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Full Text of SB2411  100th General Assembly

SB2411sam001 100TH GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/20/2018

 

 


 

 


 
10000SB2411sam001LRB100 17944 LNS 38924 a

1
AMENDMENT TO SENATE BILL 2411

2    AMENDMENT NO. ______. Amend Senate Bill 2411 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the License to
5Work Act.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-209, 6-306.5,
8and 11-208.3 and by adding Sections 6-209.1, and 6-213 as
9follows:
 
10    (625 ILCS 5/3-704.2)
11    Sec. 3-704.2. Failure to satisfy fines or penalties for
12toll violations or evasions; suspension of vehicle
13registration.
14    (a) Upon receipt of a certified report, as prescribed by
15subsection (c) of this Section, from the Authority stating that

 

 

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1the owner of a registered vehicle has failed to satisfy any
2fine or penalty resulting from a final order issued by the
3Authority relating directly or indirectly to 5 or more toll
4violations, toll evasions, or both, the Secretary of State
5shall suspend the vehicle registration of the person in
6accordance with the procedures set forth in this Section.
7    (b) Following receipt of the certified report of the
8Authority as specified in the Section, the Secretary of State
9shall notify the person whose name appears on the certified
10report that the person's vehicle registration will be suspended
11at the end of a specified period unless the Secretary of State
12is presented with a notice from the Authority certifying that
13the fines or penalties owing the Authority have been satisfied
14or that inclusion of that person's name on the certified report
15was in error. The Secretary's notice shall state in substance
16the information contained in the Authority's certified report
17to the Secretary, and shall be effective as specified by
18subsection (c) of Section 6-211 of this Code.
19    (c) The report from the Authority notifying the Secretary
20of unsatisfied fines or penalties pursuant to this Section
21shall be certified and shall contain the following:
22        (1) The name, last known address, and driver's license
23    number of the person who failed to satisfy the fines or
24    penalties and the registration number of any vehicle known
25    to be registered in this State to that person.
26        (2) A statement that the Authority sent a notice of

 

 

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1    impending suspension of the person's driver's license,
2    vehicle registration, or both, as prescribed by rules
3    enacted pursuant to subsection (a-5) of Section 10 of the
4    Toll Highway Act, to the person named in the report at the
5    address recorded with the Secretary of State; the date on
6    which the notice was sent; and the address to which the
7    notice was sent.
8    (d) The Authority, after making a certified report to the
9Secretary pursuant to this Section, shall notify the Secretary,
10on a form prescribed by the Secretary, whenever a person named
11in the certified report has satisfied the previously reported
12fines or penalties or whenever the Authority determines that
13the original report was in error. A certified copy of the
14notification shall also be given upon request and at no
15additional charge to the person named therein. Upon receipt of
16the Authority's notification or presentation of a certified
17copy of the notification, the Secretary shall terminate the
18suspension.
19    (e) The Authority shall, by rule, establish procedures for
20persons to challenge the accuracy of the certified report made
21pursuant to this Section. The rule shall also provide the
22grounds for a challenge, which may be limited to:
23        (1) the person not having been the owner or lessee of
24    the vehicle or vehicles receiving 5 or more toll violation
25    or toll evasion notices on the date or dates the notices
26    were issued; or

 

 

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1        (2) the person having already satisfied the fines or
2    penalties for the 5 or more toll violations or toll
3    evasions indicated on the certified report.
4    (f) All notices sent by the Authority to persons involved
5in administrative adjudications, hearings, and final orders
6issued pursuant to rules implementing subsection (a-5) of
7Section 10 of the Toll Highway Act shall state, in clear and
8unambiguous language, the consequences of that failure to
9satisfy any fine or penalty imposed by the Authority shall
10result in the Secretary of State suspending the driving
11privileges, vehicle registration, or both, of the person
12failing to satisfy the fines or penalties imposed by the
13Authority.
14    (g) A person may request an administrative hearing to
15contest an impending suspension or a suspension made pursuant
16to this Section upon filing a written request with the
17Secretary. The filing fee for this hearing is $20, to be paid
18at the time of the request. The Authority shall reimburse the
19Secretary for all reasonable costs incurred by the Secretary as
20a result of the filing of a certified report pursuant to this
21Section, including, but not limited to, the costs of providing
22notice required pursuant to subsection (b) and the costs
23incurred by the Secretary in any hearing conducted with respect
24to the report pursuant to this subsection and any appeal from
25that hearing.
26    (h) The Secretary and the Authority may promulgate rules to

 

 

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1enable them to carry out their duties under this Section.
2    (i) The Authority shall cooperate with the Secretary in the
3administration of this Section and shall provide the Secretary
4with any information the Secretary may deem necessary for these
5purposes, including regular and timely access to toll violation
6enforcement records.
7    The Secretary shall cooperate with the Authority in the
8administration of this Section and shall provide the Authority
9with any information the Authority may deem necessary for the
10purposes of this Section, including regular and timely access
11to vehicle registration records. Section 2-123 of this Code
12shall not apply to the provision of this information, but the
13Secretary shall be reimbursed for the cost of providing this
14information.
15    (j) For purposes of this Section, the term "Authority"
16means the Illinois State Toll Highway Authority.
17(Source: P.A. 91-277, eff. 1-1-00.)
 
18    (625 ILCS 5/6-201)
19    Sec. 6-201. Authority to cancel licenses and permits.
20    (a) The Secretary of State is authorized to cancel any
21license or permit upon determining that the holder thereof:
22        1. was not entitled to the issuance thereof hereunder;
23    or
24        2. failed to give the required or correct information
25    in his application; or

 

 

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1        3. failed to pay any fees owed to the Secretary of
2    State under this Code for the license or permit , civil
3    penalties owed to the Illinois Commerce Commission, or
4    taxes due under this Act and upon reasonable notice and
5    demand; or
6        4. committed any fraud in the making of such
7    application; or
8        5. is ineligible therefor under the provisions of
9    Section 6-103 of this Act, as amended; or
10        6. has refused or neglected to submit an alcohol, drug,
11    and intoxicating compound evaluation or to submit to
12    examination or re-examination as required under this Act;
13    or
14        7. has been convicted of violating the Cannabis Control
15    Act, the Illinois Controlled Substances Act, the
16    Methamphetamine Control and Community Protection Act, or
17    the Use of Intoxicating Compounds Act while that individual
18    was in actual physical control of a motor vehicle. For
19    purposes of this Section, any person placed on probation
20    under Section 10 of the Cannabis Control Act, Section 410
21    of the Illinois Controlled Substances Act, or Section 70 of
22    the Methamphetamine Control and Community Protection Act
23    shall not be considered convicted. Any person found guilty
24    of this offense, while in actual physical control of a
25    motor vehicle, shall have an entry made in the court record
26    by the judge that this offense did occur while the person

 

 

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1    was in actual physical control of a motor vehicle and order
2    the clerk of the court to report the violation to the
3    Secretary of State as such. After the cancellation, the
4    Secretary of State shall not issue a new license or permit
5    for a period of one year after the date of cancellation.
6    However, upon application, the Secretary of State may, if
7    satisfied that the person applying will not endanger the
8    public safety, or welfare, issue a restricted driving
9    permit granting the privilege of driving a motor vehicle
10    between the petitioner's residence and petitioner's place
11    of employment or within the scope of the petitioner's
12    employment related duties, or to allow transportation for
13    the petitioner or a household member of the petitioner's
14    family for the receipt of necessary medical care, or
15    provide transportation for the petitioner to and from
16    alcohol or drug remedial or rehabilitative activity
17    recommended by a licensed service provider, or for the
18    petitioner to attend classes, as a student, in an
19    accredited educational institution. The petitioner must
20    demonstrate that no alternative means of transportation is
21    reasonably available; provided that the Secretary's
22    discretion shall be limited to cases where undue hardship,
23    as defined by the rules of the Secretary of State, would
24    result from a failure to issue such restricted driving
25    permit. In each case the Secretary of State may issue such
26    restricted driving permit for such period as he deems

 

 

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1    appropriate, except that such permit shall expire within
2    one year from the date of issuance. A restricted driving
3    permit issued hereunder shall be subject to cancellation,
4    revocation and suspension by the Secretary of State in like
5    manner and for like cause as a driver's license issued
6    hereunder may be cancelled, revoked or suspended; except
7    that a conviction upon one or more offenses against laws or
8    ordinances regulating the movement of traffic shall be
9    deemed sufficient cause for the revocation, suspension or
10    cancellation of a restricted driving permit. The Secretary
11    of State may, as a condition to the issuance of a
12    restricted driving permit, require the applicant to
13    participate in a driver remedial or rehabilitative
14    program. 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
17    a CDL whose driving privileges have been revoked,
18    suspended, cancelled, or disqualified under this Code; or
19        8. failed to submit a report as required by Section
20    6-116.5 of this Code; or
21        9. has been convicted of a sex offense as defined in
22    the Sex Offender Registration Act. The driver's license
23    shall remain cancelled until the driver registers as a sex
24    offender as required by the Sex Offender Registration Act,
25    proof of the registration is furnished to the Secretary of
26    State and the sex offender provides proof of current

 

 

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1    address to the Secretary; or
2        10. is ineligible for a license or permit under Section
3    6-107, 6-107.1, or 6-108 of this Code; or
4        11. refused or neglected to appear at a Driver Services
5    facility to have the license or permit corrected and a new
6    license or permit issued or to present documentation for
7    verification of identity; or
8        12. failed to submit a medical examiner's certificate
9    or medical variance as required by 49 C.F.R. 383.71 or
10    submitted a fraudulent medical examiner's certificate or
11    medical variance; or
12        13. has had his or her medical examiner's certificate,
13    medical variance, or both removed or rescinded by the
14    Federal Motor Carrier Safety Administration; or
15        14. failed to self-certify as to the type of driving in
16    which the CDL driver engages or expects to engage; or
17        15. has submitted acceptable documentation indicating
18    out-of-state residency to the Secretary of State to be
19    released from the requirement of showing proof of financial
20    responsibility in this State; or
21        16. was convicted of fraud relating to the testing or
22    issuance of a CDL or CLP, in which case only the CDL or CLP
23    shall be cancelled. After cancellation, the Secretary
24    shall not issue a CLP or CDL for a period of one year from
25    the date of cancellation; or
26        17. has a special restricted license under subsection

 

 

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1    (g) of Section 6-113 of this Code and failed to submit the
2    required annual vision specialist report that the special
3    restricted license holder's vision has not changed; or
4        18. has a special restricted license under subsection
5    (g) of Section 6-113 of this Code and was convicted or
6    received court supervision for a violation of this Code
7    that occurred during nighttime hours or was involved in a
8    motor vehicle accident during nighttime hours in which the
9    restricted license holder was at fault; or
10        19. has assisted an out-of-state resident in acquiring
11    an Illinois driver's license or identification card by
12    providing or allowing the out-of-state resident to use his
13    or her Illinois address of residence and is complicit in
14    distributing and forwarding the Illinois driver's license
15    or identification card to the out-of-state resident.
16    (b) Upon such cancellation the licensee or permittee must
17surrender the license or permit so cancelled to the Secretary
18of State.
19    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
20Secretary of State shall have exclusive authority to grant,
21issue, deny, cancel, suspend and revoke driving privileges,
22drivers' licenses and restricted driving permits.
23    (c-5) A person whose driver's license was cancelled under
24paragraph (9) of subsection (a) of this Section before the
25effective date of this amendatory Act of the 100th General
26Assembly and remains cancelled shall have his or her driver's

 

 

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1license reinstated.
2    (d) The Secretary of State may adopt rules to implement
3this Section.
4(Source: P.A. 100-409, eff. 8-25-17.)
 
5    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
6    Sec. 6-204. When court to forward license and reports.
7    (a) For the purpose of providing to the Secretary of State
8the records essential to the performance of the Secretary's
9duties under this Code to cancel, revoke or suspend the
10driver's license and privilege to drive motor vehicles of
11certain minors adjudicated truant minors in need of
12supervision, addicted, or delinquent and of persons found
13guilty of the criminal offenses or traffic violations which
14this Code recognizes as evidence relating to unfitness to
15safely operate motor vehicles, the following duties are imposed
16upon public officials:
17        (1) Whenever any person is convicted of any offense for
18    which this Code makes mandatory the cancellation or
19    revocation of the driver's license or permit of such person
20    by the Secretary of State, the judge of the court in which
21    such conviction is had shall require the surrender to the
22    clerk of the court of all driver's licenses or permits then
23    held by the person so convicted, and the clerk of the court
24    shall, within 5 days thereafter, forward the same, together
25    with a report of such conviction, to the Secretary.

