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90_SB0950enr
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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
SB950 Enrolled 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 Section 6-101 relating to
22 operating a motor vehicle without a valid license or
23 permit;
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 30 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 subsection (b) of Section
7 11-707, relating to driving on the left side of a
8 roadway in a no-passing zone;
9 (11) a violation of subsection (e) of Section
10 11-1002, relating to failure to yield the right-of-way to
11 a pedestrian at an intersection;
12 (12) a violation of Section 11-1008, relating to
13 failure to yield to a pedestrian on a sidewalk; or
14 (13) a violation of Section 11-1201, relating to
15 failure to stop for an approaching railroad train or
16 signals; or
17 (b) Any other similar violation of a law or local
18 ordinance of any state relating to motor vehicle traffic
19 control, other than a parking violation.
20 (c) A violation of any of these defined serious traffic
21 offenses shall not preclude the defendant from being eligible
22 to receive an order of court supervision under Section 5-6-1
23 of the Unified Code of Corrections.
24 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
25 Sec. 6-103. What persons shall not be licensed as drivers
26 or granted permits. The Secretary of State shall not issue,
27 renew, or allow the retention of any driver's license nor
28 issue any permit under this Code:
29 1. To any person, as a driver, who is under the age
30 of 18 years except as provided in Section 6-107, and
31 except that an instruction permit may be issued under
32 paragraphs (a) and (b) of Section 6-105 to a child who is
33 not less than 15 years of age if the child is enrolled in
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1 an approved driver education course as defined in Section
2 1-103 of this Code and requires an instruction permit to
3 participate therein, except that an instruction permit
4 may be issued under the provisions of Section 6-107.1 to
5 a child who is 17 years and 9 months of age without the
6 child having enrolled in an approved driver education
7 course and except that an instruction permit may be
8 issued to a child who is at least 15 years and 6 months
9 of age, is enrolled in school, meets the educational
10 requirements of the Driver Education Act, and has passed
11 examinations the Secretary of State in his or her
12 discretion may prescribe;
13 2. To any person who is under the age of 18 as an
14 operator of a motorcycle other than a motor driven cycle
15 unless the person has, in addition to meeting the
16 provisions of Section 6-107 of this Code, completed a
17 motorcycle training course approved by the Illinois
18 Department of Transportation and successfully completes
19 the required Secretary of State's motorcycle driver's
20 examination;
21 3. To any person, as a driver, whose driver's
22 license or permit has been suspended, during the
23 suspension, nor to any person whose driver's license or
24 permit has been revoked, except as provided in Sections
25 6-205, 6-206, and 6-208;
26 4. To any person, as a driver, who is a user of
27 alcohol or any other drug to a degree that renders the
28 person incapable of safely driving a motor vehicle;
29 5. To any person, as a driver, who has previously
30 been adjudged to be afflicted with or suffering from any
31 mental or physical disability or disease and who has not
32 at the time of application been restored to competency by
33 the methods provided by law;
34 6. To any person, as a driver, who is required by
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1 the Secretary of State to submit an alcohol and drug
2 evaluation or take an examination provided for in this
3 Code unless the person has successfully passed the
4 examination and submitted any required evaluation;
5 7. To any person who is required under the
6 provisions of the laws of this State to deposit security
7 or proof of financial responsibility and who has not
8 deposited the security or proof;
9 8. To any person when the Secretary of State has
10 good cause to believe that the person by reason of
11 physical or mental disability would not be able to safely
12 operate a motor vehicle upon the highways, unless the
13 person shall furnish to the Secretary of State a verified
14 written statement, acceptable to the Secretary of State,
15 from a competent medical specialist to the effect that
16 the operation of a motor vehicle by the person would not
17 be inimical to the public safety;
18 9. To any person, as a driver, who is 69 years of
19 age or older, unless the person has successfully complied
20 with the provisions of Section 6-109;
21 10. To any person convicted, within 12 months of
22 application for a license, of any of the sexual offenses
23 enumerated in paragraph 2 of subsection (b) of Section
24 6-205;
25 11. To any person who is under the age of 21 years
26 with a classification prohibited in paragraph (b) of
27 Section 6-104 and to any person who is under the age of
28 18 years with a classification prohibited in paragraph
29 (c) of Section 6-104; or
30 12. To any person who has been either convicted of
31 or adjudicated under the Juvenile Court Act of 1987 based
32 upon a violation of the Cannabis Control Act or the
33 Illinois Controlled Substances Act while that person was
34 in actual physical control of a motor vehicle. For
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1 purposes of this Section, any person placed on probation
2 under Section 10 of the Cannabis Control Act or Section
3 410 of the Illinois Controlled Substances Act shall not
4 be considered convicted. Any person found guilty of this
5 offense, while in actual physical control of a motor
6 vehicle, shall have an entry made in the court record by
7 the judge that this offense did occur while the person
8 was in actual physical control of a motor vehicle and
9 order the clerk of the court to report the violation to
10 the Secretary of State as such. The Secretary of State
11 shall not issue a new license or permit for a period of
12 one year; or.
13 13. To any person who is under the age of 18 years
14 and who has committed the offense of operating a motor
15 vehicle without a valid license or permit in violation of
16 Section 6-101.
17 The Secretary of State shall retain all conviction
18 information, if the information is required to be held
19 confidential under the Juvenile Court Act of 1987.
20 (Source: P.A. 87-1114; 88-212.)
21 (625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
22 Sec. 6-105. Instruction permits and temporary licenses
23 for persons 18 years of age or older.
24 (a) Except as provided in this Section, the Secretary of
25 State upon receiving proper application and payment of the
26 required fee may issue an instruction permit to any person 18
27 years of age or older who is not ineligible for a license
28 under paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after
29 the applicant has successfully passed such examination as the
30 Secretary of State in his discretion may prescribe.
31 1. An instruction permit entitles the holder while
32 having the permit in his immediate possession to drive a
33 motor vehicle, excluding a motor driven cycle or motorcycle,
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1 upon the highways for a period of 12 months after the date of
2 its issuance when accompanied by a licensed driver who is 21
3 years of age or older, who has had a valid driver's license
4 classification to operate such vehicle for at least one year
5 and has had one year of driving experience with such
6 classification and who is occupying a seat beside the driver.
7 2. A 12 month instruction permit for a motor driven
8 cycle or motorcycle may be issued to a person 18 16 years of
9 age or more, and entitles the holder to drive upon the
10 highways during daylight under the direct supervision of a
11 licensed motor driven cycle operator or motorcycle operator
12 with the same or greater classification, who is 21 years of
13 age or older and who has at least one year of driving
14 experience.
15 3. (Blank). A 12 month instruction permit for a
16 motorcycle other than a motor driven cycle may be issued to a
17 person 18 years of age or more, or to a person who is at
18 least 16 years of age in accordance with the provisions of
19 paragraph 2 of Section 6-103, and entitles a holder to drive
20 upon the highways during daylight under the direct
21 supervision of a licensed motorcycle operator.
22 (b) (Blank). An instruction permit issued hereunder when
23 issued to a minor enrolled in a driver education program as
24 provided in this Code, shall be restricted, by the Secretary
25 of State, to the operation of a motor vehicle by the minor
26 only when accompanied by the adult instructor of the program
27 during enrollment therein or when practicing with a parent,
28 legal guardian or person in loco parentis who has a license
29 classification to operate such vehicle and at least one year
30 of driving experience and who is occupying a seat beside the
31 driver. After successful completion of the driver education
32 program and before qualifying for a driver's license, the
33 minor shall be restricted to the operation of a motor vehicle
34 only when accompanied by a person who has a license
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1 classification to operate such vehicle and at least one year
2 of driving experience and who is occupying a seat beside the
3 driver.
4 (c) The Secretary of State may issue a temporary
5 driver's license to an applicant for a license permitting the
6 operation of a motor vehicle while the Secretary is
7 completing an investigation and determination of all facts
8 relative to such applicant's eligibility to receive such
9 license, or for any other reason prescribed by rule or
10 regulation promulgated by the Secretary of State. Such
11 permit must be in the applicant's immediate possession while
12 operating a motor vehicle, and it shall be invalid when the
13 applicant's driver's license has been issued or for good
14 cause has been refused. In each case the Secretary of State
15 may issue the temporary driver's license for such period as
16 appropriate but in no event for longer than 90 days.
