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92nd General Assembly

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Public Act 92-0458

HB1041 Enrolled                                LRB9201961DHmg

    AN ACT regarding vehicles.

    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 2-118.1, 5-103, 6-117, 6-118, 6-204, 6-206,
6-208, and 7-604 as follows:

    (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
    Sec. 2-118.1.  Opportunity for hearing; statutory summary
alcohol or other drug related suspension.
    (a)  A statutory summary suspension of driving privileges
under Section 11-501.1 shall not become effective  until  the
person is notified in writing of the impending suspension and
informed  that  he may request a hearing in the circuit court
of  venue  under  paragraph  (b)  of  this  Section  and  the
statutory  summary  suspension  shall  become  effective   as
provided in Section 11-501.1.
    (b)  Within 90 days after the notice of statutory summary
suspension served under Section 11-501.1, the person may make
a written request for a judicial hearing in the circuit court
of  venue.   The request to the circuit court shall state the
grounds upon which the person seeks  to  have  the  statutory
summary suspension rescinded. Within 30 days after receipt of
the  written  request  or  the  first  appearance date on the
Uniform Traffic Ticket issued  pursuant  to  a  violation  of
Section  11-501, or a similar provision of a local ordinance,
the hearing shall be conducted by the  circuit  court  having
jurisdiction.  This  judicial  hearing,  request,  or process
shall not stay or delay the statutory summary suspension. The
hearings shall proceed in the court in the same manner as  in
other civil proceedings.
    The  hearing  may  be  conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena  the  officer.  Failure  of  the
officer  to  answer  the subpoena shall be considered grounds
for  a  continuance  if  in  the   court's   discretion   the
continuance is appropriate.
    The  scope  of the hearing shall be limited to the issues
of:
         1.  Whether the person was placed under  arrest  for
    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, or issued a Uniform
    Traffic Ticket out of state as provided in subsection (a)
    of Section 11-501.1; and
         2.  Whether  the  officer  had reasonable grounds to
    believe that the person was driving or in actual physical
    control of a motor vehicle upon a highway while under the
    influence of alcohol, other drug, or combination of both;
    and
         3.  Whether the person, after being advised  by  the
    officer  that  the  privilege  to operate a motor vehicle
    would be suspended if the person refused to submit to and
    complete the test or tests, did refuse to  submit  to  or
    complete  the  test  or  tests  to determine the person's
    alcohol or drug concentration; or
         4.  Whether the person, after being advised  by  the
    officer  that  the  privilege  to operate a motor vehicle
    would be suspended if the person submits  to  a  chemical
    test,  or  tests,  and  the  test  discloses  an  alcohol
    concentration  of  0.08 or more, or any amount of a drug,
    substance, or compound in the  person's  blood  or  urine
    resulting   from  the  unlawful  use  or  consumption  of
    cannabis  listed  in  the  Cannabis  Control  Act,  or  a
    controlled substance listed in  the  Illinois  Controlled
    Substances  Act, or an intoxicating compound as listed in
    the use of Intoxicating Compounds Act, and the person did
    submit to and complete the test or tests that  determined
    an alcohol concentration of 0.08 or more.
    Upon  the conclusion of the judicial hearing, the circuit
court  shall  sustain  or  rescind  the   statutory   summary
suspension  and  immediately  notify  the Secretary of State.
Reports received by the Secretary of State under this Section
shall be privileged information  and  for  use  only  by  the
courts, police officers, and Secretary of State.
(Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)

    (625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
    Sec.  5-103.  (a)  Every  new  vehicle manufacturer shall
specify the  delivery  and  preparation  obligations  of  its
vehicle  dealers  prior to delivery of new vehicles to retail
buyers. A copy of the delivery and preparation obligations of
its dealers shall be filed with the  Secretary  of  State  by
every  vehicle  manufacturer and shall constitute the vehicle
dealer's only responsibility for product liability as between
the dealer and the manufacturer. A manufacturer's product  or
warranty   liability  to  the  dealer  shall  extend  to  any
mechanical, body or parts defect constituting a breach of any
express  or  implied  warranty  of  the   manufacturer.   The
manufacturer   shall  reasonably  compensate  any  authorized
dealer who rectifies a defect which constitutes a  breach  of
any  express  or implied warranty of the manufacturer and for
preparation and  delivery  obligations.  Every  dealer  shall
perform  the  preparation and get ready services specified by
the manufacturer to be performed prior to the delivery of the
new vehicle to the buyer.
    (b)  The owner of the vehicle may cause the vehicle to be
inspected according to this Section  and  have  the  original
manufacturer's  warranty reinstated if the vehicle is a theft
recovery that has been  salvaged  and  is  recovered  without
structural  damage  or  missing  essential  parts,  excluding
wheels,  damage  to  the steering column, and radios provided
the owner:
         (1)  Submits the vehicle to a franchised dealer  for
    a complete inspection, including fluids, frame, essential
    parts,  and  other  items  deemed  by the manufacturer as
    essential  for  verification  of  the  condition  of  the
    vehicle at the time of recovery.
         (2)  Submits a copy of the police recovery report to
    the inspecting dealer.
         (3)  Paid  the  inspection  fee   charged   by   the
    franchised dealer.
    The    manufacturer    shall   reinstate   the   original
manufacturer's warranty  if  a  vehicle  is  certified  by  a
franchised  dealer  as having complied with the provisions of
this  Section.   The  manufacturer  shall,  in  addition   to
reinstating  the  warranty,  provide the owner with a written
statement  indicating  that   the   original   manufacturer's
warranty has been reinstated.
    (c)  Any licensed vehicle dealer that offers, provides or
sells  in-house  and  or  self-insured extended warranties or
service  contracts,  other  than   those   of   the   vehicle
manufacturer, shall retain adequate reserves or insurance for
the  protection of the purchasing consumer.  The Secretary of
State  shall  provide  by  rule  and   regulation   for   the
implementation of this requirement.
    Nothing  in this Section shall affect a cause of action a
buyer may have against a dealer or manufacturer under present
applicable statutory or case law.
(Source: P.A. 89-189, eff. 1-1-96.)

    (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
    Sec. 6-117.  Records to  be  kept  by  the  Secretary  of
State.
    (a)  The  Secretary of State shall file every application
for a license or permit  accepted  under  this  Chapter,  and
shall  maintain  suitable indexes thereof. The records of the
Secretary of State  shall  indicate  the  action  taken  with
respect to such applications.
    (b)  The  Secretary  of  State shall maintain appropriate
records of  all  licenses  and  permits  refused,  cancelled,
revoked  or suspended and of the revocation and suspension of
driving  privileges  of  persons  not  licensed  under   this
Chapter,  and  such  records  shall note the reasons for such
action.
    (c)  The Secretary of State  shall  maintain  appropriate
records  of  convictions reported under this Chapter. Records
of conviction may be maintained  in  a  computer  processible
medium.
    (d)  The Secretary of State may also maintain appropriate
records of any accident reports received.
    (e)  The   Secretary   of   State   shall  also  maintain
appropriate records of  any  disposition  of  supervision  or
records  relative to a driver's referral to a driver remedial
or rehabilitative program, as required by  the  Secretary  of
State  or  the  courts.  Such records shall only be available
for use by  the  Secretary,  law  enforcement  agencies,  the
courts, and the affected driver or, upon proper verification,
such affected driver's attorney.
    (f)  The  Secretary  of  State  shall  also  maintain  or
contract  to  maintain appropriate records of all photographs
and  signatures  obtained  in  the  process  of  issuing  any
driver's license, permit, or identification card.  The record
shall be confidential and shall not be  disclosed  except  to
those entities listed under Section 6-110.1 of this Code.
(Source: P.A. 90-191, eff. 1-1-98.)

    (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
    Sec. 6-118.  Fees.
