4 |
9 | | of subsection (b) of Section 6-208 of this Code may make |
10 | | application for a restricted driving permit at a hearing |
11 | | conducted under Section 2-118 of this Code after the |
12 | | expiration of 5 years from the effective date of the most |
13 | | recent revocation or after 5 years from the date of release |
14 | | from a period of imprisonment resulting from a conviction |
15 | | of the most recent offense, whichever is later, provided |
16 | | the person, in addition to all other requirements of the |
17 | | Secretary, shows by clear and convincing evidence: |
18 | | (i) a minimum of 3 years of uninterrupted |
19 | | abstinence from alcohol and the unlawful use or |
20 | | consumption of cannabis under the Cannabis Control |
21 | | Act, a controlled substance under the Illinois |
22 | | Controlled Substances Act, an intoxicating compound |
23 | | under the Use of Intoxicating Compounds Act, or |
24 | | methamphetamine under the Methamphetamine Control and |
25 | | Community Protection Act; and |
26 | | (ii) the successful completion of any |
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1 | | rehabilitative treatment and involvement in any |
2 | | ongoing rehabilitative activity that may be |
3 | | recommended by a properly licensed service provider |
4 | | according to an assessment of the person's alcohol or |
5 | | drug use under Section 11-501.01 of this Code. |
6 | | In determining whether an applicant is eligible for a |
7 | | restricted driving permit under this subparagraph (F), the |
8 | | Secretary may consider any relevant evidence, including, |
9 | | but not limited to, testimony, affidavits, records, and the |
10 | | results of regular alcohol or drug tests. Persons subject |
11 | | to the provisions of paragraph 4 of subsection (b) of |
12 | | Section 6-208 of this Code and who have been convicted of |
13 | | more than one violation of paragraph (3), paragraph (4), or |
14 | | paragraph (5) of subsection (a) of Section 11-501 of this |
15 | | Code shall not be eligible to apply for a restricted |
16 | | driving permit under this subparagraph (F). |
17 | | A restricted driving permit issued under this |
18 | | subparagraph (F) shall provide that the holder may only |
19 | | operate motor vehicles equipped with an ignition interlock |
20 | | device as required under paragraph (2) of subsection (c) of |
21 | | Section 6-205 of this Code and subparagraph (A) of |
22 | | paragraph 3 of subsection (c) of this Section. The |
23 | | Secretary may revoke a restricted driving permit or amend |
24 | | the conditions of a restricted driving permit issued under |
25 | | this subparagraph (F) if the holder operates a vehicle that |
26 | | is not equipped with an ignition interlock device, or for |
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1 | | any other reason authorized under this Code. |
2 | | A restricted driving permit issued under this |
3 | | subparagraph (F) shall be revoked, and the holder barred |
4 | | from applying for or being issued a restricted driving |
5 | | permit in the future, if the holder is convicted of a |
6 | | violation of Section 11-501 of this Code, a similar |
7 | | provision of a local ordinance, or a similar offense in |
8 | | another state. |
9 | | (c-3) In the case of a suspension under paragraph 43 of |
10 | | subsection (a), reports received by the Secretary of State |
11 | | under this Section shall, except during the actual time the |
12 | | suspension is in effect, be privileged information and for use |
13 | | only by the courts, police officers, prosecuting authorities, |
14 | | the driver licensing administrator of any other state, the |
15 | | Secretary of State, or the parent or legal guardian of a driver |
16 | | under the age of 18. However, beginning January 1, 2008, if the |
17 | | person is a CDL holder, the suspension shall also be made |
18 | | available to the driver licensing administrator of any other |
19 | | state, the U.S. Department of Transportation, and the affected |
20 | | driver or motor
carrier or prospective motor carrier upon |
21 | | request.
|
22 | | (c-4) In the case of a suspension under paragraph 43 of |
23 | | subsection (a), the Secretary of State shall notify the person |
24 | | by mail that his or her driving privileges and driver's license |
25 | | will be suspended one month after the date of the mailing of |
26 | | the notice.
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1 | | (c-5) The Secretary of State may, as a condition of the |
2 | | reissuance of a
driver's license or permit to an applicant |
3 | | whose driver's license or permit has
been suspended before he |
4 | | or she reached the age of 21 years pursuant to any of
the |
5 | | provisions of this Section, require the applicant to |
6 | | participate in a
driver remedial education course and be |
7 | | retested under Section 6-109 of this
Code.
|
8 | | (d) This Section is subject to the provisions of the |
9 | | Drivers License
Compact.
|
10 | | (e) The Secretary of State shall not issue a restricted |
11 | | driving permit to
a person under the age of 16 years whose |
12 | | driving privileges have been suspended
or revoked under any |
13 | | provisions of this Code.