17 (Source: P.A. 85-522.)
18 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
19 Sec. 6-107. Graduated license.
20 (a) The purpose of the Graduated Licensing Program is
21 to develop safe and mature driving habits in young,
22 inexperienced drivers and reduce or prevent motor vehicle
23 accidents, fatalities, and injuries by:
24 (1) providing for an increase in the time of
25 practice period before granting permission to obtain a
26 driver's license;
27 (2) strengthening driver licensing and testing
28 standards for persons under the age of 21 years;
29 (3) sanctioning driving privileges of drivers under
30 age 21 who have committed serious traffic violations or
31 other specified offenses; and
32 (4) setting stricter standards to promote the
33 public's health and safety.
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1 (b) Applications of minors. The application of any
2 person under the age of 18 years, and not legally emancipated
3 by marriage, for a drivers license or permit to operate a
4 motor vehicle issued under the laws of this State, shall be
5 accompanied by the written consent of either parent of the
6 applicant; otherwise by the guardian having custody of the
7 applicant, or in the event there is no parent or guardian,
8 then by another responsible adult.
9 No graduated driver's license shall be issued to any
10 applicant under 18 years of age, unless the applicant has:
11 (1) Held a valid instruction permit for a minimum
12 of 3 months.
13 (2) Passed an approved driver education course and
14 submits proof of having passed the course as may be
15 required.
16 (3) certification by the parent, legal guardian, or
17 responsible adult that the applicant has had a minimum of
18 25 hours of behind-the-wheel practice time and is
19 sufficiently prepared and able to safely operate a motor
20 vehicle.
21 No drivers license shall be issued to any applicant under
22 18 years of age who is 16 years of age or more unless the
23 applicant has passed an approved driver education course as
24 defined in Section 1-103 of this Act, and submits such proof
25 of having passed the course as may be required by the
26 Secretary of State.
27 (c) No graduated driver's license or permit shall be
28 issued to any applicant under 18 years of age who has
29 committed the offense of operating a motor vehicle without a
30 valid license or permit in violation of Section 6-101 of this
31 Code and no graduated driver's license or permit shall be
32 issued to any applicant under 18 years of age who has
33 committed an offense that would otherwise result in a
34 mandatory revocation of a license or permit as provided in
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1 Section 6-205 of this Code or who has been either convicted
2 of or adjudicated a delinquent based upon a violation of the
3 Cannabis Control Act or the Illinois Controlled Substances
4 Act, while that individual was in actual physical control of
5 a motor vehicle. For purposes of this Section, any person
6 placed on probation under Section 10 of the Cannabis Control
7 Act or Section 410 of the Illinois Controlled Substances Act
8 shall not be considered convicted. Any person found guilty of
9 this offense, while in actual physical control of a motor
10 vehicle, shall have an entry made in the court record by the
11 judge that this offense did occur while the person was in
12 actual physical control of a motor vehicle and order the
13 clerk of the court to report the violation to the Secretary
14 of State as such.
15 (d) No graduated driver's license shall be issued for 6
16 months to any applicant under the age of 18 years who has
17 been convicted of any offense defined as a serious traffic
18 violation in this Code or a similar provision of a local
19 ordinance.
20 (e) No graduated driver's license holder under the age
21 of 18 years shall operate any motor vehicle, except a motor
22 driven cycle or motorcycle, with more than one passenger in
23 the front seat of the motor vehicle and no more passengers in
24 the back seats than the number of available seat safety belts
25 as set forth in Section 12-603 of this Code.
26 (f) No graduated driver's license holder under the age
27 of 18 shall operate a motor vehicle unless each driver and
28 front or back seat passenger under the age of 18 is wearing a
29 properly adjusted and fastened seat safety belt.
30 (Source: P.A. 88-197.)
31 (625 ILCS 5/6-107.1 new)
32 Sec. 6-107.1. Instruction permit for a minor.
33 (a) The Secretary of State, upon receiving proper
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1 application and payment of the required fee, may issue an
2 instruction permit to any person under the age of 18 years
3 who is not ineligible for a license under paragraphs 1, 3, 4,
4 5, 7, or 8 of Section 6-103, after the applicant has
5 successfully passed such examination as the Secretary of
6 State in his discretion may prescribe.
7 (1) An instruction permit issued under this Section
8 shall be valid for a period of 24 months after the date
9 of its issuance and shall be restricted, by the Secretary
10 of State, to the operation of a motor vehicle by the
11 minor only when accompanied by the adult instructor of a
12 driver education program during enrollment in the program
13 or when practicing with a parent, legal guardian, family
14 member, or a person in loco parentis who is 21 years of
15 age or more, has a license classification to operate such
16 vehicle and at least one year of driving experience, and
17 who is occupying a seat beside the driver.
18 (2) A 24 month instruction permit for a motor
19 driven cycle may be issued to a person 16 or 17 years of
20 age and entitles the holder to drive upon the highways
21 during daylight under direct supervision of a licensed
22 motor driven cycle operator or motorcycle operator 21
23 years of age or older who has a license classification to
24 operate such motor driven cycle or motorcycle and at
25 least one year of driving experience.
26 (3) A 24 month instruction permit for a motorcycle
27 other than a motor driven cycle may be issued to a person
28 16 or 17 years of age in accordance with the provisions
29 of paragraph 2 of Section 6-103 and entitles a holder to
30 drive upon the highways during daylight under the direct
31 supervision of a licensed motorcycle operator 21 years of
32 age or older who has at least one year of driving
33 experience.
34 (b) An instruction permit issued under this Section when
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1 issued to a person under the age of 17 years shall, as a
2 matter of law, be invalid for the operation of any motor
3 vehicle during the same time the child is prohibited from
4 being on any street or highway under the provisions of the
5 Child Curfew Act.
6 (c) Any person under the age of 16 years who possesses
7 an instruction permit and whose driving privileges have been
8 suspended or revoked under the provisions of this Code shall
9 not be granted a Family Financial Responsibility Driving
10 Permit or a Restricted Driving Permit.
11 (625 ILCS 5/6-107.2 new)
12 Sec. 6-107.2. Rules for graduated licenses. The
13 Secretary of State, using the authority to license motor
14 vehicle operators, may adopt such rules as may be necessary
15 to establish standards, policies, and procedures for
16 graduated licenses.
17 (625 ILCS 5/6-107.3 new)
18 Sec. 6-107.3. Distinct nature of driver's license
19 dependent on age. The Secretary of State shall provide that
20 each graduated driver's license and each regular driver's
21 license issued to individuals under 21 years of age shall be
22 of a distinct nature from those driver's licenses issued to
23 individuals 21 years of age and older. The colors designated
24 for the graduated driver's license and regular driver's
25 license shall be at the discretion of the Secretary of State.
26 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
27 Sec. 6-204. When Court to forward License and Reports.
28 (a) For the purpose of providing to the Secretary of
29 State the records essential to the performance of the
30 Secretary's duties under this Code to cancel, revoke or
31 suspend the driver's license and privilege to drive motor
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1 vehicles of persons found guilty of the criminal offenses or
2 traffic violations which this Code recognizes as evidence
3 relating to unfitness to safely operate motor vehicles, the
4 following duties are imposed upon public officials:
5 1. Whenever any person is convicted of any offense
6 for which this Code makes mandatory the cancellation or
7 revocation of the driver's license or permit of such
8 person by the Secretary of State, the judge of the court
9 in which such conviction is had shall require the
10 surrender to the clerk of the court of all driver's
11 licenses or permits then held by the person so convicted,
12 and the clerk of the court shall, within 10 days
13 thereafter, forward the same, together with a report of
14 such conviction, to the Secretary.
