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Sen. Omar Aquino
Filed: 5/23/2018
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| 1 | | AMENDMENT TO SENATE BILL 2411
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2411 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 1. This Act may be referred to as the License to |
| 5 | | Work Act.
|
| 6 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 7 | | Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-306.5, and |
| 8 | | 11-208.3 and by adding Sections 6-209.1 and 11-208.3a as |
| 9 | | follows:
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| 10 | | (625 ILCS 5/3-704.2)
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| 11 | | Sec. 3-704.2.
Failure to satisfy fines or penalties for |
| 12 | | toll violations or
evasions; suspension of vehicle |
| 13 | | registration.
|
| 14 | | (a) Upon receipt of a certified report, as prescribed by |
| 15 | | subsection (c) of
this Section, from the Authority stating that |
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| 1 | | the owner of a registered vehicle
has failed to satisfy any |
| 2 | | fine or penalty resulting from a final order issued
by the |
| 3 | | Authority relating directly or indirectly to 5 or more toll |
| 4 | | violations,
toll evasions, or both, the Secretary of State |
| 5 | | shall suspend
the vehicle registration of the person in
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| 6 | | accordance with the procedures set forth in this Section.
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| 7 | | (b) Following receipt of the certified report of the |
| 8 | | Authority as specified
in the Section, the Secretary of State |
| 9 | | shall notify the person whose name
appears on the certified |
| 10 | | report that the person's vehicle
registration will be suspended |
| 11 | | at the end of a specified period
unless the Secretary of State |
| 12 | | is presented with a notice from the
Authority certifying that |
| 13 | | the fines or penalties owing the Authority have been
satisfied |
| 14 | | or that inclusion of that person's name on the certified report |
| 15 | | was
in error. The Secretary's notice shall state in substance |
| 16 | | the information
contained in the Authority's certified report |
| 17 | | to the Secretary, and shall be
effective as specified by |
| 18 | | subsection (c) of Section 6-211 of this Code.
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| 19 | | (c) The report from the Authority notifying the Secretary |
| 20 | | of unsatisfied
fines
or penalties pursuant to this Section |
| 21 | | shall be certified and shall contain the
following:
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| 22 | | (1) The name, last known address, and driver's license |
| 23 | | number of the
person
who failed to satisfy the fines or |
| 24 | | penalties and the registration number of any
vehicle known |
| 25 | | to be registered in this State to that person.
|
| 26 | | (2) A statement that the Authority sent a notice of |
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| 1 | | impending suspension
of the person's driver's
license, |
| 2 | | vehicle registration,
or both, as prescribed by rules |
| 3 | | enacted pursuant to subsection (a-5) of
Section
10 of the |
| 4 | | Toll Highway Act, to the person named in the report at the
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| 5 | | address recorded with the Secretary of State; the date on |
| 6 | | which the notice was
sent; and the address to which the |
| 7 | | notice was sent.
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| 8 | | (d) The Authority, after making a certified report to the |
| 9 | | Secretary
pursuant to this Section, shall notify the Secretary, |
| 10 | | on a form prescribed by
the Secretary, whenever a person named |
| 11 | | in the certified report has satisfied
the previously reported |
| 12 | | fines or penalties or whenever the Authority determines
that |
| 13 | | the original report was in error. A certified copy of the |
| 14 | | notification
shall also be given upon request and at no |
| 15 | | additional charge to the person
named therein. Upon receipt of |
| 16 | | the Authority's notification or presentation of
a certified |
| 17 | | copy of the notification, the Secretary shall terminate
the |
| 18 | | suspension.
|
| 19 | | (e) The Authority shall, by rule, establish procedures for |
| 20 | | persons to
challenge the accuracy of the certified report made |
| 21 | | pursuant to this Section.
The
rule shall also provide the |
| 22 | | grounds for a challenge, which may be
limited to:
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| 23 | | (1) the person not having been the owner or lessee of |
| 24 | | the vehicle
or
vehicles receiving 5 or more toll violation |
| 25 | | or toll evasion notices on the date
or dates the notices |
| 26 | | were issued; or
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| 1 | | (2) the person having already satisfied
the fines or |
| 2 | | penalties for the 5 or more toll violations or toll |
| 3 | | evasions
indicated on the certified report.
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| 4 | | (f) All notices sent by the Authority to persons involved |
| 5 | | in administrative
adjudications, hearings, and final orders |
| 6 | | issued pursuant to rules
implementing subsection (a-5) of |
| 7 | | Section 10 of the Toll Highway Act shall state, in clear and |
| 8 | | unambiguous language, the consequences of
that failure
to |
| 9 | | satisfy any fine or penalty imposed by the Authority shall |
| 10 | | result in the
Secretary of State suspending the driving |
| 11 | | privileges, vehicle registration,
or both, of the person |
| 12 | | failing to satisfy the fines or penalties imposed by the
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| 13 | | Authority.
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| 14 | | (g) A person may request an administrative hearing to |
| 15 | | contest an impending
suspension or a
suspension made
pursuant |
| 16 | | to this Section upon filing a written request with the
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| 17 | | Secretary. The filing fee for this hearing is $20, to be paid
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| 18 | | at the time of the request. The Authority shall reimburse the |
| 19 | | Secretary
for all reasonable costs incurred by the Secretary as |
| 20 | | a result of the
filing of a certified report pursuant to this |
| 21 | | Section, including, but not
limited to, the costs of providing |
| 22 | | notice required pursuant to subsection (b)
and the costs |
| 23 | | incurred
by the Secretary in any hearing conducted with respect |
| 24 | | to the report pursuant
to this subsection and any appeal from |
| 25 | | that hearing.
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| 26 | | (h) The Secretary and the Authority may promulgate rules to |
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| 1 | | enable
them to carry out their duties under this Section.
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| 2 | | (i) The Authority shall cooperate with the Secretary in the
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| 3 | | administration of this Section and shall provide the Secretary |
| 4 | | with any
information the Secretary may deem necessary for these |
| 5 | | purposes, including
regular and timely access to toll violation |
| 6 | | enforcement records.
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| 7 | | The Secretary shall cooperate with the Authority in the
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| 8 | | administration of this Section and shall provide the Authority |
| 9 | | with any
information the Authority may deem necessary for the |
| 10 | | purposes of this Section,
including regular and timely access |
| 11 | | to vehicle registration records. Section
2-123 of this Code |
| 12 | | shall not apply to the provision of this information, but
the |
| 13 | | Secretary shall be reimbursed for the cost of providing this |
| 14 | | information.
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| 15 | | (j) For purposes of this Section, the term "Authority" |
| 16 | | means the
Illinois State Toll Highway Authority.
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| 17 | | (Source: P.A. 91-277, eff. 1-1-00.)
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| 18 | | (625 ILCS 5/6-201)
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| 19 | | Sec. 6-201. Authority to cancel licenses and permits.
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| 20 | | (a) The Secretary of State is authorized to cancel any |
| 21 | | license or permit
upon determining that the holder thereof:
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| 22 | | 1. was not entitled to the issuance thereof hereunder; |
| 23 | | or
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| 24 | | 2. failed to give the required or correct information |
| 25 | | in his
application; or
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| 1 | | 3. failed to pay any fees owed to the Secretary of |
| 2 | | State under this Code for the license or permit , civil |
| 3 | | penalties owed to the Illinois Commerce
Commission, or |
| 4 | | taxes due under this Act and upon reasonable notice and |
| 5 | | demand;
or
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| 6 | | 4. committed any fraud in the making of such |
| 7 | | application; or
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| 8 | | 5. is ineligible therefor under the provisions of |
| 9 | | Section 6-103 of this
Act, as amended; or
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| 10 | | 6. has refused or neglected to submit an alcohol, drug, |
| 11 | | and
intoxicating compound evaluation or to
submit to |
| 12 | | examination or reexamination re-examination as required |
| 13 | | under this Code Act; or
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| 14 | | 7. has been convicted of violating the Cannabis Control |
| 15 | | Act,
the
Illinois Controlled Substances Act, the |
| 16 | | Methamphetamine Control and Community Protection Act, or |
| 17 | | the Use of Intoxicating Compounds
Act while that individual |
| 18 | | was in actual physical
control of a motor vehicle. For |
| 19 | | purposes of this Section, any person placed on
probation |
| 20 | | under Section 10 of the Cannabis Control Act, Section 410 |
| 21 | | of the
Illinois Controlled Substances Act, or Section 70 of |
| 22 | | the Methamphetamine Control and Community Protection Act |
| 23 | | shall not be considered convicted. Any
person found guilty |
| 24 | | of this offense, while in actual physical control of a
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| 25 | | motor vehicle, shall have an entry made in the court record |
| 26 | | by the
judge that this offense did occur while the person |
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| 1 | | was in actual
physical control of a motor vehicle and order |
| 2 | | the clerk of the court to report
the violation to the |
| 3 | | Secretary of State as such. After the cancellation, the
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| 4 | | Secretary of State shall not issue a new license or permit |
| 5 | | for a period of one
year after the date of cancellation. |
| 6 | | However, upon application, the Secretary
of State may, if |
| 7 | | satisfied that the person applying will not endanger the
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| 8 | | public safety, or welfare, issue a restricted driving |
| 9 | | permit granting the
privilege of driving a motor vehicle |
| 10 | | between the petitioner's residence and
petitioner's place |
| 11 | | of employment or within the scope of the petitioner's |
| 12 | | employment
related duties, or to allow transportation for
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| 13 | | the petitioner or a household member of the petitioner's |
| 14 | | family for the receipt of
necessary medical care, or |
| 15 | | provide transportation for the petitioner to and from |
| 16 | | alcohol or drug remedial or
rehabilitative activity |
| 17 | | recommended by a licensed service provider, or for the |
| 18 | | petitioner to attend classes, as a student,
in an |
| 19 | | accredited educational institution. The petitioner must
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| 20 | | demonstrate that no alternative means of transportation is |
| 21 | | reasonably
available; provided that the Secretary's |
| 22 | | discretion shall be limited to
cases where undue hardship, |
| 23 | | as defined by the rules of the Secretary of State, would |
| 24 | | result from a failure to issue such
restricted driving |
| 25 | | permit. In each case the Secretary of State may issue
such |
| 26 | | restricted driving permit for such period as he deems |
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| 1 | | appropriate,
except that such permit shall expire within |
| 2 | | one year from the date of
issuance. A restricted driving |
| 3 | | permit issued hereunder shall be subject to
cancellation, |
| 4 | | revocation, and suspension by the Secretary of State in |
| 5 | | like
manner and for like cause as a driver's license issued |
| 6 | | hereunder may be
cancelled, revoked or suspended; except |
| 7 | | that a conviction upon one or more
offenses against laws or |
| 8 | | ordinances regulating the movement of traffic
shall be |
| 9 | | deemed sufficient cause for the revocation, suspension or
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| 10 | | cancellation of a restricted driving permit. The Secretary |
| 11 | | of State may,
as a condition to the issuance of a |
| 12 | | restricted driving permit, require the
applicant to |
| 13 | | participate in a driver remedial or rehabilitative
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| 14 | | program. In accordance with 49 C.F.R. 384, the Secretary of |
| 15 | | State may not issue a restricted driving permit for the |
| 16 | | operation of a commercial motor vehicle to a person holding |
| 17 | | a CDL whose driving privileges have been revoked, |
| 18 | | suspended, cancelled, or disqualified under this Code; or
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| 19 | | 8. failed to submit a report as required by Section |
| 20 | | 6-116.5 of this
Code; or
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| 21 | | 9. has been convicted of a sex offense as defined in |
| 22 | | the Sex Offender Registration Act. The driver's license |
| 23 | | shall remain cancelled until the driver registers as a sex |
| 24 | | offender as required by the Sex Offender Registration Act, |
| 25 | | proof of the registration is furnished to the Secretary of |
| 26 | | State and the sex offender provides proof of current |
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| 1 | | address to the Secretary; or
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| 2 | | 10. is ineligible for a license or permit under Section |
| 3 | | 6-107, 6-107.1, or
6-108 of this Code; or
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| 4 | | 11. refused or neglected to appear at a Driver Services |
| 5 | | facility to have the license or permit corrected and a new |
| 6 | | license or permit issued or to present documentation for |
| 7 | | verification of identity; or
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| 8 | | 12. failed to submit a medical examiner's certificate |
| 9 | | or medical variance as required by 49 C.F.R. 383.71 or |
| 10 | | submitted a fraudulent medical examiner's certificate or |
| 11 | | medical variance; or |
| 12 | | 13. has had his or her medical examiner's certificate, |
| 13 | | medical variance, or both removed or rescinded by the |
| 14 | | Federal Motor Carrier Safety Administration; or |
| 15 | | 14. failed to self-certify as to the type of driving in |
| 16 | | which the CDL driver engages or expects to engage; or |
| 17 | | 15. has submitted acceptable documentation indicating |
| 18 | | out-of-state residency to the Secretary of State to be |
| 19 | | released from the requirement of showing proof of financial |
| 20 | | responsibility in this State; or |
| 21 | | 16. was convicted of fraud relating to the testing or |
| 22 | | issuance of a CDL or CLP, in which case only the CDL or CLP |
| 23 | | shall be cancelled. After cancellation, the Secretary |
| 24 | | shall not issue a CLP or CDL for a period of one year from |
| 25 | | the date of cancellation; or |
| 26 | | 17. has a special restricted license under subsection |
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| 1 | | (g) of Section 6-113 of this Code and failed to submit the |
| 2 | | required annual vision specialist report that the special |
| 3 | | restricted license holder's vision has not changed; or |
| 4 | | 18. has a special restricted license under subsection |
| 5 | | (g) of Section 6-113 of this Code and was convicted or |
| 6 | | received court supervision for a violation of this Code |
| 7 | | that occurred during nighttime hours or was involved in a |
| 8 | | motor vehicle accident during nighttime hours in which the |
| 9 | | restricted license holder was at fault; or |
| 10 | | 19. has assisted an out-of-state resident in acquiring |
| 11 | | an Illinois driver's license or identification card by |
| 12 | | providing or allowing the out-of-state resident to use his |
| 13 | | or her Illinois address of residence and is complicit in |
| 14 | | distributing and forwarding the Illinois driver's license |
| 15 | | or identification card to the out-of-state resident. |
| 16 | | (b) Upon such cancellation the licensee or permittee must |
| 17 | | surrender the
license or permit so cancelled to the Secretary |
| 18 | | of State.
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| 19 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the |
| 20 | | Secretary of State
shall have exclusive authority to grant, |
| 21 | | issue, deny, cancel, suspend and
revoke driving privileges, |
| 22 | | drivers' licenses and restricted driving permits.
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| 23 | | (d) The Secretary of State may adopt rules to implement |
| 24 | | this Section.
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| 25 | | (Source: P.A. 100-409, eff. 8-25-17.)
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| 1 | | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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| 2 | | Sec. 6-204. When court to forward license and reports.
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| 3 | | (a) For the purpose of providing to the Secretary of State |
| 4 | | the records
essential to the performance of the Secretary's |
| 5 | | duties under this Code to
cancel, revoke or suspend the |
| 6 | | driver's license and privilege to drive motor
vehicles of |
| 7 | | certain minors adjudicated truant minors in need of |
| 8 | | supervision,
addicted, or delinquent and of persons
found |
| 9 | | guilty of the criminal offenses or traffic violations
which |
| 10 | | this Code recognizes as evidence relating to unfitness to |
| 11 | | safely operate
motor vehicles, the following duties are imposed |
| 12 | | upon public officials:
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| 13 | | (1) Whenever any person is convicted of any offense for |
| 14 | | which
this
Code makes mandatory the cancellation or |
| 15 | | revocation of the driver's
license or permit of such person |
| 16 | | by the Secretary of State, the judge of the
court in which |
| 17 | | such conviction is had shall require the surrender to the |
| 18 | | clerk
of the court of all driver's licenses or permits then |
| 19 | | held by the person so
convicted, and the clerk of the court |
| 20 | | shall, within 5 days thereafter, forward
the same, together |
| 21 | | with a report of such conviction, to the Secretary.