|
14 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
15 | | State may not issue a restricted driving permit for the |
16 | | operation of a commercial motor vehicle to a person holding a |
17 | | CDL whose driving privileges have been suspended, revoked, |
18 | | cancelled, or disqualified under any provisions of this Code. |
19 | | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, |
20 | | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; |
21 | | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; |
22 | | 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.) |
23 | | (625 ILCS 5/6-209.1 new) |
24 | | Sec. 6-209.1. Restoration of driving privileges; |
25 | | suspension; cancellation. The Secretary shall rescind the |
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1 | | suspension or cancellation of a person's driver's license that |
2 | | has been suspended or cancelled prior to the effective date of |
3 | | this amendatory Act of the 100th General Assembly due to: |
4 | | (1) a conviction of theft of motor fuel under Section 16-25 |
5 | | or 16K-15 of the Criminal Code of 1961 or the Criminal Code of |
6 | | 2012; |
7 | | (2) the person, since the issuance of the driver's license, |
8 | | being adjudged to be afflicted with or suffering from any |
9 | | mental disability or disease; |
10 | | (3) a violation of Section 6-16 or 6-20 of the Liquor |
11 | | Control Act of 1934 or a similar provision of a local |
12 | | ordinance; |
13 | | (4) the person receiving a disposition of court supervision |
14 | | for a violation of subsection (a), (b), or (c) of Section 6-20 |
15 | | of the Liquor Control Act of 1934 or a similar provision of a |
16 | | local ordinance; |
17 | | (5) a violation of subsection (j) of Section 3-413 of this |
18 | | Code; |
19 | | (6) the person failing to pay any fine or penalty due or |
20 | | owing as a result of 10 or more violations of a municipality's |
21 | | or county's vehicular standing, parking, or compliance |
22 | | regulations established by ordinance under Section 11-208.3 of |
23 | | this Code; |
24 | | (7) the person failing to satisfy any fine or penalty |
25 | | resulting from a final order issued by the Authority relating |
26 | | directly or indirectly to 5 or more toll violations, toll |
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1 | | evasions, or both; or |
2 | | (8) a conviction of a sex offense as defined in the Sex |
3 | | Offender Registration Act. |
4 | | (625 ILCS 5/6-213 new) |
5 | | Sec. 6-213. Rescinding suspension. A person whose driver's |
6 | | license
was suspended under Section 6-205.2 of this Code, |
7 | | paragraphs (18), (27), (38), (43) or (46) of subsection (a) of |
8 | | Section 6-206 of this Code, Section 6-306.5 of this Code |
9 | | relating to 10 or more unpaid vehicular standing, parking, or |
10 | | compliance regulations, or Section 6-306.7 of this Code before |
11 | | the effective date of this amendatory Act of the 100th General |
12 | | Assembly and remains suspended shall have his or her driver's |
13 | | license suspension rescinded.
|
14 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
|
15 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, |
16 | | parking,
compliance, automated speed enforcement system, or |
17 | | automated traffic law violations; suspension of driving |
18 | | privileges.
|
19 | | (a) Upon receipt of
a certified report,
as prescribed by |
20 | | subsection (c) of
this Section, from
any municipality or county |
21 | | stating that the owner of a registered vehicle : (1) has failed
|
22 | | to pay any fine or penalty due and owing as a result of 10 or |
23 | | more violations
of a
municipality's or county's vehicular |
24 | | standing, parking, or compliance
regulations established by
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1 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has |
2 | | failed to pay any
fine or penalty due and owing as a result of 5 |
3 | | offenses for automated speed enforcement system violations or |
4 | | automated traffic
violations as defined in Sections
11-208.6, |
5 | | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or |
6 | | (3) is more than 14 days in default of a payment plan pursuant |
7 | | to which a suspension had been terminated under subsection (c) |
8 | | of this Section, the Secretary of State
shall suspend the |
9 | | driving privileges of such person in accordance with the
|
10 | | procedures set forth in this Section.
The Secretary shall also |
11 | | suspend the driving privileges of an owner of a
registered |
12 | | vehicle upon receipt of a certified report, as prescribed by
|
13 | | subsection (f) of this Section, from any municipality or county |
14 | | stating that such
person has failed to satisfy any fines or |
15 | | penalties imposed by final judgments
for 5 or more automated |
16 | | speed enforcement system or automated traffic law violations, |
17 | | or combination thereof, or 10 or more violations of local |
18 | | standing, parking, or
compliance regulations after
exhaustion |
19 | | of judicial review procedures.
|
20 | | (b) Following receipt of the certified report of the |
21 | | municipality or county as
specified in this Section, the |
22 | | Secretary of State shall notify the person
whose name appears |
23 | | on the certified report that
the person's
drivers license will |
24 | | be suspended at the end of a specified period of time
unless |
25 | | the Secretary of State is presented with a notice from the
|
26 | | municipality or county certifying that the fine or penalty due
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1 | | and owing the municipality or county has been paid or that |
2 | | inclusion of that
person's name on the certified report was in |
3 | | error. The Secretary's notice
shall state in substance the |
4 | | information
contained in the municipality's or county's |
5 | | certified report to the Secretary, and
shall be effective as |
6 | | specified by subsection (c) of Section 6-211 of this
Code.
|
7 | | (c) The report of the appropriate municipal or county |
8 | | official notifying the
Secretary of State of unpaid fines or |
9 | | penalties pursuant to this Section
shall be certified and shall |
10 | | contain the following:
|
11 | | (1) The name, last known address as recorded with the |
12 | | Secretary of State, as provided by the lessor of the cited |
13 | | vehicle at the time of lease, or as recorded in a United |
14 | | States Post Office approved database if any notice sent |
15 | | under Section 11-208.3 of this Code is returned as |
16 | | undeliverable, and drivers license number of the
person who |
17 | | failed to pay the fine or
penalty or who has defaulted in a |
18 | | payment plan and the registration number of any vehicle |
19 | | known to be registered
to such person in this State.
|
20 | | (2) The name of the municipality or county making the |
21 | | report pursuant to this
Section.
|
22 | | (3) A statement that the municipality or county sent a |
23 | | notice of impending
drivers license suspension as |
24 | | prescribed by ordinance enacted
pursuant to Section |
25 | | 11-208.3 of this Code or a notice of default in a payment |
26 | | plan, to the person named in the report at the
address |
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1 | | recorded with the Secretary of State or at the last address |
2 | | known to the lessor of the cited vehicle at the time of |
3 | | lease or, if any notice sent under Section 11-208.3 of this |
4 | | Code is returned as undeliverable, at the last known |
5 | | address recorded in a United States Post Office approved |
6 | | database; the date on which such
notice was sent; and the |
7 | | address to which such notice was sent.