 

 

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1        (2) Whenever any person is convicted of any offense
2    under this Code or similar offenses under a municipal
3    ordinance, other than regulations governing standing,
4    parking or weights of vehicles, and excepting the following
5    enumerated Sections of this Code: Sections 11-1406
6    (obstruction to driver's view or control), 11-1407
7    (improper opening of door into traffic), 11-1410 (coasting
8    on downgrade), 11-1411 (following fire apparatus),
9    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
10    vehicle which is in unsafe condition or improperly
11    equipped), 12-201(a) (daytime lights on motorcycles),
12    12-202 (clearance, identification and side marker lamps),
13    12-204 (lamp or flag on projecting load), 12-205 (failure
14    to display the safety lights required), 12-401
15    (restrictions as to tire equipment), 12-502 (mirrors),
16    12-503 (windshields must be unobstructed and equipped with
17    wipers), 12-601 (horns and warning devices), 12-602
18    (mufflers, prevention of noise or smoke), 12-603 (seat
19    safety belts), 12-702 (certain vehicles to carry flares or
20    other warning devices), 12-703 (vehicles for oiling roads
21    operated on highways), 12-710 (splash guards and
22    replacements), 13-101 (safety tests), 15-101 (size, weight
23    and load), 15-102 (width), 15-103 (height), 15-104 (name
24    and address on second division vehicles), 15-107 (length of
25    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
26    15-112 (weights), 15-301 (weights), 15-316 (weights),

 

 

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1    15-318 (weights), and also excepting the following
2    enumerated Sections of the Chicago Municipal Code:
3    Sections 27-245 (following fire apparatus), 27-254
4    (obstruction of traffic), 27-258 (driving vehicle which is
5    in unsafe condition), 27-259 (coasting on downgrade),
6    27-264 (use of horns and signal devices), 27-265
7    (obstruction to driver's view or driver mechanism), 27-267
8    (dimming of headlights), 27-268 (unattended motor
9    vehicle), 27-272 (illegal funeral procession), 27-273
10    (funeral procession on boulevard), 27-275 (driving freight
11    hauling vehicles on boulevard), 27-276 (stopping and
12    standing of buses or taxicabs), 27-277 (cruising of public
13    passenger vehicles), 27-305 (parallel parking), 27-306
14    (diagonal parking), 27-307 (parking not to obstruct
15    traffic), 27-308 (stopping, standing or parking
16    regulated), 27-311 (parking regulations), 27-312 (parking
17    regulations), 27-313 (parking regulations), 27-314
18    (parking regulations), 27-315 (parking regulations),
19    27-316 (parking regulations), 27-317 (parking
20    regulations), 27-318 (parking regulations), 27-319
21    (parking regulations), 27-320 (parking regulations),
22    27-321 (parking regulations), 27-322 (parking
23    regulations), 27-324 (loading and unloading at an angle),
24    27-333 (wheel and axle loads), 27-334 (load restrictions in
25    the downtown district), 27-335 (load restrictions in
26    residential areas), 27-338 (width of vehicles), 27-339

 

 

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1    (height of vehicles), 27-340 (length of vehicles), 27-352
2    (reflectors on trailers), 27-353 (mufflers), 27-354
3    (display of plates), 27-355 (display of city vehicle tax
4    sticker), 27-357 (identification of vehicles), 27-358
5    (projecting of loads), and also excepting the following
6    enumerated paragraphs of Section 2-201 of the Rules and
7    Regulations of the Illinois State Toll Highway Authority:
8    (l) (driving unsafe vehicle on tollway), (m) (vehicles
9    transporting dangerous cargo not properly indicated), it
10    shall be the duty of the clerk of the court in which such
11    conviction is had within 5 days thereafter to forward to
12    the Secretary of State a report of the conviction and the
13    court may recommend the suspension of the driver's license
14    or permit of the person so convicted.
15        The reporting requirements of this subsection shall
16    apply to all violations stated in paragraphs (1) and (2) of
17    this subsection when the individual has been adjudicated
18    under the Juvenile Court Act or the Juvenile Court Act of
19    1987. Such reporting requirements shall also apply to
20    individuals adjudicated under the Juvenile Court Act or the
21    Juvenile Court Act of 1987 who have committed a violation
22    of Section 11-501 of this Code, or similar provision of a
23    local ordinance, or Section 9-3 of the Criminal Code of
24    1961 or the Criminal Code of 2012, relating to the offense
25    of reckless homicide, or Section 5-7 of the Snowmobile
26    Registration and Safety Act or Section 5-16 of the Boat

 

 

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1    Registration and Safety Act, relating to the offense of
2    operating a snowmobile or a watercraft while under the
3    influence of alcohol, other drug or drugs, intoxicating
4    compound or compounds, or combination thereof. These
5    reporting requirements also apply to individuals
6    adjudicated under the Juvenile Court Act of 1987 based on
7    any offense determined to have been committed in
8    furtherance of the criminal activities of an organized
9    gang, as provided in Section 5-710 of that Act, if those
10    activities and that involved the operation or use of a
11    motor vehicle or the use of a driver's license or permit.
12    The reporting requirements of this subsection shall also
13    apply to a truant minor in need of supervision, an addicted
14    minor, or a delinquent minor and whose driver's license and
15    privilege to drive a motor vehicle has been ordered
16    suspended for such times as determined by the court, but
17    only until he or she attains 18 years of age. It shall be
18    the duty of the clerk of the court in which adjudication is
19    had within 5 days thereafter to forward to the Secretary of
20    State a report of the adjudication and the court order
21    requiring the Secretary of State to suspend the minor's
22    driver's license and driving privilege for such time as
23    determined by the court, but only until he or she attains
24    the age of 18 years. All juvenile court dispositions
25    reported to the Secretary of State under this provision
26    shall be processed by the Secretary of State as if the

 

 

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1    cases had been adjudicated in traffic or criminal court.
2    However, information reported relative to the offense of
3    reckless homicide, or Section 11-501 of this Code, or a
4    similar provision of a local ordinance, shall be privileged
5    and available only to the Secretary of State, courts, and
6    police officers.
7        The reporting requirements of this subsection (a)
8    apply to all violations listed in paragraphs (1) and (2) of
9    this subsection (a), excluding parking violations, when
10    the driver holds a CLP or CDL, regardless of the type of
11    vehicle in which the violation occurred, or when any driver
12    committed the violation in a commercial motor vehicle as
13    defined in Section 6-500 of this Code.
14        (3) Whenever an order is entered vacating the
15    forfeiture of any bail, security or bond given to secure
16    appearance for any offense under this Code or similar
17    offenses under municipal ordinance, it shall be the duty of
18    the clerk of the court in which such vacation was had or
19    the judge of such court if such court has no clerk, within
20    5 days thereafter to forward to the Secretary of State a
21    report of the vacation.
22        (4) A report of any disposition of court supervision
23    for a violation of Sections 6-303, 11-401, 11-501 or a
24    similar provision of a local ordinance, 11-503, 11-504, and
25    11-506 of this Code, Section 5-7 of the Snowmobile
26    Registration and Safety Act, and Section 5-16 of the Boat

 

 

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1    Registration and Safety Act shall be forwarded to the
2    Secretary of State. A report of any disposition of court
3    supervision for a violation of an offense defined as a
4    serious traffic violation in this Code or a similar
5    provision of a local ordinance committed by a person under
6    the age of 21 years shall be forwarded to the Secretary of
7    State.
8        (5) Reports of conviction under this Code and
9    sentencing hearings under the Juvenile Court Act of 1987 in
10    an electronic format or a computer processible medium shall
11    be forwarded to the Secretary of State via the Supreme
12    Court in the form and format required by the Illinois
13    Supreme Court and established by a written agreement
14    between the Supreme Court and the Secretary of State. In
15    counties with a population over 300,000, instead of
16    forwarding reports to the Supreme Court, reports of
17    conviction under this Code and sentencing hearings under
18    the Juvenile Court Act of 1987 in an electronic format or a
19    computer processible medium may be forwarded to the
20    Secretary of State by the Circuit Court Clerk in a form and
21    format required by the Secretary of State and established
22    by written agreement between the Circuit Court Clerk and
23    the Secretary of State. Failure to forward the reports of
24    conviction or sentencing hearing under the Juvenile Court
25    Act of 1987 as required by this Section shall be deemed an
26    omission of duty and it shall be the duty of the several

 

 

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1    State's Attorneys to enforce the requirements of this
2    Section.
3    (b) Whenever a restricted driving permit is forwarded to a
4court, as a result of confiscation by a police officer pursuant
5to the authority in Section 6-113(f), it shall be the duty of
6the clerk, or judge, if the court has no clerk, to forward such
7restricted driving permit and a facsimile of the officer's
8citation to the Secretary of State as expeditiously as
9practicable.
10    (c) For the purposes of this Code, a forfeiture of bail or
11collateral deposited to secure a defendant's appearance in
12court when forfeiture has not been vacated, or the failure of a
13defendant to appear for trial after depositing his driver's
14license in lieu of other bail, shall be equivalent to a
15conviction.
16    (d) For the purpose of providing the Secretary of State
17with records necessary to properly monitor and assess driver
18performance and assist the courts in the proper disposition of
19repeat traffic law offenders, the clerk of the court shall
20forward to the Secretary of State, on a form prescribed by the
21Secretary, records of a driver's participation in a driver
22remedial or rehabilitative program which was required, through
23a court order or court supervision, in relation to the driver's
24arrest for a violation of Section 11-501 of this Code or a
25similar provision of a local ordinance. The clerk of the court
26shall also forward to the Secretary, either on paper or in an

 

 

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1electronic format or a computer processible medium as required
2under paragraph (5) of subsection (a) of this Section, any
3disposition of court supervision for any traffic violation,
4excluding those offenses listed in paragraph (2) of subsection
5(a) of this Section. These reports shall be sent within 5 days
6after disposition, or, if the driver is referred to a driver
7remedial or rehabilitative program, within 5 days of the
8driver's referral to that program. These reports received by
9the Secretary of State, including those required to be
10forwarded under paragraph (a)(4), shall be privileged
11information, available only (i) to the affected driver, (ii) to
12the parent or guardian of a person under the age of 18 years
13holding an instruction permit or a graduated driver's license,
14and (iii) for use by the courts, police officers, prosecuting
15authorities, the Secretary of State, and the driver licensing
16administrator of any other state. In accordance with 49 C.F.R.
17Part 384, all reports of court supervision, except violations
18related to parking, shall be forwarded to the Secretary of
19State for all holders of a CLP or CDL or any driver who commits
20an offense while driving a commercial motor vehicle. These
21reports shall be recorded to the driver's record as a
22conviction for use in the disqualification of the driver's
23commercial motor vehicle privileges and shall not be privileged
24information.
25(Source: P.A. 100-74, eff. 8-11-17.)
 