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| 22 | | (2) Whenever any person is convicted of any offense |
| 23 | | under this
Code or
similar offenses under a municipal |
| 24 | | ordinance, other than regulations
governing standing, |
| 25 | | parking or weights of vehicles, and excepting the
following |
| 26 | | enumerated Sections of this Code: Sections 11-1406 |
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| 1 | | (obstruction
to driver's view or control), 11-1407 |
| 2 | | (improper opening of door into
traffic), 11-1410 (coasting |
| 3 | | on downgrade), 11-1411 (following fire
apparatus), |
| 4 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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| 5 | | vehicle which is in unsafe condition or improperly |
| 6 | | equipped), 12-201(a)
(daytime lights on motorcycles), |
| 7 | | 12-202 (clearance, identification and
side marker lamps), |
| 8 | | 12-204 (lamp or flag on projecting load), 12-205
(failure |
| 9 | | to display the safety lights required), 12-401 |
| 10 | | (restrictions as
to tire equipment), 12-502 (mirrors), |
| 11 | | 12-503 (windshields must be
unobstructed and equipped with |
| 12 | | wipers), 12-601 (horns and warning
devices), 12-602 |
| 13 | | (mufflers, prevention of noise or smoke), 12-603 (seat
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| 14 | | safety belts), 12-702 (certain vehicles to carry flares or |
| 15 | | other warning
devices), 12-703 (vehicles for oiling roads |
| 16 | | operated on highways),
12-710 (splash guards and |
| 17 | | replacements), 13-101 (safety tests), 15-101
(size, weight |
| 18 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
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| 19 | | and address on second division vehicles), 15-107 (length of |
| 20 | | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
| 21 | | 15-112 (weights), 15-301
(weights), 15-316 (weights), |
| 22 | | 15-318 (weights), and also excepting the following
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| 23 | | enumerated Sections of the Chicago Municipal Code: |
| 24 | | Sections 27-245 (following
fire apparatus), 27-254 |
| 25 | | (obstruction of traffic), 27-258 (driving vehicle which
is |
| 26 | | in unsafe condition), 27-259 (coasting on downgrade), |
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| 1 | | 27-264 (use of horns
and signal devices), 27-265 |
| 2 | | (obstruction to driver's view or driver mechanism),
27-267 |
| 3 | | (dimming of headlights), 27-268 (unattended motor |
| 4 | | vehicle), 27-272
(illegal funeral procession), 27-273 |
| 5 | | (funeral procession on boulevard), 27-275
(driving freight |
| 6 | | hauling vehicles on boulevard), 27-276 (stopping and |
| 7 | | standing
of buses or taxicabs), 27-277 (cruising of public |
| 8 | | passenger vehicles), 27-305
(parallel parking), 27-306 |
| 9 | | (diagonal parking), 27-307 (parking not to obstruct
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| 10 | | traffic), 27-308 (stopping, standing or parking |
| 11 | | regulated), 27-311 (parking
regulations), 27-312 (parking |
| 12 | | regulations), 27-313 (parking regulations),
27-314 |
| 13 | | (parking regulations), 27-315 (parking regulations), |
| 14 | | 27-316 (parking
regulations), 27-317 (parking |
| 15 | | regulations), 27-318 (parking regulations),
27-319 |
| 16 | | (parking regulations), 27-320 (parking regulations), |
| 17 | | 27-321 (parking
regulations), 27-322 (parking |
| 18 | | regulations), 27-324 (loading and
unloading at an angle), |
| 19 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
| 20 | | the downtown district), 27-335 (load restrictions in
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| 21 | | residential areas), 27-338 (width of vehicles), 27-339 |
| 22 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 |
| 23 | | (reflectors on trailers),
27-353 (mufflers), 27-354 |
| 24 | | (display of plates), 27-355 (display of city
vehicle tax |
| 25 | | sticker), 27-357 (identification of vehicles), 27-358
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| 26 | | (projecting of loads), and also excepting the following |
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| 1 | | enumerated
paragraphs of Section 2-201 of the Rules and |
| 2 | | Regulations of the Illinois
State Toll Highway Authority: |
| 3 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
| 4 | | transporting dangerous cargo not properly indicated), it
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| 5 | | shall be the duty of the clerk of the court in which such |
| 6 | | conviction is
had within 5 days thereafter to forward to |
| 7 | | the Secretary of State a report of
the conviction and the |
| 8 | | court may recommend the suspension of the driver's
license |
| 9 | | or permit of the person so convicted.
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| 10 | | The reporting requirements of this subsection shall |
| 11 | | apply to all
violations stated in paragraphs (1) and (2) of |
| 12 | | this
subsection when the
individual has been adjudicated |
| 13 | | under the Juvenile Court Act or the
Juvenile Court Act of |
| 14 | | 1987. Such reporting requirements shall also apply to
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| 15 | | individuals adjudicated under the Juvenile Court Act or the |
| 16 | | Juvenile Court Act
of 1987 who have committed a violation |
| 17 | | of Section 11-501 of this Code, or
similar provision of a |
| 18 | | local ordinance, or Section 9-3 of the Criminal Code
of |
| 19 | | 1961 or the Criminal Code of 2012, relating to the offense |
| 20 | | of reckless homicide, or Section 5-7 of the Snowmobile |
| 21 | | Registration and Safety Act or Section 5-16 of the Boat |
| 22 | | Registration and Safety Act, relating to the offense of |
| 23 | | operating a snowmobile or a watercraft while under the |
| 24 | | influence of alcohol, other drug or drugs, intoxicating |
| 25 | | compound or compounds, or combination thereof.
These |
| 26 | | reporting requirements also apply to individuals |
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| 1 | | adjudicated under the Juvenile Court Act of 1987 based on |
| 2 | | any offense determined to have been committed in |
| 3 | | furtherance of the criminal activities of an organized |
| 4 | | gang, as provided in Section 5-710 of that Act, if those |
| 5 | | activities and that involved the operation or use of a |
| 6 | | motor vehicle or the use of a driver's license or permit. |
| 7 | | The reporting requirements of this subsection shall also |
| 8 | | apply to
a truant minor in need of supervision, an addicted
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| 9 | | minor, or a delinquent minor and whose driver's license and |
| 10 | | privilege to
drive a motor vehicle has been ordered |
| 11 | | suspended for such times as determined
by the court, but |
| 12 | | only until he or she attains
18 years of age. It shall be |
| 13 | | the duty of the clerk of the court in which
adjudication is |
| 14 | | had within 5 days thereafter to forward to the Secretary of
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| 15 | | State a report of the adjudication and the court order |
| 16 | | requiring the Secretary
of State to suspend the minor's |
| 17 | | driver's license and driving privilege for such
time as |
| 18 | | determined by the court, but only until he or she attains |
| 19 | | the age of 18
years. All juvenile court dispositions |
| 20 | | reported to the Secretary of State
under this provision |
| 21 | | shall be processed by the Secretary of State as if the
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| 22 | | cases had been adjudicated in traffic or criminal court. |
| 23 | | However, information
reported relative to the offense of |
| 24 | | reckless homicide, or Section 11-501 of
this Code, or a |
| 25 | | similar provision of a local ordinance, shall be privileged
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| 26 | | and available only to the Secretary of State, courts, and |
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| 1 | | police officers.
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| 2 | | The reporting requirements of this subsection (a) |
| 3 | | apply to all violations listed in paragraphs (1) and (2) of |
| 4 | | this subsection (a), excluding parking violations, when |
| 5 | | the driver holds a CLP or CDL, regardless of the type of |
| 6 | | vehicle in which the violation occurred, or when any driver |
| 7 | | committed the violation in a commercial motor vehicle as |
| 8 | | defined in Section 6-500 of this Code.
|
| 9 | | (3) Whenever an order is entered vacating the |
| 10 | | forfeiture of any
bail,
security or bond given to secure |
| 11 | | appearance for any offense under this
Code or similar |
| 12 | | offenses under municipal ordinance, it shall be the duty
of |
| 13 | | the clerk of the court in which such vacation was had or |
| 14 | | the judge of
such court if such court has no clerk, within |
| 15 | | 5 days thereafter to
forward to the Secretary of State a |
| 16 | | report of the vacation.
|
| 17 | | (4) A report of any disposition of court supervision |
| 18 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a |
| 19 | | similar provision of a local ordinance,
11-503, 11-504, and |
| 20 | | 11-506 of this Code, Section 5-7 of the Snowmobile |
| 21 | | Registration and Safety Act, and Section 5-16 of the Boat |
| 22 | | Registration and Safety Act shall be forwarded to the |
| 23 | | Secretary of State.
A report of any disposition of court |
| 24 | | supervision for a violation of an offense
defined as a |
| 25 | | serious traffic violation in this Code or a similar |
| 26 | | provision of a
local ordinance committed by a person under |
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| 1 | | the age of 21 years shall be
forwarded to the Secretary of |
| 2 | | State.
|
| 3 | | (5) Reports of conviction
under this Code
and |
| 4 | | sentencing hearings under the
Juvenile Court
Act of 1987 in |
| 5 | | an electronic format
or a computer processable processible |
| 6 | | medium
shall
be
forwarded to the Secretary of State via the |
| 7 | | Supreme Court in the form and
format required by the |
| 8 | | Illinois Supreme Court and established by a written
|
| 9 | | agreement between the Supreme Court and the Secretary of |
| 10 | | State.
In counties with a population over 300,000, instead |
| 11 | | of forwarding reports to
the Supreme Court, reports of |
| 12 | | conviction
under this Code
and sentencing hearings under |
| 13 | | the
Juvenile Court Act of 1987 in an electronic format
or a |
| 14 | | computer processable processible medium
may
be forwarded |
| 15 | | to the Secretary of State by the Circuit Court Clerk in a |
| 16 | | form and
format required by the Secretary of State and |
| 17 | | established by written agreement
between the Circuit Court |
| 18 | | Clerk and the Secretary of State. Failure to
forward the |
| 19 | | reports of conviction or sentencing hearing under the |
| 20 | | Juvenile
Court Act of 1987 as required by this Section |
| 21 | | shall be
deemed an omission of duty and it shall be the |
| 22 | | duty of the several State's
Attorneys to enforce the |
| 23 | | requirements of this Section.
|
| 24 | | (b) Whenever a restricted driving permit is forwarded to a |
| 25 | | court, as a
result of confiscation by a police officer pursuant |
| 26 | | to the authority in
Section 6-113(f), it shall be the duty of |
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| 1 | | the clerk, or judge, if the court
has no clerk, to forward such |
| 2 | | restricted driving permit and a facsimile of
the officer's |
| 3 | | citation to the Secretary of State as expeditiously as
|
| 4 | | practicable.
|
| 5 | | (c) For the purposes of this Code, a forfeiture of bail or |
| 6 | | collateral
deposited to secure a defendant's appearance in |
| 7 | | court when forfeiture
has not been vacated, or the failure of a |
| 8 | | defendant to appear for trial
after depositing his driver's |
| 9 | | license in lieu of other bail, shall be
equivalent to a |
| 10 | | conviction.
|
| 11 | | (d) For the purpose of providing the Secretary of State |
| 12 | | with records
necessary to properly monitor and assess driver |
| 13 | | performance and assist the
courts in the proper disposition of |
| 14 | | repeat traffic law offenders, the clerk
of the court shall |
| 15 | | forward to the Secretary of State,
on a form prescribed
by the |
| 16 | | Secretary, records of a driver's participation in a driver |
| 17 | | remedial
or rehabilitative program which was required, through |
| 18 | | a court order or court
supervision, in relation to the driver's |
| 19 | | arrest for a violation of Section
11-501 of this Code or a |
| 20 | | similar provision of a local ordinance.
The clerk of the court |
| 21 | | shall also forward to the Secretary, either on
paper or in an |
| 22 | | electronic format or a computer processable processible medium |
| 23 | | as required
under paragraph (5) of subsection (a) of this |
| 24 | | Section, any disposition
of court supervision for any traffic |
| 25 | | violation,
excluding those offenses listed in paragraph (2)
of |
| 26 | | subsection (a) of this Section.
These reports
shall be sent |
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| 1 | | within 5
days after disposition, or, if
the driver is
referred |
| 2 | | to a driver
remedial or rehabilitative program, within 5 days |
| 3 | | of the driver's referral
to that program.
These reports |
| 4 | | received by the Secretary of State, including those required to
|
| 5 | | be forwarded under paragraph (a)(4), shall be privileged |
| 6 | | information, available
only (i) to the affected driver, (ii) to |
| 7 | | the parent or guardian of a person under the age of 18 years |
| 8 | | holding an instruction permit or a graduated driver's license, |
| 9 | | and (iii) for use by the courts, police
officers, prosecuting |
| 10 | | authorities, the Secretary of State, and the driver licensing |
| 11 | | administrator of any other state. In accordance with 49 C.F.R. |
| 12 | | Part 384, all reports of court supervision, except violations |
| 13 | | related to parking, shall be forwarded to the Secretary of |
| 14 | | State for all holders of a CLP or CDL or any driver who commits |
| 15 | | an offense while driving a commercial motor vehicle. These |
| 16 | | reports shall be recorded to the driver's record as a |
| 17 | | conviction for use in the disqualification of the driver's |
| 18 | | commercial motor vehicle privileges and shall not be privileged |
| 19 | | information.
|
| 20 | | (Source: P.A. 100-74, eff. 8-11-17.)
|
| 21 | | (625 ILCS 5/6-205)
|
| 22 | | Sec. 6-205. Mandatory revocation of license or permit; |
| 23 | | hardship cases.
|
| 24 | | (a) Except as provided in this Section, the Secretary of |
| 25 | | State shall
immediately revoke the license, permit, or driving |
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| 1 | | privileges of
any driver upon receiving a
report of the |
| 2 | | driver's conviction of any of the following offenses:
|
| 3 | | 1. Reckless homicide resulting from the operation of a |
| 4 | | motor vehicle;
|
| 5 | | 2. Violation of Section 11-501 of this Code or a |
| 6 | | similar provision of
a local ordinance relating to the |
| 7 | | offense of operating or being in physical
control of a |
| 8 | | vehicle while under the influence of alcohol, other drug or
|
| 9 | | drugs, intoxicating compound or compounds, or any |
| 10 | | combination thereof;
|
| 11 | | 3. Any felony under the laws of any State or the |
| 12 | | federal government
in the commission of which a motor |
| 13 | | vehicle was used;
|
| 14 | | 4. Violation of Section 11-401 of this Code relating to |
| 15 | | the offense of
leaving the scene of a traffic accident |
| 16 | | involving death or personal injury;
|
| 17 | | 5. Perjury or the making of a false affidavit or |
| 18 | | statement under
oath to the Secretary of State under this |
| 19 | | Code or under any
other law relating to the ownership or |
| 20 | | operation of motor vehicles;
|
| 21 | | 6. Conviction upon 3 charges of violation of Section |
| 22 | | 11-503 of this
Code relating to the offense of reckless |
| 23 | | driving committed within a
period of 12 months;
|
| 24 | | 7. Conviction of any offense
defined in
Section 4-102 |
| 25 | | of this Code if the person exercised actual physical |
| 26 | | control over the vehicle during the commission of the |
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| 1 | | offense;
|
| 2 | | 8. Violation of Section 11-504 of this Code relating to |
| 3 | | the offense
of drag racing;
|
| 4 | | 9. Violation of Chapters 8 and 9 of this Code;
|
| 5 | | 10. Violation of Section 12-5 of the Criminal Code of |
| 6 | | 1961 or the Criminal Code of 2012 arising from
the use of a |
| 7 | | motor vehicle;
|
| 8 | | 11. Violation of Section 11-204.1 of this Code relating |
| 9 | | to aggravated
fleeing or attempting to elude a peace |
| 10 | | officer;
|
| 11 | | 12. Violation of paragraph (1) of subsection (b) of |
| 12 | | Section 6-507,
or a similar law of any other state, |
| 13 | | relating to the
unlawful operation of a commercial motor |
| 14 | | vehicle;
|
| 15 | | 13. Violation of paragraph (a) of Section 11-502 of |
| 16 | | this Code or a
similar provision of a local ordinance if |
| 17 | | the driver has been previously
convicted of a violation of |
| 18 | | that Section or a similar provision of a local
ordinance |
| 19 | | and the driver was less than 21 years of age at the time of |
| 20 | | the
offense;
|
| 21 | | 14. Violation of paragraph (a) of Section 11-506 of |
| 22 | | this Code or a similar provision of a local ordinance |
| 23 | | relating to the offense of street racing;
|
| 24 | | 15. A second or subsequent conviction of driving while |
| 25 | | the person's driver's license, permit or privileges was |
| 26 | | revoked for reckless homicide or a similar out-of-state |
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| 1 | | offense; |
| 2 | | 16. Any offense against any provision in this Code, or |
| 3 | | any local ordinance, regulating the
movement of traffic |
| 4 | | when that offense was the proximate cause of the death of |
| 5 | | any person. Any person whose driving privileges have been |
| 6 | | revoked pursuant to this paragraph may seek to have the |
| 7 | | revocation terminated or to have the length of revocation |
| 8 | | reduced by requesting an administrative hearing with the |
| 9 | | Secretary of State prior to the projected driver's license |
| 10 | | application eligibility date; |
| 11 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
| 12 | | of this Code or a similar provision of a local ordinance; |
| 13 | | 18. A second or subsequent conviction of illegal |
| 14 | | possession, while operating or in actual physical control, |
| 15 | | as a driver, of a motor vehicle, of any controlled |
| 16 | | substance prohibited under the Illinois Controlled |
| 17 | | Substances Act, any cannabis prohibited under the Cannabis |
| 18 | | Control Act, or any methamphetamine prohibited under the |
| 19 | | Methamphetamine Control and Community Protection Act. A |
| 20 | | defendant found guilty of this offense while operating a |
| 21 | | motor vehicle
shall have an entry made in the court record |
| 22 | | by the presiding judge that
this offense did occur while |
| 23 | | the defendant was operating a motor vehicle
and order the |
| 24 | | clerk of the court to report the violation to the Secretary
|
| 25 | | of State; |
| 26 | | 19. Violation of subsection (a) of Section 11-1414 of |
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| 1 | | this Code, or a similar provision of a local ordinance, |
| 2 | | relating to the offense of overtaking or passing of a |
| 3 | | school bus when the driver, in committing the violation, is |
| 4 | | involved in a motor vehicle accident that results in death |
| 5 | | to another and the violation is a proximate cause of the |
| 6 | | death. |
| 7 | | (b) The Secretary of State shall also immediately revoke |
| 8 | | the license
or permit of any driver in the following |
| 9 | | situations:
|
| 10 | | 1. Of any minor upon receiving the notice provided for |
| 11 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
| 12 | | minor has been
adjudicated under that Act as having |
| 13 | | committed an offense relating to
motor vehicles prescribed |
| 14 | | in Section 4-103 of this Code;
|
| 15 | | 2. Of any person when any other law of this State |
| 16 | | requires either the
revocation or suspension of a license |
| 17 | | or permit;
|
| 18 | | 3. Of any person adjudicated under the Juvenile Court |
| 19 | | Act of 1987 based on an offense determined to have been |
| 20 | | committed in furtherance of the criminal activities of an |
| 21 | | organized gang as provided in Section 5-710 of that Act, |
| 22 | | and that involved the operation or use of a motor vehicle |
| 23 | | or the use of a driver's license or permit. The revocation |
| 24 | | shall remain in effect for the period determined by the |
| 25 | | court. |
| 26 | | (c)(1) Whenever a person is convicted of any of the |
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| 1 | | offenses enumerated in
this Section, the court may recommend |
| 2 | | and the Secretary of State in his
discretion, without regard to |
| 3 | | whether the recommendation is made by the
court may, upon |
| 4 | | application,
issue to the person a
restricted driving permit |
| 5 | | granting the privilege of driving a motor
vehicle between the |
| 6 | | petitioner's residence and petitioner's place
of employment or |
| 7 | | within the scope of the petitioner's employment related
duties, |
| 8 | | or to allow the petitioner to transport himself or herself or a |
| 9 | | family member
of the petitioner's household to a medical |
| 10 | | facility for the receipt of necessary medical care or to allow |
| 11 | | the
petitioner to transport himself or herself to and from |
| 12 | | alcohol or drug remedial or rehabilitative activity |
| 13 | | recommended by a licensed service provider, or to allow the
|
| 14 | | petitioner to transport himself or herself or a family member |
| 15 | | of the petitioner's household to classes, as a student, at an |
| 16 | | accredited educational
institution, or to allow the petitioner |
| 17 | | to transport children, elderly persons, or persons with |
| 18 | | disabilities who do not hold driving privileges and are living |
| 19 | | in the petitioner's household to and from daycare; if the |
| 20 | | petitioner is able to demonstrate that no alternative means
of |
| 21 | | transportation is reasonably available and that the petitioner |
| 22 | | will not endanger
the public safety or welfare; provided that |
| 23 | | the Secretary's discretion shall be
limited to cases where |
| 24 | | undue hardship, as defined by the rules of the Secretary of |
| 25 | | State, would result from a failure to issue the
restricted |
| 26 | | driving permit.
