Public Act 095-0337
 
HB1080 Enrolled LRB095 04297 DRH 24338 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-103, 6-204, and 6-205 as follows:
 
    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
        1. To any person, as a driver, who is under the age of
    18 years except as provided in Section 6-107, and except
    that an instruction permit may be issued under Section
    6-107.1 to a child who is not less than 15 years of age if
    the child is enrolled in an approved driver education
    course as defined in Section 1-103 of this Code and
    requires an instruction permit to participate therein,
    except that an instruction permit may be issued under the
    provisions of Section 6-107.1 to a child who is 17 years
    and 9 months of age without the child having enrolled in an
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 6 months of age, is enrolled in school, meets
    the educational requirements of the Driver Education Act,
    and has passed examinations the Secretary of State in his
    or her discretion may prescribe;
        2. To any person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven cycle
    unless the person has, in addition to meeting the
    provisions of Section 6-107 of this Code, successfully
    completed a motorcycle training course approved by the
    Illinois Department of Transportation and successfully
    completes the required Secretary of State's motorcycle
    driver's examination;
        3. To any person, as a driver, whose driver's license
    or permit has been suspended, during the suspension, nor to
    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
    6-208;
        4. To any person, as a driver, who is a user of alcohol
    or any other drug to a degree that renders the person
    incapable of safely driving a motor vehicle;
        5. To any person, as a driver, who has previously been
    adjudged to be afflicted with or suffering from any mental
    or physical disability or disease and who has not at the
    time of application been restored to competency by the
    methods provided by law;
        6. To any person, as a driver, who is required by the
    Secretary of State to submit an alcohol and drug evaluation
    or take an examination provided for in this Code unless the
    person has successfully passed the examination and
    submitted any required evaluation;
        7. To any person who is required under the provisions
    of the laws of this State to deposit security or proof of
    financial responsibility and who has not deposited the
    security or proof;
        8. To any person when the Secretary of State has good
    cause to believe that the person by reason of physical or
    mental disability would not be able to safely operate a
    motor vehicle upon the highways, unless the person shall
    furnish to the Secretary of State a verified written
    statement, acceptable to the Secretary of State, from a
    competent medical specialist to the effect that the
    operation of a motor vehicle by the person would not be
    inimical to the public safety;
        9. To any person, as a driver, who is 69 years of age
    or older, unless the person has successfully complied with
    the provisions of Section 6-109;
        10. To any person convicted, within 12 months of
    application for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection (b) of Section
    6-205;
        11. To any person who is under the age of 21 years with
    a classification prohibited in paragraph (b) of Section
    6-104 and to any person who is under the age of 18 years
    with a classification prohibited in paragraph (c) of
    Section 6-104;
        12. To any person who has been either convicted of or
    adjudicated under the Juvenile Court Act of 1987 based upon
    a violation of the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act while that person was in
    actual physical control of a motor vehicle. For purposes of
    this Section, any person placed on probation under Section
    10 of the Cannabis Control Act, Section 410 of the Illinois
    Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    not be considered convicted. Any person found guilty of
    this offense, while in actual physical control of a motor
    vehicle, shall have an entry made in the court record by
    the judge that this offense did occur while the person was
    in actual physical control of a motor vehicle and order the
    clerk of the court to report the violation to the Secretary
    of State as such. The Secretary of State shall not issue a
    new license or permit for a period of one year;
        13. To any person who is under the age of 18 years and
    who has committed the offense of operating a motor vehicle
    without a valid license or permit in violation of Section
    6-101;
        14. To any person who is 90 days or more delinquent in
    court ordered child support payments or has been
    adjudicated in arrears in an amount equal to 90 days'
    obligation or more and who has been found in contempt of
    court for failure to pay the support, subject to the
    requirements and procedures of Article VII of Chapter 7 of
    the Illinois Vehicle Code;
        15. To any person released from a term of imprisonment
    for violating Section 9-3 of the Criminal Code of 1961 or a
    similar provision of a law of another state relating to
    reckless homicide or for violating subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code relating to aggravated driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds, or any combination thereof, if the violation was
    the proximate cause of a death, within 24 months of release
    from a term of imprisonment;
        16. To any person who, with intent to influence any act
    related to the issuance of any driver's license or permit,
    by an employee of the Secretary of State's Office, or the
    owner or employee of any commercial driver training school
    licensed by the Secretary of State, or any other individual
    authorized by the laws of this State to give driving
    instructions or administer all or part of a driver's
    license examination, promises or tenders to that person any
    property or personal advantage which that person is not
    authorized by law to accept. Any persons promising or
    tendering such property or personal advantage shall be
    disqualified from holding any class of driver's license or
    permit for 120 consecutive days. The Secretary of State
    shall establish by rule the procedures for implementing
    this period of disqualification and the procedures by which
    persons so disqualified may obtain administrative review
    of the decision to disqualify; or
        17. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license; or .
