Public Act 90-0369 of the 90th General Assembly
Public Act 90-0369
SB950 Enrolled LRB9001187NTsbB
AN ACT concerning vehicles, amending named Acts.
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, 6-105, 6-107, 6-204, 6-205, 6-206,
6-206.1, 7-702.1, 12-603, and 12-603.1 and adding Sections
1-187.001, 6-107.1, 6-107.2, and 6-107.3 as follows:
(625 ILCS 5/1-187.001 new)
Sec. 1-187.001. Serious traffic violation.
(a) A conviction when operating a motor vehicle for:
(1) a violation of subsection (a) of Section
11-402, relating to a motor vehicle accident involving
damage to a vehicle;
(2) a violation of Section 11-403, relating to
failure to stop and exchange information after a motor
vehicle collision, property damage only;
(3) a violation of subsection (a) of Section
11-502, relating to illegal transportation, possession,
or carrying of alcoholic liquor within the passenger area
of any vehicle;
(4) a violation of Section 6-101 relating to
operating a motor vehicle without a valid license or
permit;
(5) a violation of Section 11-403, relating to
failure to stop and exchange information or give aid
after a motor vehicle collision involving personal injury
or death;
(6) a violation relating to excessive speeding,
involving a single speeding charge of 30 miles per hour
or more above the legal speed limit;
(7) a violation relating to reckless driving;
(8) a violation of subsection (d) of Section
11-707, relating to passing in a no-passing zone;
(9) a violation of subsection (b) of Section
11-1402, relating to limitations on backing upon a
controlled access highway;
(10) a violation of subsection (b) of Section
11-707, relating to driving on the left side of a
roadway in a no-passing zone;
(11) a violation of subsection (e) of Section
11-1002, relating to failure to yield the right-of-way to
a pedestrian at an intersection;
(12) a violation of Section 11-1008, relating to
failure to yield to a pedestrian on a sidewalk; or
(13) a violation of Section 11-1201, relating to
failure to stop for an approaching railroad train or
signals; or
(b) Any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation.
(c) A violation of any of these defined serious traffic
offenses shall not preclude the defendant from being eligible
to receive an order of court supervision under Section 5-6-1
of the Unified Code of Corrections.
(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
paragraphs (a) and (b) of Section 6-105 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, 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; or
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 or the
Illinois Controlled Substances 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 or Section
410 of the Illinois Controlled Substances 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; or.
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.
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. 87-1114; 88-212.)
(625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
Sec. 6-105. Instruction permits and temporary licenses
for persons 18 years of age or older.
(a) Except as provided in this Section, the Secretary of
State upon receiving proper application and payment of the
required fee may issue an instruction permit to any person 18
years of age or older who is not ineligible for a license
under paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after
the applicant has successfully passed such examination as the
Secretary of State in his discretion may prescribe.
1. An instruction permit entitles the holder while
having the permit in his immediate possession to drive a
motor vehicle, excluding a motor driven cycle or motorcycle,
upon the highways for a period of 12 months after the date of
its issuance when accompanied by a licensed driver who is 21
years of age or older, who has had a valid driver's license
classification to operate such vehicle for at least one year
and has had one year of driving experience with such
classification and who is occupying a seat beside the driver.
2. A 12 month instruction permit for a motor driven
cycle or motorcycle may be issued to a person 18 16 years of
age or more, and entitles the holder to drive upon the
highways during daylight under the direct supervision of a
licensed motor driven cycle operator or motorcycle operator
with the same or greater classification, who is 21 years of
age or older and who has at least one year of driving
experience.
3. (Blank). A 12 month instruction permit for a
motorcycle other than a motor driven cycle may be issued to a
person 18 years of age or more, or to a person who is at
least 16 years of age in accordance with the provisions of
paragraph 2 of Section 6-103, and entitles a holder to drive
upon the highways during daylight under the direct
supervision of a licensed motorcycle operator.
(b) (Blank). An instruction permit issued hereunder when
issued to a minor enrolled in a driver education program as
provided in this Code, shall be restricted, by the Secretary
of State, to the operation of a motor vehicle by the minor
only when accompanied by the adult instructor of the program
during enrollment therein or when practicing with a parent,
legal guardian or person in loco parentis who has a license
classification to operate such vehicle and at least one year
of driving experience and who is occupying a seat beside the
driver. After successful completion of the driver education
program and before qualifying for a driver's license, the
minor shall be restricted to the operation of a motor vehicle
only when accompanied by a person who has a license
classification to operate such vehicle and at least one year
of driving experience and who is occupying a seat beside the
driver.
