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90_SB1424ham002
LRB9008478RCmbam01
1 AMENDMENT TO SENATE BILL 1424
2 AMENDMENT NO. . Amend Senate Bill 1424, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning driving violations, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 4-203, 6-113, 6-118, 6-208, 6-303, and
10 11-501 as follows:
11 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
12 Sec. 4-203. Removal of motor vehicles or other vehicles;
13 Towing or hauling away.
14 (a) When a vehicle is abandoned, or left unattended, on a
15 toll highway, interstate highway, or expressway for 2 hours
16 or more, its removal by a towing service may be authorized by
17 a law enforcement agency having jurisdiction.
18 (b) When a vehicle is abandoned on a highway in an urban
19 district 10 hours or more, its removal by a towing service
20 may be authorized by a law enforcement agency having
21 jurisdiction.
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1 (c) When a vehicle is abandoned or left unattended on a
2 highway other than a toll highway, interstate highway, or
3 expressway, outside of an urban district for 24 hours or
4 more, its removal by a towing service may be authorized by a
5 law enforcement agency having jurisdiction.
6 (d) When an abandoned, unattended, wrecked, burned or
7 partially dismantled vehicle is creating a traffic hazard
8 because of its position in relation to the highway or its
9 physical appearance is causing the impeding of traffic, its
10 immediate removal from the highway or private property
11 adjacent to the highway by a towing service may be authorized
12 by a law enforcement agency having jurisdiction.
13 (e) Whenever a peace officer reasonably believes that a
14 person under arrest for a violation of Section 11-501 of this
15 Code or a similar provision of a local ordinance is likely,
16 upon release, to commit a subsequent violation of Section
17 11-501, or a similar provision of a local ordinance, the
18 arresting officer shall have the vehicle which the person was
19 operating at the time of the arrest impounded for a period of
20 not more than 12 6 hours after the time of arrest. However,
21 such vehicle may be released by the arresting law enforcement
22 agency prior to the end of the impoundment period if:
23 (1) the vehicle was not owned by the person under
24 arrest, and the lawful owner requesting such release
25 possesses a valid operator's license, proof of ownership,
26 and would not, as determined by the arresting law
27 enforcement agency, indicate a lack of ability to operate
28 a motor vehicle in a safe manner, or who would otherwise,
29 by operating such motor vehicle, be in violation of this
30 Code; or
31 (2) the vehicle is owned by the person under
32 arrest, and the person under arrest gives permission to
33 another person to operate such vehicle, provided however,
34 that the other person possesses a valid operator's
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1 license and would not, as determined by the arresting law
2 enforcement agency, indicate a lack of ability to operate
3 a motor vehicle in a safe manner or who would otherwise,
4 by operating such motor vehicle, be in violation of this
5 Code.
6 (e-5) Whenever a person is taken into custody for
7 operating the vehicle in violation of Section 11-501 of this
8 Code or a similar provision of a local ordinance or in
9 violation of Section 6-303 of this Code where the revocation
10 or suspension of the person's driver's license was based on
11 the provisions of Section 11-501.1 of this Code or was based
12 on a violation of Section 11-501 of this Code or Section 9-3
13 of the Criminal Code of 1961, a law enforcement officer may
14 have the vehicle immediately impounded for a period not less
15 than 24 hours for a second or subsequent violation of Section
16 11-501 of this Code or a similar provision of a local
17 ordinance or Section 6-303 of this Code or a combination of
18 these offenses. However, such vehicle may be released by the
19 arresting law enforcement agency prior to the end of the
20 impoundment period if:
21 (1) the vehicle was not owned by the person under
22 arrest, and the lawful owner requesting such release
23 possesses a valid operator's license, proof of ownership,
24 and would not, as determined by the arresting law
25 enforcement agency, indicate a lack of ability to operate
26 a motor vehicle in a safe manner, or who would otherwise,
27 by operating such motor vehicle, be in violation of this
28 Code; or
29 (2) the vehicle is owned by the person under
30 arrest, and the person under arrest gives permission to
31 another person to operate such vehicle, provided however,
32 that the other person possesses a valid operator's
33 license and would not, as determined by the arresting law
34 enforcement agency, indicate a lack of ability to operate
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1 a motor vehicle in a safe manner or who would otherwise,
2 by operating such motor vehicle, be in violation of this
3 Code.
4 (f) Except as provided in Chapter 18a of this Code, the
5 owner or lessor of privately owned real property within this
6 State, or any person authorized by such owner or lessor, or
7 any law enforcement agency in the case of publicly owned real
8 property may cause any motor vehicle abandoned or left
9 unattended upon such property without permission to be
10 removed by a towing service without liability for the costs
11 of removal, transportation or storage or damage caused by
12 such removal, transportation or storage. The towing or
13 removal of any vehicle from private property without the
14 consent of the registered owner or other legally authorized
15 person in control of the vehicle is subject to compliance
16 with the following conditions and restrictions:
17 1. Any towed or removed vehicle must be stored at
18 the site of the towing service's place of business. The
19 site must be open during business hours, and for the
20 purpose of redemption of vehicles, during the time that
21 the person or firm towing such vehicle is open for towing
22 purposes.
23 2. The towing service shall within 30 minutes of
24 completion of such towing or removal, notify the law
25 enforcement agency having jurisdiction of such towing or
26 removal, and the make, model, color and license plate
27 number of the vehicle, and shall obtain and record the
28 name of the person at the law enforcement agency to whom
29 such information was reported.
30 3. If the registered owner or legally authorized
31 person entitled to possession of the vehicle shall arrive
32 at the scene prior to actual removal or towing of the
33 vehicle, the vehicle shall be disconnected from the tow
34 truck and that person shall be allowed to remove the
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1 vehicle without interference, upon the payment of a
2 reasonable service fee of not more than one half the
3 posted rate of the towing service as provided in
4 paragraph 6 of this subsection, for which a receipt shall
5 be given.
6 4. The rebate or payment of money or any other
7 valuable consideration from the towing service or its
8 owners, managers or employees to the owners or operators
9 of the premises from which the vehicles are towed or
10 removed, for the privilege of removing or towing those
11 vehicles, is prohibited. Any individual who violates
12 this paragraph shall be guilty of a Class A misdemeanor.