In a municipality or |
8 | | county with a population of 1,000,000 or more, the report |
9 | | shall
also include a statement that the alleged violator's |
10 | | State vehicle registration
number and vehicle make, if |
11 | | specified on the automated speed enforcement system |
12 | | violation or automated traffic law violation notice, are |
13 | | correct as they appear on the citations. |
14 | | (4) A unique identifying reference number for each |
15 | | request of suspension sent whenever a person has failed to |
16 | | pay the fine or penalty or has defaulted on a payment plan.
|
17 | | (d) Any municipality or county making a certified report to |
18 | | the Secretary of State
pursuant to this Section
shall notify |
19 | | the Secretary of State, in a form prescribed by the
Secretary, |
20 | | whenever a person named in the certified report has paid the
|
21 | | previously reported fine or penalty, whenever a person named in |
22 | | the certified report has entered into a payment plan pursuant |
23 | | to which the municipality or county has agreed to terminate the |
24 | | suspension, or whenever the municipality or county determines
|
25 | | that the original report was in error. A certified copy of such
|
26 | | notification shall also be given upon request and at no |
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1 | | additional charge
to the person named therein. Upon receipt of |
2 | | the municipality's or county's
notification or presentation of |
3 | | a certified copy of such notification, the
Secretary of State |
4 | | shall terminate the suspension.
|
5 | | (e) Any municipality or county making a certified report to |
6 | | the Secretary of State
pursuant to this Section
shall also by |
7 | | ordinance establish procedures for persons to
challenge the |
8 | | accuracy of the certified report. The ordinance shall also
|
9 | | state the grounds for such a challenge, which may be limited to |
10 | | (1) the
person not having been the owner or lessee of the |
11 | | vehicle or vehicles
receiving 10 or more standing, parking, or |
12 | | compliance
violation notices or a combination of 5 or more |
13 | | automated speed enforcement system or automated traffic law |
14 | | violations on the date or dates such notices were issued; and |
15 | | (2) the
person
having already paid the fine or penalty for the |
16 | | 10 or more standing, parking, or compliance violations or |
17 | | combination of 5 or more automated speed enforcement system or |
18 | | automated traffic law violations
indicated on the certified |
19 | | report.
|
20 | | (f) Any municipality or county, other than a municipality |
21 | | or county establishing vehicular
standing, parking, and |
22 | | compliance regulations pursuant to
Section 11-208.3, automated |
23 | | speed enforcement system regulations under Section 11-208.8, |
24 | | or automated traffic law regulations under Section 11-208.6, |
25 | | 11-208.9, or 11-1201.1, may also
cause a suspension of a |
26 | | person's drivers license pursuant to this Section.
Such |
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1 | | municipality or county may invoke this sanction by making a |
2 | | certified report to
the Secretary of State upon a person's |
3 | | failure to satisfy any fine or
penalty imposed by final |
4 | | judgment for 10 or more violations of local
standing, parking, |
5 | | or compliance regulations or a combination of 5 or more |
6 | | automated speed enforcement system or automated traffic law |
7 | | violations after exhaustion
of judicial review
procedures, but |
8 | | only if:
|
9 | | (1) the municipality or county complies with the |
10 | | provisions of this Section in all
respects except in regard |
11 | | to enacting an ordinance pursuant to Section
11-208.3;
|
12 | | (2) the municipality or county has sent a notice of |
13 | | impending
drivers license suspension as prescribed by an |
14 | | ordinance enacted pursuant to
subsection (g) of this |
15 | | Section; and
|
16 | | (3) in municipalities or counties with a population of |
17 | | 1,000,000 or more, the
municipality or county
has verified |
18 | | that the alleged violator's State vehicle registration |
19 | | number and
vehicle make are correct as they appear on the |
20 | | citations.
|
21 | | (g) Any municipality or county, other than a municipality |
22 | | or county establishing
standing, parking, and compliance |
23 | | regulations pursuant to
Section 11-208.3, automated speed |
24 | | enforcement system regulations under Section 11-208.8, or |
25 | | automated traffic law regulations under Section 11-208.6, |
26 | | 11-208.9, or 11-1201.1, may provide by
ordinance for the |
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1 | | sending of a notice of impending
drivers license suspension to |
2 | | the person who has failed to satisfy any fine
or penalty |
3 | | imposed by final judgment for 10 or more violations of local
|
4 | | standing, parking, or compliance regulations or a combination |
5 | | of 5 or more automated speed enforcement system or automated |
6 | | traffic law violations after exhaustion
of
judicial review
|
7 | | procedures. An ordinance so providing shall specify that the |
8 | | notice
sent to the person liable for any fine or penalty
shall |
9 | | state that failure to pay the fine or
penalty owing within 45 |
10 | | days of the notice's date will result in the
municipality or |
11 | | county notifying the Secretary of State that
the person's |
12 | | drivers license is eligible for suspension pursuant to this
|
13 | | Section.
The notice of impending drivers license suspension
|
14 | | shall be sent by first class United States mail, postage |
15 | | prepaid, to the
address
recorded with the Secretary of State or |
16 | | at the last address known to the lessor of the cited vehicle at |
17 | | the time of lease or, if any notice sent under Section 11-208.3 |
18 | | of this Code is returned as undeliverable, to the last known |
19 | | address recorded in a United States Post Office approved |
20 | | database.
|
21 | | (h) An administrative hearing to contest an impending |
22 | | suspension or a
suspension made pursuant to this Section may be |
23 | | had upon filing a written
request with the Secretary of State. |
24 | | The filing fee for this hearing shall
be $20, to be paid at the |
25 | | time the request is made.