(c) The Secretary of State may issue a temporary
driver's license to an applicant for a license permitting the
operation of a motor vehicle while the Secretary is
completing an investigation and determination of all facts
relative to such applicant's eligibility to receive such
license, or for any other reason prescribed by rule or
regulation promulgated by the Secretary of State. Such
permit must be in the applicant's immediate possession while
operating a motor vehicle, and it shall be invalid when the
applicant's driver's license has been issued or for good
cause has been refused. In each case the Secretary of State
may issue the temporary driver's license for such period as
appropriate but in no event for longer than 90 days.
(Source: P.A. 85-522.)
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated Licensing Program is
to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle
accidents, fatalities, and injuries by:
(1) providing for an increase in the time of
practice period before granting permission to obtain a
driver's license;
(2) strengthening driver licensing and testing
standards for persons under the age of 21 years;
(3) sanctioning driving privileges of drivers under
age 21 who have committed serious traffic violations or
other specified offenses; and
(4) setting stricter standards to promote the
public's health and safety.
(b) Applications of minors. The application of any
person under the age of 18 years, and not legally emancipated
by marriage, for a drivers license or permit to operate a
motor vehicle issued under the laws of this State, shall be
accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the
applicant, or in the event there is no parent or guardian,
then by another responsible adult.
No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant has:
(1) Held a valid instruction permit for a minimum
of 3 months.
(2) Passed an approved driver education course and
submits proof of having passed the course as may be
required.
(3) certification by the parent, legal guardian, or
responsible adult that the applicant has had a minimum of
25 hours of behind-the-wheel practice time and is
sufficiently prepared and able to safely operate a motor
vehicle.
No drivers license shall be issued to any applicant under
18 years of age who is 16 years of age or more unless the
applicant has passed an approved driver education course as
defined in Section 1-103 of this Act, and submits such proof
of having passed the course as may be required by the
Secretary of State.
(c) No graduated driver's license or permit shall be
issued to any applicant under 18 years of age who has
committed the offense of operating a motor vehicle without a
valid license or permit in violation of Section 6-101 of this
Code and no graduated driver's license or permit shall be
issued to any applicant under 18 years of age who has
committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in
Section 6-205 of this Code or who has been either convicted
of or adjudicated a delinquent based upon a violation of the
Cannabis Control Act or the Illinois Controlled Substances
Act, while that individual 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 or Section 410 of the Illinois Controlled Substances 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.
(d) No graduated driver's license shall be issued for 6
months to any applicant under the age of 18 years who has
been convicted of any offense defined as a serious traffic
violation in this Code or a similar provision of a local
ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any motor vehicle, except a motor
driven cycle or motorcycle, with more than one passenger in
the front seat of the motor vehicle and no more passengers in
the back seats than the number of available seat safety belts
as set forth in Section 12-603 of this Code.
(f) No graduated driver's license holder under the age
of 18 shall operate a motor vehicle unless each driver and
front or back seat passenger under the age of 18 is wearing a
properly adjusted and fastened seat safety belt.
(Source: P.A. 88-197.)
(625 ILCS 5/6-107.1 new)
Sec. 6-107.1. Instruction permit for a minor.
(a) The Secretary of State, upon receiving proper
application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years
who is not ineligible for a license under paragraphs 1, 3, 4,
5, 7, or 8 of Section 6-103, after the applicant has
successfully passed such examination as the Secretary of
State in his discretion may prescribe.
(1) An instruction permit issued under this Section
shall be valid for a period of 24 months after the date
of its issuance and shall be restricted, by the Secretary
of State, to the operation of a motor vehicle by the
minor only when accompanied by the adult instructor of a
driver education program during enrollment in the program
or when practicing with a parent, legal guardian, family
member, or a person in loco parentis who is 21 years of
age or more, has a license classification to operate such
vehicle and at least one year of driving experience, and
who is occupying a seat beside the driver.
(2) A 24 month instruction permit for a motor
driven cycle may be issued to a person 16 or 17 years of
age and entitles the holder to drive upon the highways
during daylight under direct supervision of a licensed
motor driven cycle operator or motorcycle operator 21
years of age or older who has a license classification to
operate such motor driven cycle or motorcycle and at
least one year of driving experience.