15 2. Whenever any person is convicted of any offense
16 under this Code or similar offenses under a municipal
17 ordinance, other than regulations governing standing,
18 parking or weights of vehicles, and excepting the
19 following enumerated Sections of this Code: Sections
20 11-1406 (obstruction to driver's view or control),
21 11-1407 (improper opening of door into traffic), 11-1410
22 (coasting on downgrade), 11-1411 (following fire
23 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
24 (driving vehicle which is in unsafe condition or
25 improperly equipped), 12-201(a) (daytime lights on
26 motorcycles), 12-202 (clearance, identification and side
27 marker lamps), 12-204 (lamp or flag on projecting load),
28 12-205 (failure to display the safety lights required),
29 12-401 (restrictions as to tire equipment), 12-502
30 (mirrors), 12-503 (windshields must be unobstructed and
31 equipped with wipers), 12-601 (horns and warning
32 devices), 12-602 (mufflers, prevention of noise or
33 smoke), 12-603 (seat safety belts), 12-702 (certain
34 vehicles to carry flares or other warning devices),
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1 12-703 (vehicles for oiling roads operated on highways),
2 12-710 (splash guards and replacements), 13-101 (safety
3 tests), 15-101 (size, weight and load), 15-102 (width),
4 15-103 (height), 15-104 (name and address on second
5 division vehicles), 15-107 (length of vehicle), 15-109.1
6 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
7 15-301 (weights), 15-316 (weights), 15-318 (weights), and
8 also excepting the following enumerated Sections of the
9 Chicago Municipal Code: Sections 27-245 (following fire
10 apparatus), 27-254 (obstruction of traffic), 27-258
11 (driving vehicle which is in unsafe condition), 27-259
12 (coasting on downgrade), 27-264 (use of horns and signal
13 devices), 27-265 (obstruction to driver's view or driver
14 mechanism), 27-267 (dimming of headlights), 27-268
15 (unattended motor vehicle), 27-272 (illegal funeral
16 procession), 27-273 (funeral procession on boulevard),
17 27-275 (driving freighthauling vehicles on boulevard),
18 27-276 (stopping and standing of buses or taxicabs),
19 27-277 (cruising of public passenger vehicles), 27-305
20 (parallel parking), 27-306 (diagonal parking), 27-307
21 (parking not to obstruct traffic), 27-308 (stopping,
22 standing or parking regulated), 27-311 (parking
23 regulations), 27-312 (parking regulations), 27-313
24 (parking regulations), 27-314 (parking regulations),
25 27-315 (parking regulations), 27-316 (parking
26 regulations), 27-317 (parking regulations), 27-318
27 (parking regulations), 27-319 (parking regulations),
28 27-320 (parking regulations), 27-321 (parking
29 regulations), 27-322 (parking regulations), 27-324
30 (loading and unloading at an angle), 27-333 (wheel and
31 axle loads), 27-334 (load restrictions in the downtown
32 district), 27-335 (load restrictions in residential
33 areas), 27-338 (width of vehicles), 27-339 (height of
34 vehicles), 27-340 (length of vehicles), 27-352
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1 (reflectors on trailers), 27-353 (mufflers), 27-354
2 (display of plates), 27-355 (display of city vehicle tax
3 sticker), 27-357 (identification of vehicles), 27-358
4 (projecting of loads), and also excepting the following
5 enumerated paragraphs of Section 2-201 of the Rules and
6 Regulations of the Illinois State Toll Highway Authority:
7 (l) (driving unsafe vehicle on tollway), (m) (vehicles
8 transporting dangerous cargo not properly indicated), it
9 shall be the duty of the clerk of the court in which such
10 conviction is had within 10 days thereafter to forward to
11 the Secretary of State a report of the conviction and the
12 court may recommend the suspension of the driver's
13 license or permit of the person so convicted.
14 The reporting requirements of this subsection shall apply
15 to all violations stated in paragraphs 1 and 2 of this
16 subsection when the individual has been adjudicated under the
17 Juvenile Court Act or the Juvenile Court Act of 1987. Such
18 reporting requirements shall also apply to individuals
19 adjudicated under the Juvenile Court Act or the Juvenile
20 Court Act of 1987 who have committed a violation of Section
21 11-501 of this Code, or similar provision of a local
22 ordinance, or Section 9-3 of the Criminal Code of 1961, as
23 amended, relating to the offense of reckless homicide. All
24 juvenile court dispositions reported to the Secretary of
25 State under this provision shall be processed by the
26 Secretary of State as if the cases had been adjudicated in
27 traffic or criminal court. However, information reported
28 relative to the offense of reckless homicide, or Section
29 11-501 of this Code, or a similar provision of a local
30 ordinance, shall be privileged and available only to the
31 Secretary of State, courts, and police officers.
32 3. Whenever an order is entered vacating the
33 forfeiture of any bail, security or bond given to secure
34 appearance for any offense under this Code or similar
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1 offenses under municipal ordinance, it shall be the duty
2 of the clerk of the court in which such vacation was had
3 or the judge of such court if such court has no clerk,
4 within 10 days thereafter to forward to the Secretary of
5 State a report of the vacation.
6 4. A report of any disposition of court supervision
7 for a violation of Sections 6-303, 11-401, 11-501 or a
8 similar provision of a local ordinance, 11-503 and 11-504
9 shall be forwarded to the Secretary of State. A report of
10 any disposition of court supervision for a violation of
11 an offense defined as a serious traffic violation in this
12 Code or a similar provision of a local ordinance
13 committed by a person under the age of 21 years shall be
14 forwarded to the Secretary of State.
15 5. Reports of conviction in a computer processible
16 medium shall be forwarded to the Secretary of State via
17 the Supreme Court in the form and format required by the
18 Illinois Supreme Court and established by a written
19 agreement between the Supreme Court and the Secretary of
20 State. In counties with a population over 300,000,
21 instead of forwarding reports to the Supreme Court,
22 reports of conviction in a computer processible medium
23 may be forwarded to the Secretary of State by the Circuit
24 Court Clerk in a form and format required by the
25 Secretary of State and established by written agreement
26 between the Circuit Court Clerk and the Secretary of
27 State. Failure to forward the reports of conviction as
28 required by this Section shall be deemed an omission of
29 duty and it shall be the duty of the several State's
30 Attorneys to enforce the requirements of this Section.
31 (b) Whenever a restricted driving permit is forwarded to
32 a court, as a result of confiscation by a police officer
33 pursuant to the authority in Section 6-113(f), it shall be
34 the duty of the clerk, or judge, if the court has no clerk,
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1 to forward such restricted driving permit and a facsimile of
2 the officer's citation to the Secretary of State as
3 expeditiously as practicable.
4 (c) For the purposes of this Code, a forfeiture of bail
5 or collateral deposited to secure a defendant's appearance in
6 court when forfeiture has not been vacated, or the failure of
7 a defendant to appear for trial after depositing his driver's
8 license in lieu of other bail, shall be equivalent to a
9 conviction.
10 (d) For the purpose of providing the Secretary of State
11 with records necessary to properly monitor and assess driver
12 performance and assist the courts in the proper disposition
13 of repeat traffic law offenders, the clerk of the court shall
14 forward to the Secretary of State, on a form prescribed by
15 the Secretary, records of driver's participation in a driver
16 remedial or rehabilitative program which was required,
17 through a court order or court supervision, in relation to
18 the driver's arrest for a violation of Section 11-501 of this
19 Code or a similar provision of a local ordinance. Such
20 reports shall be sent within 10 days after the driver's
21 referral to such driver remedial or rehabilitative program.
22 Such reports, including those required to be forwarded under
23 subsection 4 of paragraph (a), shall be recorded to the
24 driver's file, but shall not be released to any outside
25 source, except the affected driver, and shall be used only to
26 assist in assessing driver performance and for the purpose of
27 informing the courts that such driver has been previously
28 assigned court supervision or referred to a driver's remedial
29 or rehabilitative program.
30 (Source: P.A. 88-415.)