13 5. Except for property appurtenant to and obviously
14 a part of a single family residence, and except for
15 instances where notice is personally given to the owner
16 or other legally authorized person in control of the
17 vehicle that the area in which that vehicle is parked is
18 reserved or otherwise unavailable to unauthorized
19 vehicles and they are subject to being removed at the
20 owner or operator's expense, any property owner or
21 lessor, prior to towing or removing any vehicle from
22 private property without the consent of the owner or
23 other legally authorized person in control of that
24 vehicle, must post a notice meeting the following
25 requirements:
26 a. The notice must be prominently placed at
27 each driveway access or curb cut allowing vehicular
28 access to the property within 5 feet from the public
29 right-of-way line. If there are no curbs or access
30 barriers, the sign must be posted not less than one
31 sign each 100 feet of lot frontage.
32 b. The notice must indicate clearly, in not
33 less than 2 inch high light-reflective letters on a
34 contrasting background, that unauthorized vehicles
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1 will be towed away at the owner's expense.
2 c. The notice must also provide the name and
3 current telephone number of the towing service
4 towing or removing the vehicle.
5 d. The sign structure containing the required
6 notices must be permanently installed with the
7 bottom of the sign not less than 4 feet above ground
8 level, and must be continuously maintained on the
9 property for not less than 24 hours prior to the
10 towing or removing of any vehicle.
11 6. Any towing service that tows or removes vehicles
12 and proposes to require the owner, operator, or person in
13 control of the vehicle to pay the costs of towing and
14 storage prior to redemption of the vehicle must file and
15 keep on record with the local law enforcement agency a
16 complete copy of the current rates to be charged for such
17 services, and post at the storage site an identical rate
18 schedule and any written contracts with property owners,
19 lessors, or persons in control of property which
20 authorize them to remove vehicles as provided in this
21 Section.
22 7. No person shall engage in the removal of
23 vehicles from private property as described in this
24 Section without filing a notice of intent in each
25 community where he intends to do such removal, and such
26 notice shall be filed at least 7 days before commencing
27 such towing.
28 8. No removal of a vehicle from private property
29 shall be done except upon express written instructions of
30 the owners or persons in charge of the private property
31 upon which the vehicle is said to be trespassing.
32 9. Vehicle entry for the purpose of removal shall
33 be allowed with reasonable care on the part of the person
34 or firm towing the vehicle. Such person or firm shall be
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1 liable for any damages occasioned to the vehicle if such
2 entry is not in accordance with the standards of
3 reasonable care.
4 10. When a vehicle has been towed or removed
5 pursuant to this Section, it must be released to its
6 owner or custodian within one half hour after requested,
7 if such request is made during business hours. Any
8 vehicle owner or custodian or agent shall have the right
9 to inspect the vehicle before accepting its return, and
10 no release or waiver of any kind which would release the
11 towing service from liability for damages incurred during
12 the towing and storage may be required from any vehicle
13 owner or other legally authorized person as a condition
14 of release of the vehicle. A detailed, signed receipt
15 showing the legal name of the towing service must be
16 given to the person paying towing or storage charges at
17 the time of payment, whether requested or not.
18 This Section shall not apply to law enforcement,
19 firefighting, rescue, ambulance, or other emergency vehicles
20 which are marked as such or to property owned by any
21 governmental entity.
22 When an authorized person improperly causes a motor
23 vehicle to be removed, such person shall be liable to the
24 owner or lessee of the vehicle for the cost or removal,
25 transportation and storage, any damages resulting from the
26 removal, transportation and storage, attorney's fee and court
27 costs.
28 Any towing or storage charges accrued shall be payable by
29 the use of any major credit card, in addition to being
30 payable in cash.
31 11. Towing companies shall also provide insurance
32 coverage for areas where vehicles towed under the
33 provisions of this Chapter will be impounded or otherwise
34 stored, and shall adequately cover loss by fire, theft or
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1 other risks.
2 Any person who fails to comply with the conditions and
3 restrictions of this subsection shall be guilty of a Class C
4 misdemeanor and shall be fined not less than $100 nor more
5 than $500.
6 (g) When a vehicle is determined to be a hazardous
7 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
8 the Illinois Municipal Code, its removal and impoundment by a
9 towing service may be authorized by a law enforcement agency
10 with appropriate jurisdiction.
11 When a vehicle removal from either public or private
12 property is authorized by a law enforcement agency, the owner
13 of the vehicle shall be responsible for all towing and
14 storage charges.
15 Vehicles removed from public or private property and
16 stored by a commercial vehicle relocator or any other towing
17 service in compliance with this Section and Sections 4-201
18 and 4-202 of this Code, shall be subject to a possessor lien
19 for services pursuant to "An Act concerning liens for labor,
20 services, skill or materials furnished upon or storage
21 furnished for chattels", filed July 24, 1941, as amended, and
22 the provisions of Section 1 of that Act relating to notice
23 and implied consent shall be deemed satisfied by compliance
24 with Section 18a-302 and subsection (6) of Section 18a-300.
25 In no event shall such lien be greater than the rate or rates
26 established in accordance with subsection (6) of Section
27 18a-200 of this Code. In no event shall such lien be
28 increased or altered to reflect any charge for services or
29 materials rendered in addition to those authorized by this
30 Act. Every such lien shall be payable by use of any major
31 credit card, in addition to being payable in cash.
32 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
33 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
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1 Sec. 6-113. Restricted licenses and permits. (a) The
2 Secretary of State upon issuing a drivers license or permit
3 shall have the authority whenever good cause appears to
4 impose restrictions suitable to the licensee's driving
5 ability with respect to the type of, or special mechanical
6 control devices required on, a motor vehicle which the
7 licensee may operate or such other restrictions applicable to
8 the licensee as the Secretary of State may determine to be
9 appropriate to assure the safe operation of a motor vehicle
10 by the licensee.
11 (b) The Secretary of State may either issue a special
12 restricted license or permit or may set forth such
13 restrictions upon the usual license or permit form.
14 (c) The Secretary of State may issue a probationary
15 license to a person whose driving privileges have been
16 suspended pursuant to subsection (d) of this Section or
17 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of
18 this Code. The Secretary of State shall promulgate rules
19 pursuant to The Illinois Administrative Procedure Act,
20 setting forth the conditions and criteria for the issuance
21 and cancellation of probationary licenses.
