[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_SB0167
LRB9204464DHdvA
1 AN ACT in relation to vehicles.
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 6-106, 6-106.1, 6-110, 6-301.1, 6-513, and
6 11-1301.5 as follows:
7 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
8 Sec. 6-106. Application for license or instruction
9 permit.
10 (a) Every application for any permit or license
11 authorized to be issued under this Act shall be made upon a
12 form furnished by the Secretary of State. Every application
13 shall be accompanied by the proper fee and payment of such
14 fee shall entitle the applicant to not more than 3 attempts
15 to pass the examination within a period of 1 year after the
16 date of application.
17 (b) Every application shall state the name, social
18 security number or other identifying number as required by
19 the Secretary of State, zip code, date of birth, sex, and
20 residence address of the applicant; briefly describe the
21 applicant; state whether the applicant has theretofore been
22 licensed as a driver, and, if so, when and by what state or
23 country, and whether any such license has ever been
24 cancelled, suspended, revoked or refused, and, if so, the
25 date and reason for such cancellation, suspension, revocation
26 or refusal; shall include an affirmation by the applicant
27 that all information set forth is true and correct; and shall
28 bear the applicant's signature. The application form may
29 also require the statement of such additional relevant
30 information as the Secretary of State shall deem necessary to
31 determine the applicant's competency and eligibility. The
-2- LRB9204464DHdvA
1 Secretary of State may in his discretion substitute a federal
2 tax number in lieu of a social security number, or he may
3 instead assign an additional distinctive number in lieu
4 thereof, where an applicant is prohibited by bona fide
5 religious convictions from applying or is exempt from
6 applying for a social security number. The Secretary of State
7 shall, however, determine which religious orders or sects
8 have such bona fide religious convictions. The Secretary of
9 State may, in his discretion, by rule or regulation, provide
10 that an application for a drivers license or permit may
11 include a suitable photograph of the applicant in the form
12 prescribed by the Secretary, and he may further provide that
13 each drivers license shall include a photograph of the
14 driver. The Secretary of State may utilize a photograph
15 process or system most suitable to deter alteration or
16 improper reproduction of a drivers license and to prevent
17 substitution of another photo thereon.
18 (c) The application form shall include a notice to the
19 applicant of the registration obligations of sex offenders
20 under the Sex Offender Registration Act. The notice shall be
21 provided in a form and manner prescribed by the Secretary of
22 State. For purposes of this subsection (c), "sex offender"
23 has the meaning ascribed to it in Section 2 of the Sex
24 Offender Registration Act.
25 (Source: P.A. 89-8, eff. 1-1-96; 90-191, eff. 1-1-98.)
26 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
27 Sec. 6-106.1. School bus driver permit.
28 (a) The Secretary of State shall issue a school bus
29 driver permit to those applicants who have met all the
30 requirements of the application and screening process under
31 this Section to insure the welfare and safety of children who
32 are transported on school buses throughout the State of
33 Illinois. Applicants shall obtain the proper application
-3- LRB9204464DHdvA
1 required by the Secretary of State from their prospective or
2 current employer and submit the completed application to the
3 prospective or current employer along with the necessary
4 fingerprint submission as required by the Department of State
5 Police to conduct fingerprint based criminal background
6 checks on current and future information available in the
7 state system and current information available through the
8 Federal Bureau of Investigation's system. Applicants who
9 have completed the fingerprinting requirements shall not be
10 subjected to the fingerprinting process when applying for
11 subsequent permits or submitting proof of successful
12 completion of the annual refresher course. Individuals who
13 on the effective date of this Act possess a valid school bus
14 driver permit that has been previously issued by the
15 appropriate Regional School Superintendent are not subject to
16 the fingerprinting provisions of this Section as long as the
17 permit remains valid and does not lapse. The applicant shall
18 be required to pay all related application and fingerprinting
19 fees as established by rule including, but not limited to,
20 the amounts established by the Department of State Police and
21 the Federal Bureau of Investigation to process fingerprint
22 based criminal background investigations. All fees paid for
23 fingerprint processing services under this Section shall be
24 deposited into the State Police Services Fund for the cost
25 incurred in processing the fingerprint based criminal
26 background investigations. All other fees paid under this