31 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
32 Sec. 6-205. Mandatory revocation of license or permit;
33 Hardship cases.
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1 (a) Except as provided in this Section, the Secretary of
2 State shall immediately revoke the license or permit of any
3 driver upon receiving a report of the driver's conviction of
4 any of the following offenses:
5 1. Reckless homicide resulting from the operation
6 of a motor vehicle;
7 2. Violation of Section 11-501 of this Code or a
8 similar provision of a local ordinance relating to the
9 offense of operating or being in physical control of a
10 vehicle while under the influence of alcohol, other drug,
11 or combination of both;
12 3. Any felony under the laws of any State or the
13 federal government in the commission of which a motor
14 vehicle was used;
15 4. Violation of Section 11-401 of this Code
16 relating to the offense of leaving the scene of a traffic
17 accident involving death or personal injury;
18 5. Perjury or the making of a false affidavit or
19 statement under oath to the Secretary of State under this
20 Code or under any other law relating to the ownership or
21 operation of motor vehicles;
22 6. Conviction upon 3 charges of violation of
23 Section 11-503 of this Code relating to the offense of
24 reckless driving committed within a period of 12 months;
25 7. Conviction of the offense of automobile theft as
26 defined in Section 4-102 of this Code;
27 8. Violation of Section 11-504 of this Code
28 relating to the offense of drag racing;
29 9. Violation of Chapters 8 and 9 of this Code;
30 10. Violation of Section 12-5 of the Criminal Code
31 of 1961 arising from the use of a motor vehicle;
32 11. Violation of Section 11-204.1 of this Code
33 relating to aggravated fleeing or attempting to elude a
34 police officer;
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1 12. Violation of paragraph (1) of subsection (b) of
2 Section 6-507, or a similar law of any other state,
3 relating to the unlawful operation of a commercial motor
4 vehicle;
5 13. Violation of paragraph (a) of Section 11-502 of
6 this Code or a similar provision of a local ordinance if
7 the driver has been previously convicted of a violation
8 of that Section or a similar provision of a local
9 ordinance and the driver was less than 21 years of age at
10 the time of the offense.
11 (b) The Secretary of State shall also immediately revoke
12 the license or permit of any driver in the following
13 situations:
14 1. Of any minor upon receiving the notice provided
15 for in Section 1-8 of the Juvenile Court Act of 1987 that
16 the minor has been adjudicated under that Act as having
17 committed an offense relating to motor vehicles
18 prescribed in Section 4-103 of this Code;
19 2. Of any person when any other law of this State
20 requires either the revocation or suspension of a license
21 or permit.
22 (c) Whenever a person is convicted of any of the
23 offenses enumerated in this Section, the court may recommend
24 and the Secretary of State in his discretion, without regard
25 to whether the recommendation is made by the court, may, upon
26 application, issue to the person a restricted driving permit
27 granting the privilege of driving a motor vehicle between the
28 petitioner's residence and petitioner's place of employment
29 or within the scope of the petitioner's employment related
30 duties, or to allow transportation for the petitioner or a
31 household member of the petitioner's family for the receipt
32 of necessary medical care or, if the professional evaluation
33 indicates, provide transportation for the petitioner for
34 alcohol remedial or rehabilitative activity, or for the
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1 petitioner to attend classes, as a student, in an accredited
2 educational institution; if the petitioner is able to
3 demonstrate that no alternative means of transportation is
4 reasonably available and the petitioner will not endanger the
5 public safety or welfare; provided that the Secretary's
6 discretion shall be limited to cases where undue hardship
7 would result from a failure to issue the restricted driving
8 permit. In each case the Secretary of State may issue a
9 restricted driving permit for a period he deems appropriate,
10 except that the permit shall expire within one year from the
11 date of issuance. A restricted driving permit issued under
12 this Section shall be subject to cancellation, revocation,
13 and suspension by the Secretary of State in like manner and
14 for like cause as a driver's license issued under this Code
15 may be cancelled, revoked, or suspended; except that a
16 conviction upon one or more offenses against laws or
17 ordinances regulating the movement of traffic shall be deemed
18 sufficient cause for the revocation, suspension, or
19 cancellation of a restricted driving permit. The Secretary of
20 State may, as a condition to the issuance of a restricted
21 driving permit, require the applicant to participate in a
22 designated driver remedial or rehabilitative program. The
23 Secretary of State is authorized to cancel a restricted
24 driving permit if the permit holder does not successfully
25 complete the program. However, if an individual's driving
26 privileges have been revoked in accordance with paragraph 13
27 of subsection (a) of this Section, no restricted driving
28 permit shall be issued until the individual has served 6
29 months of the revocation period.
30 (d) Whenever a person under the age of 21 is convicted
31 under Section 11-501 of this Code or a similar provision of a
32 local ordinance, the Secretary of State shall revoke the
33 driving privileges of that person. One year after the date
34 of revocation, and upon application, the Secretary of State
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1 may, if satisfied that the person applying will not endanger
2 the public safety or welfare, issue a restricted driving
3 permit granting the privilege of driving a motor vehicle only
4 between the hours of 5 a.m. and 9 p.m. or as otherwise
5 provided by this Section for a period of one year. After
6 this one year period, and upon reapplication for a license as
7 provided in Section 6-106, upon payment of the appropriate
8 reinstatement fee provided under paragraph (b) of Section
9 6-118, the Secretary of State, in his discretion, may issue
10 the applicant a license, or extend the restricted driving
11 permit as many times as the Secretary of State deems
12 appropriate, by additional periods of not more than 12 months
13 each, until the applicant attains 21 years of age. A
14 restricted driving permit issued under this Section shall be
15 subject to cancellation, revocation, and suspension by the
16 Secretary of State in like manner and for like cause as a
17 driver's license issued under this Code may be cancelled,
18 revoked, or suspended; except that a conviction upon one or
19 more offenses against laws or ordinances regulating the
20 movement of traffic shall be deemed sufficient cause for the
21 revocation, suspension, or cancellation of a restricted
22 driving permit. Any person under 21 years of age who has a
23 driver's license revoked for a second or subsequent
24 conviction for driving under the influence, prior to the age
25 of 21, shall not be eligible to submit an application for a
26 full reinstatement of driving privileges or a restricted
27 driving permit until age 21 or one additional year from the
28 date of the latest such revocation, whichever is the longer.
29 The revocation periods contained in this subparagraph shall
30 apply to similar out-of-state convictions.
31 (e) This Section is subject to the provisions of the
32 Driver License Compact.
33 (f) Any revocation imposed upon any person under
34 subsections 2 and 3 of paragraph (b) that is in effect on
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1 December 31, 1988 shall be converted to a suspension for a
2 like period of time.
3 (g) The Secretary of State shall not issue a restricted
4 driving permit to a person under the age of 16 years whose
5 driving privileges have been revoked under any provisions of
6 this Code.
7 (Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff.
8 1-1-96; 89-626, eff. 8-9-96.)
9 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
10 Sec. 6-206. Discretionary authority to suspend or revoke
11 license or permit; Right to a hearing.