A municipality or county which files |
26 | | a certified report with the Secretary of
State pursuant to this |
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1 | | Section shall reimburse the Secretary for all
reasonable costs |
2 | | incurred by the Secretary as a result of the filing of the
|
3 | | report, including but not limited to the costs of providing the |
4 | | notice
required pursuant to subsection (b) and the costs |
5 | | incurred by the Secretary
in any hearing conducted with respect |
6 | | to the report pursuant to this
subsection and any appeal from |
7 | | such a hearing.
|
8 | | (i) The provisions of this Section shall apply on and after |
9 | | January 1, 1988.
|
10 | | (j) For purposes of this Section, the term "compliance |
11 | | violation" is
defined as in Section 11-208.3.
|
12 | | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; |
13 | | 98-556, eff. 1-1-14.)
|
14 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
15 | | Sec. 11-208.3. Administrative adjudication of violations |
16 | | of traffic
regulations concerning the standing, parking, or |
17 | | condition of
vehicles, automated traffic law violations, and |
18 | | automated speed enforcement system violations.
|
19 | | (a) Any municipality or county may provide by ordinance for |
20 | | a system of
administrative adjudication of vehicular standing |
21 | | and parking violations and
vehicle compliance violations as |
22 | | described in this subsection, automated traffic law violations |
23 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and |
24 | | automated speed enforcement system violations as defined in |
25 | | Section 11-208.8.
The administrative system shall have as its |
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1 | | purpose the fair and
efficient enforcement of municipal or |
2 | | county regulations through the
administrative adjudication of |
3 | | automated speed enforcement system or automated traffic law |
4 | | violations and violations of municipal or county ordinances
|
5 | | regulating the standing and parking of vehicles, the condition |
6 | | and use of
vehicle equipment, and the display of municipal or |
7 | | county wheel tax licenses within the
municipality's
or county's |
8 | | borders. The administrative system shall only have authority to |
9 | | adjudicate
civil offenses carrying fines not in excess of $500 |
10 | | or requiring the completion of a traffic education program, or |
11 | | both, that occur after the
effective date of the ordinance |
12 | | adopting such a system under this Section.
For purposes of this |
13 | | Section, "compliance violation" means a violation of a
|
14 | | municipal or county regulation governing the condition or use |
15 | | of equipment on a vehicle
or governing the display of a |
16 | | municipal or county wheel tax license.
|
17 | | (b) Any ordinance establishing a system of administrative |
18 | | adjudication
under this Section shall provide for:
|
19 | | (1) A traffic compliance administrator authorized to
|
20 | | adopt, distribute and
process parking, compliance, and |
21 | | automated speed enforcement system or automated traffic |
22 | | law violation notices and other notices required
by this
|
23 | | Section, collect money paid as fines and penalties for |
24 | | violation of parking
and compliance
ordinances and |
25 | | automated speed enforcement system or automated traffic |
26 | | law violations, and operate an administrative adjudication |
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1 | | system. The traffic
compliance
administrator also may make |
2 | | a certified report to the Secretary of State
under Section |
3 | | 6-306.5.
|
4 | | (2) A parking, standing, compliance, automated speed |
5 | | enforcement system, or automated traffic law violation |
6 | | notice
that
shall specify the date,
time, and place of |
7 | | violation of a parking, standing,
compliance, automated |
8 | | speed enforcement system, or automated traffic law
|
9 | | regulation; the particular regulation
violated; any |
10 | | requirement to complete a traffic education program; the |
11 | | fine and any penalty that may be assessed for late payment |
12 | | or failure to complete a required traffic education |
13 | | program, or both,
when so provided by ordinance; the |
14 | | vehicle make and state registration
number; and the |
15 | | identification number of the
person issuing the notice.
|
16 | | With regard to automated speed enforcement system or |
17 | | automated traffic law violations, vehicle make shall be |
18 | | specified on the automated speed enforcement system or |
19 | | automated traffic law violation notice if the make is |
20 | | available and readily discernible. With regard to |
21 | | municipalities or counties with a population of 1 million |
22 | | or more, it
shall be grounds for
dismissal of a parking
|
23 | | violation if the state registration number or vehicle make |
24 | | specified is
incorrect. The violation notice shall state |
25 | | that the completion of any required traffic education |
26 | | program, the payment of any indicated
fine, and the payment |
|
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1 | | of any applicable penalty for late payment or failure to |
2 | | complete a required traffic education program, or both, |
3 | | shall operate as a
final disposition of the violation. The |
4 | | notice also shall contain
information as to the |
5 | | availability of a hearing in which the violation may
be |
6 | | contested on its merits. The violation notice shall specify |
7 | | the
time and manner in which a hearing may be had.
|
8 | | (3) Service of the parking, standing, or compliance
|
9 | | violation notice by affixing the
original or a facsimile of |
10 | | the notice to an unlawfully parked vehicle or by
handing |
11 | | the notice to the operator of a vehicle if he or she is
|
12 | | present and service of an automated speed enforcement |
13 | | system or automated traffic law violation notice by mail to |
14 | | the
address
of the registered owner or lessee of the cited |
15 | | vehicle as recorded with the Secretary of
State or the |
16 | | lessor of the motor vehicle within 30 days after the |
17 | | Secretary of State or the lessor of the motor vehicle |
18 | | notifies the municipality or county of the identity of the |
19 | | owner or lessee of the vehicle, but not later than 90 days |
20 | | after the violation, except that in the case of a lessee of |
21 | | a motor vehicle, service of an automated traffic law |
22 | | violation notice may occur no later than 210 days after the |
23 | | violation. A person authorized by ordinance to issue and |
24 | | serve parking,
standing, and compliance
violation notices |
25 | | shall certify as to the correctness of the facts entered
on |
26 | | the violation notice by signing his or her name to the |
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1 | | notice at
the time of service or in the case of a notice |
2 | | produced by a computerized
device, by signing a single |
3 | | certificate to be kept by the traffic
compliance
|
4 | | administrator attesting to the correctness of all notices |
5 | | produced by the
device while it was under his or her |
6 | | control. In the case of an automated traffic law violation, |
7 | | the ordinance shall
require
a
determination by a technician |
8 | | employed or contracted by the municipality or county that,
|
9 | | based on inspection of recorded images, the motor vehicle |
10 | | was being operated in
violation of Section 11-208.6, |
11 | | 11-208.9, or 11-1201.1 or a local ordinance.