    (a)  The  fee for licenses and permits under this Article
is as follows:
    Original driver's license.............................$10
    Original or renewal driver's license
         issued to 18, 19 and 20 year olds..................5
    All driver's licenses for persons
         age 69 through age 80..............................5
    All driver's licenses for persons
         age 81 through age 86..............................2
    All driver's licenses for persons
         age 87 or older....................................0
    Renewal driver's license (except for
         applicants ages 18, 19 and 20 or
         age 69 and older).................................10
    Original instruction permit issued to
         persons (except those age 69 and older)
         who do not hold or have not previously
         held an Illinois instruction permit or
         driver's license..................................20
    Instruction permit issued to any person
         holding an Illinois driver's license
         who wishes a change in classifications,
         other than at the time of renewal..................5
    Any instruction permit issued to a person
         age 69 and older...................................5
    Instruction permit issued to any person,
         under age 69, not currently holding a
         valid Illinois driver's license or
         instruction permit but who has
         previously been issued either document
         in Illinois.......................................10
    Restricted driving permit...............................8
    Duplicate or corrected driver's license
         or permit..........................................5
    Duplicate or corrected restricted
         driving permit.....................................5
    Original or renewal M or L endorsement..................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
         The fees for commercial driver licenses and  permits
    under Article V shall be as follows:
    Commercial driver's license:
         $6 for the CDLIS/AAMVAnet Fund
         (Commercial Driver's License Information
         System/American Association of Motor Vehicle
         Administrators network Trust Fund);
         $20 for the Motor Carrier Safety Inspection Fund;
         $10 for the driver's license;
         and $24 for the CDL:.............................$60
    Renewal commercial driver's license:
         $6 for the CDLIS/AAMVAnet Trust Fund;
         $20 for the Motor Carrier Safety Inspection Fund;
         $10 for the driver's license; and
         $24 for the CDL:.................................$60
    Commercial driver instruction permit
         issued to any person holding a valid
         Illinois driver's license for the
         purpose of changing to a
         CDL classification:  $6 for the
         CDLIS/AAMVAnet Trust Fund;
         $20 for the Motor Carrier
         Safety Inspection Fund; and
         $24 for the CDL classification...................$50
    Commercial driver instruction permit
         issued to any person holding a valid
         Illinois CDL for the purpose of
         making a change in a classification,
         endorsement or restriction........................$5
    CDL duplicate or corrected license.....................$5
    In  order  to  ensure  the  proper  implementation of the
Uniform Commercial Driver License  Act,  Article  V  of  this
Chapter,  the Secretary of State is empowered to pro-rate the
$24 fee for the commercial driver's license proportionate  to
the  expiration  date  of  the  applicant's Illinois driver's
license.
    The fee for any duplicate  license  or  permit  shall  be
waived  for  any  person  age  60  or  older who presents the
Secretary of State's office with a police report showing that
his license or permit was stolen.
    No  additional  fee  shall  be  charged  for  a  driver's
license, or for a commercial driver's license, when issued to
the  holder  of  an   instruction   permit   for   the   same
classification  or  type  of license who becomes eligible for
such license.
    (b)  Any person whose license or privilege to  operate  a
motor  vehicle  in  this  State has been suspended or revoked
under any provision of Chapter  6,  Chapter  11,  or  Section
7-702  of  the  Family  Financial  Responsibility Law of this
Code, shall in addition to any other fees  required  by  this
Code, pay a reinstatement fee as follows:
    Summary suspension under Section 11-501.1.............$60
    Other suspension......................................$30
    Revocation............................................$60
    However, any person whose license or privilege to operate
a  motor  vehicle in this State has been suspended or revoked
for a second or subsequent time for a  violation  of  Section
11-501  or 11-501.1  of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or  Section
9-3  of  the  Criminal  Code  of  1961 and each suspension or
revocation was for a violation of Section 11-501 or  11-501.1
of this Code or a similar provision of a local ordinance or a
similar  out-of-state  offense or Section 9-3 of the Criminal
Code of 1961  shall  pay,  in  addition  to  any  other  fees
required by this Code, a reinstatement fee as follows:
    Summary suspension under Section 11-501.1............$250
    Revocation...........................................$250
    (c)  All  fees  collected  under  the  provisions of this
Chapter 6 shall be paid into  the  Road  Fund  in  the  State
Treasury except as follows:
         1. The  following  amounts  shall  be  paid into the
    Driver Education Fund:
              (A)  $16  of  the  $20  fee  for  an   original
         driver's instruction permit;
              (B)  $5 of the $10 fee for an original driver's
         license;
              (C)  $5  of  the  $10  fee for a 4 year renewal
         driver's license; and
              (D)  $4 of the $8 fee for a restricted  driving
         permit.