        18. To any person who has been adjudicated under the
    Juvenile Court Act of 1987 based upon an offense that is
    determined by the court to have been committed in
    furtherance of the criminal activities of an organized
    gang, as provided in Section 5-710 of that Act, and that
    involved the operation or use of a motor vehicle or the use
    of a driver's license or permit. The person shall be denied
    a license or permit for the period determined by the court.
    The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
eff. 9-11-05.)
 
    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
    Sec. 6-204. When Court to forward License and Reports.
    (a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors adjudicated truant minors in need of
supervision, addicted, or delinquent and of persons found
guilty of the criminal offenses or traffic violations which
this Code recognizes as evidence relating to unfitness to
safely operate motor vehicles, the following duties are imposed
upon public officials:
        (1) Whenever any person is convicted of any offense for
    which this Code makes mandatory the cancellation or
    revocation of the driver's license or permit of such person
    by the Secretary of State, the judge of the court in which
    such conviction is had shall require the surrender to the
    clerk of the court of all driver's licenses or permits then
    held by the person so convicted, and the clerk of the court
    shall, within 5 days thereafter, forward the same, together
    with a report of such conviction, to the Secretary.
        (2) Whenever any person is convicted of any offense
    under this Code or similar offenses under a municipal
    ordinance, other than regulations governing standing,
    parking or weights of vehicles, and excepting the following
    enumerated Sections of this Code: Sections 11-1406
    (obstruction to driver's view or control), 11-1407
    (improper opening of door into traffic), 11-1410 (coasting
    on downgrade), 11-1411 (following fire apparatus),
    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
    vehicle which is in unsafe condition or improperly
    equipped), 12-201(a) (daytime lights on motorcycles),
    12-202 (clearance, identification and side marker lamps),
    12-204 (lamp or flag on projecting load), 12-205 (failure
    to display the safety lights required), 12-401
    (restrictions as to tire equipment), 12-502 (mirrors),
    12-503 (windshields must be unobstructed and equipped with
    wipers), 12-601 (horns and warning devices), 12-602
    (mufflers, prevention of noise or smoke), 12-603 (seat
    safety belts), 12-702 (certain vehicles to carry flares or
    other warning devices), 12-703 (vehicles for oiling roads
    operated on highways), 12-710 (splash guards and
    replacements), 13-101 (safety tests), 15-101 (size, weight
    and load), 15-102 (width), 15-103 (height), 15-104 (name
    and address on second division vehicles), 15-107 (length of
    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
    15-112 (weights), 15-301 (weights), 15-316 (weights),
    15-318 (weights), and also excepting the following
    enumerated Sections of the Chicago Municipal Code:
    Sections 27-245 (following fire apparatus), 27-254
    (obstruction of traffic), 27-258 (driving vehicle which is
    in unsafe condition), 27-259 (coasting on downgrade),
    27-264 (use of horns and signal devices), 27-265
    (obstruction to driver's view or driver mechanism), 27-267
    (dimming of headlights), 27-268 (unattended motor
    vehicle), 27-272 (illegal funeral procession), 27-273
    (funeral procession on boulevard), 27-275 (driving freight
    hauling vehicles on boulevard), 27-276 (stopping and
    standing of buses or taxicabs), 27-277 (cruising of public
    passenger vehicles), 27-305 (parallel parking), 27-306
    (diagonal parking), 27-307 (parking not to obstruct
    traffic), 27-308 (stopping, standing or parking
    regulated), 27-311 (parking regulations), 27-312 (parking
    regulations), 27-313 (parking regulations), 27-314
    (parking regulations), 27-315 (parking regulations),