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| 1 | | (1.5) A person subject to the provisions of paragraph 4 of |
| 2 | | subsection (b) of Section 6-208 of this Code may make |
| 3 | | application for a restricted driving permit at a hearing |
| 4 | | conducted under Section 2-118 of this Code after the expiration |
| 5 | | of 5 years from the effective date of the most recent |
| 6 | | revocation, or after 5 years from the date of release from a |
| 7 | | period of imprisonment resulting from a conviction of the most |
| 8 | | recent offense, whichever is later, provided the person, in |
| 9 | | addition to all other requirements of the Secretary, shows by |
| 10 | | clear and convincing evidence: |
| 11 | | (A) a minimum of 3 years of uninterrupted abstinence |
| 12 | | from alcohol and the unlawful use or consumption of |
| 13 | | cannabis under the Cannabis Control Act, a controlled |
| 14 | | substance under the Illinois Controlled Substances Act, an |
| 15 | | intoxicating compound under the Use of Intoxicating |
| 16 | | Compounds Act, or methamphetamine under the |
| 17 | | Methamphetamine Control and Community Protection Act; and |
| 18 | | (B) the successful completion of any rehabilitative |
| 19 | | treatment and involvement in any ongoing rehabilitative |
| 20 | | activity that may be recommended by a properly licensed |
| 21 | | service provider according to an assessment of the person's |
| 22 | | alcohol or drug use under Section 11-501.01 of this Code. |
| 23 | | In determining whether an applicant is eligible for a |
| 24 | | restricted driving permit under this paragraph (1.5), the |
| 25 | | Secretary may consider any relevant evidence, including, but |
| 26 | | not limited to, testimony, affidavits, records, and the results |
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| 1 | | of regular alcohol or drug tests. Persons subject to the |
| 2 | | provisions of paragraph 4 of subsection (b) of Section 6-208 of |
| 3 | | this Code and who have been convicted of more than one |
| 4 | | violation of paragraph (3), paragraph (4), or paragraph (5) of |
| 5 | | subsection (a) of Section 11-501 of this Code shall not be |
| 6 | | eligible to apply for a restricted driving permit. |
| 7 | | A restricted driving permit issued under this paragraph |
| 8 | | (1.5) shall provide that the holder may only operate motor |
| 9 | | vehicles equipped with an ignition interlock device as required |
| 10 | | under paragraph (2) of subsection (c) of this Section and |
| 11 | | subparagraph (A) of paragraph 3 of subsection (c) of Section |
| 12 | | 6-206 of this Code. The Secretary may revoke a restricted |
| 13 | | driving permit or amend the conditions of a restricted driving |
| 14 | | permit issued under this paragraph (1.5) if the holder operates |
| 15 | | a vehicle that is not equipped with an ignition interlock |
| 16 | | device, or for any other reason authorized under this Code. |
| 17 | | A restricted driving permit issued under this paragraph |
| 18 | | (1.5) shall be revoked, and the holder barred from applying for |
| 19 | | or being issued a restricted driving permit in the future, if |
| 20 | | the holder is subsequently convicted of a violation of Section |
| 21 | | 11-501 of this Code, a similar provision of a local ordinance, |
| 22 | | or a similar offense in another state. |
| 23 | | (2) If a person's license or permit is revoked or suspended |
| 24 | | due to 2 or
more convictions of violating Section 11-501 of |
| 25 | | this Code or a similar
provision of a local ordinance or a |
| 26 | | similar out-of-state offense, or Section 9-3 of the Criminal |
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| 1 | | Code of 1961 or the Criminal Code of 2012, where the use of |
| 2 | | alcohol or other drugs is recited as an element of the offense, |
| 3 | | or a similar out-of-state offense, or a combination of these |
| 4 | | offenses, arising out
of separate occurrences, that person, if |
| 5 | | issued a restricted driving permit,
may not operate a vehicle |
| 6 | | unless it has been equipped with an ignition
interlock device |
| 7 | | as defined in Section 1-129.1.
|
| 8 | | (3) If:
|
| 9 | | (A) a person's license or permit is revoked or |
| 10 | | suspended 2 or more
times due to any combination of: |
| 11 | | (i)
a single conviction of violating Section
|
| 12 | | 11-501 of this Code or a similar provision of a local |
| 13 | | ordinance or a similar
out-of-state offense, or |
| 14 | | Section 9-3 of the Criminal Code of 1961 or the |
| 15 | | Criminal Code of 2012, where the use of alcohol or |
| 16 | | other drugs is recited as an element of the offense, or |
| 17 | | a similar out-of-state offense; or |
| 18 | | (ii)
a statutory summary suspension or revocation |
| 19 | | under Section
11-501.1; or |
| 20 | | (iii)
a suspension pursuant to Section 6-203.1;
|
| 21 | | arising out of
separate occurrences; or |
| 22 | | (B)
a person has been convicted of one violation of |
| 23 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| 24 | | of Section 11-501 of this Code, Section 9-3 of the Criminal |
| 25 | | Code of 1961 or the Criminal Code of 2012, relating to the |
| 26 | | offense of reckless homicide where the use of alcohol or |
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| 1 | | other drugs was recited as an element of the offense, or a |
| 2 | | similar provision of a law of another state;
|
| 3 | | that person, if issued a restricted
driving permit, may not |
| 4 | | operate a vehicle unless it has been equipped with an
ignition |
| 5 | | interlock device as defined in Section 1-129.1. |
| 6 | | (4)
The person issued a permit conditioned on the use of an |
| 7 | | ignition interlock device must pay to the Secretary of State |
| 8 | | DUI Administration Fund an amount
not to exceed $30 per month. |
| 9 | | The Secretary shall establish by rule the amount
and the |
| 10 | | procedures, terms, and conditions relating to these fees. |
| 11 | | (5)
If the restricted driving permit is issued for |
| 12 | | employment purposes, then
the prohibition against operating a |
| 13 | | motor vehicle that is not equipped with an ignition interlock |
| 14 | | device does not apply to the operation of an occupational |
| 15 | | vehicle
owned or leased by that person's employer when used |
| 16 | | solely for employment purposes. For any person who, within a |
| 17 | | 5-year period, is convicted of a second or subsequent offense |
| 18 | | under Section 11-501 of this Code, or a similar provision of a |
| 19 | | local ordinance or similar out-of-state offense, this |
| 20 | | employment exemption does not apply until either a one-year |
| 21 | | period has elapsed during which that person had his or her |
| 22 | | driving privileges revoked or a one-year period has elapsed |
| 23 | | during which that person had a restricted driving permit which |
| 24 | | required the use of an ignition interlock device on every motor |
| 25 | | vehicle owned or operated by that person. |
| 26 | | (6)
In each case the Secretary of State may issue a
|
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| 1 | | restricted driving permit for a period he deems appropriate, |
| 2 | | except that the
permit shall expire within one year from the |
| 3 | | date of issuance. A restricted
driving permit issued under this |
| 4 | | Section shall be
subject to cancellation, revocation, and |
| 5 | | suspension by the Secretary of
State in like manner and for |
| 6 | | like cause as a driver's license issued
under this Code may be |
| 7 | | cancelled, revoked, or
suspended; except that a conviction upon |
| 8 | | one or more offenses against laws or
ordinances regulating the |
| 9 | | movement of traffic shall be deemed sufficient cause
for the |
| 10 | | revocation, suspension, or cancellation of a restricted |
| 11 | | driving permit.
The Secretary of State may, as a condition to |
| 12 | | the issuance of a restricted
driving permit, require the |
| 13 | | petitioner to participate in a designated driver
remedial or |
| 14 | | rehabilitative program. The Secretary of State is authorized to
|
| 15 | | cancel a restricted driving permit if the permit holder does |
| 16 | | not successfully
complete the program. However, if an |
| 17 | | individual's driving privileges have been
revoked in |
| 18 | | accordance with paragraph 13 of subsection (a) of this Section, |
| 19 | | no
restricted driving permit shall be issued until the |
| 20 | | individual has served 6
months of the revocation period.
|
| 21 | | (c-5) (Blank).
|
| 22 | | (c-6) If a person is convicted of a second violation of |
| 23 | | operating a motor vehicle while the person's driver's license, |
| 24 | | permit or privilege was revoked, where the revocation was for a |
| 25 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
| 26 | | Criminal Code of 2012 relating to the offense of reckless |
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| 1 | | homicide or a similar out-of-state offense, the person's |
| 2 | | driving privileges shall be revoked pursuant to subdivision |
| 3 | | (a)(15) of this Section. The person may not make application |
| 4 | | for a license or permit until the expiration of five years from |
| 5 | | the effective date of the revocation or the expiration of five |
| 6 | | years from the date of release from a term of imprisonment, |
| 7 | | whichever is later. |
| 8 | | (c-7) If a person is convicted of a third or subsequent |
| 9 | | violation of operating a motor vehicle while the person's |
| 10 | | driver's license, permit or privilege was revoked, where the |
| 11 | | revocation was for a violation of Section 9-3 of the Criminal |
| 12 | | Code of 1961 or the Criminal Code of 2012 relating to the |
| 13 | | offense of reckless homicide or a similar out-of-state offense, |
| 14 | | the person may never apply for a license or permit. |
| 15 | | (d)(1) Whenever a person under the age of 21 is convicted |
| 16 | | under Section
11-501 of this Code or a similar provision of a |
| 17 | | local ordinance or a similar out-of-state offense, the
|
| 18 | | Secretary of State shall revoke the driving privileges of that |
| 19 | | person. One
year after the date of revocation, and upon |
| 20 | | application, the Secretary of
State may, if satisfied that the |
| 21 | | person applying will not endanger the
public safety or welfare, |
| 22 | | issue a restricted driving permit granting the
privilege of |
| 23 | | driving a motor vehicle only between the hours of 5 a.m. and 9
|
| 24 | | p.m. or as otherwise provided by this Section for a period of |
| 25 | | one year.
After this one-year period, and upon reapplication |
| 26 | | for a license as
provided in Section 6-106, upon payment of the |
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| 1 | | appropriate reinstatement
fee provided under paragraph (b) of |
| 2 | | Section 6-118, the Secretary of State,
in his discretion, may
|
| 3 | | reinstate the petitioner's driver's license and driving |
| 4 | | privileges, or extend the restricted driving permit as many |
| 5 | | times as the
Secretary of State deems appropriate, by |
| 6 | | additional periods of not more than
12 months each.
|
| 7 | | (2) If a person's license or permit is revoked or |
| 8 | | suspended due to 2 or
more convictions of violating Section |
| 9 | | 11-501 of this Code or a similar
provision of a local |
| 10 | | ordinance or a similar out-of-state offense, or Section 9-3 |
| 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 12 | | where the use of alcohol or other drugs is recited as an |
| 13 | | element of the offense, or a similar out-of-state offense, |
| 14 | | or a combination of these offenses, arising out
of separate |
| 15 | | occurrences, that person, if issued a restricted driving |
| 16 | | permit,
may not operate a vehicle unless it has been |
| 17 | | equipped with an ignition
interlock device as defined in |
| 18 | | Section 1-129.1.
|
| 19 | | (3) If a person's license or permit is revoked or |
| 20 | | suspended 2 or more times
due to any combination of: |
| 21 | | (A) a single conviction of violating Section |
| 22 | | 11-501
of this
Code or a similar provision of a local |
| 23 | | ordinance or a similar out-of-state
offense, or |
| 24 | | Section 9-3 of the Criminal Code of 1961 or the |
| 25 | | Criminal Code of 2012, where the use of alcohol or |
| 26 | | other drugs is recited as an element of the offense, or |
|
| | 10000SB2411sam003 | - 32 - | LRB100 17944 LNS 40580 a |
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| 1 | | a similar out-of-state offense; or |
| 2 | | (B)
a statutory summary suspension or revocation |
| 3 | | under Section 11-501.1; or |
| 4 | | (C) a suspension pursuant to Section 6-203.1; |
| 5 | | arising out of separate occurrences, that person, if issued |
| 6 | | a
restricted
driving permit, may not operate a vehicle |
| 7 | | unless it has been equipped with an
ignition interlock |
| 8 | | device as defined in Section 1-129.1. |
| 9 | | (3.5) If a person's license or permit is revoked or |
| 10 | | suspended due to a conviction for a violation of |
| 11 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| 12 | | of Section 11-501 of this Code, or a similar provision of a |
| 13 | | local ordinance or similar out-of-state offense, that |
| 14 | | person, if issued a restricted driving permit, may not |
| 15 | | operate a vehicle unless it has been equipped with an |
| 16 | | ignition interlock device as defined in Section 1-129.1. |
| 17 | | (4)
The person issued a permit conditioned upon the use |
| 18 | | of an interlock device must pay to the Secretary of State |
| 19 | | DUI Administration Fund an amount
not to exceed $30 per |
| 20 | | month. The Secretary shall establish by rule the amount
and |
| 21 | | the procedures, terms, and conditions relating to these |
| 22 | | fees. |
| 23 | | (5)
If the restricted driving permit is issued for |
| 24 | | employment purposes, then
the prohibition against driving |
| 25 | | a vehicle that is not equipped with an ignition interlock |
| 26 | | device does not apply to the operation of an occupational |
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| | 10000SB2411sam003 | - 33 - | LRB100 17944 LNS 40580 a |
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| 1 | | vehicle
owned or leased by that person's employer when used |
| 2 | | solely for employment purposes. For any person who, within |
| 3 | | a 5-year period, is convicted of a second or subsequent |
| 4 | | offense under Section 11-501 of this Code, or a similar |
| 5 | | provision of a local ordinance or similar out-of-state |
| 6 | | offense, this employment exemption does not apply until |
| 7 | | either a one-year period has elapsed during which that |
| 8 | | person had his or her driving privileges revoked or a |
| 9 | | one-year period has elapsed during which that person had a |
| 10 | | restricted driving permit which required the use of an |
| 11 | | ignition interlock device on every motor vehicle owned or |
| 12 | | operated by that person. |
| 13 | | (6) A
restricted driving permit issued under this |
| 14 | | Section shall be subject to
cancellation, revocation, and |
| 15 | | suspension by the Secretary of State in like
manner and for |
| 16 | | like cause as a driver's license issued under this Code may |
| 17 | | be
cancelled, revoked, or suspended; except that a |
| 18 | | conviction upon one or more
offenses against laws or |
| 19 | | ordinances regulating the movement of traffic
shall be |
| 20 | | deemed sufficient cause for the revocation, suspension, or
|
| 21 | | cancellation of a restricted driving permit.