12 (a) The Secretary of State is authorized to suspend or
13 revoke the driving privileges of any person without
14 preliminary hearing upon a showing of the person's records or
15 other sufficient evidence that the person:
16 1. Has committed an offense for which mandatory
17 revocation of a driver's license or permit is required
18 upon conviction;
19 2. Has been convicted of not less than 3 offenses
20 against traffic regulations governing the movement of
21 vehicles committed within any 12 month period. No
22 revocation or suspension shall be entered more than 6
23 months after the date of last conviction;
24 3. Has been repeatedly involved as a driver in
25 motor vehicle collisions or has been repeatedly convicted
26 of offenses against laws and ordinances regulating the
27 movement of traffic, to a degree that indicates lack of
28 ability to exercise ordinary and reasonable care in the
29 safe operation of a motor vehicle or disrespect for the
30 traffic laws and the safety of other persons upon the
31 highway;
32 4. Has by the unlawful operation of a motor vehicle
33 caused or contributed to an accident resulting in death
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1 or injury requiring immediate professional treatment in a
2 medical facility or doctor's office to any person, except
3 that any suspension or revocation imposed by the
4 Secretary of State under the provisions of this
5 subsection shall start no later than 6 months after being
6 convicted of violating a law or ordinance regulating the
7 movement of traffic, which violation is related to the
8 accident, or shall start not more than one year after the
9 date of the accident, whichever date occurs later;
10 5. Has permitted an unlawful or fraudulent use of a
11 driver's license, identification card, or permit;
12 6. Has been lawfully convicted of an offense or
13 offenses in another state, including the authorization
14 contained in Section 6-203.1, which if committed within
15 this State would be grounds for suspension or revocation;
16 7. Has refused or failed to submit to an
17 examination provided for by Section 6-207 or has failed
18 to pass the examination;
19 8. Is ineligible for a driver's license or permit
20 under the provisions of Section 6-103;
21 9. Has made a false statement or knowingly
22 concealed a material fact or has used false information
23 or identification in any application for a license,
24 identification card, or permit;
25 10. Has possessed, displayed, or attempted to
26 fraudulently use any license, identification card, or
27 permit not issued to the person;
28 11. Has operated a motor vehicle upon a highway of
29 this State when the person's driving privilege or
30 privilege to obtain a driver's license or permit was
31 revoked or suspended unless the operation was authorized
32 by a judicial driving permit, probationary license to
33 drive, or a restricted driving permit issued under this
34 Code;
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1 12. Has submitted to any portion of the application
2 process for another person or has obtained the services
3 of another person to submit to any portion of the
4 application process for the purpose of obtaining a
5 license, identification card, or permit for some other
6 person;
7 13. Has operated a motor vehicle upon a highway of
8 this State when the person's driver's license or permit
9 was invalid under the provisions of Sections 6-107.1 and
10 Section 6-110. Provided that for the first offense the
11 Secretary of State may suspend the driver's license for
12 not more than 60 days, for the second offense not more
13 than 90 days, and for the third offense not more than one
14 year;
15 14. Has committed a violation of Section 6-301,
16 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
17 14B of the Illinois Identification Card Act;
18 15. Has been convicted of violating Section 21-2 of
19 the Criminal Code of 1961 relating to criminal trespass
20 to vehicles in which case, the suspension shall be for
21 one year;
22 16. Has been convicted of violating Section 11-204
23 of this Code relating to fleeing from a police officer;
24 17. Has refused to submit to a test, or tests, as
25 required under Section 11-501.1 of this Code and the
26 person has not sought a hearing as provided for in
27 Section 11-501.1;
28 18. Has, since issuance of a driver's license or
29 permit, been adjudged to be afflicted with or suffering
30 from any mental disability or disease;
31 19. Has committed a violation of paragraph (a) or
32 (b) of Section 6-101 relating to driving without a
33 driver's license;
34 20. Has been convicted of violating Section 6-104
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1 relating to classification of driver's license;
2 21. Has been convicted of violating Section 11-402
3 of this Code relating to leaving the scene of an accident
4 resulting in damage to a vehicle in excess of $1,000, in
5 which case the suspension shall be for one year;
6 22. Has used a motor vehicle in violating paragraph
7 (3), (4), (7), or (9) of subsection (a) of Section 24-1
8 of the Criminal Code of 1961 relating to unlawful use of
9 weapons, in which case the suspension shall be for one
10 year;
11 23. Has, as a driver, been convicted of committing
12 a violation of paragraph (a) of Section 11-502 of this
13 Code for a second or subsequent time within one year of a
14 similar violation;
15 24. Has been convicted by a court-martial or
16 punished by non-judicial punishment by military
17 authorities of the United States at a military
18 installation in Illinois of or for a traffic related
19 offense that is the same as or similar to an offense
20 specified under Section 6-205 or 6-206 of this Code;
21 25. Has permitted any form of identification to be
22 used by another in the application process in order to
23 obtain or attempt to obtain a license, identification
24 card, or permit;
25 26. Has altered or attempted to alter a license or
26 has possessed an altered license, identification card, or
27 permit;
28 27. Has violated Section 6-16 of the Liquor Control
29 Act of 1934;
30 28. Has been convicted of the illegal possession,
31 while operating or in actual physical control, as a
32 driver, of a motor vehicle, of any controlled substance
33 prohibited under the Illinois Controlled Substances Act
34 or any cannabis prohibited under the provisions of the
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1 Cannabis Control Act, in which case the person's driving
2 privileges shall be suspended for one year, and any
3 driver who is convicted of a second or subsequent
4 offense, within 5 years of a previous conviction, for the
5 illegal possession, while operating or in actual physical
6 control, as a driver, of a motor vehicle, of any
7 controlled substance prohibited under the provisions of
8 the Illinois Controlled Substances Act or any cannabis
9 prohibited under the Cannabis Control Act shall be
10 suspended for 5 years. Any defendant found guilty of this
11 offense while operating a motor vehicle, shall have an
12 entry made in the court record by the presiding judge
13 that this offense did occur while the defendant was
14 operating a motor vehicle and order the clerk of the
15 court to report the violation to the Secretary of State;
16 29. Has been convicted of the following offenses
17 that were committed while the person was operating or in
18 actual physical control, as a driver, of a motor vehicle:
19 criminal sexual assault, predatory criminal sexual
20 assault of a child, aggravated criminal sexual assault,
21 criminal sexual abuse, aggravated criminal sexual abuse,
22 juvenile pimping, soliciting for a juvenile prostitute
23 and the manufacture, sale or delivery of controlled
24 substances or instruments used for illegal drug use or
25 abuse in which case the driver's driving privileges shall
26 be suspended for one year;
27 30. Has been convicted a second or subsequent time
28 for any combination of the offenses named in paragraph 29
29 of this subsection, in which case the person's driving
30 privileges shall be suspended for 5 years;
31 31. Beginning on January 1, 1991, has refused to
32 submit to a test as required by Section 11-501.6 or has
33 submitted to a test resulting in an alcohol concentration
34 of 0.10 or more or any amount of a drug, substance, or
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1 compound resulting from the unlawful use or consumption
2 of cannabis as listed in the Cannabis Control Act or a
3 controlled substance as listed in the Illinois Controlled
4 Substances Act in which case the penalty shall be as
5 prescribed in Section 6-208.1;
6 32. Has been convicted of Section 24-1.2 of the
7 Criminal Code of 1961 relating to the aggravated
8 discharge of a firearm if the offender was located in a
9 motor vehicle at the time the firearm was discharged, in
10 which case the suspension shall be for 3 years; or
11 33. Has as a driver, who was less than 21 years of
12 age on the date of the offense, been convicted a first
13 time of a violation of paragraph (a) of Section 11-502 of
14 this Code or a similar provision of a local ordinance;
15 or.
16 34. Is under the age of 21 years at the time of
17 arrest and has been convicted of not less than 2
18 offenses against traffic regulations governing the
19 movement of vehicles committed within any 24 month
20 period. No revocation or suspension shall be entered
21 more than 6 months after the date of last conviction.
22 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
23 and 27 of this subsection, license means any driver's
24 license, any traffic ticket issued when the person's driver's
25 license is deposited in lieu of bail, a suspension notice
26 issued by the Secretary of State, a duplicate or corrected
27 driver's license, a probationary driver's license or a
28 temporary driver's license.
29 (b) If any conviction forming the basis of a suspension
30 or revocation authorized under this Section is appealed, the
31 Secretary of State may rescind or withhold the entry of the
32 order of suspension or revocation, as the case may be,
33 provided that a certified copy of a stay order of a court is
34 filed with the Secretary of State. If the conviction is
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1 affirmed on appeal, the date of the conviction shall relate
2 back to the time the original judgment of conviction was
3 entered and the 6 month limitation prescribed shall not
4 apply.
5 (c) 1. Upon suspending or revoking the driver's license
6 or permit of any person as authorized in this Section,
7 the Secretary of State shall immediately notify the
8 person in writing of the revocation or suspension. The
9 notice to be deposited in the United States mail, postage
10 prepaid, to the last known address of the person.
11 2. If the Secretary of State suspends the driver's
12 license of a person under subsection 2 of paragraph (a)
13 of this Section, a person's privilege to operate a
14 vehicle as an occupation shall not be suspended, provided
15 an affidavit is properly completed, the appropriate fee
16 received, and a permit issued prior to the effective date
17 of the suspension, unless 5 offenses were committed, at
18 least 2 of which occurred while operating a commercial
19 vehicle in connection with the driver's regular
20 occupation. All other driving privileges shall be
21 suspended by the Secretary of State. Any driver prior to
22 operating a vehicle for occupational purposes only must
23 submit the affidavit on forms to be provided by the
24 Secretary of State setting forth the facts of the
25 person's occupation. The affidavit shall also state the
26 number of offenses committed while operating a vehicle in
27 connection with the driver's regular occupation. The
28 affidavit shall be accompanied by the driver's license.