 

 

10000SB2411sam001- 20 -LRB100 17944 LNS 38924 a

1    (625 ILCS 5/6-205)
2    Sec. 6-205. Mandatory revocation of license or permit;
3hardship cases.
4    (a) Except as provided in this Section, the Secretary of
5State shall immediately revoke the license, permit, or driving
6privileges of any driver upon receiving a report of the
7driver's conviction of any of the following offenses:
8        1. Reckless homicide resulting from the operation of a
9    motor vehicle;
10        2. Violation of Section 11-501 of this Code or a
11    similar provision of a local ordinance relating to the
12    offense of operating or being in physical control of a
13    vehicle while under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds, or any
15    combination thereof;
16        3. Any felony under the laws of any State or the
17    federal government in the commission of which a motor
18    vehicle was used;
19        4. Violation of Section 11-401 of this Code relating to
20    the offense of leaving the scene of a traffic accident
21    involving death or personal injury;
22        5. Perjury or the making of a false affidavit or
23    statement under oath to the Secretary of State under this
24    Code or under any other law relating to the ownership or
25    operation of motor vehicles;
26        6. Conviction upon 3 charges of violation of Section

 

 

10000SB2411sam001- 21 -LRB100 17944 LNS 38924 a

1    11-503 of this Code relating to the offense of reckless
2    driving committed within a period of 12 months;
3        7. Conviction of any offense defined in Section 4-102
4    of this Code if the person exercised actual physical
5    control over the vehicle during the commission of the
6    offense;
7        8. Violation of Section 11-504 of this Code relating to
8    the offense of drag racing;
9        9. Violation of Chapters 8 and 9 of this Code;
10        10. Violation of Section 12-5 of the Criminal Code of
11    1961 or the Criminal Code of 2012 arising from the use of a
12    motor vehicle;
13        11. Violation of Section 11-204.1 of this Code relating
14    to aggravated fleeing or attempting to elude a peace
15    officer;
16        12. Violation of paragraph (1) of subsection (b) of
17    Section 6-507, or a similar law of any other state,
18    relating to the unlawful operation of a commercial motor
19    vehicle;
20        13. Violation of paragraph (a) of Section 11-502 of
21    this Code or a similar provision of a local ordinance if
22    the driver has been previously convicted of a violation of
23    that Section or a similar provision of a local ordinance
24    and the driver was less than 21 years of age at the time of
25    the offense;
26        14. Violation of paragraph (a) of Section 11-506 of

 

 

10000SB2411sam001- 22 -LRB100 17944 LNS 38924 a

1    this Code or a similar provision of a local ordinance
2    relating to the offense of street racing;
3        15. A second or subsequent conviction of driving while
4    the person's driver's license, permit or privileges was
5    revoked for reckless homicide or a similar out-of-state
6    offense;
7        16. Any offense against any provision in this Code, or
8    any local ordinance, regulating the movement of traffic
9    when that offense was the proximate cause of the death of
10    any person. Any person whose driving privileges have been
11    revoked pursuant to this paragraph may seek to have the
12    revocation terminated or to have the length of revocation
13    reduced by requesting an administrative hearing with the
14    Secretary of State prior to the projected driver's license
15    application eligibility date;
16        17. Violation of subsection (a-2) of Section 11-1301.3
17    of this Code or a similar provision of a local ordinance;
18        18. A second or subsequent conviction of illegal
19    possession, while operating or in actual physical control,
20    as a driver, of a motor vehicle, of any controlled
21    substance prohibited under the Illinois Controlled
22    Substances Act, any cannabis prohibited under the Cannabis
23    Control Act, or any methamphetamine prohibited under the
24    Methamphetamine Control and Community Protection Act. A
25    defendant found guilty of this offense while operating a
26    motor vehicle shall have an entry made in the court record

 

 

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1    by the presiding judge that this offense did occur while
2    the defendant was operating a motor vehicle and order the
3    clerk of the court to report the violation to the Secretary
4    of State;
5        19. Violation of subsection (a) of Section 11-1414 of
6    this Code, or a similar provision of a local ordinance,
7    relating to the offense of overtaking or passing of a
8    school bus when the driver, in committing the violation, is
9    involved in a motor vehicle accident that results in death
10    to another and the violation is a proximate cause of the
11    death.
12    (b) The Secretary of State shall also immediately revoke
13the license or permit of any driver in the following
14situations:
15        1. Of any minor upon receiving the notice provided for
16    in Section 5-901 of the Juvenile Court Act of 1987 that the
17    minor has been adjudicated under that Act as having
18    committed an offense relating to motor vehicles prescribed
19    in Section 4-103 of this Code;
20        2. Of any person when any other law of this State
21    requires either the revocation or suspension of a license
22    or permit;
23        3. Of any person adjudicated under the Juvenile Court
24    Act of 1987 based on an offense determined to have been
25    committed in furtherance of the criminal activities of an
26    organized gang as provided in Section 5-710 of that Act,

 

 

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1    and that involved the operation or use of a motor vehicle
2    or the use of a driver's license or permit. The revocation
3    shall remain in effect for the period determined by the
4    court.
5    (c)(1) Whenever a person is convicted of any of the
6offenses enumerated in this Section, the court may recommend
7and the Secretary of State in his discretion, without regard to
8whether the recommendation is made by the court may, upon
9application, issue to the person a restricted driving permit
10granting the privilege of driving a motor vehicle between the
11petitioner's residence and petitioner's place of employment or
12within the scope of the petitioner's employment related duties,
13or to allow the petitioner to transport himself or herself or a
14family member of the petitioner's household to a medical
15facility for the receipt of necessary medical care or to allow
16the petitioner to transport himself or herself to and from
17alcohol or drug remedial or rehabilitative activity
18recommended by a licensed service provider, or to allow the
19petitioner to transport himself or herself or a family member
20of the petitioner's household to classes, as a student, at an
21accredited educational institution, or to allow the petitioner
22to transport children, elderly persons, or persons with
23disabilities who do not hold driving privileges and are living
24in the petitioner's household to and from daycare; if the
25petitioner is able to demonstrate that no alternative means of
26transportation is reasonably available and that the petitioner

 

 

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1will not endanger the public safety or welfare; provided that
2the Secretary's discretion shall be limited to cases where
3undue hardship, as defined by the rules of the Secretary of
4State, would result from a failure to issue the restricted
5driving permit.
6    (1.5) A person subject to the provisions of paragraph 4 of
7subsection (b) of Section 6-208 of this Code may make
8application for a restricted driving permit at a hearing
9conducted under Section 2-118 of this Code after the expiration
10of 5 years from the effective date of the most recent
11revocation, or after 5 years from the date of release from a
12period of imprisonment resulting from a conviction of the most
13recent offense, whichever is later, provided the person, in
14addition to all other requirements of the Secretary, shows by
15clear and convincing evidence:
16        (A) a minimum of 3 years of uninterrupted abstinence
17    from alcohol and the unlawful use or consumption of
18    cannabis under the Cannabis Control Act, a controlled
19    substance under the Illinois Controlled Substances Act, an
20    intoxicating compound under the Use of Intoxicating
21    Compounds Act, or methamphetamine under the
22    Methamphetamine Control and Community Protection Act; and
23        (B) the successful completion of any rehabilitative
24    treatment and involvement in any ongoing rehabilitative
25    activity that may be recommended by a properly licensed
26    service provider according to an assessment of the person's

 

 

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1    alcohol or drug use under Section 11-501.01 of this Code.
2    In determining whether an applicant is eligible for a
3restricted driving permit under this paragraph (1.5), the
4Secretary may consider any relevant evidence, including, but
5not limited to, testimony, affidavits, records, and the results
6of regular alcohol or drug tests. Persons subject to the
7provisions of paragraph 4 of subsection (b) of Section 6-208 of
8this Code and who have been convicted of more than one
9violation of paragraph (3), paragraph (4), or paragraph (5) of
10subsection (a) of Section 11-501 of this Code shall not be
11eligible to apply for a restricted driving permit.
12    A restricted driving permit issued under this paragraph
13(1.5) shall provide that the holder may only operate motor
14vehicles equipped with an ignition interlock device as required
15under paragraph (2) of subsection (c) of this Section and
16subparagraph (A) of paragraph 3 of subsection (c) of Section
176-206 of this Code. The Secretary may revoke a restricted
18driving permit or amend the conditions of a restricted driving
19permit issued under this paragraph (1.5) if the holder operates
20a vehicle that is not equipped with an ignition interlock
21device, or for any other reason authorized under this Code.
22    A restricted driving permit issued under this paragraph
23(1.5) shall be revoked, and the holder barred from applying for
24or being issued a restricted driving permit in the future, if
25the holder is subsequently convicted of a violation of Section
2611-501 of this Code, a similar provision of a local ordinance,

 

 

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1or a similar offense in another state.
2    (2) If a person's license or permit is revoked or suspended
3due to 2 or more convictions of violating Section 11-501 of
4this Code or a similar provision of a local ordinance or a
5similar out-of-state offense, or Section 9-3 of the Criminal
6Code of 1961 or the Criminal Code of 2012, where the use of
7alcohol or other drugs is recited as an element of the offense,
8or a similar out-of-state offense, or a combination of these
9offenses, arising out of separate occurrences, that person, if
10issued a restricted driving permit, may not operate a vehicle
11unless it has been equipped with an ignition interlock device
12as defined in Section 1-129.1.
13    (3) If:
14        (A) a person's license or permit is revoked or
15    suspended 2 or more times due to any combination of:
16            (i) a single conviction of violating Section
17        11-501 of this Code or a similar provision of a local
18        ordinance or a similar out-of-state offense, or
19        Section 9-3 of the Criminal Code of 1961 or the
20        Criminal Code of 2012, where the use of alcohol or
21        other drugs is recited as an element of the offense, or
22        a similar out-of-state offense; or
23            (ii) a statutory summary suspension or revocation
24        under Section 11-501.1; or
25            (iii) a suspension pursuant to Section 6-203.1;
26    arising out of separate occurrences; or

 

 

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1        (B) a person has been convicted of one violation of
2    subparagraph (C) or (F) of paragraph (1) of subsection (d)
3    of Section 11-501 of this Code, Section 9-3 of the Criminal
4    Code of 1961 or the Criminal Code of 2012, relating to the
5    offense of reckless homicide where the use of alcohol or
6    other drugs was recited as an element of the offense, or a
7    similar provision of a law of another state;
8that person, if issued a restricted driving permit, may not
9operate a vehicle unless it has been equipped with an ignition
10interlock device as defined in Section 1-129.1.
11    (4) The person issued a permit conditioned on the use of an
12ignition interlock device must pay to the Secretary of State
13DUI Administration Fund an amount not to exceed $30 per month.
14The Secretary shall establish by rule the amount and the
15procedures, terms, and conditions relating to these fees.
16    (5) If the restricted driving permit is issued for
17employment purposes, then the prohibition against operating a
18motor vehicle that is not equipped with an ignition interlock
19device does not apply to the operation of an occupational
20vehicle owned or leased by that person's employer when used
21solely for employment purposes. For any person who, within a
225-year period, is convicted of a second or subsequent offense
23under Section 11-501 of this Code, or a similar provision of a
24local ordinance or similar out-of-state offense, this
25employment exemption does not apply until either a one-year
26period has elapsed during which that person had his or her

 

 

10000SB2411sam001- 29 -LRB100 17944 LNS 38924 a

1driving privileges revoked or a one-year period has elapsed
2during which that person had a restricted driving permit which
3required the use of an ignition interlock device on every motor
4vehicle owned or operated by that person.
5    (6) In each case the Secretary of State may issue a
6restricted driving permit for a period he deems appropriate,
7except that the permit shall expire within one year from the
8date of issuance. A restricted driving permit issued under this
9Section shall be subject to cancellation, revocation, and
10suspension by the Secretary of State in like manner and for
11like cause as a driver's license issued under this Code may be
12cancelled, revoked, or suspended; except that a conviction upon
13one or more offenses against laws or ordinances regulating the
14movement of traffic shall be deemed sufficient cause for the
15revocation, suspension, or cancellation of a restricted
16driving permit. The Secretary of State may, as a condition to
17the issuance of a restricted driving permit, require the
18petitioner to participate in a designated driver remedial or
19rehabilitative program. The Secretary of State is authorized to
20cancel a restricted driving permit if the permit holder does
21not successfully complete the program. However, if an
22individual's driving privileges have been revoked in
23accordance with paragraph 13 of subsection (a) of this Section,
24no restricted driving permit shall be issued until the
25individual has served 6 months of the revocation period.
26    (c-5) (Blank).