|
| 22 | | (d-5) The revocation of the license, permit, or driving |
| 23 | | privileges of a person convicted of a third or subsequent |
| 24 | | violation of Section 6-303 of this Code committed while his or |
| 25 | | her driver's license, permit, or privilege was revoked because |
| 26 | | of a violation of Section 9-3 of the Criminal Code of 1961 or |
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| | 10000SB2411sam003 | - 34 - | LRB100 17944 LNS 40580 a |
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| 1 | | the Criminal Code of 2012, relating to the offense of reckless |
| 2 | | homicide, or a similar provision of a law of another state, is |
| 3 | | permanent. The Secretary may not, at any time, issue a license |
| 4 | | or permit to that person.
|
| 5 | | (e) This Section is subject to the provisions of the Driver |
| 6 | | License
Compact.
|
| 7 | | (f) Any revocation imposed upon any person under |
| 8 | | subsections 2
and 3 of paragraph (b) that is in effect on |
| 9 | | December 31, 1988 shall be
converted to a suspension for a like |
| 10 | | period of time.
|
| 11 | | (g) The Secretary of State shall not issue a restricted |
| 12 | | driving permit to
a person under the age of 16 years whose |
| 13 | | driving privileges have been revoked
under any provisions of |
| 14 | | this Code.
|
| 15 | | (h) The Secretary of State shall require the use of |
| 16 | | ignition interlock
devices for a period not less than 5 years |
| 17 | | on all vehicles owned by a person who has been convicted of a
|
| 18 | | second or subsequent offense under Section 11-501 of this Code |
| 19 | | or a similar
provision of a local ordinance. The person must |
| 20 | | pay to the Secretary of State DUI Administration Fund an amount |
| 21 | | not to exceed $30 for each month that he or she uses the |
| 22 | | device. The Secretary shall establish by rule and
regulation |
| 23 | | the procedures for certification and use of the interlock
|
| 24 | | system, the amount of the fee, and the procedures, terms, and |
| 25 | | conditions relating to these fees. During the time period in |
| 26 | | which a person is required to install an ignition interlock |
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| | 10000SB2411sam003 | - 35 - | LRB100 17944 LNS 40580 a |
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| 1 | | device under this subsection (h), that person shall only |
| 2 | | operate vehicles in which ignition interlock devices have been |
| 3 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of |
| 4 | | this Section.
|
| 5 | | (i) (Blank).
|
| 6 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
| 7 | | State may not issue a restricted driving permit for the |
| 8 | | operation of a commercial motor vehicle to a person holding a |
| 9 | | CDL whose driving privileges have been revoked, suspended, |
| 10 | | cancelled, or disqualified under any provisions of this Code.
|
| 11 | | (k) The Secretary of State shall notify by mail any person |
| 12 | | whose driving privileges have been revoked under paragraph 16 |
| 13 | | of subsection (a) of this Section that his or her driving |
| 14 | | privileges and driver's license will be revoked 90 days from |
| 15 | | the date of the mailing of the notice. |
| 16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; |
| 17 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; |
| 18 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16; |
| 19 | | 100-223, eff. 8-18-17.)
|
| 20 | | (625 ILCS 5/6-206)
|
| 21 | | Sec. 6-206. Discretionary authority to suspend or revoke |
| 22 | | license or
permit; right to a hearing.
|
| 23 | | (a) The Secretary of State is authorized to suspend or |
| 24 | | revoke the
driving privileges of any person without preliminary |
| 25 | | hearing upon a showing
of the person's records or other |
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|
|
| 1 | | sufficient evidence that
the person:
|
| 2 | | 1. Has committed an offense for which mandatory |
| 3 | | revocation of
a driver's license or permit is required upon |
| 4 | | conviction;
|
| 5 | | 2. Has been convicted of not less than 3 offenses |
| 6 | | against traffic
regulations governing the movement of |
| 7 | | vehicles committed within any 12
month period. No |
| 8 | | revocation or suspension shall be entered more than
6 |
| 9 | | months after the date of last conviction;
|
| 10 | | 3. Has been repeatedly involved as a driver in motor |
| 11 | | vehicle
collisions or has been repeatedly convicted of |
| 12 | | offenses against laws and
ordinances regulating the |
| 13 | | movement of traffic, to a degree that
indicates lack of |
| 14 | | ability to exercise ordinary and reasonable care in
the |
| 15 | | safe operation of a motor vehicle or disrespect for the |
| 16 | | traffic laws
and the safety of other persons upon the |
| 17 | | highway;
|
| 18 | | 4. Has by the unlawful operation of a motor vehicle |
| 19 | | caused or
contributed to an accident resulting in injury |
| 20 | | requiring
immediate professional treatment in a medical |
| 21 | | facility or doctor's office
to any person, except that any |
| 22 | | suspension or revocation imposed by the
Secretary of State |
| 23 | | under the provisions of this subsection shall start no
|
| 24 | | later than 6 months after being convicted of violating a |
| 25 | | law or
ordinance regulating the movement of traffic, which |
| 26 | | violation is related
to the accident, or shall start not |
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|
| 1 | | more than one year
after
the date of the accident, |
| 2 | | whichever date occurs later;
|
| 3 | | 5. Has permitted an unlawful or fraudulent use of a |
| 4 | | driver's
license, identification card, or permit;
|
| 5 | | 6. Has been lawfully convicted of an offense or |
| 6 | | offenses in another
state, including the authorization |
| 7 | | contained in Section 6-203.1, which
if committed within |
| 8 | | this State would be grounds for suspension or revocation;
|
| 9 | | 7. Has refused or failed to submit to an examination |
| 10 | | provided for by
Section 6-207 or has failed to pass the |
| 11 | | examination;
|
| 12 | | 8. Is ineligible for a driver's license or permit under |
| 13 | | the provisions
of Section 6-103;
|
| 14 | | 9. Has made a false statement or knowingly concealed a |
| 15 | | material fact
or has used false information or |
| 16 | | identification in any application for a
license, |
| 17 | | identification card, or permit;
|
| 18 | | 10. Has possessed, displayed, or attempted to |
| 19 | | fraudulently use any
license, identification card, or |
| 20 | | permit not issued to the person;
|
| 21 | | 11. Has operated a motor vehicle upon a highway of this |
| 22 | | State when
the person's driving privilege or privilege to |
| 23 | | obtain a driver's license
or permit was revoked or |
| 24 | | suspended unless the operation was authorized by
a |
| 25 | | monitoring device driving permit, judicial driving permit |
| 26 | | issued prior to January 1, 2009, probationary license to |
|
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| 1 | | drive, or a restricted
driving permit issued under this |
| 2 | | Code;
|
| 3 | | 12. Has submitted to any portion of the application |
| 4 | | process for
another person or has obtained the services of |
| 5 | | another person to submit to
any portion of the application |
| 6 | | process for the purpose of obtaining a
license, |
| 7 | | identification card, or permit for some other person;
|
| 8 | | 13. Has operated a motor vehicle upon a highway of this |
| 9 | | State when
the person's driver's license or permit was |
| 10 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
| 11 | | 14. Has committed a violation of Section 6-301, |
| 12 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
| 13 | | 14B of the Illinois Identification Card
Act;
|
| 14 | | 15. Has been convicted of violating Section 21-2 of the |
| 15 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating |
| 16 | | to criminal trespass to vehicles if the person exercised |
| 17 | | actual physical control over the vehicle during the |
| 18 | | commission of the offense, in which case, the suspension
|
| 19 | | shall be for one year;
|
| 20 | | 16. Has been convicted of violating Section 11-204 of |
| 21 | | this Code relating
to fleeing from a peace officer;
|
| 22 | | 17. Has refused to submit to a test, or tests, as |
| 23 | | required under Section
11-501.1 of this Code and the person |
| 24 | | has not sought a hearing as
provided for in Section |
| 25 | | 11-501.1;
|
| 26 | | 18. (Blank); Has, since issuance of a driver's license |
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| 1 | | or permit, been adjudged
to be afflicted with or suffering |
| 2 | | from any mental disability or disease;
|
| 3 | | 19. Has committed a violation of paragraph (a) or (b) |
| 4 | | of Section 6-101
relating to driving without a driver's |
| 5 | | license;
|
| 6 | | 20. Has been convicted of violating Section 6-104 |
| 7 | | relating to
classification of driver's license;
|
| 8 | | 21. Has been convicted of violating Section 11-402 of
|
| 9 | | this Code relating to leaving the scene of an accident |
| 10 | | resulting in damage
to a vehicle in excess of $1,000, in |
| 11 | | which case the suspension shall be
for one year;
|
| 12 | | 22. Has used a motor vehicle in violating paragraph |
| 13 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
| 14 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
| 15 | | relating
to unlawful use of weapons, in which case the |
| 16 | | suspension shall be for one
year;
|
| 17 | | 23. Has, as a driver, been convicted of committing a |
| 18 | | violation of
paragraph (a) of Section 11-502 of this Code |
| 19 | | for a second or subsequent
time within one year of a |
| 20 | | similar violation;
|
| 21 | | 24. Has been convicted by a court-martial or punished |
| 22 | | by non-judicial
punishment by military authorities of the |
| 23 | | United States at a military
installation in Illinois or in |
| 24 | | another state of or for a traffic related offense that is |
| 25 | | the
same as or similar to an offense specified under |
| 26 | | Section 6-205 or 6-206 of
this Code;
|
|
| | 10000SB2411sam003 | - 40 - | LRB100 17944 LNS 40580 a |
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| 1 | | 25. Has permitted any form of identification to be used |
| 2 | | by another in
the application process in order to obtain or |
| 3 | | attempt to obtain a license,
identification card, or |
| 4 | | permit;
|
| 5 | | 26. Has altered or attempted to alter a license or has |
| 6 | | possessed an
altered license, identification card, or |
| 7 | | permit;
|
| 8 | | 27. (Blank); Has violated Section 6-16 of the Liquor |
| 9 | | Control Act of 1934;
|
| 10 | | 28. Has been convicted for a first time of the illegal |
| 11 | | possession, while operating or
in actual physical control, |
| 12 | | as a driver, of a motor vehicle, of any
controlled |
| 13 | | substance prohibited under the Illinois Controlled |
| 14 | | Substances
Act, any cannabis prohibited under the Cannabis |
| 15 | | Control
Act, or any methamphetamine prohibited under the |
| 16 | | Methamphetamine Control and Community Protection Act, in |
| 17 | | which case the person's driving privileges shall be |
| 18 | | suspended for
one year.
Any defendant found guilty of this |
| 19 | | offense while operating a motor vehicle,
shall have an |
| 20 | | entry made in the court record by the presiding judge that
|
| 21 | | this offense did occur while the defendant was operating a |
| 22 | | motor vehicle
and order the clerk of the court to report |
| 23 | | the violation to the Secretary
of State;
|
| 24 | | 29. Has been convicted of the following offenses that |
| 25 | | were committed
while the person was operating or in actual |
| 26 | | physical control, as a driver,
of a motor vehicle: criminal |
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| | 10000SB2411sam003 | - 41 - | LRB100 17944 LNS 40580 a |
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| 1 | | sexual assault,
predatory criminal sexual assault of a |
| 2 | | child,
aggravated criminal sexual
assault, criminal sexual |
| 3 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
| 4 | | soliciting for a juvenile prostitute, promoting juvenile |
| 5 | | prostitution as described in subdivision (a)(1), (a)(2), |
| 6 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
| 7 | | or the Criminal Code of 2012, and the manufacture, sale or
|
| 8 | | delivery of controlled substances or instruments used for |
| 9 | | illegal drug use
or abuse in which case the driver's |
| 10 | | driving privileges shall be suspended
for one year;
|
| 11 | | 30. Has been convicted a second or subsequent time for |
| 12 | | any
combination of the offenses named in paragraph 29 of |
| 13 | | this subsection,
in which case the person's driving |
| 14 | | privileges shall be suspended for 5
years;
|
| 15 | | 31. Has refused to submit to a test as
required by |
| 16 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
| 17 | | Registration and Safety Act or has submitted to a test |
| 18 | | resulting in
an alcohol concentration of 0.08 or more or |
| 19 | | any amount of a drug, substance, or
compound resulting from |
| 20 | | the unlawful use or consumption of cannabis as listed
in |
| 21 | | the Cannabis Control Act, a controlled substance as listed |
| 22 | | in the Illinois
Controlled Substances Act, an intoxicating |
| 23 | | compound as listed in the Use of
Intoxicating Compounds |
| 24 | | Act, or methamphetamine as listed in the Methamphetamine |
| 25 | | Control and Community Protection Act, in which case the |
| 26 | | penalty shall be
as prescribed in Section 6-208.1;
|
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| | 10000SB2411sam003 | - 42 - | LRB100 17944 LNS 40580 a |
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| 1 | | 32. Has been convicted of Section 24-1.2 of the |
| 2 | | Criminal Code of
1961 or the Criminal Code of 2012 relating |
| 3 | | to the aggravated discharge of a firearm if the offender |
| 4 | | was
located in a motor vehicle at the time the firearm was |
| 5 | | discharged, in which
case the suspension shall be for 3 |
| 6 | | years;
|
| 7 | | 33. Has as a driver, who was less than 21 years of age |
| 8 | | on the date of
the offense, been convicted a first time of |
| 9 | | a violation of paragraph (a) of
Section 11-502 of this Code |
| 10 | | or a similar provision of a local ordinance;
|
| 11 | | 34. Has committed a violation of Section 11-1301.5 of |
| 12 | | this Code or a similar provision of a local ordinance;
|
| 13 | | 35. Has committed a violation of Section 11-1301.6 of |
| 14 | | this Code or a similar provision of a local ordinance;
|
| 15 | | 36. Is under the age of 21 years at the time of arrest |
| 16 | | and has been
convicted of not less than 2 offenses against |
| 17 | | traffic regulations governing
the movement of vehicles |
| 18 | | committed within any 24 month period. No revocation
or |
| 19 | | suspension shall be entered more than 6 months after the |
| 20 | | date of last
conviction;
|
| 21 | | 37. Has committed a violation of subsection (c) of |
| 22 | | Section 11-907 of this
Code that resulted in damage to the |
| 23 | | property of another or the death or injury of another;
|
| 24 | | 38. Has been convicted of a violation of Section 6-20 |
| 25 | | of the Liquor
Control Act of 1934 or a similar provision of |
| 26 | | a local ordinance and the person was an occupant of a motor |
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| 1 | | vehicle at the time of the violation;
|
| 2 | | 39. Has committed a second or subsequent violation of |
| 3 | | Section
11-1201 of this Code;
|
| 4 | | 40. Has committed a violation of subsection (a-1) of |
| 5 | | Section 11-908 of
this Code; |
| 6 | | 41. Has committed a second or subsequent violation of |
| 7 | | Section 11-605.1 of this Code, a similar provision of a |
| 8 | | local ordinance, or a similar violation in any other state |
| 9 | | within 2 years of the date of the previous violation, in |
| 10 | | which case the suspension shall be for 90 days; |
| 11 | | 42. Has committed a violation of subsection (a-1) of |
| 12 | | Section 11-1301.3 of this Code or a similar provision of a |
| 13 | | local ordinance;
|
| 14 | | 43. Has received a disposition of court supervision for |
| 15 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
| 16 | | of the Liquor
Control Act of 1934 or a similar provision of |
| 17 | | a local ordinance and the person was an occupant of a motor |
| 18 | | vehicle at the time of the violation, in which case the |
| 19 | | suspension shall be for a period of 3 months;
|
| 20 | | 44.
Is under the age of 21 years at the time of arrest |
| 21 | | and has been convicted of an offense against traffic |
| 22 | | regulations governing the movement of vehicles after |
| 23 | | having previously had his or her driving privileges
|
| 24 | | suspended or revoked pursuant to subparagraph 36 of this |
| 25 | | Section; |
| 26 | | 45.
Has, in connection with or during the course of a |
|
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| 1 | | formal hearing conducted under Section 2-118 of this Code: |
| 2 | | (i) committed perjury; (ii) submitted fraudulent or |
| 3 | | falsified documents; (iii) submitted documents that have |
| 4 | | been materially altered; or (iv) submitted, as his or her |
| 5 | | own, documents that were in fact prepared or composed for |
| 6 | | another person; |
| 7 | | 46. Has committed a violation of subsection (j) of |
| 8 | | Section 3-413 of this Code;
|
| 9 | | 47. Has committed a violation of subsection (a) of |
| 10 | | Section 11-502.1 of this Code; or |
| 11 | | 48. Has submitted a falsified or altered medical |
| 12 | | examiner's certificate to the Secretary of State or |
| 13 | | provided false information to obtain a medical examiner's |
| 14 | | certificate. |
| 15 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
| 16 | | and 27 of this
subsection, license means any driver's license, |
| 17 | | any traffic ticket issued when
the person's driver's license is |
| 18 | | deposited in lieu of bail, a suspension
notice issued by the |
| 19 | | Secretary of State, a duplicate or corrected driver's
license, |
| 20 | | a probationary driver's license or a temporary driver's |
| 21 | | license. |
| 22 | | (b) If any conviction forming the basis of a suspension or
|
| 23 | | revocation authorized under this Section is appealed, the
|
| 24 | | Secretary of State may rescind or withhold the entry of the |
| 25 | | order of suspension
or revocation, as the case may be, provided |
| 26 | | that a certified copy of a stay
order of a court is filed with |
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| 1 | | the Secretary of State. If the conviction is
affirmed on |
| 2 | | appeal, the date of the conviction shall relate back to the |
| 3 | | time
the original judgment of conviction was entered and the 6 |
| 4 | | month limitation
prescribed shall not apply.
|
| 5 | | (c) 1. Upon suspending or revoking the driver's license or |
| 6 | | permit of
any person as authorized in this Section, the |
| 7 | | Secretary of State shall
immediately notify the person in |
| 8 | | writing of the revocation or suspension.