If the |
12 | | technician determines that the
vehicle entered the |
13 | | intersection as part of a funeral procession or in order to
|
14 | | yield the right-of-way to an emergency vehicle, a citation |
15 | | shall not be issued. In municipalities with a population of |
16 | | less than 1,000,000 inhabitants and counties with a |
17 | | population of less than 3,000,000 inhabitants, the |
18 | | automated traffic law ordinance shall require that all |
19 | | determinations by a technician that a motor vehicle was |
20 | | being operated in
violation of Section 11-208.6, 11-208.9, |
21 | | or 11-1201.1 or a local ordinance must be reviewed and |
22 | | approved by a law enforcement officer or retired law |
23 | | enforcement officer of the municipality or county issuing |
24 | | the violation. In municipalities with a population of |
25 | | 1,000,000 or more inhabitants and counties with a |
26 | | population of 3,000,000 or more inhabitants, the automated |
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1 | | traffic law ordinance shall require that all |
2 | | determinations by a technician that a motor vehicle was |
3 | | being operated in
violation of Section 11-208.6, 11-208.9, |
4 | | or 11-1201.1 or a local ordinance must be reviewed and |
5 | | approved by a law enforcement officer or retired law |
6 | | enforcement officer of the municipality or county issuing |
7 | | the violation or by an additional fully-trained reviewing |
8 | | technician who is not employed by the contractor who |
9 | | employs the technician who made the initial determination. |
10 | | In the case of an automated speed enforcement system |
11 | | violation, the ordinance shall require a determination by a |
12 | | technician employed by the municipality, based upon an |
13 | | inspection of recorded images, video or other |
14 | | documentation, including documentation of the speed limit |
15 | | and automated speed enforcement signage, and documentation |
16 | | of the inspection, calibration, and certification of the |
17 | | speed equipment, that the vehicle was being operated in |
18 | | violation of Article VI of Chapter 11 of this Code or a |
19 | | similar local ordinance. If the technician determines that |
20 | | the vehicle speed was not determined by a calibrated, |
21 | | certified speed equipment device based upon the speed |
22 | | equipment documentation, or if the vehicle was an emergency |
23 | | vehicle, a citation may not be issued. The automated speed |
24 | | enforcement ordinance shall require that all |
25 | | determinations by a technician that a violation occurred be |
26 | | reviewed and approved by a law enforcement officer or |
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1 | | retired law enforcement officer of the municipality |
2 | | issuing the violation or by an additional fully trained |
3 | | reviewing technician who is not employed by the contractor |
4 | | who employs the technician who made the initial |
5 | | determination. Routine and independent calibration of the |
6 | | speeds produced by automated speed enforcement systems and |
7 | | equipment shall be conducted annually by a qualified |
8 | | technician. Speeds produced by an automated speed |
9 | | enforcement system shall be compared with speeds produced |
10 | | by lidar or other independent equipment. Radar or lidar |
11 | | equipment shall undergo an internal validation test no less |
12 | | frequently than once each week. Qualified technicians |
13 | | shall test loop based equipment no less frequently than |
14 | | once a year. Radar equipment shall be checked for accuracy |
15 | | by a qualified technician when the unit is serviced, when |
16 | | unusual or suspect readings persist, or when deemed |
17 | | necessary by a reviewing technician. Radar equipment shall |
18 | | be checked with the internal frequency generator and the |
19 | | internal circuit test whenever the radar is turned on. |
20 | | Technicians must be alert for any unusual or suspect |
21 | | readings, and if unusual or suspect readings of a radar |
22 | | unit persist, that unit shall immediately be removed from |
23 | | service and not returned to service until it has been |
24 | | checked by a qualified technician and determined to be |
25 | | functioning properly. Documentation of the annual |
26 | | calibration results, including the equipment tested, test |
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1 | | date, technician performing the test, and test results, |
2 | | shall be maintained and available for use in the |
3 | | determination of an automated speed enforcement system |
4 | | violation and issuance of a citation. The technician |
5 | | performing the calibration and testing of the automated |
6 | | speed enforcement equipment shall be trained and certified |
7 | | in the use of equipment for speed enforcement purposes. |
8 | | Training on the speed enforcement equipment may be |
9 | | conducted by law enforcement, civilian, or manufacturer's |
10 | | personnel and if applicable may be equivalent to the |
11 | | equipment use and operations training included in the Speed |
12 | | Measuring Device Operator Program developed by the |
13 | | National Highway Traffic Safety Administration (NHTSA). |
14 | | The vendor or technician who performs the work shall keep |
15 | | accurate records on each piece of equipment the technician |
16 | | calibrates and tests. As used in this paragraph, |
17 | | "fully-trained reviewing technician" means a person who |
18 | | has received at least 40 hours of supervised training in |
19 | | subjects which shall include image inspection and |
20 | | interpretation, the elements necessary to prove a |
21 | | violation, license plate identification, and traffic |
22 | | safety and management. In all municipalities and counties, |
23 | | the automated speed enforcement system or automated |
24 | | traffic law ordinance shall require that no additional fee |
25 | | shall be charged to the alleged violator for exercising his |
26 | | or her right to an administrative hearing, and persons |
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1 | | shall be given at least 25 days following an administrative |
2 | | hearing to pay any civil penalty imposed by a finding that |
3 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
4 | | similar local ordinance has been violated. The original or |
5 | | a
facsimile of the violation notice or, in the case of a |
6 | | notice produced by a
computerized device, a printed record |
7 | | generated by the device showing the facts
entered on the |
8 | | notice, shall be retained by the
traffic compliance
|
9 | | administrator, and shall be a record kept in the ordinary |
10 | | course of
business. A parking, standing, compliance, |
11 | | automated speed enforcement system, or automated traffic |
12 | | law violation notice issued,
signed and served in
|
13 | | accordance with this Section, a copy of the notice, or the |
14 | | computer
generated record shall be prima facie
correct and |
15 | | shall be prima facie evidence of the correctness of the |
16 | | facts
shown on the notice. The notice, copy, or computer |
17 | | generated
record shall be admissible in any
subsequent |
18 | | administrative or legal proceedings.