(3) A 24 month instruction permit for a motorcycle
other than a motor driven cycle may be issued to a person
16 or 17 years of age in accordance with the provisions
of paragraph 2 of Section 6-103 and entitles a holder to
drive upon the highways during daylight under the direct
supervision of a licensed motorcycle operator 21 years of
age or older who has at least one year of driving
experience.
(b) An instruction permit issued under this Section when
issued to a person under the age of 17 years shall, as a
matter of law, be invalid for the operation of any motor
vehicle during the same time the child is prohibited from
being on any street or highway under the provisions of the
Child Curfew Act.
(c) Any person under the age of 16 years who possesses
an instruction permit and whose driving privileges have been
suspended or revoked under the provisions of this Code shall
not be granted a Family Financial Responsibility Driving
Permit or a Restricted Driving Permit.
(625 ILCS 5/6-107.2 new)
Sec. 6-107.2. Rules for graduated licenses. The
Secretary of State, using the authority to license motor
vehicle operators, may adopt such rules as may be necessary
to establish standards, policies, and procedures for
graduated licenses.
(625 ILCS 5/6-107.3 new)
Sec. 6-107.3. Distinct nature of driver's license
dependent on age. The Secretary of State shall provide that
each graduated driver's license and each regular driver's
license issued to individuals under 21 years of age shall be
of a distinct nature from those driver's licenses issued to
individuals 21 years of age and older. The colors designated
for the graduated driver's license and regular driver's
license shall be at the discretion of the Secretary of State.
(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 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 10 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 freighthauling 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 10 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. 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.
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 10 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 in 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 in 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 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 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. Such
reports shall be sent within 10 days after the driver's
referral to such driver remedial or rehabilitative program.
Such reports, including those required to be forwarded under
subsection 4 of paragraph (a), shall be recorded to the
driver's file, but shall not be released to any outside
source, except the affected driver, and shall be used only to
assist in assessing driver performance and for the purpose of
informing the courts that such driver has been previously
assigned court supervision or referred to a driver's remedial
or rehabilitative program.
(Source: P.A. 88-415.)
(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 or permit 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 combination of both;
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 the offense of automobile theft as
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
police 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 1-8 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.
(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. 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. 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. 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. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
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.
(Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff.
1-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
Section 6-110. Provided that for the first offense the
Secretary of State may suspend the driver's license for
not more than 60 days, for the second offense not more
than 90 days, and for the third offense not more than one
year;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Beginning on January 1, 1991, has refused to
submit to a test as required by Section 11-501.6 or has
submitted to a test resulting in an alcohol concentration
of 0.10 or more or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption
of cannabis as listed in the Cannabis Control Act or a
controlled substance as listed in the Illinois Controlled
Substances Act in which case the penalty shall be as
prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years; or
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;
or.
34. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2
offenses against traffic regulations governing the
movement of vehicles committed within any 24 month
period. No revocation or suspension shall be entered
more than 6 months after the date of last conviction.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue 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 his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation 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. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. 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.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
under the age of 18 years whose driver's license or permit
has been suspended pursuant to any of the provisions of this
Section, require the applicant to participate in a driver
remedial education course and be retested under Section 6-109
of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) 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 suspended or revoked under any
provisions of this Code.
(Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94;
89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Judicial Driving Permit. Declaration of
Policy. It is hereby declared a policy of the State of
Illinois that the driver who is impaired by alcohol or other
drugs is a threat to the public safety and welfare.
Therefore, to provide a deterrent to such practice and to
remove problem drivers from the highway, a statutory summary
driver's license suspension is appropriate. It is also
recognized that driving is a privilege and therefore, that in
some cases the granting of limited driving privileges, where
consistent with public safety, is warranted during the period
of suspension in the form of a judicial driving permit to
drive for the purpose of employment, receiving drug treatment
or medical care, and educational pursuits, where no
alternative means of transportation is available.
