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90_SB0950
SEE INDEX
Amends the Illinois Vehicle Code in relation to the
definition of a "serious traffic violation", the purpose of
having a Graduated Licensing Program, the requirements for
the issuance of a driver's license to an applicant under 18
years of age, the number of passengers allowed for a license
holder under 18 years of age, seat belts for license holders
and their passengers under 18 years of age, instruction
permits for minors, adoption of rules by the Secretary of
State for graduated licenses, the issuance of distinct
licenses to persons under 21 years of age, the prohibition on
issuing, renewing, or allowing the retention of a license or
permit to minors, reporting any disposition of court
supervision for persons under 21 years of age to the
Secretary, the prohibition on issuing a restricted driving
permit to a person under 16 years of age or a judicial
driving permit to a person under 18 years of age, the
suspension and revocation of driving privileges, and the
prohibition on issuing a family financial responsibility
driving permit to a person under 16 years of age who
possesses an instruction permit. Amends the Child Passenger
Protection Act to provide that every person under 18 years of
age, when transporting a child 6 years of age or older but
under the age of 18, shall be responsible for securing that
child in a properly adjusted and fastened seat safety belt.
Amends the Unified Code of Corrections to provide that
provisions concerning a court entering an order for
supervision of a defendant does not apply to a defendant
charged with violating a serious traffic offense if the
defendant is under 18 years of age or the defendant is
between 18 and 20 years of age and has previously been
sentenced to supervision or been convicted for a serious
traffic offense. Effective January 1, 1998.
LRB9001187NTsbB
LRB9001187NTsbB
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-103, 6-105, 6-107, 6-204, 6-205, 6-206,
6 6-206.1, 7-702.1, 12-603, and 12-603.1 and adding Sections
7 1-187.001, 6-107.1, 6-107.2, and 6-107.3 as follows:
8 (625 ILCS 5/1-187.001 new)
9 Sec. 1-187.001. Serious traffic violation.
10 (a) A conviction when operating a motor vehicle for:
11 (1) a violation of subsection (a) of Section
12 11-402, relating to a motor vehicle accident involving
13 damage to a vehicle;
14 (2) a violation of Section 11-403, relating to
15 failure to stop and exchange information after a motor
16 vehicle collision, property damage only;
17 (3) a violation of subsection (a) of Section
18 11-502, relating to illegal transportation, possession,
19 or carrying of alcoholic liquor within the passenger area
20 of any vehicle;
21 (4) a violation of subsection (a) of Section
22 11-1414, relating to passing a school bus receiving or
23 discharging children;
24 (5) a violation of Section 11-403, relating to
25 failure to stop and exchange information or give aid
26 after a motor vehicle collision involving personal injury
27 or death;
28 (6) a violation relating to excessive speeding,
29 involving a single speeding charge of 15 miles per hour
30 or more above the legal speed limit;
31 (7) a violation relating to reckless driving;
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1 (8) a violation of subsection (d) of Section
2 11-707, relating to passing in a no-passing zone,
3 (9) a violation of subsection (b) of Section
4 11-1402, relating to limitations on backing upon a
5 controlled access highway;
6 (10) a violation of Section 11-605, relating to
7 exceeding the maximum speed in a school zone;
8 (11) a violation of subsection (b) of Section
9 11-707, relating to driving on the left side of a
10 roadway in a no-passing zone;
11 (12) a violation of subsection (e) of Section
12 11-1002, relating to failure to yield the right-of-way to
13 a pedestrian at an intersection;
14 (13) a violation of Section 11-1008, relating to
15 failure to yield to a pedestrian on a sidewalk; or
16 (14) a violation of Section 11-1201, relating to
17 failure to stop for an approaching railroad train or
18 signals; or
19 (b) Any other similar violation of a law or local
20 ordinance of any state relating to motor vehicle traffic
21 control, other than a parking violation, that the Secretary
22 of State determines by administrative rule to be serious.
23 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
24 Sec. 6-103. What persons shall not be licensed as drivers
25 or granted permits. The Secretary of State shall not issue,
26 renew, or allow the retention of any driver's license nor
27 issue any permit under this Code:
28 1. To any person, as a driver, who is under the age
29 of 18 years except as provided in Section 6-107, and
30 except that an instruction permit may be issued under
31 paragraphs (a) and (b) of Section 6-105 to a child who is
32 not less than 15 years of age if the child is enrolled in
33 an approved driver education course as defined in Section
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1 1-103 of this Code and requires an instruction permit to
2 participate therein, except that an instruction permit
3 may be issued under the provisions of Section 6-107.1 to
4 a child who is 17 years and 9 months of age without the
5 child having enrolled in an approved driver education
6 course;
7 2. To any person who is under the age of 18 as an
8 operator of a motorcycle other than a motor driven cycle
9 unless the person has, in addition to meeting the
10 provisions of Section 6-107 of this Code, completed a
11 motorcycle training course approved by the Illinois
12 Department of Transportation and successfully completes
13 the required Secretary of State's motorcycle driver's
14 examination;
15 3. To any person, as a driver, whose driver's
16 license or permit has been suspended, during the
17 suspension, nor to any person whose driver's license or
18 permit has been revoked, except as provided in Sections
19 6-205, 6-206, and 6-208;
20 4. To any person, as a driver, who is a user of
21 alcohol or any other drug to a degree that renders the
22 person incapable of safely driving a motor vehicle;
23 5. To any person, as a driver, who has previously
24 been adjudged to be afflicted with or suffering from any
25 mental or physical disability or disease and who has not
26 at the time of application been restored to competency by
27 the methods provided by law;
28 6. To any person, as a driver, who is required by
29 the Secretary of State to submit an alcohol and drug
30 evaluation or take an examination provided for in this
31 Code unless the person has successfully passed the
32 examination and submitted any required evaluation;
33 7. To any person who is required under the
34 provisions of the laws of this State to deposit security
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1 or proof of financial responsibility and who has not
2 deposited the security or proof;
3 8. To any person when the Secretary of State has
4 good cause to believe that the person by reason of
5 physical or mental disability would not be able to safely
6 operate a motor vehicle upon the highways, unless the
7 person shall furnish to the Secretary of State a verified
8 written statement, acceptable to the Secretary of State,
9 from a competent medical specialist to the effect that
10 the operation of a motor vehicle by the person would not
11 be inimical to the public safety;
12 9. To any person, as a driver, who is 69 years of
13 age or older, unless the person has successfully complied
14 with the provisions of Section 6-109;
15 10. To any person convicted, within 12 months of
16 application for a license, of any of the sexual offenses
17 enumerated in paragraph 2 of subsection (b) of Section
18 6-205;
19 11. To any person who is under the age of 21 years
20 with a classification prohibited in paragraph (b) of
21 Section 6-104 and to any person who is under the age of
22 18 years with a classification prohibited in paragraph
23 (c) of Section 6-104; or
24 12. To any person who has been either convicted of
25 or adjudicated under the Juvenile Court Act of 1987 based
26 upon a violation of the Cannabis Control Act or the
27 Illinois Controlled Substances Act while that person was
28 in actual physical control of a motor vehicle. For
29 purposes of this Section, any person placed on probation
30 under Section 10 of the Cannabis Control Act or Section
31 410 of the Illinois Controlled Substances Act shall not
32 be considered convicted. Any person found guilty of this
33 offense, while in actual physical control of a motor
34 vehicle, shall have an entry made in the court record by
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1 the judge that this offense did occur while the person
2 was in actual physical control of a motor vehicle and
3 order the clerk of the court to report the violation to
4 the Secretary of State as such. The Secretary of State
5 shall not issue a new license or permit for a period of
6 one year; or.
7 13. To any person who is under the age of 18 years
8 and who has committed the offense of operating a motor
9 vehicle without a valid license or permit in violation of
10 Section 6-101.
11 The Secretary of State shall retain all conviction
12 information, if the information is required to be held
13 confidential under the Juvenile Court Act of 1987.
14 (Source: P.A. 87-1114; 88-212.)
15 (625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
16 Sec. 6-105. Instruction permits and temporary licenses.
17 (a) Except as provided in this Section, the Secretary of
18 State upon receiving proper application and payment of the
19 required fee may issue an instruction permit to any person
20 who is not ineligible for a license under paragraphs 1, 3, 4,
21 5, 7, or 8 of Section 6-103, after the applicant has
22 successfully passed such examination as the Secretary of
23 State in his discretion may prescribe.
24 1. An instruction permit entitles the holder while
25 having the permit in his immediate possession to drive a
26 motor vehicle, excluding a motor driven cycle or motorcycle,
27 upon the highways for a period of 12 months after the date of
28 its issuance when accompanied by a licensed driver who has
29 had a valid driver's license classification to operate such
30 vehicle for at least one year and has had one year of driving
31 experience with such classification and who is occupying a
32 seat beside the driver.