 

 

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1    (c-6) If a person is convicted of a second violation of
2operating a motor vehicle while the person's driver's license,
3permit or privilege was revoked, where the revocation was for a
4violation of Section 9-3 of the Criminal Code of 1961 or the
5Criminal Code of 2012 relating to the offense of reckless
6homicide or a similar out-of-state offense, the person's
7driving privileges shall be revoked pursuant to subdivision
8(a)(15) of this Section. The person may not make application
9for a license or permit until the expiration of five years from
10the effective date of the revocation or the expiration of five
11years from the date of release from a term of imprisonment,
12whichever is later.
13    (c-7) If a person is convicted of a third or subsequent
14violation of operating a motor vehicle while the person's
15driver's license, permit or privilege was revoked, where the
16revocation was for a violation of Section 9-3 of the Criminal
17Code of 1961 or the Criminal Code of 2012 relating to the
18offense of reckless homicide or a similar out-of-state offense,
19the person may never apply for a license or permit.
20    (d)(1) Whenever a person under the age of 21 is convicted
21under Section 11-501 of this Code or a similar provision of a
22local ordinance or a similar out-of-state offense, the
23Secretary of State shall revoke the driving privileges of that
24person. One year after the date of revocation, and upon
25application, the Secretary of State may, if satisfied that the
26person applying will not endanger the public safety or welfare,

 

 

10000SB2411sam001- 31 -LRB100 17944 LNS 38924 a

1issue a restricted driving permit granting the privilege of
2driving a motor vehicle only between the hours of 5 a.m. and 9
3p.m. or as otherwise provided by this Section for a period of
4one year. After this one-year period, and upon reapplication
5for a license as provided in Section 6-106, upon payment of the
6appropriate reinstatement fee provided under paragraph (b) of
7Section 6-118, the Secretary of State, in his discretion, may
8reinstate the petitioner's driver's license and driving
9privileges, or extend the restricted driving permit as many
10times as the Secretary of State deems appropriate, by
11additional periods of not more than 12 months each.
12        (2) If a person's license or permit is revoked or
13    suspended due to 2 or more convictions of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance or a similar out-of-state offense, or Section 9-3
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    where the use of alcohol or other drugs is recited as an
18    element of the offense, or a similar out-of-state offense,
19    or a combination of these offenses, arising out of separate
20    occurrences, that person, if issued a restricted driving
21    permit, may not operate a vehicle unless it has been
22    equipped with an ignition interlock device as defined in
23    Section 1-129.1.
24        (3) If a person's license or permit is revoked or
25    suspended 2 or more times due to any combination of:
26            (A) a single conviction of violating Section

 

 

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1        11-501 of this Code or a similar provision of a local
2        ordinance or a similar out-of-state offense, or
3        Section 9-3 of the Criminal Code of 1961 or the
4        Criminal Code of 2012, where the use of alcohol or
5        other drugs is recited as an element of the offense, or
6        a similar out-of-state offense; or
7            (B) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (C) a suspension pursuant to Section 6-203.1;
10    arising out of separate occurrences, that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (3.5) If a person's license or permit is revoked or
15    suspended due to a conviction for a violation of
16    subparagraph (C) or (F) of paragraph (1) of subsection (d)
17    of Section 11-501 of this Code, or a similar provision of a
18    local ordinance or similar out-of-state offense, that
19    person, if issued a restricted driving permit, may not
20    operate a vehicle unless it has been equipped with an
21    ignition interlock device as defined in Section 1-129.1.
22        (4) The person issued a permit conditioned upon the use
23    of an interlock device must pay to the Secretary of State
24    DUI Administration Fund an amount not to exceed $30 per
25    month. The Secretary shall establish by rule the amount and
26    the procedures, terms, and conditions relating to these

 

 

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1    fees.
2        (5) If the restricted driving permit is issued for
3    employment purposes, then the prohibition against driving
4    a vehicle that is not equipped with an ignition interlock
5    device does not apply to the operation of an occupational
6    vehicle owned or leased by that person's employer when used
7    solely for employment purposes. For any person who, within
8    a 5-year period, is convicted of a second or subsequent
9    offense under Section 11-501 of this Code, or a similar
10    provision of a local ordinance or similar out-of-state
11    offense, this employment exemption does not apply until
12    either a one-year period has elapsed during which that
13    person had his or her driving privileges revoked or a
14    one-year period has elapsed during which that person had a
15    restricted driving permit which required the use of an
16    ignition interlock device on every motor vehicle owned or
17    operated by that person.
18        (6) A restricted driving permit issued under this
19    Section shall be subject to cancellation, revocation, and
20    suspension by the Secretary of State in like manner and for
21    like cause as a driver's license issued under this Code may
22    be cancelled, revoked, or suspended; except that a
23    conviction upon one or more offenses against laws or
24    ordinances regulating the movement of traffic shall be
25    deemed sufficient cause for the revocation, suspension, or
26    cancellation of a restricted driving permit.

 

 

10000SB2411sam001- 34 -LRB100 17944 LNS 38924 a

1    (d-5) The revocation of the license, permit, or driving
2privileges of a person convicted of a third or subsequent
3violation of Section 6-303 of this Code committed while his or
4her driver's license, permit, or privilege was revoked because
5of a violation of Section 9-3 of the Criminal Code of 1961 or
6the Criminal Code of 2012, relating to the offense of reckless
7homicide, or a similar provision of a law of another state, is
8permanent. The Secretary may not, at any time, issue a license
9or permit to that person.
10    (e) This Section is subject to the provisions of the Driver
11License Compact.
12    (f) Any revocation imposed upon any person under
13subsections 2 and 3 of paragraph (b) that is in effect on
14December 31, 1988 shall be converted to a suspension for a like
15period of time.
16    (g) The Secretary of State shall not issue a restricted
17driving permit to a person under the age of 16 years whose
18driving privileges have been revoked under any provisions of
19this Code.
20    (h) The Secretary of State shall require the use of
21ignition interlock devices for a period not less than 5 years
22on all vehicles owned by a person who has been convicted of a
23second or subsequent offense under Section 11-501 of this Code
24or a similar provision of a local ordinance. The person must
25pay to the Secretary of State DUI Administration Fund an amount
26not to exceed $30 for each month that he or she uses the

 

 

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1device. The Secretary shall establish by rule and regulation
2the procedures for certification and use of the interlock
3system, the amount of the fee, and the procedures, terms, and
4conditions relating to these fees. During the time period in
5which a person is required to install an ignition interlock
6device under this subsection (h), that person shall only
7operate vehicles in which ignition interlock devices have been
8installed, except as allowed by subdivision (c)(5) or (d)(5) of
9this Section.
10    (i) (Blank).
11    (j) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been revoked, suspended,
15cancelled, or disqualified under any provisions of this Code.
16    (k) The Secretary of State shall notify by mail any person
17whose driving privileges have been revoked under paragraph 16
18of subsection (a) of this Section that his or her driving
19privileges and driver's license will be revoked 90 days from
20the date of the mailing of the notice.
21(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
2299-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
2399-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
24100-223, eff. 8-18-17.)
 
25    (625 ILCS 5/6-206)

 

 

10000SB2411sam001- 36 -LRB100 17944 LNS 38924 a

1    Sec. 6-206. Discretionary authority to suspend or revoke
2license or permit; right to a hearing.
3    (a) The Secretary of State is authorized to suspend or
4revoke the driving privileges of any person without preliminary
5hearing upon a showing of the person's records or other
6sufficient evidence that the person:
7        1. Has committed an offense for which mandatory
8    revocation of a driver's license or permit is required upon
9    conviction;
10        2. Has been convicted of not less than 3 offenses
11    against traffic regulations governing the movement of
12    vehicles committed within any 12 month period. No
13    revocation or suspension shall be entered more than 6
14    months after the date of last conviction;
15        3. Has been repeatedly involved as a driver in motor
16    vehicle collisions or has been repeatedly convicted of
17    offenses against laws and ordinances regulating the
18    movement of traffic, to a degree that indicates lack of
19    ability to exercise ordinary and reasonable care in the
20    safe operation of a motor vehicle or disrespect for the
21    traffic laws and the safety of other persons upon the
22    highway;
23        4. Has by the unlawful operation of a motor vehicle
24    caused or contributed to an accident resulting in injury
25    requiring immediate professional treatment in a medical
26    facility or doctor's office to any person, except that any

 

 

10000SB2411sam001- 37 -LRB100 17944 LNS 38924 a

1    suspension or revocation imposed by the Secretary of State
2    under the provisions of this subsection shall start no
3    later than 6 months after being convicted of violating a
4    law or ordinance regulating the movement of traffic, which
5    violation is related to the accident, or shall start not
6    more than one year after the date of the accident,
7    whichever date occurs later;
8        5. Has permitted an unlawful or fraudulent use of a
9    driver's license, identification card, or permit;
10        6. Has been lawfully convicted of an offense or
11    offenses in another state, including the authorization
12    contained in Section 6-203.1, which if committed within
13    this State would be grounds for suspension or revocation;
14        7. Has refused or failed to submit to an examination
15    provided for by Section 6-207 or has failed to pass the
16    examination;
17        8. Is ineligible for a driver's license or permit under
18    the provisions of Section 6-103;
19        9. Has made a false statement or knowingly concealed a
20    material fact or has used false information or
21    identification in any application for a license,
22    identification card, or permit;
23        10. Has possessed, displayed, or attempted to
24    fraudulently use any license, identification card, or
25    permit not issued to the person;
26        11. Has operated a motor vehicle upon a highway of this

 

 

10000SB2411sam001- 38 -LRB100 17944 LNS 38924 a

1    State when the person's driving privilege or privilege to
2    obtain a driver's license or permit was revoked or
3    suspended unless the operation was authorized by a
4    monitoring device driving permit, judicial driving permit
5    issued prior to January 1, 2009, probationary license to
6    drive, or a restricted driving permit issued under this
7    Code;
8        12. Has submitted to any portion of the application
9    process for another person or has obtained the services of
10    another person to submit to any portion of the application
11    process for the purpose of obtaining a license,
12    identification card, or permit for some other person;
13        13. Has operated a motor vehicle upon a highway of this
14    State when the person's driver's license or permit was
15    invalid under the provisions of Sections 6-107.1 and 6-110;
16        14. Has committed a violation of Section 6-301,
17    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
18    14B of the Illinois Identification Card Act;
19        15. Has been convicted of violating Section 21-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 relating
21    to criminal trespass to vehicles if the person exercised
22    actual physical control over the vehicle during the
23    commission of the offense, in which case, the suspension
24    shall be for one year;
25        16. Has been convicted of violating Section 11-204 of
26    this Code relating to fleeing from a peace officer;

 

 

10000SB2411sam001- 39 -LRB100 17944 LNS 38924 a

1        17. Has refused to submit to a test, or tests, as
2    required under Section 11-501.1 of this Code and the person
3    has not sought a hearing as provided for in Section
4    11-501.1;
5        18. (Blank); Has, since issuance of a driver's license
6    or permit, been adjudged to be afflicted with or suffering
7    from any mental disability or disease;
8        19. Has committed a violation of paragraph (a) or (b)
9    of Section 6-101 relating to driving without a driver's
10    license;
11        20. Has been convicted of violating Section 6-104
12    relating to classification of driver's license;
13        21. Has been convicted of violating Section 11-402 of
14    this Code relating to leaving the scene of an accident
15    resulting in damage to a vehicle in excess of $1,000, in
16    which case the suspension shall be for one year;
17        22. Has used a motor vehicle in violating paragraph
18    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
19    the Criminal Code of 1961 or the Criminal Code of 2012
20    relating to unlawful use of weapons, in which case the
21    suspension shall be for one year;
22        23. Has, as a driver, been convicted of committing a
23    violation of paragraph (a) of Section 11-502 of this Code
24    for a second or subsequent time within one year of a
25    similar violation;
26        24. Has been convicted by a court-martial or punished

 

 

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1    by non-judicial punishment by military authorities of the
2    United States at a military installation in Illinois or in
3    another state of or for a traffic related offense that is
4    the same as or similar to an offense specified under
5    Section 6-205 or 6-206 of this Code;
6        25. Has permitted any form of identification to be used
7    by another in the application process in order to obtain or
8    attempt to obtain a license, identification card, or
9    permit;
10        26. Has altered or attempted to alter a license or has
11    possessed an altered license, identification card, or
12    permit;
13        27. (Blank); Has violated Section 6-16 of the Liquor
14    Control Act of 1934;
15        28. Has been convicted for a first time of the illegal
16    possession, while operating or in actual physical control,
17    as a driver, of a motor vehicle, of any controlled
18    substance prohibited under the Illinois Controlled
19    Substances Act, any cannabis prohibited under the Cannabis
20    Control Act, or any methamphetamine prohibited under the
21    Methamphetamine Control and Community Protection Act, in
22    which case the person's driving privileges shall be
23    suspended for one year. Any defendant found guilty of this
24    offense while operating a motor vehicle, shall have an
25    entry made in the court record by the presiding judge that
26    this offense did occur while the defendant was operating a

 

 

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1    motor vehicle and order the clerk of the court to report
2    the violation to the Secretary of State;
3        29. Has been convicted of the following offenses that
4    were committed while the person was operating or in actual
5    physical control, as a driver, of a motor vehicle: criminal
6    sexual assault, predatory criminal sexual assault of a
7    child, aggravated criminal sexual assault, criminal sexual
8    abuse, aggravated criminal sexual abuse, juvenile pimping,
9    soliciting for a juvenile prostitute, promoting juvenile
10    prostitution as described in subdivision (a)(1), (a)(2),
11    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
12    or the Criminal Code of 2012, and the manufacture, sale or
13    delivery of controlled substances or instruments used for
14    illegal drug use or abuse in which case the driver's
15    driving privileges shall be suspended for one year;
16        30. Has been convicted a second or subsequent time for
17    any combination of the offenses named in paragraph 29 of
18    this subsection, in which case the person's driving
19    privileges shall be suspended for 5 years;
20        31. Has refused to submit to a test as required by
21    Section 11-501.6 of this Code or Section 5-16c of the Boat
22    Registration and Safety Act or has submitted to a test
23    resulting in an alcohol concentration of 0.08 or more or
24    any amount of a drug, substance, or compound resulting from
25    the unlawful use or consumption of cannabis as listed in
26    the Cannabis Control Act, a controlled substance as listed