         2. $30 of the $60 fee for reinstatement of a license
    summarily  suspended  under  Section  11-501.1  shall  be
    deposited  into  the Drunk and Drugged Driving Prevention
    Fund.  However, for a person whose license  or  privilege
    to  operate  a  motor  vehicle  in  this  State  has been
    suspended or revoked for a second or subsequent time  for
    a violation of Section 11-501 or 11-501.1 of this Code or
    Section  9-3  of  the  Criminal Code of 1961, $190 of the
    $250  fee  for  reinstatement  of  a  license   summarily
    suspended  under  Section  11-501.1, and $190 of the $250
    fee for reinstatement  of  a  revoked  license  shall  be
    deposited  into  the Drunk and Drugged Driving Prevention
    Fund.
         3. $6  of  such  original  or  renewal  fee  for   a
    commercial  driver's  license  and  $6  of the commercial
    driver instruction permit fee when such permit is  issued
    to  any person holding a valid Illinois driver's license,
    shall be paid into the CDLIS/AAMVAnet Trust Fund.
         4.  The fee for reinstatement of a license suspended
    under the Family Financial Responsibility  Law  shall  be
    paid into the Family Responsibility Fund.
         5.  The  $5  fee for each original or renewal M or L
    endorsement shall  be  deposited  into  the  Cycle  Rider
    Safety Training Fund.
         6.  $20  of  any  original  or  renewal  fee  for  a
    commercial   driver's     license  or  commercial  driver
    instruction permit shall be paid into the  Motor  Carrier
    Safety Inspection Fund.
(Source:  P.A.  90-622,  eff.  3-1-99;  90-738,  eff. 1-1-99;
91-357, eff. 7-29-99; 91-537, eff. 8-13-99.)

    (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  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 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 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.  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  10  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.
         (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  under  this  Code  and
    sentencing  hearings hearing 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 hearing 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 either on paper  or  in
an  electronic format, in a form prescribed by the Secretary,
records of any  disposition  of  court  supervision  for  any
traffic violation, excluding those listed in paragraph (a)(2)
of  this Section, or 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 10 days after disposition, or,
if  the  driver  is  referred  to  a   driver   remedial   or
rehabilitative  program,  within  10  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.
(Source: P.A.  90-369,  eff.  1-1-98;  90-590,  eff.  1-1-99;
91-357, eff. 7-29-99; 91-716, eff. 10-1-00.)

    (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
    6-110;
         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.  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 0.08 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,  or  an
    intoxicating  compound  as   listed   in   the   use   of
    Intoxicating  Compounds  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;
         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;
         34.  Has  committed a violation of Section 11-1301.5
    of this Code;
         35.  Has committed a violation of Section  11-1301.6
    of this Code; or
         36.  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  before  he or she reached the age of 18
years 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.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
    Sec. 6-208.  Period of  Suspension  -  Application  After
Revocation.
    (a)  Except  as  otherwise  provided  by this Code or any
other law of this State, the Secretary  of  State  shall  not
suspend  a  driver's  license, permit or privilege to drive a
motor vehicle on the highways for a period of more  than  one
year.