33 2. A 12 month instruction permit for a motor driven
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1 cycle may be issued to a person 21 16 years of age or more,
2 and entitles the holder to drive upon the highways during
3 daylight under the direct supervision of a licensed motor
4 driven cycle operator or motorcycle operator.
5 3. (Blank). A 12 month instruction permit for a
6 motorcycle other than a motor driven cycle may be issued to a
7 person 18 years of age or more, or to a person who is at
8 least 16 years of age in accordance with the provisions of
9 paragraph 2 of Section 6-103, and entitles a holder to drive
10 upon the highways during daylight under the direct
11 supervision of a licensed motorcycle operator.
12 (b) (Blank). An instruction permit issued hereunder when
13 issued to a minor enrolled in a driver education program as
14 provided in this Code, shall be restricted, by the Secretary
15 of State, to the operation of a motor vehicle by the minor
16 only when accompanied by the adult instructor of the program
17 during enrollment therein or when practicing with a parent,
18 legal guardian or person in loco parentis who has a license
19 classification to operate such vehicle and at least one year
20 of driving experience and who is occupying a seat beside the
21 driver. After successful completion of the driver education
22 program and before qualifying for a driver's license, the
23 minor shall be restricted to the operation of a motor vehicle
24 only when accompanied by a person who has a license
25 classification to operate such vehicle and at least one year
26 of driving experience and who is occupying a seat beside the
27 driver.
28 (c) The Secretary of State may issue a temporary
29 driver's license to an applicant for a license permitting the
30 operation of a motor vehicle while the Secretary is
31 completing an investigation and determination of all facts
32 relative to such applicant's eligibility to receive such
33 license, or for any other reason prescribed by rule or
34 regulation promulgated by the Secretary of State. Such
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1 permit must be in the applicant's immediate possession while
2 operating a motor vehicle, and it shall be invalid when the
3 applicant's driver's license has been issued or for good
4 cause has been refused. In each case the Secretary of State
5 may issue the temporary driver's license for such period as
6 appropriate but in no event for longer than 90 days.
7 (Source: P.A. 85-522.)
8 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
9 Sec. 6-107. Graduated license.
10 (a) The purpose of the Graduated Licensing Program is
11 to develop safe and mature driving habits in young,
12 inexperienced drivers and reduce or prevent motor vehicle
13 accidents, fatalities, and injuries by:
14 (1) providing for an increase in the time of
15 practice period before granting permission to obtain a
16 driver's license;
17 (2) strengthening driver licensing and testing
18 standards for persons under the age of 21 years;
19 (3) sanctioning driving privileges of drivers under
20 age 21 who have committed serious traffic violations or
21 other specified offenses; and
22 (4) setting stricter standards to promote the
23 public's health and safety.
24 (b) Applications of minors. The application of any
25 person under the age of 18 years, and not legally emancipated
26 by marriage, for a drivers license or permit to operate a
27 motor vehicle issued under the laws of this State, shall be
28 accompanied by the written consent of either parent of the
29 applicant; otherwise by the guardian having custody of the
30 applicant, or in the event there is no parent or guardian,
31 then by another responsible adult.
32 No graduated driver's license shall be issued to any
33 applicant under 18 years of age, unless the applicant has:
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1 (1) Held a valid instruction permit for a minimum
2 of 3 months.
3 (2) Passed an approved driver education course and
4 submits proof of having passed the course as may be
5 required.
6 (3) certification by the parent, legal guardian, or
7 responsible adult that the applicant has had a minimum of
8 25 hours of behind-the-wheel practice time and is
9 sufficiently prepared and able to safely operate a motor
10 vehicle.
11 No drivers license shall be issued to any applicant under
12 18 years of age who is 16 years of age or more unless the
13 applicant has passed an approved driver education course as
14 defined in Section 1-103 of this Act, and submits such proof
15 of having passed the course as may be required by the
16 Secretary of State.
17 (c) No graduated driver's license or permit shall be
18 issued to any applicant under 18 years of age who has
19 committed the offense of operating a motor vehicle without a
20 valid license or permit in violation of Section 6-101 of this
21 Code or who has committed an offense that would otherwise
22 result in a mandatory revocation of a license or permit as
23 provided in Section 6-205 of this Code or who has been either
24 convicted of or adjudicated a delinquent based upon a
25 violation of the Cannabis Control Act or the Illinois
26 Controlled Substances Act, while that individual was in
27 actual physical control of a motor vehicle. For purposes of
28 this Section, any person placed on probation under Section 10
29 of the Cannabis Control Act or Section 410 of the Illinois
30 Controlled Substances Act shall not be considered convicted.
31 Any person found guilty of this offense, while in actual
32 physical control of a motor vehicle, shall have an entry made
33 in the court record by the judge that this offense did occur
34 while the person was in actual physical control of a motor
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1 vehicle and order the clerk of the court to report the
2 violation to the Secretary of State as such.
3 (d) No graduated driver's license shall be issued for 6
4 months to any applicant under the age of 18 years who has
5 been convicted of any offense defined as a serious traffic
6 violation in this Code or a similar provision of a local
7 ordinance.
8 (e) No graduated driver's license holder under the age
9 of 18 shall operate any motor vehicle of the first division
10 that is titled or licensed by the Secretary of State with
11 more than one passenger in the front seat of the motor
12 vehicle and no more passengers in the back seats than the
13 number of available seat safety belts as set forth in Section
14 12-603 of this Code.
15 (f) No graduated driver's license holder under the age
16 of 18 shall operate a motor vehicle unless each driver and
17 front or back seat passenger under the age of 18 is wearing a
18 properly adjusted and fastened seat safety belt.
19 (Source: P.A. 88-197.)
20 (625 ILCS 5/6-107.1 new)
21 Sec. 6-107.1. Instruction permit for a minor.
22 (a) The Secretary of State, upon receiving proper
23 application and payment of the required fee, may issue an
24 instruction permit to any person under the age of 18 years
25 who is not ineligible for a license under paragraphs 1, 3, 4,
26 5, 7, or 8 of Section 6-103, after the applicant has
27 successfully passed such examination as the Secretary of
28 State in his discretion may prescribe.
29 (1) An instruction permit issued under this Section
30 shall be valid for a period of 24 months after the date
31 of its issuance and shall be restricted, by the Secretary
32 of State, to the operation of a motor vehicle by the
33 minor only when accompanied by the adult instructor of a
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1 driver education program during enrollment in the program
2 or when practicing with a parent, legal guardian, family
3 member, or a person in loco parentis who is 21 years of
4 age or more, has a license classification to operate such
5 vehicle and at least one year of driving experience, and
6 who is occupying a seat beside the driver.
7 (2) A 24 month instruction permit for a motor
8 driven cycle may be issued to a person 16 or 17 years of
9 age and entitles the holder to drive upon the highways
10 during daylight under direct supervision of a licensed
11 motor driven cycle operator or motorcycle operator 21
12 years of age or older who has a license classification to
13 operate such motor driven cycle or motorcycle and at
14 least one year of driving experience.
15 (3) A 24 month instruction permit for a motorcycle
16 other than a motor driven cycle may be issued to a person
17 16 or 17 years of age in accordance with the provisions
18 of paragraph 2 of Section 6-103 and entitles a holder to
19 drive upon the highways during daylight under the direct
20 supervision of a licensed motorcycle operator 21 years of
21 age or older who has at least one year of driving
22 experience.
23 (b) An instruction permit issued under this Section when
24 issued to a person under the age of 17 years shall, as a
25 matter of law, be invalid for the operation of any motor
26 vehicle during the same time the child is prohibited from
27 being on any street or highway under the provisions of the
28 Child Curfew Act.
29 (c) Any person under the age of 16 years who possesses
30 an instruction permit and whose driving privileges have been
31 suspended or revoked under the provisions of this Code shall
32 not be granted a Family Financial Responsibility Driving
33 Permit or a Restricted Driving Permit.
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1 (625 ILCS 5/6-107.2 new)
2 Sec. 6-107.2. Rules for graduated licenses. The
3 Secretary of State, using the authority to license motor
4 vehicle operators, may adopt such rules as may be necessary
5 to establish standards, policies, and procedures for
6 graduated licenses.