27 Section shall be deposited into the Road Fund for the purpose
28 of defraying the costs of the Secretary of State in
29 administering this Section. All applicants must:
30 1. be 21 years of age or older;
31 2. possess a valid and properly classified driver's
32 license issued by the Secretary of State;
33 3. possess a valid driver's license, which has not
34 been revoked, suspended, or canceled for 3 years
-4- LRB9204464DHdvA
1 immediately prior to the date of application, or have not
2 had his or her commercial motor vehicle driving
3 privileges disqualified within the 3 years immediately
4 prior to the date of application;
5 4. successfully pass a written test, administered
6 by the Secretary of State, on school bus operation,
7 school bus safety, and special traffic laws relating to
8 school buses and submit to a review of the applicant's
9 driving habits by the Secretary of State at the time the
10 written test is given;
11 5. demonstrate ability to exercise reasonable care
12 in the operation of school buses in accordance with rules
13 promulgated by the Secretary of State;
14 6. demonstrate physical fitness to operate school
15 buses by submitting the results of a medical examination,
16 including tests for drug use for each applicant not
17 subject to such testing pursuant to federal law,
18 conducted by a licensed physician within 90 days of the
19 date of application according to standards promulgated by
20 the Secretary of State;
21 7. affirm under penalties of perjury that he or she
22 has not made a false statement or knowingly concealed a
23 material fact in any application for permit;
24 8. have completed an initial classroom course,
25 including first aid procedures, in school bus driver
26 safety as promulgated by the Secretary of State; and
27 after satisfactory completion of said initial course an
28 annual refresher course; such courses and the agency or
29 organization conducting such courses shall be approved by
30 the Secretary of State; failure to complete the annual
31 refresher course, shall result in cancellation of the
32 permit until such course is completed;
33 9. not have been convicted of 2 or more serious
34 traffic offenses, as defined by rule, within one year
-5- LRB9204464DHdvA
1 prior to the date of application that may endanger the
2 life or safety of any of the driver's passengers within
3 the duration of the permit period;
4 10. not have been convicted of reckless driving,
5 driving while intoxicated, or reckless homicide resulting
6 from the operation of a motor vehicle within 3 years of
7 the date of application;
8 11. not have been convicted of committing or
9 attempting to commit any one or more of the following
10 offenses: (i) those offenses defined in Sections 9-1,
11 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
12 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
13 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
14 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
15 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
16 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
17 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
18 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
19 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
20 subsection (b), clause (1), of Section 12-4 of the
21 Criminal Code of 1961; (ii) those offenses defined in the
22 Cannabis Control Act except those offenses defined in
23 subsections (a) and (b) of Section 4, and subsection (a)
24 of Section 5 of the Cannabis Control Act; (iii) those
25 offenses defined in the Illinois Controlled Substances
26 Act; (iv) any offense committed or attempted in any other
27 state or against the laws of the United States, which if
28 committed or attempted in this State would be punishable
29 as one or more of the foregoing offenses; (v) the
30 offenses defined in Section 4.1 and 5.1 of the Wrongs to
31 Children Act and (vi) those offenses defined in Section
32 6-16 of the Liquor Control Act of 1934;
33 12. not have been repeatedly involved as a driver
34 in motor vehicle collisions or been repeatedly convicted
-6- LRB9204464DHdvA
1 of offenses against laws and ordinances regulating the
2 movement of traffic, to a degree which indicates lack of
3 ability to exercise ordinary and reasonable care in the
4 safe operation of a motor vehicle or disrespect for the
5 traffic laws and the safety of other persons upon the
6 highway;
7 13. not have, through the unlawful operation of a
8 motor vehicle, caused an accident resulting in the death
9 of any person; and
10 14. not have, within the last 5 years, been
11 adjudged to be afflicted with or suffering from any
12 mental disability or disease.
13 (b) A school bus driver permit shall be valid for a
14 period specified by the Secretary of State as set forth by
15 rule. It shall be renewable upon compliance with subsection
16 (a) of this Section.
17 (c) A school bus driver permit shall contain the
18 holder's driver's license number, name, address, zip code,
19 social security number or other identifying number, and date
20 of birth, a brief description of the holder, and a space for
21 signature. The Secretary of State may require a suitable
22 photograph of the holder.