    (b)  Any  person  whose  license,  permit or privilege to
drive a motor vehicle on the highways has been revoked  shall
not  be  entitled  to  have such license, permit or privilege
renewed or restored.  However, such  person  may,  except  as
provided   under   subsection  (d)  of  Section  6-205,  make
application for a license pursuant to Section  6-106  (i)  if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
         1.  Except as provided in subparagraphs 2, 3, and 4,
    the  person  may make application for a license after the
    expiration of one year from the  effective  date  of  the
    revocation  or,  in  the case of a violation of paragraph
    (b) of Section 11-401 of this Code or a similar provision
    of a local ordinance, after the  expiration  of  3  years
    from the effective date of the revocation or, in the case
    of  a  violation  of  Section 9-3 of the Criminal Code of
    1961 relating to the offense of reckless homicide,  after
    the  expiration of 2 years from the effective date of the
    revocation.
         2.  If such person  is  convicted  of  committing  a
    second violation within a 20 year period of:
              (A)  Section  11-501 of this Code, or a similar
         provision of a local ordinance; or
              (B)  Paragraph (b) of Section  11-401  of  this
         Code,  or  a similar provision of a local ordinance;
         or
              (C)  Section 9-3 of the Criminal Code of  1961,
         as  amended,  relating  to  the  offense of reckless
         homicide; or
              (D)  any  combination  of  the  above  offenses
         committed at different instances;
    then such person may not make application for  a  license
    until  after the expiration of 5 years from the effective
    date of the most recent revocation.  The 20  year  period
    shall  be  computed  by using the dates the offenses were
    committed and shall  also  include  similar  out-of-state
    offenses.
         3.  However,  except  as provided in subparagraph 4,
    if such person is convicted of  committing  a  third,  or
    subsequent,  violation  or  any  combination of the above
    offenses,  including   similar   out-of-state   offenses,
    contained  in  subparagraph  2,  then such person may not
    make application for a license until after the expiration
    of 10 years from the effective date of  the  most  recent
    revocation.
         4.  The  person  may  not  make  application  for  a
    license if the person is convicted of committing a fourth
    or subsequent violation of Section 11-501 of this Code or
    a  similar  provision of a local ordinance, paragraph (b)
    of Section 11-401  of  this  Code,  Section  9-3  of  the
    Criminal Code of 1961, or a combination of these offenses
    or  similar  provisions  of  local  ordinances or similar
    out-of-state  offenses  if  the  original  revocation  or
    suspension was for  a  violation  of  Section  11-501  or
    11-501.1  of  this Code or a similar provision of a local
    ordinance.
    Notwithstanding any other provision  of  this  Code,  all
persons  referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives  payment  of
the  required reinstatement fee pursuant to subsection (b) of
Section 6-118.
    In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation  of  such  person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(Source:  P.A.  90-543,  eff.  12-1-97;  90-738, eff. 1-1-99;
91-357, eff. 7-29-99.)

    (625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
    Sec. 7-604.  Verification of liability insurance policy.
    (a)  The Secretary of State may select random samples  of
registrations  of  motor vehicles subject to Section 7-601 of
this Code, or owners thereof, for the  purpose  of  verifying
whether or not the motor vehicles are insured.
    In  addition  to  such  general  random  samples of motor
vehicle  registrations,  the   Secretary   may   select   for
verification other random samples, including, but not limited
to registrations of motor vehicles owned by persons:
         (1)  whose  motor  vehicle  registrations during the
    preceding 4 years have been suspended pursuant to Section
    7-606 or 7-607 of this Code;
         (2)  who during the  preceding  4  years  have  been
    convicted  of  violating Section 3-707, 3-708 or 3-710 of
    this  Code  while  operating  vehicles  owned  by   other
    persons;
         (3)  whose  driving  privileges  have been suspended
    during the preceding 4 years;
         (4)  who  during  the  preceding  4  years  acquired
    ownership of motor vehicles while  the  registrations  of
    such  vehicles  under  the previous owners were suspended
    pursuant to Section 7-606 or 7-607 of this Code; or
         (5)  who during the preceding 4 years have  received
    a  disposition  of  supervision  under  subsection (c) of
    Section 5-6-1 of the Unified Code of  Corrections  for  a
    violation of Section 3-707, 3-708, or 3-710 of this Code.