29 Upon receipt of a properly completed affidavit, the
30 Secretary of State shall issue the driver a permit to
31 operate a vehicle in connection with the driver's regular
32 occupation only. Unless the permit is issued by the
33 Secretary of State prior to the date of suspension, the
34 privilege to drive any motor vehicle shall be suspended
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1 as set forth in the notice that was mailed under this
2 Section. If an affidavit is received subsequent to the
3 effective date of this suspension, a permit may be issued
4 for the remainder of the suspension period.
5 The provisions of this subparagraph shall not apply
6 to any driver required to obtain a commercial driver's
7 license under Section 6-507 during the period of a
8 disqualification of commercial driving privileges under
9 Section 6-514.
10 Any person who falsely states any fact in the
11 affidavit required herein shall be guilty of perjury
12 under Section 6-302 and upon conviction thereof shall
13 have all driving privileges revoked without further
14 rights.
15 3. At the conclusion of a hearing under Section
16 2-118 of this Code, the Secretary of State shall either
17 rescind or continue an order of revocation or shall
18 substitute an order of suspension; or, good cause
19 appearing therefor, rescind, continue, change, or extend
20 the order of suspension. If the Secretary of State does
21 not rescind the order, the Secretary may upon
22 application, to relieve undue hardship, issue a
23 restricted driving permit granting the privilege of
24 driving a motor vehicle between the petitioner's
25 residence and petitioner's place of employment or within
26 the scope of his employment related duties, or to allow
27 transportation for the petitioner, or a household member
28 of the petitioner's family, to receive necessary medical
29 care and if the professional evaluation indicates,
30 provide transportation for alcohol remedial or
31 rehabilitative activity, or for the petitioner to attend
32 classes, as a student, in an accredited educational
33 institution; if the petitioner is able to demonstrate
34 that no alternative means of transportation is reasonably
SB950 Enrolled -29- LRB9001187NTsbB
1 available and the petitioner will not endanger the public
2 safety or welfare. In each case the Secretary may issue a
3 restricted driving permit for a period deemed
4 appropriate, except that all permits shall expire within
5 one year from the date of issuance. A restricted driving
6 permit issued under this Section shall be subject to
7 cancellation, revocation, and suspension by the Secretary
8 of State in like manner and for like cause as a driver's
9 license issued under this Code may be cancelled, revoked,
10 or suspended; except that a conviction upon one or more
11 offenses against laws or ordinances regulating the
12 movement of traffic shall be deemed sufficient cause for
13 the revocation, suspension, or cancellation of a
14 restricted driving permit. The Secretary of State may, as
15 a condition to the issuance of a restricted driving
16 permit, require the applicant to participate in a
17 designated driver remedial or rehabilitative program. The
18 Secretary of State is authorized to cancel a restricted
19 driving permit if the permit holder does not successfully
20 complete the program.
21 (c-5) The Secretary of State may, as a condition of the
22 reissuance of a driver's license or permit to an applicant
23 under the age of 18 years whose driver's license or permit
24 has been suspended pursuant to any of the provisions of this
25 Section, require the applicant to participate in a driver
26 remedial education course and be retested under Section 6-109
27 of this Code.
28 (d) This Section is subject to the provisions of the
29 Drivers License Compact.
30 (e) The Secretary of State shall not issue a restricted
31 driving permit to a person under the age of 16 years whose
32 driving privileges have been suspended or revoked under any
33 provisions of this Code.
34 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
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1 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
2 5-29-96.)
3 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
4 Sec. 6-206.1. Judicial Driving Permit. Declaration of
5 Policy. It is hereby declared a policy of the State of
6 Illinois that the driver who is impaired by alcohol or other
7 drugs is a threat to the public safety and welfare.
8 Therefore, to provide a deterrent to such practice and to
9 remove problem drivers from the highway, a statutory summary
10 driver's license suspension is appropriate. It is also
11 recognized that driving is a privilege and therefore, that in
12 some cases the granting of limited driving privileges, where
13 consistent with public safety, is warranted during the period
14 of suspension in the form of a judicial driving permit to
15 drive for the purpose of employment, receiving drug treatment
16 or medical care, and educational pursuits, where no
17 alternative means of transportation is available.
18 The following procedures shall apply whenever a first
19 offender is arrested for any offense as defined in Section
20 11-501 or a similar provision of a local ordinance:
21 (a) Subsequent to a notification of a statutory summary
22 suspension of driving privileges as provided in Section
23 11-501.1, the first offender as defined in Section 11-500 may
24 petition the circuit court of venue for a Judicial Driving
25 Permit, hereinafter referred as a JDP, to relieve undue
26 hardship. The court may issue a court order, pursuant to
27 the criteria contained in this Section, directing the
28 Secretary of State to issue such a JDP to the petitioner. A
29 JDP shall not become effective prior to the 31st day of the
30 original statutory summary suspension and shall always be
31 subject to the following criteria:
32 1. If ordered for the purposes of employment, the
33 JDP shall be only for the purpose of providing the
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1 petitioner the privilege of driving a motor vehicle
2 between the petitioner's residence and the petitioner's
3 place of employment and return; or within the scope of
4 the petitioner's employment related duties, shall be
5 effective only during and limited to those specific times
6 and routes actually required to commute or perform the
7 petitioner's employment related duties.
8 2. The court, by a court order, may also direct the
9 Secretary of State to issue a JDP to allow transportation
10 for the petitioner, or a household member of the
11 petitioner's family, to receive alcohol or other drug
12 treatment or medical care, if the petitioner is able to
13 demonstrate that no alternative means of transportation
14 is reasonably available. Such JDP shall be effective only
15 during the specific times actually required to commute.
16 3. The court, by a court order, may also direct the
17 Secretary of State to issue a JDP to allow transportation
18 by the petitioner for educational purposes upon
19 demonstrating that there are no alternative means of
20 transportation reasonably available to accomplish those
21 educational purposes. Such JDP shall be only for the
22 purpose of providing transportation to and from the
23 petitioner's residence and the petitioner's place of
24 educational activity, and only during the specific times
25 and routes actually required to commute or perform the
26 petitioner's educational requirement.
27 4. The Court shall not issue an order granting a
28 JDP to:
29 (i) Any person unless and until the court,
30 after considering the results of a current
31 professional evaluation of the person's alcohol or
32 other drug use by an agency pursuant to Section
33 15-10 of the Alcoholism and Other Drug Abuse and
34 Dependency Act and other appropriate investigation
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1 of the person, is satisfied that granting the
2 privilege of driving a motor vehicle on the highways
3 will not endanger the public safety or welfare.
4 (ii) Any person who has been convicted of
5 reckless homicide within the previous 5 years.
6 (iii) Any person whose privilege to operate a
7 motor vehicle was invalid at the time of arrest for
8 the current violation of Section 11-501, or a
9 similar provision of a local ordinance, except in
10 cases where the cause for a driver's license
11 suspension has been removed at the time a JDP is
12 effective. In any case, should the Secretary of
13 State enter a suspension or revocation of driving
14 privileges pursuant to the provisions of this Code
15 while the JDP is in effect or pending, the Secretary
16 shall take the prescribed action and provide a
17 notice to the person and the court ordering the
18 issuance of the JDP that all driving privileges,
19 including those provided by the issuance of the JDP,
20 have been withdrawn.
21 (iv) Any person under the age of 18 years.
22 (b) Prior to ordering the issuance of a JDP the Court
23 should consider at least, but not be limited to, the
24 following issues:
25 1. Whether the person is employed and no other
26 means of commuting to the place of employment is
27 available or that the person must drive as a condition of
28 employment. The employer shall certify the hours of
29 employment and the need and parameters necessary for
30 driving as a condition to employment.
31 2. Whether the person must drive to secure alcohol
32 or other medical treatment for himself or a family
33 member.