22 (c-5) The Secretary of State may issue a restricted
23 driver's permit under the provision of paragraph (c) of
24 Section 6-205 of this Code to a person who, under the
25 provisions of subparagraph 4 of paragraph (b) of Section
26 6-208 of this Code, is not eligible to apply for a driver's
27 license. The Secretary of State shall promulgate rules
28 pursuant to the Illinois Administrative Procedure Act setting
29 forth the conditions and criteria for the issuance and
30 cancellation of such permit.
31 (d) The Secretary of State may upon receiving
32 satisfactory evidence of any violation of the restrictions of
33 such license or permit suspend, revoke or cancel the same
34 without preliminary hearing, but the licensee or permittee
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1 shall be entitled to a hearing as in the case of a suspension
2 or revocation.
3 (e) It is unlawful for any person to operate a motor
4 vehicle in any manner in violation of the restrictions
5 imposed on a restricted license or permit issued to him.
6 (f) Whenever the holder of a restricted driving permit
7 is issued a citation for any of the following offenses
8 including similar local ordinances, the restricted driving
9 permit is immediately invalidated:
10 1. Reckless homicide resulting from the operation of a
11 motor vehicle;
12 2. Violation of Section 11-501 of this Act relating to
13 the operation of a motor vehicle while under the influence of
14 intoxicating liquor or narcotic drugs;
15 3. Violation of Section 11-401 of this Act relating to
16 the offense of leaving the scene of a traffic accident
17 involving death or injury; or
18 4. Violation of Section 11-504 of this Act relating to
19 the offense of drag racing;
20 The police officer issuing the citation shall confiscate
21 the restricted driving permit and forward it, along with the
22 citation, to the Clerk of the Circuit Court of the county in
23 which the citation was issued.
24 (Source: P.A. 86-549.)
25 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
26 Sec. 6-118. Fees.
27 (a) The fee for licenses and permits under this Article
28 is as follows:
29 Original driver's license.............................$10
30 Original or renewal driver's license
31 issued to 18, 19 and 20 year olds..................5
32 All driver's licenses for persons
33 age 69 through age 80..............................5
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1 All driver's licenses for persons
2 age 81 through age 86..............................2
3 All driver's licenses for persons
4 age 87 or older....................................0
5 Renewal driver's license (except for
6 applicants ages 18, 19 and 20 or
7 age 69 and older).................................10
8 Original instruction permit issued to
9 persons (except those age 69 and older)
10 who do not hold or have not previously
11 held an Illinois instruction permit or
12 driver's license..................................20
13 Instruction permit issued to any person
14 holding an Illinois driver's license
15 who wishes a change in classifications,
16 other than at the time of renewal..................5
17 Any instruction permit issued to a person
18 age 69 and older...................................5
19 Instruction permit issued to any person,
20 under age 69, not currently holding a
21 valid Illinois driver's license or
22 instruction permit but who has
23 previously been issued either document
24 in Illinois.......................................10
25 Restricted driving permit...............................8
26 Duplicate or corrected driver's license
27 or permit..........................................5
28 Duplicate or corrected restricted
29 driving permit.....................................5
30 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
31 The fees for commercial driver licenses and permits
32 under Article V shall be as follows:
33 Commercial driver's license:
34 $6 for the CDLIS/AAMVAnet Fund
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1 (Commercial Driver's License Information
2 System/American Association of Motor Vehicle
3 Administrators network Trust Fund);
4 $10 for the driver's license;
5 and $24 for the CDL:.............................$40
6 Renewal commercial driver's license:
7 $6 for the CDLIS/AAMVAnet Trust Fund;
8 $10 for the driver's license; and
9 $24 for the CDL:.................................$40
10 Commercial driver instruction permit
11 issued to any person holding a valid
12 Illinois driver's license for the
13 purpose of changing to a
14 CDL classification: $6 for the
15 CDLIS/AAMVAnet Trust Fund; and
16 $24 for the CDL classification...................$30
17 Commercial driver instruction permit
18 issued to any person holding a valid
19 Illinois CDL for the purpose of
20 making a change in a classification,
21 endorsement or restriction........................$5
22 CDL duplicate or corrected license.....................$5
23 In order to ensure the proper implementation of the
24 Uniform Commercial Driver License Act, Article V of this
25 Chapter, the Secretary of State is empowered to pro-rate the
26 $24 fee for the commercial driver's license proportionate to
27 the expiration date of the applicant's Illinois driver's
28 license.
29 The fee for any duplicate license or permit shall be
30 waived for any person age 60 or older who presents the
31 Secretary of State's office with a police report showing that
32 his license or permit was stolen.
33 No additional fee shall be charged for a driver's
34 license, or for a commercial driver's license, when issued to
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1 the holder of an instruction permit for the same
2 classification or type of license who becomes eligible for
3 such license.
4 (b) Any person whose license or privilege to operate a
5 motor vehicle in this State has been suspended or revoked
6 under any provision of Chapter 6, Chapter 11, or Section
7 7-702 of the Family Financial Responsibility Law of this
8 Code, shall in addition to any other fees required by this
9 Code, pay a reinstatement fee as follows:
10 Summary suspension under Section 11-501.1.............$60
11 Other suspension......................................$30
12 Revocation............................................$60
13 However, any person whose license or privilege to operate
14 a motor vehicle in this State has been suspended or revoked
15 for a second or subsequent violation of Section 11-501 of
16 this Code or a similar provision of a local ordinance or
17 Section 9-3 of the Criminal Code of 1961 or was suspended for
18 a second or subsequent time based on the provisions of
19 Section 11-501.1 of this Code and each suspension or
20 revocation was for a violation of Section 11-501 of this Code
21 or a similar provision of a local ordinance or Section 9-3 of
22 the Criminal Code of 1961 or was based on the provisions of
23 Section 11-501.1 of this Code shall pay, in addition to any
24 other fees required by this Code, a reinstatement fee as
25 follows:
26 Summary suspension under Section 11-501.1............$250
27 Revocation...........................................$250
28 (c) All fees collected under the provisions of this
29 Chapter 6 shall be paid into the Road Fund in the State
30 Treasury except as follows:
31 1. The following amounts shall be paid into the
32 Driver Education Fund:
33 (A) $16 of the $20 fee for an original
34 driver's instruction permit;
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1 (B) $5 of the $10 fee for an original driver's
2 license;
3 (C) $5 of the $10 fee for a 4 year renewal
4 driver's license; and
5 (D) $4 of the $8 fee for a restricted driving
6 permit.
