Bill Text: IL HB3914 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the School Code to provide that school districts must provide instruction in relation to the laws regarding the operation of all-terrain vehicles and off-highway motorcycles in grades kindergarten through 12 and may include the instruction in social studies, American government, driver education, or other appropriate courses of study. Amends the Illinois Vehicle Code to prohibit any use of all-terrain vehicles or off-highway vehicles on roads. Provides that the Secretary of State may suspend a person's driver's license for 6 months for a violation of provisions relating to the illegal use of all-terrain vehicles and off-highway motorcycles on streets and riding an all-terrain vehicle or off-highway motorcycle as a passenger. Provides that it is illegal to operate an all-terrain vehicle or off-highway motorcycle if the operator is under the age of 16, does not have a valid driver's license, or is not wearing a properly fitted helmet secured to the person's head. Provides that a person must demonstrate knowledge of all-terrain vehicle and off-highway motorcycle laws on the written examination for a driver's license, and provides that information relating to all-terrain vehicle and off-highway motorcycle laws must be contained in publications of the "Rules of the Road" by the Secretary of State and "Laws for Youth" by the Legislative Research Unit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3914 Detail]

Download: Illinois-2009-HB3914-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3914 Introduced 2/26/2009, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
See Index
Amends the School Code to provide that school districts must provide instruction in relation to the laws regarding the operation of all-terrain vehicles and off-highway motorcycles in grades kindergarten through 12 and may include the instruction in social studies, American government, driver education, or other appropriate courses of study. Amends the Illinois Vehicle Code to prohibit any use of all-terrain vehicles or off-highway vehicles on roads. Provides that the Secretary of State may suspend a person's driver's license for 6 months for a violation of provisions relating to the illegal use of all-terrain vehicles and off-highway motorcycles on streets and riding an all-terrain vehicle or off-highway motorcycle as a passenger. Provides that it is illegal to operate an all-terrain vehicle or off-highway motorcycle if the operator is under the age of 16, does not have a valid driver's license, or is not wearing a properly fitted helmet secured to the person's head. Provides that a person must demonstrate knowledge of all-terrain vehicle and off-highway motorcycle laws on the written examination for a driver's license, and provides that information relating to all-terrain vehicle and off-highway motorcycle laws must be contained in publications of the "Rules of the Road" by the Secretary of State and "Laws for Youth" by the Legislative Research Unit.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning all-terrain vehicles, which may be
referred to as Lacee's Law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
27-24.2 and by adding Section 27-23.8 as follows:
(105 ILCS 5/27-23.8 new)
Sec. 27-23.8. Education on all-terrain vehicle and
off-highway motorcycle laws. School districts shall provide
instruction in relation to the laws regarding the operation of
all-terrain vehicles, as defined by Section 1-101.8 of the
Illinois Vehicle Code, and off-highway motorcycles, as defined
by Section 1-153.1 of the Illinois Vehicle Code, in grades
kindergarten through 12 and shall include such instruction in
social studies, American government, driver education, or
other appropriate courses of study. The instruction shall
emphasize that the illegal operation of all-terrain vehicles
and off-highway motorcycles presents a serious safety hazard to
persons who operate all-terrain vehicles and off-highway
motorcycles in violation of the laws of this State. The State
Board of Education may assist in the development of
instructional materials and teacher training in relation to
all-terrain vehicle and off-highway motorcycle laws.

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(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
Sec. 27-24.2. Driver education course. Any school district
which maintains grades 9 through 12 shall offer a driver
education course in any such school which it operates. Both the
classroom instruction part and the practice driving part of
such driver education course shall be open to a resident or
non-resident pupil attending a non-public school in the
district wherein the course is offered and to each resident of
the district who acquires or holds a currently valid driver's
license during the term of the course and who is at least 15
but has not reached 21 years of age, without regard to whether
any such person is enrolled in any other course offered in any
school that the district operates. Each student attending any
public or non-public high school in the district must receive a
passing grade in at least 8 courses during the previous 2
semesters prior to enrolling in a driver education course, or
the student shall not be permitted to enroll in the course;
provided that the local superintendent of schools (with respect
to a student attending a public high school in the district) or
chief school administrator (with respect to a student attending
a non-public high school in the district) may waive the
requirement if the superintendent or chief school
administrator, as the case may be, deems it to be in the best
interest of the student. Any school district required to offer
a driver education course or courses as provided in this