23 (d) The employer shall be responsible for conducting a
24 pre-employment interview with prospective school bus driver
25 candidates, distributing school bus driver applications and
26 medical forms to be completed by the applicant, and
27 submitting the applicant's fingerprint cards to the
28 Department of State Police that are required for the criminal
29 background investigations. The employer shall certify in
30 writing to the Secretary of State that all pre-employment
31 conditions have been successfully completed including the
32 successful completion of an Illinois specific criminal
33 background investigation through the Department of State
34 Police and the submission of necessary fingerprints to the
-7- LRB9204464DHdvA
1 Federal Bureau of Investigation for criminal history
2 information available through the Federal Bureau of
3 Investigation system. The applicant shall present the
4 certification to the Secretary of State at the time of
5 submitting the school bus driver permit application.
6 (e) Permits shall initially be provisional upon
7 receiving certification from the employer that all
8 pre-employment conditions have been successfully completed,
9 and upon successful completion of all training and
10 examination requirements for the classification of the
11 vehicle to be operated, the Secretary of State shall
12 provisionally issue a School Bus Driver Permit. The permit
13 shall remain in a provisional status pending the completion
14 of the Federal Bureau of Investigation's criminal background
15 investigation based upon fingerprinting specimens submitted
16 to the Federal Bureau of Investigation by the Department of
17 State Police. The Federal Bureau of Investigation shall
18 report the findings directly to the Secretary of State. The
19 Secretary of State shall remove the bus driver permit from
20 provisional status upon the applicant's successful completion
21 of the Federal Bureau of Investigation's criminal background
22 investigation.
23 (f) A school bus driver permit holder shall notify the
24 employer and the Secretary of State if he or she is convicted
25 in another state of an offense that would make him or her
26 ineligible for a permit under subsection (a) of this Section.
27 The written notification shall be made within 5 days of the
28 entry of the conviction. Failure of the permit holder to
29 provide the notification is punishable as a petty offense for
30 a first violation and a Class B misdemeanor for a second or
31 subsequent violation.
32 (g) Cancellation; suspension; notice and procedure.
33 (1) The Secretary of State shall cancel a school
34 bus driver permit of an applicant whose criminal
-8- LRB9204464DHdvA
1 background investigation discloses that he or she is not
2 in compliance with the provisions of subsection (a) of
3 this Section.
4 (2) The Secretary of State shall cancel a school
5 bus driver permit when he or she receives notice that the
6 permit holder fails to comply with any provision of this
7 Section or any rule promulgated for the administration of
8 this Section.
9 (3) The Secretary of State shall cancel a school
10 bus driver permit if the permit holder's restricted
11 commercial or commercial driving privileges are withdrawn
12 or otherwise invalidated.
13 (4) The Secretary of State may not issue a school
14 bus driver permit for a period of 3 years to an applicant
15 who fails to obtain a negative result on a drug test as
16 required in item 6 of subsection (a) of this Section or
17 under federal law.
18 (5) The Secretary of State shall forthwith suspend
19 a school bus driver permit for a period of 3 years upon
20 receiving notice that the holder has failed to obtain a
21 negative result on a drug test as required in item 6 of
22 subsection (a) of this Section or under federal law.
23 The Secretary of State shall notify the State
24 Superintendent of Education and the permit holder's
25 prospective or current employer that the applicant has (1)
26 has failed a criminal background investigation or (2) is no
27 longer eligible for a school bus driver permit; and of the
28 related cancellation of the applicant's provisional school
29 bus driver permit. The cancellation shall remain in effect
30 pending the outcome of a hearing pursuant to Section 2-118
31 of this Code. The scope of the hearing shall be limited to
32 the issuance criteria contained in subsection (a) of this
33 Section. A petition requesting a hearing shall be submitted
34 to the Secretary of State and shall contain the reason the
-9- LRB9204464DHdvA
1 individual feels he or she is entitled to a school bus driver
2 permit. The permit holder's employer shall notify in writing
3 to the Secretary of State that the employer has certified the
4 removal of the offending school bus driver from service prior
5 to the start of that school bus driver's next workshift. An
6 employing school board that fails to remove the offending
7 school bus driver from service is subject to the penalties
8 defined in Section 3-14.23 of the School Code. A school bus
9 contractor who violates a provision of this Section is
10 subject to the penalties defined in Section 6-106.11.
11 All valid school bus driver permits issued under this
12 Section prior to January 1, 1995, shall remain effective
13 until their expiration date unless otherwise invalidated.
14 (Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.)
15 (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
16 Sec. 6-110. Licenses issued to drivers.
17 (a) The Secretary of State shall issue to every
18 qualifying applicant a driver's license as applied for, which
19 license shall bear a distinguishing number assigned to the
20 licensee, the name, social security number or other
21 identifying number, zip code, date of birth, address, and a
22 brief description of the licensee, and a space where the
23 licensee may write his usual signature.