7 (625 ILCS 5/6-107.3 new)
8 Sec. 6-107.3. Distinct nature of driver's license
9 dependent on age. The Secretary of State shall provide that
10 each graduated driver's license and each regular driver's
11 license issued to individuals under 21 years of age shall be
12 of a distinct nature from those driver's licenses issued to
13 individuals 21 years of age and older. The colors designated
14 for the graduated driver's license and regular driver's
15 license shall be at the discretion of the Secretary of State.
16 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
17 Sec. 6-204. When Court to forward License and Reports.
18 (a) For the purpose of providing to the Secretary of
19 State the records essential to the performance of the
20 Secretary's duties under this Code to cancel, revoke or
21 suspend the driver's license and privilege to drive motor
22 vehicles of persons found guilty of the criminal offenses or
23 traffic violations which this Code recognizes as evidence
24 relating to unfitness to safely operate motor vehicles, the
25 following duties are imposed upon public officials:
26 1. Whenever any person is convicted of any offense
27 for which this Code makes mandatory the cancellation or
28 revocation of the driver's license or permit of such
29 person by the Secretary of State, the judge of the court
30 in which such conviction is had shall require the
31 surrender to the clerk of the court of all driver's
32 licenses or permits then held by the person so convicted,
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1 and the clerk of the court shall, within 10 days
2 thereafter, forward the same, together with a report of
3 such conviction, to the Secretary.
4 2. Whenever any person is convicted of any offense
5 under this Code or similar offenses under a municipal
6 ordinance, other than regulations governing standing,
7 parking or weights of vehicles, and excepting the
8 following enumerated Sections of this Code: Sections
9 11-1406 (obstruction to driver's view or control),
10 11-1407 (improper opening of door into traffic), 11-1410
11 (coasting on downgrade), 11-1411 (following fire
12 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
13 (driving vehicle which is in unsafe condition or
14 improperly equipped), 12-201(a) (daytime lights on
15 motorcycles), 12-202 (clearance, identification and side
16 marker lamps), 12-204 (lamp or flag on projecting load),
17 12-205 (failure to display the safety lights required),
18 12-401 (restrictions as to tire equipment), 12-502
19 (mirrors), 12-503 (windshields must be unobstructed and
20 equipped with wipers), 12-601 (horns and warning
21 devices), 12-602 (mufflers, prevention of noise or
22 smoke), 12-603 (seat safety belts), 12-702 (certain
23 vehicles to carry flares or other warning devices),
24 12-703 (vehicles for oiling roads operated on highways),
25 12-710 (splash guards and replacements), 13-101 (safety
26 tests), 15-101 (size, weight and load), 15-102 (width),
27 15-103 (height), 15-104 (name and address on second
28 division vehicles), 15-107 (length of vehicle), 15-109.1
29 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
30 15-301 (weights), 15-316 (weights), 15-318 (weights), and
31 also excepting the following enumerated Sections of the
32 Chicago Municipal Code: Sections 27-245 (following fire
33 apparatus), 27-254 (obstruction of traffic), 27-258
34 (driving vehicle which is in unsafe condition), 27-259
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1 (coasting on downgrade), 27-264 (use of horns and signal
2 devices), 27-265 (obstruction to driver's view or driver
3 mechanism), 27-267 (dimming of headlights), 27-268
4 (unattended motor vehicle), 27-272 (illegal funeral
5 procession), 27-273 (funeral procession on boulevard),
6 27-275 (driving freighthauling vehicles on boulevard),
7 27-276 (stopping and standing of buses or taxicabs),
8 27-277 (cruising of public passenger vehicles), 27-305
9 (parallel parking), 27-306 (diagonal parking), 27-307
10 (parking not to obstruct traffic), 27-308 (stopping,
11 standing or parking regulated), 27-311 (parking
12 regulations), 27-312 (parking regulations), 27-313
13 (parking regulations), 27-314 (parking regulations),
14 27-315 (parking regulations), 27-316 (parking
15 regulations), 27-317 (parking regulations), 27-318
16 (parking regulations), 27-319 (parking regulations),
17 27-320 (parking regulations), 27-321 (parking
18 regulations), 27-322 (parking regulations), 27-324
19 (loading and unloading at an angle), 27-333 (wheel and
20 axle loads), 27-334 (load restrictions in the downtown
21 district), 27-335 (load restrictions in residential
22 areas), 27-338 (width of vehicles), 27-339 (height of
23 vehicles), 27-340 (length of vehicles), 27-352
24 (reflectors on trailers), 27-353 (mufflers), 27-354
25 (display of plates), 27-355 (display of city vehicle tax
26 sticker), 27-357 (identification of vehicles), 27-358
27 (projecting of loads), and also excepting the following
28 enumerated paragraphs of Section 2-201 of the Rules and
29 Regulations of the Illinois State Toll Highway Authority:
30 (l) (driving unsafe vehicle on tollway), (m) (vehicles
31 transporting dangerous cargo not properly indicated), it
32 shall be the duty of the clerk of the court in which such
33 conviction is had within 10 days thereafter to forward to
34 the Secretary of State a report of the conviction and the
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1 court may recommend the suspension of the driver's
2 license or permit of the person so convicted.
3 The reporting requirements of this subsection shall apply
4 to all violations stated in paragraphs 1 and 2 of this
5 subsection when the individual has been adjudicated under the
6 Juvenile Court Act or the Juvenile Court Act of 1987. Such
7 reporting requirements shall also apply to individuals
8 adjudicated under the Juvenile Court Act or the Juvenile
9 Court Act of 1987 who have committed a violation of Section
10 11-501 of this Code, or similar provision of a local
11 ordinance, or Section 9-3 of the Criminal Code of 1961, as
12 amended, relating to the offense of reckless homicide. All
13 juvenile court dispositions reported to the Secretary of
14 State under this provision shall be processed by the
15 Secretary of State as if the cases had been adjudicated in
16 traffic or criminal court. However, information reported
17 relative to the offense of reckless homicide, or Section
18 11-501 of this Code, or a similar provision of a local
19 ordinance, shall be privileged and available only to the
20 Secretary of State, courts, and police officers.
21 3. Whenever an order is entered vacating the
22 forfeiture of any bail, security or bond given to secure
23 appearance for any offense under this Code or similar
24 offenses under municipal ordinance, it shall be the duty
25 of the clerk of the court in which such vacation was had
26 or the judge of such court if such court has no clerk,
27 within 10 days thereafter to forward to the Secretary of
28 State a report of the vacation.
29 4. A report of any disposition of court supervision
30 for a violation of Sections 6-303, 11-401, 11-501 or a
31 similar provision of a local ordinance, 11-503 and 11-504
32 shall be forwarded to the Secretary of State. A report of
33 any disposition of court supervision for a violation of
34 an offense defined as a serious traffic violation in this
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1 Code or a similar provision of a local ordinance
2 committed by a person under the age of 21 years shall be
3 forwarded to the Secretary of State.
4 5. Reports of conviction in a computer processible
5 medium shall be forwarded to the Secretary of State via
6 the Supreme Court in the form and format required by the
7 Illinois Supreme Court and established by a written
8 agreement between the Supreme Court and the Secretary of
9 State. In counties with a population over 300,000,
10 instead of forwarding reports to the Supreme Court,
11 reports of conviction in a computer processible medium
12 may be forwarded to the Secretary of State by the Circuit
13 Court Clerk in a form and format required by the
14 Secretary of State and established by written agreement
15 between the Circuit Court Clerk and the Secretary of
16 State. Failure to forward the reports of conviction as
17 required by this Section shall be deemed an omission of
18 duty and it shall be the duty of the several State's
19 Attorneys to enforce the requirements of this Section.
20 (b) Whenever a restricted driving permit is forwarded to
21 a court, as a result of confiscation by a police officer
22 pursuant to the authority in Section 6-113(f), it shall be
23 the duty of the clerk, or judge, if the court has no clerk,
24 to forward such restricted driving permit and a facsimile of
25 the officer's citation to the Secretary of State as
26 expeditiously as practicable.
27 (c) For the purposes of this Code, a forfeiture of bail
28 or collateral deposited to secure a defendant's appearance in
29 court when forfeiture has not been vacated, or the failure of
30 a defendant to appear for trial after depositing his driver's
31 license in lieu of other bail, shall be equivalent to a
32 conviction.