    27-316 (parking regulations), 27-317 (parking
    regulations), 27-318 (parking regulations), 27-319
    (parking regulations), 27-320 (parking regulations),
    27-321 (parking regulations), 27-322 (parking
    regulations), 27-324 (loading and unloading at an angle),
    27-333 (wheel and axle loads), 27-334 (load restrictions in
    the downtown district), 27-335 (load restrictions in
    residential areas), 27-338 (width of vehicles), 27-339
    (height of vehicles), 27-340 (length of vehicles), 27-352
    (reflectors on trailers), 27-353 (mufflers), 27-354
    (display of plates), 27-355 (display of city vehicle tax
    sticker), 27-357 (identification of vehicles), 27-358
    (projecting of loads), and also excepting the following
    enumerated paragraphs of Section 2-201 of the Rules and
    Regulations of the Illinois State Toll Highway Authority:
    (l) (driving unsafe vehicle on tollway), (m) (vehicles
    transporting dangerous cargo not properly indicated), it
    shall be the duty of the clerk of the court in which such
    conviction is had within 5 days thereafter to forward to
    the Secretary of State a report of the conviction and the
    court may recommend the suspension of the driver's license
    or permit of the person so convicted.
    The reporting requirements of this subsection shall apply
to all violations stated in paragraphs (1) and (2) of this
subsection when the individual has been adjudicated under the
Juvenile Court Act or the Juvenile Court Act of 1987. Such
reporting requirements shall also apply to individuals
adjudicated under the Juvenile Court Act or the Juvenile Court
Act of 1987 who have committed a violation of Section 11-501 of
this Code, or similar provision of a local ordinance, or
Section 9-3 of the Criminal Code of 1961, as amended, relating
to the offense of reckless homicide. These reporting
requirements also apply to individuals adjudicated under the
Juvenile Court Act of 1987 based on any offense determined to
have been committed in furtherance of the criminal activities
of an organized gang, as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle or
the use of a driver's license or permit. The reporting
requirements of this subsection shall also apply to a truant
minor in need of supervision, an addicted minor, or a
delinquent minor and whose driver's license and privilege to
drive a motor vehicle has been ordered suspended for such times
as determined by the Court, but only until he or she attains 18
years of age. It shall be the duty of the clerk of the court in
which adjudication is had within 5 days thereafter to forward
to the Secretary of State a report of the adjudication and the
court order requiring the Secretary of State to suspend the
minor's driver's license and driving privilege for such time as
determined by the Court, but only until he or she attains the
age of 18 years. All juvenile court dispositions reported to
the Secretary of State under this provision shall be processed
by the Secretary of State as if the cases had been adjudicated
in traffic or criminal court. However, information reported
relative to the offense of reckless homicide, or Section 11-501
of this Code, or a similar provision of a local ordinance,
shall be privileged and available only to the Secretary of
State, courts, and police officers.
        The reporting requirements of this subsection (a)
    apply to all violations listed in paragraphs (1) and (2) of
    this subsection (a), excluding parking violations, when
    the driver holds a CDL, regardless of the type of vehicle
    in which the violation occurred, or when any driver
    committed the violation in a commercial motor vehicle as
    defined in Section 6-500 of this Code.
        (3) Whenever an order is entered vacating the
    forfeiture of any bail, security or bond given to secure
    appearance for any offense under this Code or similar
    offenses under municipal ordinance, it shall be the duty of
    the clerk of the court in which such vacation was had or
    the judge of such court if such court has no clerk, within
    5 days thereafter to forward to the Secretary of State a
    report of the vacation.