7 2. $30 of the $60 fee for reinstatement of a license
8 summarily suspended under Section 11-501.1 shall be
9 deposited into the Drunk and Drugged Driving Prevention
10 Fund. However, for a person whose license or privilege
11 to operate a motor vehicle in this State has been
12 suspended or revoked for a second or subsequent violation
13 of Section 11-501 of this Code or Section 9-3 of the
14 Criminal Code of 1961, or was suspended a second or
15 subsequent time under the provisions of Section 11-501.1
16 of this Code, $190 of the $250 fee for reinstatement of a
17 license summarily suspended under Section 11-501.1, and
18 $190 of the $250 fee for reinstatement of a revoked
19 license shall be deposited into the Drunk and Drugged
20 Driving Prevention Fund.
21 3. $6 of such original or renewal fee for a
22 commercial driver's license and $6 of the commercial
23 driver instruction permit fee when such permit is issued
24 to any person holding a valid Illinois driver's license,
25 shall be paid into the CDLIS/AAMVAnet Trust Fund.
26 4. The $30 fee for reinstatement of a license
27 suspended under the Family Financial Responsibility Law
28 shall be paid into the Family Responsibility Fund.
29 (Source: P.A. 89-92, eff. 7-1-96.)
30 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
31 Sec. 6-208. Period of Suspension - Application After
32 Revocation.
33 (a) Except as otherwise provided by this Code or any
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1 other law of this State, the Secretary of State shall not
2 suspend a driver's license, permit or privilege to drive a
3 motor vehicle on the highways for a period of more than one
4 year.
5 (b) Any person whose license, permit or privilege to
6 drive a motor vehicle on the highways has been revoked shall
7 not be entitled to have such license, permit or privilege
8 renewed or restored. However, such person may, except as
9 provided under subsection (d) of Section 6-205, make
10 application for a license pursuant to Section 6-106 if the
11 revocation was for a cause which has been removed or:
12 1. Except as provided in subparagraphs 2, and 3,
13 and 4, after the expiration of one year from the
14 effective date of the revocation or, in the case of a
15 violation of paragraph (b) of Section 11-401 of this Code
16 or a similar provision of a local ordinance, after the
17 expiration of 3 years from the effective date of the
18 revocation or, in the case of a violation of Section 9-3
19 of the Criminal Code of 1961 relating to the offense of
20 reckless homicide, after the expiration of 2 years from
21 the effective date of the revocation; or
22 2. If such person is convicted of committing a
23 second violation within a 20 year period of:
24 - Section 11-501 of this Code, or a similar
25 provision of a local ordinance; or
26 - Paragraph (b) of Section 11-401 of this Code,
27 or a similar provision of a local ordinance; or
28 - Section 9-3 of the Criminal Code of 1961, as
29 amended, relating to the offense of reckless
30 homicide; or
31 - any combination of the above offenses
32 committed at different instances;
33 then such person may not make application for a license
34 until after the expiration of 5 years from the effective
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1 date of the most recent revocation. The 20 year period
2 shall be computed by using the dates the offenses were
3 committed and shall also include similar out-of-state
4 offenses.
5 3. However, except as provided in subparagraph 4,
6 if such person is convicted of committing a third, or
7 subsequent, violation or any combination of the above
8 offenses, including similar out-of-state offenses,
9 contained in subparagraph 2, then such person may not
10 make application for a license until after the expiration
11 of 10 years from the effective date of the most recent
12 revocation.
13 4. The person may not make application for a
14 license if the person is convicted of committing a fourth
15 or subsequent violation of Section 11-501 of this Code or
16 a similar provision of a local ordinance, paragraph (b)
17 of Section 11-401 of this Code, Section 9-3 of the
18 Criminal Code of 1961, or a combination of these
19 offenses. or similar provisions of local ordinances or
20 similar out-of-state offenses.
21 Notwithstanding any other provision of this Code, all
22 persons referred to in this paragraph (b) may not have their
23 privileges restored until the Secretary receives payment of
24 the required reinstatement fee pursuant to subsection (b) of
25 Section 6-118.
26 In no event shall the Secretary issue such license unless
27 and until such person has had a hearing pursuant to this Code
28 and the appropriate administrative rules and the Secretary is
29 satisfied, after a review or investigation of such person,
30 that to grant the privilege of driving a motor vehicle on the
31 highways will not endanger the public safety or welfare.
32 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
33 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
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1 Sec. 6-208.1. Period of statutory summary alcohol or
2 other drug related suspension.
3 (a) Unless the statutory summary suspension has been
4 rescinded, any person whose privilege to drive a motor
5 vehicle on the public highways has been summarily suspended,
6 pursuant to Section 11-501.1, shall not be eligible for
7 restoration of the privilege until the expiration of:
8 1. Six months from the effective date of the
9 statutory summary suspension for a refusal or failure to
10 complete a test or tests to determine the alcohol or drug
11 concentration, pursuant to Section 11-501.1; or
12 2. Three months from the effective date of the
13 statutory summary suspension imposed following the
14 person's submission to a chemical test which disclosed an
15 alcohol concentration of 0.08 or more, or any amount of a
16 drug, substance or compound in such person's blood or
17 urine resulting from the unlawful use or consumption of
18 cannabis listed in the Cannabis Control Act or a
19 controlled substance listed in the Illinois Controlled
20 Substances Act, pursuant to Section 11-501.1; or
21 3. Three Two years from the effective date of the
22 statutory summary suspension for any person other than a
23 first offender who refuses or fails to complete a test or
24 tests to determine the alcohol or drug concentration
25 pursuant to Section 11-501.1; or
26 4. One year from the effective date of the summary
27 suspension imposed for any person other than a first
28 offender following submission to a chemical test which
29 disclosed an alcohol concentration of 0.08 or more
30 pursuant to Section 11-501.1 or any amount of a drug,
31 substance or compound in such person's blood or urine
32 resulting from the unlawful use or consumption of
33 cannabis listed in the Cannabis Control Act or a
34 controlled substance listed in the Illinois Controlled
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1 Substances Act.
2 (b) Following a statutory summary suspension of the
3 privilege to drive a motor vehicle under Section 11-501.1,
4 full driving privileges shall be restored unless the person
5 is otherwise disqualified by this Code. If the court has
6 reason to believe that the person's driving privilege should
7 not be restored, the court shall notify the Secretary of
8 State prior to the expiration of the statutory summary
9 suspension so appropriate action may be taken pursuant to
10 this Code.