|
19 | | (4) An opportunity for a hearing for the registered |
20 | | owner of the
vehicle cited in the parking, standing, |
21 | | compliance, automated speed enforcement system, or |
22 | | automated traffic law violation notice in
which the owner |
23 | | may
contest the merits of the alleged violation, and during |
24 | | which formal or
technical rules of evidence shall not |
25 | | apply; provided, however, that under
Section 11-1306 of |
26 | | this Code the lessee of a vehicle cited in the
violation |
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1 | | notice likewise shall be provided an opportunity for a |
2 | | hearing of
the same kind afforded the registered owner. The |
3 | | hearings shall be
recorded, and the person conducting the |
4 | | hearing on behalf of the traffic
compliance
administrator |
5 | | shall be empowered to administer oaths and to secure by
|
6 | | subpoena both the attendance and testimony of witnesses and |
7 | | the production
of relevant books and papers. Persons |
8 | | appearing at a hearing under this
Section may be |
9 | | represented by counsel at their expense. The ordinance may
|
10 | | also provide for internal administrative review following |
11 | | the decision of
the hearing officer.
|
12 | | (5) Service of additional notices, sent by first class |
13 | | United States
mail, postage prepaid, to the address of the |
14 | | registered owner of the cited
vehicle as recorded with the |
15 | | Secretary of State or, if any notice to that address is |
16 | | returned as undeliverable, to the last known address |
17 | | recorded in a United States Post Office approved database,
|
18 | | or, under Section 11-1306
or subsection (p) of Section |
19 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 |
20 | | of this Code, to the lessee of the cited vehicle at the |
21 | | last address known
to the lessor of the cited vehicle at |
22 | | the time of lease or, if any notice to that address is |
23 | | returned as undeliverable, to the last known address |
24 | | recorded in a United States Post Office approved database.
|
25 | | The service shall
be deemed complete as of the date of |
26 | | deposit in the United States mail.
The notices shall be in |
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1 | | the following sequence and shall include but not be
limited |
2 | | to the information specified herein:
|
3 | | (i) A second notice of parking, standing, or |
4 | | compliance violation. This notice shall specify the
|
5 | | date and location of the violation cited in the |
6 | | parking,
standing,
or compliance violation
notice, the |
7 | | particular regulation violated, the vehicle
make and |
8 | | state registration number, any requirement to complete |
9 | | a traffic education program, the fine and any penalty |
10 | | that may be
assessed for late payment or failure to |
11 | | complete a traffic education program, or both, when so |
12 | | provided by ordinance, the availability
of a hearing in |
13 | | which the violation may be contested on its merits, and |
14 | | the
time and manner in which the hearing may be had. |
15 | | The notice of violation
shall also state that failure |
16 | | to complete a required traffic education program, to |
17 | | pay the indicated fine and any
applicable penalty, or |
18 | | to appear at a hearing on the merits in the time and
|
19 | | manner specified, will result in a final determination |
20 | | of violation
liability for the cited violation in the |
21 | | amount of the fine or penalty
indicated, and that, upon |
22 | | the occurrence of a final determination of violation |
23 | | liability for the failure, and the exhaustion of, or
|
24 | | failure to exhaust, available administrative or |
25 | | judicial procedures for
review, any incomplete traffic |
26 | | education program or any unpaid fine or penalty, or |
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1 | | both, will constitute a debt due and owing
the |
2 | | municipality or county.
|
3 | | (ii) A notice of final determination of parking, |
4 | | standing,
compliance, automated speed enforcement |
5 | | system, or automated traffic law violation liability.
|
6 | | This notice shall be sent following a final |
7 | | determination of parking,
standing, compliance, |
8 | | automated speed enforcement system, or automated |
9 | | traffic law
violation liability and the conclusion of |
10 | | judicial review procedures taken
under this Section. |
11 | | The notice shall state that the incomplete traffic |
12 | | education program or the unpaid fine or
penalty, or |
13 | | both, is a debt due and owing the municipality or |
14 | | county. The notice shall contain
warnings that failure |
15 | | to complete any required traffic education program or |
16 | | to pay any fine or penalty due and owing the
|
17 | | municipality or county, or both, within the time |
18 | | specified may result in the municipality's
or county's |
19 | | filing of a petition in the Circuit Court to have the |
20 | | incomplete traffic education program or unpaid
fine or |
21 | | penalty, or both, rendered a judgment as provided by |
22 | | this Section, or , where applicable, may
result in |
23 | | suspension of the person's drivers license for failure |
24 | | to complete a traffic education program or to pay
fines |
25 | | or penalties, or both, for 10 or more parking |
26 | | violations under Section 6-306.5, or a combination of 5 |
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1 | | or more automated traffic law violations under Section |
2 | | 11-208.6 or 11-208.9 or automated speed enforcement |
3 | | system violations under Section 11-208.8.