The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the first offender as defined in Section 11-500 may
petition the circuit court of venue for a Judicial Driving
Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to
the criteria contained in this Section, directing the
Secretary of State to issue such a JDP to the petitioner. A
JDP shall not become effective prior to the 31st day of the
original statutory summary suspension and shall always be
subject to the following criteria:
1. If ordered for the purposes of employment, the
JDP shall be only for the purpose of providing the
petitioner the privilege of driving a motor vehicle
between the petitioner's residence and the petitioner's
place of employment and return; or within the scope of
the petitioner's employment related duties, shall be
effective only during and limited to those specific times
and routes actually required to commute or perform the
petitioner's employment related duties.
2. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
for the petitioner, or a household member of the
petitioner's family, to receive alcohol or other drug
treatment or medical care, if the petitioner is able to
demonstrate that no alternative means of transportation
is reasonably available. Such JDP shall be effective only
during the specific times actually required to commute.
3. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
by the petitioner for educational purposes upon
demonstrating that there are no alternative means of
transportation reasonably available to accomplish those
educational purposes. Such JDP shall be only for the
purpose of providing transportation to and from the
petitioner's residence and the petitioner's place of
educational activity, and only during the specific times
and routes actually required to commute or perform the
petitioner's educational requirement.
4. The Court shall not issue an order granting a
JDP to:
(i) Any person unless and until the court,
after considering the results of a current
professional evaluation of the person's alcohol or
other drug use by an agency pursuant to Section
15-10 of the Alcoholism and Other Drug Abuse and
Dependency Act and other appropriate investigation
of the person, is satisfied that granting the
privilege of driving a motor vehicle on the highways
will not endanger the public safety or welfare.
(ii) Any person who has been convicted of
reckless homicide within the previous 5 years.
(iii) Any person whose privilege to operate a
motor vehicle was invalid at the time of arrest for
the current violation of Section 11-501, or a
similar provision of a local ordinance, except in
cases where the cause for a driver's license
suspension has been removed at the time a JDP is
effective. In any case, should the Secretary of
State enter a suspension or revocation of driving
privileges pursuant to the provisions of this Code
while the JDP is in effect or pending, the Secretary
shall take the prescribed action and provide a
notice to the person and the court ordering the
issuance of the JDP that all driving privileges,
including those provided by the issuance of the JDP,
have been withdrawn.
(iv) Any person under the age of 18 years.
(b) Prior to ordering the issuance of a JDP the Court
should consider at least, but not be limited to, the
following issues:
1. Whether the person is employed and no other
means of commuting to the place of employment is
available or that the person must drive as a condition of
employment. The employer shall certify the hours of
employment and the need and parameters necessary for
driving as a condition to employment.
2. Whether the person must drive to secure alcohol
or other medical treatment for himself or a family
member.
3. Whether the person must drive for educational
purposes. The educational institution shall certify the
person's enrollment in and academic schedule at the
institution.
4. Whether the person has been repeatedly convicted
of traffic violations or involved in motor vehicle
accidents to a degree which indicates disrespect for
public safety.
5. Whether the person has been convicted of a
traffic violation in connection with a traffic accident
resulting in the death of any person within the last 5
years.
6. Whether the person is likely to obey the limited
provisions of the JDP.
7. Whether the person has any additional traffic
violations pending in any court.
For purposes of this Section, programs conducting
professional evaluations of a person's alcohol or other drug
use must report, to the court of venue, using a form
prescribed by the Secretary of State. A copy of such
evaluations shall be sent to the Secretary of State by the
court. However, the evaluation information shall be
privileged and only available to courts and to the Secretary
of State, but shall not be admissible in the subsequent trial
on the underlying charge.
(c) The scope of any court order issued for a JDP under
this Section shall be limited to the operation of a motor
vehicle as provided for in subsection (a) of this Section and
shall specify the petitioner's residence, place of employment
or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days
of the week and specific hours of the day when the petitioner
is able to exercise the limited privilege of operating a
motor vehicle. If the Petitioner, who has been granted a JDP,
is issued a citation for a traffic related offense, including
operating a motor vehicle outside the limitations prescribed
in the JDP or a violation of Section 6-303, or is convicted
of any such an offense during the term of the JDP, the court
shall consider cancellation of the limited driving permit.
In any case, if the Petitioner commits an offense, as defined
in Section 11-501, or a similar provision of a local
ordinance, as evidenced by the issuance of a Uniform Traffic
Ticket, the JDP shall be forwarded by the court of venue to
the court ordering the issuance of the JDP, for cancellation.
The court shall notify the Secretary of State of any such
cancellation.