11 (c) Full driving privileges may not be restored until
12 all applicable reinstatement fees, as provided by this Code,
13 have been paid to the Secretary of State and the appropriate
14 entry made to the driver's record.
15 (d) Where a driving privilege has been summarily
16 suspended under Section 11-501.1 and the person is
17 subsequently convicted of violating Section 11-501, or a
18 similar provision of a local ordinance, for the same
19 incident, any period served on statutory summary suspension
20 shall be credited toward the minimum period of revocation of
21 driving privileges imposed pursuant to Section 6-205.
22 (e) Following a statutory summary suspension of driving
23 privileges pursuant to Section 11-501.1, for a first
24 offender, the circuit court may, after at least 30 days from
25 the effective date of the statutory summary suspension, issue
26 a judicial driving permit as provided in Section 6-206.1.
27 (f) Subsequent to an arrest of a first offender, for any
28 offense as defined in Section 11-501 or a similar provision
29 of a local ordinance, following a statutory summary
30 suspension of driving privileges pursuant to Section
31 11-501.1, for a first offender, the circuit court may issue a
32 court order directing the Secretary of State to issue a
33 judicial driving permit as provided in Section 6-206.1.
34 However, this JDP shall not be effective prior to the 31st
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1 day of the statutory summary suspension.
2 (g) Following a statutory summary suspension of driving
3 privileges pursuant to Section 11-501.1 where the person was
4 not a first offender, as defined in Section 11-500 and such
5 person refused or failed to complete a test or tests to
6 determine the alcohol or drug concentration pursuant to
7 Section 11-501.1, the Secretary of State may shall not issue
8 a restricted driving permit if at least one year has elapsed
9 since the effective date of the statutory summary suspension.
10 (h) Following a statutory summary suspension of driving
11 privileges pursuant to Section 11-501.1 where the person was
12 not a first offender as defined in Section 11-500 and such
13 person submitted to a chemical test which disclosed an
14 alcohol concentration of 0.08 or more pursuant to Section
15 11-501.1, the Secretary of State may, after at least 90 days
16 from the effective date of the statutory summary suspension,
17 issue a restricted driving permit.
18 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
19 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
20 Sec. 6-303. Driving while driver's license, permit or
21 privilege to operate a motor vehicle is suspended or revoked.
22 (a) Any person who drives or is in actual physical
23 control of a motor vehicle on any highway of this State at a
24 time when such person's driver's license, permit or privilege
25 to do so or the privilege to obtain a driver's license or
26 permit is revoked or suspended as provided by this Code or
27 the law of another state, except as may be specifically
28 allowed by a judicial driving permit, family financial
29 responsibility driving permit, probationary license to drive,
30 or a restricted driving permit issued pursuant to this Code
31 or under the law of another state, shall be guilty of a Class
32 A misdemeanor.
33 (b) The Secretary of State upon receiving a report of
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1 the conviction of any violation indicating a person was
2 operating a motor vehicle during the time when said person's
3 driver's license, permit or privilege was suspended by the
4 Secretary, by the appropriate authority of another state, or
5 pursuant to Section 11-501.1; except as may be specifically
6 allowed by a probationary license to drive, judicial driving
7 permit or restricted driving permit issued pursuant to this
8 Code or the law of another state; shall extend the suspension
9 for the same period of time as the originally imposed
10 suspension; however, if the period of suspension has then
11 expired, the Secretary shall be authorized to suspend said
12 person's driving privileges for the same period of time as
13 the originally imposed suspension; and if the conviction was
14 upon a charge which indicated that a vehicle was operated
15 during the time when the person's driver's license, permit or
16 privilege was revoked; except as may be allowed by a
17 restricted driving permit issued pursuant to this Code or the
18 law of another state; the Secretary shall not issue a
19 driver's license for an additional period of one year from
20 the date of such conviction indicating such person was
21 operating a vehicle during such period of revocation.
22 (c) Any person convicted of violating this Section shall
23 serve a minimum term of imprisonment of 7 consecutive days or
24 30 days of community service when the person's driving
25 privilege was revoked or suspended as a result of:
26 (1) a violation of Section 11-501 of this Code or a
27 similar provision of a local ordinance relating to the
28 offense of operating or being in physical control of a
29 vehicle while under the influence of alcohol, any other
30 drug or any combination thereof; or
31 (2) a violation of paragraph (b) of Section 11-401
32 of this Code or a similar provision of a local ordinance
33 relating to the offense of leaving the scene of a motor
34 vehicle accident involving personal injury or death; or
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1 (3) a violation of Section 9-3 of the Criminal Code
2 of 1961, as amended, relating to the offense of reckless
3 homicide; or
4 (4) a statutory summary suspension under Section
5 11-501.1 of this Code.
6 Such sentence of imprisonment or community service shall
7 not be subject to suspension in order to reduce such
8 sentence.
9 (d) Any person convicted of a second or subsequent
10 violation of this Section shall be guilty of a Class 4 felony
11 if the original revocation or suspension was for a violation
12 of Section 11-401 or 11-501 of this Code, or a similar
13 out-of-state offense, or a similar provision of a local
14 ordinance, a violation of Section 9-3 of the Criminal Code of
15 1961, relating to the offense of reckless homicide, or a
16 similar out-of-state offense, or a statutory summary
17 suspension under Section 11-501.1 of this Code. For any
18 prosecution under this Section, a certified copy of the
19 driving abstract of the defendant shall be admitted as proof
20 of any prior conviction.
21 (e) Any person in violation of this Section who is also
22 in violation of Section 7-601 of this Code relating to
23 mandatory insurance requirements, in addition to other
24 penalties imposed under this Section, shall have his or her
25 motor vehicle immediately impounded by the arresting law
26 enforcement officer. The motor vehicle may be released to
27 any licensed driver upon a showing of proof of insurance for
28 the vehicle that was impounded and the notarized written
29 consent for the release by the vehicle owner.
30 (f) For any prosecution under this Section, a certified
31 copy of the driving abstract of the defendant shall be
32 admitted as proof of any prior conviction.
33 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
34 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
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1 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
2 Sec. 11-501. Driving while under the influence of
3 alcohol, other drug, or combination of both.