24 If the licensee is less than 17 years of age, the license
25 shall, as a matter of law, be invalid for the operation of
26 any motor vehicle during any time the licensee is prohibited
27 from being on any street or highway under the provisions of
28 the Child Curfew Act.
29 Licenses issued shall also indicate the classification
30 and the restrictions under Section 6-104 of this Code.
31 In lieu of the social security number, the Secretary
32 shall at the applicant's request may in his discretion
33 substitute a federal tax number or other distinctive number.
-10- LRB9204464DHdvA
1 A driver's license issued may, in the discretion of the
2 Secretary, include a suitable photograph of a type prescribed
3 by the Secretary.
4 (b) The Secretary of State shall provide a format on the
5 reverse of each driver's license issued which the licensee
6 may use to execute a document of gift conforming to the
7 provisions of the Uniform Anatomical Gift Act. The format
8 shall allow the licensee to indicate the gift intended,
9 whether specific organs, any organ, or the entire body, and
10 shall accommodate the signatures of the donor and 2
11 witnesses. The Secretary shall also inform each applicant or
12 licensee of this format, describe the procedure for its
13 execution, and may offer the necessary witnesses; provided
14 that in so doing, the Secretary shall advise the applicant or
15 licensee that he or she is under no compulsion to execute a
16 document of gift. A brochure explaining this method of
17 executing an anatomical gift document shall be given to each
18 applicant or licensee. The brochure shall advise the
19 applicant or licensee that he or she is under no compulsion
20 to execute a document of gift, and that he or she may wish to
21 consult with family, friends or clergy before doing so. The
22 Secretary of State may undertake additional efforts,
23 including education and awareness activities, to promote
24 organ and tissue donation.
25 (c) The Secretary of State shall designate on each
26 driver's license issued a space where the licensee may place
27 a sticker or decal of the uniform size as the Secretary may
28 specify, which sticker or decal may indicate in appropriate
29 language that the owner of the license carries an Emergency
30 Medical Information Card.
31 The sticker may be provided by any person, hospital,
32 school, medical group, or association interested in assisting
33 in implementing the Emergency Medical Information Card, but
34 shall meet the specifications as the Secretary may by rule or
-11- LRB9204464DHdvA
1 regulation require.
2 (d) The Secretary of State shall designate on each
3 driver's license issued a space where the licensee may
4 indicate his blood type and RH factor.
5 (e) The Secretary of State shall provide that each
6 original or renewal driver's license issued to a licensee
7 under 21 years of age shall be of a distinct nature from
8 those driver's licenses issued to individuals 21 years of age
9 and older. The color designated for driver's licenses for
10 licensees under 21 years of age shall be at the discretion of
11 the Secretary of State.
12 (f) The Secretary of State shall inform all Illinois
13 licensed commercial motor vehicle operators of the
14 requirements of the Uniform Commercial Driver License Act,
15 Article V of this Chapter, and shall make provisions to
16 insure that all drivers, seeking to obtain a commercial
17 driver's license, be afforded an opportunity prior to April
18 1, 1992, to obtain the license. The Secretary is authorized
19 to extend driver's license expiration dates, and assign
20 specific times, dates and locations where these commercial
21 driver's tests shall be conducted. Any applicant, regardless
22 of the current expiration date of the applicant's driver's
23 license, may be subject to any assignment by the Secretary.
24 Failure to comply with the Secretary's assignment may result
25 in the applicant's forfeiture of an opportunity to receive a
26 commercial driver's license prior to April 1, 1992.
27 (g) The Secretary of State shall designate on a driver's
28 license issued, a space where the licensee may indicate that
29 he or she has drafted a living will in accordance with the
30 Illinois Living Will Act or a durable power of attorney for
31 health care in accordance with the Illinois Power of Attorney
32 Act.
33 (g-1) The Secretary of State, in his or her discretion,
34 may designate on each driver's license issued a space where
-12- LRB9204464DHdvA
1 the licensee may place a sticker or decal, issued by the
2 Secretary of State, of uniform size as the Secretary may
3 specify, that shall indicate in appropriate language that the
4 owner of the license has renewed his or her driver's license.
5 (h) A person who acts in good faith in accordance with
6 the terms of this Section is not liable for damages in any
7 civil action or subject to prosecution in any criminal
8 proceeding for his or her act.