33 (d) For the purpose of providing the Secretary of State
34 with records necessary to properly monitor and assess driver
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1 performance and assist the courts in the proper disposition
2 of repeat traffic law offenders, the clerk of the court shall
3 forward to the Secretary of State, on a form prescribed by
4 the Secretary, records of driver's participation in a driver
5 remedial or rehabilitative program which was required,
6 through a court order or court supervision, in relation to
7 the driver's arrest for a violation of Section 11-501 of this
8 Code or a similar provision of a local ordinance. Such
9 reports shall be sent within 10 days after the driver's
10 referral to such driver remedial or rehabilitative program.
11 Such reports, including those required to be forwarded under
12 subsection 4 of paragraph (a), shall be recorded to the
13 driver's file, but shall not be released to any outside
14 source, except the affected driver, and shall be used only to
15 assist in assessing driver performance and for the purpose of
16 informing the courts that such driver has been previously
17 assigned court supervision or referred to a driver's remedial
18 or rehabilitative program.
19 (Source: P.A. 88-415.)
20 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
21 Sec. 6-205. Mandatory revocation of license or permit;
22 Hardship cases.
23 (a) Except as provided in this Section, the Secretary of
24 State shall immediately revoke the license or permit of any
25 driver upon receiving a report of the driver's conviction of
26 any of the following offenses:
27 1. Reckless homicide resulting from the operation
28 of a motor vehicle;
29 2. Violation of Section 11-501 of this Code or a
30 similar provision of a local ordinance relating to the
31 offense of operating or being in physical control of a
32 vehicle while under the influence of alcohol, other drug,
33 or combination of both;
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1 3. Any felony under the laws of any State or the
2 federal government in the commission of which a motor
3 vehicle was used;
4 4. Violation of Section 11-401 of this Code
5 relating to the offense of leaving the scene of a traffic
6 accident involving death or personal injury;
7 5. Perjury or the making of a false affidavit or
8 statement under oath to the Secretary of State under this
9 Code or under any other law relating to the ownership or
10 operation of motor vehicles;
11 6. Conviction upon 3 charges of violation of
12 Section 11-503 of this Code relating to the offense of
13 reckless driving committed within a period of 12 months;
14 7. Conviction of the offense of automobile theft as
15 defined in Section 4-102 of this Code;
16 8. Violation of Section 11-504 of this Code
17 relating to the offense of drag racing;
18 9. Violation of Chapters 8 and 9 of this Code;
19 10. Violation of Section 12-5 of the Criminal Code
20 of 1961 arising from the use of a motor vehicle;
21 11. Violation of Section 11-204.1 of this Code
22 relating to aggravated fleeing or attempting to elude a
23 police officer;
24 12. Violation of paragraph (1) of subsection (b) of
25 Section 6-507, or a similar law of any other state,
26 relating to the unlawful operation of a commercial motor
27 vehicle;
28 13. Violation of paragraph (a) of Section 11-502 of
29 this Code or a similar provision of a local ordinance if
30 the driver has been previously convicted of a violation
31 of that Section or a similar provision of a local
32 ordinance and the driver was less than 21 years of age at
33 the time of the offense.
34 (b) The Secretary of State shall also immediately revoke
-18- LRB9001187NTsbB
1 the license or permit of any driver in the following
2 situations:
3 1. Of any minor upon receiving the notice provided
4 for in Section 1-8 of the Juvenile Court Act of 1987 that
5 the minor has been adjudicated under that Act as having
6 committed an offense relating to motor vehicles
7 prescribed in Section 4-103 of this Code;
8 2. Of any person when any other law of this State
9 requires either the revocation or suspension of a license
10 or permit.
11 (c) Whenever a person is convicted of any of the
12 offenses enumerated in this Section, the court may recommend
13 and the Secretary of State in his discretion, without regard
14 to whether the recommendation is made by the court, may, upon
15 application, issue to the person a restricted driving permit
16 granting the privilege of driving a motor vehicle between the
17 petitioner's residence and petitioner's place of employment
18 or within the scope of the petitioner's employment related
19 duties, or to allow transportation for the petitioner or a
20 household member of the petitioner's family for the receipt
21 of necessary medical care or, if the professional evaluation
22 indicates, provide transportation for the petitioner for
23 alcohol remedial or rehabilitative activity, or for the
24 petitioner to attend classes, as a student, in an accredited
25 educational institution; if the petitioner is able to
26 demonstrate that no alternative means of transportation is
27 reasonably available and the petitioner will not endanger the
28 public safety or welfare; provided that the Secretary's
29 discretion shall be limited to cases where undue hardship
30 would result from a failure to issue the restricted driving
31 permit. In each case the Secretary of State may issue a
32 restricted driving permit for a period he deems appropriate,
33 except that the permit shall expire within one year from the
34 date of issuance. A restricted driving permit issued under
-19- LRB9001187NTsbB
1 this Section shall be subject to cancellation, revocation,
2 and suspension by the Secretary of State in like manner and
3 for like cause as a driver's license issued under this Code
4 may be cancelled, revoked, or suspended; except that a
5 conviction upon one or more offenses against laws or
6 ordinances regulating the movement of traffic shall be deemed
7 sufficient cause for the revocation, suspension, or
8 cancellation of a restricted driving permit. The Secretary of
9 State may, as a condition to the issuance of a restricted
10 driving permit, require the applicant to participate in a
11 designated driver remedial or rehabilitative program. The
12 Secretary of State is authorized to cancel a restricted
13 driving permit if the permit holder does not successfully
14 complete the program. However, if an individual's driving
15 privileges have been revoked in accordance with paragraph 13
16 of subsection (a) of this Section, no restricted driving
17 permit shall be issued until the individual has served 6
18 months of the revocation period.
19 (d) Whenever a person under the age of 21 is convicted
20 under Section 11-501 of this Code or a similar provision of a
21 local ordinance, the Secretary of State shall revoke the
22 driving privileges of that person. One year after the date
23 of revocation, and upon application, the Secretary of State
24 may, if satisfied that the person applying will not endanger
25 the public safety or welfare, issue a restricted driving
26 permit granting the privilege of driving a motor vehicle only
27 between the hours of 5 a.m. and 9 p.m. or as otherwise
28 provided by this Section for a period of one year. After
29 this one year period, and upon reapplication for a license as
30 provided in Section 6-106, upon payment of the appropriate
31 reinstatement fee provided under paragraph (b) of Section
32 6-118, the Secretary of State, in his discretion, may issue
33 the applicant a license, or extend the restricted driving
34 permit as many times as the Secretary of State deems
-20- LRB9001187NTsbB
1 appropriate, by additional periods of not more than 12 months
2 each, until the applicant attains 21 years of age. A
3 restricted driving permit issued under this Section shall be
4 subject to cancellation, revocation, and suspension by the
5 Secretary of State in like manner and for like cause as a
6 driver's license issued under this Code may be cancelled,
7 revoked, or suspended; except that a conviction upon one or
8 more offenses against laws or ordinances regulating the
9 movement of traffic shall be deemed sufficient cause for the
10 revocation, suspension, or cancellation of a restricted
11 driving permit. Any person under 21 years of age who has a
12 driver's license revoked for a second or subsequent
13 conviction for driving under the influence, prior to the age
14 of 21, shall not be eligible to submit an application for a
15 full reinstatement of driving privileges or a restricted
16 driving permit until age 21 or one additional year from the
17 date of the latest such revocation, whichever is the longer.
18 The revocation periods contained in this subparagraph shall
19 apply to similar out-of-state convictions.
20 (e) This Section is subject to the provisions of the
21 Driver License Compact.
22 (f) Any revocation imposed upon any person under
23 subsections 2 and 3 of paragraph (b) that is in effect on
24 December 31, 1988 shall be converted to a suspension for a
25 like period of time.
26 (g) The Secretary of State shall not issue a restricted
27 driving permit to a person under the age of 16 years whose
28 driving privileges have been revoked under any provisions of
29 this Code.
30 (Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff.
31 1-1-96; 89-626, eff. 8-9-96.)
32 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
33 Sec. 6-206. Discretionary authority to suspend or revoke
-21- LRB9001187NTsbB
1 license or permit; Right to a hearing.