The notice to be |
| 9 | | deposited in the United States mail, postage prepaid,
to the |
| 10 | | last known address of the person.
|
| 11 | | 2. If the Secretary of State suspends the driver's license
|
| 12 | | of a person under subsection 2 of paragraph (a) of this |
| 13 | | Section, a
person's privilege to operate a vehicle as an |
| 14 | | occupation shall not be
suspended, provided an affidavit is |
| 15 | | properly completed, the appropriate fee
received, and a permit |
| 16 | | issued prior to the effective date of the
suspension, unless 5 |
| 17 | | offenses were committed, at least 2 of which occurred
while |
| 18 | | operating a commercial vehicle in connection with the driver's
|
| 19 | | regular occupation. All other driving privileges shall be |
| 20 | | suspended by the
Secretary of State. Any driver prior to |
| 21 | | operating a vehicle for
occupational purposes only must submit |
| 22 | | the affidavit on forms to be
provided by the Secretary of State |
| 23 | | setting forth the facts of the person's
occupation. The |
| 24 | | affidavit shall also state the number of offenses
committed |
| 25 | | while operating a vehicle in connection with the driver's |
| 26 | | regular
occupation. The affidavit shall be accompanied by the |
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| 1 | | driver's license.
Upon receipt of a properly completed |
| 2 | | affidavit, the Secretary of State
shall issue the driver a |
| 3 | | permit to operate a vehicle in connection with the
driver's |
| 4 | | regular occupation only. Unless the permit is issued by the
|
| 5 | | Secretary of State prior to the date of suspension, the |
| 6 | | privilege to drive
any motor vehicle shall be suspended as set |
| 7 | | forth in the notice that was
mailed under this Section. If an |
| 8 | | affidavit is received subsequent to the
effective date of this |
| 9 | | suspension, a permit may be issued for the remainder
of the |
| 10 | | suspension period.
|
| 11 | | The provisions of this subparagraph shall not apply to any |
| 12 | | driver
required to possess a CDL for the purpose of operating a |
| 13 | | commercial motor vehicle.
|
| 14 | | Any person who falsely states any fact in the affidavit |
| 15 | | required
herein shall be guilty of perjury under Section 6-302 |
| 16 | | and upon conviction
thereof shall have all driving privileges |
| 17 | | revoked without further rights.
|
| 18 | | 3. At the conclusion of a hearing under Section 2-118 of |
| 19 | | this Code,
the Secretary of State shall either rescind or |
| 20 | | continue an order of
revocation or shall substitute an order of |
| 21 | | suspension; or, good
cause appearing therefor, rescind, |
| 22 | | continue, change, or extend the
order of suspension. If the |
| 23 | | Secretary of State does not rescind the order,
the Secretary |
| 24 | | may upon application,
to relieve undue hardship (as defined by |
| 25 | | the rules of the Secretary of State), issue
a restricted |
| 26 | | driving permit granting the privilege of driving a motor
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| 1 | | vehicle between the petitioner's residence and petitioner's |
| 2 | | place of
employment or within the scope of the petitioner's |
| 3 | | employment related duties, or to
allow the petitioner to |
| 4 | | transport himself or herself, or a family member of the
|
| 5 | | petitioner's household to a medical facility, to receive |
| 6 | | necessary medical care, to allow the petitioner to transport |
| 7 | | himself or herself to and from alcohol or drug
remedial or |
| 8 | | rehabilitative activity recommended by a licensed service |
| 9 | | provider, or to allow the petitioner to transport himself or |
| 10 | | herself or a family member of the petitioner's household to |
| 11 | | classes, as a student, at an accredited educational |
| 12 | | institution, or to allow the petitioner to transport children, |
| 13 | | elderly persons, or persons with disabilities who do not hold |
| 14 | | driving privileges and are living in the petitioner's household |
| 15 | | to and from daycare. The
petitioner must demonstrate that no |
| 16 | | alternative means of
transportation is reasonably available |
| 17 | | and that the petitioner will not endanger
the public safety or |
| 18 | | welfare.
|
| 19 | | (A) If a person's license or permit is revoked or |
| 20 | | suspended due to 2
or more convictions of violating Section |
| 21 | | 11-501 of this Code or a similar
provision of a local |
| 22 | | ordinance or a similar out-of-state offense, or Section 9-3 |
| 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 24 | | where the use of alcohol or other drugs is recited as an |
| 25 | | element of the offense, or a similar out-of-state offense, |
| 26 | | or a combination of these offenses, arising out
of separate |
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| 1 | | occurrences, that person, if issued a restricted driving |
| 2 | | permit,
may not operate a vehicle unless it has been |
| 3 | | equipped with an ignition
interlock device as defined in |
| 4 | | Section 1-129.1.
|
| 5 | | (B) If a person's license or permit is revoked or |
| 6 | | suspended 2 or more
times due to any combination of: |
| 7 | | (i) a single conviction of violating Section
|
| 8 | | 11-501 of this Code or a similar provision of a local |
| 9 | | ordinance or a similar
out-of-state offense or Section |
| 10 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
| 11 | | of 2012, where the use of alcohol or other drugs is |
| 12 | | recited as an element of the offense, or a similar |
| 13 | | out-of-state offense; or |
| 14 | | (ii) a statutory summary suspension or revocation |
| 15 | | under Section
11-501.1; or |
| 16 | | (iii) a suspension under Section 6-203.1; |
| 17 | | arising out of
separate occurrences; that person, if issued |
| 18 | | a restricted driving permit, may
not operate a vehicle |
| 19 | | unless it has been
equipped with an ignition interlock |
| 20 | | device as defined in Section 1-129.1. |
| 21 | | (B-5) If a person's license or permit is revoked or |
| 22 | | suspended due to a conviction for a violation of |
| 23 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| 24 | | of Section 11-501 of this Code, or a similar provision of a |
| 25 | | local ordinance or similar out-of-state offense, that |
| 26 | | person, if issued a restricted driving permit, may not |
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| 1 | | operate a vehicle unless it has been equipped with an |
| 2 | | ignition interlock device as defined in Section 1-129.1. |
| 3 | | (C)
The person issued a permit conditioned upon the use |
| 4 | | of an ignition interlock device must pay to the Secretary |
| 5 | | of State DUI Administration Fund an amount
not to exceed |
| 6 | | $30 per month. The Secretary shall establish by rule the |
| 7 | | amount
and the procedures, terms, and conditions relating |
| 8 | | to these fees. |
| 9 | | (D) If the
restricted driving permit is issued for |
| 10 | | employment purposes, then the prohibition against |
| 11 | | operating a motor vehicle that is not equipped with an |
| 12 | | ignition interlock device does not apply to the operation |
| 13 | | of an occupational vehicle owned or
leased by that person's |
| 14 | | employer when used solely for employment purposes. For any |
| 15 | | person who, within a 5-year period, is convicted of a |
| 16 | | second or subsequent offense under Section 11-501 of this |
| 17 | | Code, or a similar provision of a local ordinance or |
| 18 | | similar out-of-state offense, this employment exemption |
| 19 | | does not apply until either a one-year period has elapsed |
| 20 | | during which that person had his or her driving privileges |
| 21 | | revoked or a one-year period has elapsed during which that |
| 22 | | person had a restricted driving permit which required the |
| 23 | | use of an ignition interlock device on every motor vehicle |
| 24 | | owned or operated by that person. |
| 25 | | (E) In each case the Secretary may issue a
restricted |
| 26 | | driving permit for a period deemed appropriate, except that |
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| 1 | | all
permits shall expire within one year from the date of |
| 2 | | issuance. A
restricted driving permit issued under this |
| 3 | | Section shall be subject to
cancellation, revocation, and |
| 4 | | suspension by the Secretary of State in like
manner and for |
| 5 | | like cause as a driver's license issued under this Code may |
| 6 | | be
cancelled, revoked, or suspended; except that a |
| 7 | | conviction upon one or more
offenses against laws or |
| 8 | | ordinances regulating the movement of traffic
shall be |
| 9 | | deemed sufficient cause for the revocation, suspension, or
|
| 10 | | cancellation of a restricted driving permit. The Secretary |
| 11 | | of State may, as
a condition to the issuance of a |
| 12 | | restricted driving permit, require the
applicant to |
| 13 | | participate in a designated driver remedial or |
| 14 | | rehabilitative
program. The Secretary of State is |
| 15 | | authorized to cancel a restricted
driving permit if the |
| 16 | | permit holder does not successfully complete the program.
|
| 17 | | (F) A person subject to the provisions of paragraph 4 |
| 18 | | of subsection (b) of Section 6-208 of this Code may make |
| 19 | | application for a restricted driving permit at a hearing |
| 20 | | conducted under Section 2-118 of this Code after the |
| 21 | | expiration of 5 years from the effective date of the most |
| 22 | | recent revocation or after 5 years from the date of release |
| 23 | | from a period of imprisonment resulting from a conviction |
| 24 | | of the most recent offense, whichever is later, provided |
| 25 | | the person, in addition to all other requirements of the |
| 26 | | Secretary, shows by clear and convincing evidence: |
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| 1 | | (i) a minimum of 3 years of uninterrupted |
| 2 | | abstinence from alcohol and the unlawful use or |
| 3 | | consumption of cannabis under the Cannabis Control |
| 4 | | Act, a controlled substance under the Illinois |
| 5 | | Controlled Substances Act, an intoxicating compound |
| 6 | | under the Use of Intoxicating Compounds Act, or |
| 7 | | methamphetamine under the Methamphetamine Control and |
| 8 | | Community Protection Act; and |
| 9 | | (ii) the successful completion of any |
| 10 | | rehabilitative treatment and involvement in any |
| 11 | | ongoing rehabilitative activity that may be |
| 12 | | recommended by a properly licensed service provider |
| 13 | | according to an assessment of the person's alcohol or |
| 14 | | drug use under Section 11-501.01 of this Code. |
| 15 | | In determining whether an applicant is eligible for a |
| 16 | | restricted driving permit under this subparagraph (F), the |
| 17 | | Secretary may consider any relevant evidence, including, |
| 18 | | but not limited to, testimony, affidavits, records, and the |
| 19 | | results of regular alcohol or drug tests. Persons subject |
| 20 | | to the provisions of paragraph 4 of subsection (b) of |
| 21 | | Section 6-208 of this Code and who have been convicted of |
| 22 | | more than one violation of paragraph (3), paragraph (4), or |
| 23 | | paragraph (5) of subsection (a) of Section 11-501 of this |
| 24 | | Code shall not be eligible to apply for a restricted |
| 25 | | driving permit under this subparagraph (F). |
| 26 | | A restricted driving permit issued under this |
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| 1 | | subparagraph (F) shall provide that the holder may only |
| 2 | | operate motor vehicles equipped with an ignition interlock |
| 3 | | device as required under paragraph (2) of subsection (c) of |
| 4 | | Section 6-205 of this Code and subparagraph (A) of |
| 5 | | paragraph 3 of subsection (c) of this Section. The |
| 6 | | Secretary may revoke a restricted driving permit or amend |
| 7 | | the conditions of a restricted driving permit issued under |
| 8 | | this subparagraph (F) if the holder operates a vehicle that |
| 9 | | is not equipped with an ignition interlock device, or for |
| 10 | | any other reason authorized under this Code. |
| 11 | | A restricted driving permit issued under this |
| 12 | | subparagraph (F) shall be revoked, and the holder barred |
| 13 | | from applying for or being issued a restricted driving |
| 14 | | permit in the future, if the holder is convicted of a |
| 15 | | violation of Section 11-501 of this Code, a similar |
| 16 | | provision of a local ordinance, or a similar offense in |
| 17 | | another state. |
| 18 | | (c-3) In the case of a suspension under paragraph 43 of |
| 19 | | subsection (a), reports received by the Secretary of State |
| 20 | | under this Section shall, except during the actual time the |
| 21 | | suspension is in effect, be privileged information and for use |
| 22 | | only by the courts, police officers, prosecuting authorities, |
| 23 | | the driver licensing administrator of any other state, the |
| 24 | | Secretary of State, or the parent or legal guardian of a driver |
| 25 | | under the age of 18. However, beginning January 1, 2008, if the |
| 26 | | person is a CDL holder, the suspension shall also be made |
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| 1 | | available to the driver licensing administrator of any other |
| 2 | | state, the U.S. Department of Transportation, and the affected |
| 3 | | driver or motor
carrier or prospective motor carrier upon |
| 4 | | request.
|
| 5 | | (c-4) In the case of a suspension under paragraph 43 of |
| 6 | | subsection (a), the Secretary of State shall notify the person |
| 7 | | by mail that his or her driving privileges and driver's license |
| 8 | | will be suspended one month after the date of the mailing of |
| 9 | | the notice.
|
| 10 | | (c-5) The Secretary of State may, as a condition of the |
| 11 | | reissuance of a
driver's license or permit to an applicant |
| 12 | | whose driver's license or permit has
been suspended before he |
| 13 | | or she reached the age of 21 years pursuant to any of
the |
| 14 | | provisions of this Section, require the applicant to |
| 15 | | participate in a
driver remedial education course and be |
| 16 | | retested under Section 6-109 of this
Code.
|
| 17 | | (d) This Section is subject to the provisions of the |
| 18 | | Drivers License
Compact.
|
| 19 | | (e) The Secretary of State shall not issue a restricted |
| 20 | | driving permit to
a person under the age of 16 years whose |
| 21 | | driving privileges have been suspended
or revoked under any |
| 22 | | provisions of this Code.
|
| 23 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
| 24 | | State may not issue a restricted driving permit for the |
| 25 | | operation of a commercial motor vehicle to a person holding a |
| 26 | | CDL whose driving privileges have been suspended, revoked, |
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| 1 | | cancelled, or disqualified under any provisions of this Code. |
| 2 | | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, |
| 3 | | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; |
| 4 | | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; |
| 5 | | 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
|
| 6 | | (625 ILCS 5/6-209.1 new) |
| 7 | | Sec. 6-209.1. Restoration of driving privileges; right to |
| 8 | | hearing. |
| 9 | | (a) The Secretary shall rescind the suspension or |
| 10 | | cancellation of a person's driver's license that has been |
| 11 | | suspended or cancelled prior to the effective date of this |
| 12 | | amendatory Act of the 100th General Assembly due to: |
| 13 | | (1) the person being convicted of theft of motor fuel |
| 14 | | under Sections 16-25 or 16K-15 of the Criminal Code of 1961 |
| 15 | | or the Criminal Code of 2012; |
| 16 | | (2) the person, since the issuance of the driver's |
| 17 | | license, being adjudged to be afflicted with or suffering |
| 18 | | from any mental disability or disease; |
| 19 | | (3) a violation of Section 6-16 of the Liquor Control |
| 20 | | Act of 1934 or a similar provision of a local ordinance; |
| 21 | | (4) the person being convicted of a violation of |
| 22 | | Section 6-20 of the Liquor Control Act of 1934 or a similar |
| 23 | | provision of a local ordinance, if the person presents a |
| 24 | | certified copy of a court order that includes a finding |
| 25 | | that the person was not an occupant of a motor vehicle at |
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| 1 | | the time of the violation; |
| 2 | | (5) the person receiving a disposition of court |
| 3 | | supervision for a violation of subsections (a), (d), or (e) |
| 4 | | of Section 6-20 of the Liquor Control Act of 1934 or a |
| 5 | | similar provision of a local ordinance, if the person |
| 6 | | presents a certified copy of a court order that includes a |
| 7 | | finding that the person was not an occupant of a motor |
| 8 | | vehicle at the time of the violation; |
| 9 | | (6) the person failing to satisfy any fine or penalty |
| 10 | | resulting from a final order issued by the Authority |
| 11 | | relating directly or indirectly to 5 or more toll |
| 12 | | violations, toll evasions, or both; |
| 13 | | (7) the person being convicted of a violation of |
| 14 | | Section 4-102 of this Code, if the person presents a |
| 15 | | certified copy of a court order that includes a finding |
| 16 | | that the person did not exercise actual physical control of |
| 17 | | the vehicle at the time of the violation; or |
| 18 | | (8) the person being convicted of criminal trespass to |
| 19 | | vehicles under Section 21-2 of the Criminal Code of 2012, |
| 20 | | if the person presents a certified copy of a court order |
| 21 | | that includes a finding that the person did not exercise |
| 22 | | actual physical control of the vehicle at the time of the |
| 23 | | violation. |
| 24 | | (b) In the case of a license that has been suspended before |
| 25 | | the effective date of this amendatory Act of the 100th General |
| 26 | | Assembly due to the person failing to pay any fine or penalty |
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| 1 | | due or owing as a result of 10 or more violations of a |
| 2 | | municipality's or county's vehicular standing, parking, or |
| 3 | | compliance regulations established by ordinance under Section |
| 4 | | 11-208.3, the municipality or county shall, within 90 days |
| 5 | | after the effective date of this amendatory Act of the 100th |
| 6 | | General Assembly, provide the person with notice that the |
| 7 | | person has a right to a hearing under Section 11-208.3a. The |
| 8 | | notice shall be sent by first class United States mail, postage |
| 9 | | prepaid, to the address of the registered owner or lessee of |
| 10 | | the cited vehicle as recorded with the Secretary of State or |
| 11 | | the lessor of the motor vehicle or, if any notice to that |
| 12 | | address is returned as undeliverable or unclaimed, by first |
| 13 | | class mail to the last known address recorded in a United |
| 14 | | States Post Office approved database.
|
| 15 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
|
| 16 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, |
| 17 | | parking,
compliance, automated speed enforcement system, or |
| 18 | | automated traffic law violations; suspension of driving |
| 19 | | privileges.
|
| 20 | | (a) Upon receipt of
a certified report,
as prescribed by |
| 21 | | subsection (c) of
this Section, from
any municipality or county |
| 22 | | stating that the owner of a registered vehicle: (1) has failed
|
| 23 | | to pay any fine or penalty due and owing as a result of 10 or |
| 24 | | more violations
of a
municipality's or county's vehicular |
| 25 | | standing, parking, or compliance
regulations established by
|
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| 1 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has |
| 2 | | failed to pay any
fine or penalty due and owing as a result of 5 |
| 3 | | offenses for automated speed enforcement system violations or |
| 4 | | automated traffic
violations as defined in Sections
11-208.6, |
| 5 | | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or |
| 6 | | (3) is more than 14 days in default of a payment plan pursuant |
| 7 | | to which a suspension had been terminated under subsection (c) |
| 8 | | of this Section, the Secretary of State
shall suspend the |
| 9 | | driving privileges of such person in accordance with the
|
| 10 | | procedures set forth in this Section.