9 (Source: P.A. 90-191, eff. 1-1-98; 91-357, eff. 7-29-99.)
10 (625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
11 Sec. 6-301.1. Fictitious or unlawfully altered driver's
12 license or permit.
13 (a) As used in this Section:
14 1. "A fictitious driver's license or permit" means
15 any issued license or permit for which a computerized
16 number and file have been created by the Secretary of
17 State or other official driver's license agency in
18 another jurisdiction which contains false information
19 concerning the identity of the individual issued the
20 license or permit;
21 2. "False information" means any information
22 concerning the name, sex, date of birth, social security
23 number or other identifying number, or any photograph
24 that falsifies all or in part the actual identity of the
25 individual issued the license or permit;
26 3. "An unlawfully altered driver's license or
27 permit" means any issued license or permit for which a
28 computerized number and file have been created by the
29 Secretary of State or other official driver's license
30 agency in another jurisdiction which has been physically
31 altered or changed in such a manner that false
32 information appears upon the license or permit;
33 4. "A document capable of defrauding another"
-13- LRB9204464DHdvA
1 includes, but is not limited to, any document by which
2 any right, obligation or power with reference to any
3 person or property may be created, transferred, altered
4 or terminated;
5 5. "An identification document" means any document
6 made or issued by or under the authority of the United
7 States Government, the State of Illinois or any other
8 state or political subdivision thereof, or any other
9 governmental or quasi-governmental organization which,
10 when completed with information concerning the
11 individual, is of a type intended or commonly accepted
12 for the purpose of identification of an individual.
13 (b) It is a violation of this Section for any person:
14 1. To knowingly possess any fictitious or
15 unlawfully altered driver's license or permit;
16 2. To knowingly possess, display or cause to be
17 displayed any fictitious or unlawfully altered driver's
18 license or permit for the purpose of obtaining any
19 account, credit, credit card or debit card from a bank,
20 financial institution or retail mercantile establishment;
21 3. To knowingly possess any fictitious or
22 unlawfully altered driver's license or permit with the
23 intent to commit a theft, deception or credit or debit
24 card fraud in violation of any law of this State or any
25 law of any other jurisdiction;
26 4. To knowingly possess any fictitious or
27 unlawfully altered driver's license or permit with the
28 intent to commit any other violation of any law of this
29 State or any law of any other jurisdiction for which a
30 sentence to a term of imprisonment in a penitentiary for
31 one year or more is provided;
32 5. To knowingly possess any fictitious or
33 unlawfully altered driver's license or permit while in
34 possession without authority of any document, instrument
-14- LRB9204464DHdvA
1 or device capable of defrauding another;
2 6. To knowingly possess any fictitious or
3 unlawfully altered driver's license or permit with the
4 intent to use the license or permit to acquire any other
5 identification document;
6 7. To knowingly issue or assist in the issuance of
7 any fictitious driver's license or permit;
8 8. To knowingly alter or attempt to alter any
9 driver's license or permit;
10 9. To knowingly manufacture, possess, transfer or
11 provide any identification document whether real or
12 fictitious for the purpose of obtaining a fictitious
13 driver's license or permit.
14 (c) Sentence.
15 1. Any person convicted of a violation of paragraph
16 1 of subsection (b) of this Section shall be guilty of a
17 Class A misdemeanor and shall be sentenced to minimum
18 fine of $500 or 50 hours of community service, preferably
19 at an alcohol abuse prevention program, if available. A
20 person convicted of a second or subsequent violation
21 shall be guilty of a Class 4 felony.
22 2. Any person convicted of a violation of paragraph
23 3 of subsection (b) of this Section who at the time of
24 arrest had in his possession two or more fictitious or
25 unlawfully altered driver's licenses or permits shall be
26 guilty of a Class 4 felony.
27 3. Any person convicted of a violation of any of
28 paragraphs 2 through 9 of subsection (b) of this Section
29 shall be guilty of a Class 4 felony. A person convicted
30 of a second or subsequent violation shall be guilty of a
31 Class 3 felony.
32 (d) This Section does not prohibit any lawfully
33 authorized investigative, protective, law enforcement or
34 other activity of any agency of the United States, State of
-15- LRB9204464DHdvA
1 Illinois or any other state or political subdivision thereof.
2 (Source: P.A. 88-210.)