 

 

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1    in the Illinois Controlled Substances Act, an intoxicating
2    compound as listed in the Use of Intoxicating Compounds
3    Act, or methamphetamine as listed in the Methamphetamine
4    Control and Community Protection Act, in which case the
5    penalty shall be as prescribed in Section 6-208.1;
6        32. Has been convicted of Section 24-1.2 of the
7    Criminal Code of 1961 or the Criminal Code of 2012 relating
8    to the aggravated discharge of a firearm if the offender
9    was located in a motor vehicle at the time the firearm was
10    discharged, in which case the suspension shall be for 3
11    years;
12        33. Has as a driver, who was less than 21 years of age
13    on the date of the offense, been convicted a first time of
14    a violation of paragraph (a) of Section 11-502 of this Code
15    or a similar provision of a local ordinance;
16        34. Has committed a violation of Section 11-1301.5 of
17    this Code or a similar provision of a local ordinance;
18        35. Has committed a violation of Section 11-1301.6 of
19    this Code or a similar provision of a local ordinance;
20        36. Is under the age of 21 years at the time of arrest
21    and has been convicted of not less than 2 offenses against
22    traffic regulations governing the movement of vehicles
23    committed within any 24 month period. No revocation or
24    suspension shall be entered more than 6 months after the
25    date of last conviction;
26        37. Has committed a violation of subsection (c) of

 

 

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1    Section 11-907 of this Code that resulted in damage to the
2    property of another or the death or injury of another;
3        38. (Blank); Has been convicted of a violation of
4    Section 6-20 of the Liquor Control Act of 1934 or a similar
5    provision of a local ordinance;
6        39. Has committed a second or subsequent violation of
7    Section 11-1201 of this Code;
8        40. Has committed a violation of subsection (a-1) of
9    Section 11-908 of this Code;
10        41. Has committed a second or subsequent violation of
11    Section 11-605.1 of this Code, a similar provision of a
12    local ordinance, or a similar violation in any other state
13    within 2 years of the date of the previous violation, in
14    which case the suspension shall be for 90 days;
15        42. Has committed a violation of subsection (a-1) of
16    Section 11-1301.3 of this Code or a similar provision of a
17    local ordinance;
18        43. Has received a disposition of court supervision for
19    a violation of subsection (a), (d), or (e) of Section 6-20
20    of the Liquor Control Act of 1934 or a similar provision of
21    a local ordinance and the person was an occupant of a motor
22    vehicle at the time of the violation, in which case the
23    suspension shall be for a period of 3 months;
24        44. Is under the age of 21 years at the time of arrest
25    and has been convicted of an offense against traffic
26    regulations governing the movement of vehicles after

 

 

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1    having previously had his or her driving privileges
2    suspended or revoked pursuant to subparagraph 36 of this
3    Section;
4        45. Has, in connection with or during the course of a
5    formal hearing conducted under Section 2-118 of this Code:
6    (i) committed perjury; (ii) submitted fraudulent or
7    falsified documents; (iii) submitted documents that have
8    been materially altered; or (iv) submitted, as his or her
9    own, documents that were in fact prepared or composed for
10    another person;
11        46. Has committed a violation of subsection (j) of
12    Section 3-413 of this Code;
13        47. Has committed a violation of subsection (a) of
14    Section 11-502.1 of this Code; or
15        48. Has submitted a falsified or altered medical
16    examiner's certificate to the Secretary of State or
17    provided false information to obtain a medical examiner's
18    certificate.
19    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
20and 27 of this subsection, license means any driver's license,
21any traffic ticket issued when the person's driver's license is
22deposited in lieu of bail, a suspension notice issued by the
23Secretary of State, a duplicate or corrected driver's license,
24a probationary driver's license or a temporary driver's
25license.
26    (b) If any conviction forming the basis of a suspension or

 

 

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1revocation authorized under this Section is appealed, the
2Secretary of State may rescind or withhold the entry of the
3order of suspension or revocation, as the case may be, provided
4that a certified copy of a stay order of a court is filed with
5the Secretary of State. If the conviction is affirmed on
6appeal, the date of the conviction shall relate back to the
7time the original judgment of conviction was entered and the 6
8month limitation prescribed shall not apply.
9    (c) 1. Upon suspending or revoking the driver's license or
10permit of any person as authorized in this Section, the
11Secretary of State shall immediately notify the person in
12writing of the revocation or suspension. The notice to be
13deposited in the United States mail, postage prepaid, to the
14last known address of the person.
15    2. If the Secretary of State suspends the driver's license
16of a person under subsection 2 of paragraph (a) of this
17Section, a person's privilege to operate a vehicle as an
18occupation shall not be suspended, provided an affidavit is
19properly completed, the appropriate fee received, and a permit
20issued prior to the effective date of the suspension, unless 5
21offenses were committed, at least 2 of which occurred while
22operating a commercial vehicle in connection with the driver's
23regular occupation. All other driving privileges shall be
24suspended by the Secretary of State. Any driver prior to
25operating a vehicle for occupational purposes only must submit
26the affidavit on forms to be provided by the Secretary of State

 

 

10000SB2411sam001- 46 -LRB100 17944 LNS 38924 a

1setting forth the facts of the person's occupation. The
2affidavit shall also state the number of offenses committed
3while operating a vehicle in connection with the driver's
4regular occupation. The affidavit shall be accompanied by the
5driver's license. Upon receipt of a properly completed
6affidavit, the Secretary of State shall issue the driver a
7permit to operate a vehicle in connection with the driver's
8regular occupation only. Unless the permit is issued by the
9Secretary of State prior to the date of suspension, the
10privilege to drive any motor vehicle shall be suspended as set
11forth in the notice that was mailed under this Section. If an
12affidavit is received subsequent to the effective date of this
13suspension, a permit may be issued for the remainder of the
14suspension period.
15    The provisions of this subparagraph shall not apply to any
16driver required to possess a CDL for the purpose of operating a
17commercial motor vehicle.
18    Any person who falsely states any fact in the affidavit
19required herein shall be guilty of perjury under Section 6-302
20and upon conviction thereof shall have all driving privileges
21revoked without further rights.
22    3. At the conclusion of a hearing under Section 2-118 of
23this Code, the Secretary of State shall either rescind or
24continue an order of revocation or shall substitute an order of
25suspension; or, good cause appearing therefor, rescind,
26continue, change, or extend the order of suspension. If the

 

 

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1Secretary of State does not rescind the order, the Secretary
2may upon application, to relieve undue hardship (as defined by
3the rules of the Secretary of State), issue a restricted
4driving permit granting the privilege of driving a motor
5vehicle between the petitioner's residence and petitioner's
6place of employment or within the scope of the petitioner's
7employment related duties, or to allow the petitioner to
8transport himself or herself, or a family member of the
9petitioner's household to a medical facility, to receive
10necessary medical care, to allow the petitioner to transport
11himself or herself to and from alcohol or drug remedial or
12rehabilitative activity recommended by a licensed service
13provider, or to allow the petitioner to transport himself or
14herself or a family member of the petitioner's household to
15classes, as a student, at an accredited educational
16institution, or to allow the petitioner to transport children,
17elderly persons, or persons with disabilities who do not hold
18driving privileges and are living in the petitioner's household
19to and from daycare. The petitioner must demonstrate that no
20alternative means of transportation is reasonably available
21and that the petitioner will not endanger the public safety or
22welfare.
23        (A) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions 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 9-3

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    where the use of alcohol or other drugs is recited as an
3    element of the offense, or a similar out-of-state offense,
4    or a combination of these offenses, arising out of separate
5    occurrences, that person, if issued a restricted driving
6    permit, may not operate a vehicle unless it has been
7    equipped with an ignition interlock device as defined in
8    Section 1-129.1.
9        (B) If a person's license or permit is revoked or
10    suspended 2 or more times due to any combination of:
11            (i) a single conviction 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
14        9-3 of the Criminal Code of 1961 or the Criminal Code
15        of 2012, where the use of alcohol or other drugs is
16        recited as an element of the offense, or a similar
17        out-of-state offense; or
18            (ii) a statutory summary suspension or revocation
19        under Section 11-501.1; or
20            (iii) a suspension under Section 6-203.1;
21    arising out of separate occurrences; that person, if issued
22    a restricted driving permit, may not operate a vehicle
23    unless it has been equipped with an ignition interlock
24    device as defined in Section 1-129.1.
25        (B-5) If a person's license or permit is revoked or
26    suspended due to a conviction for a violation of

 

 

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1    subparagraph (C) or (F) of paragraph (1) of subsection (d)
2    of Section 11-501 of this Code, or a similar provision of a
3    local ordinance or similar out-of-state offense, that
4    person, if issued a restricted driving permit, may not
5    operate a vehicle unless it has been equipped with an
6    ignition interlock device as defined in Section 1-129.1.
7        (C) The person issued a permit conditioned upon the use
8    of an ignition interlock device must pay to the Secretary
9    of State DUI Administration Fund an amount not to exceed
10    $30 per month. The Secretary shall establish by rule the
11    amount and the procedures, terms, and conditions relating
12    to these fees.
13        (D) If the restricted driving permit is issued for
14    employment purposes, then the prohibition against
15    operating a motor vehicle that is not equipped with an
16    ignition interlock device does not apply to the operation
17    of an occupational vehicle owned or leased by that person's
18    employer when used solely for employment purposes. For any
19    person who, within a 5-year period, is convicted of a
20    second or subsequent offense under Section 11-501 of this
21    Code, or a similar provision of a local ordinance or
22    similar out-of-state offense, this employment exemption
23    does not apply until either a one-year period has elapsed
24    during which that person had his or her driving privileges
25    revoked or a one-year period has elapsed during which that
26    person had a restricted driving permit which required the

 

 

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1    use of an ignition interlock device on every motor vehicle
2    owned or operated by that person.
3        (E) In each case the Secretary may issue a restricted
4    driving permit for a period deemed appropriate, except that
5    all permits shall expire within one year from the date of
6    issuance. A restricted driving permit issued under this
7    Section shall be subject to cancellation, revocation, and
8    suspension by the Secretary of State in like manner and for
9    like cause as a driver's license issued under this Code may
10    be cancelled, revoked, or suspended; except that a
11    conviction upon one or more offenses against laws or
12    ordinances regulating the movement of traffic shall be
13    deemed sufficient cause for the revocation, suspension, or
14    cancellation of a restricted driving permit. The Secretary
15    of State may, as a condition to the issuance of a
16    restricted driving permit, require the applicant to
17    participate in a designated driver remedial or
18    rehabilitative program. The Secretary of State is
19    authorized to cancel a restricted driving permit if the
20    permit holder does not successfully complete the program.
21        (F) A person subject to the provisions of paragraph 4
22    of 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
25    expiration of 5 years from the effective date of the most
26    recent revocation or after 5 years from the date of release

 

 

10000SB2411sam001- 51 -LRB100 17944 LNS 38924 a

1    from a period of imprisonment resulting from a conviction
2    of the most recent offense, whichever is later, provided
3    the person, in addition to all other requirements of the
4    Secretary, shows by clear and convincing evidence:
5            (i) a minimum of 3 years of uninterrupted
6        abstinence from alcohol and the unlawful use or
7        consumption of cannabis under the Cannabis Control
8        Act, a controlled substance under the Illinois
9        Controlled Substances Act, an intoxicating compound
10        under the Use of Intoxicating Compounds Act, or
11        methamphetamine under the Methamphetamine Control and
12        Community Protection Act; and
13            (ii) the successful completion of any
14        rehabilitative treatment and involvement in any
15        ongoing rehabilitative activity that may be
16        recommended by a properly licensed service provider
17        according to an assessment of the person's alcohol or
18        drug use under Section 11-501.01 of this Code.
19        In determining whether an applicant is eligible for a
20    restricted driving permit under this subparagraph (F), the
21    Secretary may consider any relevant evidence, including,
22    but not limited to, testimony, affidavits, records, and the
23    results of regular alcohol or drug tests. Persons subject
24    to the provisions of paragraph 4 of subsection (b) of
25    Section 6-208 of this Code and who have been convicted of
26    more than one violation of paragraph (3), paragraph (4), or