The Secretary shall also |
| 11 | | suspend the driving privileges of an owner of a
registered |
| 12 | | vehicle upon receipt of a certified report, as prescribed by
|
| 13 | | subsection (f) of this Section, from any municipality or county |
| 14 | | stating that such
person has failed to satisfy any fines or |
| 15 | | penalties imposed by final judgments
for 5 or more automated |
| 16 | | speed enforcement system or automated traffic law violations, |
| 17 | | or combination thereof, or 10 or more violations of local |
| 18 | | standing, parking, or
compliance regulations after
exhaustion |
| 19 | | of administrative and judicial review procedures.
|
| 20 | | (b) Following receipt of the certified report of the |
| 21 | | municipality or county as
specified in this Section, the |
| 22 | | Secretary of State shall notify the person
whose name appears |
| 23 | | on the certified report that
the person's driver's
drivers |
| 24 | | license will be suspended at the end of a specified period of |
| 25 | | time
unless the Secretary of State is presented with a notice |
| 26 | | from the
municipality or county certifying that the fine or |
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| 1 | | penalty due
and owing the municipality or county has been paid |
| 2 | | or that inclusion of that
person's name on the certified report |
| 3 | | was in error. The Secretary's notice
shall state in substance |
| 4 | | the information
contained in the municipality's or county's |
| 5 | | certified report to the Secretary, and
shall be effective as |
| 6 | | specified by subsection (c) of Section 6-211 of this
Code.
|
| 7 | | (c) The report of the appropriate municipal or county |
| 8 | | official notifying the
Secretary of State of unpaid fines or |
| 9 | | penalties pursuant to this Section
shall be certified and shall |
| 10 | | contain the following:
|
| 11 | | (1) The name, last known address as recorded with the |
| 12 | | Secretary of State, as provided by the lessor of the cited |
| 13 | | vehicle at the time of lease, or as recorded in a United |
| 14 | | States Post Office approved database if any notice sent |
| 15 | | under Section 11-208.3 of this Code is returned as |
| 16 | | undeliverable, and driver's drivers license number of the
|
| 17 | | person who failed to pay the fine or
penalty or who has |
| 18 | | defaulted in a payment plan and the registration number of |
| 19 | | any vehicle known to be registered
to such person in this |
| 20 | | State.
|
| 21 | | (2) The name of the municipality or county making the |
| 22 | | report pursuant to this
Section.
|
| 23 | | (3) A statement that the municipality or county sent a |
| 24 | | notice of impending driver's
drivers license suspension as |
| 25 | | prescribed by ordinance enacted
pursuant to Section |
| 26 | | 11-208.3 of this Code or a notice of default in a payment |
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| 1 | | plan, to the person named in the report at the
address |
| 2 | | recorded with the Secretary of State or at the last address |
| 3 | | known to the lessor of the cited vehicle at the time of |
| 4 | | lease or, if any notice sent under Section 11-208.3 of this |
| 5 | | Code is returned as undeliverable, at the last known |
| 6 | | address recorded in a United States Post Office approved |
| 7 | | database; the date on which such
notice was sent; and the |
| 8 | | address to which such notice was sent.
In a municipality or |
| 9 | | county with a population of 1,000,000 or more, the report |
| 10 | | shall
also include a statement that the alleged violator's |
| 11 | | State vehicle registration
number and vehicle make, if |
| 12 | | specified on the automated speed enforcement system |
| 13 | | violation or automated traffic law violation notice, are |
| 14 | | correct as they appear on the citations. |
| 15 | | (4) A unique identifying reference number for each |
| 16 | | request of suspension sent whenever a person has failed to |
| 17 | | pay the fine or penalty or has defaulted on a payment plan.
|
| 18 | | (d) Any municipality or county making a certified report to |
| 19 | | the Secretary of State
pursuant to this Section
shall notify |
| 20 | | the Secretary of State, in a form prescribed by the
Secretary, |
| 21 | | whenever a person named in the certified report has paid the
|
| 22 | | previously reported fine or penalty, whenever a person named in |
| 23 | | the certified report has entered into a payment plan pursuant |
| 24 | | to which the municipality or county has agreed to terminate the |
| 25 | | suspension, or whenever the municipality or county determines
|
| 26 | | that the original report was in error. A certified copy of such
|
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| 1 | | notification shall also be given upon request and at no |
| 2 | | additional charge
to the person named therein. Upon receipt of |
| 3 | | the municipality's or county's
notification or presentation of |
| 4 | | a certified copy of such notification, the
Secretary of State |
| 5 | | shall terminate the suspension.
|
| 6 | | (e) Any municipality or county making a certified report to |
| 7 | | the Secretary of State
pursuant to this Section
shall also by |
| 8 | | ordinance establish procedures for persons to
challenge the |
| 9 | | accuracy of the certified report. The ordinance shall also
|
| 10 | | state the grounds for such a challenge, which may be limited to |
| 11 | | (1) the
person not having been the owner or lessee of the |
| 12 | | vehicle or vehicles
receiving 10 or more standing, parking, or |
| 13 | | compliance
violation notices or a combination of 5 or more |
| 14 | | automated speed enforcement system or automated traffic law |
| 15 | | violations on the date or dates such notices were issued; and |
| 16 | | (2) the
person
having already paid the fine or penalty for the |
| 17 | | 10 or more standing, parking, or compliance violations or |
| 18 | | combination of 5 or more automated speed enforcement system or |
| 19 | | automated traffic law violations
indicated on the certified |
| 20 | | report.
|
| 21 | | (f) Any municipality or county, other than a municipality |
| 22 | | or county establishing vehicular
standing, parking, and |
| 23 | | compliance regulations pursuant to
Section 11-208.3, automated |
| 24 | | speed enforcement system regulations under Section 11-208.8, |
| 25 | | or automated traffic law regulations under Section 11-208.6, |
| 26 | | 11-208.9, or 11-1201.1, may also
cause a suspension of a |
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| 1 | | person's driver's drivers license pursuant to this Section.
|
| 2 | | Such municipality or county may invoke this sanction by making |
| 3 | | a certified report to
the Secretary of State upon a person's |
| 4 | | failure to satisfy any fine or
penalty imposed by final |
| 5 | | judgment for 10 or more violations of local
standing, parking, |
| 6 | | or compliance regulations or a combination of 5 or more |
| 7 | | automated speed enforcement system or automated traffic law |
| 8 | | violations after exhaustion
of judicial review
procedures, but |
| 9 | | only if:
|
| 10 | | (1) the municipality or county complies with the |
| 11 | | provisions of this Section in all
respects except in regard |
| 12 | | to enacting an ordinance pursuant to Section
11-208.3;
|
| 13 | | (2) the municipality or county has sent a notice of |
| 14 | | impending driver's
drivers license suspension as |
| 15 | | prescribed by an ordinance enacted pursuant to
subsection |
| 16 | | (g) of this Section; and
|
| 17 | | (3) in municipalities or counties with a population of |
| 18 | | 1,000,000 or more, the
municipality or county
has verified |
| 19 | | that the alleged violator's State vehicle registration |
| 20 | | number and
vehicle make are correct as they appear on the |
| 21 | | citations; and |
| 22 | | (4) in the case of final judgment for 10 or more |
| 23 | | violations of local
standing, parking, or compliance |
| 24 | | regulations, the municipality or county first conducts a |
| 25 | | hearing in accordance with Section 11-208.3a.
|
| 26 | | (g) Any municipality or county, other than a municipality |
|
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| 1 | | or county establishing
standing, parking, and compliance |
| 2 | | regulations pursuant to
Section 11-208.3, automated speed |
| 3 | | enforcement system regulations under Section 11-208.8, or |
| 4 | | automated traffic law regulations under Section 11-208.6, |
| 5 | | 11-208.9, or 11-1201.1, may provide by
ordinance for the |
| 6 | | sending of a notice of impending driver's
drivers license |
| 7 | | suspension to the person who has failed to satisfy any fine
or |
| 8 | | penalty imposed by final judgment for 10 or more violations of |
| 9 | | local
standing, parking, or compliance regulations or a |
| 10 | | combination of 5 or more automated speed enforcement system or |
| 11 | | automated traffic law violations after exhaustion
of
judicial |
| 12 | | review
procedures. An ordinance so providing shall specify that |
| 13 | | the notice
sent to the person liable for any fine or penalty
|
| 14 | | shall state that failure to pay the fine or
penalty owing |
| 15 | | within 45 days of the notice's date will result in the
|
| 16 | | municipality or county notifying the Secretary of State that
|
| 17 | | the person's driver's drivers license is eligible for |
| 18 | | suspension pursuant to this
Section.
The notice of impending |
| 19 | | driver's drivers license suspension
shall be sent by first |
| 20 | | class United States mail, postage prepaid, to the
address
|
| 21 | | recorded with the Secretary of State or at the last address |
| 22 | | known to the lessor of the cited vehicle at the time of lease |
| 23 | | or, if any notice sent under Section 11-208.3 of this Code is |
| 24 | | returned as undeliverable, to the last known address recorded |
| 25 | | in a United States Post Office approved database.
|
| 26 | | (h) An administrative hearing to contest an impending |
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| 1 | | suspension or a
suspension made pursuant to this Section may be |
| 2 | | had upon filing a written
request with the Secretary of State. |
| 3 | | The filing fee for this hearing shall
be $20, to be paid at the |
| 4 | | time the request is made.
A municipality or county which files |
| 5 | | a certified report with the Secretary of
State pursuant to this |
| 6 | | Section shall reimburse the Secretary for all
reasonable costs |
| 7 | | incurred by the Secretary as a result of the filing of the
|
| 8 | | report, including but not limited to the costs of providing the |
| 9 | | notice
required pursuant to subsection (b) and the costs |
| 10 | | incurred by the Secretary
in any hearing conducted with respect |
| 11 | | to the report pursuant to this
subsection and any appeal from |
| 12 | | such a hearing.
|
| 13 | | (i) The provisions of this Section shall apply on and after |
| 14 | | January 1, 1988.
|
| 15 | | (j) For purposes of this Section, the term "compliance |
| 16 | | violation" is
defined as in Section 11-208.3.
|
| 17 | | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; |
| 18 | | 98-556, eff. 1-1-14.)
|
| 19 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
| 20 | | Sec. 11-208.3. Administrative adjudication of violations |
| 21 | | of traffic
regulations concerning the standing, parking, or |
| 22 | | condition of
vehicles, automated traffic law violations, and |
| 23 | | automated speed enforcement system violations.
|
| 24 | | (a) Any municipality or county may provide by ordinance for |
| 25 | | a system of
administrative adjudication of vehicular standing |
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| 1 | | and parking violations and
vehicle compliance violations as |
| 2 | | described in this subsection, automated traffic law violations |
| 3 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and |
| 4 | | automated speed enforcement system violations as defined in |
| 5 | | Section 11-208.8.
The administrative system shall have as its |
| 6 | | purpose the fair and
efficient enforcement of municipal or |
| 7 | | county regulations through the
administrative adjudication of |
| 8 | | automated speed enforcement system or automated traffic law |
| 9 | | violations and violations of municipal or county ordinances
|
| 10 | | regulating the standing and parking of vehicles, the condition |
| 11 | | and use of
vehicle equipment, and the display of municipal or |
| 12 | | county wheel tax licenses within the
municipality's
or county's |
| 13 | | borders. The administrative system shall only have authority to |
| 14 | | adjudicate
civil offenses carrying fines not in excess of $500 |
| 15 | | or requiring the completion of a traffic education program, or |
| 16 | | both, that occur after the
effective date of the ordinance |
| 17 | | adopting such a system under this Section.
For purposes of this |
| 18 | | Section, "compliance violation" means a violation of a
|
| 19 | | municipal or county regulation governing the condition or use |
| 20 | | of equipment on a vehicle
or governing the display of a |
| 21 | | municipal or county wheel tax license.
|
| 22 | | (b) Any ordinance establishing a system of administrative |
| 23 | | adjudication
under this Section shall provide for:
|
| 24 | | (1) A traffic compliance administrator authorized to
|
| 25 | | adopt, distribute and
process parking, compliance, and |
| 26 | | automated speed enforcement system or automated traffic |
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| 1 | | law violation notices and other notices required
by this
|
| 2 | | Section, collect money paid as fines and penalties for |
| 3 | | violation of parking
and compliance
ordinances and |
| 4 | | automated speed enforcement system or automated traffic |
| 5 | | law violations, and operate an administrative adjudication |
| 6 | | system. The traffic
compliance
administrator also may make |
| 7 | | a certified report to the Secretary of State
under Section |
| 8 | | 6-306.5.
|
| 9 | | (2) A parking, standing, compliance, automated speed |
| 10 | | enforcement system, or automated traffic law violation |
| 11 | | notice
that
shall specify the date,
time, and place of |
| 12 | | violation of a parking, standing,
compliance, automated |
| 13 | | speed enforcement system, or automated traffic law
|
| 14 | | regulation; the particular regulation
violated; any |
| 15 | | requirement to complete a traffic education program; the |
| 16 | | fine and any penalty that may be assessed for late payment |
| 17 | | or failure to complete a required traffic education |
| 18 | | program, or both,
when so provided by ordinance; the |
| 19 | | vehicle make and state registration
number; and the |
| 20 | | identification number of the
person issuing the notice.
|
| 21 | | With regard to automated speed enforcement system or |
| 22 | | automated traffic law violations, vehicle make shall be |
| 23 | | specified on the automated speed enforcement system or |
| 24 | | automated traffic law violation notice if the make is |
| 25 | | available and readily discernible. With regard to |
| 26 | | municipalities or counties with a population of 1 million |
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| 1 | | or more, it
shall be grounds for
dismissal of a parking
|
| 2 | | violation if the state registration number or vehicle make |
| 3 | | specified is
incorrect. The violation notice shall state |
| 4 | | that the completion of any required traffic education |
| 5 | | program, the payment of any indicated
fine, and the payment |
| 6 | | of any applicable penalty for late payment or failure to |
| 7 | | complete a required traffic education program, or both, |
| 8 | | shall operate as a
final disposition of the violation. The |
| 9 | | notice also shall contain
information as to the |
| 10 | | availability of a hearing in which the violation may
be |
| 11 | | contested on its merits. The violation notice shall specify |
| 12 | | the
time and manner in which a hearing may be had.
|
| 13 | | (3) Service of the parking, standing, or compliance
|
| 14 | | violation notice by affixing the
original or a facsimile of |
| 15 | | the notice to an unlawfully parked vehicle or by
handing |
| 16 | | the notice to the operator of a vehicle if he or she is
|
| 17 | | present and service of an automated speed enforcement |
| 18 | | system or automated traffic law violation notice by mail to |
| 19 | | the
address
of the registered owner or lessee of the cited |
| 20 | | vehicle as recorded with the Secretary of
State or the |
| 21 | | lessor of the motor vehicle within 30 days after the |
| 22 | | Secretary of State or the lessor of the motor vehicle |
| 23 | | notifies the municipality or county of the identity of the |
| 24 | | owner or lessee of the vehicle, but not later than 90 days |
| 25 | | after the violation, except that in the case of a lessee of |
| 26 | | a motor vehicle, service of an automated traffic law |
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| 1 | | violation notice may occur no later than 210 days after the |
| 2 | | violation. A person authorized by ordinance to issue and |
| 3 | | serve parking,
standing, and compliance
violation notices |
| 4 | | shall certify as to the correctness of the facts entered
on |
| 5 | | the violation notice by signing his or her name to the |
| 6 | | notice at
the time of service or in the case of a notice |
| 7 | | produced by a computerized
device, by signing a single |
| 8 | | certificate to be kept by the traffic
compliance
|
| 9 | | administrator attesting to the correctness of all notices |
| 10 | | produced by the
device while it was under his or her |
| 11 | | control. In the case of an automated traffic law violation, |
| 12 | | the ordinance shall
require
a
determination by a technician |
| 13 | | employed or contracted by the municipality or county that,
|
| 14 | | based on inspection of recorded images, the motor vehicle |
| 15 | | was being operated in
violation of Section 11-208.6, |
| 16 | | 11-208.9, or 11-1201.1 or a local ordinance.