        (4) A report of any disposition of court supervision
    for a violation of Sections 6-303, 11-401, 11-501 or a
    similar provision of a local ordinance, 11-503 and 11-504
    shall be forwarded to the Secretary of State. A report of
    any disposition of court supervision for a violation of an
    offense defined as a serious traffic violation in this Code
    or a similar provision of a local ordinance committed by a
    person under the age of 21 years shall be forwarded to the
    Secretary of State.
        (5) Reports of conviction under this Code and
    sentencing hearings under the Juvenile Court Act of 1987 in
    an electronic format or a computer processible medium shall
    be forwarded to the Secretary of State via the Supreme
    Court in the form and format required by the Illinois
    Supreme Court and established by a written agreement
    between the Supreme Court and the Secretary of State. In
    counties with a population over 300,000, instead of
    forwarding reports to the Supreme Court, reports of
    conviction under this Code and sentencing hearings under
    the Juvenile Court Act of 1987 in an electronic format or a
    computer processible medium may be forwarded to the
    Secretary of State by the Circuit Court Clerk in a form and
    format required by the Secretary of State and established
    by written agreement between the Circuit Court Clerk and
    the Secretary of State. Failure to forward the reports of
    conviction or sentencing hearing under the Juvenile Court
    Act of 1987 as required by this Section shall be deemed an
    omission of duty and it shall be the duty of the several
    State's Attorneys to enforce the requirements of this
    Section.
    (b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer pursuant
to the authority in Section 6-113(f), it shall be the duty of
the clerk, or judge, if the court has no clerk, to forward such
restricted driving permit and a facsimile of the officer's
citation to the Secretary of State as expeditiously as
practicable.
    (c) For the purposes of this Code, a forfeiture of bail or
collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated, or the failure of a
defendant to appear for trial after depositing his driver's
license in lieu of other bail, shall be equivalent to a
conviction.
    (d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the driver's
arrest for a violation of Section 11-501 of this Code or a
similar provision of a local ordinance. The clerk of the court
shall also forward to the Secretary, either on paper or in an
electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any
disposition of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2) of subsection
(a) of this Section. These reports shall be sent within 5 days
after disposition, or, if the driver is referred to a driver
remedial or rehabilitative program, within 5 days of the
driver's referral to that program. These reports received by
the Secretary of State, including those required to be
forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver and (ii)
for use by the courts, police officers, prosecuting
authorities, and the Secretary of State. In accordance with 49
C.F.R. Part 384, all reports of court supervision, except
violations related to parking, shall be forwarded to the
Secretary of State for all holders of a CDL or any driver who
commits an offense while driving a commercial motor vehicle.
These reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be privileged
information.
(Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
 
    (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
    Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
    (a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof;
        3. Any felony under the laws of any State or the
    federal government in the commission of which a motor
    vehicle was used;
        4. Violation of Section 11-401 of this Code relating to
    the offense of leaving the scene of a traffic accident
    involving death or personal injury;
        5. Perjury or the making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership or
    operation of motor vehicles;
        6. Conviction upon 3 charges of violation of Section
    11-503 of this Code relating to the offense of reckless
    driving committed within a period of 12 months;
        7. Conviction of any offense defined in Section 4-102
    of this Code;
        8. Violation of Section 11-504 of this Code relating to
    the offense of drag racing;
        9. Violation of Chapters 8 and 9 of this Code;
        10. Violation of Section 12-5 of the Criminal Code of
    1961 arising from the use of a motor vehicle;
        11. Violation of Section 11-204.1 of this Code relating
    to aggravated fleeing or attempting to elude a peace
    officer;
        12. Violation of paragraph (1) of subsection (b) of
    Section 6-507, or a similar law of any other state,
    relating to the unlawful operation of a commercial motor
    vehicle;
        13. Violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance if
    the driver has been previously convicted of a violation of
    that Section or a similar provision of a local ordinance
    and the driver was less than 21 years of age at the time of
    the offense.