 

 

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1    paragraph (5) of subsection (a) of Section 11-501 of this
2    Code shall not be eligible to apply for a restricted
3    driving permit under this subparagraph (F).
4        A restricted driving permit issued under this
5    subparagraph (F) shall provide that the holder may only
6    operate motor vehicles equipped with an ignition interlock
7    device as required under paragraph (2) of subsection (c) of
8    Section 6-205 of this Code and subparagraph (A) of
9    paragraph 3 of subsection (c) of this Section. The
10    Secretary may revoke a restricted driving permit or amend
11    the conditions of a restricted driving permit issued under
12    this subparagraph (F) if the holder operates a vehicle that
13    is not equipped with an ignition interlock device, or for
14    any other reason authorized under this Code.
15        A restricted driving permit issued under this
16    subparagraph (F) shall be revoked, and the holder barred
17    from applying for or being issued a restricted driving
18    permit in the future, if the holder is convicted of a
19    violation of Section 11-501 of this Code, a similar
20    provision of a local ordinance, or a similar offense in
21    another state.
22    (c-3) In the case of a suspension under paragraph 43 of
23subsection (a), reports received by the Secretary of State
24under this Section shall, except during the actual time the
25suspension is in effect, be privileged information and for use
26only by the courts, police officers, prosecuting authorities,

 

 

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1the driver licensing administrator of any other state, the
2Secretary of State, or the parent or legal guardian of a driver
3under the age of 18. However, beginning January 1, 2008, if the
4person is a CDL holder, the suspension shall also be made
5available to the driver licensing administrator of any other
6state, the U.S. Department of Transportation, and the affected
7driver or motor carrier or prospective motor carrier upon
8request.
9    (c-4) In the case of a suspension under paragraph 43 of
10subsection (a), the Secretary of State shall notify the person
11by mail that his or her driving privileges and driver's license
12will be suspended one month after the date of the mailing of
13the notice.
14    (c-5) The Secretary of State may, as a condition of the
15reissuance of a driver's license or permit to an applicant
16whose driver's license or permit has been suspended before he
17or she reached the age of 21 years pursuant to any of the
18provisions of this Section, require the applicant to
19participate in a driver remedial education course and be
20retested under Section 6-109 of this Code.
21    (d) This Section is subject to the provisions of the
22Drivers License Compact.
23    (e) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been suspended or revoked under any
26provisions of this Code.

 

 

10000SB2411sam001- 54 -LRB100 17944 LNS 38924 a

1    (f) In accordance with 49 C.F.R. 384, the Secretary of
2State may not issue a restricted driving permit for the
3operation of a commercial motor vehicle to a person holding a
4CDL whose driving privileges have been suspended, revoked,
5cancelled, or disqualified under any provisions of this Code.
6(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
7eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
899-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
999-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
10    (625 ILCS 5/6-209.1 new)
11    Sec. 6-209.1. Restoration of driving privileges;
12suspension; cancellation. The Secretary shall rescind the
13suspension or cancellation of a person's driver's license that
14has been suspended or cancelled prior to the effective date of
15this amendatory Act of the 100th General Assembly due to:
16    (1) a conviction of theft of motor fuel under Section 16-25
17or 16K-15 of the Criminal Code of 1961 or the Criminal Code of
182012;
19    (2) the person, since the issuance of the driver's license,
20being adjudged to be afflicted with or suffering from any
21mental disability or disease;
22    (3) a violation of Section 6-16 or 6-20 of the Liquor
23Control Act of 1934 or a similar provision of a local
24ordinance;
25    (4) the person receiving a disposition of court supervision

 

 

10000SB2411sam001- 55 -LRB100 17944 LNS 38924 a

1for a violation of subsection (a), (b), or (c) of Section 6-20
2of the Liquor Control Act of 1934 or a similar provision of a
3local ordinance;
4    (5) a violation of subsection (j) of Section 3-413 of this
5Code;
6    (6) the person failing to pay any fine or penalty due or
7owing as a result of 10 or more violations of a municipality's
8or county's vehicular standing, parking, or compliance
9regulations established by ordinance under Section 11-208.3 of
10this Code;
11    (7) the person failing to satisfy any fine or penalty
12resulting from a final order issued by the Authority relating
13directly or indirectly to 5 or more toll violations, toll
14evasions, or both; or
15    (8) a conviction of a sex offense as defined in the Sex
16Offender Registration Act.
 
17    (625 ILCS 5/6-213 new)
18    Sec. 6-213. Rescinding suspension. A person whose driver's
19license was suspended under Section 6-205.2 of this Code,
20paragraphs (18), (27), (38), (43) or (46) of subsection (a) of
21Section 6-206 of this Code, Section 6-306.5 of this Code
22relating to 10 or more unpaid vehicular standing, parking, or
23compliance regulations, or Section 6-306.7 of this Code before
24the effective date of this amendatory Act of the 100th General
25Assembly and remains suspended shall have his or her driver's

 

 

10000SB2411sam001- 56 -LRB100 17944 LNS 38924 a

1license suspension rescinded.
 
2    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
3    Sec. 6-306.5. Failure to pay fine or penalty for standing,
4parking, compliance, automated speed enforcement system, or
5automated traffic law violations; suspension of driving
6privileges.
7    (a) Upon receipt of a certified report, as prescribed by
8subsection (c) of this Section, from any municipality or county
9stating that the owner of a registered vehicle: (1) has failed
10to pay any fine or penalty due and owing as a result of 10 or
11more violations of a municipality's or county's vehicular
12standing, parking, or compliance regulations established by
13ordinance pursuant to Section 11-208.3 of this Code, (2) has
14failed to pay any fine or penalty due and owing as a result of 5
15offenses for automated speed enforcement system violations or
16automated traffic violations as defined in Sections 11-208.6,
1711-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
18(3) is more than 14 days in default of a payment plan pursuant
19to which a suspension had been terminated under subsection (c)
20of this Section, the Secretary of State shall suspend the
21driving privileges of such person in accordance with the
22procedures set forth in this Section. The Secretary shall also
23suspend the driving privileges of an owner of a registered
24vehicle upon receipt of a certified report, as prescribed by
25subsection (f) of this Section, from any municipality or county

 

 

10000SB2411sam001- 57 -LRB100 17944 LNS 38924 a

1stating that such person has failed to satisfy any fines or
2penalties imposed by final judgments for 5 or more automated
3speed enforcement system or automated traffic law violations,
4or combination thereof, or 10 or more violations of local
5standing, parking, or compliance regulations after exhaustion
6of judicial review procedures.
7    (b) Following receipt of the certified report of the
8municipality or county as specified in this Section, the
9Secretary of State shall notify the person whose name appears
10on the certified report that the person's drivers license will
11be suspended at the end of a specified period of time unless
12the Secretary of State is presented with a notice from the
13municipality or county certifying that the fine or penalty due
14and owing the municipality or county has been paid or that
15inclusion of that person's name on the certified report was in
16error. The Secretary's notice shall state in substance the
17information contained in the municipality's or county's
18certified report to the Secretary, and shall be effective as
19specified by subsection (c) of Section 6-211 of this Code.
20    (c) The report of the appropriate municipal or county
21official notifying the Secretary of State of unpaid fines or
22penalties pursuant to this Section shall be certified and shall
23contain the following:
24        (1) The name, last known address as recorded with the
25    Secretary of State, as provided by the lessor of the cited
26    vehicle at the time of lease, or as recorded in a United

 

 

10000SB2411sam001- 58 -LRB100 17944 LNS 38924 a

1    States Post Office approved database if any notice sent
2    under Section 11-208.3 of this Code is returned as
3    undeliverable, and drivers license number of the person who
4    failed to pay the fine or penalty or who has defaulted in a
5    payment plan and the registration number of any vehicle
6    known to be registered to such person in this State.
7        (2) The name of the municipality or county making the
8    report pursuant to this Section.
9        (3) A statement that the municipality or county sent a
10    notice of impending drivers license suspension as
11    prescribed by ordinance enacted pursuant to Section
12    11-208.3 of this Code or a notice of default in a payment
13    plan, to the person named in the report at the address
14    recorded with the Secretary of State or at the last address
15    known to the lessor of the cited vehicle at the time of
16    lease or, if any notice sent under Section 11-208.3 of this
17    Code is returned as undeliverable, at the last known
18    address recorded in a United States Post Office approved
19    database; the date on which such notice was sent; and the
20    address to which such notice was sent. In a municipality or
21    county with a population of 1,000,000 or more, the report
22    shall also include a statement that the alleged violator's
23    State vehicle registration number and vehicle make, if
24    specified on the automated speed enforcement system
25    violation or automated traffic law violation notice, are
26    correct as they appear on the citations.

 

 

10000SB2411sam001- 59 -LRB100 17944 LNS 38924 a

1        (4) A unique identifying reference number for each
2    request of suspension sent whenever a person has failed to
3    pay the fine or penalty or has defaulted on a payment plan.
4    (d) Any municipality or county making a certified report to
5the Secretary of State pursuant to this Section shall notify
6the Secretary of State, in a form prescribed by the Secretary,
7whenever a person named in the certified report has paid the
8previously reported fine or penalty, whenever a person named in
9the certified report has entered into a payment plan pursuant
10to which the municipality or county has agreed to terminate the
11suspension, or whenever the municipality or county determines
12that the original report was in error. A certified copy of such
13notification shall also be given upon request and at no
14additional charge to the person named therein. Upon receipt of
15the municipality's or county's notification or presentation of
16a certified copy of such notification, the Secretary of State
17shall terminate the suspension.
18    (e) Any municipality or county making a certified report to
19the Secretary of State pursuant to this Section shall also by
20ordinance establish procedures for persons to challenge the
21accuracy of the certified report. The ordinance shall also
22state the grounds for such a challenge, which may be limited to
23(1) the person not having been the owner or lessee of the
24vehicle or vehicles receiving 10 or more standing, parking, or
25compliance violation notices or a combination of 5 or more
26automated speed enforcement system or automated traffic law

 

 

10000SB2411sam001- 60 -LRB100 17944 LNS 38924 a

1violations on the date or dates such notices were issued; and
2(2) the person having already paid the fine or penalty for the
310 or more standing, parking, or compliance violations or
4combination of 5 or more automated speed enforcement system or
5automated traffic law violations indicated on the certified
6report.
7    (f) Any municipality or county, other than a municipality
8or county establishing vehicular standing, parking, and
9compliance regulations pursuant to Section 11-208.3, automated
10speed enforcement system regulations under Section 11-208.8,
11or automated traffic law regulations under Section 11-208.6,
1211-208.9, or 11-1201.1, may also cause a suspension of a
13person's drivers license pursuant to this Section. Such
14municipality or county may invoke this sanction by making a
15certified report to the Secretary of State upon a person's
16failure to satisfy any fine or penalty imposed by final
17judgment for 10 or more violations of local standing, parking,
18or compliance regulations or a combination of 5 or more
19automated speed enforcement system or automated traffic law
20violations after exhaustion of judicial review procedures, but
21only if:
22        (1) the municipality or county complies with the
23    provisions of this Section in all respects except in regard
24    to enacting an ordinance pursuant to Section 11-208.3;
25        (2) the municipality or county has sent a notice of
26    impending drivers license suspension as prescribed by an

 

 

10000SB2411sam001- 61 -LRB100 17944 LNS 38924 a

1    ordinance enacted pursuant to subsection (g) of this
2    Section; and
3        (3) in municipalities or counties with a population of
4    1,000,000 or more, the municipality or county has verified
5    that the alleged violator's State vehicle registration
6    number and vehicle make are correct as they appear on the
7    citations.
8    (g) Any municipality or county, other than a municipality
9or county establishing standing, parking, and compliance
10regulations pursuant to Section 11-208.3, automated speed
11enforcement system regulations under Section 11-208.8, or
12automated traffic law regulations under Section 11-208.6,
1311-208.9, or 11-1201.1, may provide by ordinance for the
14sending of a notice of impending drivers license suspension to
15the person who has failed to satisfy any fine or penalty
16imposed by final judgment for 10 or more violations of local
17standing, parking, or compliance regulations or a combination
18of 5 or more automated speed enforcement system or automated
19traffic law violations after exhaustion of judicial review
20procedures. An ordinance so providing shall specify that the
21notice sent to the person liable for any fine or penalty shall
22state that failure to pay the fine or penalty owing within 45
23days of the notice's date will result in the municipality or
24county notifying the Secretary of State that the person's
25drivers license is eligible for suspension pursuant to this
26Section. The notice of impending drivers license suspension

 

 

10000SB2411sam001- 62 -LRB100 17944 LNS 38924 a

1shall be sent by first class United States mail, postage
2prepaid, to the address recorded with the Secretary of State or
3at the last address known to the lessor of the cited vehicle at
4the time of lease or, if any notice sent under Section 11-208.3
5of this Code is returned as undeliverable, to the last known
6address recorded in a United States Post Office approved
7database.
8    (h) An administrative hearing to contest an impending
9suspension or a suspension made pursuant to this Section may be
10had upon filing a written request with the Secretary of State.
11The filing fee for this hearing shall be $20, to be paid at the
12time the request is made. A municipality or county which files
13a certified report with the Secretary of State pursuant to this
14Section shall reimburse the Secretary for all reasonable costs
15incurred by the Secretary as a result of the filing of the
16report, including but not limited to the costs of providing the
17notice required pursuant to subsection (b) and the costs
18incurred by the Secretary in any hearing conducted with respect
19to the report pursuant to this subsection and any appeal from
20such a hearing.
21    (i) The provisions of this Section shall apply on and after
22January 1, 1988.
23    (j) For purposes of this Section, the term "compliance
24violation" is defined as in Section 11-208.3.
25(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
2698-556, eff. 1-1-14.)
 