    (b)  Upon  receiving certification from the Department of
Transportation under Section 7-201.2 of this Code of the name
of an owner or operator of any motor vehicle involved  in  an
accident, the Secretary may verify whether or not at the time
of the accident such motor vehicle was covered by a liability
insurance  policy  in  accordance  with Section 7-601 of this
Code.
    (c)  In preparation for selection of random  samples  and
their  verification,  the  Secretary  may  send  to owners of
randomly selected motor vehicles,  or  to  randomly  selected
motor  vehicle  owners,  requests for information about their
motor vehicles and liability insurance coverage.  The request
shall require the owner to state whether  or  not  the  motor
vehicle  was  insured  on the verification date stated in the
Secretary's request and the request may require, but  is  not
limited  to,  a  statement  by  the  owner  of  the names and
addresses of insurers, policy numbers, and  expiration  dates
of insurance coverage.
    (d)  Within  30 days after the Secretary mails a request,
the owner to whom it is  sent  shall  furnish  the  requested
information   to  the  Secretary  above  the  owner's  signed
affirmation that such information is true and correct.  Proof
of  insurance  in  effect  on  the  verification   date,   as
prescribed  by  the  Secretary,  may  be  considered  by  the
Secretary  to  be  a satisfactory response to the request for
information.
    Any owner  whose  response  indicates  that  his  or  her
vehicle  was  not  covered by a liability insurance policy in
accordance with Section 7-601 of this Code shall be deemed to
have registered or maintained registration of a motor vehicle
in violation of that Section. Any owner who fails to  respond
to  such  a  request  shall  be  deemed to have registered or
maintained registration of a motor vehicle  in  violation  of
Section 7-601 of this Code.
    (e)  If the owner responds to the request for information
by  asserting  that  his  or  her  vehicle  was  covered by a
liability insurance policy on the verification date stated in
the  Secretary's  request,  the  Secretary  may   conduct   a
verification   of   the   response  by  furnishing  necessary
information to  the  insurer  named  in  the  response.   The
insurer  shall within 45 30 days inform the Secretary whether
or not on the verification date stated the motor vehicle  was
insured  by  the  insurer in accordance with Section 7-601 of
this Code. The Secretary may by rule and regulation prescribe
the procedures for verification.
    (f)  No random sample selected under this  Section  shall
be  categorized  on  the basis of race, color, religion, sex,
national origin, ancestry, age, marital status,  physical  or
mental disability, economic status or geography.
(Source: P.A. 88-315; 88-685, eff. 1-24-95.)

    Section  10.  The  Unified Code of Corrections is amended
by changing Section 5-6-3.1 as follows:

    (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
    (a)  When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in  the
case until the conclusion of the period.
    (b)  The  period of supervision shall be reasonable under
all of the circumstances of the case, but may not  be  longer
than  2  years,  unless  the  defendant has failed to pay the
assessment required by Section 10.3 of the  Cannabis  Control
Act  or  Section  411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond  2
years.  Additionally,  the court shall order the defendant to
perform no less than 30 hours of community  service  and  not
more  than  120  hours  of  community  service,  if community
service is available in the jurisdiction and  is  funded  and
approved by the county board where the offense was committed,
when  the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated  by
the  defendant's  membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article  24  of
the  Criminal Code of 1961 where a disposition of supervision
is not prohibited  by  Section  5-6-1  of  this  Code.    The
community  service  shall include, but not be limited to, the
cleanup and repair of  any  damage  caused  by  violation  of
Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
damages to property located within the municipality or county
in  which  the  violation  occurred.   Where   possible   and
reasonable,  the community service should be performed in the
offender's neighborhood.
    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.