    (b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
        1. Of any minor upon receiving the notice provided for
    in Section 5-901 of the Juvenile Court Act of 1987 that the
    minor has been adjudicated under that Act as having
    committed an offense relating to motor vehicles prescribed
    in Section 4-103 of this Code;
        2. Of any person when any other law of this State
    requires either the revocation or suspension of a license
    or permit; .
        3. Of any person adjudicated under the Juvenile Court
    Act of 1987 based on an offense determined to have been
    committed in furtherance of the criminal activities of an
    organized gang as provided in Section 5-710 of that Act,
    and that involved the operation or use of a motor vehicle
    or the use of a driver's license or permit. The revocation
    shall remain in effect for the period determined by the
    court. Upon the direction of the court, the Secretary shall
    issue the person a judicial driving permit, also known as a
    JDP. The JDP shall be subject to the same terms as a JDP
    issued under Section 6-206.1, except that the court may
    direct that a JDP issued under this subdivision (b)(3) be
    effective immediately.
    (c) Whenever a person is convicted of any of the offenses
enumerated in this Section, the court may recommend and the
Secretary of State in his discretion, without regard to whether
the recommendation is made by the court may, upon application,
issue to the person a restricted driving permit granting the
privilege of driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within the
scope of the petitioner's employment related duties, or to
allow transportation for the petitioner or a household member
of the petitioner's family for the receipt of necessary medical
care or, if the professional evaluation indicates, provide
transportation for the petitioner for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate that no
alternative means of transportation is reasonably available
and the petitioner will not endanger the public safety or
welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship would result from a
failure to issue the restricted driving permit.
    If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1.
    If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension under
Section 11-501.1, or 2 or more statutory summary suspensions,
or combination of 2 offenses, or of an offense and a statutory
summary suspension, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees. If the restricted driving permit was
issued for employment purposes, then this provision does not
apply to the operation of an occupational vehicle owned or
leased by that person's employer. In each case the Secretary of
State may issue a restricted driving permit for a period he
deems appropriate, except that the permit shall expire within
one year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person whose
current revocation is the result of a second or subsequent
conviction for a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the offense
of operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar
out-of-state offense, or any combination thereof, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon
one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the
applicant to participate in a designated driver remedial or
rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does
not successfully complete the program. However, if an
individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this Section,
no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
    (d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date of
revocation, and upon application, the Secretary of State may,
if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit
granting the privilege of driving a motor vehicle only between
the hours of 5 a.m. and 9 p.m. or as otherwise provided by this
Section for a period of one year. After this one year period,
and upon reapplication for a license as provided in Section
6-106, upon payment of the appropriate reinstatement fee
provided under paragraph (b) of Section 6-118, the Secretary of
State, in his discretion, may issue the applicant a license, or
extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of
not more than 12 months each, until the applicant attains 21
years of age.
    If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1.
    If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or a
similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension under
Section 11-501.1, or 2 or more statutory summary suspensions,
or combination of 2 offenses, or of an offense and a statutory
summary suspension, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees. If the restricted driving permit was
issued for employment purposes, then this provision does not
apply to the operation of an occupational vehicle owned or
leased by that person's employer. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under
this Code may be cancelled, revoked, or suspended; except that
a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The revocation
periods contained in this subparagraph shall apply to similar
out-of-state convictions.
    (e) This Section is subject to the provisions of the Driver
License Compact.
    (f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
    (g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
    (h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system.
    (i) The Secretary of State may not issue a restricted
driving permit for a period of one year after a second or
subsequent revocation of driving privileges under clause
(a)(2) of this Section; however, one year after the date of a
second or subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary of State may, upon
application, issue a restricted driving permit under the terms
and conditions of subsection (c).
    (j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked under any
provisions of this Code.
(Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-710 as follows:
 
    (705 ILCS 405/5-710)
    Sec. 5-710. Kinds of sentencing orders.