If the |
| 17 | | technician determines that the
vehicle entered the |
| 18 | | intersection as part of a funeral procession or in order to
|
| 19 | | yield the right-of-way to an emergency vehicle, a citation |
| 20 | | shall not be issued. In municipalities with a population of |
| 21 | | less than 1,000,000 inhabitants and counties with a |
| 22 | | population of less than 3,000,000 inhabitants, the |
| 23 | | automated traffic law ordinance shall require that all |
| 24 | | determinations by a technician that a motor vehicle was |
| 25 | | being operated in
violation of Section 11-208.6, 11-208.9, |
| 26 | | or 11-1201.1 or a local ordinance must be reviewed and |
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| 1 | | approved by a law enforcement officer or retired law |
| 2 | | enforcement officer of the municipality or county issuing |
| 3 | | the violation. In municipalities with a population of |
| 4 | | 1,000,000 or more inhabitants and counties with a |
| 5 | | population of 3,000,000 or more inhabitants, the automated |
| 6 | | traffic law ordinance shall require that all |
| 7 | | determinations by a technician that a motor vehicle was |
| 8 | | being operated in
violation of Section 11-208.6, 11-208.9, |
| 9 | | or 11-1201.1 or a local ordinance must be reviewed and |
| 10 | | approved by a law enforcement officer or retired law |
| 11 | | enforcement officer of the municipality or county issuing |
| 12 | | the violation or by an additional fully-trained reviewing |
| 13 | | technician who is not employed by the contractor who |
| 14 | | employs the technician who made the initial determination. |
| 15 | | In the case of an automated speed enforcement system |
| 16 | | violation, the ordinance shall require a determination by a |
| 17 | | technician employed by the municipality, based upon an |
| 18 | | inspection of recorded images, video or other |
| 19 | | documentation, including documentation of the speed limit |
| 20 | | and automated speed enforcement signage, and documentation |
| 21 | | of the inspection, calibration, and certification of the |
| 22 | | speed equipment, that the vehicle was being operated in |
| 23 | | violation of Article VI of Chapter 11 of this Code or a |
| 24 | | similar local ordinance. If the technician determines that |
| 25 | | the vehicle speed was not determined by a calibrated, |
| 26 | | certified speed equipment device based upon the speed |
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| 1 | | equipment documentation, or if the vehicle was an emergency |
| 2 | | vehicle, a citation may not be issued. The automated speed |
| 3 | | enforcement ordinance shall require that all |
| 4 | | determinations by a technician that a violation occurred be |
| 5 | | reviewed and approved by a law enforcement officer or |
| 6 | | retired law enforcement officer of the municipality |
| 7 | | issuing the violation or by an additional fully trained |
| 8 | | reviewing technician who is not employed by the contractor |
| 9 | | who employs the technician who made the initial |
| 10 | | determination. Routine and independent calibration of the |
| 11 | | speeds produced by automated speed enforcement systems and |
| 12 | | equipment shall be conducted annually by a qualified |
| 13 | | technician. Speeds produced by an automated speed |
| 14 | | enforcement system shall be compared with speeds produced |
| 15 | | by lidar or other independent equipment. Radar or lidar |
| 16 | | equipment shall undergo an internal validation test no less |
| 17 | | frequently than once each week. Qualified technicians |
| 18 | | shall test loop based equipment no less frequently than |
| 19 | | once a year. Radar equipment shall be checked for accuracy |
| 20 | | by a qualified technician when the unit is serviced, when |
| 21 | | unusual or suspect readings persist, or when deemed |
| 22 | | necessary by a reviewing technician. Radar equipment shall |
| 23 | | be checked with the internal frequency generator and the |
| 24 | | internal circuit test whenever the radar is turned on. |
| 25 | | Technicians must be alert for any unusual or suspect |
| 26 | | readings, and if unusual or suspect readings of a radar |
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| 1 | | unit persist, that unit shall immediately be removed from |
| 2 | | service and not returned to service until it has been |
| 3 | | checked by a qualified technician and determined to be |
| 4 | | functioning properly. Documentation of the annual |
| 5 | | calibration results, including the equipment tested, test |
| 6 | | date, technician performing the test, and test results, |
| 7 | | shall be maintained and available for use in the |
| 8 | | determination of an automated speed enforcement system |
| 9 | | violation and issuance of a citation. The technician |
| 10 | | performing the calibration and testing of the automated |
| 11 | | speed enforcement equipment shall be trained and certified |
| 12 | | in the use of equipment for speed enforcement purposes. |
| 13 | | Training on the speed enforcement equipment may be |
| 14 | | conducted by law enforcement, civilian, or manufacturer's |
| 15 | | personnel and if applicable may be equivalent to the |
| 16 | | equipment use and operations training included in the Speed |
| 17 | | Measuring Device Operator Program developed by the |
| 18 | | National Highway Traffic Safety Administration (NHTSA). |
| 19 | | The vendor or technician who performs the work shall keep |
| 20 | | accurate records on each piece of equipment the technician |
| 21 | | calibrates and tests. As used in this paragraph, |
| 22 | | "fully-trained reviewing technician" means a person who |
| 23 | | has received at least 40 hours of supervised training in |
| 24 | | subjects which shall include image inspection and |
| 25 | | interpretation, the elements necessary to prove a |
| 26 | | violation, license plate identification, and traffic |
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| 1 | | safety and management. In all municipalities and counties, |
| 2 | | the automated speed enforcement system or automated |
| 3 | | traffic law ordinance shall require that no additional fee |
| 4 | | shall be charged to the alleged violator for exercising his |
| 5 | | or her right to an administrative hearing, and persons |
| 6 | | shall be given at least 25 days following an administrative |
| 7 | | hearing to pay any civil penalty imposed by a finding that |
| 8 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
| 9 | | similar local ordinance has been violated. The original or |
| 10 | | a
facsimile of the violation notice or, in the case of a |
| 11 | | notice produced by a
computerized device, a printed record |
| 12 | | generated by the device showing the facts
entered on the |
| 13 | | notice, shall be retained by the
traffic compliance
|
| 14 | | administrator, and shall be a record kept in the ordinary |
| 15 | | course of
business. A parking, standing, compliance, |
| 16 | | automated speed enforcement system, or automated traffic |
| 17 | | law violation notice issued,
signed and served in
|
| 18 | | accordance with this Section, a copy of the notice, or the |
| 19 | | computer
generated record shall be prima facie
correct and |
| 20 | | shall be prima facie evidence of the correctness of the |
| 21 | | facts
shown on the notice. The notice, copy, or computer |
| 22 | | generated
record shall be admissible in any
subsequent |
| 23 | | administrative or legal proceedings.
|
| 24 | | (4) An opportunity for a hearing for the registered |
| 25 | | owner of the
vehicle cited in the parking, standing, |
| 26 | | compliance, automated speed enforcement system, or |
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| 1 | | automated traffic law violation notice in
which the owner |
| 2 | | may
contest the merits of the alleged violation, and during |
| 3 | | which formal or
technical rules of evidence shall not |
| 4 | | apply; provided, however, that under
Section 11-1306 of |
| 5 | | this Code the lessee of a vehicle cited in the
violation |
| 6 | | notice likewise shall be provided an opportunity for a |
| 7 | | hearing of
the same kind afforded the registered owner. The |
| 8 | | hearings shall be
recorded, and the person conducting the |
| 9 | | hearing on behalf of the traffic
compliance
administrator |
| 10 | | shall be empowered to administer oaths and to secure by
|
| 11 | | subpoena both the attendance and testimony of witnesses and |
| 12 | | the production
of relevant books and papers. Persons |
| 13 | | appearing at a hearing under this
Section may be |
| 14 | | represented by counsel at their expense. The ordinance may
|
| 15 | | also provide for internal administrative review following |
| 16 | | the decision of
the hearing officer.
|
| 17 | | (5) Service of additional notices, sent by first class |
| 18 | | United States
mail, postage prepaid, to the address of the |
| 19 | | registered owner of the cited
vehicle as recorded with the |
| 20 | | Secretary of State or, if any notice to that address is |
| 21 | | returned as undeliverable, to the last known address |
| 22 | | recorded in a United States Post Office approved database,
|
| 23 | | or, under Section 11-1306
or subsection (p) of Section |
| 24 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 |
| 25 | | of this Code, to the lessee of the cited vehicle at the |
| 26 | | last address known
to the lessor of the cited vehicle at |
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| 1 | | the time of lease or, if any notice to that address is |
| 2 | | returned as undeliverable, to the last known address |
| 3 | | recorded in a United States Post Office approved database.
|
| 4 | | The service shall
be deemed complete as of the date of |
| 5 | | deposit in the United States mail.
The notices shall be in |
| 6 | | the following sequence and shall include but not be
limited |
| 7 | | to the information specified herein:
|
| 8 | | (i) A second notice of parking, standing, or |
| 9 | | compliance violation. This notice shall specify the
|
| 10 | | date and location of the violation cited in the |
| 11 | | parking,
standing,
or compliance violation
notice, the |
| 12 | | particular regulation violated, the vehicle
make and |
| 13 | | state registration number, any requirement to complete |
| 14 | | a traffic education program, the fine and any penalty |
| 15 | | that may be
assessed for late payment or failure to |
| 16 | | complete a traffic education program, or both, when so |
| 17 | | provided by ordinance, the availability
of a hearing in |
| 18 | | which the violation may be contested on its merits, and |
| 19 | | the
time and manner in which the hearing may be had. |
| 20 | | The notice of violation
shall also state that failure |
| 21 | | to complete a required traffic education program, to |
| 22 | | pay the indicated fine and any
applicable penalty, or |
| 23 | | to appear at a hearing on the merits in the time and
|
| 24 | | manner specified, will result in a final determination |
| 25 | | of violation
liability for the cited violation in the |
| 26 | | amount of the fine or penalty
indicated, and that, upon |
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| 1 | | the occurrence of a final determination of violation |
| 2 | | liability for the failure, and the exhaustion of, or
|
| 3 | | failure to exhaust, available administrative or |
| 4 | | judicial procedures for
review, any incomplete traffic |
| 5 | | education program or any unpaid fine or penalty, or |
| 6 | | both, will constitute a debt due and owing
the |
| 7 | | municipality or county.
|
| 8 | | (ii) A notice of final determination of parking, |
| 9 | | standing,
compliance, automated speed enforcement |
| 10 | | system, or automated traffic law violation liability.
|
| 11 | | This notice shall be sent following a final |
| 12 | | determination of parking,
standing, compliance, |
| 13 | | automated speed enforcement system, or automated |
| 14 | | traffic law
violation liability and the conclusion of |
| 15 | | judicial review procedures taken
under this Section. |
| 16 | | The notice shall state that the incomplete traffic |
| 17 | | education program or the unpaid fine or
penalty, or |
| 18 | | both, is a debt due and owing the municipality or |
| 19 | | county. The notice shall contain
warnings that failure |
| 20 | | to complete any required traffic education program or |
| 21 | | to pay any fine or penalty due and owing the
|
| 22 | | municipality or county, or both, within the time |
| 23 | | specified may result in the municipality's
or county's |
| 24 | | filing of a petition in the Circuit Court to have the |
| 25 | | incomplete traffic education program or unpaid
fine or |
| 26 | | penalty, or both, rendered a judgment as provided by |
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| 1 | | this Section, or, where applicable, may
result in |
| 2 | | suspension of the person's driver's drivers license |
| 3 | | for failure to complete a traffic education program or |
| 4 | | to pay
fines or penalties, or both, for 10 or more |
| 5 | | parking violations under Section 6-306.5, or a |
| 6 | | combination of 5 or more automated traffic law |
| 7 | | violations under Section 11-208.6 or 11-208.9 or |
| 8 | | automated speed enforcement system violations under |
| 9 | | Section 11-208.8.
|
| 10 | | (6) A notice of impending driver's drivers license |
| 11 | | suspension. This
notice shall be sent to the person liable |
| 12 | | for failure to complete a required traffic education |
| 13 | | program or to pay any fine or penalty that
remains due and |
| 14 | | owing, or both, on 10 or more parking
violations or |
| 15 | | combination of 5 or more unpaid automated speed enforcement |
| 16 | | system or automated traffic law violations. The notice
|
| 17 | | shall state that failure to complete a required traffic |
| 18 | | education program or to pay the fine or penalty owing, or |
| 19 | | both, within 45 days of
the notice's date will result in |
| 20 | | the municipality or county notifying the Secretary
of State |
| 21 | | that the person is eligible for initiation of suspension
|
| 22 | | proceedings under Section 6-306.5 of this Code. The notice |
| 23 | | shall also state
that the person may obtain a photostatic |
| 24 | | copy of an original ticket imposing a
fine or penalty by |
| 25 | | sending a self addressed, stamped envelope to the
|
| 26 | | municipality or county along with a request for the |
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| 1 | | photostatic copy.
The notice of impending driver's
drivers |
| 2 | | license suspension shall be sent by first class United |
| 3 | | States mail,
postage prepaid, to the address recorded with |
| 4 | | the Secretary of State or, if any notice to that address is |
| 5 | | returned as undeliverable, to the last known address |
| 6 | | recorded in a United States Post Office approved database. |
| 7 | | (6.5) In the case of a notice of impending driver's |
| 8 | | license suspension issued under subsection (6) of this |
| 9 | | Section for failure to pay any fine or penalty due and |
| 10 | | owing on 10 or more violations of local standing, parking, |
| 11 | | or compliance regulations, an additional notice that the |
| 12 | | individual subject to the driver's license suspension has |
| 13 | | the right to request a hearing under Section 11-208.3a of |
| 14 | | this Code for the purpose of determining whether the |
| 15 | | individual cannot pay the fines or penalties because he or |
| 16 | | she is indigent or has a limited income. |
| 17 | | (A) The notice shall be in substantially the |
| 18 | | following form:
|
| 19 | | "NOTICE OF YOUR RIGHT TO A PRE-SUSPENSION HEARING |
| 20 | | Your driver's license is at risk of being suspended |
| 21 | | on (date of possible suspension) because you have |
| 22 | | failed to pay fines and/or penalties due and owing on |
| 23 | | 10 or more violations of local standing, parking, or |
| 24 | | compliance regulations to (Name of municipality or |
| 25 | | county). These violations include: |
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| 1 | | [list of all fines or penalties for violations of a |
| 2 | | municipality's or county's vehicular standing, |
| 3 | | parking, or compliance regulations leading to the |
| 4 | | proposed suspension] |
| 5 | | You have the right to request a hearing to |
| 6 | | determine whether you are unable to pay the fines or |
| 7 | | penalties because of a financial hardship. If the |
| 8 | | hearing officer determines that you are unable to pay |
| 9 | | because of a financial hardship, then you may be placed |
| 10 | | on a payment plan based on your income and your |
| 11 | | driver's license will not be suspended. |
| 12 | | You can request a hearing by filling out the |
| 13 | | enclosed form and mailing it to (address and phone |
| 14 | | number of municipality or county). (Municipality or |
| 15 | | County) may also accept requests by email at (insert |
| 16 | | email here, if applicable).". |
| 17 | | (B) The notice of impending suspension set forth in |
| 18 | | this subparagraph shall be accompanied by a request for |
| 19 | | hearing with the relevant information inserted by the |
| 20 | | municipality or county. The request for hearing shall |
| 21 | | be in substantially the following form:
|
| 22 | | "REQUEST FOR HEARING |
| 23 | | Re: [Driver's License number and any other account |
| 24 | | number used by the municipality or county]: |
| 25 | | To: |
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| 1 | | Name of Municipality or County.................... |
| 2 | | Mailing Address................... |
| 3 | | I, (insert name), hereby request a pre-suspension |
| 4 | | hearing.
|
| 5 | | ............................................ |
| 6 | | (Signed by) (Date)".
|
| 7 | | (7) Final determinations of violation liability. A |
| 8 | | final
determination of violation liability shall occur |
| 9 | | following failure to complete the required traffic |
| 10 | | education program or
to pay the fine or penalty, or both, |
| 11 | | after a hearing officer's determination of violation |
| 12 | | liability and the exhaustion of or failure to exhaust any
|
| 13 | | administrative review procedures provided by ordinance. |
| 14 | | Where a person
fails to appear at a hearing to contest the |
| 15 | | alleged violation in the time
and manner specified in a |
| 16 | | prior mailed notice, the hearing officer's
determination |
| 17 | | of violation liability shall become final: (A) upon
denial |
| 18 | | of a timely petition to set aside that determination, or |
| 19 | | (B) upon
expiration of the period for filing the petition |
| 20 | | without a
filing having been made.
|
| 21 | | (8) A petition to set aside a determination of parking, |
| 22 | | standing,
compliance, automated speed enforcement system, |
| 23 | | or automated traffic law violation
liability that may be |
| 24 | | filed by a person owing an unpaid fine or penalty. A |
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| 1 | | petition to set aside a determination of liability may also |
| 2 | | be filed by a person required to complete a traffic |
| 3 | | education program.