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Section also is authorized to offer either the classroom
instruction part or the practice driving part or both such
parts of a driver education course to any resident of the
district who is over age 55; provided that any such school
district which elects to offer either or both parts of such
course to such residents shall be entitled to make either or
both parts of such course available to such residents at any
attendance center or centers within the district designated by
the school board; and provided further that no part of any such
driver education course shall be offered to any resident of the
district over age 55 unless space therein remains available
after all persons to whom such part of the driver education
course is required to be open as provided in this Section and
who have requested such course have registered therefor, and
unless such resident of the district over age 55 is a person
who has not previously been licensed as a driver under the laws
of this or any other state or country. However, a student may
be allowed to commence the classroom instruction part of such
driver education course prior to reaching age 15 if such
student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom
instruction.
Such a driver education course shall include classroom
instruction on distracted driving as a major traffic safety
issue. Such a driver education course may include classroom
instruction on the safety rules and operation of motorcycles or

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motor driven cycles. Such a driver education course must
include classroom instruction on the safety rules and operation
of all-terrain vehicles and off-highway motorcycles.
Such a course may be commenced immediately after the
completion of a prior course. Teachers of such courses shall
meet the certification requirements of this Act and regulations
of the State Board as to qualifications.
(Source: P.A. 95-339, eff. 8-21-07.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-109, 6-206, 11-501, 11-1426, and 11-1427
and by adding Section 11-1427.5 as follows:
(625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
Sec. 6-109. Examination of Applicants.
(a) The Secretary of State shall examine every applicant
for a driver's license or permit who has not been previously
licensed as a driver under the laws of this State or any other
state or country, or any applicant for renewal of such driver's
license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject
to the provisions of paragraph (c), examine every licensed
driver at least every 8 years, and may examine or re-examine
any other applicant or licensed driver, provided that during
the years 1984 through 1991 those drivers issued a license for
3 years may be re-examined not less than every 7 years or more

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than every 10 years.
The Secretary of State shall require the testing of the
eyesight of any driver's license or permit applicant who has
not been previously licensed as a driver under the laws of this
State and shall promulgate rules and regulations to provide for
the orderly administration of all the provisions of this
Section.
(b) Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his ability to read and understand official traffic
control devices, his knowledge of safe driving practices and
the traffic and all-terrain vehicle or off-highway motorcycle
laws of this State, and may include an actual demonstration of
the applicant's ability to exercise ordinary and reasonable
control of the operation of a motor vehicle, and such further
physical and mental examination as the Secretary of State finds
necessary to determine the applicant's fitness to operate a
motor vehicle safely on the highways, except the examination of
an applicant 75 years of age or older shall include an actual
demonstration of the applicant's ability to exercise ordinary
and reasonable control of the operation of a motor vehicle. All
portions of written and verbal examinations under this Section,
excepting where the English language appears on facsimiles of
road signs, may be given in the Spanish language and, at the
discretion of the Secretary of State, in any other language as
well as in English upon request of the examinee. Deaf persons

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who are otherwise qualified are not prohibited from being
issued a license, other than a commercial driver's license,
under this Code.
(c) Re-examination for those applicants who at the time of
renewing their driver's license possess a driving record devoid
of any convictions of traffic violations or evidence of
committing an offense for which mandatory revocation would be
required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary in
order to determine an applicant's ability to safely operate a
motor vehicle, except that every applicant for the renewal of a
driver's license who is 75 years of age or older must prove, by
an actual demonstration, the applicant's ability to exercise
reasonable care in the safe operation of a motor vehicle.
(d) In the event the applicant is not ineligible under the
provisions of Section 6-103 to receive a driver's license, the
Secretary of State shall make provision for giving an
examination, either in the county where the applicant resides
or at a place adjacent thereto reasonably convenient to the
applicant, within not more than 30 days from the date said
application is received.
(Source: P.A. 91-350, eff. 7-29-99.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.

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(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death or
injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the Secretary
of State under the provisions of this subsection shall

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start no later than 6 months after being convicted of
violating a law or ordinance regulating the movement of
traffic, which violation is related to the accident, or
shall start not more than one year after the date of the
accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or

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suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;

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18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or

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6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine

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Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful

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use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;

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37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code within 2 years of the date of
the previous violation, in which case the suspension shall
be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this

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Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person; or .
46. Has committed a violation of Section 11-1426,
paragraph (4) of subsection (i) of Section 11-1427 of this
Code, or similar provisions of a local ordinance, in which
case the suspension shall be for a period of 6 months.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the

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time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed

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affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the

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petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children living in the
petitioner's household to and from daycare. The petitioner
must demonstrate that no alternative means of
transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of

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the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension under
Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount

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not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to