(d) The Secretary of State shall, upon receiving a court
order from the court of venue, issue a JDP to a successful
Petitioner under this Section. Such court order form shall
also contain a notification, which shall be sent to the
Secretary of State, providing the name, driver's license
number and legal address of the successful petitioner, and
the full and detailed description of the limitations of the
JDP. This information shall be available only to the courts,
police officers, and the Secretary of State, except during
the actual period the JDP is valid, during which time it
shall be a public record. The Secretary of State shall design
and furnish to the courts an official court order form to be
used by the courts when directing the Secretary of State to
issue a JDP.
Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
JDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the JDP cannot
be so entered. A notice of this action shall also be sent to
the JDP petitioner by the Secretary of State.
(e) The circuit court of venue may conduct the judicial
hearing, as provided in Section 2-118.1, and the JDP hearing
provided in this Section, concurrently. Such concurrent
hearing shall proceed in the court in the same manner as in
other civil proceedings.
(Source: P.A. 88-670, eff. 12-2-94.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving
permits. Following the entry of an order that an obligor has
been found in contempt by the court for failure to pay court
ordered child support payments, the court may enter an order
directing the Secretary of State to issue a family financial
responsibility driving permit for the purpose of providing
the obligor the privilege of operating a motor vehicle
between the obligor's residence and place of employment, or
within the scope of employment related duties; or for the
purpose of providing transportation for the obligor or a
household member to receive alcohol treatment, other drug
treatment, or medical care. The court may enter an order
directing the issuance of a permit only if the obligor has
proven to the satisfaction of the court that no alternative
means of transportation are reasonably available for the
above stated purposes. No permit shall be issued to a person
under the age of 16 years who possesses an instruction
permit.
Upon entry of an order granting the issuance of a permit
to an obligor, the court shall report this finding to the
Secretary of State on a form prescribed by the Secretary.
This form shall state whether the permit has been granted for
employment or medical purposes and the specific days and
hours for which limited driving privileges have been granted.
The family financial responsibility driving permit shall
be subject to cancellation, invalidation, suspension, and
revocation by the Secretary of State in the same manner and
for the same reasons as a driver's license may be cancelled,
invalidated, suspended, or revoked.
The Secretary of State shall, upon receipt of a certified
court order from the court of jurisdiction, issue a family
financial responsibility driving permit. In order for this
permit to be issued, an individual's driving privileges must
be valid except for the family financial responsibility
suspension. This permit shall be valid only for employment
and medical purposes as set forth above. The permit shall
state the days and hours for which limited driving privileges
have been granted.
Any submitted court order that contains insufficient data
or fails to comply with any provision of this Code shall not
be used for issuance of the permit or entered to the
individual's driving record but shall be returned to the
court of jurisdiction indicating why the permit cannot be
issued at that time. The Secretary of State shall also send
notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
Sec. 12-603. Seat safety belts.
(a) No person shall sell any 1965 or later model motor
vehicle of the first division unless the front seat of such
motor vehicle is equipped with 2 sets of seat safety belts.
Motorcycles are exempted from the provisions of this Section.
(b) No person shall operate any 1965 or later model
motor vehicle of the first division that is titled or
licensed by the Secretary of State unless the front seat of
such motor vehicle is equipped with 2 sets of seat safety
belts.
(b-5) No person under the age of 18 years shall operate
any motor vehicle, except a motor driven cycle or motorcycle,
with more than one passenger in the front seat of the motor
vehicle and no more passengers in the back seats than the
number of available seat safety belts, except that each
driver under the age of 18 years operating a second division
vehicle having a gross vehicle weight rating of 8,000 pounds
or less that contains only a front seat may operate the
vehicle with more than one passenger in the front seat,
provided that each passenger is wearing a properly adjusted
and fastened seat safety belt.
(c) As used in this Section, "seat safety belts" means a
set of belts or a harness meeting the specifications
established by the Department and installed in such manner as
to prevent or materially reduce the movement of the person
using the same in the event of collision or upset of the
vehicle.
(d) The Department shall establish performance
specifications for seat safety belts and for the attachment
and installation thereof.
(Source: P.A. 89-120, eff. 7-7-95.)
(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use
safety belts, exceptions and penalty.