|
4 | | (6) A notice of impending drivers license suspension. |
5 | | This
notice shall be sent to the person liable for failure |
6 | | to complete a required traffic education program or to pay |
7 | | any fine or penalty that
remains due and owing, or both, on |
8 | | 10 or more parking
violations or combination of 5 or more |
9 | | unpaid automated speed enforcement system or automated |
10 | | traffic law violations. The notice
shall state that failure |
11 | | to complete a required traffic education program or to pay |
12 | | the fine or penalty owing, or both, within 45 days of
the |
13 | | notice's date will result in the municipality or county |
14 | | notifying the Secretary
of State that the person is |
15 | | eligible for initiation of suspension
proceedings under |
16 | | Section 6-306.5 of this Code. The notice shall also state
|
17 | | that the person may obtain a photostatic copy of an |
18 | | original ticket imposing a
fine or penalty by sending a |
19 | | self addressed, stamped envelope to the
municipality or |
20 | | county along with a request for the photostatic copy.
The |
21 | | notice of impending
drivers license suspension shall be |
22 | | sent by first class United States mail,
postage prepaid, to |
23 | | the address recorded with the Secretary of State or, if any |
24 | | notice to that address is returned as undeliverable, to the |
25 | | last known address recorded in a United States Post Office |
26 | | approved database.
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1 | | (7) Final determinations of violation liability. A |
2 | | final
determination of violation liability shall occur |
3 | | following failure to complete the required traffic |
4 | | education program or
to pay the fine or penalty, or both, |
5 | | after a hearing officer's determination of violation |
6 | | liability and the exhaustion of or failure to exhaust any
|
7 | | administrative review procedures provided by ordinance. |
8 | | Where a person
fails to appear at a hearing to contest the |
9 | | alleged violation in the time
and manner specified in a |
10 | | prior mailed notice, the hearing officer's
determination |
11 | | of violation liability shall become final: (A) upon
denial |
12 | | of a timely petition to set aside that determination, or |
13 | | (B) upon
expiration of the period for filing the petition |
14 | | without a
filing having been made.
|
15 | | (8) A petition to set aside a determination of parking, |
16 | | standing,
compliance, automated speed enforcement system, |
17 | | or automated traffic law violation
liability that may be |
18 | | filed by a person owing an unpaid fine or penalty. A |
19 | | petition to set aside a determination of liability may also |
20 | | be filed by a person required to complete a traffic |
21 | | education program.
The petition shall be filed with and |
22 | | ruled upon by the traffic compliance
administrator in the |
23 | | manner and within the time specified by ordinance.
The |
24 | | grounds for the petition may be limited to: (A) the person |
25 | | not having
been the owner or lessee of the cited vehicle on |
26 | | the date the
violation notice was issued, (B) the person |
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1 | | having already completed the required traffic education |
2 | | program or paid the fine or
penalty, or both, for the |
3 | | violation in question, and (C) excusable failure to
appear |
4 | | at or
request a new date for a hearing.
With regard to |
5 | | municipalities or counties with a population of 1 million |
6 | | or more, it
shall be grounds for
dismissal of a
parking |
7 | | violation if the state registration number, or vehicle make |
8 | | if specified, is
incorrect. After the determination of
|
9 | | parking, standing, compliance, automated speed enforcement |
10 | | system, or automated traffic law violation liability has |
11 | | been set aside
upon a showing of just
cause, the registered |
12 | | owner shall be provided with a hearing on the merits
for |
13 | | that violation.
|
14 | | (9) Procedures for non-residents. Procedures by which |
15 | | persons who are
not residents of the municipality or county |
16 | | may contest the merits of the alleged
violation without |
17 | | attending a hearing.
|
18 | | (10) A schedule of civil fines for violations of |
19 | | vehicular standing,
parking, compliance, automated speed |
20 | | enforcement system, or automated traffic law regulations |
21 | | enacted by ordinance pursuant to this
Section, and a
|
22 | | schedule of penalties for late payment of the fines or |
23 | | failure to complete required traffic education programs, |
24 | | provided, however,
that the total amount of the fine and |
25 | | penalty for any one violation shall
not exceed $250, except |
26 | | as provided in subsection (c) of Section 11-1301.3 of this |
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1 | | Code.
|
2 | | (11) Other provisions as are necessary and proper to |
3 | | carry into
effect the powers granted and purposes stated in |
4 | | this Section.
|
5 | | (c) Any municipality or county establishing vehicular |
6 | | standing, parking,
compliance, automated speed enforcement |
7 | | system, or automated traffic law
regulations under this Section |
8 | | may also provide by ordinance for a
program of vehicle |
9 | | immobilization for the purpose of facilitating
enforcement of |
10 | | those regulations. The program of vehicle
immobilization shall |
11 | | provide for immobilizing any eligible vehicle upon the
public |
12 | | way by presence of a restraint in a manner to prevent operation |
13 | | of
the vehicle. Any ordinance establishing a program of vehicle
|
14 | | immobilization under this Section shall provide:
|
15 | | (1) Criteria for the designation of vehicles eligible |
16 | | for
immobilization. A vehicle shall be eligible for |
17 | | immobilization when the
registered owner of the vehicle has |
18 | | accumulated the number of incomplete traffic education |
19 | | programs or unpaid final
determinations of parking, |
20 | | standing, compliance, automated speed enforcement system, |
21 | | or automated traffic law violation liability, or both, as
|
22 | | determined by ordinance.
|
23 | | (2) A notice of impending vehicle immobilization and a |
24 | | right to a
hearing to challenge the validity of the notice |
25 | | by disproving liability
for the incomplete traffic |
26 | | education programs or unpaid final determinations of |
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1 | | parking, standing, compliance, automated speed enforcement |
2 | | system, or automated traffic law
violation liability, or |
3 | | both, listed
on the notice.