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cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, or the
Secretary of State. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon

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request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;

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95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09;
revised 9-5-08.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any motor vehicle, as defined by Section 1-146 of
this Code, within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree
that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting

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from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any
charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,

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if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, shall be
subject, in addition to any other penalty that may be
imposed, to a mandatory minimum of 100 hours of community
service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection

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(a) while driving a school bus with persons 18 years of
age or younger on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
or a similar provision of a law of another state
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person
has previously been convicted under subparagraph (C)
or subparagraph (F) of this paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;

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(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being

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transported by the person, if the violation was the
proximate cause of the injury; or
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was
transporting a person under the age of 16, a mandatory fine
of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If

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at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(E) A sixth or subsequent violation of this Section or

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similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph

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(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.

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(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
(625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)
Sec. 11-1426. Operation of all-terrain vehicles and
off-highway motorcycles on streets, roads and highways.
(a) Except as provided under this Section, it shall be
unlawful for any person to drive or operate any all-terrain
vehicle or off-highway motorcycle upon any street, highway or
roadway in this State.
(a-1) (Blank). It shall not be unlawful for any person to
drive or operate any all-terrain vehicle upon any county
roadway or township roadway for the purpose of conducting

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farming operations to and from the home, farm, farm buildings,
and any adjacent or nearby farm land. An all-terrain vehicle
that is operated on a county or township roadway at any time
between one-half hour before sunset and one-half hour after
sunrise must be equipped with head lamps and tail lamps, and
the head lamps and tail lamps must be lighted.
(b) Except as provided under subsection (c) of this
Section, all-terrain vehicles and off-highway motorcycles may
make a direct crossing provided:
(1) The crossing is made at an angle of approximately
90 degrees to the direction of the street, road or highway
and at a place where no obstruction prevents a quick and
safe crossing; and
(2) The all-terrain vehicle or off-highway motorcycle
is brought to a complete stop before attempting a crossing;
and
(3) The operator of the all-terrain vehicle or
off-highway motorcycle yields the right of way to all
pedestrian and vehicular traffic which constitutes a
hazard; and
(4) That when crossing a divided highway, the crossing
is made only at an intersection of the highway with another
public street, road, or highway; and
(5) That when accessing township roadways in counties
which contain a tract of the Shawnee National Forest, the
accessing complies with rules promulgated by the

HB3914 - 34 - LRB096 09043 AJT 22357 b
Department of Natural Resources to govern the accessing.
(c) No person operating an all-terrain vehicle or
off-highway motorcycle shall make a direct crossing upon or
across any tollroad, interstate highway, or controlled access
highway in this State.
(d) The corporate authorities of a county, road district,
township, city, village, or incorporated town may adopt
ordinances or resolutions allowing all-terrain vehicles and
off-highway motorcycles to be operated on roadways under their
jurisdiction, designated by signs as may be prescribed by the
Department, when it is necessary to cross a bridge or culvert
or when it is impracticable to gain immediate access to an area
adjacent to a highway where an all-terrain vehicle or
off-highway motorcycle is to be operated. The crossing shall be
made in the same direction as traffic.
(e) (Blank). The corporate authorities of a county, road
district, township, city, village, or incorporated town may
adopt ordinances or resolutions designating one or more
specific public highways or streets under their jurisdiction as
egress and ingress routes for the use of all-terrain vehicles
and off-highway motorcycles. Operation of all-terrain vehicles
and off-highway motorcycles on the routes shall be in the same
direction as traffic. Corporate authorities acting under the
authority of this subsection (e) shall erect and maintain
signs, as may be prescribed by the Department, giving proper
notice of the designation.

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(f) The Secretary of State may suspend a person's driver's
license for violation of this Section.
(Source: P.A. 95-575, eff. 8-31-07.)
(625 ILCS 5/11-1427)
Sec. 11-1427. Illegal operation of an all-terrain vehicle
or off-highway motorcycle. It is unlawful for any person to
drive or operate any all-terrain vehicle or off-highway
motorcycle in the following ways:
(a) Careless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in a careless or
heedless manner so as to be grossly indifferent to the person
or property of other persons, or at a rate of speed greater
than will permit him in the exercise of reasonable care to
bring the all-terrain vehicle or off-highway motorcycle to a
stop within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in such a manner
as to endanger the life, limb or property of any person.
(c) Within any nature preserve as defined in Section 3.11
of the Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating railroad.
(e) In any tree nursery or planting in a manner which
damages or destroys growing stock, or creates a substantial
risk thereto.
(f) On private property, without the written or verbal