2 (a) The Secretary of State is authorized to suspend or
3 revoke the driving privileges of any person without
4 preliminary hearing upon a showing of the person's records or
5 other sufficient evidence that the person:
6 1. Has committed an offense for which mandatory
7 revocation of a driver's license or permit is required
8 upon conviction;
9 2. Has been convicted of not less than 3 offenses
10 against traffic regulations governing the movement of
11 vehicles committed within any 12 month period. No
12 revocation or suspension shall be entered more than 6
13 months after the date of last conviction;
14 3. Has been repeatedly involved as a driver in
15 motor vehicle collisions or has been repeatedly convicted
16 of offenses against laws and ordinances regulating the
17 movement of traffic, to a degree that indicates lack of
18 ability to exercise ordinary and reasonable care in the
19 safe operation of a motor vehicle or disrespect for the
20 traffic laws and the safety of other persons upon the
21 highway;
22 4. Has by the unlawful operation of a motor vehicle
23 caused or contributed to an accident resulting in death
24 or injury requiring immediate professional treatment in a
25 medical facility or doctor's office to any person, except
26 that any suspension or revocation imposed by the
27 Secretary of State under the provisions of this
28 subsection shall start no later than 6 months after being
29 convicted of violating a law or ordinance regulating the
30 movement of traffic, which violation is related to the
31 accident, or shall start not more than one year after the
32 date of the accident, whichever date occurs later;
33 5. Has permitted an unlawful or fraudulent use of a
34 driver's license, identification card, or permit;
-22- LRB9001187NTsbB
1 6. Has been lawfully convicted of an offense or
2 offenses in another state, including the authorization
3 contained in Section 6-203.1, which if committed within
4 this State would be grounds for suspension or revocation;
5 7. Has refused or failed to submit to an
6 examination provided for by Section 6-207 or has failed
7 to pass the examination;
8 8. Is ineligible for a driver's license or permit
9 under the provisions of Section 6-103;
10 9. Has made a false statement or knowingly
11 concealed a material fact or has used false information
12 or identification in any application for a license,
13 identification card, or permit;
14 10. Has possessed, displayed, or attempted to
15 fraudulently use any license, identification card, or
16 permit not issued to the person;
17 11. Has operated a motor vehicle upon a highway of
18 this State when the person's driving privilege or
19 privilege to obtain a driver's license or permit was
20 revoked or suspended unless the operation was authorized
21 by a judicial driving permit, probationary license to
22 drive, or a restricted driving permit issued under this
23 Code;
24 12. Has submitted to any portion of the application
25 process for another person or has obtained the services
26 of another person to submit to any portion of the
27 application process for the purpose of obtaining a
28 license, identification card, or permit for some other
29 person;
30 13. Has operated a motor vehicle upon a highway of
31 this State when the person's driver's license was invalid
32 under the provisions of Section 6-110. Provided that for
33 the first offense the Secretary of State may suspend the
34 driver's license for not more than 60 days, for the
-23- LRB9001187NTsbB
1 second offense not more than 90 days, and for the third
2 offense not more than one year;
3 14. Has committed a violation of Section 6-301,
4 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
5 14B of the Illinois Identification Card Act;
6 15. Has been convicted of violating Section 21-2 of
7 the Criminal Code of 1961 relating to criminal trespass
8 to vehicles in which case, the suspension shall be for
9 one year;
10 16. Has been convicted of violating Section 11-204
11 of this Code relating to fleeing from a police officer;
12 17. Has refused to submit to a test, or tests, as
13 required under Section 11-501.1 of this Code and the
14 person has not sought a hearing as provided for in
15 Section 11-501.1;
16 18. Has, since issuance of a driver's license or
17 permit, been adjudged to be afflicted with or suffering
18 from any mental disability or disease;
19 19. Has committed a violation of paragraph (a) or
20 (b) of Section 6-101 relating to driving without a
21 driver's license;
22 20. Has been convicted of violating Section 6-104
23 relating to classification of driver's license;
24 21. Has been convicted of violating Section 11-402
25 of this Code relating to leaving the scene of an accident
26 resulting in damage to a vehicle in excess of $1,000, in
27 which case the suspension shall be for one year;
28 22. Has used a motor vehicle in violating paragraph
29 (3), (4), (7), or (9) of subsection (a) of Section 24-1
30 of the Criminal Code of 1961 relating to unlawful use of
31 weapons, in which case the suspension shall be for one
32 year;
33 23. Has, as a driver, been convicted of committing
34 a violation of paragraph (a) of Section 11-502 of this
-24- LRB9001187NTsbB
1 Code for a second or subsequent time within one year of a
2 similar violation;
3 24. Has been convicted by a court-martial or
4 punished by non-judicial punishment by military
5 authorities of the United States at a military
6 installation in Illinois of or for a traffic related
7 offense that is the same as or similar to an offense
8 specified under Section 6-205 or 6-206 of this Code;
9 25. Has permitted any form of identification to be
10 used by another in the application process in order to
11 obtain or attempt to obtain a license, identification
12 card, or permit;
13 26. Has altered or attempted to alter a license or
14 has possessed an altered license, identification card, or
15 permit;
16 27. Has violated Section 6-16 of the Liquor Control
17 Act of 1934;
18 28. Has been convicted of the illegal possession,
19 while operating or in actual physical control, as a
20 driver, of a motor vehicle, of any controlled substance
21 prohibited under the Illinois Controlled Substances Act
22 or any cannabis prohibited under the provisions of the
23 Cannabis Control Act, in which case the person's driving
24 privileges shall be suspended for one year, and any
25 driver who is convicted of a second or subsequent
26 offense, within 5 years of a previous conviction, for the
27 illegal possession, while operating or in actual physical
28 control, as a driver, of a motor vehicle, of any
29 controlled substance prohibited under the provisions of
30 the Illinois Controlled Substances Act or any cannabis
31 prohibited under the Cannabis Control Act shall be
32 suspended for 5 years. Any defendant found guilty of this
33 offense while operating a motor vehicle, shall have an
34 entry made in the court record by the presiding judge
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1 that this offense did occur while the defendant was
2 operating a motor vehicle and order the clerk of the
3 court to report the violation to the Secretary of State;
4 29. Has been convicted of the following offenses
5 that were committed while the person was operating or in
6 actual physical control, as a driver, of a motor vehicle:
7 criminal sexual assault, predatory criminal sexual
8 assault of a child, aggravated criminal sexual assault,
9 criminal sexual abuse, aggravated criminal sexual abuse,
10 juvenile pimping, soliciting for a juvenile prostitute
11 and the manufacture, sale or delivery of controlled
12 substances or instruments used for illegal drug use or
13 abuse in which case the driver's driving privileges shall
14 be suspended for one year;
15 30. Has been convicted a second or subsequent time
16 for any combination of the offenses named in paragraph 29
17 of this subsection, in which case the person's driving
18 privileges shall be suspended for 5 years;
19 31. Beginning on January 1, 1991, has refused to
20 submit to a test as required by Section 11-501.6 or has
21 submitted to a test resulting in an alcohol concentration
22 of 0.10 or more or any amount of a drug, substance, or
23 compound resulting from the unlawful use or consumption
24 of cannabis as listed in the Cannabis Control Act or a
25 controlled substance as listed in the Illinois Controlled
26 Substances Act in which case the penalty shall be as
27 prescribed in Section 6-208.1;
28 32. Has been convicted of Section 24-1.2 of the
29 Criminal Code of 1961 relating to the aggravated
30 discharge of a firearm if the offender was located in a
31 motor vehicle at the time the firearm was discharged, in
32 which case the suspension shall be for 3 years; or
33 33. Has as a driver, who was less than 21 years of
34 age on the date of the offense, been convicted a first
-26- LRB9001187NTsbB
1 time of a violation of paragraph (a) of Section 11-502 of
2 this Code or a similar provision of a local ordinance;
3 or.
4 34. Is under the age of 21 years at the time of
5 arrest and has been convicted of not less than 2
6 offenses against traffic regulations governing the
7 movement of vehicles committed within any 24 month
8 period. No revocation or suspension shall be entered
9 more than 6 months after the date of last conviction.
10 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
11 and 27 of this subsection, license means any driver's
12 license, any traffic ticket issued when the person's driver's
13 license is deposited in lieu of bail, a suspension notice
14 issued by the Secretary of State, a duplicate or corrected
15 driver's license, a probationary driver's license or a
16 temporary driver's license.
17 (b) If any conviction forming the basis of a suspension
18 or revocation authorized under this Section is appealed, the
19 Secretary of State may rescind or withhold the entry of the
20 order of suspension or revocation, as the case may be,
21 provided that a certified copy of a stay order of a court is
22 filed with the Secretary of State. If the conviction is
23 affirmed on appeal, the date of the conviction shall relate
24 back to the time the original judgment of conviction was
25 entered and the 6 month limitation prescribed shall not
26 apply.