The petition shall be filed with and |
| 4 | | ruled upon by the traffic compliance
administrator in the |
| 5 | | manner and within the time specified by ordinance.
The |
| 6 | | grounds for the petition may be limited to: (A) the person |
| 7 | | not having
been the owner or lessee of the cited vehicle on |
| 8 | | the date the
violation notice was issued, (B) the person |
| 9 | | having already completed the required traffic education |
| 10 | | program or paid the fine or
penalty, or both, for the |
| 11 | | violation in question, and (C) excusable failure to
appear |
| 12 | | at or
request a new date for a hearing.
With regard to |
| 13 | | municipalities or counties with a population of 1 million |
| 14 | | or more, it
shall be grounds for
dismissal of a
parking |
| 15 | | violation if the state registration number, or vehicle make |
| 16 | | if specified, is
incorrect. After the determination of
|
| 17 | | parking, standing, compliance, automated speed enforcement |
| 18 | | system, or automated traffic law violation liability has |
| 19 | | been set aside
upon a showing of just
cause, the registered |
| 20 | | owner shall be provided with a hearing on the merits
for |
| 21 | | that violation.
|
| 22 | | (9) Procedures for non-residents. Procedures by which |
| 23 | | persons who are
not residents of the municipality or county |
| 24 | | may contest the merits of the alleged
violation without |
| 25 | | attending a hearing.
|
| 26 | | (10) A schedule of civil fines for violations of |
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| 1 | | vehicular standing,
parking, compliance, automated speed |
| 2 | | enforcement system, or automated traffic law regulations |
| 3 | | enacted by ordinance pursuant to this
Section, and a
|
| 4 | | schedule of penalties for late payment of the fines or |
| 5 | | failure to complete required traffic education programs, |
| 6 | | provided, however,
that the total amount of the fine and |
| 7 | | penalty for any one violation shall
not exceed $250, except |
| 8 | | as provided in subsection (c) of Section 11-1301.3 of this |
| 9 | | Code.
|
| 10 | | (11) Other provisions as are necessary and proper to |
| 11 | | carry into
effect the powers granted and purposes stated in |
| 12 | | this Section.
|
| 13 | | (c) Any municipality or county establishing vehicular |
| 14 | | standing, parking,
compliance, automated speed enforcement |
| 15 | | system, or automated traffic law
regulations under this Section |
| 16 | | may also provide by ordinance for a
program of vehicle |
| 17 | | immobilization for the purpose of facilitating
enforcement of |
| 18 | | those regulations. The program of vehicle
immobilization shall |
| 19 | | provide for immobilizing any eligible vehicle upon the
public |
| 20 | | way by presence of a restraint in a manner to prevent operation |
| 21 | | of
the vehicle. Any ordinance establishing a program of vehicle
|
| 22 | | immobilization under this Section shall provide:
|
| 23 | | (1) Criteria for the designation of vehicles eligible |
| 24 | | for
immobilization. A vehicle shall be eligible for |
| 25 | | immobilization when the
registered owner of the vehicle has |
| 26 | | accumulated the number of incomplete traffic education |
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| 1 | | programs or unpaid final
determinations of parking, |
| 2 | | standing, compliance, automated speed enforcement system, |
| 3 | | or automated traffic law violation liability, or both, as
|
| 4 | | determined by ordinance.
|
| 5 | | (2) A notice of impending vehicle immobilization and a |
| 6 | | right to a
hearing to challenge the validity of the notice |
| 7 | | by disproving liability
for the incomplete traffic |
| 8 | | education programs or unpaid final determinations of |
| 9 | | parking, standing, compliance, automated speed enforcement |
| 10 | | system, or automated traffic law
violation liability, or |
| 11 | | both, listed
on the notice.
|
| 12 | | (3) The right to a prompt hearing after a vehicle has |
| 13 | | been immobilized
or subsequently towed without the |
| 14 | | completion of the required traffic education program or |
| 15 | | payment of the outstanding fines and
penalties on parking, |
| 16 | | standing, compliance, automated speed enforcement system, |
| 17 | | or automated traffic law violations, or both, for which |
| 18 | | final
determinations have been
issued. An order issued |
| 19 | | after the hearing is a final administrative
decision within |
| 20 | | the meaning of Section 3-101 of the Code of Civil |
| 21 | | Procedure.
|
| 22 | | (4) A post immobilization and post-towing notice |
| 23 | | advising the registered
owner of the vehicle of the right |
| 24 | | to a hearing to challenge the validity
of the impoundment.
|
| 25 | | (d) Judicial review of final determinations of parking, |
| 26 | | standing,
compliance, automated speed enforcement system, or |
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| 1 | | automated traffic law
violations and final administrative |
| 2 | | decisions issued after hearings
regarding vehicle |
| 3 | | immobilization and impoundment made
under this Section shall be |
| 4 | | subject to the provisions of
the Administrative Review Law.
|
| 5 | | (e) Any fine, penalty, incomplete traffic education |
| 6 | | program, or part of any fine or any penalty remaining
unpaid |
| 7 | | after the exhaustion of, or the failure to exhaust, |
| 8 | | administrative
remedies created under this Section and the |
| 9 | | conclusion of any judicial
review procedures shall be a debt |
| 10 | | due and owing the municipality or county and, as
such, may be |
| 11 | | collected in accordance with applicable law. Completion of any |
| 12 | | required traffic education program and payment in full
of any |
| 13 | | fine or penalty resulting from a standing, parking,
compliance, |
| 14 | | automated speed enforcement system, or automated traffic law |
| 15 | | violation shall
constitute a final disposition of that |
| 16 | | violation.
|
| 17 | | (f) After the expiration of the period within which |
| 18 | | judicial review may
be sought for a final determination of |
| 19 | | parking, standing, compliance, automated speed enforcement |
| 20 | | system, or automated traffic law
violation, the municipality
or |
| 21 | | county may commence a proceeding in the Circuit Court for |
| 22 | | purposes of obtaining a
judgment on the final determination of |
| 23 | | violation. Nothing in this
Section shall prevent a municipality |
| 24 | | or county from consolidating multiple final
determinations of |
| 25 | | parking, standing, compliance, automated speed enforcement |
| 26 | | system, or automated traffic law violations against a
person in |
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| 1 | | a proceeding.
Upon commencement of the action, the municipality |
| 2 | | or county shall file a certified
copy or record of the final |
| 3 | | determination of parking, standing, compliance, automated |
| 4 | | speed enforcement system, or automated traffic law
violation, |
| 5 | | which shall be
accompanied by a certification that recites |
| 6 | | facts sufficient to show that
the final determination of |
| 7 | | violation was
issued in accordance with this Section and the |
| 8 | | applicable municipal
or county ordinance. Service of the |
| 9 | | summons and a copy of the petition may be by
any method |
| 10 | | provided by Section 2-203 of the Code of Civil Procedure or by
|
| 11 | | certified mail, return receipt requested, provided that the |
| 12 | | total amount of
fines and penalties for final determinations of |
| 13 | | parking, standing,
compliance, automated speed enforcement |
| 14 | | system, or automated traffic law violations does not
exceed |
| 15 | | $2500. If the court is satisfied that the final determination |
| 16 | | of
parking, standing, compliance, automated speed enforcement |
| 17 | | system, or automated traffic law violation was entered in |
| 18 | | accordance with
the requirements of
this Section and the |
| 19 | | applicable municipal or county ordinance, and that the |
| 20 | | registered
owner or the lessee, as the case may be, had an |
| 21 | | opportunity for an
administrative hearing and for judicial |
| 22 | | review as provided in this Section,
the court shall render |
| 23 | | judgment in favor of the municipality or county and against
the |
| 24 | | registered owner or the lessee for the amount indicated in the |
| 25 | | final
determination of parking, standing, compliance, |
| 26 | | automated speed enforcement system, or automated traffic law |
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| 1 | | violation, plus costs.
The judgment shall have
the same effect |
| 2 | | and may be enforced in the same manner as other judgments
for |
| 3 | | the recovery of money.
|
| 4 | | (g) The fee for participating in a traffic education |
| 5 | | program under this Section shall not exceed $25. |
| 6 | | A low-income individual required to complete a traffic |
| 7 | | education program under this Section who provides proof of |
| 8 | | eligibility for the federal earned income tax credit under |
| 9 | | Section 32 of the Internal Revenue Code or the Illinois earned |
| 10 | | income tax credit under Section 212 of the Illinois Income Tax |
| 11 | | Act shall not be required to pay any fee for participating in a |
| 12 | | required traffic education program. |
| 13 | | (Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, |
| 14 | | eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
|
| 15 | | (625 ILCS 5/11-208.3a new) |
| 16 | | Sec. 11-208.3a. Hearing to determine ability to satisfy |
| 17 | | fines or
penalties for 10 or more violations of local
standing, |
| 18 | | parking, or compliance regulations. |
| 19 | | (a) If an individual requests a hearing as provided in |
| 20 | | subparagraph (6.5) of Section 11-208.3 of this Code, the |
| 21 | | municipality or county shall provide at least 21 days' written |
| 22 | | notice of the hearing. The notice shall: |
| 23 | | (1) include a clear and prominent statement that the |
| 24 | | hearing will determine whether the individual's driver's |
| 25 | | license will be suspended for failing to pay fines or |
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| 1 | | penalties for violations of a municipality's or county's |
| 2 | | vehicular standing, parking, or compliance regulations; |
| 3 | | (2) include a list of all fines or penalties for |
| 4 | | violations of a municipality's or county's vehicular |
| 5 | | standing, parking, or compliance regulations leading to |
| 6 | | the proposed suspension; |
| 7 | | (3) clearly inform the individual that: |
| 8 | | (A) at the hearing, a hearing officer may determine |
| 9 | | whether the individual failed to pay the fines or |
| 10 | | penalties due and owing because of financial hardship; |
| 11 | | (B) if the hearing officer determines that the |
| 12 | | individual failed to pay the fines or penalties due and |
| 13 | | owing because of financial hardship, then the hearing |
| 14 | | officer shall determine an amount, if any, that the |
| 15 | | individual can afford in a payment plan; |
| 16 | | (C) at the hearing, the individual may: (I) provide |
| 17 | | information that he or she is unable to pay the amount |
| 18 | | due and owing; (II) provide evidence that the |
| 19 | | municipality or county is relying on inaccurate |
| 20 | | information; or (III) otherwise provide a defense to |
| 21 | | the suspension; |
| 22 | | (D) the individual should bring documents that |
| 23 | | show the individual's income, including pay stubs, tax |
| 24 | | returns, and any documents that show that he or she is |
| 25 | | participating in a program for low-income individuals, |
| 26 | | such as the Supplemental Nutrition Assistance Program |
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| 1 | | or Medicaid; |
| 2 | | (4) provide the date, time, and location of the |
| 3 | | hearing; and |
| 4 | | (5) include information about how to request a new |
| 5 | | hearing date if the individual cannot attend the hearing. |
| 6 | | Except in the case of an emergency, a request by an |
| 7 | | individual for a new hearing date shall be made no fewer than 3 |
| 8 | | days before the scheduled hearing. |
| 9 | | Notice shall be served by first class United States mail, |
| 10 | | postage prepaid, to the address of the registered owner or |
| 11 | | lessee of the cited vehicle as recorded with the Secretary of |
| 12 | | State or the lessor of the motor vehicle or, if any notice to |
| 13 | | that address is returned as undeliverable or unclaimed, by |
| 14 | | first class mail to the last known address recorded in a United |
| 15 | | States Post Office approved database. |
| 16 | | (b) The hearing officer shall make a determination |
| 17 | | concerning the individual's ability to pay. |
| 18 | | (1) An individual is indigent if he or she: |
| 19 | | (A) has a household income of 200% or less than the |
| 20 | | Federal Poverty Level; or |
| 21 | | (B) participates in any of the following programs: |
| 22 | | Supplemental Security Income; Social Security |
| 23 | | Disability Income; the Special Supplemental Nutrition |
| 24 | | Program for Women, Infants and Children; Aid to the |
| 25 | | Aged, Blind, and Disabled; Temporary Assistance for |
| 26 | | Needy Families; Unemployment Insurance Benefits; |
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| 1 | | Medicaid; Supplemental Nutrition Assistance Program; |
| 2 | | General Assistance; Transitional Assistance; or State |
| 3 | | Children and Family Assistance. |
| 4 | | (2) An individual has a limited income if: |
| 5 | | (A) his or her household income is more than 200% |
| 6 | | but less than 400% of Federal Poverty Level; or |
| 7 | | (B) the hearing officer determines that the |
| 8 | | individual cannot pay fines or penalties without using |
| 9 | | money that normally would pay for the common |
| 10 | | necessities of life of the individual and his or her |
| 11 | | family. |
| 12 | | (c) An individual may demonstrate that he or she is |
| 13 | | indigent or of limited income by providing any of the |
| 14 | | following: |
| 15 | | (1) proof of income from a pay stub, bank statement, |
| 16 | | tax return, rent, or other evidence of earnings; |
| 17 | | (2) eligibility cards or electronic benefit cards or |
| 18 | | other documents that show participation in a public |
| 19 | | benefits programs described in subdivision (c)(1)(B); or |
| 20 | | (3) an attestation, made under penalty of perjury, of |
| 21 | | the individual's indigent status. |
| 22 | | (d) A hearing officer may continue a hearing as needed to |
| 23 | | allow the individual to present additional information or |
| 24 | | enable the hearing officer to make additional determinations. |
| 25 | | (e) In the case of an indigent individual, unless the |
| 26 | | hearing officer determines that a payment plan of any amount |
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| 1 | | would cause the individual hardship, the hearing officer shall |
| 2 | | establish a monthly payment plan of the greater of $1 or 0.5% |
| 3 | | of the individual's average monthly income. The payment plan |
| 4 | | shall continue until the earlier of: |
| 5 | | (1) 60 months of payments on the plan; or |
| 6 | | (2) the individual has satisfied the amount due and |
| 7 | | owing. |
| 8 | | After the earlier of item (1) or (2) of this subsection |
| 9 | | takes place, the fines or penalties shall be deemed to be |
| 10 | | satisfied. |
| 11 | | (f) In the case of a limited income individual, unless the |
| 12 | | hearing officer determines that a payment plan of any amount |
| 13 | | would cause the individual hardship, the hearing officer shall |
| 14 | | establish a monthly payment plan of no more than 5% of the |
| 15 | | individual's average monthly income. The payment plan shall |
| 16 | | continue until the earlier of: |
| 17 | | (1) 60 months of payments on the plan; or |
| 18 | | (2) the individual has satisfied the amount due and |
| 19 | | owing. |
| 20 | | After the earlier of item (1) or (2) of this subsection |
| 21 | | takes place, the fines or penalties shall be deemed to be |
| 22 | | satisfied. |
| 23 | | (g) If the individual makes timely payments on a payment |
| 24 | | plan ordered under this Section, the municipality or county may |
| 25 | | not pursue other means to collect on the debt. If the |
| 26 | | individual misses a payment, the municipality or county may, |
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| 1 | | after providing the individual with 60 days' written notice and |
| 2 | | an opportunity to come current, pursue collection of the debt. |
| 3 | | The municipality or county may not cause the suspension of the |
| 4 | | driver's license of an indigent person as part of the debt |
| 5 | | collection activities of the municipality or county. |
| 6 | | (h) If the individual does not appear at the pre-suspension |
| 7 | | hearing, the municipality or county shall provide written |
| 8 | | notice of the outcome of the hearing by first class mail, |
| 9 | | postage prepaid. |
| 10 | | (i) An individual whose driver's license is suspended |
| 11 | | because of 10 or more violations of vehicular standing, |
| 12 | | parking, or compliance regulations may request a hearing under |
| 13 | | this Section to determine ability to pay and establish a |
| 14 | | payment plan by submitting a request in writing to the |
| 15 | | municipal or county authority that collects unpaid fines or |
| 16 | | penalties for violations of vehicular standing, parking, or |
| 17 | | compliance regulations.
Any notice regarding the suspension of |
| 18 | | a driver's license issued by the municipality or county shall |
| 19 | | inform the individual about how to request a hearing under this |
| 20 | | Section. |
| 21 | | (j)
An individual on a payment plan who has experienced a |
| 22 | | reduction in income may request a hearing under this Section by |
| 23 | | submitting a request in writing to the municipal or county |
| 24 | | authority that collects unpaid fines or penalties for |
| 25 | | violations of vehicular standing, parking, or compliance |
| 26 | | regulations. |
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| 1 | | (k) Nothing in this Section prohibits an individual who is |
| 2 | | not indigent or of limited income from agreeing to a payment |
| 3 | | plan with the municipality or county in order to satisfy the |
| 4 | | financial obligations and avoid suspension of the driver's |
| 5 | | license of the individual.
|
| 6 | | (625 ILCS 5/6-205.2 rep.) |
| 7 | | (625 ILCS 5/6-306.7 rep.) |
| 8 | | Section 10. The Illinois Vehicle Code is amended by |
| 9 | | repealing Sections 6-205.2 and 6-306.7.
|
| 10 | | Section 99. Effective date. This Act takes effect July 1, |
| 11 | | 2019.".
|