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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summary suspension rescinded.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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