 

 

10000SB2411sam001- 63 -LRB100 17944 LNS 38924 a

1    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
2    Sec. 11-208.3. Administrative adjudication of violations
3of traffic regulations concerning the standing, parking, or
4condition of vehicles, automated traffic law violations, and
5automated speed enforcement system violations.
6    (a) Any municipality or county may provide by ordinance for
7a system of administrative adjudication of vehicular standing
8and parking violations and vehicle compliance violations as
9described in this subsection, automated traffic law violations
10as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
11automated speed enforcement system violations as defined in
12Section 11-208.8. The administrative system shall have as its
13purpose the fair and efficient enforcement of municipal or
14county regulations through the administrative adjudication of
15automated speed enforcement system or automated traffic law
16violations and violations of municipal or county ordinances
17regulating the standing and parking of vehicles, the condition
18and use of vehicle equipment, and the display of municipal or
19county wheel tax licenses within the municipality's or county's
20borders. The administrative system shall only have authority to
21adjudicate civil offenses carrying fines not in excess of $500
22or requiring the completion of a traffic education program, or
23both, that occur after the effective date of the ordinance
24adopting such a system under this Section. For purposes of this
25Section, "compliance violation" means a violation of a

 

 

10000SB2411sam001- 64 -LRB100 17944 LNS 38924 a

1municipal or county regulation governing the condition or use
2of equipment on a vehicle or governing the display of a
3municipal or county wheel tax license.
4    (b) Any ordinance establishing a system of administrative
5adjudication under this Section shall provide for:
6        (1) A traffic compliance administrator authorized to
7    adopt, distribute and process parking, compliance, and
8    automated speed enforcement system or automated traffic
9    law violation notices and other notices required by this
10    Section, collect money paid as fines and penalties for
11    violation of parking and compliance ordinances and
12    automated speed enforcement system or automated traffic
13    law violations, and operate an administrative adjudication
14    system. The traffic compliance administrator also may make
15    a certified report to the Secretary of State under Section
16    6-306.5.
17        (2) A parking, standing, compliance, automated speed
18    enforcement system, or automated traffic law violation
19    notice that shall specify the date, time, and place of
20    violation of a parking, standing, compliance, automated
21    speed enforcement system, or automated traffic law
22    regulation; the particular regulation violated; any
23    requirement to complete a traffic education program; the
24    fine and any penalty that may be assessed for late payment
25    or failure to complete a required traffic education
26    program, or both, when so provided by ordinance; the

 

 

10000SB2411sam001- 65 -LRB100 17944 LNS 38924 a

1    vehicle make and state registration number; and the
2    identification number of the person issuing the notice.
3    With regard to automated speed enforcement system or
4    automated traffic law violations, vehicle make shall be
5    specified on the automated speed enforcement system or
6    automated traffic law violation notice if the make is
7    available and readily discernible. With regard to
8    municipalities or counties with a population of 1 million
9    or more, it shall be grounds for dismissal of a parking
10    violation if the state registration number or vehicle make
11    specified is incorrect. The violation notice shall state
12    that the completion of any required traffic education
13    program, the payment of any indicated fine, and the payment
14    of any applicable penalty for late payment or failure to
15    complete a required traffic education program, or both,
16    shall operate as a final disposition of the violation. The
17    notice also shall contain information as to the
18    availability of a hearing in which the violation may be
19    contested on its merits. The violation notice shall specify
20    the time and manner in which a hearing may be had.
21        (3) Service of the parking, standing, or compliance
22    violation notice by affixing the original or a facsimile of
23    the notice to an unlawfully parked vehicle or by handing
24    the notice to the operator of a vehicle if he or she is
25    present and service of an automated speed enforcement
26    system or automated traffic law violation notice by mail to

 

 

10000SB2411sam001- 66 -LRB100 17944 LNS 38924 a

1    the address of the registered owner or lessee of the cited
2    vehicle as recorded with the Secretary of State or the
3    lessor of the motor vehicle within 30 days after the
4    Secretary of State or the lessor of the motor vehicle
5    notifies the municipality or county of the identity of the
6    owner or lessee of the vehicle, but not later than 90 days
7    after the violation, except that in the case of a lessee of
8    a motor vehicle, service of an automated traffic law
9    violation notice may occur no later than 210 days after the
10    violation. A person authorized by ordinance to issue and
11    serve parking, standing, and compliance violation notices
12    shall certify as to the correctness of the facts entered on
13    the violation notice by signing his or her name to the
14    notice at the time of service or in the case of a notice
15    produced by a computerized device, by signing a single
16    certificate to be kept by the traffic compliance
17    administrator attesting to the correctness of all notices
18    produced by the device while it was under his or her
19    control. In the case of an automated traffic law violation,
20    the ordinance shall require a determination by a technician
21    employed or contracted by the municipality or county that,
22    based on inspection of recorded images, the motor vehicle
23    was being operated in violation of Section 11-208.6,
24    11-208.9, or 11-1201.1 or a local ordinance. If the
25    technician determines that the vehicle entered the
26    intersection as part of a funeral procession or in order to

 

 

10000SB2411sam001- 67 -LRB100 17944 LNS 38924 a

1    yield the right-of-way to an emergency vehicle, a citation
2    shall not be issued. In municipalities with a population of
3    less than 1,000,000 inhabitants and counties with a
4    population of less than 3,000,000 inhabitants, the
5    automated traffic law ordinance shall require that all
6    determinations by a technician that a motor vehicle was
7    being operated in violation of Section 11-208.6, 11-208.9,
8    or 11-1201.1 or a local ordinance must be reviewed and
9    approved by a law enforcement officer or retired law
10    enforcement officer of the municipality or county issuing
11    the violation. In municipalities with a population of
12    1,000,000 or more inhabitants and counties with a
13    population of 3,000,000 or more inhabitants, the automated
14    traffic law ordinance shall require that all
15    determinations by a technician that a motor vehicle was
16    being operated in violation of Section 11-208.6, 11-208.9,
17    or 11-1201.1 or a local ordinance must be reviewed and
18    approved by a law enforcement officer or retired law
19    enforcement officer of the municipality or county issuing
20    the violation or by an additional fully-trained reviewing
21    technician who is not employed by the contractor who
22    employs the technician who made the initial determination.
23    In the case of an automated speed enforcement system
24    violation, the ordinance shall require a determination by a
25    technician employed by the municipality, based upon an
26    inspection of recorded images, video or other

 

 

10000SB2411sam001- 68 -LRB100 17944 LNS 38924 a

1    documentation, including documentation of the speed limit
2    and automated speed enforcement signage, and documentation
3    of the inspection, calibration, and certification of the
4    speed equipment, that the vehicle was being operated in
5    violation of Article VI of Chapter 11 of this Code or a
6    similar local ordinance. If the technician determines that
7    the vehicle speed was not determined by a calibrated,
8    certified speed equipment device based upon the speed
9    equipment documentation, or if the vehicle was an emergency
10    vehicle, a citation may not be issued. The automated speed
11    enforcement ordinance shall require that all
12    determinations by a technician that a violation occurred be
13    reviewed and approved by a law enforcement officer or
14    retired law enforcement officer of the municipality
15    issuing the violation or by an additional fully trained
16    reviewing technician who is not employed by the contractor
17    who employs the technician who made the initial
18    determination. Routine and independent calibration of the
19    speeds produced by automated speed enforcement systems and
20    equipment shall be conducted annually by a qualified
21    technician. Speeds produced by an automated speed
22    enforcement system shall be compared with speeds produced
23    by lidar or other independent equipment. Radar or lidar
24    equipment shall undergo an internal validation test no less
25    frequently than once each week. Qualified technicians
26    shall test loop based equipment no less frequently than

 

 

10000SB2411sam001- 69 -LRB100 17944 LNS 38924 a

1    once a year. Radar equipment shall be checked for accuracy
2    by a qualified technician when the unit is serviced, when
3    unusual or suspect readings persist, or when deemed
4    necessary by a reviewing technician. Radar equipment shall
5    be checked with the internal frequency generator and the
6    internal circuit test whenever the radar is turned on.
7    Technicians must be alert for any unusual or suspect
8    readings, and if unusual or suspect readings of a radar
9    unit persist, that unit shall immediately be removed from
10    service and not returned to service until it has been
11    checked by a qualified technician and determined to be
12    functioning properly. Documentation of the annual
13    calibration results, including the equipment tested, test
14    date, technician performing the test, and test results,
15    shall be maintained and available for use in the
16    determination of an automated speed enforcement system
17    violation and issuance of a citation. The technician
18    performing the calibration and testing of the automated
19    speed enforcement equipment shall be trained and certified
20    in the use of equipment for speed enforcement purposes.
21    Training on the speed enforcement equipment may be
22    conducted by law enforcement, civilian, or manufacturer's
23    personnel and if applicable may be equivalent to the
24    equipment use and operations training included in the Speed
25    Measuring Device Operator Program developed by the
26    National Highway Traffic Safety Administration (NHTSA).

 

 

10000SB2411sam001- 70 -LRB100 17944 LNS 38924 a

1    The vendor or technician who performs the work shall keep
2    accurate records on each piece of equipment the technician
3    calibrates and tests. As used in this paragraph,
4    "fully-trained reviewing technician" means a person who
5    has received at least 40 hours of supervised training in
6    subjects which shall include image inspection and
7    interpretation, the elements necessary to prove a
8    violation, license plate identification, and traffic
9    safety and management. In all municipalities and counties,
10    the automated speed enforcement system or automated
11    traffic law ordinance shall require that no additional fee
12    shall be charged to the alleged violator for exercising his
13    or her right to an administrative hearing, and persons
14    shall be given at least 25 days following an administrative
15    hearing to pay any civil penalty imposed by a finding that
16    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
17    similar local ordinance has been violated. The original or
18    a facsimile of the violation notice or, in the case of a
19    notice produced by a computerized device, a printed record
20    generated by the device showing the facts entered on the
21    notice, shall be retained by the traffic compliance
22    administrator, and shall be a record kept in the ordinary
23    course of business. A parking, standing, compliance,
24    automated speed enforcement system, or automated traffic
25    law violation notice issued, signed and served in
26    accordance with this Section, a copy of the notice, or the

 

 

10000SB2411sam001- 71 -LRB100 17944 LNS 38924 a

1    computer generated record shall be prima facie correct and
2    shall be prima facie evidence of the correctness of the
3    facts shown on the notice. The notice, copy, or computer
4    generated record shall be admissible in any subsequent
5    administrative or legal proceedings.
6        (4) An opportunity for a hearing for the registered
7    owner of the vehicle cited in the parking, standing,
8    compliance, automated speed enforcement system, or
9    automated traffic law violation notice in which the owner
10    may contest the merits of the alleged violation, and during
11    which formal or technical rules of evidence shall not
12    apply; provided, however, that under Section 11-1306 of
13    this Code the lessee of a vehicle cited in the violation
14    notice likewise shall be provided an opportunity for a
15    hearing of the same kind afforded the registered owner. The
16    hearings shall be recorded, and the person conducting the
17    hearing on behalf of the traffic compliance administrator
18    shall be empowered to administer oaths and to secure by
19    subpoena both the attendance and testimony of witnesses and
20    the production of relevant books and papers. Persons
21    appearing at a hearing under this Section may be
22    represented by counsel at their expense. The ordinance may
23    also provide for internal administrative review following
24    the decision of the hearing officer.
25        (5) Service of additional notices, sent by first class
26    United States mail, postage prepaid, to the address of the