27 (c) 1. Upon suspending or revoking the driver's license
28 or permit of any person as authorized in this Section,
29 the Secretary of State shall immediately notify the
30 person in writing of the revocation or suspension. The
31 notice to be deposited in the United States mail, postage
32 prepaid, to the last known address of the person.
33 2. If the Secretary of State suspends the driver's
34 license of a person under subsection 2 of paragraph (a)
-27- LRB9001187NTsbB
1 of this Section, a person's privilege to operate a
2 vehicle as an occupation shall not be suspended, provided
3 an affidavit is properly completed, the appropriate fee
4 received, and a permit issued prior to the effective date
5 of the suspension, unless 5 offenses were committed, at
6 least 2 of which occurred while operating a commercial
7 vehicle in connection with the driver's regular
8 occupation. All other driving privileges shall be
9 suspended by the Secretary of State. Any driver prior to
10 operating a vehicle for occupational purposes only must
11 submit the affidavit on forms to be provided by the
12 Secretary of State setting forth the facts of the
13 person's occupation. The affidavit shall also state the
14 number of offenses committed while operating a vehicle in
15 connection with the driver's regular occupation. The
16 affidavit shall be accompanied by the driver's license.
17 Upon receipt of a properly completed affidavit, the
18 Secretary of State shall issue the driver a permit to
19 operate a vehicle in connection with the driver's regular
20 occupation only. Unless the permit is issued by the
21 Secretary of State prior to the date of suspension, the
22 privilege to drive any motor vehicle shall be suspended
23 as set forth in the notice that was mailed under this
24 Section. If an affidavit is received subsequent to the
25 effective date of this suspension, a permit may be issued
26 for the remainder of the suspension period.
27 The provisions of this subparagraph shall not apply
28 to any driver required to obtain a commercial driver's
29 license under Section 6-507 during the period of a
30 disqualification of commercial driving privileges under
31 Section 6-514.
32 Any person who falsely states any fact in the
33 affidavit required herein shall be guilty of perjury
34 under Section 6-302 and upon conviction thereof shall
-28- LRB9001187NTsbB
1 have all driving privileges revoked without further
2 rights.
3 3. At the conclusion of a hearing under Section
4 2-118 of this Code, the Secretary of State shall either
5 rescind or continue an order of revocation or shall
6 substitute an order of suspension; or, good cause
7 appearing therefor, rescind, continue, change, or extend
8 the order of suspension. If the Secretary of State does
9 not rescind the order, the Secretary may upon
10 application, to relieve undue hardship, issue a
11 restricted driving permit granting the privilege of
12 driving a motor vehicle between the petitioner's
13 residence and petitioner's place of employment or within
14 the scope of his employment related duties, or to allow
15 transportation for the petitioner, or a household member
16 of the petitioner's family, to receive necessary medical
17 care and if the professional evaluation indicates,
18 provide transportation for alcohol remedial or
19 rehabilitative activity, or for the petitioner to attend
20 classes, as a student, in an accredited educational
21 institution; if the petitioner is able to demonstrate
22 that no alternative means of transportation is reasonably
23 available and the petitioner will not endanger the public
24 safety or welfare. In each case the Secretary may issue a
25 restricted driving permit for a period deemed
26 appropriate, except that all permits shall expire within
27 one year from the date of issuance. A restricted driving
28 permit issued under this Section shall be subject to
29 cancellation, revocation, and suspension by the Secretary
30 of State in like manner and for like cause as a driver's
31 license issued under this Code may be cancelled, revoked,
32 or suspended; except that a conviction upon one or more
33 offenses against laws or ordinances regulating the
34 movement of traffic shall be deemed sufficient cause for
-29- LRB9001187NTsbB
1 the revocation, suspension, or cancellation of a
2 restricted driving permit. The Secretary of State may, as
3 a condition to the issuance of a restricted driving
4 permit, require the applicant to participate in a
5 designated driver remedial or rehabilitative program. The
6 Secretary of State is authorized to cancel a restricted
7 driving permit if the permit holder does not successfully
8 complete the program.
9 (c-5) The Secretary of State may, as a condition of the
10 reissuance of a driver's license or permit to an applicant
11 under the age of 18 years whose driver's license or permit
12 has been suspended pursuant to any of the provisions of this
13 Section, require the applicant to participate in a driver
14 remedial education course and be retested under Section 6-109
15 of this Code.
16 (d) This Section is subject to the provisions of the
17 Drivers License Compact.
18 (e) The Secretary of State shall not issue a restricted
19 driving permit to a person under the age of 16 years whose
20 driving privileges have been suspended or revoked under any
21 provisions of this Code.
22 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
23 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
24 5-29-96.)
25 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
26 Sec. 6-206.1. Judicial Driving Permit. Declaration of
27 Policy. It is hereby declared a policy of the State of
28 Illinois that the driver who is impaired by alcohol or other
29 drugs is a threat to the public safety and welfare.
30 Therefore, to provide a deterrent to such practice and to
31 remove problem drivers from the highway, a statutory summary
32 driver's license suspension is appropriate. It is also
33 recognized that driving is a privilege and therefore, that in
-30- LRB9001187NTsbB
1 some cases the granting of limited driving privileges, where
2 consistent with public safety, is warranted during the period
3 of suspension in the form of a judicial driving permit to
4 drive for the purpose of employment, receiving drug treatment
5 or medical care, and educational pursuits, where no
6 alternative means of transportation is available.
7 The following procedures shall apply whenever a first
8 offender is arrested for any offense as defined in Section
9 11-501 or a similar provision of a local ordinance:
10 (a) Subsequent to a notification of a statutory summary
11 suspension of driving privileges as provided in Section
12 11-501.1, the first offender as defined in Section 11-500 may
13 petition the circuit court of venue for a Judicial Driving
14 Permit, hereinafter referred as a JDP, to relieve undue
15 hardship. The court may issue a court order, pursuant to
16 the criteria contained in this Section, directing the
17 Secretary of State to issue such a JDP to the petitioner. A
18 JDP shall not become effective prior to the 31st day of the
19 original statutory summary suspension and shall always be
20 subject to the following criteria:
21 1. If ordered for the purposes of employment, the
22 JDP shall be only for the purpose of providing the
23 petitioner the privilege of driving a motor vehicle
24 between the petitioner's residence and the petitioner's
25 place of employment and return; or within the scope of
26 the petitioner's employment related duties, shall be
27 effective only during and limited to those specific times
28 and routes actually required to commute or perform the
29 petitioner's employment related duties.
30 2. The court, by a court order, may also direct the
31 Secretary of State to issue a JDP to allow transportation
32 for the petitioner, or a household member of the
33 petitioner's family, to receive alcohol or other drug
34 treatment or medical care, if the petitioner is able to
-31- LRB9001187NTsbB
1 demonstrate that no alternative means of transportation
2 is reasonably available. Such JDP shall be effective only
3 during the specific times actually required to commute.
4 3. The court, by a court order, may also direct the
5 Secretary of State to issue a JDP to allow transportation
6 by the petitioner for educational purposes upon
7 demonstrating that there are no alternative means of
8 transportation reasonably available to accomplish those
9 educational purposes. Such JDP shall be only for the
10 purpose of providing transportation to and from the
11 petitioner's residence and the petitioner's place of
12 educational activity, and only during the specific times
13 and routes actually required to commute or perform the
14 petitioner's educational requirement.
15 4. The Court shall not issue an order granting a
16 JDP to:
17 (i) Any person unless and until the court,
18 after considering the results of a current
19 professional evaluation of the person's alcohol or
20 other drug use by an agency pursuant to Section
21 15-10 of the Alcoholism and Other Drug Abuse and
22 Dependency Act and other appropriate investigation
23 of the person, is satisfied that granting the
24 privilege of driving a motor vehicle on the highways
25 will not endanger the public safety or welfare.
26 (ii) Any person who has been convicted of
27 reckless homicide within the previous 5 years.
28 (iii) Any person whose privilege to operate a
29 motor vehicle was invalid at the time of arrest for
30 the current violation of Section 11-501, or a
31 similar provision of a local ordinance, except in
32 cases where the cause for a driver's license
33 suspension has been removed at the time a JDP is
34 effective. In any case, should the Secretary of
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1 State enter a suspension or revocation of driving
2 privileges pursuant to the provisions of this Code
3 while the JDP is in effect or pending, the Secretary
4 shall take the prescribed action and provide a
5 notice to the person and the court ordering the
6 issuance of the JDP that all driving privileges,
7 including those provided by the issuance of the JDP,
8 have been withdrawn.