(a) Each driver and front seat passenger of a motor
vehicle operated on a street or highway in this State shall
wear a properly adjusted and fastened seat safety belt;
except that, a child less than 6 years of age shall be
protected as required pursuant to the Child Passenger
Protection Act. Each driver under the age of 18 years and
each of the driver's passengers under the age of 18 years of
a motor vehicle operated on a street or highway in this State
shall wear a properly adjusted and fastened seat safety belt.
Each driver of a motor vehicle transporting a child 6 years
of age or more, but less than 16 years of age, in the front
seat of the motor vehicle shall secure the child in a
properly adjusted and fastened seat safety belt.
(b) Paragraph (a) shall not apply to any of the
following:
1. A driver or passenger frequently stopping and leaving
the vehicle or delivering property from the vehicle, if the
speed of the vehicle between stops does not exceed 15 miles
per hour.
2. A driver or passenger possessing a written statement
from a physician that such person is unable, for medical or
physical reasons, to wear a seat safety belt.
3. A driver or passenger possessing an official
certificate or license endorsement issued by the appropriate
agency in another state or country indicating that the driver
is unable for medical, physical, or other valid reasons to
wear a seat safety belt.
4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A motorized pedalcycle.
8. A motor vehicle which is not required to be equipped
with seat safety belts under federal law.
9. A motor vehicle operated by a rural letter carrier of
the United States postal service while performing duties as a
rural letter carrier.
(c) Failure to wear a seat safety belt in violation of
this Section shall not be considered evidence of negligence,
shall not limit the liability of an insurer, and shall not
diminish any recovery for damages arising out of the
ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense
and subject to a fine not to exceed $25.
(e) No motor vehicle, or driver or passenger of such
vehicle, shall be stopped or searched by any law enforcement
officer solely on the basis of a violation or suspected
violation of this Section.
(Source: P.A. 85-291.)
Section 10. The Child Passenger Protection Act is
amended by adding Section 4b as follows:
(625 ILCS 25/4b new)
Sec. 4b. Children 6 years of age or older but under the
age of 18; seat belts. Every person under the age of 18
years, when transporting a child 6 years of age or older but
under the age of 18 years, as provided in Section 4 of this
Act, shall be responsible for securing that child in a
properly adjusted and fastened seat safety belt.
Section 15. The Unified Code of Corrections is amended
by changing Section 5-6-1 as follows:
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General
Assembly finds that in order to protect the public, the
criminal justice system must compel compliance with the
conditions of probation by responding to violations with
swift, certain and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations
of the terms and conditions of a sentence of probation,
conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would
deprecate the seriousness of the offender's conduct and
would be inconsistent with the ends of justice.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-6-4 of
this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic
imprisonment nor of probation supervision is appropriate.
(c) The court may, upon a plea of guilty or a
stipulation by the defendant of the facts supporting the
charge or a finding of guilt, defer further proceedings and
the imposition of a sentence, and enter an order for
supervision of the defendant, if the defendant is not charged
with a Class A misdemeanor, as defined by the following
provisions of the Criminal Code of 1961: Sections 12-3.2;
12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; and Section 1 of the Boarding
Aircraft With Weapon Act; or a felony. If the defendant is
not barred from receiving an order for supervision as
provided in this subsection, the court may enter an order for
supervision after considering the circumstances of the
offense, and the history, character and condition of the
offender, if the court is of the opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best
served if the defendant were not to receive a criminal
record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of a
local ordinance; or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation
of Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, and the plea or
stipulation was the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the
Criminal Code of 1961 if said defendant has within the last 5
years been:
(1) convicted for a violation of Section 16A-3 of
the Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, or
Section 11-1414 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(g) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance if the defendant has within
the last 5 years been:
(1) convicted for a violation of Section 3-707,
3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of
the Illinois Vehicle Code:
(1) unless the defendant, upon payment of the
fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the
Conference of Chief Circuit Judges. The accused shall be
responsible for payment of any traffic safety program
fees. If the accused fails to file a certificate of
successful completion on or before the termination date
of the supervision order, the supervision shall be
summarily revoked and conviction entered. The provisions
of Supreme Court Rule 402 relating to pleas of guilty do
not apply in cases when a defendant enters a guilty plea
under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(Source: P.A. 88-250; 89-198, eff. 7-21-95; 89-210, eff.
8-2-95; 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
Section 99. Effective date. This Act takes effect
January 1, 1998.