    (1) The following kinds of sentencing orders may be made in
respect of wards of the court:
        (a) Except as provided in Sections 5-805, 5-810, 5-815,
    a minor who is found guilty under Section 5-620 may be:
            (i) put on probation or conditional discharge and
        released to his or her parents, guardian or legal
        custodian, provided, however, that any such minor who
        is not committed to the Department of Juvenile Justice
        under this subsection and who is found to be a
        delinquent for an offense which is first degree murder,
        a Class X felony, or a forcible felony shall be placed
        on probation;
            (ii) placed in accordance with Section 5-740, with
        or without also being put on probation or conditional
        discharge;
            (iii) required to undergo a substance abuse
        assessment conducted by a licensed provider and
        participate in the indicated clinical level of care;
            (iv) placed in the guardianship of the Department
        of Children and Family Services, but only if the
        delinquent minor is under 13 years of age;
            (v) placed in detention for a period not to exceed
        30 days, either as the exclusive order of disposition
        or, where appropriate, in conjunction with any other
        order of disposition issued under this paragraph,
        provided that any such detention shall be in a juvenile
        detention home and the minor so detained shall be 10
        years of age or older. However, the 30-day limitation
        may be extended by further order of the court for a
        minor under age 13 committed to the Department of
        Children and Family Services if the court finds that
        the minor is a danger to himself or others. The minor
        shall be given credit on the sentencing order of
        detention for time spent in detention under Sections
        5-501, 5-601, 5-710, or 5-720 of this Article as a
        result of the offense for which the sentencing order
        was imposed. The court may grant credit on a sentencing
        order of detention entered under a violation of
        probation or violation of conditional discharge under
        Section 5-720 of this Article for time spent in
        detention before the filing of the petition alleging
        the violation. A minor shall not be deprived of credit
        for time spent in detention before the filing of a
        violation of probation or conditional discharge
        alleging the same or related act or acts;
            (vi) ordered partially or completely emancipated
        in accordance with the provisions of the Emancipation
        of Minors Act;
            (vii) subject to having his or her driver's license
        or driving privileges suspended for such time as
        determined by the court but only until he or she
        attains 18 years of age;
            (viii) put on probation or conditional discharge
        and placed in detention under Section 3-6039 of the
        Counties Code for a period not to exceed the period of
        incarceration permitted by law for adults found guilty
        of the same offense or offenses for which the minor was
        adjudicated delinquent, and in any event no longer than
        upon attainment of age 21; this subdivision (viii)
        notwithstanding any contrary provision of the law; or
            (ix) ordered to undergo a medical or other
        procedure to have a tattoo symbolizing allegiance to a
        street gang removed from his or her body.
        (b) A minor found to be guilty may be committed to the
    Department of Juvenile Justice under Section 5-750 if the
    minor is 13 years of age or older, provided that the
    commitment to the Department of Juvenile Justice shall be
    made only if a term of incarceration is permitted by law
    for adults found guilty of the offense for which the minor
    was adjudicated delinquent. The time during which a minor
    is in custody before being released upon the request of a
    parent, guardian or legal custodian shall be considered as
    time spent in detention.
        (c) When a minor is found to be guilty for an offense
    which is a violation of the Illinois Controlled Substances
    Act, the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act and made a ward of the
    court, the court may enter a disposition order requiring
    the minor to undergo assessment, counseling or treatment in
    a substance abuse program approved by the Department of
    Human Services.
    (2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
    (3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
    (4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
    (5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
    (7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act.
    (8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall
be ordered to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property
located in the municipality or county in which the violation
occurred. The order may be in addition to any other order
authorized by this Section.
    (8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 shall be ordered to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The order may be in addition to any other order authorized by
this Section.
    (9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
    (10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
wrongful use of a firearm. If the court determines the question
in the affirmative, and the court does not commit the minor to
the Department of Juvenile Justice, the court shall order the
minor to perform community service for not less than 30 hours
nor more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar damage
to property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile Justice.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)