9 (iv) Any person under the age of 18 years.
10 (b) Prior to ordering the issuance of a JDP the Court
11 should consider at least, but not be limited to, the
12 following issues:
13 1. Whether the person is employed and no other
14 means of commuting to the place of employment is
15 available or that the person must drive as a condition of
16 employment. The employer shall certify the hours of
17 employment and the need and parameters necessary for
18 driving as a condition to employment.
19 2. Whether the person must drive to secure alcohol
20 or other medical treatment for himself or a family
21 member.
22 3. Whether the person must drive for educational
23 purposes. The educational institution shall certify the
24 person's enrollment in and academic schedule at the
25 institution.
26 4. Whether the person has been repeatedly convicted
27 of traffic violations or involved in motor vehicle
28 accidents to a degree which indicates disrespect for
29 public safety.
30 5. Whether the person has been convicted of a
31 traffic violation in connection with a traffic accident
32 resulting in the death of any person within the last 5
33 years.
34 6. Whether the person is likely to obey the limited
-33- LRB9001187NTsbB
1 provisions of the JDP.
2 7. Whether the person has any additional traffic
3 violations pending in any court.
4 For purposes of this Section, programs conducting
5 professional evaluations of a person's alcohol or other drug
6 use must report, to the court of venue, using a form
7 prescribed by the Secretary of State. A copy of such
8 evaluations shall be sent to the Secretary of State by the
9 court. However, the evaluation information shall be
10 privileged and only available to courts and to the Secretary
11 of State, but shall not be admissible in the subsequent trial
12 on the underlying charge.
13 (c) The scope of any court order issued for a JDP under
14 this Section shall be limited to the operation of a motor
15 vehicle as provided for in subsection (a) of this Section and
16 shall specify the petitioner's residence, place of employment
17 or location of educational institution, and the scope of job
18 related duties, if relevant. The JDP shall also specify days
19 of the week and specific hours of the day when the petitioner
20 is able to exercise the limited privilege of operating a
21 motor vehicle. If the Petitioner, who has been granted a JDP,
22 is issued a citation for a traffic related offense, including
23 operating a motor vehicle outside the limitations prescribed
24 in the JDP or a violation of Section 6-303, or is convicted
25 of any such an offense during the term of the JDP, the court
26 shall consider cancellation of the limited driving permit.
27 In any case, if the Petitioner commits an offense, as defined
28 in Section 11-501, or a similar provision of a local
29 ordinance, as evidenced by the issuance of a Uniform Traffic
30 Ticket, the JDP shall be forwarded by the court of venue to
31 the court ordering the issuance of the JDP, for cancellation.
32 The court shall notify the Secretary of State of any such
33 cancellation.
34 (d) The Secretary of State shall, upon receiving a court
-34- LRB9001187NTsbB
1 order from the court of venue, issue a JDP to a successful
2 Petitioner under this Section. Such court order form shall
3 also contain a notification, which shall be sent to the
4 Secretary of State, providing the name, driver's license
5 number and legal address of the successful petitioner, and
6 the full and detailed description of the limitations of the
7 JDP. This information shall be available only to the courts,
8 police officers, and the Secretary of State, except during
9 the actual period the JDP is valid, during which time it
10 shall be a public record. The Secretary of State shall design
11 and furnish to the courts an official court order form to be
12 used by the courts when directing the Secretary of State to
13 issue a JDP.
14 Any submitted court order that contains insufficient data
15 or fails to comply with this Code shall not be utilized for
16 JDP issuance or entered to the driver record but shall be
17 returned to the issuing court indicating why the JDP cannot
18 be so entered. A notice of this action shall also be sent to
19 the JDP petitioner by the Secretary of State.
20 (e) The circuit court of venue may conduct the judicial
21 hearing, as provided in Section 2-118.1, and the JDP hearing
22 provided in this Section, concurrently. Such concurrent
23 hearing shall proceed in the court in the same manner as in
24 other civil proceedings.
25 (Source: P.A. 88-670, eff. 12-2-94.)
26 (625 ILCS 5/7-702.1)
27 Sec. 7-702.1. Family financial responsibility driving
28 permits. Following the entry of an order that an obligor has
29 been found in contempt by the court for failure to pay court
30 ordered child support payments, the court may enter an order
31 directing the Secretary of State to issue a family financial
32 responsibility driving permit for the purpose of providing
33 the obligor the privilege of operating a motor vehicle
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1 between the obligor's residence and place of employment, or
2 within the scope of employment related duties; or for the
3 purpose of providing transportation for the obligor or a
4 household member to receive alcohol treatment, other drug
5 treatment, or medical care. The court may enter an order
6 directing the issuance of a permit only if the obligor has
7 proven to the satisfaction of the court that no alternative
8 means of transportation are reasonably available for the
9 above stated purposes. No permit shall be issued to a person
10 under the age of 16 years who possesses an instruction
11 permit.
12 Upon entry of an order granting the issuance of a permit
13 to an obligor, the court shall report this finding to the
14 Secretary of State on a form prescribed by the Secretary.
15 This form shall state whether the permit has been granted for
16 employment or medical purposes and the specific days and
17 hours for which limited driving privileges have been granted.
18 The family financial responsibility driving permit shall
19 be subject to cancellation, invalidation, suspension, and
20 revocation by the Secretary of State in the same manner and
21 for the same reasons as a driver's license may be cancelled,
22 invalidated, suspended, or revoked.
23 The Secretary of State shall, upon receipt of a certified
24 court order from the court of jurisdiction, issue a family
25 financial responsibility driving permit. In order for this
26 permit to be issued, an individual's driving privileges must
27 be valid except for the family financial responsibility
28 suspension. This permit shall be valid only for employment
29 and medical purposes as set forth above. The permit shall
30 state the days and hours for which limited driving privileges
31 have been granted.
32 Any submitted court order that contains insufficient data
33 or fails to comply with any provision of this Code shall not
34 be used for issuance of the permit or entered to the
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1 individual's driving record but shall be returned to the
2 court of jurisdiction indicating why the permit cannot be
3 issued at that time. The Secretary of State shall also send
4 notice of the return of the court order to the individual
5 requesting the permit.
6 (Source: P.A. 89-92, eff. 7-1-96.)
7 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
8 Sec. 12-603. Seat safety belts.
9 (a) No person shall sell any 1965 or later model motor
10 vehicle of the first division unless the front seat of such
11 motor vehicle is equipped with 2 sets of seat safety belts.
12 Motorcycles are exempted from the provisions of this Section.
13 (b) No person shall operate any 1965 or later model
14 motor vehicle of the first division that is titled or
15 licensed by the Secretary of State unless the front seat of
16 such motor vehicle is equipped with 2 sets of seat safety
17 belts.
18 (b-5) No person under the age of 18 years shall operate
19 any motor vehicle of the first division that is titled or
20 licensed by the Secretary of State with more than one
21 passenger in the front seat of the motor vehicle and no more
22 passengers in the back seats than the number of available
23 seat safety belts.
24 (c) As used in this Section, "seat safety belts" means a
25 set of belts or a harness meeting the specifications
26 established by the Department and installed in such manner as
27 to prevent or materially reduce the movement of the person
28 using the same in the event of collision or upset of the
29 vehicle.
30 (d) The Department shall establish performance
31 specifications for seat safety belts and for the attachment
32 and installation thereof.
33 (Source: P.A. 89-120, eff. 7-7-95.)
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1 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
2 Sec. 12-603.1. Driver and passenger required to use
3 safety belts, exceptions and penalty.
4 (a) Each driver and front seat passenger of a motor
5 vehicle operated on a street or highway in this State shall
6 wear a properly adjusted and fastened seat safety belt;
7 except that, a child less than 6 years of age shall be
8 protected as required pursuant to the Child Passenger
9 Protection Act. Each driver under the age of 18 years and
10 each of the driver's passengers under the age of 18 years of
11 a motor vehicle operated on a street or highway in this State
12 shall wear a properly adjusted and fastened seat safety belt.
13 Each driver of a motor vehicle transporting a child 6 years
14 of age or more, but less than 16 years of age, in the front
15 seat of the motor vehicle shall secure the child in a
16 properly adjusted and fastened seat safety belt.
17 (b) Paragraph (a) shall not apply to any of the
18 following:
19 1. A driver or passenger frequently stopping and leaving
20 the vehicle or delivering property from the vehicle, if the
21 speed of the vehicle between stops does not exceed 15 miles
22 per hour.