|
4 | | (3) The right to a prompt hearing after a vehicle has |
5 | | been immobilized
or subsequently towed without the |
6 | | completion of the required traffic education program or |
7 | | payment of the outstanding fines and
penalties on parking, |
8 | | standing, compliance, automated speed enforcement system, |
9 | | or automated traffic law violations, or both, for which |
10 | | final
determinations have been
issued. An order issued |
11 | | after the hearing is a final administrative
decision within |
12 | | the meaning of Section 3-101 of the Code of Civil |
13 | | Procedure.
|
14 | | (4) A post immobilization and post-towing notice |
15 | | advising the registered
owner of the vehicle of the right |
16 | | to a hearing to challenge the validity
of the impoundment.
|
17 | | (d) Judicial review of final determinations of parking, |
18 | | standing,
compliance, automated speed enforcement system, or |
19 | | automated traffic law
violations and final administrative |
20 | | decisions issued after hearings
regarding vehicle |
21 | | immobilization and impoundment made
under this Section shall be |
22 | | subject to the provisions of
the Administrative Review Law.
|
23 | | (e) Any fine, penalty, incomplete traffic education |
24 | | program, or part of any fine or any penalty remaining
unpaid |
25 | | after the exhaustion of, or the failure to exhaust, |
26 | | administrative
remedies created under this Section and the |
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1 | | conclusion of any judicial
review procedures shall be a debt |
2 | | due and owing the municipality or county and, as
such, may be |
3 | | collected in accordance with applicable law. Completion of any |
4 | | required traffic education program and payment in full
of any |
5 | | fine or penalty resulting from a standing, parking,
compliance, |
6 | | automated speed enforcement system, or automated traffic law |
7 | | violation shall
constitute a final disposition of that |
8 | | violation.
|
9 | | (f) After the expiration of the period within which |
10 | | judicial review may
be sought for a final determination of |
11 | | parking, standing, compliance, automated speed enforcement |
12 | | system, or automated traffic law
violation, the municipality
or |
13 | | county may commence a proceeding in the Circuit Court for |
14 | | purposes of obtaining a
judgment on the final determination of |
15 | | violation. Nothing in this
Section shall prevent a municipality |
16 | | or county from consolidating multiple final
determinations of |
17 | | parking, standing, compliance, automated speed enforcement |
18 | | system, or automated traffic law violations against a
person in |
19 | | a proceeding.
Upon commencement of the action, the municipality |
20 | | or county shall file a certified
copy or record of the final |
21 | | determination of parking, standing, compliance, automated |
22 | | speed enforcement system, or automated traffic law
violation, |
23 | | which shall be
accompanied by a certification that recites |
24 | | facts sufficient to show that
the final determination of |
25 | | violation was
issued in accordance with this Section and the |
26 | | applicable municipal
or county ordinance. Service of the |
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1 | | summons and a copy of the petition may be by
any method |
2 | | provided by Section 2-203 of the Code of Civil Procedure or by
|
3 | | certified mail, return receipt requested, provided that the |
4 | | total amount of
fines and penalties for final determinations of |
5 | | parking, standing,
compliance, automated speed enforcement |
6 | | system, or automated traffic law violations does not
exceed |
7 | | $2500. If the court is satisfied that the final determination |
8 | | of
parking, standing, compliance, automated speed enforcement |
9 | | system, or automated traffic law violation was entered in |
10 | | accordance with
the requirements of
this Section and the |
11 | | applicable municipal or county ordinance, and that the |
12 | | registered
owner or the lessee, as the case may be, had an |
13 | | opportunity for an
administrative hearing and for judicial |
14 | | review as provided in this Section,
the court shall render |
15 | | judgment in favor of the municipality or county and against
the |
16 | | registered owner or the lessee for the amount indicated in the |
17 | | final
determination of parking, standing, compliance, |
18 | | automated speed enforcement system, or automated traffic law |
19 | | violation, plus costs.
The judgment shall have
the same effect |
20 | | and may be enforced in the same manner as other judgments
for |
21 | | the recovery of money.
|
22 | | (g) The fee for participating in a traffic education |
23 | | program under this Section shall not exceed $25. |
24 | | A low-income individual required to complete a traffic |
25 | | education program under this Section who provides proof of |
26 | | eligibility for the federal earned income tax credit under |
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1 | | Section 32 of the Internal Revenue Code or the Illinois earned |
2 | | income tax credit under Section 212 of the Illinois Income Tax |
3 | | Act shall not be required to pay any fee for participating in a |
4 | | required traffic education program. |
5 | | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, |
6 | | eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
|
7 | | (625 ILCS 5/6-205.2 rep.) |
8 | | (625 ILCS 5/6-306.7 rep.) |
9 | | Section 10. The Illinois Vehicle Code is amended by |
10 | | repealing Sections 6-205.2 and 6-306.7. |
11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 625 ILCS 5/3-704.2 | | | 4 | | 625 ILCS 5/6-201 | | | 5 | | 625 ILCS 5/6-204 | from Ch. 95 1/2, par. 6-204 | | 6 | | 625 ILCS 5/6-205 | | | 7 | | 625 ILCS 5/6-206 | | | 8 | | 625 ILCS 5/6-209.1 new | | | 9 | | 625 ILCS 5/6-213 new | | | 10 | | 625 ILCS 5/6-306.5 | from Ch. 95 1/2, par. 6-306.5 | | 11 | | 625 ILCS 5/11-208.3 | from Ch. 95 1/2, par. 11-208.3 | | 12 | | 625 ILCS 5/6-205.2 rep. | | | 13 | | 625 ILCS 5/6-306.7 rep. | |
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