3 (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
4 Sec. 6-513. Commercial Driver's License or CDL. The
5 content of the CDL shall include, but not necessarily be
6 limited to the following:
7 (a) A CDL shall be distinctly marked "Commercial
8 Driver's License" or "CDL". It must include, but not
9 necessarily be limited to, the following information:
10 (1) the name and the Illinois domiciliary address
11 (unless it is a Non-resident CDL) of the person to whom
12 the CDL is issued;
13 (2) the person's color photograph;
14 (3) a physical description of the person including
15 sex, height, and may include weight, color of eyes and
16 hair color;
17 (4) date of birth;
18 (5) a CDL or file number assigned by the Secretary
19 of State;
20 (6) it also may include the applicant's Social
21 Security Number or other identifying number under
22 pursuant to Section 6-106;
23 (7) the person's signature;
24 (8) the class or type of commercial vehicle or
25 vehicles which the person is authorized to drive together
26 with any endorsements or restrictions;
27 (9) the name of the issuing state; and
28 (10) the issuance and expiration dates of the CDL.
29 (b) Applicant Record Check.
30 Prior to the issuance of a CDL, the Secretary of State
31 shall obtain and review the applicant's driving record as
32 required by the CMVSA and the United States Secretary of
33 Transportation.
-16- LRB9204464DHdvA
1 (c) Notification of Commercial Driver's License (CDL)
2 Issuance.
3 Within 10 days after issuing a CDL, the Secretary of
4 State must notify the Commercial Driver License Information
5 System of that fact, and provide all information required to
6 ensure identification of the person.
7 (d) Renewal.
8 Every person applying for a renewal of a CDL must
9 complete the appropriate application form required by this
10 Code and any other test deemed necessary by the Secretary.
11 (Source: P.A. 86-845; 87-829; 87-832.)
12 (625 ILCS 5/11-1301.5)
13 Sec. 11-1301.5. Fictitious or unlawfully altered person
14 with disabilities license plate or parking decal or device.
15 (a) As used in this Section:
16 "Fictitious person with disabilities license plate or
17 parking decal or device" means any issued person with
18 disabilities license plate or parking decal or device that
19 has been issued by the Secretary of State or an authorized
20 unit of local government that was issued based upon false
21 information contained on the required application.
22 "False information" means any incorrect or inaccurate
23 information concerning the name, date of birth, social
24 security number or other identifying number, driver's license
25 number, physician certification, or any other information
26 required on the application for a person with disabilities
27 license plate or parking permit or device that falsifies the
28 content of the application.
29 "Unlawfully altered person with disabilities license
30 plate or parking permit or device" means any person with
31 disabilities license plate or parking permit or device issued
32 by the Secretary of State or an authorized unit of local
33 government that has been physically altered or changed in
-17- LRB9204464DHdvA
1 such manner that false information appears on the license
2 plate or parking decal or device.
3 "Authorized holder" means an individual issued a person
4 with disabilities license plate under Section 3-616 of this
5 Code or an individual issued a person with disabilities
6 parking decal or device under Section 11-1301.2 of this Code.
7 (b) It is a violation of this Section for any person:
8 (1) to knowingly possess any fictitious or
9 unlawfully altered person with disabilities license plate
10 or parking decal or device;
11 (2) to knowingly issue or assist in the issuance
12 of, by the Secretary of State or unit of local
13 government, any fictitious person with disabilities
14 license plate or parking decal or device;
15 (3) to knowingly alter any person with disabilities
16 license plate or parking decal or device;
17 (4) to knowingly manufacture, possess, transfer, or
18 provide any documentation used in the application process
19 whether real or fictitious, for the purpose of obtaining
20 a fictitious person with disabilities license plate or
21 parking decal or device;
22 (5) to knowingly provide any false information to
23 the Secretary of State or a unit of local government in
24 order to obtain a person with disabilities license plate
25 or parking decal or device; or
26 (6) to knowingly transfer a person with
27 disabilities license plate or parking decal or device for
28 the purpose of exercising the privileges granted to an
29 authorized holder of a person with disabilities license
30 plate or parking decal or device under this Code in the
31 absence of the authorized holder.
32 (c) Sentence.
33 (1) Any person convicted of a violation of this
34 Section shall be guilty of a Class A misdemeanor.
-18- LRB9204464DHdvA
1 (2) Any person who commits a violation of this
2 Section may have his or her driving privileges suspended
3 or revoked by the Secretary of State for a period of time
4 determined by the Secretary of State.
5 (Source: P.A. 90-106, eff. 1-1-98; 90-655, eff. 7-30-98.)