4 (a) A person shall not drive or be in actual physical
5 control of any vehicle within this State while:
6 (1) the alcohol concentration in the person's blood
7 or breath is 0.08 or more based on the definition of
8 blood and breath units in Section 11-501.2;
9 (2) under the influence of alcohol;
10 (3) under the influence of any other drug or
11 combination of drugs to a degree that renders the person
12 incapable of safely driving;
13 (4) under the combined influence of alcohol and any
14 other drug or drugs to a degree that renders the person
15 incapable of safely driving; or
16 (5) there is any amount of a drug, substance, or
17 compound in the person's blood or urine resulting from
18 the unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act, or a controlled substance listed in
20 the Illinois Controlled Substances Act.
21 (b) The fact that any person charged with violating this
22 Section is or has been legally entitled to use alcohol, or
23 other drugs, or any combination of both, shall not
24 constitute a defense against any charge of violating this
25 Section.
26 (c) Except as provided under paragraphs (c-3) and (d) of
27 this Section, every person convicted of violating this
28 Section or a similar provision of a local ordinance, shall be
29 guilty of a Class A misdemeanor and, in addition to any other
30 criminal or administrative action, for any second conviction
31 of violating this Section or a similar provision of a law of
32 another state or local ordinance committed within 5 years of
33 a previous violation of this Section or a similar provision
34 of a local ordinance shall be mandatorily sentenced to a
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1 minimum of 48 consecutive hours of imprisonment or assigned
2 to a minimum of 100 hours of community service as may be
3 determined by the court. Every person convicted of violating
4 this Section or a similar provision of a local ordinance
5 shall be subject to a mandatory minimum fine of $500 and a
6 mandatory 5 days of community service in a program benefiting
7 children if the person committed a violation of paragraph (a)
8 or a similar provision of a local ordinance while
9 transporting a person under age 16. Every person convicted a
10 second time for violating this Section or a similar provision
11 of a local ordinance within 5 years of a previous violation
12 of this Section or a similar provision of a law of another
13 state or local ordinance shall be subject to a mandatory
14 minimum fine of $500 and 10 days of mandatory community
15 service in a program benefiting children if the current
16 offense was committed while transporting a person under age
17 16. The imprisonment or assignment under this subsection
18 shall not be subject to suspension nor shall the person be
19 eligible for probation in order to reduce the sentence or
20 assignment.
21 (c-1) (1) A person who violates this Section during a
22 period in which his or her driving privileges are revoked
23 or suspended, where the revocation or suspension was for
24 a violation of this Section, paragraph (b) of Section
25 11-401 of this Code, or Section 9-3 of the Criminal Code
26 of 1961 or was based on the provisions of Section
27 11-501.1 of this Code is guilty of a Class 4 felony and
28 or Section 11-501.1 shall, unless sentenced to a term of
29 imprisonment in the penitentiary, in addition to any
30 other criminal or administrative action, be sentenced to
31 a minimum term of 30 consecutive days of imprisonment, 40
32 days of 24 hour periodic imprisonment or 720 hours of
33 community service, as may be determined by the court.
34 This mandatory minimum term of imprisonment or assignment
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1 of community service shall not be suspended and shall not
2 be subject to reduction by the court.
3 (2) A person who violates this Section a third time
4 during a period in which his or her driving privileges
5 are revoked or suspended where the revocation or
6 suspension was for a violation of this Section, paragraph
7 (b) of Section 11-401 of this Code, or Section 9-3 of the
8 Criminal Code of 1961 or was based on the provisions of
9 Section 11-501.1 of this Code is guilty of a Class 3
10 felony.
11 (3) A person who violates this Section a fourth or
12 subsequent time during a period in which his or her
13 driving privileges are revoked or suspended where the
14 revocation or suspension was for a violation of this
15 Section, paragraph (b) of Section 11-401 of this Code, or
16 Section 9-3 of the Criminal Code of 1961 or was based on
17 the provisions of Section 11-501.1 of this Code is guilty
18 of a Class 2 felony.
19 (c-2) (Blank).
20 (c-3) Every person convicted of violating this Section
21 or a similar provision of a local ordinance who had a child
22 under age 16 in the vehicle at the time of the offense shall
23 have his or her punishment under this Act enhanced by 2 days
24 of imprisonment for a first offense, 10 days of imprisonment
25 for a second offense, 30 days of imprisonment for a third
26 offense, and 90 days of imprisonment for a fourth or
27 subsequent offense, in addition to the fine and community
28 service required under subsection (c) and the possible
29 imprisonment required under subsection (d). The imprisonment
30 or assignment under this subsection shall not be subject to
31 suspension nor shall the person be eligible for probation in
32 order to reduce the sentence or assignment.
33 (d) (1) Every person convicted of committing a violation
34 of this Section shall be guilty of aggravated driving under
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1 the influence of alcohol or drugs or a combination of both
2 if:
3 (A) the person committed a violation of this
4 Section, or a similar provision of a law of another state
5 or a local ordinance when the cause of action is the same
6 as or substantially similar to this Section, for the
7 third or subsequent time;
8 (B) the person committed a violation of paragraph
9 (a) while driving a school bus with children on board;
10 (C) the person in committing a violation of
11 paragraph (a) was involved in a motor vehicle accident
12 that resulted in great bodily harm or permanent
13 disability or disfigurement to another, when the
14 violation was a proximate cause of the injuries; or
15 (D) the person committed a violation of paragraph
16 (a) for a second time and has been previously convicted
17 of violating Section 9-3 of the Criminal Code of 1961
18 relating to reckless homicide in which the person was
19 determined to have been under the influence of alcohol or
20 any other drug or drugs as an element of the offense or
21 the person has previously been convicted under
22 subparagraph (C) of this paragraph (1).
23 (2) Aggravated driving under the influence of alcohol or
24 drugs or a combination of both is a Class 4 felony for which
25 a person, if sentenced to a term of imprisonment, shall be
26 sentenced to not less than one year and not more than 3 years
27 for a violation of subparagraph (A), (B) or (D) of paragraph
28 (1) of this subsection (d) and not less than one year and not
29 more than 12 years for a violation of subparagraph (C) of
30 paragraph (1) of this subsection (d). For any prosecution
31 under this subsection (d), a certified copy of the driving
32 abstract of the defendant shall be admitted as proof of any
33 prior conviction.