    (c)  The  court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the court require that
the person:
         (1)  make a report to and appear in person before or
    participate with the court or  such  courts,  person,  or
    social  service  agency  as  directed by the court in the
    order of supervision;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  refrain  from  possessing  a  firearm  or other
    dangerous weapon;
         (8)  and in addition, if a minor:
              (i)  reside with his parents  or  in  a  foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute  to his own support at home or
         in a foster home; and
         (9)  make restitution or reparation in an amount not
    to exceed actual loss or damage to property and pecuniary
    loss  or  make  restitution  under  Section  5-5-6  to  a
    domestic violence shelter.  The court shall determine the
    amount and conditions of payment;
         (10)  perform some reasonable  public  or  community
    service;
         (11)  comply  with  the  terms  and conditions of an
    order of protection issued by the court pursuant  to  the
    Illinois  Domestic  Violence  Act  of 1986 or an order of
    protection issued by the court of another  state,  tribe,
    or  United States territory. If the court has ordered the
    defendant to make a report and  appear  in  person  under
    paragraph  (1) of this subsection, a copy of the order of
    protection shall be transmitted to the person  or  agency
    so designated by the court;
         (12)  reimburse  any  "local  anti-crime program" as
    defined in Section 7 of the Anti-Crime  Advisory  Council
    Act  for  any reasonable expenses incurred by the program
    on the offender's case, not to exceed the maximum  amount
    of  the  fine  authorized  for  the offense for which the
    defendant was sentenced;
         (13)  contribute a reasonable sum of money,  not  to
    exceed  the maximum amount of the fine authorized for the
    offense for which  the  defendant  was  sentenced,  to  a
    "local  anti-crime  program",  as defined in Section 7 of
    the Anti-Crime Advisory Council Act;
         (14)  refrain  from  entering  into   a   designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation officer;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types  of person, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain from having in his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;
         (17)  refrain  from  operating any motor vehicle not
    equipped with an ignition interlock device as defined  in
    Section 1-129.1 of the Illinois Vehicle Code.  Under this
    condition  the  court  may  allow  a defendant who is not
    self-employed  to  operate  a  vehicle   owned   by   the
    defendant's   employer  that  is  not  equipped  with  an
    ignition interlock device in the course and scope of  the
    defendant's employment.
    (d)  The  court  shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e)  At the conclusion of the period of  supervision,  if
the  court  determines  that  the  defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
    (f)  Discharge and dismissal upon a successful conclusion
of a disposition  of  supervision  shall  be  deemed  without
adjudication  of  guilt  and shall not be termed a conviction
for purposes of disqualification or disabilities  imposed  by
law  upon  conviction  of  a  crime.   Two  years  after  the
discharge  and  dismissal  under  this  Section,  unless  the
disposition  of  supervision  was for a violation of Sections
3-707, 3-708, 3-710,  5-401.3,  or  11-503  of  the  Illinois
Vehicle  Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of  the  Criminal
Code  of  1961,  in  which  case  it  shall  be 5 years after
discharge and dismissal, a person  may  have  his  record  of
arrest  sealed  or  expunged  as  may  be  provided  by  law.
However,  any  defendant placed on supervision before January
1, 1980, may move for sealing or expungement  of  his  arrest
record,  as  provided by law, at any time after discharge and
dismissal under this Section. A person placed on  supervision
for  a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of  the  Criminal  Identification
Act  or  for  a  violation  of Section 11-501 of the Illinois
Vehicle Code or a similar  provision  of  a  local  ordinance
shall  not  have  his  or  her  record  of  arrest  sealed or
expunged.