34 3. Whether the person must drive for educational
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1 purposes. The educational institution shall certify the
2 person's enrollment in and academic schedule at the
3 institution.
4 4. Whether the person has been repeatedly convicted
5 of traffic violations or involved in motor vehicle
6 accidents to a degree which indicates disrespect for
7 public safety.
8 5. Whether the person has been convicted of a
9 traffic violation in connection with a traffic accident
10 resulting in the death of any person within the last 5
11 years.
12 6. Whether the person is likely to obey the limited
13 provisions of the JDP.
14 7. Whether the person has any additional traffic
15 violations pending in any court.
16 For purposes of this Section, programs conducting
17 professional evaluations of a person's alcohol or other drug
18 use must report, to the court of venue, using a form
19 prescribed by the Secretary of State. A copy of such
20 evaluations shall be sent to the Secretary of State by the
21 court. However, the evaluation information shall be
22 privileged and only available to courts and to the Secretary
23 of State, but shall not be admissible in the subsequent trial
24 on the underlying charge.
25 (c) The scope of any court order issued for a JDP under
26 this Section shall be limited to the operation of a motor
27 vehicle as provided for in subsection (a) of this Section and
28 shall specify the petitioner's residence, place of employment
29 or location of educational institution, and the scope of job
30 related duties, if relevant. The JDP shall also specify days
31 of the week and specific hours of the day when the petitioner
32 is able to exercise the limited privilege of operating a
33 motor vehicle. If the Petitioner, who has been granted a JDP,
34 is issued a citation for a traffic related offense, including
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1 operating a motor vehicle outside the limitations prescribed
2 in the JDP or a violation of Section 6-303, or is convicted
3 of any such an offense during the term of the JDP, the court
4 shall consider cancellation of the limited driving permit.
5 In any case, if the Petitioner commits an offense, as defined
6 in Section 11-501, or a similar provision of a local
7 ordinance, as evidenced by the issuance of a Uniform Traffic
8 Ticket, the JDP shall be forwarded by the court of venue to
9 the court ordering the issuance of the JDP, for cancellation.
10 The court shall notify the Secretary of State of any such
11 cancellation.
12 (d) The Secretary of State shall, upon receiving a court
13 order from the court of venue, issue a JDP to a successful
14 Petitioner under this Section. Such court order form shall
15 also contain a notification, which shall be sent to the
16 Secretary of State, providing the name, driver's license
17 number and legal address of the successful petitioner, and
18 the full and detailed description of the limitations of the
19 JDP. This information shall be available only to the courts,
20 police officers, and the Secretary of State, except during
21 the actual period the JDP is valid, during which time it
22 shall be a public record. The Secretary of State shall design
23 and furnish to the courts an official court order form to be
24 used by the courts when directing the Secretary of State to
25 issue a JDP.
26 Any submitted court order that contains insufficient data
27 or fails to comply with this Code shall not be utilized for
28 JDP issuance or entered to the driver record but shall be
29 returned to the issuing court indicating why the JDP cannot
30 be so entered. A notice of this action shall also be sent to
31 the JDP petitioner by the Secretary of State.
32 (e) The circuit court of venue may conduct the judicial
33 hearing, as provided in Section 2-118.1, and the JDP hearing
34 provided in this Section, concurrently. Such concurrent
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1 hearing shall proceed in the court in the same manner as in
2 other civil proceedings.
3 (Source: P.A. 88-670, eff. 12-2-94.)
4 (625 ILCS 5/7-702.1)
5 Sec. 7-702.1. Family financial responsibility driving
6 permits. Following the entry of an order that an obligor has
7 been found in contempt by the court for failure to pay court
8 ordered child support payments, the court may enter an order
9 directing the Secretary of State to issue a family financial
10 responsibility driving permit for the purpose of providing
11 the obligor the privilege of operating a motor vehicle
12 between the obligor's residence and place of employment, or
13 within the scope of employment related duties; or for the
14 purpose of providing transportation for the obligor or a
15 household member to receive alcohol treatment, other drug
16 treatment, or medical care. The court may enter an order
17 directing the issuance of a permit only if the obligor has
18 proven to the satisfaction of the court that no alternative
19 means of transportation are reasonably available for the
20 above stated purposes. No permit shall be issued to a person
21 under the age of 16 years who possesses an instruction
22 permit.
23 Upon entry of an order granting the issuance of a permit
24 to an obligor, the court shall report this finding to the
25 Secretary of State on a form prescribed by the Secretary.
26 This form shall state whether the permit has been granted for
27 employment or medical purposes and the specific days and
28 hours for which limited driving privileges have been granted.
29 The family financial responsibility driving permit shall
30 be subject to cancellation, invalidation, suspension, and
31 revocation by the Secretary of State in the same manner and
32 for the same reasons as a driver's license may be cancelled,
33 invalidated, suspended, or revoked.
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1 The Secretary of State shall, upon receipt of a certified
2 court order from the court of jurisdiction, issue a family
3 financial responsibility driving permit. In order for this
4 permit to be issued, an individual's driving privileges must
5 be valid except for the family financial responsibility
6 suspension. This permit shall be valid only for employment
7 and medical purposes as set forth above. The permit shall
8 state the days and hours for which limited driving privileges
9 have been granted.
10 Any submitted court order that contains insufficient data
11 or fails to comply with any provision of this Code shall not
12 be used for issuance of the permit or entered to the
13 individual's driving record but shall be returned to the
14 court of jurisdiction indicating why the permit cannot be
15 issued at that time. The Secretary of State shall also send
16 notice of the return of the court order to the individual
17 requesting the permit.
18 (Source: P.A. 89-92, eff. 7-1-96.)
19 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
20 Sec. 12-603. Seat safety belts.
21 (a) No person shall sell any 1965 or later model motor
22 vehicle of the first division unless the front seat of such
23 motor vehicle is equipped with 2 sets of seat safety belts.
24 Motorcycles are exempted from the provisions of this Section.
25 (b) No person shall operate any 1965 or later model
26 motor vehicle of the first division that is titled or
27 licensed by the Secretary of State unless the front seat of
28 such motor vehicle is equipped with 2 sets of seat safety
29 belts.
30 (b-5) No person under the age of 18 years shall operate
31 any motor vehicle, except a motor driven cycle or motorcycle,
32 with more than one passenger in the front seat of the motor
33 vehicle and no more passengers in the back seats than the
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1 number of available seat safety belts, except that each
2 driver under the age of 18 years operating a second division
3 vehicle having a gross vehicle weight rating of 8,000 pounds
4 or less that contains only a front seat may operate the
5 vehicle with more than one passenger in the front seat,
6 provided that each passenger is wearing a properly adjusted
7 and fastened seat safety belt.
8 (c) As used in this Section, "seat safety belts" means a
9 set of belts or a harness meeting the specifications
10 established by the Department and installed in such manner as
11 to prevent or materially reduce the movement of the person
12 using the same in the event of collision or upset of the
13 vehicle.
14 (d) The Department shall establish performance
15 specifications for seat safety belts and for the attachment
16 and installation thereof.
17 (Source: P.A. 89-120, eff. 7-7-95.)
18 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
19 Sec. 12-603.1. Driver and passenger required to use
20 safety belts, exceptions and penalty.
21 (a) Each driver and front seat passenger of a motor
22 vehicle operated on a street or highway in this State shall
23 wear a properly adjusted and fastened seat safety belt;
24 except that, a child less than 6 years of age shall be
25 protected as required pursuant to the Child Passenger
26 Protection Act. Each driver under the age of 18 years and
27 each of the driver's passengers under the age of 18 years of
28 a motor vehicle operated on a street or highway in this State
29 shall wear a properly adjusted and fastened seat safety belt.
30 Each driver of a motor vehicle transporting a child 6 years
31 of age or more, but less than 16 years of age, in the front
32 seat of the motor vehicle shall secure the child in a
33 properly adjusted and fastened seat safety belt.
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1 (b) Paragraph (a) shall not apply to any of the
2 following:
3 1. A driver or passenger frequently stopping and leaving
4 the vehicle or delivering property from the vehicle, if the
5 speed of the vehicle between stops does not exceed 15 miles
6 per hour.