34 (e) After a finding of guilt and prior to any final
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1 sentencing, or an order for supervision, for an offense based
2 upon an arrest for a violation of this Section or a similar
3 provision of a local ordinance, individuals shall be required
4 to undergo a professional evaluation to determine if an
5 alcohol or other drug abuse problem exists and the extent of
6 the problem. Programs conducting these evaluations shall be
7 licensed by the Department of Human Services. The cost of
8 any professional evaluation shall be paid for by the
9 individual required to undergo the professional evaluation.
10 (f) Every person found guilty of violating this Section,
11 whose operation of a motor vehicle while in violation of this
12 Section proximately caused any incident resulting in an
13 appropriate emergency response, shall be liable for the
14 expense of an emergency response as provided under Section
15 5-5-3 of the Unified Code of Corrections.
16 (g) The Secretary of State shall revoke the driving
17 privileges of any person convicted under this Section or a
18 similar provision of a local ordinance.
19 (h) Every person sentenced under subsection (d) of this
20 Section and who receives a term of probation or conditional
21 discharge shall be required to serve a minimum term of either
22 30 days community service or, beginning July 1, 1993, 48
23 consecutive hours of imprisonment as a condition of the
24 probation or conditional discharge. This mandatory minimum
25 term of imprisonment or assignment of community service shall
26 not be suspended and shall not be subject to reduction by the
27 court.
28 (i) The Secretary of State shall establish a pilot
29 program to test the effectiveness of ignition interlock
30 device requirements upon individuals who have been arrested
31 for a second or subsequent offense of this Section. The
32 Secretary shall establish by rule and regulation the
33 population and procedures for use of the interlock system.
34 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
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1 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
2 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
3 10-24-97.)
4 Section 10. The Criminal Code of 1961 is amended by
5 changing Section 36-1 as follows:
6 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
7 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
8 used with the knowledge and consent of the owner in the
9 commission of, or in the attempt to commit as defined in
10 Section 8-4 of this Code, an offense prohibited by (a)
11 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
12 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
13 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
14 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
15 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
16 26 of the Cigarette Tax Act if the vessel, vehicle or
17 aircraft contains more than 10 cartons of such cigarettes;
18 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
19 vessel, vehicle or aircraft contains more than 10 cartons of
20 such cigarettes; (d) Section 44 of the Environmental
21 Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
22 or (f) the offenses described in the following provisions of
23 the Illinois Vehicle Code: Section 11-501 subdivisions
24 (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D); may be
25 seized and delivered forthwith to the sheriff of the county
26 of seizure.
27 Within 15 days after such delivery the sheriff shall give
28 notice of seizure to each person according to the following
29 method: Upon each such person whose right, title or interest
30 is of record in the office of the Secretary of State, the
31 Secretary of Transportation, the Administrator of the Federal
32 Aviation Agency, or any other Department of this State, or
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1 any other state of the United States if such vessel, vehicle
2 or aircraft is required to be so registered, as the case may
3 be, by mailing a copy of the notice by certified mail to the
4 address as given upon the records of the Secretary of State,
5 the Department of Aeronautics, Department of Public Works and
6 Buildings or any other Department of this State or the United
7 States if such vessel, vehicle or aircraft is required to be
8 so registered. Within that 15 day period the sheriff shall
9 also notify the State's Attorney of the county of seizure
10 about the seizure.
11 In addition, any mobile or portable equipment used in the
12 commission of an act which is in violation of Section 7g of
13 the Metropolitan Water Reclamation District Act shall be
14 subject to seizure and forfeiture under the same procedures
15 provided in this Article for the seizure and forfeiture of
16 vessels, vehicles and aircraft, and any such equipment shall
17 be deemed a vessel, vehicle or aircraft for purposes of this
18 Article.
19 When a person discharges a firearm at another individual
20 from a vehicle with the knowledge and consent of the owner of
21 the vehicle and with the intent to cause death or great
22 bodily harm to that individual and as a result causes death
23 or great bodily harm to that individual, the vehicle shall be
24 subject to seizure and forfeiture under the same procedures
25 provided in this Article for the seizure and forfeiture of
26 vehicles used in violations of clauses (a), (b), (c), or (d)
27 of this Section.
28 If the spouse of the respondent owner of a vehicle seized
29 for a violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
30 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
31 Vehicle Code or Section 9-3 of this Code makes a showing that
32 the seized vehicle is the only source of transportation for
33 employment or the family and the court determines that the
34 financial hardship to the family that would result from the
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1 forfeiture of the vehicle outweighs the benefit of forfeiture
2 of the vehicle to the State, the respondent owner's interest
3 in the vehicle may be forfeited to the properly licensed
4 spouse of the respondent owner. If the vehicle is forfeited
5 to the respondent owner's spouse, the title to the vehicle
6 shall be transferred to the spouse. A written declaration of
7 forfeiture of a vehicle under this Section shall constitute
8 sufficient documentation for the title to be transferred to
9 the spouse. The spousal protection provisions of this
10 paragraph shall apply only one time per vehicle. The spousal
11 protection provisions of this paragraph shall not apply to
12 any vehicle of the respondent or respondent's spouse that is
13 the subject of a subsequent forfeiture proceeding by virtue
14 of a subsequent violation of subdivision (c-1)(1), (c-1)(2),
15 (c-1)(3), (d)(1)(A) or (d)(1)(D) of Section 11-501 of the
16 Illinois Vehicle Code or Section 9-3 of this Code. If the
17 respondent owner of the seized vehicle owns more than one
18 vehicle, the spousal protection provision set forth herein
19 may be used for only one vehicle.
20 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
21 revised 10-15-97.)
22 Section 15. The Unified Code of Corrections is amended
23 by changing Section 5-6-1 as follows:
24 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
25 Sec. 5-6-1. Sentences of Probation and of Conditional
26 Discharge and Disposition of Supervision. The General
27 Assembly finds that in order to protect the public, the
28 criminal justice system must compel compliance with the
29 conditions of probation by responding to violations with
30 swift, certain and fair punishments and intermediate
31 sanctions. The Chief Judge of each circuit shall adopt a
32 system of structured, intermediate sanctions for violations
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1 of the terms and conditions of a sentence of probation,
2 conditional discharge or disposition of supervision.