HB3914 - 36 - LRB096 09043 AJT 22357 b
consent of the owner or lessee thereof. Any person operating an
all-terrain vehicle or off-highway motorcycle upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if
requested to do so by the landowner shall promptly remove the
all-terrain vehicle or off-highway motorcycle from the
premises.
(g) Notwithstanding any other law to the contrary, an
owner, lessee, or occupant of premises owes no duty of care to
keep the premises safe for entry or use by others for use by an
all-terrain vehicle or off-highway motorcycle, or to give
warning of any condition, use, structure or activity on such
premises. This subsection does not apply where permission to
drive or operate an all-terrain vehicle or off-highway
motorcycle is given for a valuable consideration other than to
this State, any political subdivision or municipality of this
State, or any landowner who is paid with funds from the
Off-Highway Vehicle Trails Fund. In the case of land leased to
the State or a subdivision of the State, any consideration
received is not valuable consideration within the meaning of
this Section.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure, or
activity.
(h) On publicly owned lands unless such lands are

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designated for use by all-terrain vehicles or off-highway
motorcycles. For publicly owned lands to be designated for use
by all-terrain vehicles or off-highway motorcycles a public
hearing shall be conducted by the governmental entity that has
jurisdiction over the proposed land prior to the designation.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure, or
activity.
(h-1) At a rate of speed too fast for conditions, and the
fact that the speed of the all-terrain vehicle or off-highway
motorcycle does not exceed the applicable maximum speed limit
allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person,
vehicle, or object within legal requirements and the duty of
all persons to use due care.
(h-2) On the frozen surface of public waters of this State
within 100 feet of a person, including a skater, not in or upon
an all-terrain vehicle or off-highway motorcycle; within 100
feet of a person engaged in fishing, except at the minimum
speed required to maintain forward movement of the all-terrain
vehicle or off-highway motorcycle; on an area which has been
cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
(h-3) Within 100 feet of a dwelling between midnight and 6
a.m. at a speed greater than the minimum required to maintain

HB3914 - 38 - LRB096 09043 AJT 22357 b
forward movement of the all-terrain vehicle or off-highway
motorcycle. This subdivision (h-5) does not apply on private
property where verbal or written consent of the owner or lessee
has been granted to drive or operate an all-terrain vehicle or
off-highway motorcycle upon the private property or frozen
waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law, shall
operate or ride any all-terrain vehicle or off-highway
motorcycle with any firearm in his or her possession unless
he or she is in compliance with Section 2.33 of the
Wildlife Code.
(2) No person shall operate any all-terrain vehicle or
off-highway motorcycle emitting pollutants in violation of
standards established pursuant to the Environmental
Protection Act.
(3) No person shall deposit from an all-terrain vehicle
or off-highway motorcycle on the snow, ice or ground
surface, trash, glass, garbage, insoluble material, or
other offensive matter.
(4) No person shall ride an all-terrain vehicle or
off-highway motorcycle as a passenger. The Secretary of
State may suspend the operator's driver's license for
violation of this paragraph.
(5) No person under the age of 16 shall operate an
all-terrain vehicle or off-highway motorcycle.

HB3914 - 39 - LRB096 09043 AJT 22357 b
(6) No person shall operate an all-terrain vehicle or
off-highway motorcycle without a valid driver's license.
(7) No person shall operate an all-terrain vehicle or
off-highway motorcycle without a properly fitted helmet
secured to the person's head.
(Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
(625 ILCS 5/11-1427.5 new)
Sec. 11-1427.5. Public information on all-terrain vehicle
and or off-highway motorcycle laws.
(a) The laws and rules related to the operation of
all-terrain vehicles and off-highway motorcycles in this Code
shall be included in any publication of the "Rules of the Road"
that the Secretary of State may publish after the effective
date of this amendatory Act of the 96th General Assembly.
(b) The laws and rules related to the operation of
all-terrain vehicles and off-highway motorcycles in this Code
shall be included in any publication of the "Laws for Youth"
that the Legislative Research Unit may publish after the
effective date of this amendatory Act of the 96th General
Assembly.
HB3914 - 40 - LRB096 09043 AJT 22357 b
INDEX
Statutes amended in order of appearance
105 ILCS 5/27-23.8 new
105 ILCS 5/27-24.2 from Ch. 122, par. 27-24.2
625 ILCS 5/6-109 from Ch. 95 1/2, par. 6-109
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-1426 from Ch. 95 1/2, par. 11-1426
625 ILCS 5/11-1427
625 ILCS 5/11-1427.5 new