7 2. A driver or passenger possessing a written statement
8 from a physician that such person is unable, for medical or
9 physical reasons, to wear a seat safety belt.
10 3. A driver or passenger possessing an official
11 certificate or license endorsement issued by the appropriate
12 agency in another state or country indicating that the driver
13 is unable for medical, physical, or other valid reasons to
14 wear a seat safety belt.
15 4. A driver operating a motor vehicle in reverse.
16 5. A motor vehicle with a model year prior to 1965.
17 6. A motorcycle or motor driven cycle.
18 7. A motorized pedalcycle.
19 8. A motor vehicle which is not required to be equipped
20 with seat safety belts under federal law.
21 9. A motor vehicle operated by a rural letter carrier of
22 the United States postal service while performing duties as a
23 rural letter carrier.
24 (c) Failure to wear a seat safety belt in violation of
25 this Section shall not be considered evidence of negligence,
26 shall not limit the liability of an insurer, and shall not
27 diminish any recovery for damages arising out of the
28 ownership, maintenance, or operation of a motor vehicle.
29 (d) A violation of this Section shall be a petty offense
30 and subject to a fine not to exceed $25.
31 (e) No motor vehicle, or driver or passenger of such
32 vehicle, shall be stopped or searched by any law enforcement
33 officer solely on the basis of a violation or suspected
34 violation of this Section.
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1 (Source: P.A. 85-291.)
2 Section 10. The Child Passenger Protection Act is
3 amended by adding Section 4b as follows:
4 (625 ILCS 25/4b new)
5 Sec. 4b. Children 6 years of age or older but under the
6 age of 18; seat belts. Every person under the age of 18
7 years, when transporting a child 6 years of age or older but
8 under the age of 18 years, as provided in Section 4 of this
9 Act, shall be responsible for securing that child in a
10 properly adjusted and fastened seat safety belt.
11 Section 15. The Unified Code of Corrections is amended
12 by changing Section 5-6-1 as follows:
13 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
14 Sec. 5-6-1. Sentences of Probation and of Conditional
15 Discharge and Disposition of Supervision. The General
16 Assembly finds that in order to protect the public, the
17 criminal justice system must compel compliance with the
18 conditions of probation by responding to violations with
19 swift, certain and fair punishments and intermediate
20 sanctions. The Chief Judge of each circuit shall adopt a
21 system of structured, intermediate sanctions for violations
22 of the terms and conditions of a sentence of probation,
23 conditional discharge or disposition of supervision.
24 (a) Except where specifically prohibited by other
25 provisions of this Code, the court shall impose a sentence of
26 probation or conditional discharge upon an offender unless,
27 having regard to the nature and circumstance of the offense,
28 and to the history, character and condition of the offender,
29 the court is of the opinion that:
30 (1) his imprisonment or periodic imprisonment is
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1 necessary for the protection of the public; or
2 (2) probation or conditional discharge would
3 deprecate the seriousness of the offender's conduct and
4 would be inconsistent with the ends of justice.
5 The court shall impose as a condition of a sentence of
6 probation, conditional discharge, or supervision, that the
7 probation agency may invoke any sanction from the list of
8 intermediate sanctions adopted by the chief judge of the
9 circuit court for violations of the terms and conditions of
10 the sentence of probation, conditional discharge, or
11 supervision, subject to the provisions of Section 5-6-4 of
12 this Act.
13 (b) The court may impose a sentence of conditional
14 discharge for an offense if the court is of the opinion that
15 neither a sentence of imprisonment nor of periodic
16 imprisonment nor of probation supervision is appropriate.
17 (c) The court may, upon a plea of guilty or a
18 stipulation by the defendant of the facts supporting the
19 charge or a finding of guilt, defer further proceedings and
20 the imposition of a sentence, and enter an order for
21 supervision of the defendant, if the defendant is not charged
22 with a Class A misdemeanor, as defined by the following
23 provisions of the Criminal Code of 1961: Sections 12-3.2;
24 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
25 21-1; paragraph (1) through (5), (8), (10), and (11) of
26 subsection (a) of Section 24-1; and Section 1 of the Boarding
27 Aircraft With Weapon Act; or a felony. If the defendant is
28 not barred from receiving an order for supervision as
29 provided in this subsection, the court may enter an order for
30 supervision after considering the circumstances of the
31 offense, and the history, character and condition of the
32 offender, if the court is of the opinion that:
33 (1) the offender is not likely to commit further
34 crimes;
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1 (2) the defendant and the public would be best
2 served if the defendant were not to receive a criminal
3 record; and
4 (3) in the best interests of justice an order of
5 supervision is more appropriate than a sentence otherwise
6 permitted under this Code.
7 (d) The provisions of paragraph (c) shall not apply to a
8 defendant charged with violating Section 11-501 of the
9 Illinois Vehicle Code or a similar provision of a local
10 ordinance when the defendant has previously been:
11 (1) convicted for a violation of Section 11-501 of
12 the Illinois Vehicle Code or a similar provision of a
13 local ordinance; or
14 (2) assigned supervision for a violation of Section
15 11-501 of the Illinois Vehicle Code or a similar provision of
16 a local ordinance; or
17 (3) pleaded guilty to or stipulated to the facts
18 supporting a charge or a finding of guilty to a violation
19 of Section 11-503 of the Illinois Vehicle Code or a
20 similar provision of a local ordinance, and the plea or
21 stipulation was the result of a plea agreement.
22 The court shall consider the statement of the prosecuting
23 authority with regard to the standards set forth in this
24 Section.
25 (e) The provisions of paragraph (c) shall not apply to a
26 defendant charged with violating Section 16A-3 of the
27 Criminal Code of 1961 if said defendant has within the last 5
28 years been:
29 (1) convicted for a violation of Section 16A-3 of
30 the Criminal Code of 1961; or
31 (2) assigned supervision for a violation of Section
32 16A-3 of the Criminal Code of 1961.
33 The court shall consider the statement of the prosecuting
34 authority with regard to the standards set forth in this
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1 Section.
2 (f) The provisions of paragraph (c) shall not apply to a
3 defendant charged with violating Sections 15-111, 15-112,
4 15-301, paragraph (b) of Section 6-104, Section 11-605, or
5 Section 11-1414 of the Illinois Vehicle Code or a similar
6 provision of a local ordinance.
7 (g) The provisions of paragraph (c) shall not apply to a
8 defendant charged with violating Section 3-707, 3-708, 3-710,
9 or 5-401.3 of the Illinois Vehicle Code or a similar
10 provision of a local ordinance if the defendant has within
11 the last 5 years been:
12 (1) convicted for a violation of Section 3-707,
13 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
14 a similar provision of a local ordinance; or
15 (2) assigned supervision for a violation of Section
16 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
17 Code or a similar provision of a local ordinance.
18 The court shall consider the statement of the prosecuting
19 authority with regard to the standards set forth in this
20 Section.
21 (h) The provisions of paragraph (c) shall not apply to a
22 defendant under the age of 21 years charged with violating a
23 serious traffic offense as defined in Section 1-187.001 of
24 the Illinois Vehicle Code:
25 (1) unless the defendant, upon payment of the
26 fines, penalties, and costs provided by law, agrees to
27 attend and successfully complete a traffic safety program
28 approved by the court under standards set by the
29 Conference of Chief Circuit Judges. The accused shall be
30 responsible for payment of any traffic safety program
31 fees. If the accused fails to file a certificate of
32 successful completion on or before the termination date
33 of the supervision order, the supervision shall be
34 summarily revoked and conviction entered. The provisions
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1 of Supreme Court Rule 402 relating to pleas of guilty do
2 not apply in cases when a defendant enters a guilty plea
3 under this provision; or
4 (2) if the defendant has previously been sentenced
5 under the provisions of paragraph (c) on or after January
6 1, 1998 for any serious traffic offense as defined in
7 Section 1-187.001 of the Illinois Vehicle Code.
8 (Source: P.A. 88-250; 89-198, eff. 7-21-95; 89-210, eff.
9 8-2-95; 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
10 Section 99. Effective date. This Act takes effect
11 January 1, 1998.