3 (a) Except where specifically prohibited by other
4 provisions of this Code, the court shall impose a sentence of
5 probation or conditional discharge upon an offender unless,
6 having regard to the nature and circumstance of the offense,
7 and to the history, character and condition of the offender,
8 the court is of the opinion that:
9 (1) his imprisonment or periodic imprisonment is
10 necessary for the protection of the public; or
11 (2) probation or conditional discharge would
12 deprecate the seriousness of the offender's conduct and
13 would be inconsistent with the ends of justice.
14 The court shall impose as a condition of a sentence of
15 probation, conditional discharge, or supervision, that the
16 probation agency may invoke any sanction from the list of
17 intermediate sanctions adopted by the chief judge of the
18 circuit court for violations of the terms and conditions of
19 the sentence of probation, conditional discharge, or
20 supervision, subject to the provisions of Section 5-6-4 of
21 this Act.
22 (b) The court may impose a sentence of conditional
23 discharge for an offense if the court is of the opinion that
24 neither a sentence of imprisonment nor of periodic
25 imprisonment nor of probation supervision is appropriate.
26 (c) The court may, upon a plea of guilty or a
27 stipulation by the defendant of the facts supporting the
28 charge or a finding of guilt, defer further proceedings and
29 the imposition of a sentence, and enter an order for
30 supervision of the defendant, if the defendant is not charged
31 with a Class A misdemeanor, as defined by the following
32 provisions of the Criminal Code of 1961: Sections 12-3.2;
33 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
34 21-1; paragraph (1) through (5), (8), (10), and (11) of
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1 subsection (a) of Section 24-1; and Section 1 of the Boarding
2 Aircraft With Weapon Act; or a felony. If the defendant is
3 not barred from receiving an order for supervision as
4 provided in this subsection, the court may enter an order for
5 supervision after considering the circumstances of the
6 offense, and the history, character and condition of the
7 offender, if the court is of the opinion that:
8 (1) the offender is not likely to commit further
9 crimes;
10 (2) the defendant and the public would be best
11 served if the defendant were not to receive a criminal
12 record; and
13 (3) in the best interests of justice an order of
14 supervision is more appropriate than a sentence otherwise
15 permitted under this Code.
16 (d) The provisions of paragraph (c) shall not apply to a
17 defendant charged with violating Section 11-501 of the
18 Illinois Vehicle Code or a similar provision of a local
19 ordinance when the defendant has previously been:
20 (1) convicted for a violation of Section 11-501 of
21 the Illinois Vehicle Code or a similar provision of a
22 local ordinance; or
23 (2) assigned supervision for a violation of Section
24 11-501 of the Illinois Vehicle Code or a similar
25 provision of a local ordinance; or
26 (3) pleaded guilty to or stipulated to the facts
27 supporting a charge or a finding of guilty to a violation
28 of Section 11-503 of the Illinois Vehicle Code or a
29 similar provision of a local ordinance, and the plea or
30 stipulation was the result of a plea agreement.
31 The court shall consider the statement of the prosecuting
32 authority with regard to the standards set forth in this
33 Section.
34 (e) The provisions of paragraph (c) shall not apply to a
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1 defendant charged with violating Section 16A-3 of the
2 Criminal Code of 1961 if said defendant has within the last 5
3 years been:
4 (1) convicted for a violation of Section 16A-3 of
5 the Criminal Code of 1961; or
6 (2) assigned supervision for a violation of Section
7 16A-3 of the Criminal Code of 1961.
8 The court shall consider the statement of the prosecuting
9 authority with regard to the standards set forth in this
10 Section.
11 (f) The provisions of paragraph (c) shall not apply to a
12 defendant charged with violating Sections 15-111, 15-112,
13 15-301, paragraph (b) of Section 6-104, Section 11-605, or
14 Section 11-1414 of the Illinois Vehicle Code or a similar
15 provision of a local ordinance.
16 (g) The provisions of paragraph (c) shall not apply to a
17 defendant charged with violating Section 3-707, 3-708, 3-710,
18 or 5-401.3 of the Illinois Vehicle Code or a similar
19 provision of a local ordinance if the defendant has within
20 the last 5 years been:
21 (1) convicted for a violation of Section 3-707,
22 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
23 a similar provision of a local ordinance; or
24 (2) assigned supervision for a violation of Section
25 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
26 Code or a similar provision of a local ordinance.
27 The court shall consider the statement of the prosecuting
28 authority with regard to the standards set forth in this
29 Section.
30 (h) The provisions of paragraph (c) shall not apply to a
31 defendant under the age of 21 years charged with violating a
32 serious traffic offense as defined in Section 1-187.001 of
33 the Illinois Vehicle Code:
34 (1) unless the defendant, upon payment of the
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1 fines, penalties, and costs provided by law, agrees to
2 attend and successfully complete a traffic safety program
3 approved by the court under standards set by the
4 Conference of Chief Circuit Judges. The accused shall be
5 responsible for payment of any traffic safety program
6 fees. If the accused fails to file a certificate of
7 successful completion on or before the termination date
8 of the supervision order, the supervision shall be
9 summarily revoked and conviction entered. The provisions
10 of Supreme Court Rule 402 relating to pleas of guilty do
11 not apply in cases when a defendant enters a guilty plea
12 under this provision; or
13 (2) if the defendant has previously been sentenced
14 under the provisions of paragraph (c) on or after January
15 1, 1998 for any serious traffic offense as defined in
16 Section 1-187.001 of the Illinois Vehicle Code.
17 (i) The provisions of paragraph (c) shall not apply to a
18 defendant charged with violating Section 6-303 of the
19 Illinois Vehicle Code or a similar provision of a local
20 ordinance when the revocation or suspension was for a
21 violation of Section 11-501 or a similar provision of a local
22 ordinance, a violation of paragraph (b) of Section 11-401 of
23 the Illinois Vehicle Code, a violation of Section 9-3 of the
24 Criminal Code of 1961 or was based on the provisions of
25 Section 11-501.1 of this Code if the defendant has within the
26 last 10 years been:
27 (1) Convicted for a violation of Section 6-303 of
28 the Illinois Vehicle Code or a similar provision of a
29 local ordinance; or
30 (2) Assigned supervision for a violation of Section
31 6-303 of the Illinois Vehicle Code or a similar provision
32 of a local ordinance.
33 (Source: P.A. 89-198, eff. 7-21-95; 89-210, eff. 8-2-95;
34 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 90-369, eff.
-34- LRB9008478RCmbam01
1 1-1-98.)".