    (g)  A defendant placed on supervision and who during the
period of supervision undergoes  mandatory  drug  or  alcohol
testing,  or both, or is assigned to be placed on an approved
electronic monitoring device, shall be  ordered  to  pay  the
costs  incidental  to such mandatory drug or alcohol testing,
or both, and costs incidental  to  such  approved  electronic
monitoring  in accordance with the defendant's ability to pay
those costs. The county board with  the  concurrence  of  the
Chief  Judge  of  the judicial circuit in which the county is
located shall establish  reasonable  fees  for  the  cost  of
maintenance,  testing, and incidental expenses related to the
mandatory drug or alcohol testing, or  both,  and  all  costs
incidental   to   approved   electronic  monitoring,  of  all
defendants placed on supervision.   The  concurrence  of  the
Chief  Judge shall be in the form of an administrative order.
The fees shall be collected  by  the  clerk  of  the  circuit
court.   The  clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer  who  shall
use the moneys collected to defray the costs of drug testing,
alcohol   testing,  and  electronic  monitoring.  The  county
treasurer shall deposit the  fees  collected  in  the  county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h)  A  disposition  of  supervision is a final order for
the purposes of appeal.
    (i)  The court shall impose upon a  defendant  placed  on
supervision   after  January  1,  1992,  as  a  condition  of
supervision, a fee of  $25  for  each  month  of  supervision
ordered  by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on  a
minor  who  is  made  a  ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement.   The  fee
shall  be  imposed  only  upon  a  defendant  who is actively
supervised by the probation and  court  services  department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from  this  fee  to  the  county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (k)  A  defendant  at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000  or
more inhabitants and who has not been previously convicted of
a  misdemeanor  or  felony  may  as a condition of his or her
supervision be required by the court  to  attend  educational
courses  designed  to prepare the defendant for a high school
diploma and to work toward a high school diploma or  to  work
toward   passing  the  high  school  level  Test  of  General
Educational Development (GED) or to work toward completing  a
vocational  training  program  approved  by  the  court.  The
defendant  placed  on  supervision  must  attend   a   public
institution   of  education  to  obtain  the  educational  or
vocational training required by  this  subsection  (k).   The
defendant  placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee  is
charged  for  those  courses or test.  The court shall revoke
the supervision of a person who wilfully fails to comply with
this  subsection  (k).   The  court  shall   resentence   the
defendant  upon  revocation  of  supervision  as  provided in
Section 5-6-4.  This subsection  (k)  does  not  apply  to  a
defendant  who  has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to  a
defendant   who   is   determined   by   the   court   to  be
developmentally disabled or otherwise mentally  incapable  of
completing the educational or vocational program.
    (l)   The  court  shall  require  a  defendant  placed on
supervision for possession of a substance prohibited  by  the
Cannabis  Control  Act  or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis  Control
Act  or  Illinois  Controlled Substances Act or a sentence of
probation under Section 10 of the  Cannabis  Control  Act  or
Section  410  of  the  Illinois Controlled Substances Act and
after a finding by the court that the person is addicted,  to
undergo  treatment  at  a substance abuse program approved by
the court.
    (m)  The Secretary of State court shall require anyone  a
defendant  placed  on  court  supervision  for a violation of
Section 3-707 of the  Illinois  Vehicle  Code  or  a  similar
provision   of   a   local   ordinance,  as  a  condition  of
supervision,  to  give  proof  of  his   or   her   financial
responsibility  as  defined  in Section 7-315 of the Illinois
Vehicle  Code.   The  proof  shall  be  maintained   by   the
individual   defendant   in  a  manner  satisfactory  to  the
Secretary of State for a minimum period of one year after the
date the proof is first filed.  The proof shall be limited to
a single action per arrest and may not  be  affected  by  any
post-sentence  disposition.     The  Secretary of State shall
suspend the driver's license of any person determined by  the
Secretary to be in violation of this subsection.
(Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784,  eff.
1-1-99;  91-127,  eff.  1-1-00; 91-696, eff. 4-13-00; 91-903,
eff. 1-1-01.)
    (625 ILCS 5/6-205.1 rep.)
    Section 15.  The Illinois  Vehicle  Code  is  amended  by
repealing Section 6-205.1.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 31, 2001.
    Approved August 22, 2001.
    Effective August 22, 2001.

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