23 2. A driver or passenger possessing a written statement
24 from a physician that such person is unable, for medical or
25 physical reasons, to wear a seat safety belt.
26 3. A driver or passenger possessing an official
27 certificate or license endorsement issued by the appropriate
28 agency in another state or country indicating that the driver
29 is unable for medical, physical, or other valid reasons to
30 wear a seat safety belt.
31 4. A driver operating a motor vehicle in reverse.
32 5. A motor vehicle with a model year prior to 1965.
33 6. A motorcycle or motor driven cycle.
34 7. A motorized pedalcycle.
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1 8. A motor vehicle which is not required to be equipped
2 with seat safety belts under federal law.
3 9. A motor vehicle operated by a rural letter carrier of
4 the United States postal service while performing duties as a
5 rural letter carrier.
6 (c) Failure to wear a seat safety belt in violation of
7 this Section shall not be considered evidence of negligence,
8 shall not limit the liability of an insurer, and shall not
9 diminish any recovery for damages arising out of the
10 ownership, maintenance, or operation of a motor vehicle.
11 (d) A violation of this Section shall be a petty offense
12 and subject to a fine not to exceed $55 $25.
13 (e) No motor vehicle, or driver or passenger of such
14 vehicle, shall be stopped or searched by any law enforcement
15 officer solely on the basis of a violation or suspected
16 violation of this Section. This provision only applies to
17 drivers or passengers who are 18 years of age and older.
18 (Source: P.A. 85-291.)
19 Section 10. The Child Passenger Protection Act is
20 amended by adding Section 4b as follows:
21 (625 ILCS 25/4b new)
22 Sec. 4b. Children 6 years of age or older but under the
23 age of 18; seat belts. Every person under the age of 18
24 years, when transporting a child 6 years of age or older but
25 under the age of 18 years, as provided in Section 4 of this
26 Act, shall be responsible for securing that child in a
27 properly adjusted and fastened seat safety belt.
28 Section 15. The Unified Code of Correction is amended by
29 changing Section 5-6-1 as follows:
30 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
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1 Sec. 5-6-1. Sentences of Probation and of Conditional
2 Discharge and Disposition of Supervision. The General
3 Assembly finds that in order to protect the public, the
4 criminal justice system must compel compliance with the
5 conditions of probation by responding to violations with
6 swift, certain and fair punishments and intermediate
7 sanctions. The Chief Judge of each circuit shall adopt a
8 system of structured, intermediate sanctions for violations
9 of the terms and conditions of a sentence of probation,
10 conditional discharge or disposition of supervision.
11 (a) Except where specifically prohibited by other
12 provisions of this Code, the court shall impose a sentence of
13 probation or conditional discharge upon an offender unless,
14 having regard to the nature and circumstance of the offense,
15 and to the history, character and condition of the offender,
16 the court is of the opinion that:
17 (1) his imprisonment or periodic imprisonment is
18 necessary for the protection of the public; or
19 (2) probation or conditional discharge would
20 deprecate the seriousness of the offender's conduct and
21 would be inconsistent with the ends of justice.
22 The court shall impose as a condition of a sentence of
23 probation, conditional discharge, or supervision, that the
24 probation agency may invoke any sanction from the list of
25 intermediate sanctions adopted by the chief judge of the
26 circuit court for violations of the terms and conditions of
27 the sentence of probation, conditional discharge, or
28 supervision, subject to the provisions of Section 5-6-4 of
29 this Act.
30 (b) The court may impose a sentence of conditional
31 discharge for an offense if the court is of the opinion that
32 neither a sentence of imprisonment nor of periodic
33 imprisonment nor of probation supervision is appropriate.
34 (c) The court may, upon a plea of guilty or a
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1 stipulation by the defendant of the facts supporting the
2 charge or a finding of guilt, defer further proceedings and
3 the imposition of a sentence, and enter an order for
4 supervision of the defendant, if the defendant is not charged
5 with a Class A misdemeanor, as defined by the following
6 provisions of the Criminal Code of 1961: Sections 12-3.2;
7 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
8 21-1; paragraph (1) through (5), (8), (10), and (11) of
9 subsection (a) of Section 24-1; and Section 1 of the Boarding
10 Aircraft With Weapon Act; or a felony. If the defendant is
11 not barred from receiving an order for supervision as
12 provided in this subsection, the court may enter an order for
13 supervision after considering the circumstances of the
14 offense, and the history, character and condition of the
15 offender, if the court is of the opinion that:
16 (1) the offender is not likely to commit further
17 crimes;
18 (2) the defendant and the public would be best
19 served if the defendant were not to receive a criminal
20 record; and
21 (3) in the best interests of justice an order of
22 supervision is more appropriate than a sentence otherwise
23 permitted under this Code.
24 (d) The provisions of paragraph (c) shall not apply to a
25 defendant charged with violating Section 11-501 of the
26 Illinois Vehicle Code or a similar provision of a local
27 ordinance when the defendant has previously been:
28 (1) convicted for a violation of Section 11-501 of
29 the Illinois Vehicle Code or a similar provision of a
30 local ordinance; or
31 (2) assigned supervision for a violation of Section
32 11-501 of the Illinois Vehicle Code or a similar provision of
33 a local ordinance; or
34 (3) pleaded guilty to or stipulated to the facts
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1 supporting a charge or a finding of guilty to a violation
2 of Section 11-503 of the Illinois Vehicle Code or a
3 similar provision of a local ordinance, and the plea or
4 stipulation was the result of a plea agreement.
5 The court shall consider the statement of the prosecuting
6 authority with regard to the standards set forth in this
7 Section.
8 (e) The provisions of paragraph (c) shall not apply to a
9 defendant charged with violating Section 16A-3 of the
10 Criminal Code of 1961 if said defendant has within the last 5
11 years been:
12 (1) convicted for a violation of Section 16A-3 of
13 the Criminal Code of 1961; or
14 (2) assigned supervision for a violation of Section
15 16A-3 of the Criminal Code of 1961.
16 The court shall consider the statement of the prosecuting
17 authority with regard to the standards set forth in this
18 Section.
19 (f) The provisions of paragraph (c) shall not apply to a
20 defendant charged with violating Sections 15-111, 15-112,
21 15-301, paragraph (b) of Section 6-104, Section 11-605, or
22 Section 11-1414 of the Illinois Vehicle Code or a similar
23 provision of a local ordinance.
24 (g) The provisions of paragraph (c) shall not apply to a
25 defendant charged with violating Section 3-707, 3-708, 3-710,
26 or 5-401.3 of the Illinois Vehicle Code or a similar
27 provision of a local ordinance if the defendant has within
28 the last 5 years been:
29 (1) convicted for a violation of Section 3-707,
30 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
31 a similar provision of a local ordinance; or
32 (2) assigned supervision for a violation of Section
33 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
34 Code or a similar provision of a local ordinance.
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1 The court shall consider the statement of the prosecuting
2 authority with regard to the standards set forth in this
3 Section.
4 (h) The provisions of paragraph (c) shall not apply to a
5 defendant charged with violating a serious traffic offense
6 as defined in the Illinois Vehicle Code or a similar
7 provision of a local ordinance if:
8 (1) the defendant is under the age of 18 years;
9 (2) the defendant is between the ages of 18 and 20
10 years who has previously been sentenced under the
11 provisions of paragraph (c) for any serious traffic
12 offense as defined in the Illinois Vehicle Code or a
13 similar provision of a local ordinance; or
14 (3) the defendant is between the ages of 18 and 20
15 years who has previously been convicted of an offense
16 defined as a serious traffic offense in the Illinois
17 Vehicle Code or a similar provision of a local ordinance
18 or state.
19 (Source: P.A. 88-250; 89-198, eff. 7-21-95; 89-210, eff.
20 8-2-95; 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
21 Section 99. Effective date. This Act takes effect
22 January 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 625 ILCS 5/1-187.001 new
5 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
6 625 ILCS 5/6-105 from Ch. 95 1/2, par. 6-105
7 625 ILCS 5/6-107 from Ch. 95 1/2, par. 6-107
8 625 ILCS 5/6-107.1 new
9 625 ILCS 5/6-107.2 new
10 625 ILCS 5/6-107.3 new
11 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
12 625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
13 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
14 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
15 625 ILCS 5/7-702.1
16 625 ILCS 5/12-603 from Ch. 95 1/2, par. 12-603
17 625 ILCS 5/12-603.1 from Ch. 95 1/2, par. 12-603.1
18 625 ILCS 25/4b new
19 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1