 

 

10000SB2411sam001- 72 -LRB100 17944 LNS 38924 a

1    registered owner of the cited vehicle as recorded with the
2    Secretary of State or, if any notice to that address is
3    returned as undeliverable, to the last known address
4    recorded in a United States Post Office approved database,
5    or, under Section 11-1306 or subsection (p) of Section
6    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
7    of this Code, to the lessee of the cited vehicle at the
8    last address known to the lessor of the cited vehicle at
9    the time of lease or, if any notice to that address is
10    returned as undeliverable, to the last known address
11    recorded in a United States Post Office approved database.
12    The service shall be deemed complete as of the date of
13    deposit in the United States mail. The notices shall be in
14    the following sequence and shall include but not be limited
15    to the information specified herein:
16            (i) A second notice of parking, standing, or
17        compliance violation. This notice shall specify the
18        date and location of the violation cited in the
19        parking, standing, or compliance violation notice, the
20        particular regulation violated, the vehicle make and
21        state registration number, any requirement to complete
22        a traffic education program, the fine and any penalty
23        that may be assessed for late payment or failure to
24        complete a traffic education program, or both, when so
25        provided by ordinance, the availability of a hearing in
26        which the violation may be contested on its merits, and

 

 

10000SB2411sam001- 73 -LRB100 17944 LNS 38924 a

1        the time and manner in which the hearing may be had.
2        The notice of violation shall also state that failure
3        to complete a required traffic education program, to
4        pay the indicated fine and any applicable penalty, or
5        to appear at a hearing on the merits in the time and
6        manner specified, will result in a final determination
7        of violation liability for the cited violation in the
8        amount of the fine or penalty indicated, and that, upon
9        the occurrence of a final determination of violation
10        liability for the failure, and the exhaustion of, or
11        failure to exhaust, available administrative or
12        judicial procedures for review, any incomplete traffic
13        education program or any unpaid fine or penalty, or
14        both, will constitute a debt due and owing the
15        municipality or county.
16            (ii) A notice of final determination of parking,
17        standing, compliance, automated speed enforcement
18        system, or automated traffic law violation liability.
19        This notice shall be sent following a final
20        determination of parking, standing, compliance,
21        automated speed enforcement system, or automated
22        traffic law violation liability and the conclusion of
23        judicial review procedures taken under this Section.
24        The notice shall state that the incomplete traffic
25        education program or the unpaid fine or penalty, or
26        both, is a debt due and owing the municipality or

 

 

10000SB2411sam001- 74 -LRB100 17944 LNS 38924 a

1        county. The notice shall contain warnings that failure
2        to complete any required traffic education program or
3        to pay any fine or penalty due and owing the
4        municipality or county, or both, within the time
5        specified may result in the municipality's or county's
6        filing of a petition in the Circuit Court to have the
7        incomplete traffic education program or unpaid fine or
8        penalty, or both, rendered a judgment as provided by
9        this Section, or, where applicable, may result in
10        suspension of the person's drivers license for failure
11        to complete a traffic education program or to pay fines
12        or penalties, or both, for 10 or more parking
13        violations under Section 6-306.5, or a combination of 5
14        or more automated traffic law violations under Section
15        11-208.6 or 11-208.9 or automated speed enforcement
16        system violations under Section 11-208.8.
17        (6) A notice of impending drivers license suspension.
18    This notice shall be sent to the person liable for failure
19    to complete a required traffic education program or to pay
20    any fine or penalty that remains due and owing, or both, on
21    10 or more parking violations or combination of 5 or more
22    unpaid automated speed enforcement system or automated
23    traffic law violations. The notice shall state that failure
24    to complete a required traffic education program or to pay
25    the fine or penalty owing, or both, within 45 days of the
26    notice's date will result in the municipality or county

 

 

10000SB2411sam001- 75 -LRB100 17944 LNS 38924 a

1    notifying the Secretary of State that the person is
2    eligible for initiation of suspension proceedings under
3    Section 6-306.5 of this Code. The notice shall also state
4    that the person may obtain a photostatic copy of an
5    original ticket imposing a fine or penalty by sending a
6    self addressed, stamped envelope to the municipality or
7    county along with a request for the photostatic copy. The
8    notice of impending drivers license suspension shall be
9    sent by first class United States mail, postage prepaid, to
10    the address recorded with the Secretary of State or, if any
11    notice to that address is returned as undeliverable, to the
12    last known address recorded in a United States Post Office
13    approved database.
14        (7) Final determinations of violation liability. A
15    final determination of violation liability shall occur
16    following failure to complete the required traffic
17    education program or to pay the fine or penalty, or both,
18    after a hearing officer's determination of violation
19    liability and the exhaustion of or failure to exhaust any
20    administrative review procedures provided by ordinance.
21    Where a person fails to appear at a hearing to contest the
22    alleged violation in the time and manner specified in a
23    prior mailed notice, the hearing officer's determination
24    of violation liability shall become final: (A) upon denial
25    of a timely petition to set aside that determination, or
26    (B) upon expiration of the period for filing the petition

 

 

10000SB2411sam001- 76 -LRB100 17944 LNS 38924 a

1    without a filing having been made.
2        (8) A petition to set aside a determination of parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violation liability that may be
5    filed by a person owing an unpaid fine or penalty. A
6    petition to set aside a determination of liability may also
7    be filed by a person required to complete a traffic
8    education program. The petition shall be filed with and
9    ruled upon by the traffic compliance administrator in the
10    manner and within the time specified by ordinance. The
11    grounds for the petition may be limited to: (A) the person
12    not having been the owner or lessee of the cited vehicle on
13    the date the violation notice was issued, (B) the person
14    having already completed the required traffic education
15    program or paid the fine or penalty, or both, for the
16    violation in question, and (C) excusable failure to appear
17    at or request a new date for a hearing. With regard to
18    municipalities or counties with a population of 1 million
19    or more, it shall be grounds for dismissal of a parking
20    violation if the state registration number, or vehicle make
21    if specified, is incorrect. After the determination of
22    parking, standing, compliance, automated speed enforcement
23    system, or automated traffic law violation liability has
24    been set aside upon a showing of just cause, the registered
25    owner shall be provided with a hearing on the merits for
26    that violation.

 

 

10000SB2411sam001- 77 -LRB100 17944 LNS 38924 a

1        (9) Procedures for non-residents. Procedures by which
2    persons who are not residents of the municipality or county
3    may contest the merits of the alleged violation without
4    attending a hearing.
5        (10) A schedule of civil fines for violations of
6    vehicular standing, parking, compliance, automated speed
7    enforcement system, or automated traffic law regulations
8    enacted by ordinance pursuant to this Section, and a
9    schedule of penalties for late payment of the fines or
10    failure to complete required traffic education programs,
11    provided, however, that the total amount of the fine and
12    penalty for any one violation shall not exceed $250, except
13    as provided in subsection (c) of Section 11-1301.3 of this
14    Code.
15        (11) Other provisions as are necessary and proper to
16    carry into effect the powers granted and purposes stated in
17    this Section.
18    (c) Any municipality or county establishing vehicular
19standing, parking, compliance, automated speed enforcement
20system, or automated traffic law regulations under this Section
21may also provide by ordinance for a program of vehicle
22immobilization for the purpose of facilitating enforcement of
23those regulations. The program of vehicle immobilization shall
24provide for immobilizing any eligible vehicle upon the public
25way by presence of a restraint in a manner to prevent operation
26of the vehicle. Any ordinance establishing a program of vehicle

 

 

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1immobilization under this Section shall provide:
2        (1) Criteria for the designation of vehicles eligible
3    for immobilization. A vehicle shall be eligible for
4    immobilization when the registered owner of the vehicle has
5    accumulated the number of incomplete traffic education
6    programs or unpaid final determinations of parking,
7    standing, compliance, automated speed enforcement system,
8    or automated traffic law violation liability, or both, as
9    determined by ordinance.
10        (2) A notice of impending vehicle immobilization and a
11    right to a hearing to challenge the validity of the notice
12    by disproving liability for the incomplete traffic
13    education programs or unpaid final determinations of
14    parking, standing, compliance, automated speed enforcement
15    system, or automated traffic law violation liability, or
16    both, listed on the notice.
17        (3) The right to a prompt hearing after a vehicle has
18    been immobilized or subsequently towed without the
19    completion of the required traffic education program or
20    payment of the outstanding fines and penalties on parking,
21    standing, compliance, automated speed enforcement system,
22    or automated traffic law violations, or both, for which
23    final determinations have been issued. An order issued
24    after the hearing is a final administrative decision within
25    the meaning of Section 3-101 of the Code of Civil
26    Procedure.

 

 

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1        (4) A post immobilization and post-towing notice
2    advising the registered owner of the vehicle of the right
3    to a hearing to challenge the validity of the impoundment.
4    (d) Judicial review of final determinations of parking,
5standing, compliance, automated speed enforcement system, or
6automated traffic law violations and final administrative
7decisions issued after hearings regarding vehicle
8immobilization and impoundment made under this Section shall be
9subject to the provisions of the Administrative Review Law.
10    (e) Any fine, penalty, incomplete traffic education
11program, or part of any fine or any penalty remaining unpaid
12after the exhaustion of, or the failure to exhaust,
13administrative remedies created under this Section and the
14conclusion of any judicial review procedures shall be a debt
15due and owing the municipality or county and, as such, may be
16collected in accordance with applicable law. Completion of any
17required traffic education program and payment in full of any
18fine or penalty resulting from a standing, parking, compliance,
19automated speed enforcement system, or automated traffic law
20violation shall constitute a final disposition of that
21violation.
22    (f) After the expiration of the period within which
23judicial review may be sought for a final determination of
24parking, standing, compliance, automated speed enforcement
25system, or automated traffic law violation, the municipality or
26county may commence a proceeding in the Circuit Court for

 

 

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1purposes of obtaining a judgment on the final determination of
2violation. Nothing in this Section shall prevent a municipality
3or county from consolidating multiple final determinations of
4parking, standing, compliance, automated speed enforcement
5system, or automated traffic law violations against a person in
6a proceeding. Upon commencement of the action, the municipality
7or county shall file a certified copy or record of the final
8determination of parking, standing, compliance, automated
9speed enforcement system, or automated traffic law violation,
10which shall be accompanied by a certification that recites
11facts sufficient to show that the final determination of
12violation was issued in accordance with this Section and the
13applicable municipal or county ordinance. Service of the
14summons and a copy of the petition may be by any method
15provided by Section 2-203 of the Code of Civil Procedure or by
16certified mail, return receipt requested, provided that the
17total amount of fines and penalties for final determinations of
18parking, standing, compliance, automated speed enforcement
19system, or automated traffic law violations does not exceed
20$2500. If the court is satisfied that the final determination
21of parking, standing, compliance, automated speed enforcement
22system, or automated traffic law violation was entered in
23accordance with the requirements of this Section and the
24applicable municipal or county ordinance, and that the
25registered owner or the lessee, as the case may be, had an
26opportunity for an administrative hearing and for judicial

 

 

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1review as provided in this Section, the court shall render
2judgment in favor of the municipality or county and against the
3registered owner or the lessee for the amount indicated in the
4final determination of parking, standing, compliance,
5automated speed enforcement system, or automated traffic law
6violation, plus costs. The judgment shall have the same effect
7and may be enforced in the same manner as other judgments for
8the recovery of money.
9    (g) The fee for participating in a traffic education
10program under this Section shall not exceed $25.
11    A low-income individual required to complete a traffic
12education program under this Section who provides proof of
13eligibility for the federal earned income tax credit under
14Section 32 of the Internal Revenue Code or the Illinois earned
15income tax credit under Section 212 of the Illinois Income Tax
16Act shall not be required to pay any fee for participating in a
17required traffic education program.
18(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
19eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 
20    (625 ILCS 5/6-205.2 rep.)
21    (625 ILCS 5/6-306.7 rep.)
22    Section 10. The Illinois Vehicle Code is amended by
23repealing Sections 6-205.2 and 6-306.7.
 
24    Section 99. Effective date. This Act takes effect July 1,

 

 

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12019.".